[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1685 Reported in Senate (RS)]
<DOC>
Calendar No. 221
116th CONGRESS
1st Session
S. 1685
[Report No. 116-118]
To require the Secretary of Energy to establish a program for the
research, development, and demonstration of commercially viable
technologies for the capture of carbon dioxide produced during the
generation of natural gas-generated power.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23 (legislative day, May 22), 2019
Mr. Cornyn (for himself, Mr. Cassidy, Mr. Coons, Ms. Sinema, and Mr.
Gardner) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
September 25, 2019
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a program for the
research, development, and demonstration of commercially viable
technologies for the capture of carbon dioxide produced during the
generation of natural gas-generated power.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Launching Energy
Advancement and Development through Innovations for Natural Gas Act of
2019''.</DELETED>
<DELETED>SEC. 2. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.</DELETED>
<DELETED> (a) In General.--Subtitle F of title IX of the Energy
Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at
the end the following:</DELETED>
<DELETED>``SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAM.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Eligible entity.--The term `eligible entity'
means an entity that documents to the satisfaction of the
Secretary that--</DELETED>
<DELETED> ``(A) the entity is financially
responsible; and</DELETED>
<DELETED> ``(B) the entity will provide sufficient
information to the Secretary to enable the Secretary to
ensure that any funds awarded to the entity are spent
efficiently and effectively.</DELETED>
<DELETED> ``(2) Natural gas.--The term `natural gas' means
any fuel consisting in whole or in part of--</DELETED>
<DELETED> ``(A) natural gas;</DELETED>
<DELETED> ``(B) liquid petroleum gas;</DELETED>
<DELETED> ``(C) synthetic gas derived from petroleum
or natural gas liquids;</DELETED>
<DELETED> ``(D) any mixture of natural gas and
synthetic gas; or</DELETED>
<DELETED> ``(E) any product derived directly from
natural gas, including hydrogen.</DELETED>
<DELETED> ``(3) Natural gas-generated power.--The term
`natural gas-generated power' means electric energy generated
through the use of natural gas.</DELETED>
<DELETED> ``(4) Program.--The term `program' means the
program established under subsection (b)(1).</DELETED>
<DELETED> ``(5) Qualifying electric generation facility.--
</DELETED>
<DELETED> ``(A) In general.--The term `qualifying
electric generation facility' means a facility that
generates electric energy using natural gas as the
fuel.</DELETED>
<DELETED> ``(B) Inclusions.--The term `qualifying
electric generation facility' includes--</DELETED>
<DELETED> ``(i) a traditional natural gas
plant;</DELETED>
<DELETED> ``(ii) a simple cycle
plant;</DELETED>
<DELETED> ``(iii) a combined cycle
plant;</DELETED>
<DELETED> ``(iv) a combined heat and power
plant; or</DELETED>
<DELETED> ``(v) any other facility that uses
natural gas as the fuel for generating electric
energy.</DELETED>
<DELETED> ``(6) Qualifying technology.--The term `qualifying
technology' means any commercially viable technology, as
determined by the Secretary, for the capture of carbon dioxide
produced during the generation of natural gas-generated
power.</DELETED>
<DELETED> ``(b) Establishment of Research, Development, and
Demonstration Program.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall establish a
program of research, development, and demonstration of
qualifying technologies for use by qualifying electric
generation facilities.</DELETED>
<DELETED> ``(2) Objectives.--The objectives of the program
shall be--</DELETED>
<DELETED> ``(A) to identify opportunities to
accelerate the development and commercial applications
of qualifying technologies to reduce the quantity of
carbon dioxide emissions released from qualifying
electric generation facilities;</DELETED>
<DELETED> ``(B) to enter into cooperative agreements
with eligible entities to expedite and carry out
demonstration projects (including pilot projects) for
qualifying technologies for use by qualifying electric
generation facilities to demonstrate the technical
feasibility and economic potential of those qualifying
technologies for commercial deployment; and</DELETED>
<DELETED> ``(C) to identify any barriers to the
commercial deployment of any qualifying technologies
under development.</DELETED>
<DELETED> ``(3) Participation of national laboratories,
universities, and research facilities.--The program may include
the participation of--</DELETED>
<DELETED> ``(A) National Laboratories;</DELETED>
<DELETED> ``(B) institutions of higher
education;</DELETED>
<DELETED> ``(C) research facilities; or</DELETED>
<DELETED> ``(D) other appropriate
entities.</DELETED>
<DELETED> ``(4) Cooperative agreements.--</DELETED>
<DELETED> ``(A) In general.--In carrying out the
program, the Secretary may enter into cooperative
