II 

116TH CONGRESS 

1ST SESSION S. 383 

To support carbon dioxide utilization and direct air capture research, to 

facilitate the permitting and development of carbon capture, utilization, 

and sequestration projects and carbon dioxide pipelines, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. BARRASSO (for himself, Mr. WHITEHOUSE, Mrs. CAPITO, Ms. DUCKWORTH, Mr. CRAMER, Ms. SMITH, Mr. MANCHIN, Mr. CARPER, and Mr. 

ENZI) introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

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

6 IT Act’’. 


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1 TITLE I—ENCOURAGING PROJ2 ECTS TO REDUCE EMISSIONS 

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

4 OTHER ACTIVITIES. 

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

6 is amended— 

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

8 the matter preceding subparagraph (A), by striking 

9 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

10 (2) in subsection (g)— 

11 (A) by redesignating paragraphs (1) 

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

13 respectively, and indenting appropriately; 

14 (B) in the undesignated matter following 

15 subparagraph (D) (as so redesignated)— 

16 (i) in the second sentence, by striking 

17 ‘‘The Administrator’’ and inserting the fol18 lowing: 

19 ‘‘(5) COORDINATION AND AVOIDANCE OF DU20 PLICATION.—The Administrator’’; and 

21 (ii) in the first sentence, by striking 

22 ‘‘Nothing’’ and inserting the following: 

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

24 (C) in the matter preceding subparagraph 

25 (A) (as so redesignated)— 


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1 (i) in the third sentence, by striking 

2 ‘‘Such program’’ and inserting the fol3 lowing: 

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

5 under this subsection’’; 

6 (ii) in the second sentence— 

7 (I) by inserting ‘‘States, institu8 tions of higher education,’’ after ‘‘sci9 entists,’’; and 

10 (II) by striking ‘‘Such strategies 

11 and technologies shall be developed’’ 

12 and inserting the following: 

13 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

14 strategies and technologies described in paragraph 

15 (1) shall be developed’’; and 

16 (iii) in the first sentence, by striking 

17 ‘‘In carrying out’’ and inserting the fol18 lowing: 

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

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

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

22 ‘‘(A) IN GENERAL.—In carrying out para23 graph (3)(A) with respect to carbon dioxide, the 

24 Administrator shall carry out the activities deVerDate Sep 11 2014 21:45 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S383.IS S383

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

2 and (E). 

3 ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 

4 ‘‘(i) DEFINITIONS.—In this subpara5 graph: 

6 ‘‘(I) BOARD.—The term ‘Board’ 

7 means the Direct Air Capture Tech8 nology Advisory Board established by 

9 clause (iii)(I). 

10 ‘‘(II) DILUTE.—The term ‘dilute’ 

11 means a concentration of less than 1 

12 percent by volume. 

13 ‘‘(III) DIRECT AIR CAPTURE.— 

14 ‘‘(aa) IN GENERAL.—The 

15 term ‘direct air capture’, with re16 spect to a facility, technology, or 

17 system, means that the facility, 

18 technology, or system uses car19 bon capture equipment to cap20 ture carbon dioxide directly from 

21 the air. 

22 ‘‘(bb) EXCLUSION.—The 

23 term ‘direct air capture’ does not 

24 include any facility, technology, 


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1 or system that captures carbon 

2 dioxide— 

3 ‘‘(AA) that is delib4 erately released from a natu5 rally occurring subsurface 

6 spring; or 

7 ‘‘(BB) using natural 

8 photosynthesis. 

9 ‘‘(IV) INTELLECTUAL PROP10 ERTY.—The term ‘intellectual prop11 erty’ means— 

12 ‘‘(aa) an invention that is 

13 patentable under title 35, United 

14 States Code; and 

15 ‘‘(bb) any patent on an in16 vention described in item (aa). 

