[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2602 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 435
115th CONGRESS
  2d Session
                                S. 2602

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

                             March 22, 2018

 Mr. Barrasso (for himself, Mr. Whitehouse, Mrs. Capito, Ms. Heitkamp, 
and Ms. Duckworth) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

                              May 24, 2018

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To support carbon dioxide utilization and direct air capture research, 
    to facilitate the permitting and development of carbon capture, 
 utilization, and sequestration projects and carbon dioxide pipelines, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Utilizing Significant 
Emissions with Innovative Technologies Act'' or the ``USE IT 
Act''.</DELETED>

  <DELETED>TITLE I--ENCOURAGING PROJECTS TO REDUCE EMISSIONS</DELETED>

<DELETED>SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND OTHER 
              ACTIVITIES.</DELETED>

<DELETED>    Section 103 of the Clean Air Act (42 U.S.C. 7403) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (c)(3), in the first sentence of 
        the matter preceding subparagraph (A), by striking 
        ``percursors'' and inserting ``precursors''; and</DELETED>
        <DELETED>    (2) in subsection (g)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (4) as subparagraphs (A) through (D), 
                respectively, and indenting appropriately;</DELETED>
                <DELETED>    (B) in the undesignated matter following 
                subparagraph (D) (as so redesignated)--</DELETED>
                        <DELETED>    (i) in the second sentence, by 
                        striking ``The Administrator'' and inserting 
                        the following:</DELETED>
        <DELETED>    ``(5) Coordination and avoidance of duplication.--
        The Administrator''; and</DELETED>
                        <DELETED>    (ii) in the first sentence, by 
                        striking ``Nothing'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(4) Effect of subsection.--Nothing'';</DELETED>
                <DELETED>    (C) in the matter preceding subparagraph 
                (A) (as so redesignated)--</DELETED>
                        <DELETED>    (i) in the third sentence, by 
                        striking ``Such program'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(3) Program inclusions.--The program under this 
        subsection'';</DELETED>
                        <DELETED>    (ii) in the second sentence--
                        </DELETED>
                                <DELETED>    (I) by inserting ``States, 
                                institutions of higher education,'' 
                                after ``scientists,''; and</DELETED>
                                <DELETED>    (II) by striking ``Such 
                                strategies and technologies shall be 
                                developed'' and inserting the 
                                following:</DELETED>
        <DELETED>    ``(2) Participation requirement.--Such strategies 
        and technologies described in paragraph (1) shall be 
        developed''; and</DELETED>
                        <DELETED>    (iii) in the first sentence, by 
                        striking ``In carrying out'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(1) In general.--In carrying out''; 
        and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(6) Certain carbon dioxide activities.--
        </DELETED>
                <DELETED>    ``(A) In general.--In carrying out 
                paragraph (3)(A) with respect to carbon dioxide, the 
                Administrator shall carry out the activities described 
                in each of subparagraphs (B) and (C).</DELETED>
                <DELETED>    ``(B) Direct air capture research.--
                </DELETED>
                        <DELETED>    ``(i) Definitions.--In this 
                        subparagraph:</DELETED>
                                <DELETED>    ``(I) Board.--The term 
                                `Board' means the Direct Air Capture 
                                Technology Advisory Board established 
                                by clause (iii)(I).</DELETED>
                                <DELETED>    ``(II) Dilute.--The term 
                                `dilute' means a concentration of less 
                                than 1 percent by volume.</DELETED>
                                <DELETED>    ``(III) Direct air 
                                capture.--</DELETED>
                                        <DELETED>    ``(aa) In 
                                        general.--The term `direct air 
                                        capture', with respect to a 
                                        facility, technology, or 
                                        system, means that the 
                                        facility, technology, or system 
                                        uses carbon capture equipment 
                                        to capture carbon dioxide 
                                        directly from the 
                                        air.</DELETED>
                                        <DELETED>    ``(bb) 
                                        Exclusion.--The term `direct 
                                        air capture' does not include 
                                        any facility, technology, or 
                                        system that captures carbon 
                                        dioxide--</DELETED>

                                                <DELETED>    ``(AA) 
                                                that is deliberately 
                                                released from a 
                                                naturally occurring 
                                                subsurface spring; 
                                                or</DELETED>

                                                <DELETED>    ``(BB) 
                                                using natural 
                                                photosynthesis.</DELETED>


                                <DELETED>    ``(IV) Intellectual 
                                property.--The term `intellectual 
                                property' means--</DELETED>
                                        <DELETED>    ``(aa) an 
                                        invention that is patentable 
                                        under title 35, United States 
                                        Code; and</DELETED>
                                        <DELETED>    ``(bb) any patent 
                                        on an invention described in 
                                        item (aa).</DELETED>
                        <DELETED>    ``(ii) Technology prizes.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                later than 1 year after the date of 
                                enactment of the USE IT Act, the 
                                Administrator shall establish a program 
                                to provide, and shall provide, 
                                financial awards on a competitive basis 
                                for direct air capture from media in 
                                which the concentration of carbon 
                                dioxide is dilute.</DELETED>
                                <DELETED>    ``(II) Duties.--In 
                                carrying out this clause, the 
                                Administrator shall--</DELETED>
                                        <DELETED>    ``(aa) subject to 
                                        subclause (III), develop 
                                        specific requirements for--
                                        </DELETED>

                                                <DELETED>    ``(AA) the 
                                                competition process; 
                                                and</DELETED>

                                                <DELETED>    ``(BB) 
                                                monitoring and 
                                                verification procedures 
                                                for approved 
                                                projects;</DELETED>

                                        <DELETED>    ``(bb) offer 
                                        financial awards for a project 
                                        designed--</DELETED>

                                                <DELETED>    ``(AA) to 
                                                capture more than 
                                                10,000 tons of carbon 
                                                dioxide per year; 
                                                and</DELETED>

                                                <DELETED>    ``(BB) to 
                                                be deployed at a cost 
                                                of less than $200 per 
                                                ton of carbon dioxide 
                                                captured; and</DELETED>

                                        <DELETED>    ``(cc) to the 
                                        maximum extent practicable, 
                                        make financial awards to 
                                        geographically diverse 
                                        projects, including at least--
                                        </DELETED>

