Calendar No. 70 TH ST CONGRESS SESSION S. 383 · •S 383 RS 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Utilizing Significant 3 Emissions with Innovative Technologies

II

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 re-

ferred 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 Representa-1

tives of the United States of America in Congress assembled, 2

VerDate Sep 11 2014 23:16 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S383.RS S383pam

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SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Utilizing Significant 2

Emissions with Innovative Technologies Act’’ or the ‘‘USE 3

IT Act’’. 4

TITLE I—ENCOURAGING 5

PROJECTS TO REDUCE EMIS-6

SIONS 7

SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND 8

OTHER ACTIVITIES. 9

Section 103 of the Clean Air Act (42 U.S.C. 7403) 10

is amended— 11

(1) in subsection (c)(3), in the first sentence of 12

the matter preceding subparagraph (A), by striking 13

‘‘percursors’’ and inserting ‘‘precursors’’; and 14

(2) in subsection (g)— 15

(A) by redesignating paragraphs (1) 16

through (4) as subparagraphs (A) through (D), 17

respectively, and indenting appropriately; 18

(B) in the undesignated matter following 19

subparagraph (D) (as so redesignated)— 20

(i) in the second sentence, by striking 21

‘‘The Administrator’’ and inserting the fol-22

lowing: 23

‘‘(5) COORDINATION AND AVOIDANCE OF DU-24

PLICATION.—The Administrator’’; and 25


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(ii) in the first sentence, by striking 1

‘‘Nothing’’ and inserting the following: 2

‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 3

(C) in the matter preceding subparagraph 4

(A) (as so redesignated)— 5

(i) in the third sentence, by striking 6

‘‘Such program’’ and inserting the fol-7

lowing: 8

‘‘(3) PROGRAM INCLUSIONS.—The program 9

under this subsection’’; 10

(ii) in the second sentence— 11

(I) by inserting ‘‘States, institu-12

tions of higher education,’’ after ‘‘sci-13

entists,’’; and 14

(II) by striking ‘‘Such strategies 15

and technologies shall be developed’’ 16

and inserting the following: 17

‘‘(2) PARTICIPATION REQUIREMENT.—Such 18

strategies and technologies described in paragraph 19

(1) shall be developed’’; and 20

(iii) in the first sentence, by striking 21

‘‘In carrying out’’ and inserting the fol-22

lowing: 23

‘‘(1) IN GENERAL.—In carrying out’’; and 24

(D) by adding at the end the following: 25


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‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 1

‘‘(A) IN GENERAL.—In carrying out para-2

graph (3)(A) with respect to carbon dioxide, the 3

Administrator shall carry out the activities de-4

scribed in each of subparagraphs (B), (C), (D), 5

and (E). 6

‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 7

‘‘(i) DEFINITIONS.—In this subpara-8

graph: 9

‘‘(I) BOARD.—The term ‘Board’ 10

means the Direct Air Capture Tech-11

nology Advisory Board established by 12

clause (iii)(I). 13

‘‘(II) DILUTE.—The term ‘dilute’ 14

means a concentration of less than 1 15

percent by volume. 16

‘‘(III) DIRECT AIR CAPTURE.— 17

‘‘(aa) IN GENERAL.—The 18

term ‘direct air capture’, with re-19

spect to a facility, technology, or 20

system, means that the facility, 21

technology, or system uses car-22

bon capture equipment to cap-23

ture carbon dioxide directly from 24

the air. 25


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‘‘(bb) EXCLUSION.—The 1

term ‘direct air capture’ does not 2

include any facility, technology, 3

or system that captures carbon 4

dioxide— 5

‘‘(AA) that is delib-6

erately released from a natu-7

rally occurring subsurface 8

spring; or 9

‘‘(BB) using natural 10

photosynthesis. 11

‘‘(IV) INTELLECTUAL PROP-12

ERTY.—The term ‘intellectual prop-13

erty’ means— 14

‘‘(aa) an invention that is 15

patentable under title 35, United 16

States Code; and 17

‘‘(bb) any patent on an in-18

vention described in item (aa). 19

‘‘(ii) TECHNOLOGY PRIZES.— 20

‘‘(I) IN GENERAL.—Not later 21

than 1 year after the date of enact-22

ment of the USE IT Act, the Admin-23

istrator, in consultation with the Sec-24

retary of Energy, shall establish a 25


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program to provide, and shall provide, 1

