I 
110TH CONGRESS 
2D SESSION 
H. R. 6258 
To accelerate the development and early deployment of systems for the cap-
ture and storage of carbon dioxide emissions from fossil fuel electric 
generation facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2008 
Mr. BOUCHER (for himself, Mr. UPTON, Mr. MURTHA, Mr. BARTON of Texas, 
Mr. RAHALL, Mr. WHITFIELD
of Kentucky, Mr. COSTELLO, Mr. 
SHIMKUS, Mr. MATHESON, Mr. DOYLE, Mr. HOLDEN, Mr. ELLSWORTH, 
Mr. HILL, Mr. WILSON of Ohio, and Ms. PRYCE of Ohio) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Science and Technology, 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 com-
mittee concerned 
A BILL 
To accelerate the development and early deployment of sys-
tems for the capture and storage of carbon dioxide emis-
sions from fossil fuel electric generation facilities, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Carbon Capture and 
Storage Early Deployment Act’’. 
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SEC. 2. DEFINITIONS. 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(2) DISTRIBUTION
UTILITY.—The term ‘‘dis-
tribution utility’’ means an electric utility that has 
a legal, regulatory, or contractual obligation to de-
liver electricity directly to retail consumers. 
(3) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning provided by section 3(22) 
of the Federal Power Act (16 U.S.C. 796(22)). 
(4) FOSSIL
FUEL-BASED
ELECTRICITY.—The 
term ‘‘fossil fuel-based electricity’’ means electricity 
that is produced from the combustion of fossil fuels. 
(5) FOSSIL
FUEL.—The term ‘‘fossil fuel’’ 
means coal, petroleum, natural gas or any derivative 
of coal, petroleum, or natural gas. 
(6) CORPORATION.—The term ‘‘Corporation’’ 
means the Carbon Storage Research Corporation es-
tablished in accordance with this Act. 
(7) QUALIFIED INDUSTRY ORGANIZATION.—The 
term ‘‘qualified industry organization’’ means any 
association or group of owners or operators of dis-
tribution utilities delivering fossil fuel-based elec-
tricity who collectively represent at least 20 percent 
of the volume of fossil fuel-based electricity delivered 
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by distribution utilities to consumers in the United 
States. 
SEC. 3. CARBON STORAGE RESEARCH CORPORATION. 
(a) ESTABLISHMENT.—Qualified industry organiza-
tions may conduct, at their own expense, a referendum 
among the owners or operators of distribution utilities de-
livering fossil fuel-based electricity for the creation of a 
Carbon Storage Research Corporation. Such referendum 
shall be conducted by an independent auditing firm agreed 
to by the qualified industry organizations. Voting rights 
in such referendum shall be based on the quantity of fossil 
fuel-based electricity delivered to consumers in the pre-
vious calendar year or other representative period. Upon 
approval of those persons representing two-thirds of the 
total quantity of fossil fuel-based electricity delivered to 
retail consumers, the Corporation shall be established. All 
distribution utilities voting in the referendum shall certify 
to the independent auditing firm the quantity of fossil 
fuel-based electricity represented by their vote. 
(b) TERMINATION.—The Corporation shall be au-
thorized to collect assessments and conduct operations 
pursuant to this Act for a 10-year period from the date 
6 months after the date of enactment of this Act. After 
such 10-year period, the Corporation is no longer author-
ized to collect assessments and shall be dissolved on the 
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date 15 years after such date of enactment, unless the 
period is extended by an Act of Congress. 
(c) GOVERNANCE.—The Corporation shall operate as 
a division or affiliate of the Electric Power Research Insti-
tute (EPRI) and be managed by a Board of not more than 
12 members responsible for its operations, including com-
pliance with this Act. The Institute, working in consulta-
tion with industry organizations representing investor- 
owned utilities, utilities owned by a Federal or State agen-
cy or municipality, and rural electric cooperatives, shall 
appoint the Board. The Board shall include at least one 
representative of each of the following: 
(1) Investor-owned utilities. 
(2) Utilities owned by a Federal or State agen-
cy or a municipality. 
(3) Rural electric cooperatives. 
(4) Fossil fuel producers. 
(d) COMPENSATION.—Corporation Board members 
shall receive no compensation for their services, nor shall 
Corporation Board members be reimbursed for expenses 
relating to their service. 
(e) TERMS.—Corporation Board members shall serve 
terms of 4 years and may serve not more than 2 full con-
secutive terms. Members filling unexpired terms may serve 
not more than a total of 8 consecutive years. Former 
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members of the Corporation Board may be reappointed 
to the Corporation Board if they have not been members 
for a period of 2 years. Initial appointments to the Cor-
poration Board shall be for terms of 1, 2, 3, and 4 years, 
staggered to provide for the selection of 3 members each 
year. 