                                                <DELETED>    ``(AA) 1 
                                                project in a coastal 
                                                State; and</DELETED>

                                                <DELETED>    ``(BB) 1 
                                                project in a rural 
                                                State.</DELETED>

                                <DELETED>    ``(III) Public 
                                participation.--In carrying out 
                                subclause (II)(aa), the Board shall--
                                </DELETED>
                                        <DELETED>    ``(aa) provide 
                                        notice of and, for a period of 
                                        not less than 60 days, an 
                                        opportunity for public comment 
                                        on, any draft or proposed 
                                        version of the requirements 
                                        described in subclause 
                                        (II)(aa); and</DELETED>
                                        <DELETED>    ``(bb) take into 
                                        account public comments 
                                        received in developing the 
                                        final version of those 
                                        requirements.</DELETED>
                                <DELETED>    ``(IV) Peer review.--No 
                                financial awards may be provided under 
                                this clause until the proposal for 
                                which the award is sought has been peer 
                                reviewed in accordance with such 
                                standards for peer review as are 
                                established by the 
                                Administrator.</DELETED>
                        <DELETED>    ``(iii) Direct air capture 
                        technology advisory board.--</DELETED>
                                <DELETED>    ``(I) Establishment.--
                                There is established an advisory board 
                                to be known as the `Direct Air Capture 
                                Technology Advisory Board'.</DELETED>
                                <DELETED>    ``(II) Composition.--The 
                                Board shall be composed of 9 members 
                                appointed by the Administrator, who 
                                shall provide expertise in--</DELETED>
                                        <DELETED>    ``(aa) climate 
                                        science;</DELETED>
                                        <DELETED>    ``(bb) 
                                        physics;</DELETED>
                                        <DELETED>    ``(cc) 
                                        chemistry;</DELETED>
                                        <DELETED>    ``(dd) 
                                        biology;</DELETED>
                                        <DELETED>    ``(ee) 
                                        engineering;</DELETED>
                                        <DELETED>    ``(ff) 
                                        economics;</DELETED>
                                        <DELETED>    ``(gg) business 
                                        management; and</DELETED>
                                        <DELETED>    ``(hh) such other 
                                        disciplines as the 
                                        Administrator determines to be 
                                        necessary to achieve the 
                                        purposes of this 
                                        subparagraph.</DELETED>
                                <DELETED>    ``(III) Term; vacancies.--
                                </DELETED>
                                        <DELETED>    ``(aa) Term.--A 
                                        member of the Board shall serve 
                                        for a term of 6 
                                        years.</DELETED>
                                        <DELETED>    ``(bb) 
                                        Vacancies.--A vacancy on the 
                                        Board--</DELETED>

                                                <DELETED>    ``(AA) 
                                                shall not affect the 
                                                powers of the Board; 
                                                and</DELETED>

                                                <DELETED>    ``(BB) 
                                                shall be filled in the 
                                                same manner as the 
                                                original appointment 
                                                was made.</DELETED>

