II 

Calendar No. 221 

116TH CONGRESS 

1ST SESSION S. 1685 

[Report No. 116–118] 

To require the Secretary of Energy to establish a program for the research, 

development, and demonstration of commercially viable technologies for 

the capture of carbon dioxide produced during the generation of natural 

gas-generated power. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. CORNYN (for himself, Mr. CASSIDY, Mr. COONS, Ms. SINEMA, and Mr. 

GARDNER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 25, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Secretary of Energy to establish a program 

for the research, development, and demonstration of commercially viable technologies for the capture of carbon 

dioxide produced during the generation of natural gasgenerated power. 

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 ‘‘Launching Energy Ad3 vancement and Development through Innovations for Nat4 ural Gas Act of 2019’’. 

5 SEC. 2. NATURAL GAS CARBON CAPTURE RESEARCH, DE6 VELOPMENT, AND DEMONSTRATION PRO7 GRAM. 

8 (a) IN GENERAL.—Subtitle F of title IX of the En9 ergy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, 

12 DEVELOPMENT, AND DEMONSTRATION PRO13 GRAM. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means an entity that documents to the satisfac17 tion of the Secretary that— 

18 ‘‘(A) the entity is financially responsible; 

19 and 

20 ‘‘(B) the entity will provide sufficient in21 formation to the Secretary to enable the Sec22 retary to ensure that any funds awarded to the 

23 entity are spent efficiently and effectively. 

24 ‘‘(2) NATURAL GAS.—The term ‘natural gas’ 

25 means any fuel consisting in whole or in part of— 

26 ‘‘(A) natural gas; 


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1 ‘‘(B) liquid petroleum gas; 

2 ‘‘(C) synthetic gas derived from petroleum 

3 or natural gas liquids; 

4 ‘‘(D) any mixture of natural gas and syn5 thetic gas; or 

6 ‘‘(E) any product derived directly from 

7 natural gas, including hydrogen. 

8 ‘‘(3) NATURAL GAS-GENERATED POWER.—The 

9 term ‘natural gas-generated power’ means electric 

10 energy generated through the use of natural gas. 

11 ‘‘(4) PROGRAM.—The term ‘program’ means 

12 the program established under subsection (b)(1). 

13 ‘‘(5) QUALIFYING ELECTRIC GENERATION FA14 CILITY.— 

15 ‘‘(A) IN GENERAL.—The term ‘qualifying 

16 electric generation facility’ means a facility that 

17 generates electric energy using natural gas as 

18 the fuel. 

19 ‘‘(B) INCLUSIONS.—The term ‘qualifying 

20 electric generation facility’ includes— 

21 ‘‘(i) a traditional natural gas plant; 

22 ‘‘(ii) a simple cycle plant; 

23 ‘‘(iii) a combined cycle plant; 

24 ‘‘(iv) a combined heat and power 

25 plant; or 


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1 ‘‘(v) any other facility that uses nat2 ural gas as the fuel for generating electric 

3 energy. 

4 ‘‘(6) QUALIFYING TECHNOLOGY.—The term 

5 ‘qualifying technology’ means any commercially via6 ble technology, as determined by the Secretary, for 

7 the capture of carbon dioxide produced during the 

8 generation of natural gas-generated power. 

9 ‘‘(b) ESTABLISHMENT OF RESEARCH, DEVELOP10 MENT, AND DEMONSTRATION PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish a program of research, development, and dem13 onstration of qualifying technologies for use by 

14 qualifying electric generation facilities. 

15 ‘‘(2) OBJECTIVES.—The objectives of the pro16 gram shall be— 

17 ‘‘(A) to identify opportunities to accelerate 

18 the development and commercial applications of 

19 qualifying technologies to reduce the quantity of 

20 carbon dioxide emissions released from quali21 fying electric generation facilities; 

22 ‘‘(B) to enter into cooperative agreements 

23 with eligible entities to expedite and carry out 

24 demonstration projects (including pilot projects) 

25 for qualifying technologies for use by qualifying 


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1 electric generation facilities to demonstrate the 

2 technical feasibility and economic potential of 

3 those qualifying technologies for commercial de4 ployment; and 

5 ‘‘(C) to identify any barriers to the com6 mercial deployment of any qualifying tech7 nologies under development. 