agreements with eligible entities to carry out
research, development, and demonstration projects for
qualifying technologies.</DELETED>
<DELETED> ``(B) Applications; proposals.--An
eligible entity desiring to enter into a cooperative
agreement under this paragraph shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.</DELETED>
<DELETED> ``(c) Carbon Capture Facilities Demonstration Program.--
</DELETED>
<DELETED> ``(1) Establishment.--As part of the program, the
Secretary shall establish a demonstration program under which
the Secretary shall enter into cooperative agreements with
eligible entities for demonstration or pilot projects to
license, permit, construct, and operate, by not later than
September 30, 2025, three or more facilities to capture carbon
dioxide from qualifying electric generation
facilities.</DELETED>
<DELETED> ``(2) Goals.--Each demonstration or pilot project
under the demonstration program shall--</DELETED>
<DELETED> ``(A) be designed to further the
development of qualifying technologies that may be used
by a qualifying electric generation facility;</DELETED>
<DELETED> ``(B) be financed in part by the private
sector;</DELETED>
<DELETED> ``(C) if necessary, secure agreements for
the offtake of the majority of the carbon dioxide
emissions captured by qualifying technologies during
the project; and</DELETED>
<DELETED> ``(D) support energy production in the
United States.</DELETED>
<DELETED> ``(3) Request for applications.--Not later than
120 days after the date of enactment of this Act, the Secretary
shall solicit applications for cooperative agreements for
projects--</DELETED>
<DELETED> ``(A) to demonstrate qualifying
technologies at three or more qualifying electric
generation facilities;</DELETED>
<DELETED> ``(B) to obtain any license or permit from
a State or Federal agency that is necessary for the
construction of three or more facilities to capture
carbon dioxide from a qualifying electric generation
facility; and</DELETED>
<DELETED> ``(C) to construct and operate three or
more facilities to capture carbon dioxide from a
qualifying electric generation facility.</DELETED>
<DELETED> ``(4) Review of applications.--In reviewing
applications submitted under paragraph (3), the Secretary, to
the maximum extent practicable, shall--</DELETED>
<DELETED> ``(A) ensure a broad geographic
distribution of project sites;</DELETED>
<DELETED> ``(B) ensure that a broad selection of
qualifying electric generation facilities are
represented;</DELETED>
<DELETED> ``(C) ensure that a broad selection of
qualifying technologies are represented;</DELETED>
<DELETED> ``(D) require information and knowledge
gained by each participant in the demonstration program
to be transferred and shared among--</DELETED>
<DELETED> ``(i) all participants in the
demonstration program; and</DELETED>
<DELETED> ``(ii) other interested parties;
and</DELETED>
<DELETED> ``(E) leverage existing--</DELETED>
<DELETED> ``(i) public-private partnerships;
and</DELETED>
<DELETED> ``(ii) Federal
resources.</DELETED>
<DELETED> ``(d) Cost Sharing.--In carrying out this section, the
Secretary shall require cost sharing in accordance with section
988.</DELETED>
<DELETED> ``(e) Fee Title.--The Secretary may vest fee title or
other property interests acquired under cooperative agreements entered
into under subsection (b)(4) in any entity, including the United
States.</DELETED>
<DELETED> ``(f) Report.--Not later than 180 days after the date on
which the Secretary solicits applications under subsection (c)(3), and
annually thereafter, the Secretary shall submit to the appropriate
committees of jurisdiction of the Senate and the House of
Representatives a report that--</DELETED>
<DELETED> ``(1) with respect to subsections (b) and (c),
includes recommendations for any legislative changes needed to
improve the implementation of those subsections;</DELETED>
<DELETED> ``(2) with respect to subsection (b), includes--
</DELETED>
<DELETED> ``(A) a detailed description of how
applications for cooperative agreements under paragraph
(4) of that subsection will be solicited and evaluated,
including--</DELETED>
<DELETED> ``(i) a list of any activities
carried out by the Secretary to solicit or
evaluate applications; and</DELETED>
<DELETED> ``(ii) a process for ensuring that
any projects carried out under a cooperative
agreement are designed to result in the
development or demonstration of qualifying
technologies;</DELETED>
<DELETED> ``(B) a detailed list of technical
milestones for each qualifying technology pursued under
that subsection;</DELETED>
<DELETED> ``(C) a detailed description of how each
project carried out pursuant to a cooperative agreement
under paragraph (4) of that subsection will meet the
milestones for carbon capture described in the
September 2017 report of the Office of Fossil Energy
entitled `Accelerating Breakthrough Innovation in
Carbon Capture, Utilization, and Storage';
and</DELETED>
<DELETED> ``(D) an affirmation from the Secretary
that all recipients of funding under that subsection