                                <DELETED>    ``(IV) Initial meeting.--
                                Not later than 30 days after the date 
                                on which all members of the Board have 
                                been appointed, the Board shall hold 
                                the initial meeting of the 
                                Board.</DELETED>
                                <DELETED>    ``(V) Meetings.--The Board 
                                shall meet at the call of the 
                                Chairperson.</DELETED>
                                <DELETED>    ``(VI) Quorum.--A majority 
                                of the members of the Board shall 
                                constitute a quorum, but a lesser 
                                number of members may hold 
                                hearings.</DELETED>
                                <DELETED>    ``(VII) Chairperson and 
                                vice chairperson.--The Board shall 
                                select a Chairperson and Vice 
                                Chairperson from among the members of 
                                the Board.</DELETED>
                                <DELETED>    ``(VIII) Compensation.--
                                Each member of the Board may be 
                                compensated at not to exceed the daily 
                                equivalent of the annual rate of basic 
                                pay in effect for a position at level V 
                                of the Executive Schedule under section 
                                5316 of title 5, United States Code, 
                                for each day during which the member is 
                                engaged in the actual performance of 
                                the duties of the Board.</DELETED>
                                <DELETED>    ``(IX) Duties.--The Board 
                                shall advise the Administrator on 
                                carrying out the duties of the 
                                Administrator under this 
                                subparagraph.</DELETED>
                                <DELETED>    ``(X) FACA.--The Federal 
                                Advisory Committee Act (5 U.S.C. App.) 
                                shall apply to the Board.</DELETED>
                        <DELETED>    ``(iv) Intellectual property.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--As a 
                                condition of receiving a financial 
                                award under this subparagraph, an 
                                applicant shall agree to vest the 
                                intellectual property of the applicant 
                                derived from the technology in 1 or 
                                more entities that are incorporated in 
                                the United States.</DELETED>
                                <DELETED>    ``(II) Reservation of 
                                license.--The United States--</DELETED>
                                        <DELETED>    ``(aa) may reserve 
                                        a nonexclusive, 
                                        nontransferable, irrevocable, 
                                        paid-up license, to have 
                                        practiced for or on behalf of 
                                        the United States, in 
                                        connection with any 
                                        intellectual property described 
                                        in subclause (I); but</DELETED>
                                        <DELETED>    ``(bb) shall not, 
                                        in the exercise of a license 
                                        reserved under item (aa), 
                                        publicly disclose proprietary 
                                        information relating to the 
                                        license.</DELETED>
                                <DELETED>    ``(III) Transfer of 
                                title.--Title to any intellectual 
                                property described in subclause (I) 
                                shall not be transferred or passed, 
                                except to an entity that is 
                                incorporated in the United States, 
                                until the expiration of the first 
                                patent obtained in connection with the 
                                intellectual property.</DELETED>
                        <DELETED>    ``(v) Authorization of 
                        appropriations.--There is authorized to be 
                        appropriated to carry out this subparagraph 
                        $25,000,000, to remain available until 
                        expended.</DELETED>
                        <DELETED>    ``(vi) Termination of authority.--
                        The Board and all authority provided under this 
                        subparagraph shall terminate on December 31, 
                        2028.</DELETED>
                <DELETED>    ``(C) Carbon dioxide utilization 
                research.--</DELETED>
                        <DELETED>    ``(i) Definition of carbon dioxide 
                        utilization.--In this subparagraph, the term 
                        `carbon dioxide utilization' refers to 
                        technologies or approaches that lead to the use 
                        of carbon dioxide--</DELETED>
                                <DELETED>    ``(I) through the fixation 
                                of carbon dioxide through 
                                photosynthesis or chemosynthesis, such 
                                as through the growing of algae or 
                                bacteria;</DELETED>
                                <DELETED>    ``(II) through the 
                                chemical conversion of carbon dioxide 
                                to a material or chemical compound in 
                                which the carbon dioxide is securely 
                                stored; or</DELETED>
                                <DELETED>    ``(III) through the use of 
                                carbon dioxide for any other purpose 
                                for which a commercial market exists, 
                                as determined by the 
                                Administrator.</DELETED>
                        <DELETED>    ``(ii) Program.--The Administrator 
                        shall carry out a research and development 
                        program for carbon dioxide utilization to 
                        promote technologies that transform carbon 
                        dioxide generated by industrial processes into 
                        a product of commercial value, or as an input 
                        to products of commercial value.</DELETED>
                        <DELETED>    ``(iii) Technical and financial 
                        assistance.--Not later than 2 years after the 
                        date of enactment of the USE IT Act, in 
                        carrying out this subsection, the Administrator 
                        shall support research and infrastructure 
                        activities relating to carbon dioxide 
                        utilization by providing technical assistance 
                        and financial assistance in accordance with 
                        clause (iv).</DELETED>
                        <DELETED>    ``(iv) Eligibility.--To be 
                        eligible to receive technical assistance and 
                        financial assistance under clause (iii), a 
                        carbon dioxide utilization project shall--
                        </DELETED>
                                <DELETED>    ``(I) have access to an 
                                emissions stream generated by a 
                                stationary source within the United 
                                States that is capable of supplying not 
                                less than 250 metric tons per day of 
                                carbon dioxide for research;</DELETED>
                                <DELETED>    ``(II) have access to 
                                adequate space for a laboratory and 
                                equipment for testing small-scale 
                                carbon dioxide utilization 
                                technologies, with onsite access to 
                                larger test bays for scale-up; 
                                and</DELETED>
                                <DELETED>    ``(III) have existing 
                                partnerships with institutions of 
                                higher education, private companies, 
                                States, or other government 
                                entities.</DELETED>
                        <DELETED>    ``(v) Coordination.--In supporting 
                        carbon dioxide utilization projects under this 
                        paragraph, the Administrator shall collaborate, 
                        as appropriate, with the head of any relevant 
                        Federal agency, States, the private sector, and 
                        institutions of higher education to develop 
                        methods and technologies to account for the 
                        carbon dioxide emissions avoided by the carbon 
                        dioxide utilization projects.</DELETED>
                        <DELETED>    ``(vi) Authorization of 
                        appropriations.--There is authorized to be 
                        appropriated to carry out this subparagraph 
                        $50,000,000, to remain available until 
                        expended.</DELETED>
                <DELETED>    ``(D) Report on carbon dioxide 
                nonregulatory strategies and technologies.--</DELETED>
                        <DELETED>    ``(i) In general.--Not less 
                        frequently than once every 2 years, the 
                        Administrator shall submit to the Committee on 
                        Environment and Public Works of the Senate and 
                        the Committee on Energy and Commerce of the 
                        House of Representatives a report that 
                        describes--</DELETED>
                                <DELETED>    ``(I) the recipients of 
                                assistance under subparagraphs (B) and 
                                (C); and</DELETED>
                                <DELETED>    ``(II) a plan for 
                                supporting additional nonregulatory 
                                strategies and technologies that could 
                                significantly prevent carbon dioxide 
                                emissions or reduce carbon dioxide 
                                levels in the air, in conjunction with 
                                other Federal agencies.</DELETED>
                        <DELETED>    ``(ii) Inclusions.--The plan 
                        submitted under clause (i) shall include--
                        </DELETED>
                                <DELETED>    ``(I) a methodology for 
                                evaluating and ranking technologies 
                                based on the ability of the 
                                technologies to cost effectively reduce 
                                carbon dioxide emissions or carbon 
                                dioxide levels in the air; 
                                and</DELETED>
                                <DELETED>    ``(II) a description of 
                                any nonair-related environmental or 
                                energy considerations regarding the 
                                technologies.''.</DELETED>

<DELETED>TITLE II--IMPROVEMENT OF PERMITTING PROCESS FOR CARBON DIOXIDE 
             CAPTURE AND INFRASTRUCTURE PROJECTS</DELETED>

<DELETED>SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUCTURE 
              PROJECTS.</DELETED>

<DELETED>    Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) in the matter preceding clause (i), by 
                inserting ``carbon capture,'' before ``renewable or 
                conventional'';</DELETED>
                <DELETED>    (B) in clause (i)(III), by striking ``or'' 
                at the end;</DELETED>
                <DELETED>    (C) by redesignating clause (ii) as clause 
                (iii); and</DELETED>
                <DELETED>    (D) by inserting after clause (i) the 
                following:</DELETED>
                        <DELETED>    ``(ii) is covered by a 
                        programmatic plan or environmental review 
                        developed for the primary purpose of 
                        facilitating development of carbon dioxide 
                        pipelines; or''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) Associated definition.--For purposes 
                of subparagraph (A), the term `construction of 
                infrastructure for carbon capture' includes 
                construction of any facility, technology, or system 
                that captures, utilizes, or sequesters carbon dioxide 
                emissions and carbon dioxide pipelines.''.</DELETED>

<DELETED>SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZATION, AND 
              SEQUESTRATION PERMITTING GUIDANCE AND REGIONAL PERMITTING 
              TASK FORCE.</DELETED>

