[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2599 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2599

To establish the Water Supply Technologies Program within the Office of 
Energy Efficiency and Renewable Energy of the Department of Energy, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2002

   Mr. Domenici (for himself, Mr. Kyl, and Mr. Crapo) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish the Water Supply Technologies Program within the Office of 
Energy Efficiency and Renewable Energy of the Department of Energy, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Supply Technologies Act of 
2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the understanding, use, and protection of water 
        resources are matters of national and global security;
            (2) increasing demand for water supply may dramatically 
        alter population patterns and strain international relations;
            (3) the remediation of many sites of the Department of 
        Energy and the treatment of domestic water supplies require 
        cost-effective, efficient removal of contaminants from water 
        supplies;
            (4) such remediation frequently involves knowledge and 
        modeling of water transport at the surface and subsurface 
        levels;
            (5)(A) energy costs--
                    (i) are a major factor in the extraction, storage, 
                treatment, and delivery of water; and
                    (ii) are particularly high in the case of 
                desalination processes; and
            (B) increased efficiencies in energy use, or use of 
        renewable energy sources in treatment processes, can result in 
        large cost savings;
            (6)(A) most energy production technologies are highly water 
        intensive;
            (B) the energy industry is the second largest water user 
        after agriculture;
            (C) energy production requires a reliable, predictable 
        water supply; and
            (D) the limited availability of water is beginning to 
        constrain construction of new powerplants;
            (7) having strong expertise in geosciences, hydrology, 
        chemistry, energy options, system modeling, and security 
        technologies, the Department of Energy is well positioned to 
        contribute to national efforts relating to water issues;
            (8) modeling and simulation of water cycles on at least the 
        scale of river basins can guide strategies affecting--
                    (A) site cleanup;
                    (B) agricultural use of land;
                    (C) industrial use of land;
                    (D) protection of the environment; and
                    (E) population expansion;
            (9) municipal water systems are facing unfunded Federal 
        mandates to remove heavy metals and other contaminants from 
        water supplies;
            (10) in the future, as water supplies are further stressed, 
        municipal water systems may be forced to use water supplies 
        that cannot, using existing technologies, be cost-effectively 
        purified to meet clean water standards;
            (11) many components of technologies used in the 
        remediation of heavy metals and other contaminants at sites of 
        the Department would aid municipal water systems in water 
        purification;
            (12) for municipal water systems, 2 of the most 
        economically and technically challenging treatment processes 
        are--
                    (A) reduction of arsenic levels; and
                    (B) desalination;
            (13)(A) the security of water supplies is a growing 
        concern; and
            (B) there is an emerging need for real-time sensing, and 
        reporting systems for early warnings to the public, of 
        potentially hazardous contaminants in the drinking water 
        supply;
            (14) major water shortages along the United States-Mexico 
        border--
                    (A) are projected to occur in the future; and
                    (B) could contribute to many issues affecting the 
                border region; and
            (15) research and development of the Department must be 
        coordinated with research and development of other Federal 
        agencies, each of which has responsibilities, interests, and 
        capabilities to contribute to solving the important problems 
        described in this section.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Arsenic removal program.--The term ``arsenic removal 
        program'' means the program carried out under section 4(d).
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Deputy assistant secretary.--The term ``Deputy 
        Assistant Secretary'' means the Deputy Assistant Secretary for 
        Water Supply Technologies in the Office of Energy Efficiency 
        and Renewable Energy of the Department appointed under section 
        4(a)(2).
            (4) Desalination program.--The term ``desalination 
        program'' means the program carried out under section 4(e).
            (5) Foundation.--The term ``Foundation'' means the American 
        Water Works Association Research Foundation.
            (6) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (7) Program.--The term ``Program'' means the Water Supply 
        Technologies Program established by section 4(a)(1).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (9) Water and energy sustainability program.--The term 
        ``water and energy sustainability program'' means the program 
        carried out under section 4(f).
            (10) Water supply security program.--The term ``water 
        supply security program'' means the program carried out under 
        section 4(g).

SEC. 4. WATER SUPPLY TECHNOLOGIES PROGRAM.

    (a) Establishment.--
            (1) In general.--There is established within the Office of 
        Energy Efficiency and Renewable Energy of the Department a 
        program to be known as the ``Water Supply Technologies 
        Program''.