are eligible entities; and</DELETED>
<DELETED> ``(3) with respect to the demonstration program
established under subsection (c), includes--</DELETED>
<DELETED> ``(A) an estimate of the cost of
licensing, permitting, constructing, and operating each
carbon capture facility expected to be constructed
under that demonstration program;</DELETED>
<DELETED> ``(B) a schedule for--</DELETED>
<DELETED> ``(i) obtaining any license or
permit necessary to construct and operate each
carbon capture facility expected to be
constructed; and</DELETED>
<DELETED> ``(ii) constructing each facility;
and</DELETED>
<DELETED> ``(C) an estimate of any financial
assistance, compensation, or incentives proposed to be
paid by the host State, Indian Tribe, or local
government with respect to each facility.</DELETED>
<DELETED> ``(g) Funding.--For each of fiscal years 2020 through
2025, out of any amounts appropriated to the Department to carry out
fossil energy research and development activities and not otherwise
obligated, the Secretary may use to carry out this section not more
than $50,000,000.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of contents for the
Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended
by inserting after the item relating to section 968 the
following:</DELETED>
<DELETED>``Sec. 969. Natural gas carbon capture research, development,
and demonstration program.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Launching Energy Advancement and
Development through Innovations for Natural Gas Act of 2019''.
SEC. 2. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is amended by adding at the end the
following:
``SEC. 969. NATURAL GAS CARBON CAPTURE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Commercially viable technology.--The term
`commercially viable technology' means technology that has the
potential to be successfully deployed and compete effectively
in the marketplace at an appropriate size or scale.
``(2) Eligible entity.--The term `eligible entity' means an
entity that documents to the satisfaction of the Secretary
that--
``(A) the entity is financially responsible; and
``(B) the entity will provide sufficient
information to the Secretary to enable the Secretary to
ensure that any funds awarded to the entity are spent
efficiently and effectively.
``(3) Natural gas.--The term `natural gas' means any fuel
consisting 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 synthetic gas;
or
``(E) biomethane.
``(4) Natural gas-generated power.--The term `natural gas-
generated power' means--
``(A) electric energy generated through the use of
natural gas; and
``(B) the generation of hydrogen from natural gas.
``(5) Program.--The term `program' means the program
established under subsection (b)(1).
``(6) Qualifying electric generation facility.--
``(A) In general.--The term `qualifying electric
generation facility' means a facility that generates
electric energy using natural gas as the fuel.
``(B) Inclusions.--The term `qualifying electric
generation facility' includes a new or existing--
``(i) simple cycle plant;
``(ii) combined cycle plant;
``(iii) combined heat and power plant;
``(iv) steam methane reformer that produces
hydrogen from natural gas for use in the
production of electric energy; or
``(v) facility that uses natural gas as the
fuel for generating electric energy.
``(7) Qualifying technology.--The term `qualifying
technology' means any commercially viable technology, as
determined by the Secretary, for the capture of carbon dioxide
produced during the generation of natural gas-generated power.
``(b) Establishment of Research, Development, and Demonstration
Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, and demonstration of qualifying
technologies for use by qualifying electric generation
facilities.
``(2) Objectives.--The objectives of the program shall be--
``(A) to identify opportunities to accelerate the
development and commercial applications of qualifying
technologies to reduce the quantity of carbon dioxide
emissions released from qualifying electric generation
facilities;
``(B) to enter into cooperative agreements with
eligible entities to expedite and carry out
demonstration projects (including pilot projects) for
qualifying technologies for use by qualifying electric
generation facilities to demonstrate the technical and
commercial viability of those qualifying technologies
for commercial deployment; and
``(C) to identify any barriers to the commercial
deployment of any qualifying technologies under
development.
``(3) Participation of national laboratories, universities,
and research facilities.--The program may include the
participation of--
``(A) National Laboratories;
``(B) institutions of higher education;
``(C) research facilities; or
``(D) other appropriate entities.
``(4) Cooperative agreements.--
``(A) In general.--In carrying out the program, the
Secretary may enter into cooperative agreements with
eligible entities to carry out research, development,
and demonstration projects for qualifying technologies.
