Browse Arkansas Code titles and sections
42 U.S.C. § 16292 — Carbon capture technology program
Federal law — U.S. Code and appendices · legal_authorities
Page 8845
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
mental Restoration or Import/Export Author-
ization.
(2) Institutions of higher education
Of the funds authorized under subsection
(c)(2), not less than 20 percent of the funds ap-
propriated for each fiscal year shall be dedi-
cated to research and development carried out
at institutions of higher education.
(Pub. L. 109–58, title IX, § 961, Aug. 8, 2005, 119
Stat. 889; Pub. L. 116–260, div. Z, title IV, § 4001,
Dec. 27, 2020, 134 Stat. 2527.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in subsecs. (a)(1) and (b), was in
the original ‘‘this subtitle’’, meaning subtitle F
(§§ 961–968) of title IX of Pub. L. 109–58, Aug. 8, 2005, 119
Stat. 889, which enacted this part and provisions set
out as notes under section 2001 of Title 30, Mineral
Lands and Mining, and amended provisions set out as a
note under section 1902 of Title 30. For complete classi-
fication of subtitle F to the Code, see Tables.
Section 16292 of this title, referred to in subsec. (c)(1),
relating to coal and related technologies program, was
repealed and a new section 16292 of this title, relating
to carbon capture technology program, was enacted by
Pub. L. 116–260, div. Z, title IV, § 4002(a), Dec. 27, 2020,
134 Stat. 2528.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, § 4001(5), designated
second sentence of par. (1), as redesignated, as par. (2),
inserted heading, and substituted ‘‘The programs de-
scribed in paragraph (1) shall’’ for ‘‘Such programs’’.
Pub. L. 116–260, § 4001(4), designated existing provi-
sions of subsec. (a) as par. (1), substituted ‘‘Establish-
ment’’ for ‘‘In general’’ in subsec. heading, and inserted
par. (1) heading.
Pub. L. 116–260, § 4001(3), added subpars. (G) to (L) and
struc
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16292
Stored review status: historical_2024_not_currentness_verified. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d9b407b28c4df6496a53d70d5c3c0214bd055330881588550ac4902946f8d056. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:usc2024-03b5848cbc79c5c310e2c474
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-16292-carbon-capture-technology-program--faa4ad14fc.md
Pages: Not recorded – Not recorded
Passage SHA-256: d3ddce92dc4e52bafe9126aa3fe35d6ef05bb6daca24b33cc5a54a7f2eeabe49
Source location: USCODE-2024-title42-chap149-subchapIX-partF-sec16292.pdf
Stored source content
Page 8845
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
mental Restoration or Import/Export Author-
ization.
(2) Institutions of higher education
Of the funds authorized under subsection
(c)(2), not less than 20 percent of the funds ap-
propriated for each fiscal year shall be dedi-
cated to research and development carried out
at institutions of higher education.
(Pub. L. 109–58, title IX, § 961, Aug. 8, 2005, 119
Stat. 889; Pub. L. 116–260, div. Z, title IV, § 4001,
Dec. 27, 2020, 134 Stat. 2527.)
Editorial Notes
REFERENCES IN TEXT
This part, referred to in subsecs. (a)(1) and (b), was in
the original ‘‘this subtitle’’, meaning subtitle F
(§§ 961–968) of title IX of Pub. L. 109–58, Aug. 8, 2005, 119
Stat. 889, which enacted this part and provisions set
out as notes under section 2001 of Title 30, Mineral
Lands and Mining, and amended provisions set out as a
note under section 1902 of Title 30. For complete classi-
fication of subtitle F to the Code, see Tables.
Section 16292 of this title, referred to in subsec. (c)(1),
relating to coal and related technologies program, was
repealed and a new section 16292 of this title, relating
to carbon capture technology program, was enacted by
Pub. L. 116–260, div. Z, title IV, § 4002(a), Dec. 27, 2020,
134 Stat. 2528.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, § 4001(5), designated
second sentence of par. (1), as redesignated, as par. (2),
inserted heading, and substituted ‘‘The programs de-
scribed in paragraph (1) shall’’ for ‘‘Such programs’’.
Pub. L. 116–260, § 4001(4), designated existing provi-
sions of subsec. (a) as par. (1), substituted ‘‘Establish-
ment’’ for ‘‘In general’’ in subsec. heading, and inserted
par. (1) heading.