8 ‘‘(3) PARTICIPATION OF NATIONAL LABORA9 TORIES, UNIVERSITIES, AND RESEARCH FACILI10 TIES.—The program may include the participation 

11 of— 

12 ‘‘(A) National Laboratories; 

13 ‘‘(B) institutions of higher education; 

14 ‘‘(C) research facilities; or 

15 ‘‘(D) other appropriate entities. 

16 ‘‘(4) COOPERATIVE AGREEMENTS.— 

17 ‘‘(A) IN GENERAL.—In carrying out the 

18 program, the Secretary may enter into coopera19 tive agreements with eligible entities to carry 

20 out research, development, and demonstration 

21 projects for qualifying technologies. 

22 ‘‘(B) APPLICATIONS; PROPOSALS.—An eli23 gible entity desiring to enter into a cooperative 

24 agreement under this paragraph shall submit to 

25 the Secretary an application at such time, in 


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1 such manner, and containing such information 

2 as the Secretary may require. 

3 ‘‘(c) CARBON CAPTURE FACILITIES DEMONSTRATION

4 PROGRAM.— 

5 ‘‘(1) ESTABLISHMENT.—As part of the pro6 gram, the Secretary shall establish a demonstration 

7 program under which the Secretary shall enter into 

8 cooperative agreements with eligible entities for dem9 onstration or pilot projects to license, permit, con10 struct, and operate, by not later than September 30, 

11 2025, three or more facilities to capture carbon diox12 ide from qualifying electric generation facilities. 

13 ‘‘(2) GOALS.—Each demonstration or pilot 

14 project under the demonstration program shall— 

15 ‘‘(A) be designed to further the develop16 ment of qualifying technologies that may be 

17 used by a qualifying electric generation facility; 

18 ‘‘(B) be financed in part by the private 

19 sector; 

20 ‘‘(C) if necessary, secure agreements for 

21 the offtake of the majority of the carbon dioxide 

22 emissions captured by qualifying technologies 

23 during the project; and 

24 ‘‘(D) support energy production in the 

25 United States. 


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1 ‘‘(3) REQUEST FOR APPLICATIONS.—Not later 

2 than 120 days after the date of enactment of this 

3 Act, the Secretary shall solicit applications for coop4 erative agreements for projects— 

5 ‘‘(A) to demonstrate qualifying tech6 nologies at three or more qualifying electric 

7 generation facilities; 

8 ‘‘(B) to obtain any license or permit from 

9 a State or Federal agency that is necessary for 

10 the construction of three or more facilities to 

11 capture carbon dioxide from a qualifying elec12 tric generation facility; and 

13 ‘‘(C) to construct and operate three or 

14 more facilities to capture carbon dioxide from a 

15 qualifying electric generation facility. 

16 ‘‘(4) REVIEW OF APPLICATIONS.—In reviewing 

17 applications submitted under paragraph (3), the 

18 Secretary, to the maximum extent practicable, 

19 shall— 

20 ‘‘(A) ensure a broad geographic distribu21 tion of project sites; 

22 ‘‘(B) ensure that a broad selection of 

23 qualifying electric generation facilities are rep24 resented; 


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1 ‘‘(C) ensure that a broad selection of quali2 fying technologies are represented; 

3 ‘‘(D) require information and knowledge 

4 gained by each participant in the demonstration 

5 program to be transferred and shared among— 

6 ‘‘(i) all participants in the demonstra7 tion program; and 

8 ‘‘(ii) other interested parties; and 

9 ‘‘(E) leverage existing— 

10 ‘‘(i) public-private partnerships; and 

11 ‘‘(ii) Federal resources. 

12 ‘‘(d) COST SHARING.—In carrying out this section, 

13 the Secretary shall require cost sharing in accordance with 

14 section 988. 

15 ‘‘(e) FEE TITLE.—The Secretary may vest fee title 

16 or other property interests acquired under cooperative 

17 agreements entered into under subsection (b)(4) in any 

18 entity, including the United States. 

