,,ii #aacth ,,congress #b;d ,session ,s4 #baeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjad,ms4 ,heitkamp introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to direct ,federal investment in carbon capture and storage and other clean coal technologies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,advanced ,clean ,coal ,technology ,investment in ,our ,nation ,act of #bjad or the ,,acction ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,,title ,i--,federal investment in clean coal technologies ,sec4 #aja4 ,large-scale carbon storage program4 ,sec4 #ajb4 ,research1 development and demonstration programs4 ,sec4 #ajc4 ,innovative technology loan guarantee program4 ,sec4 #ajd4 ,coordination of clean coal generating projects4 ,,title ,,ii--,federal incentives for private investment in clean coal technologies ,sec4 #bja4 ,seven-year amortization for certain systems installed on coal-fired electric generation units4 ,sec4 #bjb4 ,credit for carbon sequestration from coal facilities4 ,sec4 #bjc4 ,variable price support for carbon dioxide sequestration4 ,sec4 #bjd4 ,clean energy coal bonds4 ,,title ,,iii--,reports required ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,reports to ,congress4 #b4 ,findings ,congress finds that-- 7#a7 the ,president believes that the ,united ,states energy policy must have an all-of-the-above strategy for the #bast century that develops every source of ,american-made energy2 7#b7 according to the ,energy ,information ,administration1 #cg percent of all energy generated in the ,united ,states comes from coal and by #bjdj1 coal will still account for #cb percent of energy generation in the ,united ,states2 7#c7 the ,united ,states has enough recoverable coal reserves to last at least another #bej years2 7#d7 as the world becomes increasingly carbon constrained1 coal-fired power plants must increasingly be integrated with carbon capture and storage systems2 7#e7 efficiency improvements to the coal fleet will decrease carbon emissions and use less coal while providing the same power2 7#f7 the potential to increase efficiency is evident in the current fleet of power plants in the ,united ,states1 as the top #aj percent of coal plants have efficiencies as high as #cg percent while the average plant has an efficiency of #cb percent2 7#g7 efficiencies as high as #dh percent may be attained with ultrasupercritical coal-fired power plants2 7#h7 replacing the average subcritical coal-fired power plant with a supercritical or ultrasupercritical coal-fired power plant would reduce carbon emissions by #ah to #bb percent per megawatt hour of energy generated2 and 7#i7 the coal industry is a significant source of jobs in the ,united ,states as in #bjab alone1 coal was responsible for #acg1fej jobs for coal miners1 #ib1dgb jobs for operator employees1 and #de1agh jobs for contractors4 ,i ,federal investment in clean coal technologies #aja4 ,large-scale carbon storage program 7a7 ,in general ,subtitle ,f of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia et seq47 is amended by inserting after section #ifc 7#db ,u4,s4,c4 #afbic7 the following3 #ifc;,a4 ,large-scale carbon storage program 7a7 ,definitions ,in this section3 7#a7 ,industrial source ,the term industrial source means any source of carbon dioxide that is not naturally occurring4 7#b7 ,large-scale ,the term large-scale means the injection from industrial sources into a geological formation of-- 7,a7 over #a1jjj1jjj tons of carbon dioxide each year2 or 7,b7 carbon dioxide to a scale that demonstrates the ability to inject and sequester several million metric tons of industrial source carbon dioxide for a large number of years4 7#c7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service71 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary of the ,interior1 with respect to land managed by the ,bureau of ,land ,management 7including land held for the benefit of an ,indian tribe74 7b7 ,program ,the ,secretary shall carry out a program to demonstrate the integration of systems for the capture1 transportation1 and injection of carbon dioxide from industrial sources1 either for the purpose of long-term geological storage or enhanced oil recovery at a commercial scale4 7c7 ,authorized assistance 7#a7 ,in general ,in carrying out the program1 the ,secretary may enter into cooperative agreements to provide financial and technical assistance to up to #aj large-scale geological storage or enhanced oil recovery projects4 7#b7 ,limitation ,not fewer than #c of the #aj projects selected shall be large-scale projects that undertake site characterization and permitting to qualify the projects as ready for long-term saline storage sites4 7d7 ,project selection ,the ,secretary shall competitively select recipients of cooperative agreements under this section from among applicants that-- 7#a7 provide the ,secretary with sufficient geological site information 7including hydrogeological and geophysical information7 to establish that the proposed geological formation is capable of use for enhanced oil recovery and1 in the case of geological storage1 is capable of long-term storage of the injected carbon dioxide1 including-- 7,a7 the location1 extent1 and storage capacity of the geological storage unit at the site into which the carbon dioxide will be injected2 7,b7 the principal potential modes of geomechanical failure in the geological storage unit2 7,c7 the ability of the geological storage unit to retain injected carbon dioxide2 7,d7 the measurement1 monitoring1 and verification requirements necessary to ensure adequate information on the operation of the geological storage unit during and after the injection of carbon dioxide2 and 7,e7 a study and report on the rate of injection of carbon dioxide from power plants 7based on operating the plant on a #bd-;hours-a-day1 #g-;days-a-week1 and #cfe-;days-a-year basis over several decades7 necessary to avoid-- 7i7 imbalances of carbon dioxide2 and 7ii7 making the proposed geological formation of the site into which the carbon dioxide will be injected unusable1 unstable1 or such that there would be forced stoppages of injection2 7#b7 have legal authority to use the land or interests in land necessary for-- 7,a7 the injection of the carbon dioxide at the proposed geological storage unit or enhanced oil recovery site2 and 7,b7 the storage1 closure1 monitoring1 and long-term stewardship of the geological storage unit for geological storage of carbon dioxide2 and 7#c7 sequester not fewer than #ejj1jjj metric tons of carbon dioxide in #a contiguous geographic and geologic formation4 7e7 ,terms and conditions ,the ,secretary shall condition receipt of financial assistance pursuant to a cooperative agreement under this section on the recipient agreeing-- 7#a7 to comply with all applicable ,federal and ,state laws 7including regulations71 including-- 7,a7 the requirements of the underground injection control program under part ,c of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h et seq47 7referred to in this section as the ,,uic program72 and 7,b7 any other ,federal and ,state requirements to protect drinking water supplies2 and 7#b7 