[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4280 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4280
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19 (legislative day, May 17), 2022
Mr. Coons (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, 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 ``Federal Carbon Dioxide Removal
Leadership Act of 2022''.
SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE.
(a) Definitions.--In this section:
(1) Eligible technology.--
(A) In general.--The term ``eligible technology''
means any equipment, technique, or technology, as
determined appropriate by the Secretary, placed into
service after January 1, 2022, that removes carbon
dioxide directly from ambient air or seawater.
(B) Exclusion.--The term ``eligible technology''
does not include any equipment, technique, or
technology that--
(i) removes carbon dioxide that is
deliberately released from naturally occurring
subsurface springs; or
(ii) removes carbon dioxide through natural
photosynthesis, subject to subparagraph (C).
(C) Other eligible technology.--
(i) In general.--Notwithstanding
subparagraph (B)(ii), the term ``eligible
technology'', with respect to a project for the
removal of carbon dioxide carried out by an
entity with which the Secretary enters into a
contract under subsection (c), includes any
equipment, technique, or technology used in the
project that removes carbon dioxide using
gasification or pyrolysis of solid,
nonhazardous, and cellulosic waste materials if
the Secretary, by rule, determines that the
equipment, technique, or technology, as
applicable, is capable of--
(I) adequately monitoring,
reporting, and verifying the amount of
greenhouse gas emissions (calculated on
a lifecycle basis) that are associated
with the equipment, technique, or
technology; and
(II) adequately mitigating the
environmental impacts (including
impacts on biodiversity, land use, and
air and water quality) associated with
the equipment, technique, or
technology.
(ii) Rule.--The Secretary shall review any
rule promulgated pursuant to clause (i) not
less frequently than once every 6 years after
the date on which the rule is promulgated.
(2) Lifecycle basis.--The term ``lifecycle basis'' means
the net sum of all greenhouse gas emissions (using mass values
for all greenhouse gases that are adjusted to account for their
relative global warming potential, in consultation with the
Administrator of the Environmental Protection Agency) and
removals associated with carbon dioxide removal activity,
including any emissions associated with--
(A) energy and feedstock inputs;
(B) the carbon dioxide removal process; and
(C) carbon dioxide storage, including use and
disposal of any materials or products associated with
carbon dioxide storage.
(3) Remove.--The term ``remove'', with respect to carbon
dioxide, means--
(A) to capture carbon dioxide using an eligible
technology; and
(B) to permanently store that captured carbon
dioxide--
(i) in dedicated subsurface geologic
storage reported under sections 98.440 and
146.91(e) of title 40, Code of Federal
Regulations (or successor regulations);
(ii) in materials, including building
materials and mineralized carbon materials; or
(iii) through another permanent storage
method, as determined by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Small removal project.--The term ``small removal
project'' means a project for the removal of carbon dioxide
that removes not more than 5 percent of the net metric tons of
carbon dioxide required to be removed under subsection (b)(1)
for the fiscal year in which the project begins.
(b) Removal Requirement.--
(1) Amounts.--The Secretary shall, if economically feasible
as determined under paragraph (2), remove--
(A) 50,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for each of fiscal
years 2024 and 2025;
(B) 500,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for each of fiscal
years 2026 through 2028;
(C) 5,000,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for each of fiscal
years 2029 through 2034; and
(D) 10,000,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for fiscal year 2035
and each fiscal year thereafter.
(2) Economic feasibility.--
(A) In general.--The removal of carbon dioxide
under paragraph (1) shall be considered economically
feasible if the removal can be accomplished, or in the
case of a contract under subsection (c), purchased--
(i) for each of fiscal years 2024 and 2025,
at a price per metric ton of carbon dioxide of
not more than $550;
(ii) for each of fiscal years 2026 through
2028, at a price per metric ton of carbon
dioxide of not more than $400;
(iii) for each of fiscal years 2029 through
2031, at a price per metric ton of carbon
dioxide of not more than $300;
(iv) for each of fiscal years 2032 through
2034, at a price per metric ton of carbon
dioxide of not more than $200; and
(v) for fiscal year 2035 and each fiscal
year thereafter, at a price per metric ton of
carbon dioxide of not more than $150.
