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42 U.S.C. § 16292 — Carbon capture technology program

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42 U.S.C. § 16292 — Carbon capture technology program

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 (c)(1), relating to coal and related technologies program, was repealed and a new section 16292 of this title, relating to carbon capture technology program, was enacted by Pub.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

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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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16292 — U.S. nuclear fuel security initiative

**(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.