[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 383 Reported in Senate (RS)]
<DOC>
Calendar No. 70
116th CONGRESS
1st Session
S. 383
To support carbon dioxide utilization and direct air capture research,
to facilitate the permitting and development of carbon capture,
utilization, and sequestration projects and carbon dioxide pipelines,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2019
Mr. Barrasso (for himself, Mr. Whitehouse, Mrs. Capito, Ms. Duckworth,
Mr. Cramer, Ms. Smith, Mr. Manchin, Mr. Carper, Mr. Enzi, Mr. Schatz,
Mr. Rounds, Mr. Inhofe, Mr. Van Hollen, and Mr. Coons) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
April 10, 2019
Reported by Mr. Barrasso, without amendment
_______________________________________________________________________
A BILL
To support carbon dioxide utilization and direct air capture research,
to facilitate the permitting and development of carbon capture,
utilization, and sequestration projects and carbon dioxide pipelines,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utilizing Significant Emissions with
Innovative Technologies Act'' or the ``USE IT Act''.
TITLE I--ENCOURAGING PROJECTS TO REDUCE EMISSIONS
SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES.
Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(B) in the undesignated matter following
subparagraph (D) (as so redesignated)--
(i) in the second sentence, by striking
``The Administrator'' and inserting the
following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking
``Nothing'' and inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking
``Such program'' and inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States,
institutions of higher education,''
after ``scientists,''; and
(II) by striking ``Such strategies
and technologies shall be developed''
and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking
``In carrying out'' and inserting the
following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator shall
carry out the activities described in each of
subparagraphs (B), (C), (D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board'
means the Direct Air Capture Technology
Advisory Board established by clause
(iii)(I).
``(II) Dilute.--The term `dilute'
means a concentration of less than 1
percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The
term `direct air capture', with
respect to a facility,
technology, or system, means
that the facility, technology,
or system uses carbon capture
equipment to capture carbon
dioxide directly from the air.
``(bb) Exclusion.--The term
`direct air capture' does not
include any facility,
technology, or system that
captures carbon dioxide--
``(AA) that is
deliberately released
from a naturally
occurring subsurface
spring; or
``(BB) using
natural photosynthesis.
``(IV) Intellectual property.--The
term `intellectual property' means--
``(aa) an invention that is
patentable under title 35,
United States Code; and
``(bb) any patent on an
invention described in item
(aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1
year after the date of enactment of the
USE IT Act, the Administrator, in
consultation with the Secretary of
Energy, shall establish a program to
provide, and shall provide, financial
awards on a competitive basis for
direct air capture from media in which
the concentration of carbon dioxide is
dilute.
``(II) Duties.--In carrying out
this clause, the Administrator shall--
``(aa) subject to subclause
(III), develop specific
requirements for--
``(AA) the
competition process;
and
``(BB) the
demonstration of
performance of approved
projects;
``(bb) offer financial
awards for a project designed--
``(AA) to the
maximum extent
practicable, to capture
more than 10,000 tons
of carbon dioxide per
year; and
``(BB) to operate
in a manner that would
be commercially viable
in the foreseeable
future (as determined
by the Board); and
``(cc) to the maximum
extent practicable, make
financial awards to
geographically diverse
projects, including at least--
``(AA) 1 project in
a coastal State; and
``(BB) 1 project in
a rural State.
``(III) Public participation.--In
carrying out subclause (II)(aa), the
Administrator shall--
``(aa) provide notice of
and, for a period of not less
than 60 days, an opportunity
for public comment on, any
draft or proposed version of
the requirements described in
subclause (II)(aa); and
``(bb) take into account
public comments received in
developing the final version of
those requirements.
``(iii) Direct air capture technology
advisory board.--
``(I) Establishment.--There is
established an advisory board to be
known as the `Direct Air Capture
Technology Advisory Board'.
``(II) Composition.--The Board
shall be composed of 9 members
appointed by the Administrator, who
shall provide expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management;
and
``(hh) such other
disciplines as the
Administrator determines to be
necessary to achieve the
purposes of this subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of
the Board shall serve for a
term of 6 years.
``(bb) Vacancies.--A
vacancy on the Board--
``(AA) shall not
affect the powers of
the Board; and
``(BB) shall be
filled in the same
manner as the original
appointment was made.
``(IV) Initial meeting.--Not later
than 30 days after the date on which
all members of the Board have been
appointed, the Board shall hold the
initial meeting of the Board.
``(V) Meetings.--The Board shall
meet at the call of the Chairperson or
on the request of the Administrator.
``(VI) Quorum.--A majority of the
members of the Board shall constitute a
quorum, but a lesser number of members
may hold hearings.