Pub. L. 116–260, § 4001(3), added subpars. (G) to (L) and
struck out former subpar. (G), as redesignated, which
read as follows: ‘‘Increasing the export of fossil energy-
related equipment, technology, and services from the
United States.’’
Pub. L. 116–260, § 4001(2), in subpar. (F), as redesig-
nated, inserted ‘‘, including technology development to
reduce emissions of carbon dioxide and associated emis-
sions of heavy metals within coal combustion residues
and gas streams resulting from fossil fuel use and pro-
duction’’ before period at end.
Pub. L. 116–260, § 4001(1), redesignated pars. (1) to (7) of
subsec. (a) as subpars. (A) to (G), respectively, and re-
aligned margins.
Subsec. (a)(3). Pub. L. 116–260, § 4001(6), added par. (3).
§ 16291a. Property interests
That for all programs funded under Fossil En-
ergy appropriations in this and subsequent Acts,
the Secretary may vest fee title or other prop-
erty interests acquired under projects in any en-
tity, including the United States.
(Pub. L. 113–76, div. D, title III, Jan. 17, 2014, 128
Stat. 165.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Energy and Water
Development and Related Agencies Appropriations Act,
2014, and also as part of the Consolidated Appropria-
tions Act, 2014, and not as part of the Energy Policy
Act of 2005 which comprises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definition of ‘‘this [Act]’’, referred to in text, see
section 3 of Pub. L. 113–76, set out as a note under sec-
tion 1 of Title 1, General Provisions.
§ 16292. Carbon capture technology program
(a) Definitions
In this section:
(1) Large-scale pilot project
The term ‘‘large-scale pilot project’’ means a
pilot project that—
(A) represents the scale of technology de-
velopment beyond laboratory development
and bench scale testing, but not yet ad-
vanced to the point of being tested under
real operational conditions at commercial
scale;
(B) represents the scale of technology nec-
essary to gain the operational data needed
to understand the technical and performance
risks of the technology before the applica-
tion of that technology at commercial scale
or in commercial-scale demonstration; and
(C) is large enough—
(i) to validate scaling factors; and
(ii) to demonstrate the interaction be-
tween major components so that control
philosophies for a new process can be de-
veloped and enable the technology to ad-
vance from large-scale pilot project appli-
cation to commercial-scale demonstration
or application.
(2) Natural gas
The term ‘‘natural gas’’ means any fuel con-
sisting in whole or in part of—
(A) natural gas;
(B) liquid petroleum gas;
(C) synthetic gas derived from petroleum
or natural gas liquids;
(D) any mixture of natural gas and syn-
thetic gas; or
(E) biomethane.
(3) Natural gas electric generation facility
(A) In general
The term ‘‘natural gas electric generation
facility’’ means a facility that generates
electric energy using natural gas as the fuel.
(B) Inclusions
The term ‘‘natural gas electric generation
facility’’ includes without limitation a new
or existing—
(i) simple cycle plant;
(ii) combined cycle plant;
(iii) combined heat and power plant; or
(iv) steam methane reformer that pro-
duces hydrogen from natural gas for use in
the production of electric energy.
(4) Program
The term ‘‘program’’ means the program es-
tablished under subsection (b)(1).
(5) Transformational technology
(A) In general
The term ‘‘transformational technology’’
means a technology that represents a sig-
Page 8846
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
nificant change in the methods used to con-
vert energy that will enable a step change in
performance, efficiency, cost of electricity,
and reduction of emissions as compared to
the technology in existence on December 27,
2020.
(B) Inclusions
The term ‘‘transformational technology’’
includes a broad range of potential tech-
nology improvements, including—
(i) thermodynamic improvements in en-
ergy conversion and heat transfer, includ-
ing—
(I) advanced combustion systems, in-
cluding oxygen combustion systems and
chemical looping; and
(II) the replacement of steam cycles
with supercritical carbon dioxide cycles;
(ii) improvements in steam or carbon di-
oxide turbine technology;
(iii) improvements in carbon capture,
utilization, and storage systems tech-
nology;
(iv) improvements in small-scale and
modular coal-fired technologies with re-
duced carbon output or carbon capture
that can support incremental power gen-
eration capacity additions;
(v) fuel cell technologies for low-cost,
high-efficiency modular power systems;
(vi) advanced gasification systems;
(vii) thermal cycling technologies; and
(viii) any other technology the Secretary
recognizes
as
transformational
tech-
nology.
