I 

115TH CONGRESS 

2D SESSION H. R. 7347 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2018 

Mr. PETERS (for himself, Mr. MCKINLEY, Mr. VEASEY, and Mrs. BUSTOS) 

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, 

Space, and Technology, Natural Resources, Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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) monitoring and 

14 verification procedures for 

15 approved projects; 

16 ‘‘(bb) offer financial awards 

17 for a project designed— 

18 ‘‘(AA) to capture more 

19 than 10,000 tons of carbon 

20 dioxide per year; and 

21 ‘‘(BB) to be deployed 

22 at a cost of less than $200 

23 per ton of carbon dioxide 

24 captured; 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 ‘‘(IV) PEER REVIEW.—No finan24 cial awards may be provided under 

25 this clause until the proposal for 


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1 which the award is sought has been 

2 peer reviewed in accordance with such 

3 standards for peer review as are es4 tablished by the Administrator. 

5 ‘‘(iii) DIRECT AIR CAPTURE TECH6 NOLOGY ADVISORY BOARD.— 

7 ‘‘(I) ESTABLISHMENT.—There is 

8 established an advisory board to be 

9 known as the ‘Direct Air Capture 

10 Technology Advisory Board’. 

11 ‘‘(II) COMPOSITION.—The Board 

12 shall be composed of 9 members ap13 pointed by the Administrator, who 

14 shall provide expertise in— 

15 ‘‘(aa) climate science; 

16 ‘‘(bb) physics; 

17 ‘‘(cc) chemistry; 

18 ‘‘(dd) biology; 

19 ‘‘(ee) engineering; 

20 ‘‘(ff) economics; 

21 ‘‘(gg) business management; 

22 and 

23 ‘‘(hh) such other disciplines 

24 as the Administrator determines 


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1 to be necessary to achieve the 

2 purposes of this subparagraph. 

3 ‘‘(III) TERM; VACANCIES.— 

4 ‘‘(aa) TERM.—A member of 

5 the Board shall serve for a term 

6 of 6 years. 

7 ‘‘(bb) VACANCIES.—A va8 cancy on the Board— 

9 ‘‘(AA) shall not affect 

10 the powers of the Board; 

11 and 

12 ‘‘(BB) shall be filled in 

13 the same manner as the 

14 original appointment was 

15 made. 

16 ‘‘(IV) INITIAL MEETING.—Not 

17 later than 30 days after the date on 

18 which all members of the Board have 

19 been appointed, the Board shall hold 

20 the initial meeting of the Board. 

21 ‘‘(V) MEETINGS.—The Board 

22 shall meet at the call of the Chair23 person. 

24 ‘‘(VI) QUORUM.—A majority of 

25 the members of the Board shall conVerDate Sep 11 2014 01:10 Dec 23, 2018 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7347.IH H7347

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1 stitute a quorum, but a lesser number 

2 of members may hold hearings. 

3 ‘‘(VII) CHAIRPERSON AND VICE

4 CHAIRPERSON.—The Board shall se5 lect a Chairperson and Vice Chair6 person from among the members of 

7 the Board. 

8 ‘‘(VIII) COMPENSATION.—Each 

9 member of the Board may be com10 pensated at not to exceed the daily 

11 equivalent of the annual rate of basic 

12 pay in effect for a position at level V 

13 of the Executive Schedule under sec14 tion 5316 of title 5, United States 

15 Code, for each day during which the 

16 member is engaged in the actual per17 formance of the duties of the Board. 

18 ‘‘(IX) DUTIES.—The Board shall 

19 advise the Administrator on carrying 

20 out the duties of the Administrator 

21 under this subparagraph. 

22 ‘‘(X) FACA.—The Federal Advi23 sory Committee Act (5 U.S.C. App.) 

24 shall apply to the Board. 

