,,ii ,calendar ,no4 #gj #aafth ,,congress #ast ,session ,s4 #chc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjai,mr4 ,barrasso 7for himself1 ,mr4 ,whitehouse1 ,mrs4 ,capito1 ,ms4 ,duckworth1 ,mr4 ,cramer1 ,ms4 ,smith1 ,mr4 ,manchin1 ,mr4 ,carper1 ,mr4 ,enzi1 ,mr4 ,schatz1 ,mr4 ,rounds1 ,mr4 ,inhofe1 ,mr4 ,van ,hollen1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,april #aj1 #bjai,reported by ,mr4 ,barrasso1 without amendment ,a ,,bill ,to support carbon dioxide utilization and direct air capture research1 to facilitate the permitting and development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,utilizing ,significant ,emissions with ,innovative ,technologies ,act or the ,,use ,,it ,act4 ,i ,encouraging projects to reduce emissions #aja4 ,research1 investigation1 training1 and other activities ,section #ajc of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7 is amended-- 7#a7 in subsection 7c77#c71 in the first sentence of the matter preceding subparagraph 7,a71 by striking percursors and inserting precursors2 and 7#b7 in subsection 7g7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and indenting appropriately2 7,b7 in the undesignated matter following subparagraph 7,d7 7as so redesignated7-- 7i7 in the second sentence1 by striking ,the ,administrator and inserting the following3 7#e7 ,coordination and avoidance of duplication ,the ,administrator 2 and 7ii7 in the first sentence1 by striking ,nothing and inserting the following3 7#d7 ,effect of subsection ,nothing 2 7,c7 in the matter preceding subparagraph 7,a7 7as so redesignated7-- 7i7 in the third sentence1 by striking ,such program and inserting the following3 7#c7 ,program inclusions ,the program under this subsection 2 7ii7 in the second sentence-- 7,i7 by inserting ,states1 institutions of higher education1 after scientists12 and 7,,ii7 by striking ,such strategies and technologies shall be developed and inserting the following3 7#b7 ,participation requirement ,such strategies and technologies described in paragraph 7#a7 shall be developed 2 and 7iii7 in the first sentence1 by striking ,in carrying out and inserting the following3 7#a7 ,in general ,in carrying out 2 and 7,d7 by adding at the end the following3 7#f7 ,certain carbon dioxide activities 7,a7 ,in general ,in carrying out paragraph 7#c77;,a7 with respect to carbon dioxide1 the ,administrator shall carry out the activities described in each of subparagraphs 7,b71 7,c71 7,d71 and 7,e74 7,b7 ,direct air capture research 7i7 ,definitions ,in this subparagraph3 7,i7 ,board ,the term ,board means the ,direct ,air ,capture ,technology ,advisory ,board established by clause 7iii77,i74 7,,ii7 ,dilute ,the term dilute means a concentration of less than #a percent by volume4 7,,iii7 ,direct air capture 7aa7 ,in general ,the term direct air capture1 with respect to a facility1 technology1 or system1 means that the facility1 technology1 or system uses carbon capture equipment to capture carbon dioxide directly from the air4 7bb7 ,exclusion ,the term direct air capture does not include any facility1 technology1 or system that captures carbon dioxide-- 7,,aa7 that is deliberately released from a naturally occurring subsurface spring2 or 7,,bb7 using natural photosynthesis4 7,,iv7 ,intellectual property ,the term intellectual property means-- 7aa7 an invention that is patentable under title #ce1 ,united ,states ,code2 and 7bb7 any patent on an invention described in item 7aa74 7ii7 ,technology prizes 7,i7 ,in general ,not later than #a year after the date of enactment of the ,,use ,,it ,act1 the ,administrator1 in consultation with the ,secretary of ,energy1 shall establish a program to provide1 and shall provide1 financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute4 7,,ii7 ,duties ,in carrying out this clause1 the ,administrator shall-- 7aa7 subject to subclause 7,,iii71 develop specific requirements for-- 7,,aa7 the competition process2 and 7,,bb7 the demonstration of performance of approved projects2 7bb7 offer financial awards for a project designed-- 7,,aa7 to the maximum extent practicable1 to capture more than #aj1jjj tons of carbon dioxide per year2 and 7,,bb7 to operate in a manner that would be commercially viable in the foreseeable future 7as determined by the ,board72 and 7cc7 to the maximum extent practicable1 make financial awards to geographically diverse projects1 including at least-- 7,,aa7 #a project in a coastal ,state2 and 7,,bb7 #a project in a rural ,state4 7,,iii7 ,public participation ,in carrying out subclause 7,,ii77aa71 the ,administrator shall-- 7aa7 provide notice of and1 for a period of not less than #fj days1 an opportunity for public comment on1 any draft or proposed version of the requirements described in subclause 7,,ii77aa72 and 7bb7 take into account public comments received in developing the final version of those requirements4 7iii7 ,direct air capture technology advisory board 7,i7 ,establishment ,there is established an advisory board to be known as the ,direct ,air ,capture ,technology ,advisory ,board4 7,,ii7 ,composition ,the ,board shall be composed of #i members appointed by the ,administrator1 who shall provide expertise in-- 7aa7 climate science2 7bb7 physics2 7cc7 chemistry2 7dd7 biology2 7ee7 engineering2 7ff7 economics2 7gg7 business management2 and 7hh7 such other disciplines as the ,administrator determines to be