financial awards on a competitive 2

basis for direct air capture from 3

media in which the concentration of 4

carbon dioxide is dilute. 5

‘‘(II) DUTIES.—In carrying out 6

this clause, the Administrator shall— 7

‘‘(aa) subject to subclause 8

(III), develop specific require-9

ments for— 10

‘‘(AA) the competition 11

process; and 12

‘‘(BB) the demonstra-13

tion of performance of ap-14

proved projects; 15

‘‘(bb) offer financial awards 16

for a project designed— 17

‘‘(AA) to the maximum 18

extent practicable, to cap-19

ture more than 10,000 tons 20

of carbon dioxide per year; 21

and 22

‘‘(BB) to operate in a 23

manner that would be com-24

mercially viable in the fore-25


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seeable future (as deter-1

mined by the Board); and 2

‘‘(cc) to the maximum ex-3

tent practicable, make financial 4

awards to geographically diverse 5

projects, including at least— 6

‘‘(AA) 1 project in a 7

coastal State; and 8

‘‘(BB) 1 project in a 9

rural State. 10

‘‘(III) PUBLIC PARTICIPATION.— 11

In carrying out subclause (II)(aa), the 12

Administrator shall— 13

‘‘(aa) provide notice of and, 14

for a period of not less than 60 15

days, an opportunity for public 16

comment on, any draft or pro-17

posed version of the requirements 18

described in subclause (II)(aa); 19

and 20

‘‘(bb) take into account pub-21

lic comments received in devel-22

oping the final version of those 23

requirements. 24


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‘‘(iii) DIRECT AIR CAPTURE TECH-1

NOLOGY ADVISORY BOARD.— 2

‘‘(I) ESTABLISHMENT.—There is 3

established an advisory board to be 4

known as the ‘Direct Air Capture 5

Technology Advisory Board’. 6

‘‘(II) COMPOSITION.—The Board 7

shall be composed of 9 members ap-8

pointed by the Administrator, who 9

shall provide expertise in— 10

‘‘(aa) climate science; 11

‘‘(bb) physics; 12

‘‘(cc) chemistry; 13

‘‘(dd) biology; 14

‘‘(ee) engineering; 15

‘‘(ff) economics; 16

‘‘(gg) business management; 17

and 18

‘‘(hh) such other disciplines 19

as the Administrator determines 20

to be necessary to achieve the 21

purposes of this subparagraph. 22

‘‘(III) TERM; VACANCIES.— 23


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‘‘(aa) TERM.—A member of 1

the Board shall serve for a term 2

of 6 years. 3

‘‘(bb) VACANCIES.—A va-4

cancy on the Board— 5

‘‘(AA) shall not affect 6

the powers of the Board; 7

and 8

‘‘(BB) shall be filled in 9

the same manner as the 10

original appointment was 11

made. 12

‘‘(IV) INITIAL MEETING.—Not 13

later than 30 days after the date on 14

which all members of the Board have 15

been appointed, the Board shall hold 16

the initial meeting of the Board. 17

‘‘(V) MEETINGS.—The Board 18

shall meet at the call of the Chair-19

person or on the request of the Ad-20

ministrator. 21

‘‘(VI) QUORUM.—A majority of 22

the members of the Board shall con-23

stitute a quorum, but a lesser number 24

of members may hold hearings. 25


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‘‘(VII) CHAIRPERSON AND VICE 1