(b) Carbon capture technology program
(1) In general
The Secretary shall establish a carbon cap-
ture technology program for the development
of transformational technologies that will sig-
nificantly improve the efficiency, effective-
ness, costs, emissions reductions, and environ-
mental performance of coal and natural gas
use, including in manufacturing and industrial
facilities.
(2) Requirements
The program shall include—
(A) a research and development program;
(B) large-scale pilot projects;
(C) demonstration projects, in accordance
with paragraph (4);
(D) a front-end engineering and design pro-
gram for carbon capture technologies; and
(E) a front-end engineering and design pro-
gram for carbon dioxide transport infra-
structure necessary to enable deployment of
carbon capture, utilization, and storage
technologies.
(3) Program goals and objectives
In consultation with the interested entities
described in paragraph (6)(C), the Secretary
shall develop goals and objectives for the pro-
gram to be applied to the transformational
technologies developed within the program,
taking into consideration the following:
(A) Increasing the performance of coal
electric generation facilities and natural gas
electric generation facilities, including by—
(i) ensuring reliable, low-cost power from
new and existing coal electric generation
facilities and natural gas electric genera-
tion facilities;
(ii)
achieving
high
conversion
effi-
ciencies;
(iii) addressing emissions of carbon diox-
ide and other air pollutants;
(iv) developing small-scale and modular
technologies to support incremental ca-
pacity additions and load following gen-
eration, in addition to large-scale genera-
tion technologies;
(v) supporting dispatchable operations
for new and existing applications of coal
and natural gas generation; and
(vi) accelerating the development of
technologies that have transformational
energy conversion characteristics.
(B) Using carbon capture, utilization, and
sequestration technologies to decrease the
carbon dioxide emissions, and the environ-
mental impact from carbon dioxide emis-
sions, from new and existing coal electric
generation facilities and natural gas electric
generation facilities, including by—
(i) accelerating the development, deploy-
ment, and commercialization of tech-
nologies to capture and sequester carbon
dioxide emissions from new and existing
coal electric generation facilities and nat-
ural gas electric generation facilities;
(ii) supporting sites for safe geological
storage of large volumes of anthropogenic
sources of carbon dioxide and the develop-
ment of the infrastructure needed to sup-
port a carbon dioxide utilization and stor-
age industry;
(iii) improving the conversion, utiliza-
tion, and storage of carbon dioxide pro-
duced from fossil fuels and other anthropo-
genic sources of carbon dioxide;
(iv) lowering greenhouse gas emissions
for all fossil fuel production, generation,
delivery, and use, to the maximum extent
practicable;
(v) developing carbon utilization tech-
nologies, products, and methods, including
carbon use and reuse for commercial appli-
cation;
(vi) developing net-negative carbon diox-
ide emissions technologies; and
(vii) developing technologies for the cap-
ture of carbon dioxide produced during the
production of hydrogen from natural gas.
(C) Decreasing the non-carbon dioxide rel-
evant environmental impacts of coal and
natural gas production, including by—
(i) further reducing non-carbon dioxide
air emissions; and
(ii) reducing the use, and managing the
discharge, of water in power plant oper-
ations.
(D) Accelerating the development of tech-
nologies to significantly decrease emissions
from manufacturing and industrial facili-
ties, including—
(i) nontraditional fuel manufacturing fa-
cilities, including ethanol or other biofuel
production plants or hydrogen production
plants; and
Page 8847
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
(ii) energy-intensive manufacturing fa-
cilities that produce carbon dioxide as a
byproduct of operations.
(E) Entering into cooperative agreements
to carry out and expedite demonstration
projects (including pilot projects) to dem-
onstrate the technical and commercial via-
bility of technologies to reduce carbon diox-
ide emissions released from coal electric
generation facilities and natural gas electric
generation facilities for commercial deploy-
ment.
(F) Identifying any barriers to the com-
mercial deployment of any technologies
under development for the capture of carbon
dioxide produced by coal electric generation
facilities and natural gas electric generation
facilities.
(4) Demonstration projects
(A) In general
In carrying out the program, the Secretary
shall establish a demonstration program
under which the Secretary, through a com-
petitive, merit-reviewed process, shall enter
into cooperative agreements by not later
than September 30, 2025, for demonstration
projects to demonstrate the construction
and operation of 6 facilities to capture car-
bon dioxide from coal electric generation fa-
cilities, natural gas electric generation fa-
cilities, and industrial facilities.