in the case of industrial sources subject to the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 to inject only carbon dioxide captured from industrial sources in compliance with that ,act4 7f7 ,indemnification agreements for geological storage 7#a7 ,definition of liability ,in this subsection1 the term liability means any legal liability for-- 7,a7 bodily injury1 sickness1 disease1 or death2 7,b7 loss of or damage to property1 or loss of use of property2 or 7,c7 injury to or destruction or loss of natural resources1 including fish1 wildlife1 and drinking water supplies4 7#b7 ,agreements ,not later than #a year after the date of the receipt by the ,secretary of a completed application for assistance authorized under subsection 7c71 the ,secretary may agree to indemnify and hold harmless the recipient of a cooperative agreement under this section from liability arising out of or resulting from a demonstration project in excess of the amount of liability covered by financial protection maintained by the recipient in accordance with the requirements of the ,,uic program4 7#c7 ,exception for gross negligence and intentional misconduct ,notwithstanding paragraph 7#a71 the ,secretary may not indemnify the recipient of a cooperative agreement under this section from liability arising out of conduct of a recipient that is grossly negligent or that constitutes intentional misconduct4 7#d7 ,collection of fees 7,a7 ,in general ,the ,secretary shall collect a fee from any person with whom an agreement for indemnification is executed under this subsection in an amount that is equal to the net present value of payments made by the ,united ,states to cover liability under the indemnification agreement4 7,b7 ,amount ,the ,secretary shall establish1 by regulation1 criteria for determining the amount of the fee1 taking into account-- 7i7 the likelihood of an incident resulting in liability to the ,united ,states under the indemnification agreement2 and 7ii7 other factors pertaining to the hazard of the indemnified project4 7,c7 ,use of fees ,fees collected under this paragraph shall be deposited in the ,treasury and credited to miscellaneous receipts4 7#e7 ,contracts in advance of appropriations 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may enter into agreements of indemnification under this subsection in advance of appropriations and incur obligations without regard to section #acda of title #ca1 ,united ,states ,code 7commonly known as the ,anti-,deficiency ,act71 or section #aa of title #da1 ,united ,states ,code 7commonly known as the ,adequacy of ,appropriations ,act74 7,b7 ,limitation ,the amount of indemnification under this subsection shall not exceed #aj1jjj1jjj1jjj 7adjusted not less than once during each #e-year period following the date of enactment of this section1 in accordance with the aggregate percentage change in the ,consumer ,price ,index since the previous adjustment under this subparagraph71 in the aggregate1 for all persons indemnified in connection with an agreement and for each project1 including such legal costs as are approved by the ,secretary4 7#f7 ,conditions of agreements of indemnification 7,a7 ,in general ,the agreement shall provide that1 if the ,secretary makes a determination that there is a substantial likelihood that the ,united ,states will be required to make indemnity payments under the agreement1 the ,attorney ,general-- 7i7 shall collaborate with the recipient of an award under this subsection2 and 7ii7 may-- 7,i7 approve the payment of any claim under the agreement of indemnification2 7,,ii7 appear on behalf of the recipient2 7,,iii7 take charge of an action2 and 7,,iv7 settle or defend an action4 7,b7 ,settlement of claims 7i7 ,in general ,the ,attorney ,general shall have final authority on behalf of the ,united ,states to settle or approve the settlement of any claim under this subsection on a fair and reasonable basis with due regard for the purposes of this subsection4 7ii7 ,expenses ,the settlement shall not include expenses in connection with the claim incurred by the recipient4 7g7 ,federal land 7#a7 ,in general ,the ,secretary concerned may authorize the siting of a project on ,federal land under the jurisdiction of the ,secretary concerned in a manner consistent with applicable laws and land management plans and subject to such terms and conditions as the ,secretary concerned determines to be necessary4 7#b7 ,framework for geological carbon sequestration on public land ,in determining whether to authorize a project on ,federal land1 the ,secretary concerned shall take into account the framework for geological carbon sequestration on public land prepared in accordance with section #gad of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #agae74 7h7 ,acceptance of title and long-,term monitoring 7#a7 ,in general ,as a condition of a cooperative agreement under this section1 the ,secretary may accept title to1 or transfer of administrative jurisdiction from another ,federal agency over1 any land or interest in land necessary for the monitoring1 remediation1 or long-term stewardship of a project site4 7#b7 ,long-term monitoring activities for geological storage ,after accepting title to1 or transfer of1 a site closed in accordance with this section1 the ,secretary shall monitor the site and conduct any remediation activities to ensure the geological integrity of the site and prevent any endangerment of public health or safety4 7#c7 ,funding ,there is appropriated to the ,secretary1 out of funds of the ,treasury not otherwise appropriated1 such sums as are necessary to carry out paragraph 7#b74 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as are necessary4 4 #ajb4 ,research1 development and demonstration programs 7a7 ,in general ,section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ab7 specific additional programs to address water use and reuse2 7#ac7 the testing1 including the construction of testing facilities1 for high temperature materials for use in advanced systems for combustion or use of coal2 and 7#ad7 innovations to application of existing coal conversion systems designed to increase efficiency of conversion1 flexibility of operation1 and other modifications to address existing usage requirements4 2 7#b7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,transformational coal technology program 7#a7 ,in general ,as part of the program established under subsection 7a71 the ,secretary may carry out a program designed to undertake research1 development1 and demonstration of technologies1 including the accelerated development of-- 7,a7 chemical looping technology2 7,b7 supercritical carbon dioxide power generation cycles2 7,c7 pressurized oxycombustion1 including new and retrofit technologies2 and 7,d7 other technologies that are characterized by the use of-- 7i7 alternative energy cycles2 7ii7 thermionic devices using waste heat2 7iii7 fuel cells2 7iv7 replacement of chemical processes with biotechnology2 7v7 nanotechnology2 7vi7 new materials in applications 7other than extending cycles to higher temperature and pressure71 such as membranes or ceramics2 7vii7 carbon utilization 7other than enhanced