II 118th CONGRESS 2d Session S. 3615 IN THE SENATE OF THE UNITED STATES January 18, 2024 Mr. Coons (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to remove carbon dioxide directly from ambient air or seawater, and for other purposes.

1. Short title This Act may be cited as the Federal Carbon Dioxide Removal Leadership Act of 2024 . 2. Federal requirement to remove carbon dioxide (a) Definitions In this section: (1) Eligible technology (A) In general The term eligible technology means any equipment, technique, or technology, as determined by the Secretary, that— (i) was placed into service after January 1, 2022; and (ii) removes carbon dioxide directly from ambient air or seawater. (B) Exclusion The term eligible technology does not include any equipment, technique, or technology that— (i) removes carbon dioxide that is deliberately released from naturally occurring subsurface springs; (ii) removes carbon dioxide using natural photosynthesis, except as provided in subparagraph (C); or (iii) uses captured carbon dioxide in enhanced oil recovery. (C) Expansion of eligible technology Notwithstanding subparagraph (B)(ii), any equipment, technique, or technology that removes carbon dioxide using gasification, pyrolysis, or sequestration of solid, nonhazardous, and cellulosic waste materials may be included in the term eligible technology if the Secretary, by rule— (i) determines that an entity that carries out a removal project under this section is able— (I) to adequately monitor, report, and verify the quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions), calculated on a lifecycle basis, removed using that equipment, technique, or technology; and (II) to adequately mitigate the environmental impacts (including impacts on biodiversity, land use, and air and water quality) associated with that equipment, technique, or technology; and (ii) requires that entity to carry out the activities described in clause (i). (2) Lifecycle basis The term lifecycle basis means the net sum of all greenhouse gas emissions (using mass values for all greenhouse gases that are adjusted to account for their relative global warming potential, in consultation with the Administrator of the Environmental Protection Agency) and removals associated with carbon dioxide removal activity from cradle to grave, including— (A) embodied emissions of the applicable equipment; and (B) any emissions associated with— (i) energy and feedstock inputs; (ii) the carbon dioxide removal process; and (iii) carbon dioxide storage, including use and disposal of any materials or products associated with carbon dioxide storage. (3) Remove The term remove , with respect to carbon dioxide, means— (A) to capture carbon dioxide using eligible technology; and (B) to permanently store that captured carbon dioxide— (i) in dedicated subsurface geologic storage reported under sections 98.440 and 146.91(e) of title 40, Code of Federal Regulations (or successor regulations); (ii) in building materials and mineralized carbon materials; or (iii) using other permanent storage methods, as determined by the Secretary. (4) Secretary The term Secretary means the Secretary of Energy. (5) Small removal project The term small removal project means a project for the removal of carbon dioxide that removes not more than 5 percent of the net metric tons of carbon dioxide required to be removed under subsection (b) for the applicable fiscal year. (b) Required quantities The Secretary shall, to the extent economically feasible as determined under subsection (c), remove— (1) 50,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2024 and 2025; (2) 500,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2026 through 2028; (3) 5,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for each of fiscal years 2029 through 2034; and (4) 10,000,000 net metric tons of carbon dioxide, calculated on a lifecycle basis, for fiscal year 2035 and each fiscal year thereafter. (c) Economic feasibility (1) In general The removal of carbon dioxide under subsection (b) shall be considered economically feasible if that removal can be accomplished or, in the case of a contract under subsection (i), purchased— (A) for each of fiscal years 2024 and 2025, at a price per metric ton of carbon dioxide of not more than $750 (which the Secretary may adjust for inflation); (B) for each of fiscal years 2026 through 2028, at a price per metric ton of carbon dioxide of not more than $500 (which the Secretary may adjust for inflation); (C) for each of fiscal years 2029 through 2031, at a price per metric ton of carbon dioxide of not more than $300 (which the Secretary may adjust for inflation); (D) for each of fiscal years 2032 through 2034, at a price per metric ton of carbon dioxide of not more than $200 (which the Secretary may adjust for inflation); and (E) for fiscal year 2035 and each fiscal year thereafter, at a price per metric ton of carbon dioxide of not more than $150 (which the Secretary may adjust for inflation). (2) Inclusion of monitoring, reporting, and verification costs In determining whether the removal of carbon dioxide is considered economically feasible under paragraph (1), the price for such removal shall include any costs associated with the monitoring, reporting, and verification required under subsection (g)(1). (3) Multiyear contracts The removal of carbon dioxide carried out pursuant to a contract entered into under subsection (i) that is a multiyear contract shall be considered economically feasible if such removal can be accomplished at the applicable dollar amount for the first fiscal year of the contract, as provided in paragraph (1), through the entire length of the contract. (d) Timing For each fiscal year, the Secretary shall remove the quantity of carbon dioxide required under subsection (b) for that fiscal year not later than 3 years after the beginning of that fiscal year. (e) Small removal project set-Aside To the extent practicable, at least 20 percent of the net metric tons of carbon dioxide required to be removed under subsection (b) for each of fiscal years 2024 through 2034 shall be removed through small removal projects. (f) Federal assistance Funds received pursuant