necessary to achieve the purposes of this subparagraph4 7,,iii7 ,term2 vacancies 7aa7 ,term ,a member of the ,board shall serve for a term of #f years4 7bb7 ,vacancies ,a vacancy on the ,board-- 7,,aa7 shall not affect the powers of the ,board2 and 7,,bb7 shall be filled in the same manner as the original appointment was made4 7,,iv7 ,initial meeting ,not later than #cj days after the date on which all members of the ,board have been appointed1 the ,board shall hold the initial meeting of the ,board4 7,v7 ,meetings ,the ,board shall meet at the call of the ,chairperson or on the request of the ,administrator4 7,,vi7 ,quorum ,a majority of the members of the ,board shall constitute a quorum1 but a lesser number of members may hold hearings4 7,,vii7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the members of the ,board4 7,,viii7 ,compensation ,each member of the ,board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code1 for each day during which the member is engaged in the actual performance of the duties of the ,board4 7,,ix7 ,duties ,the ,board shall advise the ,administrator on carrying out the duties of the ,administrator under this subparagraph4 7,x7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,board4 7iv7 ,intellectual property 7,i7 ,in general ,as a condition of receiving a financial award under this subparagraph1 an applicant shall agree to vest the intellectual property of the applicant derived from the technology in #a or more entities that are incorporated in the ,united ,states4 7,,ii7 ,reservation of license ,the ,united ,states-- 7aa7 may reserve a nonexclusive1 nontransferable1 irrevocable1 paid-up license1 to have practiced for or on behalf of the ,united ,states1 in connection with any intellectual property described in subclause 7,i72 but 7bb7 shall not1 in the exercise of a license reserved under item 7aa71 publicly disclose proprietary information relating to the license4 7,,iii7 ,transfer of title ,title to any intellectual property described in subclause 7,i7 shall not be transferred or passed1 except to an entity that is incorporated in the ,united ,states1 until the expiration of the first patent obtained in connection with the intellectual property4 7v7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subparagraph #ce1jjj1jjj1 to remain available until expended4 7vi7 ,termination of authority ,the ,board and all authority provided under this subparagraph shall terminate not later than #aj years after the date of enactment of the ,,use ,,it ,act4 7,c7 ,carbon dioxide utilization research 7i7 ,definition of carbon dioxide utilization ,in this subparagraph1 the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide-- 7,i7 through the fixation of carbon dioxide through photosynthesis or chemosynthesis1 such as through the growing of algae or bacteria2 7,,ii7 through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored2 or 7,,iii7 through the use of carbon dioxide for any other purpose for which a commercial market exists1 as determined by the ,administrator4 7ii7 ,program ,the ,administrator1 in consultation with the ,secretary of ,energy1 shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value1 or as an input to products of commercial value4 7iii7 ,technical and financial assistance ,not later than #b years after the date of enactment of the ,,use ,,it ,act1 in carrying out this subsection1 the ,administrator1 in consultation with the ,secretary of ,energy1 shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause 7iv74 7iv7 ,eligibility ,to be eligible to receive technical assistance and financial assistance under clause 7iii71 a carbon dioxide utilization project shall-- 7,i7 have access to an emissions stream generated by a stationary source within the ,united ,states that is capable of supplying not less than #bej metric tons per day of carbon dioxide for research2 7,,ii7 have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies1 with onsite access to larger test bays for scale-up2 and 7,,iii7 have existing partnerships with institutions of higher education1 private companies1 ,states1 or other government entities4 7v7 ,coordination ,in supporting carbon dioxide utilization projects under this paragraph1 the ,administrator shall consult with the ,secretary of ,energy1 and1 as appropriate1 with the head of any other relevant ,federal agency1 ,states1 the private sector1 and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects4 7vi7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subparagraph #ej1jjj1jjj1 to remain available until expended4 7,d7 ,deep saline formation report 7i7 ,definition of deep saline formation 7,i7 ,in general ,in this subparagraph1 the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid4 7,,ii7 ,clarification ,in this subparagraph1 the term deep saline formation does not include oil and gas reservoirs4 7ii7 ,report ,in consultation with the ,secretary of ,energy1 and1 as appropriate1 with the head of any other relevant ,federal agency and relevant stakeholders1 not later than #a year after the date of enactment of the ,,use ,,it ,act1 the ,administrator shall prepare1 submit to ,congress1 and make publicly available a report that includes-- 7,i7 a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations1 using existing research2 7,,ii7 recommendations for managing the potential risks identified under subclause 7,i71 