Sec. 4602. Carbon dioxide capture technology prize
833 words·~4 min read·
/bill/114/s/2012/es/section-4602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1008 of the Energy Policy Act of 2005 ( 42 U.S.C. 16396 ) (as amended by section 4601) is amended by adding at the end the following: In this subsection: The term Board means the Carbon Dioxide Capture Technology Advisory Board established by paragraph (6). The term dilute means a concentration of less than 1 percent by volume. The term intellectual property means— an invention that is patentable under title 35, United States Code; and any patent on an invention described in clause (i).
The term Secretary means the Secretary of Energy or designee, in consultation with the Board. Not later than 1 year after the date of enactment of this subsection, as part of the program carried out under this section, the Secretary shall establish and award competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute. In carrying out this subsection, the Secretary shall— subject to paragraph (4), develop specific requirements for— the competition process; minimum performance standards for qualifying projects; and monitoring and verification procedures for approved projects; establish minimum levels for the capture of carbon dioxide from a dilute medium that are required to be achieved to qualify for a financial award described in subparagraph (C); offer financial awards for— a design for a promising capture technology; a successful bench-scale demonstration of a capture technology; a design for a technology described in clause
(i)that will— be operated on a demonstration scale; and achieve significant reduction in the level of carbon dioxide; and an operational capture technology on a commercial scale that meets the minimum levels described in subparagraph (B); and submit to Congress— an annual report that describes the progress made by the Board and recipients of financial awards under this subsection in achieving the demonstration goals established under subparagraph (C); and not later than 1 year after the date of enactment of this subsection, a report on the adequacy of authorized funding levels in this subsection. In carrying out paragraph (3)(A), the Board shall— provide notice of and, for a period of at least 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in paragraph (3)(A); and take into account public comments received in developing the final version of those requirements. No financial awards may be provided under this subsection until the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as are established by the Secretary. There is established an advisory board to be known as the Carbon Dioxide Capture Technology Advisory Board . The Board shall be composed of 9 members appointed by the President, who shall provide expertise in— climate science; physics; chemistry; biology; engineering; economics; business management; and such other disciplines as the Secretary determines to be necessary to achieve the purposes of this subsection. A member of the Board shall serve for a term of 6 years. A vacancy on the Board— shall not affect the powers of the Board; and shall be filled in the same manner as the original appointment was made. Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. The Board shall meet at the call of the Chairperson. A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule for each day during which the member is engaged in the actual performance of the duties of the Board. The Board shall advise the Secretary on carrying out the duties of the Secretary under this subsection. As a condition of receiving a financial award under this subsection, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States. The United States— may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subparagraph (A); but shall not, in the exercise of a license reserved under clause (i), publicly disclose proprietary information relating to the license. Title to any intellectual property described in subparagraph
(A)shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. There are authorized to be appropriated to carry out this subsection $50,000,000, to remain available until expended. The Board and all authority provided under this subsection shall terminate on December 31, 2026. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 4602
Carbon dioxide capture technology prize
Cites 1Cited by 0 across 0 sources