(B) Technical assistance
The Secretary, to the maximum extent
practicable, shall provide technical assist-
ance to any eligible entity seeking to enter
into a cooperative agreement described in
subparagraph (A) for the purpose of obtain-
ing any necessary permits and licenses to
demonstrate qualifying technologies.
(C) Eligible entities
The Secretary may enter into cooperative
agreements under subparagraph (A) with in-
dustry stakeholders, including any industry
stakeholder operating in partnership with
the National Laboratories, institutions of
higher education, multiinstitutional col-
laborations, and other appropriate entities.
(D) Commercial-scale demonstration projects
(i) In general
In carrying out the program, the Sec-
retary shall establish a carbon capture
technology commercialization program to
demonstrate substantial improvements in
the efficiency, effectiveness, cost, and en-
vironmental performance of carbon cap-
ture technologies for power, industrial,
and other commercial applications.
(ii) Requirement
The program established under clause (i)
shall include funding for commercial-scale
carbon capture technology demonstrations
of projects supported by the Department,
including projects in addition to the
projects described in subparagraph (A), in-
cluding funding for not more than 2
projects to demonstrate substantial im-
provements in a particular technology
type beyond the first of a kind demonstra-
tion and to account for considerations de-
scribed in subparagraph (G).
(E) Requirement
Of the demonstration projects carried out
under subparagraph (A)—
(i) 2 shall be designed to capture carbon
dioxide from a natural gas electric genera-
tion facility;
(ii) 2 shall be designed to capture carbon
dioxide from a coal electric generation fa-
cility; and
(iii) 2 shall be designed to capture carbon
dioxide from an industrial facility not
purposed for electric generation.
(F) Goals
Each demonstration project under the
demonstration program under subparagraph
(A)—
(i) shall be designed to further the devel-
opment, deployment, and commercializa-
tion of technologies to capture and seques-
ter carbon dioxide emissions from new and
existing coal electric generation facilities,
natural gas electric generation facilities,
and industrial facilities;
(ii) shall be financed in part by the pri-
vate sector; and
(iii) if necessary, shall secure agree-
ments for the offtake of carbon dioxide
emissions captured by qualifying tech-
nologies during the project.
(G) Applications
(i) In general
To be eligible to enter into an agreement
with the Secretary for a demonstration
project under subparagraphs (A) and (D),
an entity shall submit to the Secretary an
application at such time, in such manner,
and containing such information as the
Secretary may require.
(ii) Review of applications
In
reviewing
applications
submitted
under clause (i), the Secretary, to the
maximum extent practicable, shall—
(I) ensure a broad geographic distribu-
tion of project sites;
(II) ensure that a broad selection of
electric generation facilities are rep-
resented;
(III) ensure that a broad selection of
technologies are represented; and
(IV) leverage existing public-private
partnerships and Federal resources.
(H) GAO study and report
(i) Study and report
(I) In general
Not later than 1 year after December
27, 2020, the Comptroller General of the
United States shall conduct, and submit
to the Committee on Energy and Natural
Resources of the Senate and the Com-
mittee on Science, Space, and Tech-
nology of the House of Representatives a
report on the results of, a study of the
successes, failures, practices, and im-
provements of the Department in car-
Page 8848
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
rying out demonstration projects under
this paragraph.
(II) Considerations
In conducting the study under sub-
clause (I), the Comptroller General of
the United States shall consider—
(aa) applicant and contractor quali-
fications;
(bb) project management practices at
the Department;
(cc) economic or market changes and
other factors impacting project viabil-
ity;
(dd) completion of third-party agree-
ments,
including
power
purchase
agreements and carbon dioxide offtake
agreements;
(ee) regulatory challenges; and
(ff) construction challenges.
(ii) Recommendations
The Secretary shall—
(I) consider any relevant recommenda-
tions, as determined by the Secretary,
provided in the report required under
clause (i)(I); and
(II) adopt such recommendations as
the Secretary considers appropriate.