(f) STATUS
OF CORPORATION.—The Corporation 
shall not be considered to be an agency, department, or 
instrumentality of the United States, and no officer or di-
rector or employee of the Corporation shall be considered 
to be an officer or employee of the United States Govern-
ment, for purposes of title 5 or title 31 of the United 
States Code, or for any other purpose, and no funds of 
the Corporation shall be treated as public money for pur-
poses of chapter 33 of title 31, United States Code, or 
for any other purpose. 
SEC. 4. FUNCTIONS AND ADMINISTRATION OF THE COR-
PORATION. 
(a) IN GENERAL.—Except as provided in subsection 
(d), the Corporation shall use all funds derived from as-
sessments under section 5 to issue grants and contracts 
to private, academic, and governmental entities with the 
purpose of accelerating the commercial demonstration or 
availability of carbon dioxide capture and storage tech-
nologies and methods, including technologies which cap-
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ture and store, or capture and convert, carbon dioxide. 
Grants and awards shall be made on a competitive basis 
reflecting best overall value and prospect for achieving the 
purposes of this Act. Board Members shall not participate 
in making grants or awards to entities with whom they 
are affiliated. The Corporation may use such funds to pur-
chase carbon dioxide through reverse auctions or other ac-
quisition methods, when needed to conduct tests of carbon 
dioxide storage sites, in the case of established projects 
that are storing carbon dioxide emissions or for other pur-
poses consistent with the purposes of this Act. The Cor-
poration shall support large-scale demonstrations of car-
bon capture and Storage technologies capable of advanc-
ing the technologies to commercial readiness. Pilot-scale 
and similar small-scale projects are not eligible for support 
by the Corporation. Supported projects should encompass 
a range of different coal and other fossil fuel varieties, 
be geographically diverse, involve diverse storage media, 
and employ capture and storage, or capture and conver-
sion, technologies potentially suitable either for new or for 
retrofit applications. The Board shall also establish poli-
cies regarding the ownership of intellectual property devel-
oped as a result of Corporation grants and other forms 
of technology support. Such policies shall encourage indi-
vidual ingenuity and invention. 
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(b) RELATIONSHIP
TO DEPARTMENT
OF ENERGY 
AND ACADEMIC ORGANIZATIONS.—The Board may ap-
prove grants or contracts to support programs or projects 
under the auspices of the Department of Energy or its 
affiliated national laboratories and other fossil energy re-
search entities, including the Regional Carbon Sequestra-
tion Partnerships, where such support promises to accel-
erate the commercial development and demonstration of 
carbon capture and storage, or carbon capture and conver-
sion, technologies. Grant and contract support also may 
be provided to projects or programs managed by academic 
organizations or consortia, where such support promises 
to accelerate the commercial development and demonstra-
tion of carbon capture and storage technologies. 
(c) ADMINISTRATION.—The members of the Board of 
Directors of the Corporation shall elect a Chairman and 
other officers as necessary, may establish committees and 
subcommittees of the Corporation, and shall adopt rules 
and bylaws for the conduct of business and the implemen-
tation of this Act. The Corporation Board shall consult 
with the Electric Power Research Institute Advisory Coun-
cil and the Secretary and the Director of the Department’s 
National Energy Technology Laboratory to obtain advice 
and recommendations on plans, programs, project selec-
tion criteria, and projects to be funded by the Corporation. 
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The Board shall appoint an Executive Director and pro-
fessional support staff who may be employees of the Elec-
tric Power Research Institute. 
(d) ADMINISTRATIVE EXPENSES.—Up to 5 percent 
of the funds collected in any fiscal year under section 5 
may be used for the administrative expenses of operating 
the Corporation (not including costs incurred in the deter-
mination and collection of the assessments pursuant to 
section 5). 
(e) BUDGET.—Before August 1 each year, the Cor-
poration shall publish for public review and comment a 
budget plan for the next calendar year, including the prob-
able costs of all programs, projects, and contracts and a 
recommended rate of assessment sufficient to cover such 
costs. The Secretary may recommend programs and activi-
ties the Secretary considers appropriate. 
(f) RECORDS; AUDITS.—The Corporation shall keep 
minutes, books, and records that clearly reflect all of the 
acts and transactions of the Corporation and make public 
such information. The books of the Corporation shall be 
audited by a certified public accountant at least once each 
fiscal year and at such other times as the Corporation may 
designate. Copies of each audit shall be provided to the 
Congress, all members of the Corporation, all qualified in-
dustry organizations, and to other members of the indus-
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try upon request. If the audit determines that the Cor-
poration’s practices fail to meet generally accepted ac-
counting principles the assessment collection authority of 
the Corporation under section 5 shall be suspended until 
a certified public accountant renders a subsequent opinion 
that the failure has been corrected. 
(g) PUBLIC ACCESS.—(1) The Corporation Board’s 
meetings shall be open to the public and shall occur after 
at least 30 days advance public notice. Meetings of the 
Board of Directors may be closed to the public where the 
agenda of such meetings includes only confidential matters 
pertaining to project selection, the award of grants or con-
tracts, personnel matter, or the receipt of legal advice. 
