II 

Calendar No. 70 

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, Mr. 

ENZI, Mr. SCHATZ, Mr. ROUNDS, Mr. INHOFE, Mr. VAN HOLLEN, and 

Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

APRIL 10, 2019 

Reported by Mr. BARRASSO, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 IT Act’’. 

5 TITLE I—ENCOURAGING 

6 PROJECTS TO REDUCE EMIS7 SIONS 

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

9 OTHER ACTIVITIES. 

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

11 is amended— 

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

13 the matter preceding subparagraph (A), by striking 

14 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

15 (2) in subsection (g)— 

16 (A) by redesignating paragraphs (1) 

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

18 respectively, and indenting appropriately; 

19 (B) in the undesignated matter following 

20 subparagraph (D) (as so redesignated)— 

21 (i) in the second sentence, by striking 

22 ‘‘The Administrator’’ and inserting the fol23 lowing: 

24 ‘‘(5) COORDINATION AND AVOIDANCE OF DU25 PLICATION.—The Administrator’’; and 


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1 (ii) in the first sentence, by striking 

2 ‘‘Nothing’’ and inserting the following: 

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

4 (C) in the matter preceding subparagraph 

5 (A) (as so redesignated)— 

6 (i) in the third sentence, by striking 

7 ‘‘Such program’’ and inserting the fol8 lowing: 

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

10 under this subsection’’; 

11 (ii) in the second sentence— 

12 (I) by inserting ‘‘States, institu13 tions of higher education,’’ after ‘‘sci14 entists,’’; and 

15 (II) by striking ‘‘Such strategies 

16 and technologies shall be developed’’ 

17 and inserting the following: 

18 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

19 strategies and technologies described in paragraph 

20 (1) shall be developed’’; and 

21 (iii) in the first sentence, by striking 

22 ‘‘In carrying out’’ and inserting the fol23 lowing: 

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

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


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

2 ‘‘(A) IN GENERAL.—In carrying out para3 graph (3)(A) with respect to carbon dioxide, the 

4 Administrator shall carry out the activities de5 scribed in each of subparagraphs (B), (C), (D), 

6 and (E). 

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

8 ‘‘(i) DEFINITIONS.—In this subpara9 graph: 

10 ‘‘(I) BOARD.—The term ‘Board’ 

11 means the Direct Air Capture Tech12 nology Advisory Board established by 

13 clause (iii)(I). 

14 ‘‘(II) DILUTE.—The term ‘dilute’ 

15 means a concentration of less than 1 

16 percent by volume. 

17 ‘‘(III) DIRECT AIR CAPTURE.— 

18 ‘‘(aa) IN GENERAL.—The 

19 term ‘direct air capture’, with re20 spect to a facility, technology, or 

21 system, means that the facility, 

22 technology, or system uses car23 bon capture equipment to cap24 ture carbon dioxide directly from 

25 the air. 


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1 ‘‘(bb) EXCLUSION.—The 

2 term ‘direct air capture’ does not 

3 include any facility, technology, 

4 or system that captures carbon 

5 dioxide— 

6 ‘‘(AA) that is delib7 erately released from a natu8 rally occurring subsurface 

9 spring; or 

10 ‘‘(BB) using natural 

11 photosynthesis. 

12 ‘‘(IV) INTELLECTUAL PROP13 ERTY.—The term ‘intellectual prop14 erty’ means— 

15 ‘‘(aa) an invention that is 

16 patentable under title 35, United 

17 States Code; and 

18 ‘‘(bb) any patent on an in19 vention described in item (aa). 

20 ‘‘(ii) TECHNOLOGY PRIZES.— 

21 ‘‘(I) IN GENERAL.—Not later 

22 than 1 year after the date of enact23 ment of the USE IT Act, the Admin24 istrator, in consultation with the Sec25 retary of Energy, shall establish a 


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1 program to provide, and shall provide, 

2 financial awards on a competitive 

3 basis for direct air capture from 

4 media in which the concentration of 

5 carbon dioxide is dilute. 