(B) Inclusion of monitoring, reporting, and
verification costs.--For purposes of subparagraph (A),
the price per metric ton of carbon dioxide shall
include any costs associated with the monitoring,
reporting, and verification required under subsection
(d).
(C) Multiyear contracts.--The removal of carbon
dioxide carried out pursuant to a multiyear contract
entered into under subsection (c) shall be considered
economically feasible if such removal can be
accomplished at the applicable dollar amount for the
first fiscal year of the contract, as provided in
subparagraph (A), through the entire length of the
contract.
(3) Timing.--For each fiscal year, the Secretary shall
remove the amount of carbon dioxide required under paragraph
(1) for that fiscal year not later than 3 years after the
beginning of that fiscal year.
(4) Small removal project set-aside.--To the extent
practicable, at least 20 percent of the net metric tons of
carbon dioxide required to be removed under paragraph (1) for
each of fiscal years 2024 through 2034 shall be removed through
small removal projects.
(c) Contracts for Projects To Remove Carbon Dioxide.--
(1) In general.--To meet the requirements of subsection
(b), the Secretary may enter into contracts to carry out
projects for the removal of carbon dioxide, including small
removal projects.
(2) Duration.--A contract entered into under paragraph (1)
shall be for a term of not more than 15 years.
(3) Priorities.--In entering into contracts under paragraph
(1), the Secretary shall give priority to contracts for
projects that--
(A) minimize the amount of greenhouse gas emissions
released by carrying out the project;
(B) support the commercialization of innovative
removal technologies;
(C) increase the diversity of commercially
available eligible technologies;
(D) provide the greatest potential for domestic job
creation;
(E) result in economic development or economic
diversification in regions or localities that have
historically generated significant economic activity
from the production, processing, transportation, or
combustion of fossil fuels, including through the use
of coal mines, fossil fuel-fired electricity generating
units, and petroleum refining facilities;
(F) quantify and mitigate the effect of removing
carbon dioxide on environmental justice, the
environment, and public health; and
(G) include robust public engagement and community
benefits.
(d) Monitoring, Reporting, and Verification.--
(1) In general.--The Secretary, or an entity with which the
Secretary enters into a contract under subsection (c), shall
monitor, report, and verify the net metric tons of carbon
dioxide that the Secretary or the entity, as applicable,
removes for purposes of this section.
(2) Best practices.--The Secretary shall ensure that any
project carried out under a contract entered into under
subsection (c) shall follow the best available practices, as
determined by the Secretary, for monitoring, reporting, and
verifying the net metric tons of carbon dioxide removed under
the project, including best practices that--
(A) are used by similar carbon dioxide removal
projects; and
(B) are necessary to ensure safe, effective, and
efficient removal of carbon dioxide.
(3) Prohibition on double counting.--Carbon dioxide that is
removed for the purpose of complying with any other greenhouse
gas emissions management program, including any foreign,
Federal, State, local, or private greenhouse gas emissions
management program, as determined by the Secretary, may not be
considered removed under subsection (b) for purposes of meeting
the requirements of that subsection.
(e) Federal Assistance.--Funds received pursuant to a contract
entered into under subsection (c) shall not be considered Federal
assistance or otherwise affect eligibility for any Federal assistance,
including a tax incentive.
(f) Report.--Not later than January 1, 2027, and every 2 years
thereafter, the Secretary shall submit to Congress, and make publicly
available, a report that describes the progress made in carrying out
the requirements of this section, including--
(1) the amounts of carbon dioxide removed during the period
covered by the report, as verified pursuant to subsection (d);
(2) the total price, and price per metric ton, of removing
carbon dioxide for each applicable fiscal year during the
period covered by the report;
(3) the methods of monitoring, reporting, and verification
required under subsection (d);
(4) an assessment, to the extent practicable, of how the
amounts of carbon dioxide removed during the period covered by
the report have affected environmental justice, the
environment, and public health; and
(5) information on any labor impact or job creation
resulting from carrying out the requirements of this section
during the period covered by the report.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
<all>