View all text of Part J [§ 16371 - § 16378]
§ 16372. Determination of eligibility and project selection
(a) Establishment of programThe Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this part—
(1) a Federal credit instrument under section 16373 of this title;
(2) a grant under section 16374 of this title; or
(3) both a Federal credit instrument and a grant.
(b) Eligibility
(1) In generalA project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if—
(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and
(B) the project meets the criteria described in this subsection.
(2) Creditworthiness
(A) In general
(B) Reasonable prospect of repaymentThe Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of—
(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment);
(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements;
(iii) the projected financial strength of the obligor—(I) at the time of loan close; and(II) throughout the loan term, including after the project is completed;
(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and
(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.
(3) Applications
(4) Eligible project costs
(5) Revenue sourcesThe applicable Federal credit instrument shall be repayable, in whole or in part, from—
(A) user fees;
(B) payments owing to the obligor under a public-private partnership; or
(C) other revenue sources that also secure or fund the project obligations.
(6) Obligor will be identified laterA State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be—
(A) the obligor; and
(B) identified at a later date through completion of a procurement and selection of the private party.
(7) Beneficial effectsThe Secretary shall determine that financial assistance for each project under the CIFIA program will—
(A) attract public or private investment for the project; or
(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project.
(8) Project readiness
(c) Selection among eligible projects
(1) Establishment of application processThe Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may—
(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and
(B) receive grants under section 16374 of this title if—
(i) adequate funds are available to cover the amount of the grant; and
(ii) the Secretary determines that the project is eligible under subsection (b).
(2) PriorityIn selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that—
(A) are large-capacity, common carrier infrastructure;
(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air;
(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and
(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns.
(3) Master credit agreements
(A) Priority projectsThe Secretary may enter into a master credit agreement for a project that the Secretary determines—
(i) will likely be eligible for credit assistance under subsection (b), on obtaining—(I) additional commitments from associated carbon capture projects to use the project; or(II) all necessary permits and approvals; and
(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2).
(B) Adequate funding not availableIf the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect—
(i)(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or
(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument.
(d) Federal requirements
(1) In general
(2) NEPA
(e) Use of American iron, steel, and manufactured goods
(1) In general
(2) ExceptionsParagraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that—
(A) the application would be inconsistent with the public interest;
(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or
(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent.
(3) WaiversIf the Secretary receives a request for a waiver under this subsection, the Secretary shall—
(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request—
(i) on an informal basis; and
(ii) by electronic means, including on the official public website of the Department;
(B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and
(C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request.
(4) Applicability
(f) Application processing procedures
(1) Notice of complete applicationNot later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether—
(A) the application is complete; or
(B) additional information or materials are needed to complete the application.
(2) Approval or denial of application
(g) Development-phase activities
(Pub. L. 109–58, title IX, § 999B, as added Pub. L. 117–58, div. D, title III, § 40304(a), Nov. 15, 2021, 135 Stat. 991.)