17 ‘‘(ii) TECHNOLOGY PRIZES.— 

18 ‘‘(I) IN GENERAL.—Not later 

19 than 1 year after the date of enact20 ment of the USE IT Act, the Admin21 istrator, in consultation with the Sec22 retary of Energy, shall establish a 

23 program to provide, and shall provide, 

24 financial awards on a competitive 

25 basis for direct air capture from 


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1 media in which the concentration of 

2 carbon dioxide is dilute. 

3 ‘‘(II) DUTIES.—In carrying out 

4 this clause, the Administrator shall— 

5 ‘‘(aa) subject to subclause 

6 (III), develop specific require7 ments for— 

8 ‘‘(AA) the competition 

9 process; and 

10 ‘‘(BB) the demonstra11 tion of performance of ap12 proved projects; 

13 ‘‘(bb) offer financial awards 

14 for a project designed— 

15 ‘‘(AA) to the maximum 

16 extent practicable, to cap17 ture more than 10,000 tons 

18 of carbon dioxide per year; 

19 and 

20 ‘‘(BB) to operate in a 

21 manner that would be com22 mercially viable in the fore23 seeable future (as deter24 mined by the Board); and 


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1 ‘‘(cc) to the maximum ex2 tent practicable, make financial 

3 awards to geographically diverse 

4 projects, including at least— 

5 ‘‘(AA) 1 project in a 

6 coastal State; and 

7 ‘‘(BB) 1 project in a 

8 rural State. 

9 ‘‘(III) PUBLIC PARTICIPATION.— 

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

11 Administrator shall— 

12 ‘‘(aa) provide notice of and, 

13 for a period of not less than 60 

14 days, an opportunity for public 

15 comment on, any draft or pro16 posed version of the requirements 

17 described in subclause (II)(aa); 

18 and 

19 ‘‘(bb) take into account pub20 lic comments received in devel21 oping the final version of those 

22 requirements. 

23 ‘‘(iii) DIRECT AIR CAPTURE TECH24 NOLOGY ADVISORY BOARD.— 


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1 ‘‘(I) ESTABLISHMENT.—There is 

2 established an advisory board to be 

3 known as the ‘Direct Air Capture 

4 Technology Advisory Board’. 

5 ‘‘(II) COMPOSITION.—The Board 

6 shall be composed of 9 members ap7 pointed by the Administrator, who 

8 shall provide expertise in— 

9 ‘‘(aa) climate science; 

10 ‘‘(bb) physics; 

11 ‘‘(cc) chemistry; 

12 ‘‘(dd) biology; 

13 ‘‘(ee) engineering; 

14 ‘‘(ff) economics; 

15 ‘‘(gg) business management; 

16 and 

17 ‘‘(hh) such other disciplines 

18 as the Administrator determines 

19 to be necessary to achieve the 

20 purposes of this subparagraph. 

21 ‘‘(III) TERM; VACANCIES.— 

22 ‘‘(aa) TERM.—A member of 

23 the Board shall serve for a term 

24 of 6 years. 


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1 ‘‘(bb) VACANCIES.—A va2 cancy on the Board— 

3 ‘‘(AA) shall not affect 

4 the powers of the Board; 

5 and 

6 ‘‘(BB) shall be filled in 

7 the same manner as the 

8 original appointment was 

9 made. 

10 ‘‘(IV) INITIAL MEETING.—Not 

11 later than 30 days after the date on 

12 which all members of the Board have 

13 been appointed, the Board shall hold 

14 the initial meeting of the Board. 

15 ‘‘(V) MEETINGS.—The Board 

16 shall meet at the call of the Chair17 person or on the request of the Ad18 ministrator. 

19 ‘‘(VI) QUORUM.—A majority of 

20 the members of the Board shall con21 stitute a quorum, but a lesser number 

22 of members may hold hearings. 

23 ‘‘(VII) CHAIRPERSON AND VICE

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1 person from among the members of 

2 the Board. 