6 ‘‘(II) DUTIES.—In carrying out 

7 this clause, the Administrator shall— 

8 ‘‘(aa) subject to subclause 

9 (III), develop specific require10 ments for— 

11 ‘‘(AA) the competition 

12 process; and 

13 ‘‘(BB) the demonstra14 tion of performance of ap15 proved projects; 

16 ‘‘(bb) offer financial awards 

17 for a project designed— 

18 ‘‘(AA) to the maximum 

19 extent practicable, to cap20 ture more than 10,000 tons 

21 of carbon dioxide per year; 

22 and 

23 ‘‘(BB) to operate in a 

24 manner that would be com25 mercially viable in the foreVerDate Sep 11 2014 23:16 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S383.RS S383

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1 seeable future (as deter2 mined by the Board); and 

3 ‘‘(cc) to the maximum ex4 tent practicable, make financial 

5 awards to geographically diverse 

6 projects, including at least— 

7 ‘‘(AA) 1 project in a 

8 coastal State; and 

9 ‘‘(BB) 1 project in a 

10 rural State. 

11 ‘‘(III) PUBLIC PARTICIPATION.— 

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

13 Administrator shall— 

14 ‘‘(aa) provide notice of and, 

15 for a period of not less than 60 

16 days, an opportunity for public 

17 comment on, any draft or pro18 posed version of the requirements 

19 described in subclause (II)(aa); 

20 and 

21 ‘‘(bb) take into account pub22 lic comments received in devel23 oping the final version of those 

24 requirements. 


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1 ‘‘(iii) DIRECT AIR CAPTURE TECH2 NOLOGY ADVISORY BOARD.— 

3 ‘‘(I) ESTABLISHMENT.—There is 

4 established an advisory board to be 

5 known as the ‘Direct Air Capture 

6 Technology Advisory Board’. 

7 ‘‘(II) COMPOSITION.—The Board 

8 shall be composed of 9 members ap9 pointed by the Administrator, who 

10 shall provide expertise in— 

11 ‘‘(aa) climate science; 

12 ‘‘(bb) physics; 

13 ‘‘(cc) chemistry; 

14 ‘‘(dd) biology; 

15 ‘‘(ee) engineering; 

16 ‘‘(ff) economics; 

17 ‘‘(gg) business management; 

18 and 

19 ‘‘(hh) such other disciplines 

20 as the Administrator determines 

21 to be necessary to achieve the 

22 purposes of this subparagraph. 

23 ‘‘(III) TERM; VACANCIES.— 


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1 ‘‘(aa) TERM.—A member of 

2 the Board shall serve for a term 

3 of 6 years. 

4 ‘‘(bb) VACANCIES.—A va5 cancy on the Board— 

6 ‘‘(AA) shall not affect 

7 the powers of the Board; 

8 and 

9 ‘‘(BB) shall be filled in 

10 the same manner as the 

11 original appointment was 

12 made. 

13 ‘‘(IV) INITIAL MEETING.—Not 

14 later than 30 days after the date on 

15 which all members of the Board have 

16 been appointed, the Board shall hold 

17 the initial meeting of the Board. 

18 ‘‘(V) MEETINGS.—The Board 

19 shall meet at the call of the Chair20 person or on the request of the Ad21 ministrator. 

22 ‘‘(VI) QUORUM.—A majority of 

23 the members of the Board shall con24 stitute a quorum, but a lesser number 

25 of members may hold hearings. 


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1 ‘‘(VII) CHAIRPERSON AND VICE

2 CHAIRPERSON.—The Board shall se3 lect a Chairperson and Vice Chair4 person from among the members of 

5 the Board. 

