,,ii #aafth ,,congress #b;d ,session ,s4 #cbdg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjbj,mr4 ,sanders 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to ban the practice of hydraulic fracturing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fracking ,ban ,act4 #b4 ,findings ,congress finds that-- 7#a7 the chemicals injected into the ground during the hydraulic fracturing process include acids1 detergents1 and toxic chemicals that put drinking water at risk2 7#b7 hydraulic fracturing1 or fracking1 extracts natural gas containing methane1 a greenhouse gas that traps more than #hf times the heat of carbon dioxide in the short term2 7#c7 the process of fracking results in further methane leakages that could increase carbon pollution in the ,united ,states by #be percent by #bjej2 7#d7 fracked natural gas is not a bridge fuel1 as previously understood2 7#e7 even if every coal plant were replaced by fracked gas electricity by #bjcj1 emissions would remain on track to grow through #bjej due in part to pervasive methane leaks that make fracked gas as dangerous as coal2 7#f7 similarly1 even if methane leaks could be totally eliminated1 the direct emissions from burning the huge volumes of natural gas the ,united ,states plans to produce in the next decade do not fit in safe climate scenarios2 7#g7 the ,american ,petroleum ,institute reports that up to #ie of natural gas wells in the next decade in the ,united ,states will be fracked2 7#h7 renewable energy and storage eliminate any need for fracked gas2 7#i7 all the technologies needed to support a transition to #ajj percent renewable electricity exist at commercial scale and equal or cheaper costs compared to fossil fuels2 7#aj7 significant carbon reductions are impossible if even #aj percent of electricity comes from natural gas going forward2 7#aa7 in some instances1 fracking operations violate property rights by taking the land of property owners for drilling and transportation of fracked gas2 7#ab7 in ,lancaster ,county1 ,pennsylvania1 the ,transcontinental ,gas ,pipe ,line ,company1 or ,transco1 seized private land and began construction for a fracked gas pipeline before the landowners could appear in court to protest and once the landowners did file an official protest1 the ,federal ,energy ,regulatory ,commission allowed ,transco to continue construction while the case was decided in court2 7#ac7 scientists1 along with governmental agencies in the ,united ,states and ,canada1 report that fracking and fracking wastewater injections can be linked to earthquakes all across ,north ,america1 including in the ,states of ,pennsylvania1 ,oklahoma1 ,texas1 ,kansas1 and ,arkansas and in ,british ,columbia2 7#ad7 fracking contaminates ground and surface water with toxic chemicals though waste discharge1 underground migration of fracking gas and chemicals into drinking water sources1 and spills2 7#ae7 numerous scientific studies have shown that the chemicals referred to in paragraph 7#ad7 cause serious negative health impacts such as cancer and birth defects2 7#af7 in addition to toxic chemicals injected underground1 fracking fluid traveling back up to the surface contains additional toxic substances such as heavy metals1 arsenic1 barium1 strontium1 uranium1 radium1 and radon2 7#ag7 fracking pollutes the air and substantially contributes to ground-level ozone1 which can cause serious negative health impacts such as strokes1 heart attacks1 and asthma2 7#ah7 research shows that expectant mothers living near heavy fracking in the ,state of ,pennsylvania were significantly more likely to experience a high-risk pregnancy or give birth prematurely2 7#ai7 studies have linked drilling and fracking to elevated incidences of infant deaths1 high-risk pregnancies1 and low birth weight in the ,states of ,colorado and ,texas2 7#bj7 the fracking industry regularly disposes of waste that will remain radioactive for thousands of years by spraying it on roads next to homes and farms2 7#ba7 the climate crisis represents a national emergency to the future stability1 prosperity1 and general welfare of the ,united ,states and a growing body of scientific research has demonstrated that leakage1 venting1 and flaring of methane and other greenhouse gases in the course of oil and gas production and transmission significantly contributes to increased climate change2 7#bb7 a global rise in temperatures of more than #a4e degrees ,celsius would result in irreversible and catastrophic changes to public health1 livelihoods1 quality of life1 food security1 water supplies1 human security1 and economic growth2 7#bc7 limiting