3 ‘‘(VIII) COMPENSATION.—Each 

4 member of the Board may be com5 pensated at not to exceed the daily 

6 equivalent of the annual rate of basic 

7 pay in effect for a position at level V 

8 of the Executive Schedule under sec9 tion 5316 of title 5, United States 

10 Code, for each day during which the 

11 member is engaged in the actual per12 formance of the duties of the Board. 

13 ‘‘(IX) DUTIES.—The Board shall 

14 advise the Administrator on carrying 

15 out the duties of the Administrator 

16 under this subparagraph. 

17 ‘‘(X) FACA.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) 

19 shall apply to the Board. 

20 ‘‘(iv) INTELLECTUAL PROPERTY.— 

21 ‘‘(I) IN GENERAL.—As a condi22 tion of receiving a financial award 

23 under this subparagraph, an applicant 

24 shall agree to vest the intellectual 

25 property of the applicant derived from 


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1 the technology in 1 or more entities 

2 that are incorporated in the United 

3 States. 

4 ‘‘(II) RESERVATION OF LI5 CENSE.—The United States— 

6 ‘‘(aa) may reserve a non7 exclusive, nontransferable, irrev8 ocable, paid-up license, to have 

9 practiced for or on behalf of the 

10 United States, in connection with 

11 any intellectual property de12 scribed in subclause (I); but 

13 ‘‘(bb) shall not, in the exer14 cise of a license reserved under 

15 item (aa), publicly disclose pro16 prietary information relating to 

17 the license. 

18 ‘‘(III) TRANSFER OF TITLE.— 

19 Title to any intellectual property de20 scribed in subclause (I) shall not be 

21 transferred or passed, except to an 

22 entity that is incorporated in the 

23 United States, until the expiration of 

24 the first patent obtained in connection 

25 with the intellectual property. 


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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appro3 priated to carry out this subparagraph 

4 $35,000,000, to remain available until ex5 pended. 

6 ‘‘(vi) TERMINATION OF AUTHORITY.— 

7 The Board and all authority provided 

8 under this subparagraph shall terminate 

9 not later than 10 years after the date of 

10 enactment of the USE IT Act. 

11 ‘‘(C) CARBON DIOXIDE UTILIZATION RE12 SEARCH.— 

13 ‘‘(i) DEFINITION OF CARBON DIOXIDE

14 UTILIZATION.—In this subparagraph, the 

15 term ‘carbon dioxide utilization’ refers to 

16 technologies or approaches that lead to the 

17 use of carbon dioxide— 

18 ‘‘(I) through the fixation of car19 bon dioxide through photosynthesis or 

20 chemosynthesis, such as through the 

21 growing of algae or bacteria; 

22 ‘‘(II) through the chemical con23 version of carbon dioxide to a material 

24 or chemical compound in which the 

25 carbon dioxide is securely stored; or 


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1 ‘‘(III) through the use of carbon 

2 dioxide for any other purpose for 

3 which a commercial market exists, as 

4 determined by the Administrator. 

5 ‘‘(ii) PROGRAM.—The Administrator, 

6 in consultation with the Secretary of En7 ergy, shall carry out a research and devel8 opment program for carbon dioxide utiliza9 tion to promote existing and new tech10 nologies that transform carbon dioxide 

11 generated by industrial processes into a 

12 product of commercial value, or as an 

13 input to products of commercial value. 

14 ‘‘(iii) TECHNICAL AND FINANCIAL AS15 SISTANCE.—Not later than 2 years after 

16 the date of enactment of the USE IT Act, 

17 in carrying out this subsection, the Admin18 istrator, in consultation with the Secretary 

19 of Energy, shall support research and in20 frastructure activities relating to carbon 

21 dioxide utilization by providing technical 

22 assistance and financial assistance in ac23 cordance with clause (iv). 