``(VII) Chairperson and vice
chairperson.--The Board shall select a
Chairperson and Vice Chairperson from
among the members of the Board.
``(VIII) Compensation.--Each member
of the Board may be compensated at not
to exceed the daily equivalent of the
annual rate of basic pay in effect for
a position at level V of the Executive
Schedule under section 5316 of title 5,
United States Code, for each day during
which the member is engaged in the
actual performance of the duties of the
Board.
``(IX) Duties.--The Board shall
advise the Administrator on carrying
out the duties of the Administrator
under this subparagraph.
``(X) FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall
apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition
of receiving a financial award under
this subparagraph, an applicant shall
agree to vest the intellectual property
of the applicant derived from the
technology in 1 or more entities that
are incorporated in the United States.
``(II) Reservation of license.--The
United States--
``(aa) may reserve a
nonexclusive, nontransferable,
irrevocable, paid-up license,
to have practiced for or on
behalf of the United States, in
connection with any
intellectual property described
in subclause (I); but
``(bb) shall not, in the
exercise of a license reserved
under item (aa), publicly
disclose proprietary
information relating to the
license.
``(III) Transfer of title.--Title
to any intellectual property described
in subclause (I) shall not be
transferred or passed, except to an
entity that is incorporated in the
United States, until the expiration of
the first patent obtained in connection
with the intellectual property.
``(v) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $35,000,000, to remain
available until expended.
``(vi) Termination of authority.--The Board
and all authority provided under this
subparagraph shall terminate not later than 10
years after the date of enactment of the USE IT
Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide
utilization.--In this subparagraph, the term
`carbon dioxide utilization' refers to
technologies or approaches that lead to the use
of carbon dioxide--
``(I) through the fixation of
carbon dioxide through photosynthesis
or chemosynthesis, such as through the
growing of algae or bacteria;
``(II) through the chemical
conversion of carbon dioxide to a
material or chemical compound in which
the carbon dioxide is securely stored;
or
``(III) through the use of carbon
dioxide for any other purpose for which
a commercial market exists, as
determined by the Administrator.
``(ii) Program.--The Administrator, in
consultation with the Secretary of Energy,
shall carry out a research and development
program for carbon dioxide utilization to
promote existing and new technologies that
transform carbon dioxide generated by
industrial processes into a product of
commercial value, or as an input to products of
commercial value.
``(iii) Technical and financial
assistance.--Not later than 2 years after the
date of enactment of the USE IT Act, in
carrying out this subsection, the
Administrator, in consultation with the
Secretary of Energy, shall support research and
infrastructure activities relating to carbon
dioxide utilization by providing technical
assistance and financial assistance in
accordance with clause (iv).
``(iv) Eligibility.--To be eligible to
receive technical assistance and financial
assistance under clause (iii), a carbon dioxide
utilization project shall--
``(I) have access to an emissions
stream generated by a stationary source
within the United States that is
capable of supplying not less than 250
metric tons per day of carbon dioxide
for research;
``(II) have access to adequate
space for a laboratory and equipment
for testing small-scale carbon dioxide
utilization technologies, with onsite
access to larger test bays for scale-
up; and
``(III) have existing partnerships
with institutions of higher education,
private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon
dioxide utilization projects under this
paragraph, the Administrator shall consult with
the Secretary of Energy, and, as appropriate,
with the head of any other relevant Federal
agency, States, the private sector, and
institutions of higher education to develop
methods and technologies to account for the
carbon dioxide emissions avoided by the carbon
dioxide utilization projects.
``(vi) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this subparagraph $50,000,000, to remain
available until expended.
``(D) Deep saline formation report.--
``(i) Definition of deep saline
formation.--
``(I) In general.--In this
subparagraph, the term `deep saline
formation' means a formation of
subsurface geographically extensive
sedimentary rock layers saturated with
waters or brines that have a high total
dissolved solids content and that are
below the depth where carbon dioxide
can exist in the formation as a
supercritical fluid.
``(II) Clarification.--In this
subparagraph, the term `deep saline
formation' does not include oil and gas
reservoirs.
``(ii) Report.--In consultation with the
Secretary of Energy, and, as appropriate, with
the head of any other relevant Federal agency
and relevant stakeholders, not later than 1
year after the date of enactment of the USE IT
Act, the Administrator shall prepare, submit to
Congress, and make publicly available a report
that includes--
``(I) a comprehensive
identification of potential risks and
benefits to project developers
associated with increased storage of
carbon dioxide captured from stationary
sources in deep saline formations,
using existing research;
``(II) recommendations for managing
the potential risks identified under
subclause (I), including potential
risks unique to public land; and
``(III) recommendations for Federal
legislation or other policy changes to
mitigate any potential risks identified
under subclause (I).
