Safe Hydration is an American Right in Energy Development Act of 2025

Bill Number

H.R. 6116

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-11-18: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-04-10T11:59:48Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Safe Hydration is an American Right in Energy Development Act of 2025," aims to protect underground sources of drinking water from potential contamination caused by hydraulic fracturing (fracking) operations. Fracking is a process used to extract oil, gas, or geothermal energy by injecting fluids and propping agents underground. The legislation amends the Safe Drinking Water Act (SDWA) to mandate testing and reporting of water quality near fracking sites, ensuring greater oversight and public transparency.

Key Provisions

• Prohibition on Fracking Without Testing: Underground injection for fracking related to oil, gas, or geothermal production is prohibited unless the operator agrees to conduct required testing and report results.
• Testing Requirements (under new Section 1421A):
• Operators must test underground sources of drinking water (USDWs) at specified intervals:
• For new sites: Before starting operations, every 6 months during active fracking, and every 12 months for 5 years after operations end.
• For previously used but inactive sites: Before resuming, every 6 months during active fracking, and every 12 months for 5 years after.
• For ongoing sites: Every 6 months until operations end, then every 12 months for 5 years after.
• Reports of test results must be submitted to the Environmental Protection Agency (EPA) within 2 weeks of each test.
• Sampling and Testing Standards:
• Tests occur at all accessible USDWs within 0.5 miles of the site, or the nearest one within 1 mile if none are closer.
• Testing must be done by EPA-certified labs and check for hazardous substances, pollutants, contaminants, or other indicators of fracking-related damage (e.g., chemicals that could harm water quality).
• Exception: No testing is required if no accessible USDW exists within 1 mile of the site. An "accessible USDW" is one the operator can reasonably reach for sampling.
• Public Database: The EPA must create and maintain an online database of all test results, making it publicly available and searchable by ZIP code to help people identify nearby fracking sites.

Significant Changes to Existing Law

• Amends Section 1421(b)(1) of the SDWA to explicitly tie fracking permits to testing agreements, closing a gap in the current underground injection control (UIC) program, which regulates injections to prevent water contamination but previously exempted most fracking fluids (except diesel) without such mandates.
• Adds a new Section 1421A to the SDWA's Part C, introducing detailed, ongoing testing and reporting rules specifically for fracking—requirements not previously specified for these operations.
• Includes a conforming amendment to Section 1421(d)(1)(B)(ii), preserving the general exemption for non-diesel fracking fluids but subordinating it to the new testing rules, ensuring they take precedence.

Potential Impacts

• Government Agencies: The EPA will face increased administrative burdens to establish and maintain the public database, certify labs, and review reports, potentially requiring additional resources. State agencies overseeing UIC programs (required under SDWA) must incorporate these rules into their regulations, which could strain state budgets.
• Citizens: Improves access to information on water quality near fracking sites, empowering communities to monitor potential health risks from contamination (e.g., exposure to harmful chemicals). Could enhance public health protections in areas reliant on groundwater for drinking.
• International Relations: Minimal direct impact, though stricter U.S. fracking rules might influence global energy markets or environmental standards discussions, potentially affecting trade in oil and gas exports.
• Broader Economy: Fracking operators may incur higher compliance costs for testing and reporting, which could raise energy production expenses and slightly slow development in affected regions, but also reduce long-term cleanup costs from contamination.

Main Stakeholders Affected

• Fracking Operators: Oil, gas, and geothermal companies must comply with testing, facing direct costs and operational delays.
• Environmental and Public Health Groups: Benefit from enhanced protections and data transparency for advocacy and monitoring.
• Local Communities and Residents: Particularly those near fracking sites, gaining tools to assess water safety and hold operators accountable.
• EPA and State Regulators: Responsible for enforcement, database management, and program updates.
• Energy Industry: Could experience regulatory hurdles that impact investment and production timelines.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens the SDWA's UIC framework by imposing enforceable testing mandates, potentially leading to more litigation if operators challenge the rules as overly burdensome or vague (e.g., defining "indicators of damage"). Certified lab requirements ensure scientific reliability but may limit testing options in remote areas.
• Constitutional: Aligns with federal authority under the Commerce Clause to regulate interstate environmental impacts from energy production; no apparent conflicts with property rights, though Takings Clause claims could arise if testing access is deemed an uncompensated burden on land use.
• Political: Highlights tensions between environmental protection and energy independence; introduced by Democratic representatives, it may face opposition from industry-backed groups favoring deregulation, influencing debates on climate policy and resource extraction in Congress.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Schakowsky, Janice D. [D-IL-9]

Cosponsors (20)

Rep. Beyer, Donald S. [D-VA-8], Rep. Castor, Kathy [D-FL-14], Rep. Clarke, Yvette D. [D-NY-9], Rep. DeGette, Diana [D-CO-1], Rep. Jayapal, Pramila [D-WA-7], Rep. Pocan, Mark [D-WI-2], Rep. Huffman, Jared [D-CA-2], Rep. Vargas, Juan [D-CA-52], Rep. Cohen, Steve [D-TN-9], Rep. Morelle, Joseph D. [D-NY-25], Rep. DeSaulnier, Mark [D-CA-10], Rep. Casten, Sean [D-IL-6], Rep. Carson, André [D-IN-7], Rep. Thanedar, Shri [D-MI-13], Rep. Khanna, Ro [D-CA-17], Rep. McGovern, James P. [D-MA-2], Rep. Espaillat, Adriano [D-NY-13], Rep. Sherman, Brad [D-CA-32], Rep. Simon, Lateefah [D-CA-12], Rep. Grijalva, Adelita S. [D-AZ-7]

Recent Actions

• 2025-11-18: Referred to the House Committee on Energy and Commerce.
• 2025-11-18: Introduced in House
• 2025-11-18: Introduced in House

Bill Versions

• Safe Hydration is an American Right in Energy Development Act of 2025 — issued 2025-11-18 — PDF (7 pages)