oil recovery71 such as construction materials1 using low quality energy to reconvert back to a fuel1 or manufactured food2 7viii7 advanced gas separation concepts2 and 7ix7 other technologies1 including-- 7,i7 modular1 manufactured components2 and 7,,ii7 innovative production or research techniques1 such as using #c-;,d printer systems1 for the production of early research and development prototypes4 7#b7 ,cost share ,in carrying out the program described in paragraph 7#a71 the ,secretary may enter into partnerships with private entities to share the costs of carrying out the program4 2 and 7#d7 in subsection 7c7 7as so redesignated7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in carrying out programs authorized by this section1 during each of calendar years #bjae1 #bjag1 #bjbj1 and annually thereafter1 the ,secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity1 chemical feedstocks1 transportation fuels1 and other marketable products4 2 and 7,b7 in paragraph 7#b71 by striking date of enactment of this ,act each place it appears and inserting date of enactment of the ,advanced ,clean ,coal ,technology ,investment in ,our ,nation ,act of #bjad4 7b7 ,advisory committee2 authorization of appropriations ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended-- 7#a7 in subsection 7c71 by striking paragraph 7#f7 and inserting the following3 7#f7 ,advisory committee 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall establish an advisory committee-- 7i7 to undertake1 not less frequently than once every #c years1 a review and prepare a report on the progress being made by the ,department of ,energy to achieve the goals described in subsections 7a7 and 7b7 of section #ifb and subsection 7b7 of this section2 and 7ii7 to assess and provide recommendations on how the capture of carbon from other fossil fuels could be supported through the objectives described in subsection 7b74 7,b7 ,membership requirements ,members of the advisory committee under subparagraph 7,a7 shall be appointed by the ,president4 2 and 7#b7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out section #ifb and this section-- 7#a7 #a1fed1jjj1jjj for fiscal years #bjae through #bjah2 7#b7 #e1bhc1jjj1jjj for fiscal years #bjai through #bjbe2 and 7#c7 #c1cjj1jjj1jjj for fiscal years #bjbf through #bjce4 4 7c7 ,cost sharing reduction ,section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,reduction ,the ,secretary shall reduce or eliminate the requirement of paragraph 7#a7 for a research and development activity of an applied nature if the ,secretary-- 7,a7 is petitioned for a reduction by a non-,federal source2 and 7,b7 determines that the reduction is necessary and appropriate to achieve the purposes and goals of-- 7i7 this ,act2 and 7ii7 the program or activity for which the research or development activity is being undertaken4 4 #ajc4 ,innovative technology loan guarantee program 7a7 ,in general ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended by adding at the end the following3 7f7 ,other forms of ,federal support allowed ,an eligible project that is eligible for or in receipt of other forms of ,federal financial assistance shall not be precluded from receiving a loan guarantee made pursuant to this section4 7g7 ,timeline for loan guarantee approval for certain projects ,notwithstanding any other provision of law1 not later than #b years after the date of enactment of the ,advanced ,clean ,coal ,technology ,investment in ,our ,nation ,act of #bjad1 the ,secretary shall-- 7#a7 give final approval to applications for loan guarantees under subsection 7a7 for projects described in subsection 7b77#b72 and 7#b7 make loans for those projects in amounts equal to #b1jjj1jjj1jjj4 4 7b7 ,conforming amendments 7#a7 ,title ,,iii of division ,c of the ,omnibus ,appropriations ,act1 #bjji 7,public ,law #aaa-h2 #abc ,stat4 #fai7 is amended in the matter under the heading ,title #ag innovative technology loan guarantee program1 by striking the seventh1 eighth1 and ninth provisos4 7#b7 ,the ,supplemental ,appropriations ,act1 #bjji 7,public ,law #aaa-cb7 is amended by striking section #djh 7#abc ,stat4 #ahgh74 #ajd4 ,coordination of clean coal generating projects 7a7 ,definitions ,in this section1 the term eligible clean coal generating projects means any project undertaken to install and operate an advanced carbon capture and storage technology at a new or existing steam generating unit4 7b7 ,lead agency ,the ,department of ,energy shall be the lead agency for the purposes of coordinating all requirements under ,federal law with respect to eligible clean coal generating projects1 including any requirements of-- 7#a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7#b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#c7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7#d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#e7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7c7 ,schedule ,in carrying out subsection 7b71 the ,secretary of ,energy shall establish a schedule for all ,federal authorizations with respect to each eligible project1 including by-- 7#a7 setting binding intermediate milestones and deadlines to ensure expeditious completion of all proceedings and final action on all ,federal authorizations relating to the eligible project2 7#b7 requiring that all permit decisions and related environmental reviews under applicable ,federal law shall be completed not later than #a year after the date on which a complete application for each environmental review is submitted1 or as soon as practicable thereafter2 and 7#c7 coordinating1 to the maximum extent practicable1 any ,state permitting and environmental requirements4 7d7 ,memoranda of understanding ,to streamline and expedite review of ,federal authorizations for eligible clean coal generating projects1 the ,secretary of ,energy shall-- 7#a7 enter into memoranda of understanding with applicable ,federal agencies2 7#b7 facilitate a pre-application review process with applicable ,federal agencies2 and 7#c7 consolidate all environmental reviews of the eligible clean coal generating project into a single environmental review document4 7e7 ,judicial review ,with respect to an application for ,federal authorization relating to an eligible clean coal generating project1 the applicable ,federal circuit court may review and remedy-- 7#a7 any failure by a ,federal agency to complete action on the application by the date that is #a year after the date on which the complete application was submitted to the agency2 and 7#b7 any issuance of an action or order by a ,federal agency with respect to the application that is inconsistent with applicable ,federal law4 ,,ii ,federal incentives for private investment in clean coal technologies #bja4 ,seven-year amortization for certain systems installed on coal-fired electric generation units 7a7 ,in general ,subsection 7d7 of section #afi of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#f7 ,special rule for systems installed on coal-fired electric generation units 7,a7 ,in general ,any mechanical or electronic system-- 7i7 which is installed on a coal-fired electric generation