including potential risks unique to public land2 and 7,,iii7 recommendations for ,federal legislation or other policy changes to mitigate any potential risks identified under subclause 7,i74 7,e7 ,report on carbon dioxide nonregulatory strategies and technologies 7i7 ,in general ,not less frequently than once every #b years1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes-- 7,i7 the recipients of assistance under subparagraphs 7,b7 and 7,c72 and 7,,ii7 a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air1 in conjunction with other ,federal agencies4 7ii7 ,inclusions ,the plan submitted under clause 7i7 shall include-- 7,i7 a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air2 and 7,,ii7 a description of any nonair-related environmental or energy considerations regarding the technologies4 7,f7 ,,gao report ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7i7 identifies all ,federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies1 including direct air capture technologies2 and 7ii7 examines the extent to which the ,federal grant programs identified pursuant to clause 7i7 overlap or are duplicative4 4 ,,ii ,improvement of permitting process for carbon dioxide capture and infrastructure projects #bja4 ,inclusion of carbon capture infrastructure projects ,section #dajja7f7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by inserting carbon capture1 after manufacturing12 7,b7 in clause 7i77,,iii71 by striking or at the end2 7,c7 by redesignating clause 7ii7 as clause 7iii72 and 7,d7 by inserting after clause 7i7 the following3 7ii7 is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines2 or 2 and 7#b7 by adding at the end the following3 7,c7 ,inclusion ,for purposes of subparagraph 7,a71 construction of infrastructure for carbon capture includes construction of-- 7i7 any facility1 technology1 or system that captures1 utilizes1 or sequesters carbon dioxide emissions1 including projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g772 and 7ii7 carbon dioxide pipelines4 4 #bjb4 ,development of carbon capture1 utilization1 and sequestration report1 permitting guidance1 and regional permitting task force 7a7 ,definitions ,in this section3 7#a7 ,carbon capture1 utilization1 and sequestration projects ,the term carbon capture1 utilization1 and sequestration projects includes projects for direct air capture 7as defined in paragraph 7#f77;,b77i7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g7774 7#b7 ,efficient1 orderly1 and responsible ,the term efficient1 orderly1 and responsible means1 with respect to development or the permitting process for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 a process that is completed in an expeditious manner while maintaining environmental1 health1 and safety protections4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,chair of the ,council on ,environmental ,quality 7referred to in this section as the ,chair71 in consultation with the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,energy1 the ,secretary of the ,interior1 the ,executive ,director of the ,federal ,permitting ,improvement ,council1 and the head of any other relevant ,federal agency 7as determined by the ,president71 shall prepare a report that-- 7,a7 compiles all existing relevant ,federal permitting and review information and resources for project applicants1 agencies1 and other stakeholders interested in the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including-- 7i7 the appropriate points of interaction with ,federal agencies2 7ii7 clarification of the permitting responsibilities and authorities among ,federal agencies2 and 7iii7 best practices and templates for permitting2 7,b7 inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7,c7 inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7,d7 identifies gaps in the current ,federal regulatory framework for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 and 7,e7 identifies ,federal financing mechanisms available to project developers4 7#b7 ,submission2 publication ,the ,chair shall-- 7,a7 submit the report under paragraph 7#a7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 as soon as practicable1 make the report publicly available4 7c7 ,guidance 7#a7 ,in general ,after submission of the report under subsection 7b77#b71 but not later than #a year after the date of enactment of this ,act1 the ,chair shall submit guidance consistent with that report to all relevant ,federal agencies that-- 7,a7 facilitates reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 and 7,b7 supports the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7#b7 ,requirements 7,a7 ,in general ,the guidance under paragraph 7#a7 shall address requirements under-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7iii7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7iv7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7v7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7vi7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act72 7vii7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 7viii7 the ,act of ,june #h1 #aidj 7#af ,u4,s4,c4 #ffh et seq47 7commonly known as the ,bald and ,golden ,eagle ,protection ,act72 and 7ix7 any other ,federal law that the ,chair determines to be appropriate4 7,b7 ,environmental reviews ,the guidance under paragraph 7#a7 shall include direction to ,states and other