CHAIRPERSON.—The Board shall se-2

lect a Chairperson and Vice Chair-3

person from among the members of 4

the Board. 5

‘‘(VIII) COMPENSATION.—Each 6

member of the Board may be com-7

pensated at not to exceed the daily 8

equivalent of the annual rate of basic 9

pay in effect for a position at level V 10

of the Executive Schedule under sec-11

tion 5316 of title 5, United States 12

Code, for each day during which the 13

member is engaged in the actual per-14

formance of the duties of the Board. 15

‘‘(IX) DUTIES.—The Board shall 16

advise the Administrator on carrying 17

out the duties of the Administrator 18

under this subparagraph. 19

‘‘(X) FACA.—The Federal Advi-20

sory Committee Act (5 U.S.C. App.) 21

shall apply to the Board. 22

‘‘(iv) INTELLECTUAL PROPERTY.— 23

‘‘(I) IN GENERAL.—As a condi-24

tion of receiving a financial award 25


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under this subparagraph, an applicant 1

shall agree to vest the intellectual 2

property of the applicant derived from 3

the technology in 1 or more entities 4

that are incorporated in the United 5

States. 6

‘‘(II) RESERVATION OF LI-7

CENSE.—The United States— 8

‘‘(aa) may reserve a non-9

exclusive, nontransferable, irrev-10

ocable, paid-up license, to have 11

practiced for or on behalf of the 12

United States, in connection with 13

any intellectual property de-14

scribed in subclause (I); but 15

‘‘(bb) shall not, in the exer-16

cise of a license reserved under 17

item (aa), publicly disclose pro-18

prietary information relating to 19

the license. 20

‘‘(III) TRANSFER OF TITLE.— 21

Title to any intellectual property de-22

scribed in subclause (I) shall not be 23

transferred or passed, except to an 24

entity that is incorporated in the 25


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United States, until the expiration of 1

the first patent obtained in connection 2

with the intellectual property. 3

‘‘(v) AUTHORIZATION OF APPROPRIA-4

TIONS.—There is authorized to be appro-5

priated to carry out this subparagraph 6

$35,000,000, to remain available until ex-7

pended. 8

‘‘(vi) TERMINATION OF AUTHORITY.— 9

The Board and all authority provided 10

under this subparagraph shall terminate 11

not later than 10 years after the date of 12

enactment of the USE IT Act. 13

‘‘(C) CARBON DIOXIDE UTILIZATION RE-14

SEARCH.— 15

‘‘(i) DEFINITION OF CARBON DIOXIDE 16

UTILIZATION.—In this subparagraph, the 17

term ‘carbon dioxide utilization’ refers to 18

technologies or approaches that lead to the 19

use of carbon dioxide— 20

‘‘(I) through the fixation of car-21

bon dioxide through photosynthesis or 22

chemosynthesis, such as through the 23

growing of algae or bacteria; 24


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‘‘(II) through the chemical con-1

version of carbon dioxide to a material 2

or chemical compound in which the 3

carbon dioxide is securely stored; or 4

‘‘(III) through the use of carbon 5

dioxide for any other purpose for 6

which a commercial market exists, as 7

determined by the Administrator. 8

‘‘(ii) PROGRAM.—The Administrator, 9

in consultation with the Secretary of En-10

ergy, shall carry out a research and devel-11

opment program for carbon dioxide utiliza-12

tion to promote existing and new tech-13

nologies that transform carbon dioxide 14

generated by industrial processes into a 15

product of commercial value, or as an 16

input to products of commercial value. 17

‘‘(iii) TECHNICAL AND FINANCIAL AS-18

SISTANCE.—Not later than 2 years after 19

the date of enactment of the USE IT Act, 20

in carrying out this subsection, the Admin-21

istrator, in consultation with the Secretary 22

of Energy, shall support research and in-23

frastructure activities relating to carbon 24

dioxide utilization by providing technical 25


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assistance and financial assistance in ac-1

cordance with clause (iv). 2

‘‘(iv) ELIGIBILITY.—To be eligible to 3

receive technical assistance and financial 4

assistance under clause (iii), a carbon diox-5

ide utilization project shall— 6

‘‘(I) have access to an emissions 7

stream generated by a stationary 8

source within the United States that 9

is capable of supplying not less than 10

250 metric tons per day of carbon di-11

oxide for research; 12

‘‘(II) have access to adequate 13

space for a laboratory and equipment 14

for testing small-scale carbon dioxide 15

utilization technologies, with onsite 16

access to larger test bays for scale-up; 17

and 18

‘‘(III) have existing partnerships 19

with institutions of higher education, 20

private companies, States, or other 21

government entities. 22

‘‘(v) COORDINATION.—In supporting 23

carbon dioxide utilization projects under 24

this paragraph, the Administrator shall 25


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consult with the Secretary of Energy, and, 1

