I 118th CONGRESS 1st Session H. R. 5750 IN THE HOUSE OF REPRESENTATIVES September 27, 2023 Mr. Donalds introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Energy and Commerce , 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 direct the Nuclear Regulatory Commission, the Secretary of Energy, and the Secretary of Agriculture to collaborate to determine the feasibility of creating the Green Nuclear Fertilizer Program, and for other purposes.

1. Short title This Act may be cited as the Green Nuclear Fertilizer Act . 2. Findings Congress finds the following: (1) Green fertilizers, such as those produced by energy generated by an advanced nuclear reactor, are nitrate-based mineral fertilizers with the same chemical and physical composition as fertilizers produced with fossil fuels, but have a lower carbon footprint. (2) Pink hydrogen is hydrogen that is produced through electrolysis generated by nuclear energy, including energy generated by advanced nuclear reactors. (3) In 2023, approximately 95 percent of the hydrogen produced in the United States came from natural gas through a process called steam methane reforming. (4) Hydrogen is an essential feedstock for ammonia production, which is very energy intensive process, but this process could be augmented with advanced nuclear technology. (5) Ammonia is a commodity chemical used for fertilizers, and is produced through a high-pressure, high-heat catalytic reaction of nitrogen and hydrogen. (6) The ammonia market is expected to be one of the early deployment opportunities for advanced nuclear reactors through the sale of pink hydrogen. (7) According to the International Renewable Energy Agency, ammonia is the second-most produced chemical in the world by mass. (8) The International Energy Agency estimates ammonia production capacity will need to increase nearly 40 percent by 2050 to account for expected global population and economic growth. (9) According to the U.S. Geological Survey, 88 percent of ammonia consumption in the United States is for fertilizer production. (10) In 2021, the United States had 35 active ammonia production plants across 16 States, with 60 percent of production capacity located in Louisiana, Oklahoma, and Texas. (11) China produces almost a third of the world’s ammonia supply, using coal as the primary hydrogen feedstock. 3. Sense of Congress It is the sense of Congress that Congress— (1) understands the potential for the United States to be a global leader in producing pink hydrogen, zero-emissions ammonia, and green nuclear fertilizer; (2) believes the pink hydrogen market for ammonia in fertilizer products could be a considerable early market opportunity to assist with providing assurance to nuclear supply chain manufacturers while decreasing market risks associated with deploying advanced nuclear reactors; (3) encourages the United States to take advantage of this global leadership opportunity, both by assisting with advanced nuclear reactor deployment and providing farmers throughout the United States and rest of the world with green nuclear fertilizer; and (4) recognizes the positive environmental impacts that green nuclear fertilizer can have. 4. Examination of feasibility of Green Nuclear Fertilizer Program The Nuclear Regulatory Commission, the Secretary of Energy, and the Secretary of Agriculture shall collaborate to jointly examine— (1) the feasibility of establishing and carrying out a program, to be led by the Secretary of Agriculture and to be known as the Green Nuclear Fertilizer Program, under which the Nuclear Regulatory Commission, the Secretary of Energy, and the Secretary of Agriculture would— (A) act as a liaisons between the energy generating industry, the hydrogen production industry, the ammonia production industry, the fertilizer industry, and the agriculture industry; (B) to the extent authorized, ease regulatory restrictions associated with green nuclear fertilizer, including regulatory restrictions associated with licensing and deploying advanced nuclear reactors; and (C) act as a single source of contact for stakeholders interested in producing, purchasing, or selling green nuclear fertilizer such that stakeholders could contact and receive necessary information on green nuclear fertilizer, including safety information, information about the environmental benefits of green nuclear fertilizer, and other information; (2) if establishing and carrying the Green Nuclear Fertilizer Program is determined to be feasible under paragraph (1)— (A) what the goals of the Green Nuclear Fertilizer Program should be; (B) who will have access to the Green Fertilizer Program in both the nuclear industry and the agriculture industry, including advanced nuclear reactor developers, electric utilities, farmers, and fertilizer producers; and (C) how the Green Nuclear Fertilizer Program could provide resources or other assistance in establishing industry agreements for green nuclear fertilizer, including power purchase agreements, offtake agreements, or other contractual arrangements for green nuclear fertilizer; (3) the economic impacts, both domestically and internationally, of producing and using green nuclear fertilizers compared to fertilizers that are not produced with zero-emissions ammonia; (4) the health impacts associated with using green nuclear fertilizer, and a comparison of such health impacts to the health impacts of using fertilizers that are not produced with zero-emissions ammonia; (5) whether there is any impact on crops and overall yield associated with using green nuclear fertilizer; (6) regulatory changes needed to ease the way and prepare for the creation, sale, and procurement of green nuclear fertilizer; and (7) issues relating to infrastructure for the production of green nuclear fertilizer, including— (A) whether use of advanced nuclear reactors to produce pink hydrogen would impact existing fertilizer production infrastructure; (B) how advanced nuclear reactors could be used with existing infrastructure, including currently operational, retiring, and retired infrastructure, to produce pink hydrogen; (C) challenges associated with retrofitting existing infrastructure to deploy advanced nuclear reactors to be used for variable purposes, such as providing electricity to the electric grid and hydrogen production, based on necessity; and (D) challenges associated with constructing new pink hydrogen production facilities that are powered by an advanced nuclear reactor. 5. Report to Congress Not later than 365 days after the date of enactment of this Act, the Nuclear Regulatory Commission, the Secretary of Energy, and the Secretary of Agriculture shall jointly submit to the appropriate congressional committees a report on the examination conducted under section 4, including— (1) a determination on whether the establishment of the Green Nuclear Fertilizer Program is feasible and— (A) if it is determined to be feasible, a plan to develop the Program, and a description of steps for Congress to take to make the Program successful; and (B) if it is determined not to be feasible, a description of why it is not feasible, and possible solutions to make the Program feasible; and (2) an analysis of how such a Program would— (A) increase market demand for the deployment of advanced nuclear reactors in the United States; and (B) benefit the agriculture industry. 6. Definitions In this Act: (1) Advance nuclear reactor The term advanced nuclear reactor has the meaning given the term in section 3(1) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Energy and Commerce and the Committee on Agriculture of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Energy and Natural Resources, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (3) Green nuclear fertilizer The term green nuclear fertilizer means fertilizer that is produced with zero-emissions ammonia. (4) Pink hydrogen (A) In general The term pink hydrogen means hydrogen that is produced through electrolysis generated by nuclear energy. (B) Exclusion The term pink hydrogen does not include thermal hydrogen. (5) Zero-emissions ammonia The term zero-emissions ammonia means ammonia that is produced with pink hydrogen and nitrogen.