6 ‘‘(VIII) COMPENSATION.—Each 

7 member of the Board may be com8 pensated at not to exceed the daily 

9 equivalent of the annual rate of basic 

10 pay in effect for a position at level V 

11 of the Executive Schedule under sec12 tion 5316 of title 5, United States 

13 Code, for each day during which the 

14 member is engaged in the actual per15 formance of the duties of the Board. 

16 ‘‘(IX) DUTIES.—The Board shall 

17 advise the Administrator on carrying 

18 out the duties of the Administrator 

19 under this subparagraph. 

20 ‘‘(X) FACA.—The Federal Advi21 sory Committee Act (5 U.S.C. App.) 

22 shall apply to the Board. 

23 ‘‘(iv) INTELLECTUAL PROPERTY.— 

24 ‘‘(I) IN GENERAL.—As a condi25 tion of receiving a financial award 


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1 under this subparagraph, an applicant 

2 shall agree to vest the intellectual 

3 property of the applicant derived from 

4 the technology in 1 or more entities 

5 that are incorporated in the United 

6 States. 

7 ‘‘(II) RESERVATION OF LI8 CENSE.—The United States— 

9 ‘‘(aa) may reserve a non10 exclusive, nontransferable, irrev11 ocable, paid-up license, to have 

12 practiced for or on behalf of the 

13 United States, in connection with 

14 any intellectual property de15 scribed in subclause (I); but 

16 ‘‘(bb) shall not, in the exer17 cise of a license reserved under 

18 item (aa), publicly disclose pro19 prietary information relating to 

20 the license. 

21 ‘‘(III) TRANSFER OF TITLE.— 

22 Title to any intellectual property de23 scribed in subclause (I) shall not be 

24 transferred or passed, except to an 

25 entity that is incorporated in the 


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1 United States, until the expiration of 

2 the first patent obtained in connection 

3 with the intellectual property. 

4 ‘‘(v) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appro6 priated to carry out this subparagraph 

7 $35,000,000, to remain available until ex8 pended. 

9 ‘‘(vi) TERMINATION OF AUTHORITY.— 

10 The Board and all authority provided 

11 under this subparagraph shall terminate 

12 not later than 10 years after the date of 

13 enactment of the USE IT Act. 

14 ‘‘(C) CARBON DIOXIDE UTILIZATION RE15 SEARCH.— 

16 ‘‘(i) DEFINITION OF CARBON DIOXIDE

17 UTILIZATION.—In this subparagraph, the 

18 term ‘carbon dioxide utilization’ refers to 

19 technologies or approaches that lead to the 

20 use of carbon dioxide— 

21 ‘‘(I) through the fixation of car22 bon dioxide through photosynthesis or 

23 chemosynthesis, such as through the 

24 growing of algae or bacteria; 


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1 ‘‘(II) through the chemical con2 version of carbon dioxide to a material 

3 or chemical compound in which the 

4 carbon dioxide is securely stored; or 

5 ‘‘(III) through the use of carbon 

6 dioxide for any other purpose for 

7 which a commercial market exists, as 

8 determined by the Administrator. 

9 ‘‘(ii) PROGRAM.—The Administrator, 

10 in consultation with the Secretary of En11 ergy, shall carry out a research and devel12 opment program for carbon dioxide utiliza13 tion to promote existing and new tech14 nologies that transform carbon dioxide 

15 generated by industrial processes into a 

16 product of commercial value, or as an 

17 input to products of commercial value. 

18 ‘‘(iii) TECHNICAL AND FINANCIAL AS19 SISTANCE.—Not later than 2 years after 

20 the date of enactment of the USE IT Act, 

21 in carrying out this subsection, the Admin22 istrator, in consultation with the Secretary 

23 of Energy, shall support research and in24 frastructure activities relating to carbon 

25 dioxide utilization by providing technical 


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1 assistance and financial assistance in ac2 cordance with clause (iv). 