as appropriate, with the head of any other 2

relevant Federal agency, States, the pri-3

vate sector, and institutions of higher edu-4

cation to develop methods and technologies 5

to account for the carbon dioxide emissions 6

avoided by the carbon dioxide utilization 7

projects. 8

‘‘(vi) AUTHORIZATION OF APPROPRIA-9

TIONS.—There is authorized to be appro-10

priated to carry out this subparagraph 11

$50,000,000, to remain available until ex-12

pended. 13

‘‘(D) DEEP SALINE FORMATION RE-14

PORT.— 15

‘‘(i) DEFINITION OF DEEP SALINE 16

FORMATION.— 17

‘‘(I) IN GENERAL.—In this sub-18

paragraph, the term ‘deep saline for-19

mation’ means a formation of sub-20

surface geographically extensive sedi-21

mentary rock layers saturated with 22

waters or brines that have a high total 23

dissolved solids content and that are 24

below the depth where carbon dioxide 25


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can exist in the formation as a super-1

critical fluid. 2

‘‘(II) CLARIFICATION.—In this 3

subparagraph, the term ‘deep saline 4

formation’ does not include oil and 5

gas reservoirs. 6

‘‘(ii) REPORT.—In consultation with 7

the Secretary of Energy, and, as appro-8

priate, with the head of any other relevant 9

Federal agency and relevant stakeholders, 10

not later than 1 year after the date of en-11

actment of the USE IT Act, the Adminis-12

trator shall prepare, submit to Congress, 13

and make publicly available a report that 14

includes— 15

‘‘(I) a comprehensive identifica-16

tion of potential risks and benefits to 17

project developers associated with in-18

creased storage of carbon dioxide cap-19

tured from stationary sources in deep 20

saline formations, using existing re-21

search; 22

‘‘(II) recommendations for man-23

aging the potential risks identified 24


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under subclause (I), including poten-1

tial risks unique to public land; and 2

‘‘(III) recommendations for Fed-3

eral legislation or other policy changes 4

to mitigate any potential risks identi-5

fied under subclause (I). 6

‘‘(E) REPORT ON CARBON DIOXIDE NON-7

REGULATORY STRATEGIES AND TECH-8

NOLOGIES.— 9

‘‘(i) IN GENERAL.—Not less fre-10

quently than once every 2 years, the Ad-11

ministrator shall submit to the Committee 12

on Environment and Public Works of the 13

Senate and the Committee on Energy and 14

Commerce of the House of Representatives 15

a report that describes— 16

‘‘(I) the recipients of assistance 17

under subparagraphs (B) and (C); 18

and 19

‘‘(II) a plan for supporting addi-20

tional nonregulatory strategies and 21

technologies that could significantly 22

prevent carbon dioxide emissions or 23

reduce carbon dioxide levels in the air, 24


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in conjunction with other Federal 1

agencies. 2

‘‘(ii) INCLUSIONS.—The plan sub-3

mitted under clause (i) shall include— 4

‘‘(I) a methodology for evaluating 5

and ranking technologies based on the 6

ability of the technologies to cost ef-7

fectively reduce carbon dioxide emis-8

sions or carbon dioxide levels in the 9

air; and 10

‘‘(II) a description of any nonair- 11

related environmental or energy con-12

siderations regarding the technologies. 13

‘‘(F) GAO REPORT.—The Comptroller 14

General of the United States shall submit to 15

Congress a report that— 16

‘‘(i) identifies all Federal grant pro-17

grams in which a purpose of a grant under 18

the program is to perform research on car-19

bon capture and utilization technologies, 20

including direct air capture technologies; 21

and 22

‘‘(ii) examines the extent to which the 23

Federal grant programs identified pursu-24


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ant to clause (i) overlap or are duplica-1

