[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2657 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2657
To support innovation in advanced geothermal research and development,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 22, 2019
Ms. Murkowski (for herself and Mr. Manchin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To support innovation in advanced geothermal research and development,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Geothermal Innovation
Leadership Act of 2019'' or the ``AGILE Act of 2019''.
SEC. 2. UPDATE TO GEOTHERMAL RESOURCE ASSESSMENT.
Section 2501 of the Energy Policy Act of 1992 (30 U.S.C. 1028) is
amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Enhanced Geothermal Systems.--In this section,
the term `enhanced geothermal systems' has the meaning given the term
in section 612 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17191).'';
(3) by inserting after subsection (b) (as so redesignated)
the following:
``(c) Update to Geothermal Resource Assessment.--The Secretary of
the Interior, acting through the United States Geological Survey, and
in consultation with the Secretary of Energy, shall update the United
States geothermal resource assessment carried out by the United States
Geological Survey, including by focusing on--
``(1) with respect to areas previously identified by the
Department of Energy or the United States Geological Survey as
having significant potential for hydrothermal energy or
enhanced geothermal systems energy--
``(A) improving the resolution of resource
potential at systematic temperatures and depths,
including temperatures and depths appropriate for power
generation and direct use applications;
``(B) quantifying the total potential to coproduce
geothermal energy and minerals;
``(C) incorporating data relevant to underground
thermal energy storage and exchange, such as aquifer
and soil properties; and
``(D) producing high resolution maps, including--
``(i) maps that indicate key subsurface
parameters for electric and direct use
resources; and
``(ii) risk maps for induced seismicity
based on geologic, geographic, and operational
parameters; and
``(2) to the maximum extent practicable, expanding
geothermal assessments, including enhanced geothermal systems
assessments, to include assessments for the Commonwealth of
Puerto Rico and the States of Alaska and Hawaii.''; and
(4) in subsection (d) (as so redesignated), by striking
``necesary'' and inserting ``necessary''.
SEC. 3. GENERAL GEOTHERMAL RESEARCH AND DEVELOPMENT PROGRAMS.
Section 614 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17193) is amended by adding at the end the following:
``(d) Oil and Gas Technology Transfer Initiative.--
``(1) In general.--The Secretary shall support an
initiative among the Office of Fossil Energy, the Office of
Energy Efficiency and Renewable Energy, and the private sector
to modify, improve, and demonstrate the use in geothermal
energy development of relevant advanced technologies and
operation techniques used in the oil and gas sector.
``(2) Priorities.--In carrying out paragraph (1), the
Secretary shall prioritize technologies with the greatest
potential to significantly increase the use and lower the cost
of geothermal energy in the United States, including the cost
and speed of geothermal drilling.
``(e) Secondary Use Subprogram.--
``(1) In general.--The Secretary shall support within the
Geothermal Technologies Office a program of research,
development, and demonstration in the secondary use of
geothermal energy other than for electricity, direct use, or
geothermal exchange heat pumps.
``(2) Program areas.--The program under paragraph (1) shall
include the following areas:
``(A) Minerals recovery, including lithium, silica,
and rare earth elements.
``(B) Geothermal-powered desalination.
``(C) Industrial applications of geothermal energy.
``(D) The use of geothermal energy as a grid
management resource or seasonal energy storage.
``(E) Other cost competitive secondary uses of
geothermal energy, as determined by the Secretary.
``(F) Systems that utilize a combination of the
techniques and uses described in subparagraphs (A)
through (E) with geothermal heat or power.
``(3) Coproduction of geothermal energy and minerals
production prize competition.--
``(A) In general.--The Secretary shall carry out a
prize competition under which the Secretary shall award
prizes to demonstrate the coproduction of critical
minerals (as defined by the Secretary of the Interior
on the date of enactment of the AGILE Act of 2019) from
geothermal resources.
``(B) Requirements.--A demonstration awarded a
prize under subparagraph (A) shall--
``(i) improve the cost-effectiveness of
removing minerals from geothermal brines as
part of the coproduction process;
``(ii) increase recovery rates of the
targeted mineral commodity;
``(iii) decrease water use and other
environmental impacts, as determined by the
Secretary; and
``(iv) demonstrate a path to commercial
viability.
``(C) Maximum prize amount.--The maximum amount of
a prize awarded under subparagraph (A) shall be
$10,000,000.
``(D) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $5,000,000 for each of fiscal years
2020 through 2023.''.
SEC. 4. MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO INCLUDE THERMAL
ENERGY.
(a) In General.--Section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) Qualified waste heat resource.--The term `qualified
waste heat resource' means--
``(A) exhaust heat or flared gas from any
industrial process;
``(B) waste gas or industrial tail gas that would
otherwise be flared, incinerated, or vented;
``(C) a pressure drop in any gas as part of an
industrial or commercial process; or
``(D) such other forms of waste heat as the
Secretary determines appropriate.''; and
(C) in paragraph (3) (as so redesignated)--
(i) by striking ``generated from'' and
inserting ``produced from, or, in the case of
thermal energy resulting from a thermal energy
project placed in service after December 31,
2018, thermal energy generated from, or avoided
by,''; and
(ii) by inserting ``qualified waste heat
resource,'' before ``or new''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and
indenting appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and
inserting the following:
``(1) In general.--For purposes''; and
(C) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining
compliance with the requirement of this section, any
energy consumption that is avoided through the use of
renewable energy shall be considered to be renewable
energy produced.
``(B) Denial of double benefit.--Avoided energy
consumption that is considered to be renewable energy
produced under subparagraph (A) shall not also be
counted for purposes of achieving compliance with
another Federal energy efficiency goal.''.
(b) Conforming Amendment.--Section 2410q(a) of title 10, United
States Code, is amended by striking ``section 203(b)(2) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b)(2))'' and inserting ``section
203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))''.
SEC. 5. ENHANCED GEOTHERMAL RESEARCH AND DEVELOPMENT.
(a) Definition of Engineered.--Section 612(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191(1)) is amended
in the matter preceding subparagraph (A) by striking ``subjected to
intervention, including intervention'' and inserting ``designed to
access subsurface heat, including nonstimulation technologies,''.
(b) Programs.--Section 615(b) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17194(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``mapping''
and inserting ``and fracture mapping, including real-
time modeling'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) by redesignating subparagraph (F) as
subparagraph (K); and
(D) by inserting after subparagraph (E) the
following:
``(F) well placement and orientation;
``(G) long-term reservoir management;
``(H) drilling technologies, methods, and tools;
``(I) improved exploration tools;
``(J) zonal isolation; and''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Frontier observatories for research in geothermal
energy.--
``(A) Program.--The Secretary shall support 2 field
research sites operated by public or academic entities,
which shall each be known as a `Frontier Observatory
for Research in Geothermal Energy' or `FORGE' site, to
develop, test, and enhance techniques and tools for
enhanced geothermal energy.
``(B) Site selection.--Of the FORGE sites referred
to in subparagraph (A)--
``(i) 1 shall be the existing research site
in Milford, Utah; and
``(ii) 1 shall be selected by the Secretary
through a competitive selection process.
``(C) Site duration.--The FORGE site selected under
subparagraph (B)(ii) shall operate for an initial term
of not more than 7 years after the date on which site
preparation is complete.
``(D) Additional terms.--
``(i) In general.--At the end of an
operational term described in clause (ii), a
FORGE site may--
``(I) be transferred to the private
sector for further enhanced geothermal
testing; or
``(II) subject to appropriations
and a merit review by the Secretary,
operate for an additional term of not
more than 7 years.
``(ii) Operational term described.--An
operational term referred to in clause (i)--
``(I) in the case of the FORGE site
designated under subparagraph (B)(i),
is the existing operational term; and
``(II) in the case of the FORGE
site selected under subparagraph
(B)(ii), is the initial term under
subparagraph (C) or an additional term
under clause (i)(II).
``(3) Enhanced geothermal systems demonstrations.--
``(A) In general.--Beginning on the date of
enactment of the AGILE Act of 2019, the Secretary, in
collaboration with industry partners and institutions
of higher education, shall support an initiative for
demonstration of enhanced geothermal systems for power
production or direct use.
``(B) Projects.--
``(i) In general.--Under the initiative
described in subparagraph (A), not less than 4
demonstration projects shall be carried out in
locations that are commercially viable for
enhanced geothermal systems development, as
determined by the Secretary.