<DELETED>    (a) Development of Guidance.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Chair of the Council on 
        Environmental Quality (referred to in this section as the 
        ``Chair''), in consultation with the Administrator of the 
        Environmental Protection Agency, the Secretary of Energy, the 
        Secretary of the Interior, and the head of any other relevant 
        Federal agency (as determined by the President), shall prepare 
        guidance--</DELETED>
                <DELETED>    (A) to facilitate reviews associated with 
                the deployment of carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines; 
                and</DELETED>
                <DELETED>    (B) that identifies current or emerging 
                activities that transform captured carbon dioxide into 
                a product of commercial value, or as an input to 
                products of commercial value.</DELETED>
        <DELETED>    (2) Requirements.--The guidance under paragraph 
        (1) shall--</DELETED>
                <DELETED>    (A) address requirements under--</DELETED>
                        <DELETED>    (i) the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.);</DELETED>
                        <DELETED>    (ii) the Federal Water Pollution 
                        Control Act (33 U.S.C. 1251 et seq.);</DELETED>
                        <DELETED>    (iii) the Clean Air Act (42 U.S.C. 
                        7401 et seq.);</DELETED>
                        <DELETED>    (iv) the Safe Drinking Water Act 
                        (42 U.S.C. 300f et seq.);</DELETED>
                        <DELETED>    (v) the Endangered Species Act of 
                        1973 (16 U.S.C. 1531 et seq.);</DELETED>
                        <DELETED>    (vi) division A of subtitle III of 
                        title 54, United States Code (formerly known as 
                        the ``National Historic Preservation 
                        Act'');</DELETED>
                        <DELETED>    (vii) the Migratory Bird Treaty 
                        Act (16 U.S.C. 703 et seq.);</DELETED>
                        <DELETED>    (viii) the Act of June 8, 1940 (16 
                        U.S.C. 668 et seq.) (commonly known as the 
                        ``Bald and Golden Eagle Protection Act''); 
                        and</DELETED>
                        <DELETED>    (ix) any other Federal law that 
                        the Chair determines to be appropriate; 
                        and</DELETED>
                <DELETED>    (B) include guidance to States for the 
                development of programmatic environmental reviews under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) for siting, analyzing, and 
                authorizing carbon dioxide pipeline networks.</DELETED>
        <DELETED>    (3) Submission; publication.--The Chair shall--
        </DELETED>
                <DELETED>    (A) submit the guidance under paragraph 
                (1) to the Committee on Environment and Public Works of 
                the Senate and the Committee on Energy and Commerce of 
                the House of Representatives; and</DELETED>
                <DELETED>    (B) publish and make publicly available 
                the guidance under paragraph (1).</DELETED>
<DELETED>    (b) Task Force.--</DELETED>
        <DELETED>    (1) Establishment.--Not later than 18 months after 
        the date of enactment of this Act, the Chair shall establish 
        not less than 2 task forces, which shall each cover a different 
        geographical area that faces differing demographic, land use, 
        or geological issues, to identify permitting challenges that 
        permitting authorities and project developers and operators 
        face.</DELETED>
        <DELETED>    (2) Members and selection.--</DELETED>
                <DELETED>    (A) In general.--The Chair shall--
                </DELETED>
                        <DELETED>    (i) develop criteria for the 
                        selection of members to each task force; 
                        and</DELETED>
                        <DELETED>    (ii) select members for each task 
                        force in accordance with clause (i) and 
                        subparagraph (B).</DELETED>
                <DELETED>    (B) Members.--Each task force--</DELETED>
                        <DELETED>    (i) shall include not less than 1 
                        representative of each of--</DELETED>
                                <DELETED>    (I) the Environmental 
                                Protection Agency;</DELETED>
                                <DELETED>    (II) the Department of 
                                Energy;</DELETED>
                                <DELETED>    (III) the Department of 
                                the Interior;</DELETED>
                                <DELETED>    (IV) any other Federal 
                                agency the Chair determines to be 
                                appropriate;</DELETED>
                                <DELETED>    (V) any State that 
                                requests participation in the 
                                geographical area covered by the task 
                                force;</DELETED>
                                <DELETED>    (VI) industry; 
                                and</DELETED>
                                <DELETED>    (VII) nongovernmental 
                                organizations; and</DELETED>
                        <DELETED>    (ii) at the request of a Tribal or 
                        local government, may include a representative 
                        of--</DELETED>
                                <DELETED>    (I) not less than 1 local 
                                government in the geographical area 
                                covered by the task force; 
                                and</DELETED>
                                <DELETED>    (II) not less than 1 
                                Tribal government in the geographical 
                                area covered by the task 
                                force.</DELETED>
        <DELETED>    (3) Meetings.--</DELETED>
                <DELETED>    (A) In general.--Each task force shall 
                meet not less than twice each year.</DELETED>
                <DELETED>    (B) Joint meeting.--To the maximum extent 
                practicable, the task forces shall meet collectively 
                not less than once each year.</DELETED>
        <DELETED>    (4) Duties.--Each task force shall--</DELETED>
                <DELETED>    (A) inventory existing or potential 
                approaches to facilitate reviews associated with the 
                deployment of carbon capture, utilization, and 
                sequestration projects and carbon dioxide 
                pipelines;</DELETED>
                <DELETED>    (B) develop common models for State-level 
                carbon dioxide pipeline regulation and oversight 
                guidelines that can be shared with States in the 
                geographical area covered by the task force;</DELETED>
                <DELETED>    (C) provide technical assistance to States 
                in the geographical area covered by the task force in 
                implementing regulatory requirements and any models 
                developed under subparagraph (B); and</DELETED>
                <DELETED>    (D) develop guidance for relevant Federal 
                agencies on how to develop and research technologies 
                that--</DELETED>
                        <DELETED>    (i) can capture carbon dioxide; 
                        and</DELETED>
                        <DELETED>    (ii) would be able to be deployed 
                        within the region covered by the task force, 
                        including any projects that have received 
                        technical or financial assistance for research 
                        under paragraph (6) of section 103(g) of the 
                        Clean Air Act (42 U.S.C. 7403(g)).</DELETED>
        <DELETED>    (5) Report.--Each year, each task force shall 
        prepare and submit to the Chair and to the other task forces a 
        report that includes--</DELETED>
                <DELETED>    (A) any recommendations for improvements 
                in the issuance or administration of Federal permits 
                and other Federal authorizations required under a law 
                described in subsection (a)(2)(A); and</DELETED>
                <DELETED>    (B) any other nationally relevant 
                information that the task force has collected in 
                carrying out the duties under paragraph (4).</DELETED>
        <DELETED>    (6) Evaluation and revision.--The Chair shall--
        </DELETED>
                <DELETED>    (A) evaluate the reports under paragraph 
                (5) and, as necessary, revise the guidance under 
                subsection (a); and</DELETED>
                <DELETED>    (B) submit to the Committee on Environment 
                and Public Works of the Senate, the Committee on Energy 
                and Commerce of the House of Representatives, and 
                relevant Federal agencies each year any revisions to 
                the guidance under subsection (a) and a report that 
                describes any recommendations for legislation, rules, 
                or revisions to rules that would address the issues 
                identified by the task forces under paragraph 
                (5).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utilizing Significant Emissions with 
Innovative Technologies Act'' or the ``USE IT Act''.