unit after the date of the enactment of this paragraph1 and 7ii7 which reduces carbon dioxide emissions per net megawatt hour of electricity generation by #a or more of the means described in subparagraph 7,b7 or any other means1 shall be treated for purposes of this section as a new identifiable treatment facility which abates or controls atmospheric pollution or contamination by removing1 altering1 disposing1 storing1 or preventing the creation or emission of pollutants1 contaminants1 wastes1 or heat4 ,paragraph 7#a77;,c7 of this subsection1 and subsection 7e71 shall not apply to any system which is so treated4 7,b7 ,means for reducing emissions ,the means described in this subparagraph are-- 7i7 optimizing combustion1 7ii7 optimizing sootblowing and heat transfer1 7iii7 upgrading steam temperature control capabilities1 7iv7 reducing exit gas temperatures 7air heater modifications71 7v7 predrying low rank coals using power plant waste heat1 7vi7 modifying steam turbines or change the steam path_/blading1 7vii7 replacing single speed motors with variable speed drives for fans and pumps1 and 7viii7 improving operational controls1 including neural networks4 7,c7 ,special rule for minimum tax ,section #ef7;a77#e7 shall not apply to property to which this paragraph applies4 4 7b7 ,effective date ,the amendment made by this section shall apply to property placed in service after the date of the enactment of this ,act4 #bjb4 ,credit for carbon sequestration from coal facilities 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,d the following new section3 #dh;,e4 ,qualifying carbon dioxide capture1 transport1 and storage equipment credit 7a7 ,general rule ,for purposes of section #df1 the qualifying carbon dioxide capture1 transport1 and storage equipment credit for any taxable year is an amount equal to #cj percent of the qualified investment for such taxable year4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment for any taxable year is the basis of eligible carbon dioxide capture1 transport1 and storage property placed in service by the taxpayer during such taxable year which is part of a qualifying clean coal project-- 7,a7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7,b7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7#b7 ,special rule for certain subsidized property ,rules similar to section #dh7;a77#d7 shall apply for purposes of this section4 7#c7 ,certain qualified progress expenditures rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of this section4 7c7 ,definitions ,for purposes of this section-- 7#a7 ,coal ,the term coal means bituminous coal1 subbituminous coal1 and lignite4 7#b7 ,eligible carbon dioxide capture1 transport1 and storage property ,the term eligible carbon dioxide capture1 transport1 and storage property means any property-- 7,a7 which is used to capture1 transport1 or store carbon dioxide emitted at a qualifying clean coal project1 including equipment used to separate and pressurize carbon dioxide for transport 7including equipment to operate such equipment71 7,b7 7i7 the construction1 reconstruction1 or erection of which is completed by the taxpayer1 or 7ii7 which is acquired by the taxpayer if the original use of such property commences with the taxpayer1 and 7,c7 with respect to which depreciation 7or amortization in lieu of depreciation7 is allowable4 7#c7 ,qualified polygeneration plant ,the term qualified polygeneration plant means a plant that produces #b or more marketable products1 including electricity1 chemicals1 liquid or gaseous fuels1 and carbon dioxide for beneficial use or sale4 7#d7 ,qualifying clean coal project 7,a7 ,in general ,the term qualifying clean coal project means any project if such project-- 7i7 uses-- 7,i7 gasification technology 7as defined in section #dh;,b7c77#b771 or 7,,ii7 coal as not less than #ge percent of the project fuel source1 to produce electricity or is a polygeneration plant1 and 7ii7 7,i7 is a new project which is designed to meet the requirements of subparagraph 7,b71 or 7,,ii7 consists of retrofits to existing equipment such that the project meets the requirements of subparagraph 7,b74 7,b7 ,requirements 7i7 ,in general ,a project shall meet the emission requirement of clause 7ii7 and the carbon capture requirement of clause 7iii74 7ii7 ,emission requirement ,the requirement of this clause is met if the project is designed-- 7,i7 to emit carbon dioxide at an average annual rate of less than #a1ajj pounds per net megawatt hour of electrical generation1 or 7,,ii7 such that the carbon dioxide emissions of such project are no greater than half of the average carbon dioxide emissions for facilities producing electricity during #bjje from the same coal rank as such project1 as determined under regulations prescribed by the ,secretary in consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency4 7iii7 ,carbon capture requirement ,the requirement of this clause is met-- 7,i7 if such unit is among the first #a1jjj megawatts of electric generation units certified by the ,secretary under subsection 7e71 to capture and sequester not less than #ejj1jjj metric tons per year of carbon dioxide1 7,,ii7 if such unit is among the next #c1jjj megawatts of electric generation units certified by the ,secretary under subsection 7e71 to capture and sequester not less than #a1jjj1jjj metric tons per year of carbon dioxide1 and 7,,iii7 for any other unit1 to capture and sequester not less than #b1jjj1jjj metric tons per year of carbon dioxide4 7d7 ,aggregate credits 7#a7 ,in general ,no credit shall be allowed under this section with respect to any qualifying clean coal project unless such project is certified by the ,secretary under subsection 7e74 7#b7 ,limitation on projects certified ,the ,secretary may certify under subsection 7e7 no more than-- 7,a7 #bj projects described in subsection 7c77#d77;,a77ii77,i71 and 7,b7 #bj projects described in subsection 7c77#d77;,a77ii77,,ii74 7e7 ,certification 7#a7 ,certification process ,the ,secretary1 in consultation with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency1 shall establish a certification process to determine if a project meets all criteria and other requirements to be recognized as a qualifying clean coal project4 7#b7 ,feedstock requirements ,after the date of publication by the ,secretary of the final certification process referred to in paragraph 7#a71 the ,secretary shall allocate the limitation in subsection 7d77#b7 in equal amounts among-- 7,a7 projects using bituminous coal as a primary feedstock1 7,b7 projects using subbituminous coal as a primary feedstock1 and 7,c7 projects using lignite as a primary feedstock4 7#c7 ,redistribution ,the ,secretary may reallocate credits if the ,secretary determines that there is an insufficient quantity of qualifying applications for certification1 pending at the time of review1 to comply with the feedstock requirements of paragraph 7#b74 ,the ,secretary may conduct an additional program for applications for certification and reallocate available credits without regard to the feedstock requirement which was not satisfied as a result of insufficient applications for certification4 