Federal Carbon Dioxide Removal Leadership Act of 2022
This bill requires the Department of Energy to remove and permanently store, as is economically feasible, specified amounts of carbon dioxide on a specified schedule, culminating in 10 million net metric tons of carbon dioxide removal for FY2035 and each fiscal year thereafter.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7434 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7434
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Mr. Tonko (for himself and Mr. Peters) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Carbon Dioxide Removal
Leadership Act of 2022''.
SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE.
(a) Required Amounts.--The Secretary shall, to the extent
economically feasible as provided in subsection (d), remove--
(1) 50,000 net metric tons of carbon dioxide, calculated on
a lifecycle basis, for each of fiscal years 2024 through 2025;
(2) 500,000 net metric tons of carbon dioxide, calculated
on a lifecycle basis, for each of fiscal years 2026 through
2028;
(3) 5,000,000 net metric tons of carbon dioxide, calculated
on a lifecycle basis, for each of fiscal years 2029 through
2034; and
(4) 10,000,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for fiscal year 2035 and each
fiscal year thereafter.
(b) Timing.--The Secretary shall remove each amount of carbon
dioxide required under subsection (a) by not later than 3 years after
the beginning of the fiscal year for which such removal is required.
(c) Small Removal Project Set-Aside.--To the extent practicable, at
least 20 percent of the net metric tons of carbon dioxide required to
be removed for each of fiscal years 2024 through 2034 under subsection
(a) shall be removed by small removal projects.
(d) Economic Feasibility.--
(1) In general.--The removal of carbon dioxide under this
section shall be considered economically feasible if such
removal can be accomplished or, in the case of a contract,
purchased--
(A) with respect to such removal carried out for
any of fiscal years 2024 through 2025, at a price per
metric ton of carbon dioxide of not more than $550;
(B) with respect to such removal carried out for
any of fiscal years 2026 through 2028, at a price per
metric ton of carbon dioxide of not more than $400;
(C) with respect to such removal carried out for
any of fiscal years 2029 through 2031, at a price per
metric ton of carbon dioxide of not more than $300;
(D) with respect to such removal carried out for
any of fiscal years 2032 through 2034, at a price per
metric ton of carbon dioxide of not more than $200; and
(E) with respect to such removal carried out for
fiscal year 2035 and each fiscal year thereafter, at a
price per metric ton of carbon dioxide of not more than
$150.
(2) Inclusion of monitoring, reporting, and verification
costs.--In determining whether the removal of carbon dioxide is
considered economically feasible under paragraph (1), the price
for such removal shall include any costs associated with the
monitoring, reporting, and verification required under
subsection (f)(1).
(3) Multi-year contracts.--Notwithstanding paragraph (1),
the removal of carbon dioxide carried out pursuant to a multi-
year contract entered into under subsection (h) shall be
considered economically feasible if such removal can be
accomplished at the applicable dollar amount for the first
fiscal year of the contract, as provided in paragraph (1),
through the entire length of such contract.
(e) Federal Assistance.--Funds received pursuant to a contract
entered into under subsection (h) shall not be considered Federal
assistance or otherwise affect eligibility for any Federal assistance,
including tax incentives.
(f) Monitoring, Reporting, and Verification.--
(1) In general.--The Secretary, or an entity the Secretary
enters into a contract with under subsection (h), shall
monitor, report, and verify the net metric tons of carbon
dioxide the Secretary or such entity, as applicable, removed
for purposes of this section.
(2) Best practices.--The Secretary shall ensure that any
project for the removal of carbon dioxide for which a contract
is entered into under subsection (h) shall follow the best
available practices, as determined by the Secretary, for
monitoring, reporting, and verifying the net metric tons of
carbon dioxide removed under the project, including best
practices--
(A) used by similar carbon dioxide removal
projects; and
(B) necessary to ensure safe, effective, and
efficient removal of carbon dioxide.
(3) Prohibition on double counting.--Carbon dioxide that is
removed for the purposes of compliance with any other
greenhouse gas emissions management program, including any
foreign, Federal, State, local, or private greenhouse gas
emissions management program, as determined by the Secretary,
may not be considered removed under subsection (a) for purposes
of meeting the requirements of such subsection.