25 ‘‘(iv) INTELLECTUAL PROPERTY.— 


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1 ‘‘(I) IN GENERAL.—As a condi2 tion of receiving a financial award 

3 under this subparagraph, an applicant 

4 shall agree to vest the intellectual 

5 property of the applicant derived from 

6 the technology in 1 or more entities 

7 that are incorporated in the United 

8 States. 

9 ‘‘(II) RESERVATION OF LI10 CENSE.—The United States— 

11 ‘‘(aa) may reserve a non12 exclusive, nontransferable, irrev13 ocable, paid-up license, to have 

14 practiced for or on behalf of the 

15 United States, in connection with 

16 any intellectual property de17 scribed in subclause (I); but 

18 ‘‘(bb) shall not, in the exer19 cise of a license reserved under 

20 item (aa), publicly disclose pro21 prietary information relating to 

22 the license. 

23 ‘‘(III) TRANSFER OF TITLE.— 

24 Title to any intellectual property de25 scribed in subclause (I) shall not be 


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1 transferred or passed, except to an 

2 entity that is incorporated in the 

3 United States, until the expiration of 

4 the first patent obtained in connection 

5 with the intellectual property. 

6 ‘‘(v) AUTHORIZATION OF APPROPRIA7 TIONS.—There is authorized to be appro8 priated to carry out this subparagraph 

9 $25,000,000, to remain available until ex10 pended. 

11 ‘‘(vi) TERMINATION OF AUTHORITY.— 

12 The Board and all authority provided 

13 under this subparagraph shall terminate 

14 on December 31, 2028. 

15 ‘‘(C) CARBON DIOXIDE UTILIZATION RE16 SEARCH.— 

17 ‘‘(i) DEFINITION OF CARBON DIOXIDE

18 UTILIZATION.—In this subparagraph, the 

19 term ‘carbon dioxide utilization’ refers to 

20 technologies or approaches that lead to the 

21 use of carbon dioxide— 

22 ‘‘(I) through the fixation of car23 bon dioxide through photosynthesis or 

24 chemosynthesis, such as through the 

25 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, including the consideration of 

9 lifecycle analysis developed pursuant to 

10 section 45Q(f)(5)(B) of the Internal Rev11 enue Code of 1986. 

12 ‘‘(vi) AUTHORIZATION OF APPROPRIA13 TIONS.—There is authorized to be appro14 priated to carry out this subparagraph 

15 $50,000,000, to remain available until ex16 pended. 

17 ‘‘(D) DEEP SALINE FORMATION RE18 PORT.— 

19 ‘‘(i) DEFINITION OF DEEP SALINE

20 FORMATION.— 

21 ‘‘(I) IN GENERAL.—In this sub22 paragraph, the term ‘deep saline for23 mation’ means a formation of sub24 surface geographically extensive sedi25 mentary rock layers saturated with 


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1 waters or brines that have a high total 

2 dissolved solids content and that are 

3 below the depth where carbon dioxide 

4 can exist in the formation as a super5 critical fluid. 

6 ‘‘(II) CLARIFICATION.—In this 

7 subparagraph, the term ‘deep saline 

8 formation’ does not include oil and 

9 gas reservoirs. 

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

11 the Secretary of Energy, and, as appro12 priate, with the head of any other relevant 

13 Federal agency and relevant stakeholders, 

14 not later than 1 year after the date of en15 actment of the USE IT Act, the Adminis16 trator shall prepare, submit to Congress, 

17 and make publicly available a report that 

18 includes— 

19 ‘‘(I) a comprehensive identifica20 tion of potential risks and benefits to 

21 project developers associated with in22 creased storage of carbon dioxide cap23 tured from stationary sources in deep 

24 saline formations, using existing re25 search; 


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1 ‘‘(II) recommendations for man2 aging the potential risks identified 

3 under subclause (I), including poten4 tial risks unique to public land; and 

5 ‘‘(III) recommendations for Fed6 eral legislation or other policy changes 

7 to mitigate any potential risks identi8 fied under subclause (I). 