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

25 receive technical assistance and financial 


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1 assistance under clause (iii), a carbon diox2 ide utilization project shall— 

3 ‘‘(I) have access to an emissions 

4 stream generated by a stationary 

5 source within the United States that 

6 is capable of supplying not less than 

7 250 metric tons per day of carbon di8 oxide for research; 

9 ‘‘(II) have access to adequate 

10 space for a laboratory and equipment 

11 for testing small-scale carbon dioxide 

12 utilization technologies, with onsite 

13 access to larger test bays for scale-up; 

14 and 

15 ‘‘(III) have existing partnerships 

16 with institutions of higher education, 

17 private companies, States, or other 

18 government entities. 

19 ‘‘(v) COORDINATION.—In supporting 

20 carbon dioxide utilization projects under 

21 this paragraph, the Administrator shall 

22 consult with the Secretary of Energy, and, 

23 as appropriate, with the head of any other 

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1 cation to develop methods and technologies 

2 to account for the carbon dioxide emissions 

3 avoided by the carbon dioxide utilization 

4 projects. 

5 ‘‘(vi) AUTHORIZATION OF APPROPRIA6 TIONS.—There is authorized to be appro7 priated to carry out this subparagraph 

8 $50,000,000, to remain available until ex9 pended. 

10 ‘‘(D) DEEP SALINE FORMATION RE11 PORT.— 

12 ‘‘(i) DEFINITION OF DEEP SALINE

13 FORMATION.— 

14 ‘‘(I) IN GENERAL.—In this sub15 paragraph, the term ‘deep saline for16 mation’ means a formation of sub17 surface geographically extensive sedi18 mentary rock layers saturated with 

19 waters or brines that have a high total 

20 dissolved solids content and that are 

21 below the depth where carbon dioxide 

22 can exist in the formation as a super23 critical fluid. 

24 ‘‘(II) CLARIFICATION.—In this 

25 subparagraph, the term ‘deep saline 


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1 formation’ does not include oil and 

2 gas reservoirs. 

3 ‘‘(ii) REPORT.—In consultation with 

4 the Secretary of Energy, and, as appro5 priate, with the head of any other relevant 

6 Federal agency and relevant stakeholders, 

7 not later than 1 year after the date of en8 actment of the USE IT Act, the Adminis9 trator shall prepare, submit to Congress, 

10 and make publicly available a report that 

11 includes— 

12 ‘‘(I) a comprehensive identifica13 tion of potential risks and benefits to 

14 project developers associated with in15 creased storage of carbon dioxide cap16 tured from stationary sources in deep 

17 saline formations, using existing re18 search; 

19 ‘‘(II) recommendations for man20 aging the potential risks identified 

21 under subclause (I), including poten22 tial risks unique to public land; and 

23 ‘‘(III) recommendations for Fed24 eral legislation or other policy changes 


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1 to mitigate any potential risks identi2 fied under subclause (I). 

3 ‘‘(E) REPORT ON CARBON DIOXIDE NON4 REGULATORY STRATEGIES AND TECH5 NOLOGIES.— 

6 ‘‘(i) IN GENERAL.—Not less fre7 quently than once every 2 years, the Ad8 ministrator shall submit to the Committee 

9 on Environment and Public Works of the 

10 Senate and the Committee on Energy and 

11 Commerce of the House of Representatives 

12 a report that describes— 

13 ‘‘(I) the recipients of assistance 

14 under subparagraphs (B) and (C); 

15 and 

16 ‘‘(II) a plan for supporting addi17 tional nonregulatory strategies and 

18 technologies that could significantly 

19 prevent carbon dioxide emissions or 

20 reduce carbon dioxide levels in the air, 

21 in conjunction with other Federal 

22 agencies. 

23 ‘‘(ii) INCLUSIONS.—The plan sub24 mitted under clause (i) shall include— 


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1 ‘‘(I) a methodology for evaluating 

2 and ranking technologies based on the 

3 ability of the technologies to cost ef4 fectively reduce carbon dioxide emis5 sions or carbon dioxide levels in the 

6 air; and 

7 ‘‘(II) a description of any nonair8 related environmental or energy con9 siderations regarding the technologies. 

