II Calendar No. 316 109th CONGRESS 1st Session S. 1860 [Report No. 109–198] 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.
1.
Short title
This Act may be cited as the Energy-Water Efficiency Technology Research, Development, and Transfer Program Act of 2005.
2.
Energy-water efficiency and supply technology research, development, and transfer program
The Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by inserting after section 111 the following:
112.
Energy-water efficiency and supply technology research, development, and transfer program
(a)
Definitions
In this section: (1)
Advisory panel
The term Advisory Panel means the Energy-Water Efficiency and Supply Technology Advisory Panel established under subsection (f). (2)
Energy-water efficiency and supply technology
The term energy-water efficiency and supply technology means— (A)technologies for— (i)reducing the amount of energy required to provide adequate water supplies; (ii)reducing water consumption in the production or generation of energy; (iii)the reclamation of previously unusable water; (iv)water reuse; (v)agricultural, industrial, and municipal efficiency and conservation; and (vi)water monitoring and systems analysis; and (B)any other technologies identified by the Secretary as necessary to carry out the program. (3)
Lead laboratory
The term lead laboratory means each of the program lead laboratories designated under subsection (d)(1). (4)
Program
The term program means the energy-water efficiency and supply technology research, development, and transfer program established under subsection (b). (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— (1)promote the sustainable use of water for energy production activities, including— (A)developing less water-intensive electric generation sources; and (B)developing and implementing systems analyses to balance energy and water demands; (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; (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; (4)reclaim and improve access to previously unusable and nontraditional water resources; and (5)increase the amount of water available for human use. (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. (d)
Program lead laboratories
(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. (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. (e)
Water supply technology assessment
(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— (A)assess energy-water efficiency and supply technology research being performed; (B)assess the annual amount of Federal funding levels and authorizations for energy-water efficiency and supply technology research; (C)assess the scope of the energy-water efficiency and supply technology research performed by other agencies; (D)assess whether and to what extent Federal energy-water efficiency and supply technology research is duplicative; (E)identify energy-water efficiency and supply technology research and development priorities; and (F)develop a technology roadmap to identify critical energy-water efficiency and supply technology research, development, demonstration and commercialization activities to guide program activities. (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). (f)
Advisory panel
(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. (2)
Membership
Members of the Advisory Panel shall— (A)have expertise in— (i)energy-water efficiency and supply technology; or (ii)legal or regulatory issues associated with adopting energy-water efficiency and supply technologies in real-world applications; and (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. (3)
Duties
The Advisory Panel shall— (A)periodically assess the performance of energy-water efficiency and supply technology research being carried out under this section; (B)advise the Secretary on research priorities to be carried out under this section; (C)make recommendations to the Secretary for awarding research grants and demonstration project grants; and (D)identify legal, policy, or regulatory barriers to implementing energy-water efficiency and supply technologies in real-world applications. (g)
Program grants
(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. (2)
Requirements
The grants under paragraph (1) shall be provided— (A)in consultation with the Advisory Panel; (B)in coordination with the research, development, demonstration, and commercialization activities conducted by the lead laboratories; and (C)consistent with the technology roadmap developed under subsection (e)(1)(F). (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. (4)
Criteria
The Secretary shall establish criteria for the submission and review of grant applications and the provision of grants under paragraph (1). (h)
Program review
(1)
In general
The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic peer reviews of the program. (2)
Requirements
In conducting a review under paragraph (1), the National Academy of Sciences shall— (A)review the technology roadmap, technical milestones, and plans for technology transfer developed under the program; and (B)assess the progress of the program in achieving the technical milestones and plans for technology transfer. (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). (j)
Authorization of appropriations
(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)— (A)$5,000,000 for fiscal year 2006; and (B)such sums as are necessary for each fiscal year thereafter. (2)
Allocation
Of amounts made available under paragraph (1) for fiscal year 2007 and each fiscal year thereafter— (A)at least 30 percent shall be distributed equally between the lead laboratories for the conduct of activities under the program; (B)at least 10 percent shall be provided to the lead laboratories to carry out subsection (b)(2); (C)at least 40 percent shall be made available for program grants under subsection (g)(1); and (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.
.
1.
Short title
This Act may be cited as the Water Supply Technology Program Act of 2005.
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.
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).
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.
December 8, 2005 Reported with an amendment