tive.’’. 2

TITLE II—IMPROVEMENT OF 3

PERMITTING PROCESS FOR 4

CARBON DIOXIDE CAPTURE 5

AND INFRASTRUCTURE 6

PROJECTS 7

SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC-8

TURE PROJECTS. 9

Section 41001(6) of the FAST Act (42 U.S.C. 10

4370m(6)) is amended— 11

(1) in subparagraph (A)— 12

(A) in the matter preceding clause (i), by 13

inserting ‘‘carbon capture,’’ after ‘‘manufac-14

turing,’’; 15

(B) in clause (i)(III), by striking ‘‘or’’ at 16

the end; 17

(C) by redesignating clause (ii) as clause 18

(iii); and 19

(D) by inserting after clause (i) the fol-20

lowing: 21

‘‘(ii) is covered by a programmatic 22

plan or environmental review developed for 23

the primary purpose of facilitating develop-24

ment of carbon dioxide pipelines; or’’; and 25


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(2) by adding at the end the following: 1

‘‘(C) INCLUSION.—For purposes of sub-2

paragraph (A), construction of infrastructure 3

for carbon capture includes construction of— 4

‘‘(i) any facility, technology, or system 5

that captures, utilizes, or sequesters car-6

bon dioxide emissions, including projects 7

for direct air capture (as defined in para-8

graph (6)(B)(i) of section 103(g) of the 9

Clean Air Act (42 U.S.C. 7403(g)); and 10

‘‘(ii) carbon dioxide pipelines.’’. 11

SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA-12

TION, AND SEQUESTRATION REPORT, PER-13

MITTING GUIDANCE, AND REGIONAL PERMIT-14

TING TASK FORCE. 15

(a) DEFINITIONS.—In this section: 16

(1) CARBON CAPTURE, UTILIZATION, AND SE-17

QUESTRATION PROJECTS.—The term ‘‘carbon cap-18

ture, utilization, and sequestration projects’’ includes 19

projects for direct air capture (as defined in para-20

graph (6)(B)(i) of section 103(g) of the Clean Air 21

Act (42 U.S.C. 7403(g))). 22

(2) EFFICIENT, ORDERLY, AND RESPON-23

SIBLE.—The term ‘‘efficient, orderly, and respon-24

sible’’ means, with respect to development or the 25


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permitting process for carbon capture, utilization, 1

and sequestration projects and carbon dioxide pipe-2

lines, a process that is completed in an expeditious 3

manner while maintaining environmental, health, 4

and safety protections. 5

(b) REPORT.— 6

(1) IN GENERAL.—Not later than 180 days 7

after the date of enactment of this Act, the Chair of 8

the Council on Environmental Quality (referred to in 9

this section as the ‘‘Chair’’), in consultation with the 10

Administrator of the Environmental Protection 11

Agency, the Secretary of Energy, the Secretary of 12

the Interior, the Executive Director of the Federal 13

Permitting Improvement Council, and the head of 14

any other relevant Federal agency (as determined by 15

the President), shall prepare a report that— 16

(A) compiles all existing relevant Federal 17

permitting and review information and re-18

sources for project applicants, agencies, and 19

other stakeholders interested in the deployment 20

of carbon capture, utilization, and sequestration 21

projects and carbon dioxide pipelines, includ-22

ing— 23

(i) the appropriate points of inter-24

action with Federal agencies; 25


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(ii) clarification of the permitting re-1

sponsibilities and authorities among Fed-2

eral agencies; and 3

(iii) best practices and templates for 4

permitting; 5

(B) inventories current or emerging activi-6

ties that transform captured carbon dioxide into 7

a product of commercial value, or as an input 8

to products of commercial value; 9

(C) inventories existing initiatives and re-10

cent publications that analyze or identify pri-11

ority carbon dioxide pipelines needed to enable 12

efficient, orderly, and responsible development 13

of carbon capture, utilization, and sequestration 14

projects at increased scale; 15

(D) identifies gaps in the current Federal 16

regulatory framework for the deployment of 17

carbon capture, utilization, and sequestration 18

projects and carbon dioxide pipelines; and 19

(E) identifies Federal financing mecha-20

nisms available to project developers. 21

(2) SUBMISSION; PUBLICATION.—The Chair 22

shall— 23

(A) submit the report under paragraph (1) 24

to the Committee on Environment and Public 25


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Works of the Senate and the Committee on En-1

