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I
116TH CONGRESS
2D SESSION
H. R. 5865
To advance technologies for carbon capture, utilization, and storage, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 2020
Mr. MCKINLEY introduced the following bill; which was referred to the Com-
mittee 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 de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To advance technologies for carbon capture, utilization, and
storage, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Carbon Capture, Utili-
4
zation, and Storage Innovation Act’’ or the ‘‘CCUS Inno-
5
vation Act’’.
6
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SEC. 2. PROJECTS FOR CARBON CAPTURE, UTILIZATION,
1
AND STORAGE.
2
(a) CATEGORIES.—Section 1703(b)(5) of the Energy
3
Policy Act of 2005 (42 U.S.C. 16513(b)(5)) is amended
4
by striking ‘‘Carbon capture and sequestration’’ and in-
5
serting ‘‘Carbon capture, utilization, and storage’’.
6
(b) INCLUDED PROJECTS.—Section 1703 of the En-
7
ergy Policy Act of 2005 (42 U.S.C. 16513) is amended
8
by adding at the end the following:
9
‘‘(f) CARBON CAPTURE, UTILIZATION, AND STORAGE
10
PROJECTS.—The category of projects described in sub-
11
section (b)(5) includes projects involving practices or tech-
12
nologies relating to—
13
‘‘(1) development of infrastructure to enable
14
carbon capture, utilization, or storage, including
15
pipelines;
16
‘‘(2) direct air capture;
17
‘‘(3) pre-combustion capture, and post-combus-
18
tion capture, of carbon dioxide for fossil fuel based
19
systems, such as power plants and industrial proc-
20
esses that utilize fossil energy;
21
‘‘(4) carbon dioxide storage in geologic forma-
22
tions;
23
‘‘(5) carbon storage efficiency and security
24
through the use of new and early-stage monitoring
25
tools and models;
26
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•HR 5865 IH
‘‘(6) the conversion of carbon dioxide into sub-
1
stances or products with higher economic value;
2
‘‘(7) the conversion of carbon dioxide into bio-
3
mass;
4
‘‘(8) the synthesis of fuels and organic chemi-
5
cals; and
6
‘‘(9) the synthesis of inorganic materials and
7
chemicals.’’.
8
(c) REPORT.—Not later than 1 year after the date
9
of enactment of this Act, the Secretary of Energy shall
10
submit to the Committee on Energy and Commerce of the
11
House of Representatives a report describing—
12
(1) with respect to projects described in sub-
13
section (f) of section 1703 of the Energy Policy Act
14
of 2005 (as added by this section)—
15
(A) the status of each such project for
16
which a guarantee has been awarded under
17
such section 1703; and
18
(B) any recommendations relating to im-
19
plementation of title XVII of such Act with re-
20
spect to such projects;
21
(2) opportunities to expand the use of carbon
22
capture, utilization, and storage for reducing indus-
23
trial sector emissions;
24
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(3) statutory and regulatory barriers to the de-
1
ployment and commercialization of carbon capture,
2
utilization, and storage technologies; and
3
(4) any recommendations to advance carbon
4
capture, utilization, and storage technologies.
5
SEC. 3. RESEARCH, INVESTIGATION, TRAINING, AND OTHER
6
ACTIVITIES.
7
Section 103 of the Clean Air Act (42 U.S.C. 7403)
8
is amended—
9
(1) in subsection (c)(3), in the first sentence of
10
the matter preceding subparagraph (A), by striking
11
‘‘percursors’’ and inserting ‘‘precursors’’; and
12
(2) in subsection (g)—
13
(A)
by
redesignating
paragraphs
(1)
14
through (4) as subparagraphs (A) through (D),
15
respectively, and indenting appropriately;
16
(B) in the undesignated matter following
17
subparagraph (D) (as so redesignated)—
18
(i) in the second sentence, by striking
19
‘‘The Administrator’’ and inserting the fol-
20
lowing:
21
‘‘(5) COORDINATION AND AVOIDANCE OF DU-
22
PLICATION.—The Administrator’’; and
23
(ii) in the first sentence, by striking
24
‘‘Nothing’’ and inserting the following:
25
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‘‘(4) EFFECT OF SUBSECTION.—Nothing’’;
1
(C) in the matter preceding subparagraph
2
(A) (as so redesignated)—
3
(i) in the third sentence, by striking
4
‘‘Such program’’ and inserting the fol-
5
lowing:
6
‘‘(3) PROGRAM
INCLUSIONS.—The program
7
under this subsection’’;
8
(ii) in the second sentence—
9
(I) by inserting ‘‘States, institu-
10
tions of higher education,’’ after ‘‘sci-
11
entists,’’; and
12
(II) by striking ‘‘Such strategies
13
and technologies shall be developed’’
14
and inserting the following:
15
‘‘(2)
PARTICIPATION
REQUIREMENT.—Such
16
strategies and technologies described in paragraph
17
(1) shall be developed’’; and
18
(iii) in the first sentence, by striking
19
‘‘In carrying out’’ and inserting the fol-
20
lowing:
21
‘‘(1) IN GENERAL.—In carrying out’’; and
22
(D) by adding at the end the following:
23
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.—
24
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‘‘(A) IN GENERAL.—In carrying out para-
1
graph (3)(A) with respect to carbon dioxide, the
2
Administrator shall carry out the activities de-
3
scribed in each of subparagraphs (B), (C), (D),
4
and (E).