7#d7 ,requirements for applications for certification ,an application for certification shall contain such information as the ,secretary may require in order to make a determination to accept or reject the application and establish applicable credit entitlement4 ,any information contained in the application shall be protected as provided in section #eeb7;b77#d7 of title #e1 ,united ,states ,code4 7f7 ,denial of double benefit ,no credit shall be allowed under this section for any property for which credit is allowed under sections #dh;,a1 #dh;,b1 or #dh;,c4 4 7b7 ,conforming amendments 7#a7 ,section #df of such ,code 7relating to amount of credit7 is amended by striking and at the end of paragraph 7#e71 by striking the period at the end of paragraph 7#f7 and inserting 1 and1 and by adding at the end the following new paragraph3 7#g7 the qualifying carbon dioxide capture1 transport1 and storage equipment credit4 4 7#b7 ,subparagraph 7,c7 of section #di7;a77#a7 of such ,code is amended by striking and at the end of clause 7v71 by striking the period at the end of clause 7vi7 and inserting 1 and1 and by adding after clause 7vi7 the following new clause3 7vii7 the basis of any qualifying carbon dioxide capture1 transport1 and storage equipment under section #dh;,e4 4 7#c7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,d the following new item3 ,sec4 #dh;,e4 ,qualifying carbon dioxide capture1 transport1 and storage equipment credit4 4 7c7 ,effective date ,the amendments made by this section shall apply to periods after the date of the enactment of this ,act under rules similar to the rules of section #dh7m7 of the ,internal ,revenue ,code of #aihf 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij74 #bjc4 ,variable price support for carbon dioxide sequestration 7a7 ,definitions ,in this section3 7#a7 ,carbon dioxide price difference ,the term carbon dioxide price difference means the amount calculated in accordance with subsection 7f77#a74 7#b7 ,design capacity ,the term design capacity means a project that has the capacity to capture-- 7,a7 not fewer than #c1jjj1jjj tons of carbon dioxide annually2 or 7,b7 fewer than #c1jjj1jjj tons of carbon dioxide annually if agreed to by the ,secretary and project owner4 7#c7 ,eligible project ,the term eligible project means a project that-- 7,a7 captures and sells carbon dioxide that is used for enhanced recovery and generates electricity or gaseous or liquid fuels1 or is a qualified polygeneration plant 7as defined in section #dh;,e7c7 of the ,internal ,revenue ,code of #aihf72 7,b7 is located in the ,united ,states2 7,c7 uses coal as not less than #ge percent of the project fuel source2 7,d7 captures not less than #ej percent of carbon dioxide produced by coal conversion2 7,e7 has reached design capacity2 and 7,f7 has a contract with an enhanced recovery company that is for a period that is equal to or greater than the subsidy period4 7#d7 ,enhanced recovery ,the term enhanced recovery means enhanced oil recovery and enhanced gas recovery4 7#e7 ,lowest bid ,the term lowest bid means a bid made by an applicant to the program that has the least cost to the ,federal ,government1 as compared to competing bids4 7#f7 ,market price of oil ,the term market price of oil means the price of oil as reported in a public oil market index such as the ,new ,york ,mercantile ,exchange4 7#g7 ,program ,the term program means the ,enhanced ,recovery ,program established under subsection 7b74 7#h7 ,qualifying carbon dioxide ,the term qualifying carbon dioxide means carbon dioxide that is captured from an eligible project and is eligible for variable price support4 7#i7 ,rate ,the term rate means the ratio bid by the project owner of the price of carbon dioxide to the market price of oil1 and that is used to calculate the synthetic price of carbon dioxide4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,strike price of carbon dioxide ,the term strike price of carbon dioxide means the price of carbon dioxide bid by the project owner-- 7,a7 below which a project will receive a subsidy2 and 7,b7 above which the project owner will make payments to the ,federal ,government4 7#ab7 ,subsidy period ,the term subsidy period means the period of time1 not to exceed #aj years1 bid by the project owner during which the eligible project will be eligible to receive a subsidy under this section4 7#ac7 ,synthetic price of carbon dioxide ,the term synthetic price of carbon dioxide means the price of carbon dioxide calculated by multiplying the market price of oil by the rate4 7#ad7 ,variable price support ,the term variable price support means financial support provided by the ,federal ,government in an amount equal to the carbon dioxide price difference for each ton of qualifying carbon dioxide provided directly to the owner of an eligible project selected to receive assistance under this section4 7b7 ,establishment2 purpose 7#a7 ,in general ,there is established in the ,department of ,energy a variable price support program1 to be known as the ,enhanced ,recovery ,program1 to accelerate the construction and operation of eligible advanced coal-fueled projects that capture carbon dioxide emissions and sell or use the carbon dioxide for enhanced recovery4 7#b7 ,purpose ,the purpose of the program shall be-- 7,a7 to reduce the cost of carbon capture by providing variable price support to carbon capture and sequestration project owners to enable the owner to finance eligible projects2 7,b7 to advance the development and widespread use of carbon capture technology2 and 7,c7 to increase the domestic production of oil and natural gas in the ,united ,states4 7c7 ,variable price support 7#a7 ,in general ,in carrying out the program1 the ,secretary1 in consultation with the ,secretary of the ,treasury1 is authorized to provide variable price support for eligible projects-- 7,a7 for which an application is submitted to the ,secretary under subsection 7d72 7,b7 that are selected under the competitive bidding process under subsection 7e72 and 7,c7 for which a variable price support agreement to implement the payment terms described in subsections 7f7 and 7g7 is executed4 7#b7 ,period ,the ,secretary shall provide variable price support to an eligible project under this section for a period of not more than #aj years beginning on the date on which the eligible project reaches design capacity4 7#c7 ,profit sharing agreements 7,a7 ,in general ,to be eligible to receive variable price support under paragraph 7#a71 a project owner shall enter into a profit-sharing agreement with the ,secretary at the time that the variable price support agreement is executed4 7,b7 ,payments ,once every calendar quarter1 for each project owner subject to a profit-sharing agreement executed under subparagraph 7,a71 the ,secretary shall calculate whether the synthetic price of carbon dioxide is greater than the strike price of carbon dioxide1 and1 if so1 request from the project owner a profit-sharing payment for that quarter1 in an amount equal to-- 7i7 the difference between the synthetic price of carbon dioxide and the strike price of carbon dioxide2 less 7ii7 any repayments made under