9 ‘‘(E) REPORT ON CARBON DIOXIDE NON10 REGULATORY STRATEGIES AND TECH11 NOLOGIES.— 

12 ‘‘(i) IN GENERAL.—Not less fre13 quently than once every 2 years, the Ad14 ministrator shall submit to the Committee 

15 on Environment and Public Works of the 

16 Senate and the Committee on Energy and 

17 Commerce of the House of Representatives 

18 a report that describes— 

19 ‘‘(I) the recipients of assistance 

20 under subparagraphs (B) and (C); 

21 and 

22 ‘‘(II) a plan for supporting addi23 tional nonregulatory strategies and 

24 technologies that could significantly 

25 prevent carbon dioxide emissions or 


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1 reduce carbon dioxide levels in the air, 

2 in conjunction with other Federal 

3 agencies. 

4 ‘‘(ii) INCLUSIONS.—The plan sub5 mitted under clause (i) shall include— 

6 ‘‘(I) a methodology for evaluating 

7 and ranking technologies based on the 

8 ability of the technologies to cost ef9 fectively reduce carbon dioxide emis10 sions or carbon dioxide levels in the 

11 air; and 

12 ‘‘(II) a description of any nonair13 related environmental or energy con14 siderations regarding the tech15 nologies.’’. 

16 TITLE II—IMPROVEMENT OF 

17 PERMITTING PROCESS FOR 

18 CARBON DIOXIDE CAPTURE 

19 AND INFRASTRUCTURE 

20 PROJECTS 

21 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC22 TURE PROJECTS. 

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

24 4370m(6)) is amended— 

25 (1) in subparagraph (A)— 


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

2 inserting ‘‘carbon capture,’’ before ‘‘renewable 

3 or conventional’’; 

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

5 the end; 

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

7 (iii); and 

8 (D) by inserting after clause (i) the fol9 lowing: 

10 ‘‘(ii) is covered by a programmatic 

11 plan or environmental review developed for 

12 the primary purpose of facilitating develop13 ment of carbon dioxide pipelines; or’’; and 

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

15 ‘‘(C) ASSOCIATED DEFINITION.—For pur16 poses of subparagraph (A), the term ‘construc17 tion of infrastructure for carbon capture’ in18 cludes construction of any facility, technology, 

19 or system that captures, utilizes, or sequesters 

20 carbon dioxide emissions and carbon dioxide 

21 pipelines.’’. 


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1 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA2 TION, AND SEQUESTRATION REPORT, PER3 MITTING GUIDANCE, AND REGIONAL PERMIT4 TING TASK FORCE. 

5 (a) DEFINITION OF EFFICIENT, ORDERLY, AND RE6 SPONSIBLE.—In this section, the term ‘‘efficient, orderly, 

7 and responsible’’ means, with respect to development or 

8 the permitting process for carbon capture, utilization, and 

9 sequestration projects and carbon dioxide pipelines, a 

10 process that is completed in an expeditious manner while 

11 maintaining environmental, health, and safety protections. 

12 (b) REPORT.— 

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

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

15 the Council on Environmental Quality (referred to in 

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

17 Administrator of the Environmental Protection 

18 Agency, the Secretary of Energy, the Secretary of 

19 the Interior, the Executive Director of the Federal 

20 Permitting Improvement Council, and the head of 

21 any other relevant Federal agency (as determined by 

22 the President), shall prepare a report that— 

23 (A) compiles all existing relevant Federal 

24 permitting and review information and re25 sources for project applicants, agencies, and 

26 other stakeholders interested in the deployment 


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1 of carbon capture, utilization, and sequestration 

2 projects and carbon dioxide pipelines, includ3 ing— 

4 (i) the appropriate points of inter5 action with Federal agencies; 

6 (ii) clarification of the permitting re7 sponsibilities and authorities among Fed8 eral agencies; and 

9 (iii) best practices and templates for 

10 permitting; 

11 (B) inventories current or emerging activi12 ties that transform captured carbon dioxide into 

13 a product of commercial value, or as an input 

14 to products of commercial value; 

15 (C) identifies gaps in the current Federal 

16 regulatory framework for the deployment of 

17 carbon capture, utilization, and sequestration 

18 projects and carbon dioxide pipelines; 