``(B) Applications; proposals.--An eligible entity
desiring to enter into a cooperative agreement under
this paragraph shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(c) Carbon Capture Facilities Demonstration Program.--
``(1) Establishment.--As part of the program, the Secretary
shall establish a demonstration program under which the
Secretary shall enter into cooperative agreements with eligible
entities for demonstration or pilot projects to license,
permit, construct, and operate, by not later than September 30,
2025, 3 or more facilities to capture carbon dioxide from
qualifying electric generation facilities.
``(2) Goals.--Each demonstration or pilot project under the
demonstration program shall--
``(A) be designed to further the development of
qualifying technologies that may be used by a
qualifying electric generation facility;
``(B) be financed in part by the private sector;
``(C) if necessary, secure agreements for the
offtake of the majority of the carbon dioxide emissions
captured by qualifying technologies during the project;
and
``(D) support energy production in the United
States.
``(3) Request for applications.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
solicit applications for cooperative agreements for projects--
``(A) to demonstrate qualifying technologies at 3
or more qualifying electric generation facilities;
``(B) to obtain any license or permit from a State
or Federal agency that is necessary for the
construction of 3 or more facilities to capture carbon
dioxide from a qualifying electric generation facility;
and
``(C) to construct and operate 3 or more facilities
to capture carbon dioxide from a qualifying electric
generation facility.
``(4) Review of applications.--In reviewing applications
submitted under paragraph (3), the Secretary, to the maximum
extent practicable, shall--
``(A) ensure a broad geographic distribution of
project sites;
``(B) ensure that a broad selection of qualifying
electric generation facilities are represented;
``(C) ensure that a broad selection of qualifying
technologies are represented; and
``(D) leverage existing--
``(i) public-private partnerships; and
``(ii) Federal resources.
``(d) Cost Sharing.--In carrying out this section, the Secretary
shall require cost sharing in accordance with section 988.
``(e) Fee Title.--The Secretary may vest fee title or other
property interests acquired under cooperative agreements entered into
under subsection (b)(4) in any entity, including the United States.
``(f) Report.--Not later than 180 days after the date on which the
Secretary solicits applications under subsection (c)(3), and annually
thereafter, the Secretary shall submit to the appropriate committees of
jurisdiction of the Senate and the House of Representatives a report
that--
``(1) with respect to subsections (b) and (c), includes
recommendations for any legislative changes needed to improve
the implementation of those subsections;
``(2) with respect to subsection (b), includes--
``(A) a detailed description of how applications
for cooperative agreements under paragraph (4) of that
subsection will be solicited and evaluated, including--
``(i) a list of any activities carried out
by the Secretary to solicit or evaluate
applications; and
``(ii) a process for ensuring that any
projects carried out under a cooperative
agreement are designed to result in the
development or demonstration of qualifying
technologies;
``(B) a detailed list of technical milestones for
each qualifying technology pursued under that
subsection;
``(C) a detailed description of how each project
carried out pursuant to a cooperative agreement under
paragraph (4) of that subsection will meet the
milestones for carbon capture described in the
September 2017 report of the Office of Fossil Energy
entitled `Accelerating Breakthrough Innovation in
Carbon Capture, Utilization, and Storage'; and
``(D) an affirmation from the Secretary that all
recipients of funding under that subsection are
eligible entities; and
``(3) with respect to the demonstration program established
under subsection (c), includes--
``(A) an estimate of the cost of licensing,
permitting, constructing, and operating each carbon
capture facility expected to be constructed under that
demonstration program;
``(B) a schedule for--
``(i) obtaining any license or permit
necessary to construct and operate each carbon
capture facility expected to be constructed;
and
``(ii) constructing each facility; and
``(C) an estimate of any financial assistance,
compensation, or incentives proposed to be paid by the
host State, Indian Tribe, or local government with
respect to each facility.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2020 through 2025.''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
inserting after the item relating to section 968 the following:
``Sec. 969. Natural gas carbon capture research, development, and
demonstration program.''.
Calendar No. 221
116th CONGRESS
1st Session
S. 1685
[Report No. 116-118]
_______________________________________________________________________
A BILL
To require the Secretary of Energy to establish a program for the
research, development, and demonstration of commercially viable
technologies for the capture of carbon dioxide produced during the
generation of natural gas-generated power.
_______________________________________________________________________
September 25, 2019
Reported with an amendment
Launching Energy Advancement and Development through Innovations for Natural Gas Act of 2019
#1685 | S Congress #116
Policy Area: Energy
Subjects: Air qualityClimate change and greenhouse gasesCongressional oversightElectric power generation and transmissionEnergy researchEnvironmental assessment, monitoring, researchEnvironmental technologyOil and gasResearch administration and fundingResearch and developmentTechnology transfer and commercialization
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 221. (9/25/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text