            (2) Deputy assistant secretary.--The Secretary shall 
        establish, and appoint an individual to fill, the position of 
        Deputy Assistant Secretary for Water Supply Technologies.
    (b) Duties.--
            (1) In general.--The Deputy Assistant Secretary shall carry 
        out the Program, consisting of--
                    (A) the arsenic removal program under subsection 
                (d);
                    (B) the desalination program under subsection (e);
                    (C) the water and energy sustainability program 
                under subsection (f); and
                    (D) the water supply security program under 
                subsection (g).
            (2) Contractual authority.--In carrying out the duties of 
        the Deputy Assistant Secretary, the Deputy Assistant Secretary 
        may enter into contracts with--
                    (A) private industries;
                    (B) colleges and universities;
                    (C) national laboratories; and
                    (D) nonprofit organizations.
    (c) Oversight.--The Secretary shall ensure that the results of 
research and development conducted by the Department that are relevant 
to the Program are communicated to the Deputy Assistant Secretary.
    (d) Arsenic Removal Program.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Deputy Assistant Secretary shall 
        offer to enter into a contract with the Foundation under which 
        the Foundation shall carry out a research program to develop 
        and demonstrate innovative arsenic removal technologies.
            (2) Types of research.--In carrying out the arsenic removal 
        program, the Foundation shall, to the maximum extent 
        practicable, conduct research on means of--
                    (A) reducing energy costs incurred in using arsenic 
                removal technologies;
                    (B) minimizing materials costs, operating costs, 
                and maintenance costs incurred in using arsenic removal 
                technologies; and
                    (C) minimizing any quantities of waste (especially 
                hazardous waste) that result from use of arsenic 
                removal technologies.
            (3) Water purification technologies.--In carrying out the 
        arsenic removal program, the Foundation shall carry out peer-
        reviewed projects (including research projects and cost-shared 
        demonstration projects in conjunction with municipal water 
        systems) to develop and demonstrate water purification 
        technologies.
            (4) Demonstration projects.--
                    (A) Arid southwestern united states.--In carrying 
                out the arsenic removal program, the Foundation shall 
                carry out at least 3 demonstration projects to 
                demonstrate the applicability of innovative arsenic 
                removal technologies to the arid southwestern United 
                States.
                    (B) Rural communities and indian tribes.--Not less 
                than 40 percent of the funds of the Department used for 
                demonstration projects under the arsenic removal 
                program shall be expended in partnership with rural 
                communities or Indian tribes.
            (5) Evaluation of cost effectiveness.--In carrying out the 
        arsenic removal program, the Foundation shall use WERC, A 
        Consortium for Environmental Education and Technology 
        Development, to evaluate the cost effectiveness of arsenic 
        removal technologies used in the program.
            (6) Education and training.--In carrying out the arsenic 
        removal program, the Deputy Assistant Secretary shall provide a 
        mechanism for education, training, and technology transfer to 
        be developed and implemented by WERC, A Consortium for 
        Environmental Education and Technology Development.
            (7) Coordination with other programs.--The Deputy Assistant 
        Secretary, in conjunction with the Administrator of the 
        Environmental Protection Agency, shall ensure that activities 
        under the arsenic removal program are coordinated with 
        appropriate programs of the Environmental Protection Agency.
            (8) Report.--Not later than 1 year after the date of 
        commencement of the arsenic removal program, and annually 
        thereafter, the Secretary shall submit to Congress a report on 
        the results of the arsenic removal program.
    (e) Desalination Program.--
            (1) In general.--The Deputy Assistant Secretary, in 
        cooperation with the Commissioner of Reclamation, shall carry 
        out a desalination program in accordance with the desalination 
        technology progress plan developed under the matter under the 
        heading ``water and related resources'' under the heading 
        ``Bureau of Reclamation'' in title II of the Energy and Water 
        Development Appropriations Act, 2002 (115 Stat. 498), and 
        described in Senate Report 107-39.
            (2) Desalination research.--
                    (A) In general.--Under the desalination program, 
                Sandia National Laboratories and the Bureau of 
                Reclamation shall coordinate desalination research for 
                next-generation desalination technology.