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

4 receive technical assistance and financial 

5 assistance under clause (iii), a carbon diox6 ide utilization project shall— 

7 ‘‘(I) have access to an emissions 

8 stream generated by a stationary 

9 source within the United States that 

10 is capable of supplying not less than 

11 250 metric tons per day of carbon di12 oxide for research; 

13 ‘‘(II) have access to adequate 

14 space for a laboratory and equipment 

15 for testing small-scale carbon dioxide 

16 utilization technologies, with onsite 

17 access to larger test bays for scale-up; 

18 and 

19 ‘‘(III) have existing partnerships 

20 with institutions of higher education, 

21 private companies, States, or other 

22 government entities. 

23 ‘‘(v) COORDINATION.—In supporting 

24 carbon dioxide utilization projects under 

25 this paragraph, the Administrator shall 


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1 consult with the Secretary of Energy, and, 

2 as appropriate, with the head of any other 

3 relevant Federal agency, States, the pri4 vate sector, and institutions of higher edu5 cation to develop methods and technologies 

6 to account for the carbon dioxide emissions 

7 avoided by the carbon dioxide utilization 

8 projects. 

9 ‘‘(vi) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appro11 priated to carry out this subparagraph 

12 $50,000,000, to remain available until ex13 pended. 

14 ‘‘(D) DEEP SALINE FORMATION RE15 PORT.— 

16 ‘‘(i) DEFINITION OF DEEP SALINE

17 FORMATION.— 

18 ‘‘(I) IN GENERAL.—In this sub19 paragraph, the term ‘deep saline for20 mation’ means a formation of sub21 surface geographically extensive sedi22 mentary rock layers saturated with 

23 waters or brines that have a high total 

24 dissolved solids content and that are 

25 below the depth where carbon dioxide 


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1 can exist in the formation as a super2 critical fluid. 

3 ‘‘(II) CLARIFICATION.—In this 

4 subparagraph, the term ‘deep saline 

5 formation’ does not include oil and 

6 gas reservoirs. 

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

8 the Secretary of Energy, and, as appro9 priate, with the head of any other relevant 

10 Federal agency and relevant stakeholders, 

11 not later than 1 year after the date of en12 actment of the USE IT Act, the Adminis13 trator shall prepare, submit to Congress, 

14 and make publicly available a report that 

15 includes— 

16 ‘‘(I) a comprehensive identifica17 tion of potential risks and benefits to 

18 project developers associated with in19 creased storage of carbon dioxide cap20 tured from stationary sources in deep 

21 saline formations, using existing re22 search; 

23 ‘‘(II) recommendations for man24 aging the potential risks identified 


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1 under subclause (I), including poten2 tial risks unique to public land; and 

3 ‘‘(III) recommendations for Fed4 eral legislation or other policy changes 

5 to mitigate any potential risks identi6 fied under subclause (I). 

7 ‘‘(E) REPORT ON CARBON DIOXIDE NON8 REGULATORY STRATEGIES AND TECH9 NOLOGIES.— 

10 ‘‘(i) IN GENERAL.—Not less fre11 quently than once every 2 years, the Ad12 ministrator shall submit to the Committee 

13 on Environment and Public Works of the 

14 Senate and the Committee on Energy and 

15 Commerce of the House of Representatives 

16 a report that describes— 

17 ‘‘(I) the recipients of assistance 

18 under subparagraphs (B) and (C); 

19 and 

20 ‘‘(II) a plan for supporting addi21 tional nonregulatory strategies and 

22 technologies that could significantly 

23 prevent carbon dioxide emissions or 

24 reduce carbon dioxide levels in the air, 


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1 in conjunction with other Federal 

2 agencies. 

3 ‘‘(ii) INCLUSIONS.—The plan sub4 mitted under clause (i) shall include— 

5 ‘‘(I) a methodology for evaluating 

6 and ranking technologies based on the 

7 ability of the technologies to cost ef8 fectively reduce carbon dioxide emis9 sions or carbon dioxide levels in the 

10 air; and 

11 ‘‘(II) a description of any nonair12 related environmental or energy con13 siderations regarding the technologies. 