``(E) Report on carbon dioxide nonregulatory
strategies and technologies.--
``(i) In general.--Not less frequently than
once every 2 years, the Administrator shall
submit to the Committee on Environment and
Public Works of the Senate and the Committee on
Energy and Commerce of the House of
Representatives a report that describes--
``(I) the recipients of assistance
under subparagraphs (B) and (C); and
``(II) a plan for supporting
additional nonregulatory strategies and
technologies that could significantly
prevent carbon dioxide emissions or
reduce carbon dioxide levels in the
air, in conjunction with other Federal
agencies.
``(ii) Inclusions.--The plan submitted
under clause (i) shall include--
``(I) a methodology for evaluating
and ranking technologies based on the
ability of the technologies to cost
effectively reduce carbon dioxide
emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-
related environmental or energy
considerations regarding the
technologies.
``(F) GAO report.--The Comptroller General of the
United States shall submit to Congress a report that--
``(i) identifies all Federal grant programs
in which a purpose of a grant under the program
is to perform research on carbon capture and
utilization technologies, including direct air
capture technologies; and
``(ii) examines the extent to which the
Federal grant programs identified pursuant to
clause (i) overlap or are duplicative.''.
TITLE II--IMPROVEMENT OF PERMITTING PROCESS FOR CARBON DIOXIDE CAPTURE
AND INFRASTRUCTURE PROJECTS
SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUCTURE PROJECTS.
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by
inserting ``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the
end;
(C) by redesignating clause (ii) as clause (iii);
and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or
environmental review developed for the primary
purpose of facilitating development of carbon
dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture
includes construction of--
``(i) any facility, technology, or system
that captures, utilizes, or sequesters carbon
dioxide emissions, including projects for
direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)); and
``(ii) carbon dioxide pipelines.''.
SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION
REPORT, PERMITTING GUIDANCE, AND REGIONAL PERMITTING TASK
FORCE.
(a) Definitions.--In this section:
(1) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct air
capture (as defined in paragraph (6)(B)(i) of section 103(g) of
the Clean Air Act (42 U.S.C. 7403(g))).
(2) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with respect to
development or the permitting process for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines, a process that is completed in an expeditious manner
while maintaining environmental, health, and safety
protections.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Chair of the Council on
Environmental Quality (referred to in this section as the
``Chair''), in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of the Interior, the Executive Director of the
Federal Permitting Improvement Council, and the head of any
other relevant Federal agency (as determined by the President),
shall prepare a report that--
(A) compiles all existing relevant Federal
permitting and review information and resources for
project applicants, agencies, and other stakeholders
interested in the deployment of carbon capture,
utilization, and sequestration projects and carbon
dioxide pipelines, including--
(i) the appropriate points of interaction
with Federal agencies;
(ii) clarification of the permitting
responsibilities and authorities among Federal
agencies; and
(iii) best practices and templates for
permitting;
(B) inventories current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of
commercial value;
(C) inventories existing initiatives and recent
publications that analyze or identify priority carbon
dioxide pipelines needed to enable efficient, orderly,
and responsible development of carbon capture,
utilization, and sequestration projects at increased
scale;
(D) identifies gaps in the current Federal
regulatory framework for the deployment of carbon
capture, utilization, and sequestration projects and
carbon dioxide pipelines; and
(E) identifies Federal financing mechanisms
available to project developers.
(2) Submission; publication.--The Chair shall--
(A) submit the report under paragraph (1) to the
Committee on Environment and Public Works of the Senate
and the Committee on Energy and Commerce of the House
of Representatives; and
(B) as soon as practicable, make the report
publicly available.
(c) Guidance.--
(1) In general.--After submission of the report under
subsection (b)(2), but not later than 1 year after the date of
enactment of this Act, the Chair shall submit guidance
consistent with that report to all relevant Federal agencies
that--
(A) facilitates reviews associated with the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines;
and
(B) supports the efficient, orderly, and
responsible development of carbon capture, utilization,
and sequestration projects and carbon dioxide
pipelines.
(2) Requirements.--
(A) In general.--The guidance under paragraph (1)
shall address requirements under--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(iii) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(iv) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(v) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(vi) division A of subtitle III of title
54, United States Code (formerly known as the
``National Historic Preservation Act'');
(vii) the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.);
(viii) the Act of June 8, 1940 (16 U.S.C.
668 et seq.) (commonly known as the ``Bald and
Golden Eagle Protection Act''); and
(ix) any other Federal law that the Chair
determines to be appropriate.
(B) Environmental reviews.--The guidance under
paragraph (1) shall include direction to States and
other interested parties for the development of
programmatic environmental reviews under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines.