19 ‘‘(f) REPORT.—Not later than 180 days after the 

20 date on which the Secretary solicits applications under 

21 subsection (c)(3), and annually thereafter, the Secretary 

22 shall submit to the appropriate committees of jurisdiction 

23 of the Senate and the House of Representatives a report 

24 that— 


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1 ‘‘(1) with respect to subsections (b) and (c), in2 cludes recommendations for any legislative changes 

3 needed to improve the implementation of those sub4 sections; 

5 ‘‘(2) with respect to subsection (b), includes— 

6 ‘‘(A) a detailed description of how applica7 tions for cooperative agreements under para8 graph (4) of that subsection will be solicited 

9 and evaluated, including— 

10 ‘‘(i) a list of any activities carried out 

11 by the Secretary to solicit or evaluate ap12 plications; and 

13 ‘‘(ii) a process for ensuring that any 

14 projects carried out under a cooperative 

15 agreement are designed to result in the de16 velopment or demonstration of qualifying 

17 technologies; 

18 ‘‘(B) a detailed list of technical milestones 

19 for each qualifying technology pursued under 

20 that subsection; 

21 ‘‘(C) a detailed description of how each 

22 project carried out pursuant to a cooperative 

23 agreement under paragraph (4) of that sub24 section will meet the milestones for carbon cap25 ture described in the September 2017 report of 


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1 the Office of Fossil Energy entitled ‘Accel2 erating Breakthrough Innovation in Carbon 

3 Capture, Utilization, and Storage’; and 

4 ‘‘(D) an affirmation from the Secretary 

5 that all recipients of funding under that sub6 section are eligible entities; and 

7 ‘‘(3) with respect to the demonstration program 

8 established under subsection (c), includes— 

9 ‘‘(A) an estimate of the cost of licensing, 

10 permitting, constructing, and operating each 

11 carbon capture facility expected to be con12 structed under that demonstration program; 

13 ‘‘(B) a schedule for— 

14 ‘‘(i) obtaining any license or permit 

15 necessary to construct and operate each 

16 carbon capture facility expected to be con17 structed; and 

18 ‘‘(ii) constructing each facility; and 

19 ‘‘(C) an estimate of any financial assist20 ance, compensation, or incentives proposed to 

21 be paid by the host State, Indian Tribe, or local 

22 government with respect to each facility. 

23 ‘‘(g) FUNDING.—For each of fiscal years 2020 

24 through 2025, out of any amounts appropriated to the De25 partment to carry out fossil energy research and developVerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1685.RS S1685

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1 ment activities and not otherwise obligated, the Secretary 

2 may use to carry out this section not more than 

3 $50,000,000.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Energy Policy Act of 2005 (Public Law 109–58; 

6 119 Stat. 600) is amended by inserting after the item re7 lating to section 968 the following: 

‘‘Sec. 969. Natural gas carbon capture research, development, and demonstration program.’’. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Launching Energy Ad10 vancement and Development through Innovations for Nat11 ural Gas Act of 2019’’. 

12 SEC. 2. NATURAL GAS CARBON CAPTURE RESEARCH, DE13 VELOPMENT, AND DEMONSTRATION PRO14 GRAM. 

15 (a) IN GENERAL.—Subtitle F of title IX of the Energy 

16 Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended 

17 by adding at the end the following: 

18 ‘‘SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, DE19 VELOPMENT, AND DEMONSTRATION PRO20 GRAM. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) COMMERCIALLY VIABLE TECHNOLOGY.—The 

23 term ‘commercially viable technology’ means tech24 nology that has the potential to be successfully deVerDate Sep 11 2014 00:13 Sep 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1685.RS S1685

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1 ployed and compete effectively in the marketplace at 

2 an appropriate size or scale. 

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti4 ty’ means an entity that documents to the satisfaction 

5 of the Secretary that— 

6 ‘‘(A) the entity is financially responsible; 

7 and 

8 ‘‘(B) the entity will provide sufficient infor9 mation to the Secretary to enable the Secretary 

10 to ensure that any funds awarded to the entity 

11 are spent efficiently and effectively. 

12 ‘‘(3) NATURAL GAS.—The term ‘natural gas’ 

13 means any fuel consisting in whole or in part of— 

14 ‘‘(A) natural gas; 

15 ‘‘(B) liquid petroleum gas; 

16 ‘‘(C) synthetic gas derived from petroleum 

17 or natural gas liquids; 

18 ‘‘(D) any mixture of natural gas and syn19 thetic gas; or 

20 ‘‘(E) biomethane. 

21 ‘‘(4) NATURAL GAS-GENERATED POWER.—The 

22 term ‘natural gas-generated power’ means— 

23 ‘‘(A) electric energy generated through the 

24 use of natural gas; and 


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1 ‘‘(B) the generation of hydrogen from nat2 ural gas. 

3 ‘‘(5) PROGRAM.—The term ‘program’ means the 

4 program established under subsection (b)(1). 