           TITLE I--ENCOURAGING PROJECTS TO REDUCE EMISSIONS

SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES.

    Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
            (1) in subsection (c)(3), in the first sentence of the 
        matter preceding subparagraph (A), by striking ``percursors'' 
        and inserting ``precursors''; and
            (2) in subsection (g)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and 
                indenting appropriately;
                    (B) in the undesignated matter following 
                subparagraph (D) (as so redesignated)--
                            (i) in the second sentence, by striking 
                        ``The Administrator'' and inserting the 
                        following:
            ``(5) Coordination and avoidance of duplication.--The 
        Administrator''; and
                            (ii) in the first sentence, by striking 
                        ``Nothing'' and inserting the following:
            ``(4) Effect of subsection.--Nothing'';
                    (C) in the matter preceding subparagraph (A) (as so 
                redesignated)--
                            (i) in the third sentence, by striking 
                        ``Such program'' and inserting the following:
            ``(3) Program inclusions.--The program under this 
        subsection'';
                            (ii) in the second sentence--
                                    (I) by inserting ``States, 
                                institutions of higher education,'' 
                                after ``scientists,''; and
                                    (II) by striking ``Such strategies 
                                and technologies shall be developed'' 
                                and inserting the following:
            ``(2) Participation requirement.--Such strategies and 
        technologies described in paragraph (1) shall be developed''; 
        and
                            (iii) in the first sentence, by striking 
                        ``In carrying out'' and inserting the 
                        following:
            ``(1) In general.--In carrying out''; and
                    (D) by adding at the end the following:
            ``(6) Certain carbon dioxide activities.--
                    ``(A) In general.--In carrying out paragraph (3)(A) 
                with respect to carbon dioxide, the Administrator shall 
                carry out the activities described in each of 
                subparagraphs (B), (C), (D), and (E).
                    ``(B) Direct air capture research.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Board.--The term `Board' 
                                means the Direct Air Capture Technology 
                                Advisory Board established by clause 
                                (iii)(I).
                                    ``(II) Dilute.--The term `dilute' 
                                means a concentration of less than 1 
                                percent by volume.
                                    ``(III) Direct air capture.--
                                            ``(aa) In general.--The 
                                        term `direct air capture', with 
                                        respect to a facility, 
                                        technology, or system, means 
                                        that the facility, technology, 
                                        or system uses carbon capture 
                                        equipment to capture carbon 
                                        dioxide directly from the air.
                                            ``(bb) Exclusion.--The term 
                                        `direct air capture' does not 
                                        include any facility, 
                                        technology, or system that 
                                        captures carbon dioxide--

                                                    ``(AA) that is 
                                                deliberately released 
                                                from a naturally 
                                                occurring subsurface 
                                                spring; or

                                                    ``(BB) using 
                                                natural photosynthesis.

                                    ``(IV) Intellectual property.--The 
                                term `intellectual property' means--
                                            ``(aa) an invention that is 
                                        patentable under title 35, 
                                        United States Code; and
                                            ``(bb) any patent on an 
                                        invention described in item 
                                        (aa).
                            ``(ii) Technology prizes.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of the 
                                USE IT Act, the Administrator, in 
                                consultation with the Secretary of 
                                Energy, shall establish a program to 
                                provide, and shall provide, financial 
                                awards on a competitive basis for 
                                direct air capture from media in which 
                                the concentration of carbon dioxide is 
                                dilute.
                                    ``(II) Duties.--In carrying out 
                                this clause, the Administrator shall--
                                            ``(aa) subject to subclause 
                                        (III), develop specific 
                                        requirements for--

                                                    ``(AA) the 
                                                competition process; 
                                                and

                                                    ``(BB) monitoring 
                                                and verification 
                                                procedures for approved 
                                                projects;

                                            ``(bb) offer financial 
                                        awards for a project designed--

                                                    ``(AA) to capture 
                                                more than 10,000 tons 
                                                of carbon dioxide per 
                                                year; and

                                                    ``(BB) to be 
                                                deployed at a cost of 
                                                less than $200 per ton 
                                                of carbon dioxide 
                                                captured; and

                                            ``(cc) to the maximum 
                                        extent practicable, make 
                                        financial awards to 
                                        geographically diverse 
                                        projects, including at least--

                                                    ``(AA) 1 project in 
                                                a coastal State; and

                                                    ``(BB) 1 project in 
                                                a rural State.

                                    ``(III) Public participation.--In 
                                carrying out subclause (II)(aa), the 
                                Administrator shall--
                                            ``(aa) provide notice of 
                                        and, for a period of not less 
                                        than 60 days, an opportunity 
                                        for public comment on, any 
                                        draft or proposed version of 
                                        the requirements described in 
                                        subclause (II)(aa); and
                                            ``(bb) take into account 
                                        public comments received in 
                                        developing the final version of 
                                        those requirements.
                                    ``(IV) Peer review.--No financial 
                                awards may be provided under this 
                                clause until the proposal for which the 
                                award is sought has been peer reviewed 
                                in accordance with such standards for 
                                peer review as are established by the 
                                Administrator.
                            ``(iii) Direct air capture technology 
                        advisory board.--
                                    ``(I) Establishment.--There is 
                                established an advisory board to be 
                                known as the `Direct Air Capture 
                                Technology Advisory Board'.
                                    ``(II) Composition.--The Board 
                                shall be composed of 9 members 
                                appointed by the Administrator, who 
                                shall provide expertise in--
                                            ``(aa) climate science;
                                            ``(bb) physics;
                                            ``(cc) chemistry;
                                            ``(dd) biology;
                                            ``(ee) engineering;
                                            ``(ff) economics;
                                            ``(gg) business management; 
                                        and
                                            ``(hh) such other 
                                        disciplines as the 
                                        Administrator determines to be 
                                        necessary to achieve the 
                                        purposes of this subparagraph.
                                    ``(III) Term; vacancies.--
                                            ``(aa) Term.--A member of 
                                        the Board shall serve for a 
                                        term of 6 years.
                                            ``(bb) Vacancies.--A 
                                        vacancy on the Board--

                                                    ``(AA) shall not 
                                                affect the powers of 
                                                the Board; and

                                                    ``(BB) shall be 
                                                filled in the same 
                                                manner as the original 
                                                appointment was made.

