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42 U.S.C. § 16298aCarbon utilization program

submitted 6 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 756 words · no verdicts yet

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This section sets up a related carbon utilization research program, including regional demonstration projects and grants that help states buy products made from captured carbon. It also creates a national Carbon Utilization Research Center. Congress authorizes about $41 to $69 million per year for fiscal years 2022 through 2026.

(a) The program. The Secretary must set up a research, development, and demonstration program for carbon utilization, to: (1) track lifecycle greenhouse gas emissions and other environmental effects of new enhanced-recovery techniques under a related section; (2) identify and assess new commercial and industrial uses for carbon and carbon oxides; (3) work with other agencies and standards bodies to develop standards and certifications that help commercialize these uses; (4) identify and assess carbon capture technologies for industrial systems; and (5) identify and assess alternative uses for raw and processed coal that produce no significant carbon dioxide or other pollution, including carbon engineering, carbon fiber, and coal conversion. (b) Demonstration and grant programs. (1) Within 180 days of December 27, 2020, the Secretary must start a 2-year demonstration program in each of the two major U.S. coal-producing regions, partnering with private companies to speed up commercial coal-carbon products. (2) Within one year of November 15, 2021, the Secretary must create a grant program. States, local governments, and public utilities or agencies are eligible; they apply as the Secretary directs. Grant money must be used to buy and use commercial or industrial products that are made from human-caused ("anthropogenic") carbon oxides and that meaningfully cut lifecycle greenhouse gas emissions compared to the products they replace. (3) These grants follow cost-sharing rules from another section. (c) Carbon Utilization Research Center. (1) The Secretary must set up and run a national "Carbon Utilization Research Center" focused on early-stage research into: (A) capturing carbon dioxide before or after combustion; (B) advanced compression technology for power plants; (C) converting carbon dioxide into valuable products; and (D) advanced carbon dioxide storage across different types of storage. (2) The Secretary must choose the Center competitively, considering applications from National Laboratories, universities, multi-institution groups, or other qualified entities, (3) prioritizing centers that already existed on December 27, 2020. (4) The Center gets support for up to 5 years, (5) which the Secretary may renew for more 5-year terms on a competitive basis, or (6) end early for cause. (d) Funding. Congress authorizes: $41,000,000 for 2022; $65,250,000 for 2023; $66,562,500 for 2024; $67,940,625 for 2025; and $69,387,656 for 2026. (e) Coordination. The Secretary must run this section's activities together with the related program in section 16298 as one combined Department program. Nothing in section 16298 limits what this section allows.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall establish a program of research, development, and demonstration for carbon utilization—

(1)

to assess and monitor—

(A)

potential changes in lifecycle carbon dioxide and other greenhouse gas emissions; and

(B)

other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced hydrocarbon recovery as part of the activities authorized under section 16293 of this title;

(2)

to identify and assess novel uses for carbon, including the conversion of carbon and carbon oxides for commercial and industrial products and other products with potential market value;

(3)

to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2);

(4)

to identify and assess carbon capture technologies for industrial systems; and

(5)

to identify and assess alternative uses for raw coal and processed coal products in all phases that result in no significant emissions of carbon dioxide or other pollutants, including products derived from carbon engineering, carbon fiber, and coal conversion methods.

(b) Demonstration programs for the purpose of commercialization
(1) In general

Not later than 180 days after December 27, 2020, as part of the program established under subsection (a), the Secretary shall establish a 2-year demonstration program in each of the 2 major coal-producing regions of the United States for the purpose of partnering with private institutions in coal mining regions to accelerate the commercial deployment of coal-carbon products.

(2) Grant program
(A) In general

Not later than 1 year after November 15, 2021, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D).

(B) Eligible entities

To be eligible to receive a grant under this paragraph, an entity shall be—

(i)

a State;

(ii)

a unit of local government; or

(iii)

a public utility or agency.

(C) Applications

Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.

(D) Use of funds

An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that—

(i)

use or are derived from anthropogenic carbon oxides; and

(ii)

demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products.

(3) Cost sharing

Activities under this subsection shall be subject to the cost-sharing requirements of section 16352 of this title.

(c) Carbon Utilization Research Center
(1) In general

In carrying out the program under subsection (a), the Secretary shall establish and operate a national Carbon Utilization Research Center (referred to in this subsection as the “Center”), which shall focus on early stage research and development activities including—

(A)

post-combustion and pre-combustion capture of carbon dioxide;

(B)

advanced compression technologies for new and existing fossil fuel-fired power plants;

(C)

technologies to convert carbon dioxide to valuable products and commodities; and

(D)

advanced carbon dioxide storage technologies that consider a range of storage regimes.

(2) Selection

The Secretary shall—

(A)

select the Center under this subsection on a competitive, merit-reviewed basis; and

(B)

consider applications from the National Laboratories, institutions of higher education, multiinstitutional collaborations, and other appropriate entities.

(3) Existing centers

In selecting the Center under this subsection, the Secretary shall prioritize carbon utilization research centers in existence on December 27, 2020.

(4) Duration

The Center established under this subsection shall receive support for a period of not more than 5 years, subject to the availability of appropriations.

(5) Renewal

On the expiration of any period of support of the Center, the Secretary may renew support for the Center, on a merit-reviewed basis, for a period of not more than 5 years.

(6) Termination

Consistent with the existing authorities of the Department, the Secretary may terminate the Center for cause during the performance period.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this section—

(1)

$41,000,000 for fiscal year 2022;

(2)

$65,250,000 for fiscal year 2023;

(3)

$66,562,500 for fiscal year 2024;

(4)

$67,940,625 for fiscal year 2025; and

(5)

$69,387,656 for fiscal year 2026.

(e) Coordination

The Secretary shall coordinate the activities authorized in this section with the activities authorized in section 16298 of this title as part of one consolidated program at the Department. Nothing in section 16298 of this title shall be construed as limiting the authorities provided in this section.

Source credit: (Pub. L. 109–58, title IX, § 969A, as added Pub. L. 116–260, div. Z, title IV, § 4004(a)(1), Dec. 27, 2020, 134 Stat. 2539; amended Pub. L. 117–58, div. D, title III, § 40302, Nov. 15, 2021, 135 Stat. 987.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 109-58 · 134 Stat. 2539
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 987

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2020-12-27.

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