118th CONGRESS 1st Session |
To amend the Energy Policy Act of 2005 to require the Secretary of Energy to create a plan for research, development, and commercialization projects capable of making significant reductions in the greenhouse gas emissions or carbon intensity of qualified fuel production facilities, and for other purposes.
May 10, 2023
Mrs. Fletcher introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Energy Policy Act of 2005 to require the Secretary of Energy to create a plan for research, development, and commercialization projects capable of making significant reductions in the greenhouse gas emissions or carbon intensity of qualified fuel production facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Carbon Limiting Emissions At Refineries Act” or the “CLEAR Act”.
SEC. 2. Carbon emissions and intensity reduction technologies for qualified fuel production facilities.
(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 section:
“SEC. 969E. Carbon emissions and intensity reduction for qualified fuel production facilities.
“(a) Report.—Not later than 180 days after the date of enactment of CLEAR Act, the Secretary shall submit to Congress a report that outlines opportunities for research, development, and commercialization projects that utilize technologies capable of making significant reductions in the greenhouse gas emissions or carbon intensity of qualified fuel production facilities, including a plan for the 5-year period beginning on the date of the submission of the report for advancing the readiness level of such technologies, including technologies for energy use reductions, use of advanced catalysts, electrification of heat and steam generation, hydrogen firing, low grade waste heat recovery, membrane separations, and other process improvements for qualified fuel production facilities, from laboratory scale to commercial use.
“(b) Program.—Not later than 180 days after the Secretary submits the report under subsection (a), the Secretary shall, based on such report, establish a program of research, development, demonstration, and commercial application of technologies described in subsection (a) to facilitate the development of—
“(1) promising projects that, with appropriate support, could produce such technologies that are commercially-feasible; and
“(2) carbon capture, utilization, and sequestration technologies for qualified fuel production facilities.
“(1) IN GENERAL.—In carrying out the program established under subsection (b), the Secretary may award funds for commercial-scale demonstration projects for qualified fuel production facilities that test the scale of a technology described in subsection (a) necessary for commercial operation, in accordance with this subsection.
“(2) ENGINEERING AND DESIGN STUDIES.—In carrying out the program under subsection (b), the Secretary may award funds for front-end engineering and design studies in addition to, or in advance of, issuing an award for a demonstration project under this subsection.
“(3) APPLICATION.—An entity seeking an award to conduct a demonstration project under this subsection shall submit to the Secretary an application at such time and in such manner as the Secretary may require.
“(4) LIMITATIONS.—The Secretary shall only provide an award under this subsection after reviewing each applicant and application for—
“(A) financial strength;
“(B) construction schedule;
“(C) market risk; and
“(D) contractor history.
“(5) REQUIREMENTS.—An awardee under this subsection shall—
“(A) utilize technologies that have completed pilot-scale testing or the equivalent, as determined by the Secretary;
“(B) secure and maintain agreements for one or more technologies described in subsection (a), or carbon capture, utilization, and sequestration technologies, at a qualified fuel production facility; and
“(C) upon completion of a demonstration project, demonstrate reductions in the greenhouse gas emissions or carbon intensity of a qualified fuel production facility.
“(6) COST SHARING.—The Secretary shall require cost sharing under this subsection in accordance with section 988.
“(d) Applicability.—No technology, or level of emissions reduction, shall be treated as adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411), achievable for purposes of section 169 of that Act (42 U.S.C. 7479), or achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501) solely by reason of the identification of such technology in the report submitted under subsection (a) or under the program established under subsection (b).
“(e) Qualified fuel production facility defined.—In this section, the term ‘qualified fuel production facility’ means—
“(1) a petroleum refinery or any connected facility; or
“(2) a facility that manufactures commercial amounts of a drop-in fuel (as defined in section 2922h(c)(1) of title 10, United States Code).
“(f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $200,000,000 for fiscal year 2024 and each fiscal year thereafter.”.
(b) Table of contents.—The table of contents for the Energy Policy Act of 2005 is amended by adding after the item relating to section 969D the following:
“Sec. 969E. Carbon emissions and intensity reduction for qualified fuel production facilities.”.