                    (B) Required research elements.--In conducting 
                research under the desalination program, Sandia 
                National Laboratories and the Bureau of Reclamation 
                shall--
                            (i) focus on research relating to, and 
                        development and demonstration of, technologies 
                        that are appropriate for use in desalinating 
                        brackish groundwater and other saline water 
                        supplies; and
                            (ii) consider the use of renewable energy.
            (3) Construction projects.--Under the desalination program, 
        funds made available to carry out activities in the Tularosa 
        Basin, New Mexico, may be used for construction projects, 
        including completion of the National Desalination Research 
        Center.
            (4) Steering committee.--
                    (A) In general.--The Deputy Assistant Secretary and 
                the Commissioner of Reclamation shall jointly establish 
                a steering committee for the desalination program.
                    (B) Chairpersons.--The steering committee shall be 
                jointly chaired by 1 representative from the Program 
                and 1 representative from the Bureau of Reclamation.
    (f) Water and Energy Sustainability Program.--
            (1) In general.--The Deputy Assistant Secretary shall carry 
        out a program to ensure that sufficient quantities of water are 
        available for the energy sector through development of modeling 
        and analysis tools to assess and manage--
                    (A) competing demands for water by the energy 
                sector and other categories of water users, including 
                the agriculture sector, the energy sector, industry, 
                domestic users, and the environment; and
                    (B) the impacts of energy production on the 
                availability of water.
            (2) Required elements.--Under the water and energy 
        sustainability program, the Deputy Assistant Secretary shall--
                    (A) in accordance with paragraph (3), develop a 
                coordinated strategy to identify technology development 
                and improved modeling capabilities needed to achieve 
                the goal of continued water and energy sustainability;
                    (B) in accordance with paragraph (4), develop such 
                advanced modeling and decision analysis tools as are 
                necessary to assess and manage competing demands for 
                water by various categories of water users specified in 
                paragraph (1)(A); and
                    (C) in accordance with paragraph (5), carry out 
                demonstration projects to test the models and tools 
                developed under subparagraph (B).
            (3) Water and energy sustainability strategy.--In 
        developing the strategy under paragraph (2)(A), the Deputy 
        Assistant Secretary shall--
                    (A) collaborate with water management agencies, 
                universities, industry, and stakeholder groups to 
                define issues and needs; and
                    (B) develop a coordinated science and technology 
                strategy to support future water use decisions that 
                include issues of energy sustainability.
            (4) Advanced modeling and decision analysis tools.--
                    (A) Applicable scales.--Modeling and decision 
                analysis tools developed under paragraph (2)(B) shall 
                address water and energy availability issues--
                            (i) physically, on the scale of river 
                        basins; and
                            (ii) temporally, on scales ranging from 
                        seasons to decades.
                    (B) Coordination.--Modeling and decision analysis 
                tools developed under paragraph (2)(B) shall be 
                coordinated with global climate change predictive 
                capabilities supported by the Federal Government.
                    (C) Modeling tools.--Modeling tools developed under 
                paragraph (2)(B) shall include tools for modeling the 
                effects of--
                            (i) atmospheric, surface, and subsurface 
                        phenomena;
                            (ii) rural and urban populations and land 
                        use changes;
                            (iii) energy, agriculture, and other 
                        industrial demands;
                            (iv) energy impacts on water quality and 
                        quantity; and
                            (v) changing marketplace behaviors and 
                        other economic forces.
                    (D) Decision analysis tools.--Decision analysis 
                tools developed under paragraph (2)(B) shall include 
                tools to support water and energy resources planning 
                through--
                            (i) provision of direct support for policy 
                        and planning decisions;
                            (ii) optimization of water use for the 
                        energy sector and other categories of water 
                        users specified in paragraph (1)(A); and
                            (iii) assessment of the potential benefits 
                        of new technologies to improve water and energy 
                        sustainability.
            (5) Demonstration projects.--Demonstration projects carried 
        out under paragraph (2)(C) shall--
                    (A) test water and energy modeling and decision 
                analysis tools for 3 river basins, at least 1 of which 
                includes an international border;
                    (B) focus on assessing water resources and managing 
                competing demands for, and impacts on, water by the 
                energy sector and other categories of water users 
                specified in paragraph (1)(A); and
                    (C) be conducted in collaboration with water 
                resources management organizations in the basins 
                described in subparagraph (A).