                                    ``(IV) Initial meeting.--Not later 
                                than 30 days after the date on which 
                                all members of the Board have been 
                                appointed, the Board shall hold the 
                                initial meeting of the Board.
                                    ``(V) Meetings.--The Board shall 
                                meet at the call of the Chairperson.
                                    ``(VI) Quorum.--A majority of the 
                                members of the Board shall constitute a 
                                quorum, but a lesser number of members 
                                may hold hearings.
                                    ``(VII) Chairperson and vice 
                                chairperson.--The Board shall select a 
                                Chairperson and Vice Chairperson from 
                                among the members of the Board.
                                    ``(VIII) Compensation.--Each member 
                                of the Board may be compensated at not 
                                to exceed the daily equivalent of the 
                                annual rate of basic pay in effect for 
                                a position at level V of the Executive 
                                Schedule under section 5316 of title 5, 
                                United States Code, for each day during 
                                which the member is engaged in the 
                                actual performance of the duties of the 
                                Board.
                                    ``(IX) Duties.--The Board shall 
                                advise the Administrator on carrying 
                                out the duties of the Administrator 
                                under this subparagraph.
                                    ``(X) FACA.--The Federal Advisory 
                                Committee Act (5 U.S.C. App.) shall 
                                apply to the Board.
                            ``(iv) Intellectual property.--
                                    ``(I) In general.--As a condition 
                                of receiving a financial award under 
                                this subparagraph, an applicant shall 
                                agree to vest the intellectual property 
                                of the applicant derived from the 
                                technology in 1 or more entities that 
                                are incorporated in the United States.
                                    ``(II) Reservation of license.--The 
                                United States--
                                            ``(aa) may reserve a 
                                        nonexclusive, nontransferable, 
                                        irrevocable, paid-up license, 
                                        to have practiced for or on 
                                        behalf of the United States, in 
                                        connection with any 
                                        intellectual property described 
                                        in subclause (I); but
                                            ``(bb) shall not, in the 
                                        exercise of a license reserved 
                                        under item (aa), publicly 
                                        disclose proprietary 
                                        information relating to the 
                                        license.
                                    ``(III) Transfer of title.--Title 
                                to any intellectual property described 
                                in subclause (I) shall not be 
                                transferred or passed, except to an 
                                entity that is incorporated in the 
                                United States, until the expiration of 
                                the first patent obtained in connection 
                                with the intellectual property.
                            ``(v) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this subparagraph $25,000,000, to remain 
                        available until expended.
                            ``(vi) Termination of authority.--The Board 
                        and all authority provided under this 
                        subparagraph shall terminate on December 31, 
                        2028.
                    ``(C) Carbon dioxide utilization research.--
                            ``(i) Definition of carbon dioxide 
                        utilization.--In this subparagraph, the term 
                        `carbon dioxide utilization' refers to 
                        technologies or approaches that lead to the use 
                        of carbon dioxide--
                                    ``(I) through the fixation of 
                                carbon dioxide through photosynthesis 
                                or chemosynthesis, such as through the 
                                growing of algae or bacteria;
                                    ``(II) through the chemical 
                                conversion of carbon dioxide to a 
                                material or chemical compound in which 
                                the carbon dioxide is securely stored; 
                                or
                                    ``(III) through the use of carbon 
                                dioxide for any other purpose for which 
                                a commercial market exists, as 
                                determined by the Administrator.
                            ``(ii) Program.--The Administrator, in 
                        consultation with the Secretary of Energy, 
                        shall carry out a research and development 
                        program for carbon dioxide utilization to 
                        promote existing and new technologies that 
                        transform carbon dioxide generated by 
                        industrial processes into a product of 
                        commercial value, or as an input to products of 
                        commercial value.
                            ``(iii) Technical and financial 
                        assistance.--Not later than 2 years after the 
                        date of enactment of the USE IT Act, in 
                        carrying out this subsection, the 
                        Administrator, in consultation with the 
                        Secretary of Energy, shall support research and 
                        infrastructure activities relating to carbon 
                        dioxide utilization by providing technical 
                        assistance and financial assistance in 
                        accordance with clause (iv).
                            ``(iv) Eligibility.--To be eligible to 
                        receive technical assistance and financial 
                        assistance under clause (iii), a carbon dioxide 
                        utilization project shall--
                                    ``(I) have access to an emissions 
                                stream generated by a stationary source 
                                within the United States that is 
                                capable of supplying not less than 250 
                                metric tons per day of carbon dioxide 
                                for research;
                                    ``(II) have access to adequate 
                                space for a laboratory and equipment 
                                for testing small-scale carbon dioxide 
                                utilization technologies, with onsite 
                                access to larger test bays for scale-
                                up; and
                                    ``(III) have existing partnerships 
                                with institutions of higher education, 
                                private companies, States, or other 
                                government entities.
                            ``(v) Coordination.--In supporting carbon 
                        dioxide utilization projects under this 
                        paragraph, the Administrator shall consult with 
                        the Secretary of Energy, and, as appropriate, 
                        with the head of any other relevant Federal 
                        agency, States, the private sector, and 
                        institutions of higher education to develop 
                        methods and technologies to account for the 
                        carbon dioxide emissions avoided by the carbon 
                        dioxide utilization projects, including the 
                        consideration of lifecycle analysis developed 
                        pursuant to section 45Q(f)(5)(B) of the 
                        Internal Revenue Code of 1986.
                            ``(vi) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this subparagraph $50,000,000, to remain 
                        available until expended.
                    ``(D) Deep saline formation report.--
                            ``(i) Definition of deep saline 
                        formation.--
                                    ``(I) In general.--In this 
                                subparagraph, the term `deep saline 
                                formation' means a formation of 
                                subsurface geographically extensive 
                                sedimentary rock layers saturated with 
                                waters or brines that have a high total 
                                dissolved solids content and that are 
                                below the depth where carbon dioxide 
                                can exist in the formation as a 
                                supercritical fluid.
                                    ``(II) Clarification.--In this 
                                subparagraph, the term `deep saline 
                                formation' does not include oil and gas 
                                reservoirs.
                            ``(ii) Report.--In consultation with the 
                        Secretary of Energy, and, as appropriate, with 
                        the head of any other relevant Federal agency 
                        and relevant stakeholders, not later than 1 
                        year after the date of enactment of the USE IT 
                        Act, the Administrator shall prepare, submit to 
                        Congress, and make publicly available a report 
                        that includes--
                                    ``(I) a comprehensive 
                                identification of potential risks and 
                                benefits to project developers 
                                associated with increased storage of 
                                carbon dioxide captured from stationary 
                                sources in deep saline formations, 
                                using existing research;
                                    ``(II) recommendations for managing 
                                the potential risks identified under 
                                subclause (I), including potential 
                                risks unique to public land; and
                                    ``(III) recommendations for Federal 
                                legislation or other policy changes to 
                                mitigate any potential risks identified 
                                under subclause (I).
                    ``(E) Report on carbon dioxide nonregulatory 
                strategies and technologies.--
                            ``(i) In general.--Not less frequently than 
                        once every 2 years, the Administrator shall 
                        submit to the Committee on Environment and 
                        Public Works of the Senate and the Committee on 
                        Energy and Commerce of the House of 
                        Representatives a report that describes--
                                    ``(I) the recipients of assistance 
                                under subparagraphs (B) and (C); and
                                    ``(II) a plan for supporting 
                                additional nonregulatory strategies and 
                                technologies that could significantly 
                                prevent carbon dioxide emissions or 
                                reduce carbon dioxide levels in the 
                                air, in conjunction with other Federal 
                                agencies.
                            ``(ii) Inclusions.--The plan submitted 
                        under clause (i) shall include--
                                    ``(I) a methodology for evaluating 
                                and ranking technologies based on the 
                                ability of the technologies to cost 
                                effectively reduce carbon dioxide 
                                emissions or carbon dioxide levels in 
                                the air; and
                                    ``(II) a description of any nonair-
                                related environmental or energy 
                                considerations regarding the 
                                technologies.''.