5 ‘‘(6) QUALIFYING ELECTRIC GENERATION FACIL6 ITY.— 

7 ‘‘(A) IN GENERAL.—The term ‘qualifying 

8 electric generation facility’ means a facility that 

9 generates electric energy using natural gas as the 

10 fuel. 

11 ‘‘(B) INCLUSIONS.—The term ‘qualifying 

12 electric generation facility’ includes a new or ex13 isting— 

14 ‘‘(i) simple cycle plant; 

15 ‘‘(ii) combined cycle plant; 

16 ‘‘(iii) combined heat and power plant; 

17 ‘‘(iv) steam methane reformer that pro18 duces hydrogen from natural gas for use in 

19 the production of electric energy; or 

20 ‘‘(v) facility that uses natural gas as 

21 the fuel for generating electric energy. 

22 ‘‘(7) QUALIFYING TECHNOLOGY.—The term 

23 ‘qualifying technology’ means any commercially via24 ble technology, as determined by the Secretary, for the 


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1 capture of carbon dioxide produced during the genera2 tion of natural gas-generated power. 

3 ‘‘(b) ESTABLISHMENT OF RESEARCH, DEVELOPMENT, 

4 AND DEMONSTRATION PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall establish 

6 a program of research, development, and demonstra7 tion of qualifying technologies for use by qualifying 

8 electric generation facilities. 

9 ‘‘(2) OBJECTIVES.—The objectives of the program 

10 shall be— 

11 ‘‘(A) to identify opportunities to accelerate 

12 the development and commercial applications of 

13 qualifying technologies to reduce the quantity of 

14 carbon dioxide emissions released from quali15 fying electric generation facilities; 

16 ‘‘(B) to enter into cooperative agreements 

17 with eligible entities to expedite and carry out 

18 demonstration projects (including pilot projects) 

19 for qualifying technologies for use by qualifying 

20 electric generation facilities to demonstrate the 

21 technical and commercial viability of those 

22 qualifying technologies for commercial deploy23 ment; and 


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1 ‘‘(C) to identify any barriers to the com2 mercial deployment of any qualifying tech3 nologies under development. 

4 ‘‘(3) PARTICIPATION OF NATIONAL LABORA5 TORIES, UNIVERSITIES, AND RESEARCH FACILITIES.— 

6 The program may include the participation of— 

7 ‘‘(A) National Laboratories; 

8 ‘‘(B) institutions of higher education; 

9 ‘‘(C) research facilities; or 

10 ‘‘(D) other appropriate entities. 

11 ‘‘(4) COOPERATIVE AGREEMENTS.— 

12 ‘‘(A) IN GENERAL.—In carrying out the 

13 program, the Secretary may enter into coopera14 tive agreements with eligible entities to carry out 

15 research, development, and demonstration 

16 projects for qualifying technologies. 

17 ‘‘(B) APPLICATIONS; PROPOSALS.—An eligi18 ble entity desiring to enter into a cooperative 

19 agreement under this paragraph shall submit to 

20 the Secretary an application at such time, in 

21 such manner, and containing such information 

22 as the Secretary may require. 

23 ‘‘(c) CARBON CAPTURE FACILITIES DEMONSTRATION

24 PROGRAM.— 


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1 ‘‘(1) ESTABLISHMENT.—As part of the program, 

2 the Secretary shall establish a demonstration program 

3 under which the Secretary shall enter into cooperative 

4 agreements with eligible entities for demonstration or 

5 pilot projects to license, permit, construct, and oper6 ate, by not later than September 30, 2025, 3 or more 

7 facilities to capture carbon dioxide from qualifying 

8 electric generation facilities. 

9 ‘‘(2) GOALS.—Each demonstration or pilot 

10 project under the demonstration program shall— 

11 ‘‘(A) be designed to further the development 

12 of qualifying technologies that may be used by a 

13 qualifying electric generation facility; 

14 ‘‘(B) be financed in part by the private sec15 tor; 

16 ‘‘(C) if necessary, secure agreements for the 

17 offtake of the majority of the carbon dioxide 

18 emissions captured by qualifying technologies 

19 during the project; and 

20 ‘‘(D) support energy production in the 

21 United States. 

22 ‘‘(3) REQUEST FOR APPLICATIONS.—Not later 

23 than 120 days after the date of enactment of this Act, 

24 the Secretary shall solicit applications for cooperative 

25 agreements for projects— 


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1 ‘‘(A) to demonstrate qualifying technologies 

2 at 3 or more qualifying electric generation facili3 ties; 

4 ‘‘(B) to obtain any license or permit from 

5 a State or Federal agency that is necessary for 

6 the construction of 3 or more facilities to capture 

7 carbon dioxide from a qualifying electric genera8 tion facility; and 

9 ‘‘(C) to construct and operate 3 or more fa10 cilities to capture carbon dioxide from a quali11 fying electric generation facility. 