(I) Report
(i) In general
Not later than 180 days after the date on
which the Secretary solicits applications
under subparagraph (G), and annually
thereafter, the Secretary shall submit to
the appropriate committees of jurisdiction
of the Senate and the House of Representa-
tives a report that includes a detailed de-
scription of how the applications under the
demonstration program established under
subparagraph (A) were or will be solicited
and how the applications were or will be
evaluated, including—
(I) a list of any activities carried out
by the Secretary to solicit or evaluate
the applications; and
(II) a process for ensuring that any
projects carried out under a cooperative
agreement entered into under subpara-
graph (A) are designed to result in the
development or demonstration of quali-
fying technologies.
(ii) Inclusions
The Secretary shall include—
(I) in the first report required under
clause (i), a detailed list of technical
milestones for the development and dem-
onstration of each qualifying technology
pursued under the demonstration pro-
gram established under subparagraph
(A);
(II) in each subsequent report required
under clause (i), a description of the
progress made towards achieving the
technical milestones described in sub-
clause (I) during the applicable period
covered by the report; and
(III) in each report required under
clause (i)—
(aa) an estimate of the cost of licens-
ing, permitting, constructing, and op-
erating each carbon capture facility
expected to be constructed under the
demonstration
program
established
under subparagraph (A);
(bb) a schedule for the planned con-
struction and operation of each dem-
onstration or pilot project under the
demonstration program; and
(cc) an estimate of any financial as-
sistance, compensation, or incentives
proposed to be paid by the host State,
Indian Tribe, or local government with
respect to each facility described in
item (aa).
(5) Intraagency coordination for carbon cap-
ture, utilization, and sequestration activi-
ties
The carbon capture, utilization, and seques-
tration activities described in paragraph (3)(B)
shall be carried out by the Assistant Secretary
for Fossil Energy, in coordination with the
heads of other relevant offices of the Depart-
ment and the National Laboratories.
(6) Consultations required
In carrying out the program, the Secretary
shall—
(A)
undertake
international
collabora-
tions, taking into consideration the rec-
ommendations of the National Coal Council
and the National Petroleum Council;
(B) use existing authorities to encourage
international cooperation; and
(C) consult with interested entities, in-
cluding—
(i) coal and natural gas producers;
(ii) industries that use coal and natural
gas;
(iii) organizations that promote coal, ad-
vanced coal, and natural gas technologies;
(iv) environmental organizations;
(v) organizations representing workers;
and
(vi)
organizations
representing
con-
sumers.
(c) Report
(1) In general
Not later than 18 months after December 27,
2020, the Secretary shall submit to Congress a
report describing the program goals and objec-
tives adopted under subsection (b)(3).
(2) Update
Not less frequently than once every 2 years
after the initial report is submitted under
paragraph (1), the Secretary shall submit to
Congress a report describing the progress
made towards achieving the program goals
and objectives adopted under subsection (b)(3).
(d) Funding
(1) Authorization of appropriations
There are authorized to be appropriated to
the Secretary to carry out this section, to re-
main available until expended—
(A) for activities under the research and
development program component described
in subsection (b)(2)(A)—
(i) $230,000,000 for each of fiscal years 2021
and 2022; and
Page 8849
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16292
(ii) $150,000,000 for each of fiscal years
2023 through 2025;
(B) subject to paragraph (2), for activities
under the large-scale pilot projects program
component
described
in
subsection
(b)(2)(B)—
(i) $225,000,000 for each of fiscal years 2021
and 2022;
(ii) $200,000,000 for each of fiscal years
2023 and 2024; and
(iii) $150,000,000 for fiscal year 2025;
(C) for activities under the demonstration
projects program component described in
subsection (b)(2)(C)—
(i) $500,000,000 for each of fiscal years 2021
though 2024; and
(ii) $600,000,000 for fiscal year 2025;
(D) for activities under the front-end engi-
neering and design program described in sub-
section (b)(2)(D), $50,000,000 for each of fiscal
years 2021 through 2024; and
(E) for activities under the front-end engi-
neering and design program described in sub-
section (b)(2)(E), $100,000,000 for the period of
fiscal years 2022 through 2026.
(2) Cost sharing for large-scale pilot projects
Activities under subsection (b)(2)(B) shall be
subject to the cost-sharing requirements of
section 16352(b) of this title.
(e) Carbon capture test centers
(1) In general
Not later than 2 years after December 27,
2020, the Secretary shall award grants to 1 or
more entities for the operation of 1 or more
test centers (referred to in this subsection as
a ‘‘Center’’) to provide distinct testing capa-
bilities for innovative carbon capture tech-
nologies.