ergy and Commerce of the House of Represent-2

atives; and 3

(B) as soon as practicable, make the report 4

publicly available. 5

(c) GUIDANCE.— 6

(1) IN GENERAL.—After submission of the re-7

port under subsection (b)(2), but not later than 1 8

year after the date of enactment of this Act, the 9

Chair shall submit guidance consistent with that re-10

port to all relevant Federal agencies that— 11

(A) facilitates reviews associated with the 12

deployment of carbon capture, utilization, and 13

sequestration projects and carbon dioxide pipe-14

lines; and 15

(B) supports the efficient, orderly, and re-16

sponsible development of carbon capture, utili-17

zation, and sequestration projects and carbon 18

dioxide pipelines. 19

(2) REQUIREMENTS.— 20

(A) IN GENERAL.—The guidance under 21

paragraph (1) shall address requirements 22

under— 23

(i) the National Environmental Policy 24

Act of 1969 (42 U.S.C. 4321 et seq.); 25


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(ii) the Federal Water Pollution Con-1

trol Act (33 U.S.C. 1251 et seq.); 2

(iii) the Clean Air Act (42 U.S.C. 3

7401 et seq.); 4

(iv) the Safe Drinking Water Act (42 5

U.S.C. 300f et seq.); 6

(v) the Endangered Species Act of 7

1973 (16 U.S.C. 1531 et seq.); 8

(vi) division A of subtitle III of title 9

54, United States Code (formerly known 10

as the ‘‘National Historic Preservation 11

Act’’); 12

(vii) the Migratory Bird Treaty Act 13

(16 U.S.C. 703 et seq.); 14

(viii) the Act of June 8, 1940 (16 15

U.S.C. 668 et seq.) (commonly known as 16

the ‘‘Bald and Golden Eagle Protection 17

Act’’); and 18

(ix) any other Federal law that the 19

Chair determines to be appropriate. 20

(B) ENVIRONMENTAL REVIEWS.—The 21

guidance under paragraph (1) shall include di-22

rection to States and other interested parties 23

for the development of programmatic environ-24

mental reviews under the National Environ-25


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mental Policy Act of 1969 (42 U.S.C. 4321 et 1

seq.) for carbon capture, utilization, and se-2

questration projects and carbon dioxide pipe-3

lines. 4

(C) PUBLIC INVOLVEMENT.—The guidance 5

under paragraph (1) shall be subject to the 6

public notice, comment, and solicitation of in-7

formation procedures under section 1506.6 of 8

title 40, Code of Federal Regulations (or a suc-9

cessor regulation). 10

(3) SUBMISSION; PUBLICATION.—The Chair 11

shall— 12

(A) submit the guidance under paragraph 13

(1) to the Committee on Environment and Pub-14

lic Works of the Senate and the Committee on 15

Energy and Commerce of the House of Rep-16

resentatives; and 17

(B) as soon as practicable, make the guid-18

ance publicly available. 19

(4) EVALUATION.—The Chair shall— 20

(A) periodically evaluate the reports of the 21

task forces under subsection (d)(5) and, as nec-22

essary, revise the guidance under paragraph 23

(1); and 24


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(B) each year, submit to the Committee on 1

Environment and Public Works of the Senate, 2

the Committee on Energy and Commerce of the 3

House of Representatives, and relevant Federal 4

agencies a report that describes any rec-5

ommendations for legislation, rules, revisions to 6

rules, or other policies that would address the 7

issues identified by the task forces under sub-8

section (d)(5). 9

(d) TASK FORCE.— 10

(1) ESTABLISHMENT.—Not later than 18 11

months after the date of enactment of this Act, the 12

Chair shall establish not less than 2 task forces, 13

which shall each cover a different geographical area 14

with differing demographic, land use, or geological 15

issues— 16

(A) to identify permitting and other chal-17

lenges and successes that permitting authorities 18

and project developers and operators face; and 19

(B) to improve the performance of the per-20

mitting process and regional coordination for 21

the purpose of promoting the efficient, orderly, 22

and responsible development of carbon capture, 23

utilization, and sequestration projects and car-24

bon dioxide pipelines. 25


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(2) MEMBERS AND SELECTION.— 1