19 (D) identifies Federal financing mecha20 nisms available to project developers, including 

21 tax credits under section 45Q of the Internal 

22 Revenue Code of 1986; and 

23 (E) identifies any lifecycle analysis devel24 oped pursuant to section 45Q(f)(5)(B) of the 

25 Internal Revenue Code of 1986. 


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1 (2) SUBMISSION; PUBLICATION.—The Chair 

2 shall— 

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

4 to the Committee on Environment and Public 

5 Works of the Senate and the Committee on En6 ergy and Commerce of the House of Represent7 atives; and 

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

9 publicly available. 

10 (c) GUIDANCE.— 

11 (1) IN GENERAL.—After submission of the re12 port under subsection (b)(2), but not later than 1 

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

14 Chair shall submit guidance consistent with that re15 port to all relevant Federal agencies that— 

16 (A) facilitates reviews associated with the 

17 deployment of carbon capture, utilization, and 

18 sequestration projects and carbon dioxide pipe19 lines; and 

20 (B) supports the efficient, orderly, and re21 sponsible development of carbon capture, utili22 zation, and sequestration projects and carbon 

23 dioxide pipelines. 

24 (2) REQUIREMENTS.— 


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1 (A) IN GENERAL.—The guidance under 

2 paragraph (1) shall address requirements 

3 under— 

4 (i) the National Environmental Policy 

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

6 (ii) the Federal Water Pollution Con7 trol Act (33 U.S.C. 1251 et seq.); 

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

9 7401 et seq.); 

10 (iv) the Safe Drinking Water Act (42 

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

12 (v) the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.); 

14 (vi) division A of subtitle III of title 

15 54, United States Code (formerly known 

16 as the ‘‘National Historic Preservation 

17 Act’’); 

18 (vii) the Migratory Bird Treaty Act 

19 (16 U.S.C. 703 et seq.); 

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

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

22 the ‘‘Bald and Golden Eagle Protection 

23 Act’’); and 

24 (ix) any other Federal law that the 

25 Chair determines to be appropriate. 


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1 (B) ENVIRONMENTAL REVIEWS.—The 

2 guidance under paragraph (1) shall include di3 rection to States and other interested parties 

4 for the development of programmatic environ5 mental reviews under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) for carbon capture, utilization, and se8 questration projects and carbon dioxide pipe9 lines. 

10 (C) PUBLIC INVOLVEMENT.—The guidance 

11 under paragraph (1) shall be subject to the 

12 public notice, comment, and solicitation of in13 formation procedures under section 1506.6 of 

14 title 40, Code of Federal Regulations (or a suc15 cessor regulation). 

16 (3) SUBMISSION; PUBLICATION.—The Chair 

17 shall— 

18 (A) submit the guidance under paragraph 

19 (1) to the Committee on Environment and Pub20 lic Works of the Senate and the Committee on 

21 Energy and Commerce of the House of Rep22 resentatives; and 

23 (B) as soon as practicable, make the guid24 ance publicly available. 

25 (4) EVALUATION.—The Chair shall— 


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1 (A) periodically evaluate the reports of the 

2 task forces under subsection (d)(5) and, as nec3 essary, revise the guidance under paragraph 

4 (1); and 

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

6 Environment and Public Works of the Senate, 

7 the Committee on Energy and Commerce of the 

8 House of Representatives, and relevant Federal 

9 agencies a report that describes any rec10 ommendations for legislation, rules, revisions to 

11 rules, or other policies that would address the 

12 issues identified by the task forces under sub13 section (d)(5). 

14 (d) TASK FORCE.— 

15 (1) ESTABLISHMENT.—Not later than 18 

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

17 Chair shall establish not less than 2 task forces, 

18 which shall each cover a different geographical area 

19 with differing demographic, land use, or geological 

20 issues— 

21 (A) to identify permitting and other chal22 lenges and successes that permitting authorities 

23 and project developers and operators face; and 

24 (B) to improve the performance of the per25 mitting process and regional coordination for 


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1 the purpose of promoting the efficient, orderly, 

2 and responsible development of carbon capture, 

3 utilization, and sequestration projects and car4 bon dioxide pipelines. 