to a contract entered into under subsection (i) shall not be considered Federal assistance or otherwise affect eligibility for any Federal assistance, including a tax incentive. (g) Monitoring, reporting, and verification (1) In general The Secretary, or an entity with which the Secretary enters into a contract under subsection (i), shall monitor, report, and verify the net metric tons of carbon dioxide that the Secretary or the entity, as applicable, removes for purposes of this section. (2) Standards Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other relevant Federal agencies, as determined by the Secretary, shall establish standards for the monitoring, reporting, and verification of the net metric tons of carbon dioxide removed pursuant to this section, which shall— (A) require the use of best available practices used by similar carbon dioxide removal projects; (B) ensure safe, effective, and efficient removal of carbon dioxide; (C) require independent, third-party verification of carbon dioxide removal; (D) ensure additionality, permanence, and net-negativity of carbon dioxide removal; (E) include criteria to determine whether the storage of captured carbon dioxide is permanent; (F) ensure scientifically rigorous and transparent methods for monitoring, reporting, and verifying under paragraph (1); and (G) be regularly reviewed and, as necessary, updated to account for scientific and technological advancements. (3) Prohibition on double counting Carbon dioxide that is removed for the purpose of complying with any other greenhouse gas emissions management program, including any foreign, Federal, State, local, or private greenhouse gas emissions management program, as determined by the Secretary, may not be considered removed under subsection (b) for purposes of meeting the requirements of that subsection. (h) Priorities In carrying out removal projects pursuant to subsection (b), the Secretary shall give priority to projects based on the degree to which the project— (1) minimizes the quantity of greenhouse gas emissions released by carrying out the project; (2) supports the commercialization of innovative removal technologies; (3) increases the diversity of commercially available eligible technologies; (4) provides for domestic job creation, with a further preference for establishing partnerships with labor organizations, small businesses, minority-owned businesses, and women-owned businesses across value chains; (5) results in economic development or economic diversification in regions or localities that have historically generated significant economic activity from the production, processing, transportation, or combustion of fossil fuels, including through the use of coal mines, fossil fuel-fired electricity generating units, and petroleum refining facilities; (6) quantifies and mitigates risks from carbon dioxide removal activities on, and provides measurable cobenefits to, environmental justice communities, the environment, agriculture, and public health, including by— (A) improving local air quality, water quality, and soil quality; (B) minimizing land, water, and energy footprints; and (C) using zero-emission energy; and (7) includes robust public engagement and community benefits. (i) Contracts (1) In general The Secretary may, using a transparent and competitive process, enter into 1 or more contracts to meet the requirements of subsection (b). (2) Duration The duration of a contract entered into under paragraph (1) shall not exceed 15 years. (3) Maintenance of removal commitments A contract entered into under paragraph (1) shall require the entity that enters into the contract to permanently store an additional quantity of carbon dioxide that is equal to the quantity of carbon dioxide that is released after permanent storage by that entity. (4) Limitation To the extent that there is a sufficient number of entities capable of removing carbon dioxide in accordance with this section under a contract entered into paragraph (1), the Secretary shall ensure that no singular entity is responsible for removing more than 25 percent of the net metric tons of carbon dioxide required to be removed under subsection (b) in any fiscal year. (j) Report Not later than January 1, 2027, and every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available, a report that describes the progress made in carrying out the requirements of this section, including, with respect to the period covered by the report— (1) the quantities of removed carbon dioxide verified under subsection (g)(1) and the name of each entity that provided that verified quantity; (2) the total price, and price per metric ton, of removing carbon dioxide for each applicable fiscal year as required under subsection (b); (3) the methods used for the monitoring, reporting, and verification required under subsection (g)(1); (4) an assessment of how the quantities of carbon dioxide removed under this section have affected environmental justice communities, the environment, agriculture, and public health; (5) information on any labor impacts and job creation resulting from carrying out the requirements of subsection (b); and (6) an explanation of how the Secretary prioritized projects under subsection (h). (k) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 3. Study on the long-term future of Federal carbon dioxide removal management (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other relevant Federal agencies, as determined by the Secretary of Energy, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that evaluates and makes recommendations for potential program design elements and financing options for a Federal carbon dioxide removal offtake program that can achieve carbon dioxide removal from the atmosphere and the oceans at a gigaton scale annually by January 1, 2050. (b) Contents The report under subsection (a) shall include consideration of potential management and organizational structures for the program described in that subsection, including— (1) a government-sponsored enterprise; (2) a government corporation; (3) a program office within the Department of Energy or another Federal agency; and (4) a contracted service provider.