(A) IN GENERAL.—The Chair shall— 2

(i) develop criteria for the selection of 3

members to each task force; and 4

(ii) select members for each task force 5

in accordance with clause (i) and subpara-6

graph (B). 7

(B) MEMBERS.—Each task force— 8

(i) shall include not less than 1 rep-9

resentative of each of— 10

(I) the Environmental Protection 11

Agency; 12

(II) the Department of Energy; 13

(III) the Department of the Inte-14

rior; 15

(IV) any other Federal agency 16

the Chair determines to be appro-17

priate; 18

(V) any State that requests par-19

ticipation in the geographical area 20

covered by the task force; 21

(VI) developers or operators of 22

carbon capture, utilization, and se-23

questration projects or carbon dioxide 24

pipelines; and 25


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•S 383 RS

(VII) nongovernmental member-1

ship organizations, the primary mis-2

sion of which concerns protection of 3

the environment; and 4

(ii) at the request of a Tribal or local 5

government, may include a representative 6

of— 7

(I) not less than 1 local govern-8

ment in the geographical area covered 9

by the task force; and 10

(II) not less than 1 Tribal gov-11

ernment in the geographical area cov-12

ered by the task force. 13

(3) MEETINGS.— 14

(A) IN GENERAL.—Each task force shall 15

meet not less than twice each year. 16

(B) JOINT MEETING.—To the maximum 17

extent practicable, the task forces shall meet 18

collectively not less than once each year. 19

(4) DUTIES.—Each task force shall— 20

(A) inventory existing or potential Federal 21

and State approaches to facilitate reviews asso-22

ciated with the deployment of carbon capture, 23

utilization, and sequestration projects and car-24


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•S 383 RS

bon dioxide pipelines, including best practices 1

that— 2

(i) avoid duplicative reviews; 3

(ii) engage stakeholders early in the 4

permitting process; and 5

(iii) make the permitting process effi-6

cient, orderly, and responsible; 7

(B) develop common models for State-level 8

carbon dioxide pipeline regulation and oversight 9

guidelines that can be shared with States in the 10

geographical area covered by the task force; 11

(C) provide technical assistance to States 12

in the geographical area covered by the task 13

force in implementing regulatory requirements 14

and any models developed under subparagraph 15

(B); 16

(D) inventory current or emerging activi-17

ties that transform captured carbon dioxide into 18

a product of commercial value, or as an input 19

to products of commercial value; 20

(E) identify any priority carbon dioxide 21

pipelines needed to enable efficient, orderly, and 22

responsible development of carbon capture, uti-23

lization, and sequestration projects at increased 24

scale; 25


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(F) identify gaps in the current Federal 1

and State regulatory framework and in existing 2

data for the deployment of carbon capture, uti-3

lization, and sequestration projects and carbon 4

dioxide pipelines; 5

(G) identify Federal and State financing 6

mechanisms available to project developers; and 7

(H) develop recommendations for relevant 8

Federal agencies on how to develop and re-9

search technologies that— 10

(i) can capture carbon dioxide; and 11

(ii) would be able to be deployed with-12

in the region covered by the task force, in-13

cluding any projects that have received 14

technical or financial assistance for re-15

search under paragraph (6) of section 16

103(g) of the Clean Air Act (42 U.S.C. 17

7403(g)). 18

(5) REPORT.—Each year, each task force shall 19

prepare and submit to the Chair and to the other 20

task forces a report that includes— 21

(A) any recommendations for improve-22

ments in efficient, orderly, and responsible 23

issuance or administration of Federal permits 24

and other Federal authorizations required 25


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•S 383 RS

under a law described in subsection (c)(2)(A); 1

and 2

(B) any other nationally relevant informa-3

tion that the task force has collected in carrying 4

out the duties under paragraph (4). 5

(6) EVALUATION.—Not later than 5 years after 6

the date of enactment of this Act, the Chair shall— 7

(A) reevaluate the need for the task forces; 8

and 9

(B) submit to Congress a recommendation 10

as to whether the task forces should continue. 11


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Calendar N

o. 70

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Documents

Calendar No. 70 TH ST CONGRESS SESSION S. 383 · •S 383 RS 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Utilizing Significant 3 Emissions with Innovative Technologies