(2) The minutes of all meetings of the Corporation 
shall be made available to and readily accessible by the 
public. 
(h) ANNUAL REPORT.—Each year the Corporation 
shall prepare and make publicly available a report which 
includes an identification and description of all programs 
and projects undertaken by the Corporation during the 
previous year as well as those planned for the coming year. 
The report shall also detail the allocation or planned allo-
cation of Corporation resources for each such program 
and project. 
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SEC. 5. ASSESSMENTS. 
(a) AMOUNT.—(1) In all calendar years following its 
establishment, the Corporation shall collect an assessment 
on distribution utilities for all fossil fuel-based electricity 
delivered directly to retail consumers. The assessments 
shall reflect the relative carbon dioxide emission rates of 
different fossil fuel-based electricity, and initially shall be 
not less than the following amounts for coal, natural gas, 
and oil: 
Rate of assessment 
Fuel type: 
per kilowatt hour: 
Coal ..............................................................................................
$0.00043 
Natural Gas .................................................................................
$0.00022 
Oil ................................................................................................
$0.00032 
(2) The Corporation is authorized to adjust the as-
sessments on fossil fuel-based electricity to reflect changes 
in the expected quantities of such electricity from different 
fuel types, such that the assessments generate not less 
than $1.0 billion and not more than $1.1 billion annually. 
The Corporation is authorized to supplement assessments 
through additional financial commitments. 
(b) INVESTMENT OF FUNDS.—Pending disbursement 
pursuant to a program, plan, or project, the Corporation 
may invest funds collected through assessments under this 
section, and any other funds received by the Corporation, 
only in obligations of the United States or any agency 
thereof, in general obligations of any State or any political 
subdivision thereof, in any interest-bearing account or cer-
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tificate of deposit of a bank that is a member of the Fed-
eral Reserve System, or in obligations fully guaranteed as 
to principal and interest by the United States. 
(c) REVERSION OF UNUSED FUNDS.—If the Cor-
poration does not disburse, dedicate or assign 75 percent 
or more of the available proceeds of the assessed fees in 
any calendar year 7 or more years following its establish-
ment, due to an absence of qualified projects or similar 
circumstances, it shall reimburse the remaining undedicat-
ed or unassigned balance of such fees, less administrative 
and other expenses authorized by this Act, to the distribu-
tion utilities upon which such fees were assessed, in pro-
portion to their collected assessments. 
SEC. 6. COMPLIANCE WITH CORPORATION ASSESSMENTS. 
The Corporation may bring an action in the appro-
priate court of the United States to compel compliance 
with an assessment levied by the Corporation under this 
Act. A successful action for compliance under this section 
may also require payment by the defendant of the costs 
incurred by the Corporation in bringing such action. 
SEC. 7. MIDCOURSE REVIEW. 
Not later than 5 years following establishment of the 
Corporation, the Comptroller General of the United States 
shall prepare an analysis, and report to Congress, assess-
ing the Corporation’s activities, including project selection 
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and methods of disbursement of assessed fees, impacts on 
the prospects for commercialization of carbon capture and 
storage technologies, and adequacy of funding. The report 
shall also make such recommendations as may be appro-
priate in each of these areas. The Corporation shall reim-
burse the Government Accountability Office for the costs 
associated with performing this midcourse review. 
SEC. 8. RECOVERY OF COSTS. 
(a) IN GENERAL.—All costs that are incurred by a 
distribution utility to comply with the requirements of this 
Act shall be deemed necessary and reasonable costs and 
shall be fully and contemporaneously recoverable in all ju-
risdictions. A distribution utility whose transmission, de-
livery, or sales of electric energy are subject to any form 
of rate regulation shall not be denied the opportunity to 
recover the full amount of the costs associated with com-
plying with this Act, notwithstanding any other law, regu-
lation, rule, administrative order, or any agreement, in-
cluding any settlement agreement, between the distribu-
tion utility and any regulatory authority, including any 
State regulatory authority, or any other party. 
(b) RATEPAYER REBATES.—Regulatory authorities 
that approve cost recovery pursuant to section 8(a) may 
order rebates to ratepayers to the extent that distribution 
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utilities are reimbursed undedicated or unassigned bal-
ances pursuant to section 5(c). 
SEC. 9. LOBBYING RESTRICTIONS. 
No funds collected by the Corporation shall be used 
in any manner for influencing legislation or elections, ex-
cept that the Corporation may recommend to the Sec-
retary and the Congress changes in this Act or other stat-
utes that would further the purposes of this Act. 
SEC. 10. DAVIS-BACON COMPLIANCE. 
The Corporation shall ensure that entities receiving 
grants, contracts, or other financial support from the Cor-
poration for the project activities authorized by this Act 
are in compliance with the Davis-Bacon Act (40 U.S.C. 
276a—276a–5). 
Æ 
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