``(ii) Requirements.--Demonstration
projects under clause (i) shall--
``(I) collectively demonstrate--
``(aa) different geologic
settings, such as hot
sedimentary aquifers, layered
geologic systems, supercritical
systems, and basement rock
systems; and
``(bb) a variety of
development techniques,
including open hole and cased
hole completions, differing
well orientations, and
stimulation mechanisms;
``(II) to the extent practicable,
use existing sites where subsurface
characterization or geothermal energy
integration analysis has been
conducted; and
``(III) each be carried out in
accordance with section 988 of the
Energy Policy Act of 2005 (42 U.S.C.
16352).
``(iii) Eastern demonstration.--Not less
than 1 demonstration project under clause (i)
shall be located in an area east of the
Mississippi River that is suitable for enhanced
geothermal demonstration for power, heat, or a
combination of power and heat.
``(C) Optional program structure.--
``(i) In general.--The Secretary may,
pursuant to section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256(g)),
structure the initiative described in
subparagraph (A) as a cost share milestone-
based payment initiative (similar to the
National Aeronautics and Space Administration
Commercial Orbital Transportation Services
program).
``(ii) Requirements.--If the Secretary
elects to carry out clause (i), the Secretary
shall--
``(I) request proposals from
eligible entities, as determined by the
Secretary, that include--
``(aa) a business plan;
``(bb) technical details;
and
``(cc) proposed milestones
and associated payments; and
``(II) select projects--
``(aa) based on the
demonstrated ability of the
eligible entity to meet the
milestones and associated
payments described in the
proposal of that eligible
entity; and
``(bb) that have the
greatest potential commercial
applicability.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 623 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17202) is amended by striking ``$90,000,000'' in the first
sentence and all that follows through the period at the end of the
second sentence and inserting ``$150,000,000 for each of fiscal years
2020 through 2024.''.
SEC. 7. REAUTHORIZATION OF HIGH COST REGION GEOTHERMAL ENERGY GRANT
PROGRAM.
Section 625 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17204) is amended--
(1) in subsection (a)(2), by inserting ``or heat'' after
``electrical power''; and
(2) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2020 through 2024.''.
SEC. 8. PROGRAM TO IMPROVE FEDERAL GEOTHERMAL PERMIT COORDINATION.
(a) Definitions.--In this section:
(1) Program.--The term ``Program'' means the Geothermal
Energy Permitting Coordination Program established under
subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment of Program.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish a program,
to be known as the ``Geothermal Energy Permitting Coordination
Program'', to improve Federal permit coordination and reduce regulatory
timelines with respect to geothermal energy projects on Federal land by
increasing the expertise of officials administering and approving
permits.
(c) Establishment of Program Offices.--To carry out the Program,
the Secretary shall establish one or more Program offices at State or
district offices of the Department of the Interior.
(d) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Secretary of Defense.
(2) State participation.--The Secretary may request that
the Governor of any State be a signatory to the memorandum of
understanding under paragraph (1).
(e) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (d) is
executed, all Federal signatories, as appropriate, shall assign
to each Program office established under subsection (c) one or
more employees who have expertise in the regulatory issues
relating to the office or agency in which the employee is
employed, including, as applicable, particular expertise in--
(A) consultation regarding, and preparation of,
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(E) planning under section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a);
(F) developing geothermal resources under the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
and
(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date on which
the employee is assigned, report to the State Director
of the Bureau of Land Management for the State in which
the office to which the employee is assigned is
located;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses.
(f) Additional Personnel.--The Secretary shall assign to each
Program office any additional personnel that are necessary to ensure
the effective implementation of--
(1) the Program; and
(2) any program administered by the Program office,
including inspection and enforcement relating to energy
development on Federal land, in accordance with the multiple
use mandate of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(g) Transfer of Funds.--To facilitate the coordination and
processing of geothermal permits on Federal land under the
administration of a Program office, the Secretary may authorize the
expenditure or transfer of any funds that are necessary to--
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Forest Service;
(4) the Environmental Protection Agency;
(5) the Corps of Engineers;
(6) the Department of Defense; or
(7) any State in which a geothermal project is located.
(h) Reports.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that
describes--
(1) the progress of the Program; and
(2) any problems relating to leasing, permitting, or siting
with respect to geothermal energy development on Federal land.
(i) Savings Clause.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency any employee of which is participating in the
Program.
<all>