I 

116TH CONGRESS 

2D SESSION H. R. 8312 

To amend the Clean Air Act to prohibit the emission of any greenhouse 

gas in any quantity from any new electric utility steam generating 

unit, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2020 

Ms. SCHAKOWSKY (for herself, Ms. BARRAGA ́N, Mr. GARCI ́A of Illinois, Mr. 

ESPAILLAT, Mr. LOWENTHAL, and Mr. HASTINGS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, and 

Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Clean Air Act to prohibit the emission of 

any greenhouse gas in any quantity from any new electric utility steam generating unit, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Future Generations 

5 Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The use of fossil fuels exacerbates the cli2 mate crisis, threatens America’s natural resources, 

3 and disproportionately damages frontline environ4 mental justice communities. 

5 (2) In order to avoid the worst consequences of 

6 climate change, the Federal Government should 

7 transition away from fossil fuels to renewable energy 

8 sources. 

9 (3) In achieving its energy goals, it is the re10 sponsibility of the Federal Government to ensure a 

11 fair and just transition for workers and frontline 

12 communities. 

13 (4) The Federal Government should do this by 

14 prioritizing racial and gender equity, environmental 

15 justice, and partnering with labor unions to ensure 

16 that workers have training for and access to clean17 energy jobs. 

18 SEC. 3. EMISSIONS OF GREENHOUSE GASSES. 

19 (a) PROHIBITION AGAINST THE EMISSION OF

20 GREENHOUSE GASES FROM NEW ELECTRIC UTILITY

21 STEAM GENERATING UNITS.—The Clean Air Act is 

22 amended by inserting after section 111 of such Act (42 

23 U.S.C. 7411) the following new section: 


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1 ‘‘SEC. 111A. PROHIBITION AGAINST THE EMISSION OF 

2 GREENHOUSE GASES FROM ELECTRIC UTIL3 ITY STEAM GENERATING UNITS. 

4 ‘‘(a) PROHIBITION.—Beginning on the date of enact5 ment of this section, the emission of a greenhouse gas in 

6 any quantity from a new electric utility steam generating 

7 unit shall be treated as a violation of a standard or limita8 tion under section 111. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘electric utility steam generating 

11 unit’ has the meaning given to that term in section 

12 112(a). 

13 ‘‘(2) The term ‘greenhouse gas’ means— 

14 ‘‘(A) carbon dioxide; 

15 ‘‘(B) methane; 

16 ‘‘(C) nitrous oxide; 

17 ‘‘(D) hydrofluorocarbons; 

18 ‘‘(E) perfluorocarbons; 

19 ‘‘(F) sulfur hexafluoride; or 

20 ‘‘(G) any other anthropogenically emitted 

21 gas that is determined by the Administrator, by 

22 regulation, to contribute to global warming to a 

23 non-negligible degree. 

24 ‘‘(3) The term ‘new electric utility steam gener25 ating unit’ means an electric utility steam gener26 ating unit that commences operations or otherwise 


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1 becomes a new source (as defined in section 111(a)) 

2 on or after the date of enactment of this section.’’. 

3 (b) PROHIBITION.— 

4 (1) PROHIBITION.—Notwithstanding any other 

5 provision of law, the Federal Energy Regulatory 

6 Commission may not— 

7 (A) approve an application for the siting, 

8 construction, expansion, or operation of an 

9 LNG terminal under section 3(e) of the Natural 

10 Gas Act (15 U.S.C. 717b); or 

11 (B) issue a certificate of public convenience 

12 and necessity under section 7 of such Act (15 

13 U.S.C. 717f). 

14 (2) EXCEPTION.— 

15 (A) IN GENERAL.—Paragraph (1) shall not 

16 apply with respect to an application or certifi17 cate that, if approved or issued, will result in a 

18 reduction in emissions of any greenhouse gas at 

19 the LNG terminal, as determined by the Com20 mission. 

21 (B) DEFINITION.—In this section, the 

22 term ‘‘greenhouse gas’’ means— 

23 (i) carbon dioxide; 

24 (ii) methane; 

25 (iii) nitrous oxide; 


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1 (iv) hydrofluorocarbons; 

2 (v) perfluorocarbons; 

3 (vi) sulfur hexafluoride; or 

4 (vii) any other anthropogenically emit5 ted gas that is determined by the Adminis6 trator of the Environmental Protection 

7 Agency, by regulation, to contribute to 

8 global warming to a non-negligible degree. 

9 SEC. 4. PROHIBITING HYDRAULIC FRACTURING. 

10 (a) PROHIBITION.—Hydraulic fracturing is prohib11 ited on all onshore and offshore land within the jurisdic12 tion of the United States. 

13 (b) DEFINITION.—In this section, the term ‘‘hydrau14 lic fracturing’’ means an operation conducted in an indi15 vidual wellbore designed to increase the flow of hydro16 carbons from a rock formation to the wellbore through 

17 modifying the permeability of reservoir rock by fracturing 

18 it, except that such term does not include enhanced sec19 ondary recovery, including water flooding, tertiary recov20 ery, and other types of well stimulation operations. 

21 (c) EFFECTIVE DATE.—This section shall take effect 

22 on January 1, 2025. 


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1 SEC. 5. BAN ON CRUDE OIL AND NATURAL GAS EXPORTS. 

2 (a) IN GENERAL.—Section 101 of title I of division 

3 O of the Consolidated Appropriations Act, 2016 (42 

4 U.S.C. 6212a) is amended to read as follows: 

5 ‘‘SEC. 101. PROHIBITION ON EXPORTS OF CRUDE OIL AND 

6 NATURAL GAS. 

7 ‘‘Except as provided in this section, notwithstanding 

8 any other provision of this Act, exports of domestically 

9 produced crude oil and natural gas, including liquefied 

10 natural gas and natural gas liquids, are prohibited. The 

11 Secretary of Commerce may, with the approval of the 

12 President, approve the export of crude oil for— 

13 ‘‘(1) exchanges in similar quantity for conven14 ience or increased efficiency of transportation with 

15 persons or the government of a foreign state; 

16 ‘‘(2) temporary exports for convenience or in17 creased efficiency of transportation across parts of 

18 an adjacent foreign state which exports reenter the 

19 United States; and 

20 ‘‘(3) the historical trading relations of the 

21 United States with Canada and Mexico.’’. 

22 (b) REPEAL RELATING TO EXPORTATION OF NAT23 URAL GAS.—Section 3 of the Natural Gas Act (15 U.S.C. 

24 717b) is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘export any natural gas 

2 from the United States to a foreign country 

3 or’’; and 

4 (B) by striking ‘‘exportation or’’; and 

5 (2) by striking subsection (c). 

Æ 


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