14 ‘‘(F) GAO REPORT.—The Comptroller 

15 General of the United States shall submit to 

16 Congress a report that— 

17 ‘‘(i) identifies all Federal grant pro18 grams in which a purpose of a grant under 

19 the program is to perform research on car20 bon capture and utilization technologies, 

21 including direct air capture technologies; 

22 and 

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

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1 ant to clause (i) overlap or are duplica2 tive.’’. 

3 TITLE II—IMPROVEMENT OF 

4 PERMITTING PROCESS FOR 

5 CARBON DIOXIDE CAPTURE 

6 AND INFRASTRUCTURE 

7 PROJECTS 

8 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC9 TURE PROJECTS. 

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

11 4370m(6)) is amended— 

12 (1) in subparagraph (A)— 

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

14 inserting ‘‘carbon capture,’’ after ‘‘manufac15 turing,’’; 

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

17 the end; 

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

19 (iii); and 

20 (D) by inserting after clause (i) the fol21 lowing: 

22 ‘‘(ii) is covered by a programmatic 

23 plan or environmental review developed for 

24 the primary purpose of facilitating develop25 ment of carbon dioxide pipelines; or’’; and 


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

2 ‘‘(C) INCLUSION.—For purposes of sub3 paragraph (A), construction of infrastructure 

4 for carbon capture includes construction of— 

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

6 that captures, utilizes, or sequesters car7 bon dioxide emissions, including projects 

8 for direct air capture (as defined in para9 graph (6)(B)(i) of section 103(g) of the 

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

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

12 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA13 TION, AND SEQUESTRATION REPORT, PER14 MITTING GUIDANCE, AND REGIONAL PERMIT15 TING TASK FORCE. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CARBON CAPTURE, UTILIZATION, AND SE18 QUESTRATION PROJECTS.—The term ‘‘carbon cap19 ture, utilization, and sequestration projects’’ includes 

20 projects for direct air capture (as defined in para21 graph (6)(B)(i) of section 103(g) of the Clean Air 

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

23 (2) EFFICIENT, ORDERLY, AND RESPON24 SIBLE.—The term ‘‘efficient, orderly, and respon25 sible’’ means, with respect to development or the 


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1 permitting process for carbon capture, utilization, 

2 and sequestration projects and carbon dioxide pipe3 lines, a process that is completed in an expeditious 

4 manner while maintaining environmental, health, 

5 and safety protections. 

6 (b) REPORT.— 

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

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

9 the Council on Environmental Quality (referred to in 

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

11 Administrator of the Environmental Protection 

12 Agency, the Secretary of Energy, the Secretary of 

13 the Interior, the Executive Director of the Federal 

14 Permitting Improvement Council, and the head of 

15 any other relevant Federal agency (as determined by 

16 the President), shall prepare a report that— 

17 (A) compiles all existing relevant Federal 

18 permitting and review information and re19 sources for project applicants, agencies, and 

20 other stakeholders interested in the deployment 

21 of carbon capture, utilization, and sequestration 

22 projects and carbon dioxide pipelines, includ23 ing— 

24 (i) the appropriate points of inter25 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 23:16 Apr 10, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S383.RS S383

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29 

•S 383 RS

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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30 

•S 383 RS

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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31 

•S 383 RS

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. 


pamtmann on DSKBFK8HB2PROD with BILLS
Calendar No. 70 

116TH CONGRESS 

1ST SESSION S. 383 

A BILL 

To support carbon dioxide utilization and direct air 

lines, and for other purposes. sequestration projects and carbon dioxide pipedevelopment of carbon capture, utilization, and capture research, to facilitate the permitting and 

APRIL 10, 2019 

Reported without amendment 


pamtmann on DSKBFK8HB2PROD with BILLS