This model legislation would create a new legal framework specifically for ocean CDR research. The new framework is designed to achieve the dual goals of facilitating needed ocean CDR research, while also ensuring that research occurs in a scientifically sound, safe, and responsible manner. To that end, the model legislation addresses the following key issues:
- Distinguishing ocean CDR research from deployment, typically using the threshold of removing and storing 100,000 metric tons or more of carbon dioxide.
- Giving a lead federal agency sole responsibility for permitting ocean CDR research projects, with input and advice from others, including newly established Regional Research Councils.
- Directing the Ocean Policy Committee to establish an Interagency Working Group which will develop and periodically update a national plan for ocean CDR research.
- Designating Regional Research Councils to develop research programs to regionally implement the national plan developed by the Interagency Working Group.
- Directing the lead federal agency to designate preferred zones for ocean CDR research, with input from the Regional Research Councils and other key stakeholders.
- Requiring any person wanting to undertake an ocean CDR research project in U.S. ocean waters to obtain a permit from the lead federal agency.
- Requiring close collaboration between the lead federal agency and tribes, states, local governments, and others.
- Requiring that a person holding a permit maintain a bond or other financial assurance to ensure that funds are available for the cleanup of environmental harms caused by a research project.
This model law was drafted by Romany M. Webb and Korey Silverman-Roati of the Sabin Center for Climate Change Law. With the Sabin Center’s permission, it is being included here as part of the implementation project of Legal Pathways to Deep Decarbonization. Development of the model law was informed by a series of stakeholder workshops and interviews conducted in the fall of 2022, including two workshops in which over forty-five scientists, policy-makers, lawyers, and others with expertise in ocean CDR participated.