interested parties for the development of programmatic environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7,c7 ,public involvement ,the guidance under paragraph 7#a7 shall be subject to the public notice1 comment1 and solicitation of information procedures under section #aejf4f of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#c7 ,submission2 publication ,the ,chair shall-- 7,a7 submit the guidance under paragraph 7#a7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 as soon as practicable1 make the guidance publicly available4 7#d7 ,evaluation ,the ,chair shall-- 7,a7 periodically evaluate the reports of the task forces under subsection 7d77#e7 and1 as necessary1 revise the guidance under paragraph 7#a72 and 7,b7 each year1 submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and relevant ,federal agencies a report that describes any recommendations for legislation1 rules1 revisions to rules1 or other policies that would address the issues identified by the task forces under subsection 7d77#e74 7d7 ,task force 7#a7 ,establishment ,not later than #ah months after the date of enactment of this ,act1 the ,chair shall establish not less than #b task forces1 which shall each cover a different geographical area with differing demographic1 land use1 or geological issues-- 7,a7 to identify permitting and other challenges and successes that permitting authorities and project developers and operators face2 and 7,b7 to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines4 7#b7 ,members and selection 7,a7 ,in general ,the ,chair shall-- 7i7 develop criteria for the selection of members to each task force2 and 7ii7 select members for each task force in accordance with clause 7i7 and subparagraph 7,b74 7,b7 ,members ,each task force-- 7i7 shall include not less than #a representative of each of-- 7,i7 the ,environmental ,protection ,agency2 7,,ii7 the ,department of ,energy2 7,,iii7 the ,department of the ,interior2 7,,iv7 any other ,federal agency the ,chair determines to be appropriate2 7,v7 any ,state that requests participation in the geographical area covered by the task force2 7,,vi7 developers or operators of carbon capture1 utilization1 and sequestration projects or carbon dioxide pipelines2 and 7,,vii7 nongovernmental membership organizations1 the primary mission of which concerns protection of the environment2 and 7ii7 at the request of a ,tribal or local government1 may include a representative of-- 7,i7 not less than #a local government in the geographical area covered by the task force2 and 7,,ii7 not less than #a ,tribal government in the geographical area covered by the task force4 7#c7 ,meetings 7,a7 ,in general ,each task force shall meet not less than twice each year4 7,b7 ,joint meeting ,to the maximum extent practicable1 the task forces shall meet collectively not less than once each year4 7#d7 ,duties ,each task force shall-- 7,a7 inventory existing or potential ,federal and ,state approaches to facilitate reviews associated with the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines1 including best practices that-- 7i7 avoid duplicative reviews2 7ii7 engage stakeholders early in the permitting process2 and 7iii7 make the permitting process efficient1 orderly1 and responsible2 7,b7 develop common models for ,state-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with ,states in the geographical area covered by the task force2 7,c7 provide technical assistance to ,states in the geographical area covered by the task force in implementing regulatory requirements and any models developed under subparagraph 7,b72 7,d7 inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value1 or as an input to products of commercial value2 7,e7 identify any priority carbon dioxide pipelines needed to enable efficient1 orderly1 and responsible development of carbon capture1 utilization1 and sequestration projects at increased scale2 7,f7 identify gaps in the current ,federal and ,state regulatory framework and in existing data for the deployment of carbon capture1 utilization1 and sequestration projects and carbon dioxide pipelines2 7,g7 identify ,federal and ,state financing mechanisms available to project developers2 and 7,h7 develop recommendations for relevant ,federal agencies on how to develop and research technologies that-- 7i7 can capture carbon dioxide2 and 7ii7 would be able to be deployed within the region covered by the task force1 including any projects that have received technical or financial assistance for research under paragraph 7#f7 of section #ajc7;g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjc7;g774 7#e7 ,report ,each year1 each task force shall prepare and submit to the ,chair and to the other task forces a report that includes-- 7,a7 any recommendations for improvements in efficient1 orderly1 and responsible issuance or administration of ,federal permits and other ,federal authorizations required under a law described in subsection 7c77#b77;,a72 and 7,b7 any other nationally relevant information that the task force has collected in carrying out the duties under paragraph 7#d74 7#f7 ,evaluation ,not later than #e years after the date of enactment of this ,act1 the ,chair shall-- 7,a7 reevaluate the need for the task forces2 and 7,b7 submit to ,congress a recommendation as to whether the task forces should continue4 ,april #aj1 #bjai,reported without amendment