§16298a — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must set up a research, development, and demonstration program to find safe, low-emission ways to use carbon. The program must check lifecycle carbon and other greenhouse gas emissions and other environmental safety signs for new methods used with enhanced hydrocarbon recovery. It must look for new commercial uses of carbon and carbon oxides, work with other federal agencies to create needed standards and certifications, study carbon capture options for industry, and find ways to use raw and processed coal that do not cause significant carbon dioxide or other pollution. Within 180 days after December 27, 2020, the Secretary must start two 2-year demonstration projects, one in each of the two main U.S. coal-producing regions, to speed up commercial use of coal-carbon products. By 1 year after November 15, 2021, the Secretary must also start a grant program for States, local governments, and public utilities/agencies to buy products made from human-caused carbon oxides that show clear net lifecycle greenhouse gas reductions. Grant activities must follow the cost-sharing rules in section 16352. The Secretary must create and run a national Carbon Utilization Research Center for early-stage work on capture (pre- and post-combustion), advanced compression for fossil plants, turning CO2 into useful products, and advanced CO2 storage methods. The Center must be chosen by competitive review, can be run by national labs, universities, or collaborations, and should give priority to centers that existed on December 27, 2020. Support for the Center is up to 5 years, renewable for another 5 years, and it can be ended for cause. The law authorizes $41,000,000 for FY2022; $65,250,000 for FY2023; $66,562,500 for FY2024; $67,940,625 for FY2025; and $69,387,656 for FY2026. The Secretary must coordinate this work with the activities under section 16298 into one consolidated program.

Title 42, §16298a

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)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)(A)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)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)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)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)Activities under this subsection shall be subject to the cost-sharing requirements of section 16352 of this title.

(c)(1)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)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)In selecting the Center under this subsection, the Secretary shall prioritize carbon utilization research centers in existence on December 27, 2020.

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

(d)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(3) to (5). Pub. L. 117–58, § 40302(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Subsec. (b)(2), (3). Pub. L. 117–58, § 40302(2), added par. (2), redesignated former par. (2) as (3), and, in par. (3), substituted “this subsection” for “paragraph (1)”. Subsec. (d). Pub. L. 117–58, § 40302(3), added subsec. (d) and struck out former subsec. (d) which provided appropriations for fiscal years 2021 to 2025.

Statutory Notes and Related Subsidiaries

Wage Rate RequirementsFor 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 authority of Secretary of Labor, see section 18851 of this title.

§16298a Carbon Utilization Program