5
‘‘(B) DIRECT AIR CAPTURE RESEARCH.—
6
‘‘(i) DEFINITIONS.—In this subpara-
7
graph:
8
‘‘(I) BOARD.—The term ‘Board’
9
means the Direct Air Capture Tech-
10
nology Advisory Board established by
11
clause (iii)(I).
12
‘‘(II) DILUTE.—The term ‘dilute’
13
means a concentration of less than 1
14
percent by volume.
15
‘‘(III) DIRECT AIR CAPTURE.—
16
‘‘(aa) IN
GENERAL.—The
17
term ‘direct air capture’, with re-
18
spect to a facility, technology, or
19
system, means that the facility,
20
technology, or system uses car-
21
bon capture equipment to cap-
22
ture carbon dioxide directly from
23
the air.
24
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‘‘(bb)
EXCLUSION.—The
1
term ‘direct air capture’ does not
2
include any facility, technology,
3
or system that captures carbon
4
dioxide—
5
‘‘(AA) that is delib-
6
erately released from a natu-
7
rally occurring subsurface
8
spring; or
9
‘‘(BB)
using
natural
10
photosynthesis.
11
‘‘(IV)
INTELLECTUAL
PROP-
12
ERTY.—The term ‘intellectual prop-
13
erty’ means—
14
‘‘(aa) an invention that is
15
patentable under title 35, United
16
States Code; and
17
‘‘(bb) any patent on an in-
18
vention described in item (aa).
19
‘‘(ii) TECHNOLOGY PRIZES.—
20
‘‘(I) IN
GENERAL.—Not later
21
than 1 year after the date of enact-
22
ment of the CCUS Innovation Act,
23
the Administrator, in consultation
24
with the Secretary of Energy, shall es-
25
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•HR 5865 IH
tablish a program to provide, and
1
shall provide, financial awards on a
2
competitive basis for direct air cap-
3
ture from media in which the con-
4
centration of carbon dioxide is dilute.
5
‘‘(II) DUTIES.—In carrying out
6
this clause, the Administrator shall—
7
‘‘(aa) subject to subclause
8
(III), develop specific require-
9
ments for—
10
‘‘(AA) the competition
11
process; and
12
‘‘(BB) the demonstra-
13
tion of performance of ap-
14
proved projects;
15
‘‘(bb) offer financial awards
16
for a project designed—
17
‘‘(AA) to the maximum
18
extent practicable, to cap-
19
ture more than 10,000 tons
20
of carbon dioxide per year;
21
and
22
‘‘(BB) to operate in a
23
manner that would be com-
24
mercially viable in the fore-
25
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•HR 5865 IH
seeable future (as deter-
1
mined by the Board); and
2
‘‘(cc) to the maximum ex-
3
tent practicable, make financial
4
awards to geographically diverse
5
projects, including at least—
6
‘‘(AA) 1 project in a
7
coastal State; and
8
‘‘(BB) 1 project in a
9
rural State.
10
‘‘(III) PUBLIC PARTICIPATION.—
11
In carrying out subclause (II)(aa), the
12
Administrator shall—
13
‘‘(aa) provide notice of and,
14
for a period of not less than 60
15
days, an opportunity for public
16
comment on, any draft or pro-
17
posed version of the requirements
18
described in subclause (II)(aa);
19
and
20
‘‘(bb) take into account pub-
21
lic comments received in devel-
22
oping the final version of those
23
requirements.
24
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‘‘(iii) DIRECT
AIR
CAPTURE
TECH-
1
NOLOGY ADVISORY BOARD.—
2
‘‘(I) ESTABLISHMENT.—There is
3
established an advisory board to be
4
known as the ‘Direct Air Capture
5
Technology Advisory Board’.