10 ‘‘(F) GAO REPORT.—The Comptroller 

11 General of the United States shall submit to 

12 Congress a report that— 

13 ‘‘(i) identifies all Federal grant pro14 grams in which a purpose of a grant under 

15 the program is to perform research on car16 bon capture and utilization technologies, 

17 including direct air capture technologies; 

18 and 

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

20 Federal grant programs identified pursu21 ant to clause (i) overlap or are duplica22 tive.’’. 


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1 TITLE II—IMPROVEMENT OF 

2 PERMITTING PROCESS FOR 

3 CARBON DIOXIDE CAPTURE 

4 AND INFRASTRUCTURE PROJ5 ECTS 

6 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC7 TURE PROJECTS. 

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

9 4370m(6)) is amended— 

10 (1) in subparagraph (A)— 

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

12 inserting ‘‘carbon capture,’’ after ‘‘manufac13 turing,’’; 

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

15 the end; 

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

17 (iii); and 

18 (D) by inserting after clause (i) the fol19 lowing: 

20 ‘‘(ii) is covered by a programmatic 

21 plan or environmental review developed for 

22 the primary purpose of facilitating develop23 ment of carbon dioxide pipelines; or’’; and 

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


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1 ‘‘(C) INCLUSION.—For purposes of sub2 paragraph (A), construction of infrastructure 

3 for carbon capture includes construction of— 

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

5 that captures, utilizes, or sequesters car6 bon dioxide emissions, including projects 

7 for direct air capture (as defined in para8 graph (6)(B)(i) of section 103(g) of the 

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

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

11 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA12 TION, AND SEQUESTRATION REPORT, PER13 MITTING GUIDANCE, AND REGIONAL PERMIT14 TING TASK FORCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CARBON CAPTURE, UTILIZATION, AND SE17 QUESTRATION PROJECTS.—The term ‘‘carbon cap18 ture, utilization, and sequestration projects’’ includes 

19 projects for direct air capture (as defined in para20 graph (6)(B)(i) of section 103(g) of the Clean Air 

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

22 (2) EFFICIENT, ORDERLY, AND RESPON23 SIBLE.—The term ‘‘efficient, orderly, and respon24 sible’’ means, with respect to development or the 

25 permitting process for carbon capture, utilization, 


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1 and sequestration projects and carbon dioxide pipe2 lines, a process that is completed in an expeditious 

3 manner while maintaining environmental, health, 

4 and safety protections. 

5 (b) REPORT.— 

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

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

8 the Council on Environmental Quality (referred to in 

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

10 Administrator of the Environmental Protection 

11 Agency, the Secretary of Energy, the Secretary of 

12 the Interior, the Executive Director of the Federal 

13 Permitting Improvement Council, and the head of 

14 any other relevant Federal agency (as determined by 

15 the President), shall prepare a report that— 

16 (A) compiles all existing relevant Federal 

17 permitting and review information and re18 sources for project applicants, agencies, and 

19 other stakeholders interested in the deployment 

20 of carbon capture, utilization, and sequestration 

21 projects and carbon dioxide pipelines, includ22 ing— 

23 (i) the appropriate points of inter24 action with Federal agencies; 


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1 (ii) clarification of the permitting re2 sponsibilities and authorities among Fed3 eral agencies; and 

4 (iii) best practices and templates for 

5 permitting; 

6 (B) inventories current or emerging activi7 ties that transform captured carbon dioxide into 

8 a product of commercial value, or as an input 

9 to products of commercial value; 

10 (C) inventories existing initiatives and re11 cent publications that analyze or identify pri12 ority carbon dioxide pipelines needed to enable 

13 efficient, orderly, and responsible development 

14 of carbon capture, utilization, and sequestration 

15 projects at increased scale; 

16 (D) identifies gaps in the current Federal 

17 regulatory framework for the deployment of 

18 carbon capture, utilization, and sequestration 

19 projects and carbon dioxide pipelines; and 

20 (E) identifies Federal financing mecha21 nisms available to project developers. 