(g) Priorities.--In carrying out this section, the Secretary shall
give priority to any project for the removal of carbon dioxide that--
(1) minimizes the amount of greenhouse gas emissions
released by carrying out such project;
(2) supports the commercialization of innovative removal
technologies;
(3) increases the diversity of commercially available
eligible technologies;
(4) provides the greatest potential for domestic job
creation;
(5) results in economic development or economic
diversification in regions or localities that have historically
generated significant economic activity from the production,
processing, transportation, or combustion of fossil fuels,
including through the use of coal mines, fossil fuel-fired
electricity generating units, and petroleum refining
facilities;
(6) quantifies and mitigates the effect of removing carbon
dioxide on environmental justice, the environment, and public
health; and
(7) includes robust public engagement and community
benefits.
(h) Contracts.--
(1) In general.--The Secretary may enter into contracts to
meet the requirements of subsection (a).
(2) Length.--A contract entered into under this subsection
may not be for a term of more than 15 years.
(i) Report.--Not later than January 1, 2027, and every 2 years
thereafter, the Secretary shall submit to Congress, and release to the
public, a report on the progress of carrying out the requirements of
this section, which such report shall include--
(1) the amounts verified under subsection (f)(1);
(2) the total price, and price per metric ton, to remove
carbon dioxide for the applicable fiscal year as required under
subsection (a);
(3) the methods associated with the monitoring, reporting,
and verification required under subsection (f)(1);
(4) an estimate of how removing carbon dioxide under this
section affects environmental justice, the environment, and
public health; and
(5) information on potential labor impacts and job creation
resulting from fulfilling the requirements of subsection (a).
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(k) Definitions.--In this section:
(1) Eligible technology.--
(A) In general.--The term ``eligible technology''
means any equipment, technique, or technology, placed
into service after January 1, 2022, that removes carbon
dioxide directly from ambient air or seawater, as
determined appropriate by the Secretary.
(B) Exclusion.--The term ``eligible technology''
does not include any equipment, technique, or
technology that--
(i) removes carbon dioxide which is
deliberately released from naturally occurring
subsurface springs;
(ii) removes carbon dioxide using natural
photosynthesis; or
(iii) is related to the extraction,
refinement, delivery, or use of fossil fuels,
including enhanced oil recovery.
(C) Expansion of eligible technology.--
Notwithstanding subparagraph (B)(ii), any equipment,
technique, or technology that removes carbon dioxide
using gasification or pyrolysis of solid, nonhazardous,
and cellulosic waste materials may be considered an
eligible technology under this section if the
Secretary, by rule--
(i) determines an entity that carries out a
removal project under this section is able to
adequately monitor, report, and verify the
amount of greenhouse gas emissions, calculated
on a lifecycle basis (including direct
emissions and significant indirect emissions),
associated with such equipment, technique, or
technology;
(ii) determines an entity that carries out
a removal project under this section is able to
adequately mitigate the environmental impacts
(including impacts on biodiversity, land use,
and air and water quality) associated with such
equipment, technique, or technology; and
(iii) requires an entity carrying out a
removal project under this section to--
(I) adequately monitor, report, and
verify the amount of greenhouse gas
emissions, calculated on a lifecycle
basis (including direct emissions and
significant indirect emissions),
associated with such equipment,
technique, or technology; and
(II) adequately mitigate the
environmental impacts (including
impacts on biodiversity, land use, and
air and water quality) associated with
such equipment, technique, or
technology.
(2) Remove.--The term ``remove'' means to--
(A) capture carbon dioxide using eligible
technology; and
(B) permanently store such captured carbon
dioxide--
(i) in a subsurface geologic formation or
in materials, including building materials and
mineralized carbon materials; or
(ii) using other permanent storage methods,
as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Small removal project.--The term ``small removal
project'' means a project for the removal of carbon dioxide
that does not remove more than 5 percent of the net metric tons
of carbon dioxide required to be removed for the applicable
fiscal year under subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy.
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