6
‘‘(II) COMPOSITION.—The Board
7
shall be composed of 9 members ap-
8
pointed by the Administrator, who
9
shall provide expertise in—
10
‘‘(aa) climate science;
11
‘‘(bb) physics;
12
‘‘(cc) chemistry;
13
‘‘(dd) biology;
14
‘‘(ee) engineering;
15
‘‘(ff) economics;
16
‘‘(gg) business management;
17
and
18
‘‘(hh) such other disciplines
19
as the Administrator determines
20
to be necessary to achieve the
21
purposes of this subparagraph.
22
‘‘(III) TERM; VACANCIES.—
23
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‘‘(aa) TERM.—A member of
1
the Board shall serve for a term
2
of 6 years.
3
‘‘(bb) VACANCIES.—A va-
4
cancy on the Board—
5
‘‘(AA) shall not affect
6
the powers of the Board;
7
and
8
‘‘(BB) shall be filled in
9
the same manner as the
10
original
appointment
was
11
made.
12
‘‘(IV) INITIAL
MEETING.—Not
13
later than 30 days after the date on
14
which all members of the Board have
15
been appointed, the Board shall hold
16
the initial meeting of the Board.
17
‘‘(V)
MEETINGS.—The
Board
18
shall meet at the call of the Chair-
19
person or on the request of the Ad-
20
ministrator.
21
‘‘(VI) QUORUM.—A majority of
22
the members of the Board shall con-
23
stitute a quorum, but a lesser number
24
of members may hold hearings.
25
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‘‘(VII) CHAIRPERSON AND VICE
1
CHAIRPERSON.—The Board shall se-
2
lect a Chairperson and Vice Chair-
3
person from among the members of
4
the Board.
5
‘‘(VIII)
COMPENSATION.—Each
6
member of the Board may be com-
7
pensated at not to exceed the daily
8
equivalent of the annual rate of basic
9
pay in effect for a position at level V
10
of the Executive Schedule under sec-
11
tion 5316 of title 5, United States
12
Code, for each day during which the
13
member is engaged in the actual per-
14
formance of the duties of the Board.
15
‘‘(IX) DUTIES.—The Board shall
16
advise the Administrator on carrying
17
out the duties of the Administrator
18
under this subparagraph.
19
‘‘(X) FACA.—The Federal Advi-
20
sory Committee Act (5 U.S.C. App.)
21
shall apply to the Board.
22
‘‘(iv) INTELLECTUAL PROPERTY.—
23
‘‘(I) IN GENERAL.—As a condi-
24
tion of receiving a financial award
25
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•HR 5865 IH
under this subparagraph, an applicant
1
shall agree to vest the intellectual
2
property of the applicant derived from
3
the technology in one or more entities
4
that are incorporated in the United
5
States.
6
‘‘(II)
RESERVATION
OF
LI-
7
CENSE.—The United States—
8
‘‘(aa) may reserve a non-
9
exclusive, nontransferable, irrev-
10
ocable, paid-up license, to have
11
practiced for or on behalf of the
12
United States, in connection with
13
any
intellectual
property
de-
14
scribed in subclause (I); but
15
‘‘(bb) shall not, in the exer-
16
cise of a license reserved under
17
item (aa), publicly disclose pro-
18
prietary information relating to
19
the license.
20
‘‘(III) TRANSFER
OF
TITLE.—
21
Title to any intellectual property de-
22
scribed in subclause (I) shall not be
23
transferred or passed, except to an
24
entity that is incorporated in the
25
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•HR 5865 IH
United States, until the expiration of
1
the first patent obtained in connection
2
with the intellectual property.
3
‘‘(v) AUTHORIZATION OF APPROPRIA-
4
TIONS.—
5
‘‘(I)
IN
GENERAL.—Of
the
6
amounts authorized to be appro-
7
priated for the Environmental Protec-
8
tion Agency, $35,000,000 shall be
9
available to carry out this subpara-
10
graph, to remain available until ex-
11
pended.
12
‘‘(II) REQUIREMENT.—Research
13
carried out using amounts made avail-
14
able under subclause (I) may not du-
15
plicate research funded by the Depart-
16
ment of Energy.
17
‘‘(vi) TERMINATION OF AUTHORITY.—
18
The Board and all authority provided
19
under this subparagraph shall terminate
20
not later than 10 years after the date of
21
enactment of the CCUS Innovation Act.
22
‘‘(C) CARBON
DIOXIDE
UTILIZATION
RE-
23
SEARCH.—
24
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‘‘(i) DEFINITION OF CARBON DIOXIDE
1
UTILIZATION.—In this subparagraph, the
2
term ‘carbon dioxide utilization’ refers to
3
technologies or approaches that lead to the
4
use of carbon dioxide—
5
‘‘(I) through the fixation of car-
6
bon dioxide through photosynthesis or
7
chemosynthesis, such as through the
8
growing of algae or bacteria;
9
‘‘(II) through th
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