22 (2) SUBMISSION; PUBLICATION.—The Chair 

23 shall— 

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

25 to the Committee on Environment and Public 


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1 Works of the Senate and the Committee on En2 ergy and Commerce of the House of Represent3 atives; and 

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

5 publicly available. 

6 (c) GUIDANCE.— 

7 (1) IN GENERAL.—After submission of the re8 port under subsection (b)(2), but not later than 1 

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

10 Chair shall submit guidance consistent with that re11 port to all relevant Federal agencies that— 

12 (A) facilitates reviews associated with the 

13 deployment of carbon capture, utilization, and 

14 sequestration projects and carbon dioxide pipe15 lines; and 

16 (B) supports the efficient, orderly, and re17 sponsible development of carbon capture, utili18 zation, and sequestration projects and carbon 

19 dioxide pipelines. 

20 (2) REQUIREMENTS.— 

21 (A) IN GENERAL.—The guidance under 

22 paragraph (1) shall address requirements 

23 under— 

24 (i) the National Environmental Policy 

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


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1 (ii) the Federal Water Pollution Con2 trol Act (33 U.S.C. 1251 et seq.); 

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

4 7401 et seq.); 

5 (iv) the Safe Drinking Water Act (42 

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

7 (v) the Endangered Species Act of 

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

9 (vi) division A of subtitle III of title 

10 54, United States Code (formerly known 

11 as the ‘‘National Historic Preservation 

12 Act’’); 

13 (vii) the Migratory Bird Treaty Act 

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

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

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

17 the ‘‘Bald and Golden Eagle Protection 

18 Act’’); and 

19 (ix) any other Federal law that the 

20 Chair determines to be appropriate. 

21 (B) ENVIRONMENTAL REVIEWS.—The 

22 guidance under paragraph (1) shall include di23 rection to States and other interested parties 

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

2 seq.) for carbon capture, utilization, and se3 questration projects and carbon dioxide pipe4 lines. 

5 (C) PUBLIC INVOLVEMENT.—The guidance 

6 under paragraph (1) shall be subject to the 

7 public notice, comment, and solicitation of in8 formation procedures under section 1506.6 of 

9 title 40, Code of Federal Regulations (or a suc10 cessor regulation). 

11 (3) SUBMISSION; PUBLICATION.—The Chair 

12 shall— 

13 (A) submit the guidance under paragraph 

14 (1) to the Committee on Environment and Pub15 lic Works of the Senate and the Committee on 

16 Energy and Commerce of the House of Rep17 resentatives; and 

18 (B) as soon as practicable, make the guid19 ance publicly available. 

20 (4) EVALUATION.—The Chair shall— 

21 (A) periodically evaluate the reports of the 

22 task forces under subsection (d)(5) and, as nec23 essary, revise the guidance under paragraph 

24 (1); and 


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

2 Environment and Public Works of the Senate, 

3 the Committee on Energy and Commerce of the 

4 House of Representatives, and relevant Federal 

5 agencies a report that describes any rec6 ommendations for legislation, rules, revisions to 

7 rules, or other policies that would address the 

8 issues identified by the task forces under sub9 section (d)(5). 

10 (d) TASK FORCE.— 

11 (1) ESTABLISHMENT.—Not later than 18 

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

13 Chair shall establish not less than 2 task forces, 

14 which shall each cover a different geographical area 

15 with differing demographic, land use, or geological 

16 issues— 

17 (A) to identify permitting and other chal18 lenges and successes that permitting authorities 

19 and project developers and operators face; and 

20 (B) to improve the performance of the per21 mitting process and regional coordination for 

22 the purpose of promoting the efficient, orderly, 

23 and responsible development of carbon capture, 

24 utilization, and sequestration projects and car25 bon dioxide pipelines. 