TITLE II--IMPROVEMENT OF PERMITTING PROCESS FOR CARBON DIOXIDE CAPTURE 
                      AND INFRASTRUCTURE PROJECTS

SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUCTURE PROJECTS.

    Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``carbon capture,'' before ``renewable or 
                conventional'';
                    (B) in clause (i)(III), by striking ``or'' at the 
                end;
                    (C) by redesignating clause (ii) as clause (iii); 
                and
                    (D) by inserting after clause (i) the following:
                            ``(ii) is covered by a programmatic plan or 
                        environmental review developed for the primary 
                        purpose of facilitating development of carbon 
                        dioxide pipelines; or''; and
            (2) by adding at the end the following:
                    ``(C) Associated definition.--For purposes of 
                subparagraph (A), the term `construction of 
                infrastructure for carbon capture' includes 
                construction of any facility, technology, or system 
                that captures, utilizes, or sequesters carbon dioxide 
                emissions and carbon dioxide pipelines.''.

SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION 
              REPORT, PERMITTING GUIDANCE, AND REGIONAL PERMITTING TASK 
              FORCE.

    (a) Definition of Efficient, Orderly, and Responsible.--In this 
section, the term ``efficient, orderly, and responsible'' means, with 
respect to development or the permitting process for carbon capture, 
utilization, and sequestration projects and carbon dioxide pipelines, a 
process that is completed in an expeditious manner while maintaining 
environmental, health, and safety protections.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Chair of the Council on 
        Environmental Quality (referred to in this section as the 
        ``Chair''), in consultation with the Administrator of the 
        Environmental Protection Agency, the Secretary of Energy, the 
        Secretary of the Interior, the Executive Director of the 
        Federal Permitting Improvement Council, and the head of any 
        other relevant Federal agency (as determined by the President), 
        shall prepare a report that--
                    (A) compiles all existing relevant Federal 
                permitting and review information and resources for 
                project applicants, agencies, and other stakeholders 
                interested in the deployment of carbon capture, 
                utilization, and sequestration projects and carbon 
                dioxide pipelines, including--
                            (i) the appropriate points of interaction 
                        with Federal agencies;
                            (ii) clarification of the permitting 
                        responsibilities and authorities among Federal 
                        agencies; and
                            (iii) best practices and templates for 
                        permitting;
                    (B) inventories current or emerging activities that 
                transform captured carbon dioxide into a product of 
                commercial value, or as an input to products of 
                commercial value;
                    (C) identifies gaps in the current Federal 
                regulatory framework for the deployment of carbon 
                capture, utilization, and sequestration projects and 
                carbon dioxide pipelines;
                    (D) identifies Federal financing mechanisms 
                available to project developers, including tax credits 
                under section 45Q of the Internal Revenue Code of 1986; 
                and
                    (E) identifies any lifecycle analysis developed 
                pursuant to section 45Q(f)(5)(B) of the Internal 
                Revenue Code of 1986.
            (2) Submission; publication.--The Chair shall--
                    (A) submit the report under paragraph (1) to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Energy and Commerce of the House 
                of Representatives; and
                    (B) as soon as practicable, make the report 
                publicly available.
    (c) Guidance.--
            (1) In general.--After submission of the report under 
        subsection (b)(2), but not later than 1 year after the date of 
        enactment of this Act, the Chair shall submit guidance 
        consistent with that report to all relevant Federal agencies 
        that--
                    (A) facilitates reviews associated with the 
                deployment of carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines; 
                and
                    (B) supports the efficient, orderly, and 
                responsible development of carbon capture, utilization, 
                and sequestration projects and carbon dioxide 
                pipelines.
            (2) Requirements.--
                    (A) In general.--The guidance under paragraph (1) 
                shall address requirements under--
                            (i) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.);
                            (ii) the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.);
                            (iii) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (iv) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (v) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (vi) division A of subtitle III of title 
                        54, United States Code (formerly known as the 
                        ``National Historic Preservation Act'');
                            (vii) the Migratory Bird Treaty Act (16 
                        U.S.C. 703 et seq.);
                            (viii) the Act of June 8, 1940 (16 U.S.C. 
                        668 et seq.) (commonly known as the ``Bald and 
                        Golden Eagle Protection Act''); and
                            (ix) any other Federal law that the Chair 
                        determines to be appropriate.
                    (B) Environmental reviews.--The guidance under 
                paragraph (1) shall include direction to States and 
                other interested parties for the development of 
                programmatic environmental reviews under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) for carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines.
                    (C) Public involvement.--The guidance under 
                paragraph (1) shall be subject to the public notice, 
                comment, and solicitation of information procedures 
                under section 1506.6 of title 40, Code of Federal 
                Regulations (or a successor regulation).
            (3) Submission; publication.--The Chair shall--
                    (A) submit the guidance under paragraph (1) to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Energy and Commerce of the House 
                of Representatives; and
                    (B) as soon as practicable, make the guidance 
                publicly available.
            (4) Evaluation.--The Chair shall--
                    (A) periodically evaluate the reports of the task 
                forces under subsection (d)(5) and, as necessary, 
                revise the guidance under paragraph (1); and
                    (B) each year, submit to the Committee on 