5 (2) MEMBERS AND SELECTION.— 

6 (A) IN GENERAL.—The Chair shall— 

7 (i) develop criteria for the selection of 

8 members to each task force; and 

9 (ii) select members for each task force 

10 in accordance with clause (i) and subpara11 graph (B). 

12 (B) MEMBERS.—Each task force— 

13 (i) shall include not less than 1 rep14 resentative of each of— 

15 (I) the Environmental Protection 

16 Agency; 

17 (II) the Department of Energy; 

18 (III) the Department of the Inte19 rior; 

20 (IV) any other Federal agency 

21 the Chair determines to be appro22 priate; 

23 (V) any State that requests par24 ticipation in the geographical area 

25 covered by the task force; 


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1 (VI) developers or operators of 

2 carbon capture, utilization, and se3 questration projects or carbon dioxide 

4 pipelines; and 

5 (VII) nongovernmental member6 ship organizations, the primary mis7 sion of which concerns protection of 

8 the environment; and 

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

10 government, may include a representative 

11 of— 

12 (I) not less than 1 local govern13 ment in the geographical area covered 

14 by the task force; and 

15 (II) not less than 1 Tribal gov16 ernment in the geographical area cov17 ered by the task force. 

18 (3) MEETINGS.— 

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

20 meet not less than twice each year. 

21 (B) JOINT MEETING.—To the maximum 

22 extent practicable, the task forces shall meet 

23 collectively not less than once each year. 

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


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1 (A) inventory existing or potential Federal 

2 and State approaches to facilitate reviews asso3 ciated with the deployment of carbon capture, 

4 utilization, and sequestration projects and car5 bon dioxide pipelines, including best practices 

6 that— 

7 (i) avoid duplicative reviews; 

8 (ii) engage stakeholders early in the 

9 permitting process; and 

10 (iii) make the permitting process effi11 cient, orderly, and responsible; 

12 (B) develop common models for State-level 

13 carbon dioxide pipeline regulation and oversight 

14 guidelines that can be shared with States in the 

15 geographical area covered by the task force; 

16 (C) provide technical assistance to States 

17 in the geographical area covered by the task 

18 force in implementing regulatory requirements 

19 and any models developed under subparagraph 

20 (B); 

21 (D) inventory current or emerging activi22 ties that transform captured carbon dioxide into 

23 a product of commercial value, or as an input 

24 to products of commercial value; 


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•HR 7347 IH

1 (E) 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 (F) identify Federal and State financing 

7 mechanisms available to project developers, in8 cluding tax credits under section 45Q of the In9 ternal Revenue Code of 1986; 

10 (G) identify any lifecycle analysis devel11 oped pursuant to section 45Q(f)(5)(B) of the 

12 Internal Revenue Code of 1986; and 

13 (H) develop recommendations for relevant 

14 Federal agencies on how to develop and re15 search technologies that— 

16 (i) can capture carbon dioxide; and 

17 (ii) would be able to be deployed with18 in the region covered by the task force, in19 cluding any projects that have received 

20 technical or financial assistance for re21 search under paragraph (6) of section 

22 103(g) of the Clean Air Act (42 U.S.C. 

23 7403(g)). 


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•HR 7347 IH

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

2 prepare and submit to the Chair and to the other 

3 task forces a report that includes— 

4 (A) any recommendations for improve5 ments in efficient, orderly, and responsible 

6 issuance or administration of Federal permits 

7 and other Federal authorizations required 

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

9 and 

10 (B) any other nationally relevant informa11 tion that the task force has collected in carrying 

12 out the duties under paragraph (4). 

13 (6) EVALUATION.—Not later than December 

14 31, 2023, the Chair shall— 

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

16 and 

17 (B) submit to Congress a recommendation 

18 as to whether the task forces should continue. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS