[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1860 Reported in Senate (RS)]







                                                       Calendar No. 316
109th CONGRESS
  1st Session
                                S. 1860

                          [Report No. 109-198]

To amend the Energy Policy Act of 2005 to improve energy production and 
reduce energy demand through improved use of reclaimed waters, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 7 (legislative day, October 6), 2005

Mr. Domenici (for himself, Mr. Bingaman, Mr. Frist, Mr. Alexander, Mrs. 
 Feinstein, and Mr. Salazar) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                            December 8, 2005

  Reported under authority of the order of the Senate of November 18, 
                2005, by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Energy Policy Act of 2005 to improve energy production and 
reduce energy demand through improved use of reclaimed waters, and for 
                            other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Energy-Water Efficiency 
Technology Research, Development, and Transfer Program Act of 
2005''.</DELETED>

<DELETED>SEC. 2. ENERGY-WATER EFFICIENCY AND SUPPLY TECHNOLOGY 
              RESEARCH, DEVELOPMENT, AND TRANSFER PROGRAM.</DELETED>

<DELETED>    The Energy Policy Act of 2005 (Public Law 109-58; 119 
Stat. 594) is amended by inserting after section 111 the 
following:</DELETED>

<DELETED>``SEC. 112. ENERGY-WATER EFFICIENCY AND SUPPLY TECHNOLOGY 
              RESEARCH, DEVELOPMENT, AND TRANSFER PROGRAM.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Advisory panel.--The term `Advisory Panel' 
        means the Energy-Water Efficiency and Supply Technology 
        Advisory Panel established under subsection (f).</DELETED>
        <DELETED>    ``(2) Energy-water efficiency and supply 
        technology.--The term `energy-water efficiency and supply 
        technology' means--</DELETED>
                <DELETED>    ``(A) technologies for--</DELETED>
                        <DELETED>    ``(i) reducing the amount of 
                        energy required to provide adequate water 
                        supplies;</DELETED>
                        <DELETED>    ``(ii) reducing water consumption 
                        in the production or generation of 
                        energy;</DELETED>
                        <DELETED>    ``(iii) the reclamation of 
                        previously unusable water;</DELETED>
                        <DELETED>    ``(iv) water reuse;</DELETED>
                        <DELETED>    ``(v) agricultural, industrial, 
                        and municipal efficiency and conservation; 
                        and</DELETED>
                        <DELETED>    ``(vi) water monitoring and 
                        systems analysis; and</DELETED>
                <DELETED>    ``(B) any other technologies identified by 
                the Secretary as necessary to carry out the 
                program.</DELETED>
        <DELETED>    ``(3) Lead laboratory.--The term `lead laboratory' 
        means each of the program lead laboratories designated under 
        subsection (d)(1).</DELETED>
        <DELETED>    ``(4) Program.--The term `program' means the 
        energy-water efficiency and supply technology research, 
        development, and transfer program established under subsection 
        (b).</DELETED>
<DELETED>    ``(b) Establishment.--In accordance with this section, the 
Secretary shall establish a National Laboratories energy-water 
efficiency and supply technology research, development, and transfer 
program that provides for the conduct of research on, and the 
development, demonstration, transfer, and commercialization of, 
economically viable and cost-effective energy-water efficiency and 
supply technologies to--</DELETED>
        <DELETED>    ``(1) promote the sustainable use of water for 
        energy production activities, including--</DELETED>
                <DELETED>    ``(A) developing less water-intensive 
                electric generation sources; and</DELETED>
                <DELETED>    ``(B) developing and implementing systems 
                analyses to balance energy and water demands;</DELETED>
        <DELETED>    ``(2) facilitate the widespread commercialization 
        of newly developed energy-water efficiency and supply 
        technologies for use in real-world applications, including the 
        conduct of an assessment of economic factors relating to the 
        introduction and adoption of energy-water efficiency and supply 
        technologies in practical applications;</DELETED>
        <DELETED>    ``(3) facilitate collaboration among Federal 
        agencies to provide for the integration of research on, and 
        disclosure of information relating to, energy-water efficiency 
        and supply technologies;</DELETED>
        <DELETED>    ``(4) reclaim and improve access to previously 
        unusable and nontraditional water resources; and</DELETED>
        <DELETED>    ``(5) increase the amount of water available for 
        human use.</DELETED>
<DELETED>    ``(c) Other Agreements.--The Secretary may enter into any 
grant, contract, cooperative agreement, interagency agreement, or other 
transaction, as the Secretary determines to be necessary to carry out 
this section.</DELETED>
<DELETED>    ``(d) Program Lead Laboratories.--</DELETED>
        <DELETED>    ``(1) In general.--The program shall be carried 
        out by Sandia National Laboratory, New Mexico, Oak Ridge 
        National Laboratory, Tennessee, and Lawrence Livermore National 
        Laboratory, California.</DELETED>
        <DELETED>    ``(2) Selection of university partners.--Each of 
        the lead laboratories, in consultation with the Advisory Panel, 
        shall select at least 1 university partner to assist in 
        carrying out the program.</DELETED>
<DELETED>    ``(e) Water Supply Technology Assessment.--</DELETED>
        <DELETED>    ``(1) Assessment duties.--In consultation with the 
        Secretary of Agriculture, the Administrator of the 
        Environmental Protection Agency, the Secretary of Defense, the 
        Administrator of the National Aeronautics and Space 
        Administration, the Director of the National Science 
        Foundation, the Secretary of the Interior, and other 
        appropriate Federal agencies, the Secretary, acting through the 
        lead laboratories, shall--</DELETED>
                <DELETED>    ``(A) assess energy-water efficiency and 
                supply technology research being performed;</DELETED>
                <DELETED>    ``(B) assess the annual amount of Federal 
                funding levels and authorizations for energy-water 
                efficiency and supply technology research;</DELETED>
                <DELETED>    ``(C) assess the scope of the energy-water 
                efficiency and supply technology research performed by 
                other agencies;</DELETED>
                <DELETED>    ``(D) assess whether and to what extent 
                Federal energy-water efficiency and supply technology 
                research is duplicative;</DELETED>
                <DELETED>    ``(E) identify energy-water efficiency and 
                supply technology research and development priorities; 
                and</DELETED>
                <DELETED>    ``(F) develop a technology roadmap to 
                identify critical energy-water efficiency and supply 
                technology research, development, demonstration and 
                commercialization activities to guide program 
                activities.</DELETED>
        <DELETED>    ``(2) Report.--Not later than 2 years after the 
        date of enactment of this section, the Secretary, acting 
        through the lead laboratories, shall submit to the Committee on 
        Energy and Natural Resources of the Senate, the Committee on 
        Resources of the House of Representatives, and the Committee on 
        Energy and Commerce of the House of Representatives a detailed 
        report on the assessment conducted under paragraph 
        (1).</DELETED>
<DELETED>    ``(f) Advisory Panel.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish 
        an advisory panel, to be known as the `Energy-Water Efficiency 
        and Supply Technology Advisory Panel', to advise the Secretary 
        on the activities carried out under this section.</DELETED>
        <DELETED>    ``(2) Membership.--Members of the Advisory Panel 
        shall--</DELETED>
                <DELETED>    ``(A) have expertise in--</DELETED>
                        <DELETED>    ``(i) energy-water efficiency and 
                        supply technology; or</DELETED>
                        <DELETED>    ``(ii) legal or regulatory issues 
                        associated with adopting energy-water 
                        efficiency and supply technologies in real-
                        world applications; and</DELETED>
                <DELETED>    ``(B) be representative of institutions of 
                higher education, industry, State and local 
                governments, international energy-water efficiency and 
                supply technology institutions, Federal agencies, and 
                nongovernmental organizations.</DELETED>
        <DELETED>    ``(3) Duties.--The Advisory Panel shall--
        </DELETED>
                <DELETED>    ``(A) periodically assess the performance 
                of energy-water efficiency and supply technology 
                research being carried out under this 
                section;</DELETED>
                <DELETED>    ``(B) advise the Secretary on research 
                priorities to be carried out under this 
                section;</DELETED>
                <DELETED>    ``(C) make recommendations to the 
                Secretary for awarding research grants and 
                demonstration project grants; and</DELETED>
                <DELETED>    ``(D) identify legal, policy, or 
                regulatory barriers to implementing energy-water 
                efficiency and supply technologies in real-world 
                applications.</DELETED>
<DELETED>    ``(g) Program Grants.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall provide 
        competitive grants to entities with expertise in the conduct of 
        energy-water efficiency and supply technology research, 
        development, and demonstration projects.</DELETED>
        <DELETED>    ``(2) Requirements.--The grants under paragraph 
        (1) shall be provided--</DELETED>
                <DELETED>    ``(A) in consultation with the Advisory 
                Panel;</DELETED>
                <DELETED>    ``(B) in coordination with the research, 
                development, demonstration, and commercialization 
                activities conducted by the lead laboratories; 
                and</DELETED>
                <DELETED>    ``(C) consistent with the technology 
                roadmap developed under subsection (e)(1)(F).</DELETED>
        <DELETED>    ``(3) Limitation.--Of amounts made available for 
        grants under subsection (j)(2)(C), not more than 25 percent 
        shall be provided to National Laboratories and Federal 
        agencies.</DELETED>
        <DELETED>    ``(4) Criteria.--The Secretary shall establish 
        criteria for the submission and review of grant applications 
        and the provision of grants under paragraph (1).</DELETED>
<DELETED>    ``(h) Program Review.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall enter into 
        an arrangement with the National Academy of Sciences to conduct 
        periodic peer reviews of the program.</DELETED>
        <DELETED>    ``(2) Requirements.--In conducting a review under 
        paragraph (1), the National Academy of Sciences shall--
        </DELETED>
                <DELETED>    ``(A) review the technology roadmap, 
                technical milestones, and plans for technology transfer 
                developed under the program; and</DELETED>
                <DELETED>    ``(B) assess the progress of the program 
                in achieving the technical milestones and plans for 
                technology transfer.</DELETED>
<DELETED>    ``(i) Report to Congress.--Not later than 3 years after 
the date of enactment of this section and each year thereafter, the 
Secretary shall submit to the Committee on Energy and Natural Resources 
of the Senate, the Committee on Resources of the House of 
Representatives, and the Committee on Energy and Commerce of the House 
of Representatives a report that describes the activities carried out 
under this section, including the activities carried out under 
subsection (f)(3)(D).</DELETED>
<DELETED>    ``(j) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this section, 
        including the completion of the roadmap under subsection 
        (e)(1)(F)--</DELETED>
                <DELETED>    ``(A) $5,000,000 for fiscal year 2006; 
                and</DELETED>
                <DELETED>    ``(B) such sums as are necessary for each 
                fiscal year thereafter.</DELETED>
        <DELETED>    ``(2) Allocation.--Of amounts made available under 
        paragraph (1) for fiscal year 2007 and each fiscal year 
        thereafter--</DELETED>
                <DELETED>    ``(A) at least 30 percent shall be 
                distributed equally between the lead laboratories for 
                the conduct of activities under the program;</DELETED>
                <DELETED>    ``(B) at least 10 percent shall be 
                provided to the lead laboratories to carry out 
                subsection (b)(2);</DELETED>
                <DELETED>    ``(C) at least 40 percent shall be made 
                available for program grants under subsection (g)(1); 
                and</DELETED>
                <DELETED>    ``(D) not more than 15 percent shall be 
                used to pay the administrative costs of carrying out 
                the program, including costs to support the activities 
                of the Advisory Panel.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Supply Technology Program Act 
of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory panel.--The term ``Advisory Panel'' means the 
        Water Supply Technology Advisory Panel established under 
        section 3(d).
            (2) Program.--The term ``program'' means the water supply 
        technology research, development, demonstration, and commercial 
        application program established under section 3(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (4) Water agency.--The term ``water agency'' means any 
        State, instrumentality of a State, municipality, political 
        subdivision, authority, utility, district, association, or 
        other entity that provides water for public use.
            (5) Water supply technology.--The term ``water supply 
        technology'' means--
                    (A) technologies for--
                            (i) desalination and associated concentrate 
                        disposal;
                            (ii) water reuse and recycling;
                            (iii) removing contaminants from water, 
                        including impaired water produced as a result 
                        of energy production activities;
                            (iv) reducing the amount of energy required 
                        to provide adequate water supplies;
                            (v) water use efficiency and conservation; 
                        and
                            (vi) water monitoring and systems analysis; 
                        and
                    (B) any other technologies identified by the 
                Secretary as appropriate to carry out the program.

SEC. 3. WATER SUPPLY TECHNOLOGY RESEARCH, DEVELOPMENT, DEMONSTRATION, 
              AND COMMERCIAL APPLICATION PROGRAM.

    (a) Establishment.--In accordance with this Act, the Secretary 
shall establish a national program for the research, development, 
demonstration, and commercial application of economically viable and 
cost-effective water supply technologies to--
            (1) increase the amount of water available for human use;
            (2) facilitate the widespread commercialization of newly 
        developed water supply technologies for use in real-world 
        applications, including the conduct of an assessment of 
        economic and other market-related factors relating to the 
        introduction and adoption of water supply technologies in 
        practical applications;
            (3) facilitate collaboration among Federal agencies to 
        provide for the integration of research on, and the 
        development, demonstration, and commercial application of, 
        water supply technologies; and
            (4) reclaim and improve access to previously unusable and 
        nontraditional water resources.
    (b) Other Agreements.--The Secretary may enter into any grant, 
contract, cooperative agreement, interagency agreement, or other 
transaction, as the Secretary determines to be necessary to carry out 
this Act.
    (c) Program Lead Laboratory.--
            (1) In general.--The Secretary shall designate 1 or more 
        lead National Laboratories to carry out water supply technology 
        research, development, demonstration, and commercial 
        application activities under the program.
            (2) Considerations.--In determining the number of lead 
        laboratories to designate under paragraph (1), the Secretary 
        shall consider the amount of appropriations available to carry 
        out the program.
            (3) Selection of university and water agency partners.--
        Each lead laboratory designated under paragraph (1), in 
        consultation with the Advisory Panel, shall select at least 1 
        university partner and at least 1 water agency partner to 
        assist the lead laboratory in carrying out the program.
    (d) Advisory Panel.--
            (1) In general.--The Secretary shall establish an advisory 
        panel, to be known as the ``Water Supply Technology Advisory 
        Panel'', to advise the Secretary on the activities carried out 
        under this Act.
            (2) Membership.--Members of the Advisory Panel shall--
                    (A) have expertise in--
                            (i) water supply technology; or
                            (ii) legal or regulatory issues associated 
                        with adopting water supply technologies in 
                        real-world applications; and
                    (B) be representative of institutions of higher 
                education, industry, State and local governments, 
                international water supply technology institutions, 
                Federal agencies, and nongovernmental organizations.
            (3) Duties.--The Advisory Panel shall--
                    (A) periodically assess the performance of water 
                supply technology research, development, demonstration, 
                and commercial application activities being carried out 
                under this Act;
                    (B) advise the Secretary on research priorities to 
                be carried out under this Act;
                    (C) make recommendations to the Secretary for 
                awarding research grants and demonstration project 
                grants; and
                    (D) identify legal, policy, or regulatory barriers 
                to implementing water supply technologies in real-world 
                applications.
    (e) Water Supply Technology Assessment.--
            (1) In general.--In consultation with the Secretary of 
        Agriculture, the Administrator of the Environmental Protection 
        Agency, the Secretary of Defense, the Administrator of the 
        National Aeronautics and Space Administration, the Director of 
        the National Science Foundation, the Secretary of the Interior, 
        the Director of the Office and Management and Budget, the 
        Director of the Office of Science and Technology Policy, and 
        the heads of other appropriate Federal agencies, the Secretary, 
        shall--
                    (A) assess the annual amount of Federal funding 
                levels and authorizations for water supply technology 
                research;
                    (B) assess the scope of the water supply technology 
                research performed by other agencies; and
                    (C) assess whether and to what extent Federal water 
                supply technology research is duplicative.
            (2) Technology roadmap.--In consultation with the Secretary 
        of Agriculture, the Administrator of the Environmental 
        Protection Agency, the Secretary of Defense, the Administrator 
        of the National Aeronautics and Space Administration, the 
        Director of the National Science Foundation, the Secretary of 
        the Interior, the Director of the Office of Science and 
        Technology Policy, the heads of other appropriate Federal 
        agencies, the Advisory Panel, any lead laboratories designated 
        under subsection (d)(1), the Secretary, shall--
                    (A) assess any water supply technology research 
                being performed;
                    (B) identify water supply technology research and 
                development priorities; and
                    (C) develop a technology roadmap to identify 
                critical water supply technology research, development, 
                demonstration, and commercial application activities to 
                guide program activities.
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate, the 
        Committee on Resources of the House of Representatives, and the 
        Committee on Energy and Commerce of the House of 
        Representatives a detailed report on--
                    (A) the assessments conducted under paragraphs (1) 
                and (2); and
                    (B) the technology roadmap developed under 
                paragraph (2)(C).
    (f) Program Grants.--
            (1) In general.--The Secretary shall provide competitive 
        grants to entities with expertise in the conduct of water 
        supply technology research, development, and demonstration 
        projects.
            (2) Requirements.--The grants under paragraph (1) shall be 
        provided consistent with the technology roadmap developed under 
        subsection (e)(2)(C).
            (3) Limitation.--Of amounts made available for grants under 
        section 4(b)(2), not more than 25 percent shall be provided to 
        National Laboratories and Federal agencies.
            (4) Criteria.--The Secretary shall establish criteria for 
        the submission and review of grant applications and the 
        provision of grants under paragraph (1).
    (g) Program Review.--
            (1) In general.--The Secretary shall establish an 
        independent third party review process to conduct periodic peer 
        reviews of the program.
            (2) Requirements.--In conducting a review under paragraph 
        (1), an independent third party reviewer shall--
                    (A) review the technology roadmap, technical 
                milestones, and plans for commercial application 
                developed under the program; and
                    (B) assess the progress of the program in achieving 
                the technical milestones and plans for commercial 
                application.
    (h) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act and each year thereafter, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate, 
the Committee on Resources of the House of Representatives, and the 
Committee on Energy and Commerce of the House of Representatives a 
report that describes the activities carried out under this Act, 
including the activities carried out under subsection (d)(3).
    (i) Cost-Sharing Requirement.--Any activities carried out under 
this Act shall be subject to section 988 of the Energy Policy Act of 
2005 (42 U.S.C. 16352).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this Act, including the completion of the 
roadmap under section 3(e)(2)(C)--
            (1) $5,000,000 for fiscal year 2006; and
            (2) such sums as are necessary for each fiscal year 
        thereafter.
    (b) Allocation.--Of amounts made available under subsection (a) for 
fiscal year 2007 and each fiscal year thereafter--
            (1) not more than 25 percent shall be made available to the 
        1 or more lead laboratories designated under section 3(c)(1), 
        to be distributed equally between the lead laboratories if more 
        than 1 lead laboratory is designated, for the conduct of 
        activities under the program (including to carry out section 
        3(a)(2));
            (2) at least 60 percent shall be made available for program 
        grants under section 3(f), of which 20 percent, or as the 
        Secretary determines to be appropriate, a higher percentage, 
        shall be made available for demonstration projects; and
            (3) not more than 15 percent shall be used to pay the 
        administrative costs of carrying out the program, including 
        costs to support the activities of the Advisory Panel.
                                                       Calendar No. 316

109th CONGRESS

  1st Session

                                S. 1860

                          [Report No. 109-198]

_______________________________________________________________________

                                 A BILL

To amend the Energy Policy Act of 2005 to improve energy production and 
reduce energy demand through improved use of reclaimed waters, and for 
                            other purposes.

_______________________________________________________________________

                            December 8, 2005

                       Reported with an amendment