                Environment and Public Works of the Senate, the 
                Committee on Energy and Commerce of the House of 
                Representatives, and relevant Federal agencies a report 
                that describes any recommendations for legislation, 
                rules, revisions to rules, or other policies that would 
                address the issues identified by the task forces under 
                subsection (d)(5).
    (d) Task Force.--
            (1) Establishment.--Not later than 18 months after the date 
        of enactment of this Act, the Chair shall establish not less 
        than 2 task forces, which shall each cover a different 
        geographical area with differing demographic, land use, or 
        geological issues--
                    (A) to identify permitting and other challenges and 
                successes that permitting authorities and project 
                developers and operators face; and
                    (B) to improve the performance of the permitting 
                process and regional coordination for the purpose of 
                promoting the efficient, orderly, and responsible 
                development of carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines.
            (2) Members and selection.--
                    (A) In general.--The Chair shall--
                            (i) develop criteria for the selection of 
                        members to each task force; and
                            (ii) select members for each task force in 
                        accordance with clause (i) and subparagraph 
                        (B).
                    (B) Members.--Each task force--
                            (i) shall include not less than 1 
                        representative of each of--
                                    (I) the Environmental Protection 
                                Agency;
                                    (II) the Department of Energy;
                                    (III) the Department of the 
                                Interior;
                                    (IV) any other Federal agency the 
                                Chair determines to be appropriate;
                                    (V) any State that requests 
                                participation in the geographical area 
                                covered by the task force;
                                    (VI) developers or operators of 
                                carbon capture, utilization, and 
                                sequestration projects or carbon 
                                dioxide pipelines; and
                                    (VII) nongovernmental membership 
                                organizations, the primary mission of 
                                which concerns protection of the 
                                environment; and
                            (ii) at the request of a Tribal or local 
                        government, may include a representative of--
                                    (I) not less than 1 local 
                                government in the geographical area 
                                covered by the task force; and
                                    (II) not less than 1 Tribal 
                                government in the geographical area 
                                covered by the task force.
            (3) Meetings.--
                    (A) In general.--Each task force shall meet not 
                less than twice each year.
                    (B) Joint meeting.--To the maximum extent 
                practicable, the task forces shall meet collectively 
                not less than once each year.
            (4) Duties.--Each task force shall--
                    (A) inventory existing or potential Federal and 
                State approaches to facilitate reviews associated with 
                the deployment of carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines, 
                including best practices that--
                            (i) avoid duplicative reviews;
                            (ii) engage stakeholders early in the 
                        permitting process; and
                            (iii) make the permitting process 
                        efficient, orderly, and responsible.
                    (B) develop common models for State-level carbon 
                dioxide pipeline regulation and oversight guidelines 
                that can be shared with States in the geographical area 
                covered by the task force;
                    (C) provide technical assistance to States in the 
                geographical area covered by the task force in 
                implementing regulatory requirements and any models 
                developed under subparagraph (B);
                    (D) inventory current or emerging activities that 
                transform captured carbon dioxide into a product of 
                commercial value, or as an input to products of 
                commercial value;
                    (E) identify gaps in the current Federal and State 
                regulatory framework and in existing data for the 
                deployment of carbon capture, utilization, and 
                sequestration projects and carbon dioxide pipelines;
                    (F) identify Federal and State financing mechanisms 
                available to project developers, including tax credits 
                under section 45Q of the Internal Revenue Code of 1986;
                    (G) identify any lifecycle analysis developed 
                pursuant to section 45Q(f)(5)(B) of the Internal 
                Revenue Code of 1986; and
                    (H) develop recommendations for relevant Federal 
                agencies on how to develop and research technologies 
                that--
                            (i) can capture carbon dioxide; and
                            (ii) would be able to be deployed within 
                        the region covered by the task force, including 
                        any projects that have received technical or 
                        financial assistance for research under 
                        paragraph (6) of section 103(g) of the Clean 
                        Air Act (42 U.S.C. 7403(g)).
            (5) Report.--Each year, each task force shall prepare and 
        submit to the Chair and to the other task forces a report that 
        includes--
                    (A) any recommendations for improvements in 
                efficient, orderly, and responsible issuance or 
                administration of Federal permits and other Federal 
                authorizations required under a law described in 
                subsection (c)(2)(A); and
                    (B) any other nationally relevant information that 
                the task force has collected in carrying out the duties 
                under paragraph (4).
            (6) Evaluation.--Not later than December 31, 2023, the 
        Chair shall--
                    (A) reevaluate the need for the task forces; and
                    (B) submit to Congress a recommendation as to 
                whether the task forces should continue.
                                                       Calendar No. 435

115th CONGRESS

  2d Session

                                S. 2602

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 24, 2018

                       Reported with an amendment