subsection 7g7 during that calendar quarter4 7d7 ,applications ,an owner of an eligible project desiring variable price support under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,selection2 competitive bidding process 7#a7 ,in general ,once every year1 the ,secretary shall solicit bids from applicants for an allocation of the funding made available under subsection 7h7 to provide variable price support to eligible projects4 7#b7 ,bid submission ,applicants participating in the competitive bidding process shall submit a bid for an eligible project that includes-- 7,a7 the strike price of carbon dioxide for a ton of qualifying carbon dioxide2 7,b7 a rate2 7,c7 a plan for the project for a period of not more than #aj years2 and 7,d7 the projected tonnage of qualifying carbon dioxide that the eligible project will capture and sell for enhanced recovery over the project period4 7#c7 ,selection ,for each fiscal year1 the ,secretary shall-- 7,a7 determine the cost to the ,federal ,government of each bid submitted under paragraph 7#b72 and 7,b7 7i7 select #a or more of the lowest bids until all of the available funding authorized by subsection 7h7 is obligated2 or 7ii7 if the ,secretary determines that no bids submitted under paragraph 7#b7 are acceptable to the ,secretary1 reject the bids4 7f7 ,administration 7#a7 ,in general ,in carrying out a variable price support agreement entered into under subsection 7c71 the ,secretary shall calculate the carbon dioxide price difference as a dollar amount equal to-- 7,a7 the strike price of carbon dioxide2 less 7,b7 the synthetic price of carbon dioxide in a qualifying ton4 7#b7 ,payments ,payments between the ,secretary and the project owner shall be made as follows3 7,a7 ,if the amount calculated in paragraph 7#a7 is a positive number1 the ,secretary shall pay to the project owner an amount equal to the product obtained by multiplying-- 7i7 the carbon dioxide price difference calculated under paragraph 7#a72 and 7ii7 the quantity in tons of qualifying carbon dioxide sold for enhanced recovery4 7,b7 ,if the amount calculated in paragraph 7#a7 is a negative number1 the project owner shall pay to the ,secretary an amount equal to the product obtained by multiplying-- 7i7 the absolute value of the carbon dioxide price difference calculated under paragraph 7#a72 and 7ii7 the quantity in tons of qualifying carbon dioxide sold for enhanced recovery4 7,c7 ,payments between the ,secretary and the project owner made under subparagraphs 7,a7 and 7,b7 shall be reconciled on an annual basis based on-- 7i7 daily carbon dioxide sales records reported by the project owner2 and 7ii7 the daily price of ,west ,texas intermediate crude oil listed in the ,new ,york ,mercantile ,exchange4 7g7 ,payments to the ,federal ,government 7#a7 ,in general ,the ,secretary shall establish terms and conditions for a variable price support agreement entered into under subsection 7c77#a77;,c74 7#b7 ,repayments ,the repayment terms of any variable price support agreement shall commence if1 during the subsidy period of the agreement1 and subject to the limitations described in paragraph 7#c71 the amount calculated under subsection 7f77#a7 is a positive number4 7#c7 ,limitations 7,a7 ,in general ,the repayment terms described in paragraph 7#b7 shall be subject to the following limitations3 7i7 ,if1 during any calendar quarter during the subsidy period of the variable price support agreement1 the synthetic price of carbon dioxide is less than the strike price of carbon dioxide1 the project owner may elect to defer all or part of the repayment obligations of the project owner due in that quarter and any unpaid obligations will continue to accrue interest4 7ii7 ,if1 during any calendar quarter during the subsidy period of the variable price support agreement1 the synthetic price of carbon dioxide is greater than the strike price of carbon dioxide1 the project owner-- 7,i7 shall meet the scheduled repayment obligations plus any deferred repayment obligations2 but 7,,ii7 shall not be required to pay in that quarter an amount that is greater than the amount equal to the product obtained by multiplying-- 7aa7 the excess of the synthetic price of carbon dioxide over the strike price of carbon dioxide2 and 7bb7 the output of the project4 7,b7 ,repayments beyond subsidy term ,at the end of the subsidy period of the agreement1 the cumulative amount of any deferred repayment obligations1 together with accrued interest1 shall be amortized 7with interest7 over the remainder of the full term of the agreement4 7h7 ,funding 7#a7 ,in general ,prior to selecting bids under subsection 7e77#c7 for a fiscal year1 the ,secretary shall make available to carry out the program the following amounts1 to be allocated from unobligated funds of the ,department of ,energy4 ,years3,available ,credit3,year #aa1cej1jjj,year #ba1cej1jjj,year #ca1cej1jjj,year #db1gjj1jjj,year #eb1gjj1jjj,year #fb1gjj1jjj,year #gd1jej1jjj,year #he1djj1jjj,year #i and thereafter#f1gej1jjj4 7#b7 ,extension ,if the amounts made available under paragraph 7#a7 for a fiscal year are not used during the applicable fiscal year-- 7,a7 the program shall be extended for an additional fiscal year2 and 7,b7 the amounts authorized under paragraph 7#a7 that were not used during the applicable fiscal year shall be carried over to carry out the program during the additional fiscal year4 #bjd4 ,clean energy coal bonds 7a7 ,in general 7#a7 ,treatment as tax credit bonds ,subpart ,i of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #ed;,g4 ,clean energy coal bonds 7a7 ,clean energy coal bond ,for purposes of this subchapter-- 7#a7 ,in general ,the term clean energy coal bond means any bond issued as part of an issue if-- 7,a7 the bond is issued by a qualified issuer pursuant to an allocation by the ,secretary to such issuer of a portion of the national clean energy coal bond limitation under subsection 7b77#b71 7,b7 so much of the available project proceeds from the sale of such issue as is equal to #ie percent of the excess of-- 7i7 the total available project proceeds from the sale of such issue1 over 7ii7 the amounts in a reasonably required reserve 7within the meaning of section #aej7;a77#c77 with respect to such issue1 are to be used for capital expenditures incurred by qualified borrowers for #a or more qualified projects1 7,c7 the qualified issuer makes an irrevocable election to have this section apply1 7,d7 the qualified issuer designates such bond for purposes of this section and the bond is in registered form1 and 7,e7 in lieu of the requirements of section #ed;,a7d77#b71 the issue meets the requirements of subsection 7c74 7#b7 ,qualified project2 special use rules 7,a7 ,in general ,the term qualified project means a qualified clean coal project 7as defined in subsection 7h77#a77 placed in service by a qualified borrower4 7,b7 ,refinancing rules ,for purposes of paragraph 7#a77;,b71 a qualified project may be refinanced with proceeds of a clean energy coal bond only if the indebtedness being refinanced 7including any obligation directly or indirectly refinanced by such indebtedness7 was originally incurred by a qualified