(C) Public involvement.--The guidance under
paragraph (1) shall be subject to the public notice,
comment, and solicitation of information procedures
under section 1506.6 of title 40, Code of Federal
Regulations (or a successor regulation).
(3) Submission; publication.--The Chair shall--
(A) submit the guidance under paragraph (1) to the
Committee on Environment and Public Works of the Senate
and the Committee on Energy and Commerce of the House
of Representatives; and
(B) as soon as practicable, make the guidance
publicly available.
(4) Evaluation.--The Chair shall--
(A) periodically evaluate the reports of the task
forces under subsection (d)(5) and, as necessary,
revise the guidance under paragraph (1); and
(B) each year, submit to the Committee on
Environment and Public Works of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and relevant Federal agencies a report
that describes any recommendations for legislation,
rules, revisions to rules, or other policies that would
address the issues identified by the task forces under
subsection (d)(5).
(d) Task Force.--
(1) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Chair shall establish not less
than 2 task forces, which shall each cover a different
geographical area with differing demographic, land use, or
geological issues--
(A) to identify permitting and other challenges and
successes that permitting authorities and project
developers and operators face; and
(B) to improve the performance of the permitting
process and regional coordination for the purpose of
promoting the efficient, orderly, and responsible
development of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines.
(2) Members and selection.--
(A) In general.--The Chair shall--
(i) develop criteria for the selection of
members to each task force; and
(ii) select members for each task force in
accordance with clause (i) and subparagraph
(B).
(B) Members.--Each task force--
(i) shall include not less than 1
representative of each of--
(I) the Environmental Protection
Agency;
(II) the Department of Energy;
(III) the Department of the
Interior;
(IV) any other Federal agency the
Chair determines to be appropriate;
(V) any State that requests
participation in the geographical area
covered by the task force;
(VI) developers or operators of
carbon capture, utilization, and
sequestration projects or carbon
dioxide pipelines; and
(VII) nongovernmental membership
organizations, the primary mission of
which concerns protection of the
environment; and
(ii) at the request of a Tribal or local
government, may include a representative of--
(I) not less than 1 local
government in the geographical area
covered by the task force; and
(II) not less than 1 Tribal
government in the geographical area
covered by the task force.
(3) Meetings.--
(A) In general.--Each task force shall meet not
less than twice each year.
(B) Joint meeting.--To the maximum extent
practicable, the task forces shall meet collectively
not less than once each year.
(4) Duties.--Each task force shall--
(A) inventory existing or potential Federal and
State approaches to facilitate reviews associated with
the deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines,
including best practices that--
(i) avoid duplicative reviews;
(ii) engage stakeholders early in the
permitting process; and
(iii) make the permitting process
efficient, orderly, and responsible;
(B) develop common models for State-level carbon
dioxide pipeline regulation and oversight guidelines
that can be shared with States in the geographical area
covered by the task force;
(C) provide technical assistance to States in the
geographical area covered by the task force in
implementing regulatory requirements and any models
developed under subparagraph (B);
(D) inventory current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of
commercial value;
(E) identify any priority carbon dioxide pipelines
needed to enable efficient, orderly, and responsible
development of carbon capture, utilization, and
sequestration projects at increased scale;
(F) identify gaps in the current Federal and State
regulatory framework and in existing data for the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines;
(G) identify Federal and State financing mechanisms
available to project developers; and
(H) develop recommendations for relevant Federal
agencies on how to develop and research technologies
that--
(i) can capture carbon dioxide; and
(ii) would be able to be deployed within
the region covered by the task force, including
any projects that have received technical or
financial assistance for research under
paragraph (6) of section 103(g) of the Clean
Air Act (42 U.S.C. 7403(g)).
(5) Report.--Each year, each task force shall prepare and
submit to the Chair and to the other task forces a report that
includes--
(A) any recommendations for improvements in
efficient, orderly, and responsible issuance or
administration of Federal permits and other Federal
authorizations required under a law described in
subsection (c)(2)(A); and
(B) any other nationally relevant information that
the task force has collected in carrying out the duties
under paragraph (4).
(6) Evaluation.--Not later than 5 years after the date of
enactment of this Act, the Chair shall--
(A) reevaluate the need for the task forces; and
(B) submit to Congress a recommendation as to
whether the task forces should continue.
Calendar No. 70
116th CONGRESS
1st Session
S. 383
_______________________________________________________________________
A BILL
To support carbon dioxide utilization and direct air capture research,
to facilitate the permitting and development of carbon capture,
utilization, and sequestration projects and carbon dioxide pipelines,
and for other purposes.
_______________________________________________________________________
April 10, 2019
Reported without amendment