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1 (2) MEMBERS AND SELECTION.— 

2 (A) IN GENERAL.—The Chair shall— 

3 (i) develop criteria for the selection of 

4 members to each task force; and 

5 (ii) select members for each task force 

6 in accordance with clause (i) and subpara7 graph (B). 

8 (B) MEMBERS.—Each task force— 

9 (i) shall include not less than 1 rep10 resentative of each of— 

11 (I) the Environmental Protection 

12 Agency; 

13 (II) the Department of Energy; 

14 (III) the Department of the Inte15 rior; 

16 (IV) any other Federal agency 

17 the Chair determines to be appro18 priate; 

19 (V) any State that requests par20 ticipation in the geographical area 

21 covered by the task force; 

22 (VI) developers or operators of 

23 carbon capture, utilization, and se24 questration projects or carbon dioxide 

25 pipelines; and 


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1 (VII) nongovernmental member2 ship organizations, the primary mis3 sion of which concerns protection of 

4 the environment; and 

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

6 government, may include a representative 

7 of— 

8 (I) not less than 1 local govern9 ment in the geographical area covered 

10 by the task force; and 

11 (II) not less than 1 Tribal gov12 ernment in the geographical area cov13 ered by the task force. 

14 (3) MEETINGS.— 

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

16 meet not less than twice each year. 

17 (B) JOINT MEETING.—To the maximum 

18 extent practicable, the task forces shall meet 

19 collectively not less than once each year. 

20 (4) DUTIES.—Each task force shall— 

21 (A) inventory existing or potential Federal 

22 and State approaches to facilitate reviews asso23 ciated with the deployment of carbon capture, 

24 utilization, and sequestration projects and carVerDate Sep 11 2014 21:45 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S383.IS S383

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1 bon dioxide pipelines, including best practices 

2 that— 

3 (i) avoid duplicative reviews; 

4 (ii) engage stakeholders early in the 

5 permitting process; and 

6 (iii) make the permitting process effi7 cient, orderly, and responsible; 

8 (B) develop common models for State-level 

9 carbon dioxide pipeline regulation and oversight 

10 guidelines that can be shared with States in the 

11 geographical area covered by the task force; 

12 (C) provide technical assistance to States 

13 in the geographical area covered by the task 

14 force in implementing regulatory requirements 

15 and any models developed under subparagraph 

16 (B); 

17 (D) inventory current or emerging activi18 ties that transform captured carbon dioxide into 

19 a product of commercial value, or as an input 

20 to products of commercial value; 

21 (E) identify any priority carbon dioxide 

22 pipelines needed to enable efficient, orderly, and 

23 responsible development of carbon capture, uti24 lization, and sequestration projects at increased 

25 scale; 


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1 (F) identify gaps in the current Federal 

2 and State regulatory framework and in existing 

3 data for the deployment of carbon capture, uti4 lization, and sequestration projects and carbon 

5 dioxide pipelines; 

6 (G) identify Federal and State financing 

7 mechanisms available to project developers; and 

8 (H) develop recommendations for relevant 

9 Federal agencies on how to develop and re10 search technologies that— 

11 (i) can capture carbon dioxide; and 

12 (ii) would be able to be deployed with13 in the region covered by the task force, in14 cluding any projects that have received 

15 technical or financial assistance for re16 search under paragraph (6) of section 

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

18 7403(g)). 

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

20 prepare and submit to the Chair and to the other 

21 task forces a report that includes— 

22 (A) any recommendations for improve23 ments in efficient, orderly, and responsible 

24 issuance or administration of Federal permits 

25 and other Federal authorizations required 


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

2 and 

3 (B) any other nationally relevant informa4 tion that the task force has collected in carrying 

5 out the duties under paragraph (4). 

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

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

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

9 and 

10 (B) submit to Congress a recommendation 

11 as to whether the task forces should continue. 

Æ 


pbinns on DSK79D2C42PROD with BILLS