borrower after the date of the enactment of this section4 7,c7 ,reimbursement ,for purposes of paragraph 7#a77;,b71 a clean energy coal bond may be issued to reimburse a qualified borrower for amounts paid after the date of the enactment of this section with respect to a qualified project1 but only if-- 7i7 prior to the payment of the original expenditure1 the qualified borrower declared its intent to reimburse such expenditure with the proceeds of a clean energy coal bond1 7ii7 not later than #fj days after payment of the original expenditure1 the qualified issuer adopts an official intent to reimburse the original expenditure with such proceeds1 and 7iii7 reimbursement is not made later than #ah months after the date the original expenditure is paid or the date the project is placed in service or abandoned1 but in no event more than #c years after the original expenditure is paid4 7,d7 ,treatment of changes in use ,for purposes of paragraph 7#a77;,b71 the proceeds of an issue shall not be treated as used for a qualified project to the extent that a qualified borrower takes any action within its control which causes such proceeds not to be used for a qualified project4 ,the ,secretary shall prescribe regulations specifying remedial actions that may be taken 7including conditions to taking such remedial actions7 to prevent an action described in the preceding sentence from causing a bond to fail to be a clean energy coal bond4 7b7 ,limitation on amount of bonds designated 7#a7 ,national limitation ,there is a national clean energy coal bond limitation of #e1jjj1jjj1jjj4 7#b7 ,allocation by ,secretary ,the ,secretary shall allocate the amount described in paragraph 7#a7 among qualified projects in such manner as the ,secretary determines appropriate4 7c7 ,special rules relating to expenditures 7#a7 ,in general ,an issue shall be treated as meeting the requirements of this subsection if1 as of the date of issuance1 the qualified issuer reasonably expects-- 7,a7 #ajj percent or more of the available project proceeds from the sale of the issue are to be spent for #a or more qualified projects within the #e-year period beginning on the date of issuance of the clean energy bond1 7,b7 a binding commitment with a third party to spend at least #aj percent of such available project proceeds from the sale of the issue will be incurred within the #f-month period beginning on the date of issuance of the clean energy bond or1 in the case of a clean energy bond the available project proceeds of which are to be loaned to #b or more qualified borrowers1 such binding commitment will be incurred within the #f-month period beginning on the date of the loan of such proceeds to a qualified borrower1 and 7,c7 such projects will be completed with due diligence and the available project proceeds from the sale of the issue will be spent with due diligence4 7#b7 ,extension of period ,upon submission of a request prior to the expiration of the period described in paragraph 7#a77;,a71 the ,secretary may extend such period if the qualified issuer establishes that the failure to satisfy the #e-year requirement is due to reasonable cause and the related projects will continue to proceed with due diligence4 7#c7 ,failure to spend required amount of bond proceeds within #e years ,to the extent that less than #ajj percent of the available project proceeds of such issue are expended by the close of the #e-year period beginning on the date of issuance 7or if an extension has been obtained under paragraph 7#b71 by the close of the extended period71 the qualified issuer shall redeem all of the nonqualified bonds within #ij days after the end of such period4 ,for purposes of this paragraph1 the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section #adb4 7d7 ,reduced credit amount ,the annual credit determined under section #ed;,a7b7 with respect to any clean coal energy bond shall be #gj percent of the amount so determined without regard to this subsection4 7e7 ,cooperative electric company2 qualified energy tax credit bond lender2 governmental body2 qualified borrower ,for purposes of this section-- 7#a7 ,cooperative electric company ,the term cooperative electric company means a mutual or cooperative electric company described in section #eja7;c77#ab7 or section #acha7;a77#b77;,c71 or a not-for-profit electric utility which has received a loan or loan guarantee under the ,rural ,electrification ,act4 7#b7 ,clean energy bond lender ,the term clean energy bond lender means a lender which is a cooperative which is owned by1 or has outstanding loans to1 #ajj or more cooperative electric companies and is in existence on ,february #a1 #bjjb1 and shall include any affiliated entity which is controlled by such lender4 7#c7 ,public power entity ,the term public power entity means a ,state utility with a service obligation1 as such terms are defined in section #bag of the ,federal ,power ,act 7as in effect on the date of enactment of this paragraph74 7#d7 ,qualified issuer ,the term qualified issuer means-- 7,a7 a clean energy bond lender1 7,b7 a cooperative electric company1 or 7,c7 a public power entity4 7#e7 ,qualified borrower ,the term qualified borrower means-- 7,a7 a mutual or cooperative electric company described in section #eja7;c77#ab7 or #acha7;a77#b77;,c71 or 7,b7 a public power entity4 7f7 ,special rules relating to pool bonds ,no portion of a pooled financing bond may be allocable to any loan unless the borrower has entered into a written loan commitment for such portion prior to the issue date of such issue4 7g7 ,gross-,up of payment to issuers in case of sequestration ,in the case of any payment due under section #fdca7;b7 by reason of section #fdca7;f77#c77;,a77v7 which is subject to reduction in accordance with a sequestration report prepared by the ,director of the ,office of ,management and ,budget pursuant to the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe or the ,statutory ,pay-,as-,you-,go ,act of #bjaj-- 7#a7 the amount of such payment shall be increased to an amount equal to the product of-- 7,a7 the amount of such payment as determined before the reduction in accordance with the sequestration report1 and 7,b7 a fraction the numerator of which is #a and the denominator of which is the excess of-- 7i7 #ajj1 over 7ii7 the percentage by which such payment is reduced 7without regard to this subsection7 in accordance with the sequestration report1 and 7#b7 such increase shall be treated as not subject to the sequestration report4 7h7 ,other definitions and special rules ,for purposes of this section-- 7#a7 ,qualified clean coal project ,the term qualified clean coal project means-- 7,a7 an atmospheric pollution control facility 7within the meaning of section #afi7;d77#a771 7,b7 a qualifying clean coal project 7within the meaning of section #dh;,e7c77#a771 7,c7 a qualified facility 7within the meaning of section #de,q7c771 or 7,d7 an integrated gasification combined cycle unit1 supercritical coal-fired power plant1 or ultrasupercritical coal-fired power plant1 with an energy efficiency percentage 7as defined in section #dh7;c77#c77;,c77i77 that is not less than #e percentage