12 ‘‘(4) REVIEW OF APPLICATIONS.—In reviewing 

13 applications submitted under paragraph (3), the Sec14 retary, to the maximum extent practicable, shall— 

15 ‘‘(A) ensure a broad geographic distribution 

16 of project sites; 

17 ‘‘(B) ensure that a broad selection of quali18 fying electric generation facilities are rep19 resented; 

20 ‘‘(C) ensure that a broad selection of quali21 fying technologies are represented; and 

22 ‘‘(D) leverage existing— 

23 ‘‘(i) public-private partnerships; and 

24 ‘‘(ii) Federal resources. 


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1 ‘‘(d) COST SHARING.—In carrying out this section, the 

2 Secretary shall require cost sharing in accordance with sec3 tion 988. 

4 ‘‘(e) FEE TITLE.—The Secretary may vest fee title or 

5 other property interests acquired under cooperative agree6 ments entered into under subsection (b)(4) in any entity, 

7 including the United States. 

8 ‘‘(f) REPORT.—Not later than 180 days after the date 

9 on which the Secretary solicits applications under sub10 section (c)(3), and annually thereafter, the Secretary shall 

11 submit to the appropriate committees of jurisdiction of the 

12 Senate and the House of Representatives a report that— 

13 ‘‘(1) with respect to subsections (b) and (c), in14 cludes recommendations for any legislative changes 

15 needed to improve the implementation of those sub16 sections; 

17 ‘‘(2) with respect to subsection (b), includes— 

18 ‘‘(A) a detailed description of how applica19 tions for cooperative agreements under para20 graph (4) of that subsection will be solicited and 

21 evaluated, including— 

22 ‘‘(i) a list of any activities carried out 

23 by the Secretary to solicit or evaluate appli24 cations; and 


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1 ‘‘(ii) a process for ensuring that any 

2 projects carried out under a cooperative 

3 agreement are designed to result in the de4 velopment or demonstration of qualifying 

5 technologies; 

6 ‘‘(B) a detailed list of technical milestones 

7 for each qualifying technology pursued under 

8 that subsection; 

9 ‘‘(C) a detailed description of how each 

10 project carried out pursuant to a cooperative 

11 agreement under paragraph (4) of that sub12 section will meet the milestones for carbon cap13 ture described in the September 2017 report of 

14 the Office of Fossil Energy entitled ‘Accelerating 

15 Breakthrough Innovation in Carbon Capture, 

16 Utilization, and Storage’; and 

17 ‘‘(D) an affirmation from the Secretary that 

18 all recipients of funding under that subsection 

19 are eligible entities; and 

20 ‘‘(3) with respect to the demonstration program 

21 established under subsection (c), includes— 

22 ‘‘(A) an estimate of the cost of licensing, 

23 permitting, constructing, and operating each 

24 carbon capture facility expected to be constructed 

25 under that demonstration program; 


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1 ‘‘(B) a schedule for— 

2 ‘‘(i) obtaining any license or permit 

3 necessary to construct and operate each car4 bon capture facility expected to be con5 structed; and 

6 ‘‘(ii) constructing each facility; and 

7 ‘‘(C) an estimate of any financial assist8 ance, compensation, or incentives proposed to be 

9 paid by the host State, Indian Tribe, or local 

10 government with respect to each facility. 

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to the Secretary to carry out 

13 this section $50,000,000 for each of fiscal years 2020 

14 through 2025.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents for 

16 the Energy Policy Act of 2005 (Public Law 109–58; 119 

17 Stat. 600) is amended by inserting after the item relating 

18 to section 968 the following: 

‘‘Sec. 969. Natural gas carbon capture research, development, and demonstration 

program.’’. 


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Calendar No. 221 

116TH CONGRESS 

1ST SESSION S. 1685 

[Report No. 116–118] 

A BILL 

To require the Secretary of Energy to establish a 

the generation of natural gas-generated power. the capture of carbon dioxide produced during onstration of commercially viable technologies for program for the research, development, and demSEPTEMBER 25, 2019 

Reported with an amendment 


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