warming to #a4e degrees ,celsius requires global carbon pollution emissions to be cut in half by #bjcj1 and completely eliminated by #bjej2 7#bd7 the ,united ,states is on track to account for #fj percent of world growth in oil and gas production by #bjcj and extract enough new oil and gas by #bjej to make it impossible to avoid a rise in temperatures of more than #a4e degrees ,celsius2 7#be7 fracking can expose workers to toxic substances like radon1 the second-leading cause of lung cancer in the ,united ,states1 in concentrations hundreds of times more radioactive than the legal limit for nuclear power plant discharges1 as well as other dangerous substances like silica dust2 7#bf7 low-income communities1 communities of color1 indigenous communities1 and other environmental justice communities in the ,united ,states are disproportionately exposed to pollution from hydraulic fracturing2 7#bg7 more than #ag1jjj1jjj individuals in the ,united ,states1 including #a1djj1jjj young children and #a1ajj1jjj elderly people1 live within a mile of an oil or natural gas well or an oil or natural gas processing1 transmission1 and storage facility2 7#bh7 the air in many ,african-,american communities violates air quality standards for ozone smog1 and more than #a1jjj1jjj ,african ,americans live within a half mile of oil and natural gas wells or processing1 transmission1 and storage facilities2 7#bi7 children in ,african-,american communities experience #ach1jjj additional asthma attacks and #aja1jjj lost school days each year due to ozone increases from natural gas emissions2 7#cj7 frontline and vulnerable communities that are currently being exposed to fracking will also be hit hardest by the impacts of climate change2 7#ca7 several ,states1 including the ,states of ,vermont1 ,new ,york1 ,washington1 and ,maryland1 and cities1 counties1 and towns across the ,united ,states1 have banned hydraulic fracturing2 7#cb7 the ,federal ,government should follow the lead of the ,states1 cities1 counties1 and towns that have banned hydraulic fracturing by banning hydraulic fracturing on all onshore and offshore land in the ,united ,states2 7#cc7 the ,federal ,government should commit to transitioning toward energy efficiency and #ajj-percent-sustainable energy sources1 such as wind and solar2 7#cd7 exporting liquefied natural gas requires supercooling fracked natural gas1 an energy intensive process that makes the climate impacts even worse2 7#ce7 the process described in paragraph 7#cd7 requires major investments in expensive new dirty energy infrastructure that poses risk of disastrous explosions2 7#cf7 the ,interstate ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states provides ,congress the power to regulate or ban fracking due to the substantial role of oil and gas in the stream of interstate commerce and the fact that produced waters generated from the practice of hydraulic fracturing are transported across ,state lines2 7#cg7 under the ,foreign ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states1 ,congress has the power to regulate commerce with foreign nations1 and the practice of hydraulic fracturing has a substantial and growing effect on national and international oil and gas markets2 7#ch7 the ,federal ,government must provide fossil fuel workers1 and the communities in which they live1 with a just and fair transition away from the fossil fuel industry1 including by guaranteeing the incomes1 training1 healthcare1 and pensions of affected workers1 creating new1 high-wage1 unionized1 green jobs1 and investing in economic development and infrastructure in fossil fuel communities2 7#ci7 the ,federal ,government must assist frontline and vulnerable communities that have been most polluted by the fossil fuel industry by cleaning up pollution1 remediating negative health impacts1 and building resilient infrastructure to prepare for the unavoidable impacts of climate change2 7#dj7 the ,federal ,government must hold the fossil fuel industry accountable by requiring the fossil fuel industry to pay for the costs of cleaning up pollution and preparing communities for the unavoidable impacts of climate change2 7#da7 hydraulic fracturing activities and related infrastructure create public nuisances for local communities1 impact disproportionally affected communities1 and create a public nuisance nationwide by exacerbating negative impacts of climate change1 including worse heat waves1 floods1 droughts1 extreme weather1 spread of disease1 and sea level rise2 and 7#db7 hydraulic fracturing is not in the national interest of the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,acid ,the term acid means any fluid injected into crude oil- or natural gas-bearing geological formations to create1 dissolve1 etch1 erode1 or increase the permeability of fractures or fissures4 7#b7 ,committee ,the term ,committee means the ,just ,transition ,committee established under section #d7;d77#a74 7#c7 ,fracking2 hydraulic fracturing ,the terms fracking and hydraulic fracturing include the practice of injecting acids1 chemicals1 proppants1 solvents1 and other fluids underground to create fractures or fissures in oil- or natural gas-bearing geological formations to extract oil or natural gas4 7#d7 ,frontline and vulnerable community ,the term frontline and vulnerable community means a community in which climate change1 pollution1 or environmental destruction have exacerbated systemic racial1 regional1 social1 environmental1 and economic injustices by disproportionately affecting indigenous peoples1 communities of color1 migrant communities1 deindustrialized communities1 depopulated rural communities1 the poor1 low-income workers1 women1 the elderly1 the unhoused1 people with disabilities1 or youth4 7#e7 ,produced waters ,the term produced waters means liquids produced as a byproduct during the fracking process4 7#f7 ,proppant ,the term proppant means any material intended to keep a hydraulic fracture open during or after the extraction of oil or natural gas4 7#g7 ,solvent ,the term solvent means any fluid1 including steam1 injected into oil- or natural gas-bearing geological formations for the purpose of liquefying1 decreasing the viscosity of1 or increasing the flow of any other injected fluid or oil or natural gas4 #d4 ,prohibition on hydraulic fracturing 7a7 ,in general ,no ,federal agency may approve any ,federal permit for the expansion of hydraulic fracturing or fracked oil and natural gas infrastructure1 including new hydraulic fracturing operations1 new pipelines1 new liquefied natural gas or oil export terminals1 new natural gas storage1 new ethane cracker plants1 new natural gas power generation plants1 or other infrastructure intended to extract1 transport1 or burn natural gas or oil4 7b7 ,survey 7#a7 ,in general ,not later than ,january #ca1 #bjba1 the ,administrator of the ,environmental ,protection ,agency shall complete a national survey of all oil and natural gas wells in the ,united ,states to identify all wells where hydraulic fracturing has been used or is in the process of being used4 7#b7 ,inclusions ,the survey under paragraph 7#a7 shall include1 with respect to each well identified under the survey as a well where hydraulic fracturing has been used or is in the process of being used1 data on-- 7,a7 the location of the well2 7,b7 the proximity of the well to homes1 schools1 and other inhabited structures2 7,c7 the historic1 current1 and future production rates of the well2 and 7,d7 any known health and safety violations of the well4 7c7 ,revocation of permits ,effective on ,february #a1 #bjba-- 7#a7 all ,federal operating permits for any well identified under the survey under subsection 7b7 as a well where hydraulic fracturing has been used or is in the process of being used and found to be operating within #b1ejj feet of a home1 school1 or other inhabited structure shall be immediately revoked2 and 7#b7 the well shall immediately cease all production operations4 7d7 ,just ,transition ,committee 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,labor shall establish a multistakeholder1 multiagency committee1 to be known as the ,just ,transition ,committee1 which shall include the ,environmental ,protection ,agency1 the ,department of ,education1 the ,department of ,energy1 and the ,department of ,commerce4 7#b7 ,report 7,a7 ,in general ,not later than ,january #a1 #bjba1 the ,committee shall submit to ,congress a report that details the recommendations of the ,committee for ensuring the health and safety of individuals residing in1 and the prosperity of1 natural gas- and oil-producing regions during the phaseout of the production of natural gas and oil in those regions4 7,b7 ,consultation required ,in preparing the report under subparagraph 7,a71 the ,committee shall consult with relevant stakeholders1 including representatives of organized labor1 frontline and vulnerable communities1 and ,state and local governmental representatives of the natural gas- and oil-producing regions referred to in subparagraph 7,a74 7e7 ,prohibition ,beginning on ,january #a1 #bjbe1 the practice of hydraulic fracturing for oil and natural gas is prohibited on all onshore and offshore land in the ,united ,states4