            (6) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Deputy Assistant Secretary shall 
        submit to the Secretary and Congress a report on the water and 
        energy sustainability program that--
                    (A) describes the elements required under paragraph 
                (2); and
                    (B) makes recommendations for a management 
                structure and research and development plan for the 
                water and energy sustainability program that optimizes 
                use of Federal resources and programs.
    (g) Water Supply Security Program.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Deputy Assistant Secretary shall 
        offer to enter into a contract with the Foundation under which 
        the Foundation shall carry out a research program, in 
        coordination with the Assistant to the President for Homeland 
        Security, with the goal of developing low-cost, mass-produced, 
        micro-analytical systems to provide early warning of 
        potentially hazardous contaminants in municipal water systems.
            (2) Required elements.--In carrying out the water supply 
        security program, the Foundation shall, to the maximum extent 
        practicable, develop--
                    (A) means of reducing monitoring costs, including 
                technologies to replace expensive sampling and analysis 
                used, as of the date of enactment of this Act, for 
                routine regulatory compliance;
                    (B) innovative, cost-effective monitoring 
                technologies for detection of--
                            (i) chemical and biological threats; and
                            (ii) chemicals and pharmaceuticals subject 
                        to current or potential future regulation; and
                    (C) rapid and effective methodologies to transform 
                monitoring data into information for decisionmaking and 
                automated response.
            (3) Monitoring technologies.--In carrying out the water 
        supply security program, the Foundation, in conjunction with 
        municipal water systems, shall carry out peer-reviewed projects 
        to develop and demonstrate monitoring technologies.
            (4) Report.--Not later than 1 year after the date of 
        implementation of the water supply security program, and 
        annually thereafter, the Secretary shall submit to Congress a 
        report on the results of the water supply security program.
    (h) Cost Sharing.--
            (1) In general.--Except as provided in paragraph (2), each 
        demonstration project carried out under the Program shall be 
        carried out on a cost-shared basis, as determined by the 
        Secretary.
            (2) In-kind contributions; waivers.--With respect to a 
        demonstration project, the Secretary may--
                    (A) accept in-kind contributions; and
                    (B) waive the cost-sharing requirement in 
                appropriate circumstances.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $25,000,000 for fiscal year 2003, of which--
                    (A) $8,000,000 shall be used to carry out 
                subsection (d);
                    (B) $6,000,000 shall be used to carry out 
                subsection (e);
                    (C) $7,000,000 shall be used to carry out 
                subsection (f); and
                    (D) $4,000,000 shall be used to carry out 
                subsection (g); and
            (2) such sums as are necessary for each fiscal year 
        thereafter.

SEC. 5. EXTENSIONS OF COMPLIANCE DEADLINES FOR SMALL PUBLIC WATER 
              SYSTEMS.

    Section 1412(b)(10) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(10)) is amended--
            (1) by striking ``A national primary'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), a 
        national primary''; and
            (2) by adding at the end the following:
            ``(2) Extensions.--
                    ``(A) Small public water systems.--
                            ``(i) In general.--In accordance with the 
                        report submitted to Congress by the 
                        Administrator entitled `Small System Arsenic 
                        Implementation Issues', in addition to any 2-
                        year extension described in paragraph (1), the 
                        Administrator (or a State, in the case of an 
                        individual system) may provide to a public 
                        water system that serves a population of not 
                        more than 10,000 an extension of 3 years in 
                        which to comply with a maximum contaminant 
                        level or treatment technique described in that 
                        paragraph.
                            ``(ii) Renewal of extensions.--The 
                        Administrator (or a State, in the case of an 
                        individual system) may renew an extension 
                        granted to a small public water system under 
                        clause (i) if--
                                    ``(I) the small public water system 
                                serves a population of not more than 
                                3,300; and
                                    ``(II) the small public water 
                                system demonstrates, to the 
                                satisfaction of the Administrator (or 
                                the State), that the small public water 
                                system is taking all practicable steps 
                                to meet the requirements of this title.
                    ``(B) All public water systems.--In addition to any 
                2-year extension received under paragraph (1), the 
                Administrator (or a State, in the case of an individual 
                system) may provide to any public water system an 
                extension of 4 years in which to comply with a maximum 
                contaminant level or treatment technique described in 
                that paragraph if the public water system is in the 
                process of implementing arsenic removal technology 
                developed under section 4(d) of the Water Supply 
                Technologies Act of 2002.''.
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