points greater than the average energy efficiency percentage for coal electrical production facilities in the ,united ,states and corrected for the impact of carbon capture 7as determined by the ,secretary of ,energy74 7#b7 ,definitions 7,a7 ,integrated gasification combined cycle unit ,the term integrated gasification combined cycle unit means an electric generation unit that produces electricity by converting coal to synthesis gas that is used to fuel a combined-cycle plant that produces electricity from both a combustion turbine 7including a combustion turbine_/fuel cell hybrid7 and a steam turbine4 7,b7 ,pooled financing bond ,the term pooled financing bond shall have the meaning given such term by section #adi7;f77#f77;,a74 7,c7 ,supercritical coal-fired power plant ,the term supercritical coal-fired power plant means a coal-fired power plant operating at pressures such that water boils first and then is converted to superheated steam4 7,d7 ,ultrasupercritical coal-fired power plant ,the term ultrasupercritical coal-fired power plant means a power plant described in subparagraph 7,c7 operating above supercritical pressure and at steam temperatures above #a1ajj degrees ,fahrenheit4 4 7#b7 ,bonds not subject to maturity limitation ,paragraph 7#e7 of section #ed;,a7d7 of such ,code is amended by adding at the end the following new subparagraph3 7,c7 ,special rule for clean energy coal bonds ,the requirements of this paragraph shall not apply to a clean energy coal bond under section #ed;,g4 4 7#c7 ,conforming amendments 7,a7 ,paragraph 7#a7 of section #ed;,a7d7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,d71 by inserting or at the end of subparagraph 7,e71 and by inserting after subparagraph 7,e7 the following new subparagraph3 7,f7 a clean energy coal bond1 4 7,b7 ,the table of sections for subpart ,i of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new item3 ,sec4 #ed;,g4 ,clean energy coal bonds4 4 7b7 ,bonds treated as specified tax credit bonds 7#a7 ,in general ,section #fdca7;f77#c77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of clause 7iii71 by striking and at the end of clause 7iv7 and inserting or1 and by adding at the end the following new clause3 7v7 a clean energy coal bond 7as defined in section #ed;,g71 and 4 7#b7 ,special rule ,paragraph 7#b7 of section #fdca7;f7 of such ,code is amended-- 7,a7 by striking clause 7i7 or 7ii7 and inserting clause 7i71 7ii71 or 7v72 and 7,b7 by striking the heading and inserting ,special rule for certain bonds4 7c7 ,effective date ,the amendments made by this section shall apply to bonds issued after the date of the enactment of this ,act4 ,,iii ,reports required #cja4 ,definitions ,in this title3 7#a7 ,,ccs the term ,,ccs means carbon capture and storage1 including geological storage and enhanced oil recovery1 as well as other forms of carbon utilization4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #cjb4 ,reports to ,congress 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress and make available to the public 7including on the website of the ,department of ,energy7 a report that-- 7#a7 provides a comprehensive review of the annual progress made by the ,national ,laboratories and the offices of the ,department of ,energy that are currently active in researching and developing clean coal technologies and ,,ccs1 including-- 7,a7 the status of carbon capture1 transport1 storage1 and utilization1 including-- 7i7 an overview and evaluation of key technologies2 7ii7 a description of existing ,,ccs infrastructure and demonstration projects in the ,united ,states1 including the status of permitting1 financing1 and construction and the expected date of commencement of operations2 7iii7 the associated costs of key technologies1 including the amount and type of ,federal funding2 and 7iv7 an estimated timeline to commercial scalability2 7,b7 a description of the current barriers for ,,ccs deployment and commercialization1 including-- 7i7 market failures2 7ii7 regulatory framework2 7iii7 long-term liability for carbon storage2 7iv7 public outreach2 and 7v7 annual progress on overcoming the identified barriers2 7,c7 possible solutions to address the barriers described in subparagraph 7,b71 including-- 7i7 funding options for ,,ccs projects2 7ii7 options to improve the current legal and regulatory framework2 and 7iii7 suggestions for ,federal ,government action on effective public outreach2 and 7,d7 a separate review that focuses on international research and projects sponsored by the ,department of ,energy1 including-- 7i7 a clear description of how the ,federal ,government has participated in each project1 including the amount and type of ,federal funding2 7ii7 the technical and economic status of each project1 including the expected date of commencement of operations2 and 7iii7 recommendations on-- 7,i7 how to most efficiently engage in each project in the future2 and 7,,ii7 whether a change of funding support could assist in those efforts2 and 7#b7 addresses all of the international consortia that the ,federal ,government is currently engaged in by-- 7,a7 detailing the type of ,federal ,government activity in each consortium2 7,b7 including a description of any lessons learned by participants from the ,federal ,government as a direct result of consortium activity2 7,c7 describing the benefits derived from ,federal ,government involvement2 and 7,d7 making recommendations for the involvement of the ,federal ,government in each consortium including-- 7i7 whether the ,federal ,government should continue to participate2 and 7ii7 how the ,federal ,government could increase the productivity of the consortium1 if possible4 7b7 ,additional report ,not later than #ah months after the date of enactment of this ,act1 and not less frequently than once every year for the next #e years thereafter1 the ,secretary shall submit to ,congress and make available to the public 7including on the website of the ,department of ,energy7 a report that-- 7#a7 provides an assessment of the upcoming ,,ccs projects in ,canada1 including-- 7,a7 the ,sask,power ,boundary ,dam ,integrated ,,ccs ,demonstration ,project2 7,b7 the ,shell ,quest ,project2 and 7,c7 the ,alberta ,carbon ,trunk ,line2 and 7#b7 determines-- 7,a7 whether operation of the ,,ccs system is meeting the project goals2 7,b7 the economic status of the project1 including-- 7i7 an overview of the ratio of private and public funds for capital costs2 7ii7 whether the project is generating revenue2 and 7iii7 the current return on investment2 7,c7 whether the project is the type of project that the ,federal ,government should replicate in the ,united ,states to move ,,ccs forward on a pilot level2 7,d7 whether the project could comply with subparagraph 7,e7 or 7,f7 if the project should be replicated under subparagraph 7,c72 7,e7 whether the ,federal ,government and private industry in the ,united ,states can work together to develop a similar pilot project in the ,united ,states2 and 7,f7 if the ,federal ,government and private industry cannot work together under subparagraph 7,e71 whether the ,federal ,government should work jointly with ,canada on a similar project4