(2) Purpose
Each Center shall—
(A) advance research, development, dem-
onstration, and commercial application of
carbon capture technologies;
(B) support large-scale pilot projects and
demonstration projects and test carbon cap-
ture technologies; and
(C) develop front-end engineering design
and economic analysis.
(3) Selection
(A) In general
The Secretary shall select entities to re-
ceive grants under this subsection according
to such criteria as the Secretary may de-
velop.
(B) Competitive basis
The Secretary shall select entities to re-
ceive grants under this subsection on a com-
petitive basis.
(C) Priority criteria
In selecting entities to receive grants
under this subsection, the Secretary shall
prioritize consideration of applicants that—
(i) have access to existing or planned re-
search facilities for carbon capture tech-
nologies;
(ii) are institutions of higher education
with established expertise in engineering
for carbon capture technologies, or part-
nerships with such institutions of higher
education; or
(iii) have access to existing research and
test facilities for bulk materials design
and testing, component design and testing,
or professional engineering design.
(D) Existing centers
In selecting entities to receive grants
under this subsection, the Secretary shall
prioritize carbon capture test centers in ex-
istence on December 27, 2020.
(4) Formula for awarding grants
The Secretary may develop a formula for
awarding grants under this subsection.
(5) Schedule
(A) In general
Each grant awarded under this subsection
shall be for a term of not more than 5 years,
subject to the availability of appropriations.
(B) Renewal
The Secretary may renew a grant for 1 or
more additional 5-year terms, subject to a
competitive merit review and the avail-
ability of appropriations.
(6) Termination
To the extent otherwise authorized by law,
the Secretary may eliminate, and terminate
grant funding under this subsection for, a Cen-
ter during any 5-year term described in para-
graph (5) if the Secretary determines that the
Center is underperforming.
(7) Authorization of appropriations
There is authorized to be appropriated to
carry out this subsection $25,000,000 for each of
fiscal years 2021 through 2025.
(Pub. L. 109–58, title IX, § 962, as added Pub. L.
116–260, div. Z, title IV, § 4002(a), Dec. 27, 2020, 134
Stat. 2528; amended Pub. L. 117–58, div. D, title
III, § 40303, Nov. 15, 2021, 135 Stat. 988.)
Editorial Notes
PRIOR PROVISIONS
A prior section 16292, Pub. L. 109–58, title IX, § 962,
Aug. 8, 2005, 119 Stat. 890, related to coal and related
technologies program, prior to repeal by Pub. L.
116–260, div. Z, title IV, § 4002(a), Dec. 27, 2020, 134 Stat.
2528.
AMENDMENTS
2021—Subsec. (b)(2)(D). Pub. L. 117–58, § 40303(1)(B),
substituted ‘‘program for carbon capture technologies;
and’’ for ‘‘program.’’
Subsec. (b)(2)(E). Pub. L. 117–58, § 40303(1)(A), (C),
added subpar. (E).
Subsec. (d)(1)(E). Pub. L. 117–58, § 40303(2), added sub-
par. (E).
Statutory Notes and Related Subsidiaries
WAGE RATE REQUIREMENTS
For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
alteration, or repair work funded under div. D or an
amendment by div. D of Pub. L. 117–58, including au-
Page 8850
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16293
thority of Secretary of Labor, see section 18851 of this
title.
FINDINGS
Pub. L. 117–58, div. D, title III, § 40301, Nov. 15, 2021,
135 Stat. 986, provided that: ‘‘Congress finds that—
‘‘(1) the industrial sector is integral to the economy
of the United States—
‘‘(A) providing millions of jobs and essential prod-
ucts; and
‘‘(B) demonstrating global leadership in manufac-
turing and innovation;
‘‘(2) carbon capture and storage technologies are
necessary for reducing hard-to-abate emissions from
the industrial sector, which emits nearly 25 percent
of carbon dioxide emissions in the United States;
‘‘(3) carbon removal and storage technologies, in-
cluding direct air capture, must be deployed at large-
scale in the coming decades to remove carbon dioxide
directly from the atmosphere;
‘‘(4) large-scale deployment of carbon capture, re-
moval, utilization, transport, and storage—
‘‘(A) is critical for achieving mid-century climate
goals; and
‘‘(B) will drive regional economic development,
technological innovation, and high-wage employ-
ment;
‘‘(5) carbon capture, removal, and utilization tech-
nologies require a backbone system of shared carbon
dioxide transport and storage infrastructure to en-
able large-scale deployment, realize economies of
scale, and create an interconnected carbon manage-
ment market;
‘‘(6) carbon dioxide transport infrastructure and
permanent geological storage are proven and safe
technologies with existing Federal and State regu-
latory frameworks;
‘‘(7) carbon dioxide transport and storage infra-
structure share similar barriers to deployment pre-
viously faced by other types of critical national in-
frastructure, such as high capital costs and chicken-
and-egg challenges, that require Federal and State
support, in combination with private investment, to
be overcome; and
‘‘(8) each State should take into consideration, with
respect to new carbon dioxide transportation infra-
structure—
‘‘(A) qualifying the infrastructure as pollution
control devices under applicable laws (including
regulations) of the State; and
‘‘(B) establishing a waiver of ad valorem and
property taxes for the infrastructure for a period of
not less than 10 years.’’
§ 16293. Carbon storage validation and testing
(a) Definitions
In this section:
(1) Large-scale carbon sequestration
The term ‘‘large-scale carbon sequestration’’
means a scale that—
(A) demonstrates the ability to inject into
geologic formations and sequester carbon di-
oxide; and
(B) has a goal of sequestering not less than
50 million metric tons of carbon dioxide.
(2) Program
The term ‘‘program’’ means the program es-
tablished under subsection (b)(1).
(b) Carbon storage program
(1) In general
The Secretary shall establish a program of
research, development, demonstration, and
commercialization for carbon storage.
(2) Program activities
Activities under the program shall include—
(A) in coordination with relevant Federal
agencies, developing and maintaining map-
ping tools and resources that assess the ca-
pacity of geologic storage formation in the
United States;
(B) developing monitoring tools, modeling
of geologic formations, and analyses—
(i) to predict carbon dioxide contain-
ment; and
(ii) to account for sequestered carbon di-
oxide in geologic storage sites;
(C) researching—
(i) potential environmental, safety, and
health impacts in the event of a leak into
the atmosphere or to an aquifer; and
(ii) any corresponding mitigation actions
or
responses
to
limit
harmful
con-
sequences of such a leak;
(D) evaluating the interactions of carbon
dioxide with formation solids and fluids, in-
cluding the propensity of injections to in-
duce seismic activity;
(E) assessing and ensuring the safety of op-
erations relating to geologic sequestration
of carbon dioxide;
(F) determining the fate of carbon dioxide
concurrent with and following injection into
geologic formations;
(G) supporting cost and business model as-
sessments to examine the economic viability
of technologies and systems developed under
the program;
(H) providing information to the Environ-
mental Protection Agency, States, local
governments, Tribal governments, and other
appropriate entities, to ensure the protec-
tion of human health and the environment;
and
(I) evaluating the quantity, location, and
timing of geologic carbon storage deploy-
ment that may be needed, and developing
strategies and resources to enable the de-
ployment.
(3) Geologic settings
In carrying out research activities under
this subsection, the Secretary shall consider a
variety of candidate onshore and offshore geo-
logic settings, including—
(A) operating oil and gas fields;
(B) depleted oil and gas fields;
(C) residual oil zones;
(D) unconventional reservoirs and rock
types;
(E) unmineable coal seams;
(F) saline formations in both sedimentary
and basaltic geologies;
(G) geologic systems that may be used as
engineered reservoirs to extract economical
quantities of brine from geothermal re-
sources of low permeability or porosity; and
(H) geologic systems containing in situ
carbon dioxide mineralization formations.
(c) Large-scale carbon sequestration demonstra-
tion program
(1) In general
The Secretary shall establish a demonstra-
tion program under which the Secretary shall
provide funding for demonstration projects to
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “Nuclear Fuel Security Act of 2023”.
**(b) Sense of Congress** It is the sense of Congress that—
(1) the Department should—
(A) support increased domestic production of low-enriched uranium; and
(B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and
(2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary—
(A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and
(B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time.
**(c) Objectives** The objectives of this section are—
(1) to support domestic production of low-enriched uranium;
(2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of—
(A) advanced nuclear reactor developers; and
(B) the consortium;
(3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determine
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16292
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.