[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3598 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3598


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
    To ensure consideration of water intensity in the Department of 
 Energy's energy research, development, and demonstration programs to 
help guarantee efficient, reliable, and sustainable delivery of energy 
                          and water resources.

    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 ``Energy and Water Research 
Integration Act''.

SEC. 2. ENERGY AND WATER RESEARCH AND ASSESSMENT.

    (a) In General.--The Secretary of Energy shall assess each of the 
energy research, development, and demonstration programs and projects 
of the Department of Energy and identify those programs and projects 
into which it is appropriate to integrate water considerations. In 
carrying out this section the Secretary shall, as appropriate--
            (1) seek to advance energy and energy efficiency 
        technologies and practices that would--
                    (A) minimize freshwater withdrawal and consumption;
                    (B) increase water use efficiency; and
                    (C) utilize nontraditional water sources with 
                efforts to improve the quality of that water;
            (2) consider the effects climate variability and change may 
        have on water supplies and quality for energy generation and 
        fuel production; and
            (3) improve understanding of the energy required to provide 
        water supplies and the water required to provide reliable 
        energy supplies throughout the United States.
    (b) Strategic Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Energy shall develop a 
        Strategic Plan (in this section referred to as the ``Strategic 
        Plan'') outlining the research, development, and demonstration 
        needs for the programs and projects identified under subsection 
        (a), in accordance with subsections (a) through (c) of this 
        section, as appropriate.
            (2) Milestones and specific considerations.--In carrying 
        out the development and updating of the Strategic Plan in 
        accordance with this subsection, the Secretary shall evaluate 
        and, as appropriate, establish technical milestones for--
                    (A) new advanced cooling technologies for energy 
                generation and fuel production technologies;
                    (B) performance improvement of existing cooling 
                technologies and cost reductions associated with using 
                those technologies;
                    (C) innovative water reuse, recovery, and treatment 
                in energy generation and fuel production;
                    (D) technology development for carbon capture and 
                storage systems that utilize efficient water use design 
                strategies;
                    (E) technologies that are life-cycle cost 
                effective;
                    (F) systems analysis and modeling of issues 
                relating to the energy required to provide water 
                supplies and the water required to provide reliable 
                energy supplies throughout the United States;
                    (G) technologies to treat and utilize produced 
                waters discharged from oil, natural gas, coalbed 
                methane, and mining activities;
                    (H) advanced materials for the use of 
                nontraditional water sources for energy generation and 
                fuel production;
                    (I) biomass production and utilization and the 
                impact on hydrologic systems;
                    (J) technologies that reduce impacts on water from 
                energy resource development;
                    (K) increases in energy efficiency of water 
                distribution and collection systems;
                    (L) technologies for energy generation from water 
                distribution and collection systems; and
                    (M) any other area of the energy-water nexus that 
                the Secretary considers appropriate.
            (3) Interagency collaboration and nonduplication.--In 
        carrying out the development and updating of the Strategic Plan 
        in accordance with this subsection, the Secretary shall, where 
        appropriate, work collaboratively with other Federal agencies 
        operating related programs and avoid duplication.
            (4) Intra-agency coordination and nonduplication.--In 
        carrying out the development and updating of the Strategic Plan 
        in accordance with this subsection, the Secretary shall 
        coordinate and avoid duplication of activities across programs 
        and projects of the Department of Energy, including with those 
        of the National laboratories.
            (5) Relevant information and recommendations.--In carrying 
        out the development and updating of the Strategic Plan in 
        accordance with this subsection, the Secretary shall consider 
        and incorporate, as appropriate, relevant information and 
        recommendations, including those of the National Water 
        Availability and Use Assessment Program under section 9508(d) 
        of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
        10368(d)).
            (6) Nongovernmental participation.--In carrying out the 
        development and updating of the Strategic Plan in accordance 
        with this subsection, the Secretary shall consult and 
        coordinate with a diverse group of representatives from 
        research and academic institutions and industry who have 
        expertise in technologies and practices relating to the energy 
        required to provide water supplies and the water required to 
        provide reliable energy supplies throughout the United States.
            (7) Submission to congress.--Not later than 9 months after 
        the date of enactment of this Act, the Secretary shall submit 
        to Congress the Strategic Plan.
            (8) Updating the strategic plan.--Not later than 3 years 
        after the date of enactment of this Act, the Secretary shall 
        utilize relevant information produced by Federal Government 
        agencies, academia, and industry to update the Strategic Plan, 
        and submit a report to Congress describing the changes from the 
        initial Strategic Plan.
    (c) Implementation.--
            (1) In general.--The Secretary of Energy shall implement 
        the Strategic Plan, as appropriate, in carrying out energy 
        research, development, and demonstration programs of the 
        Department of Energy.
            (2) Application to projects.--Not later than 3 months after 
        the submission of the report to Congress in subsection (b)(7)), 
        the Secretary shall as appropriate apply the Strategic Plan to 
        projects--
                    (A) identified as the most energy and water 
                intensive; and
                    (B) with the most potential to achieve the purposes 
                of this section.
            (3) Delay or disruption.--In carrying out this subsection, 
        the Secretary shall ensure that no program or project of the 
        Department is unnecessarily delayed or disrupted.
    (d) Reports.--Not later than 2 years after the date of enactment of 
this Act, and at least once every 2 years thereafter, the Secretary 
shall transmit to Congress a report on its findings and activities 
under this section.
    (e) Additional Activities.--The Secretary may provide for such 
additional research, development, and demonstration activities as may 
be appropriate to integrate water considerations into the research, 
development, and demonstration activities of the Department as 
described in subsection (a).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$60,000,000 for each of the fiscal years 2011 through 2015.

SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL.

    (a) In General.--The Secretary of Energy, in coordination with 
other relevant Federal agencies, shall establish an Energy-Water 
Architecture Council to promote and enable improved energy and water 
resource data collection, reporting, and technological innovation. The 
Council shall consist of--
            (1) representation from each Federal agency that conducts 
        research related to energy and water resource data; and
            (2) non-Federal members, including representatives of 
        research and academic institutions and industry, who have 
        expertise in technologies and practices relating to the energy 
        required to provide water supplies and the water required to 
        provide reliable energy supplies throughout the United States.
    (b) Functions.--The Council shall--
            (1) make recommendations on the development of data 
        collection and data communication standards and protocols to 
        agencies and entities currently engaged in collecting the data 
        for the energy required to provide water supplies and the water 
        required to provide reliable energy supplies throughout the 
        United States;
            (2) recommend ways to make improvements to Federal water 
        use data to increase understanding of trends in energy 
        generation and fuel production;
            (3) recommend best practices for utilizing information from 
        existing monitoring networks to provide nationally uniform 
        water and energy use and infrastructure data; and
            (4) conduct annual technical workshops, including at least 
        one regional workshop annually, to facilitate information 
        exchange among Federal, State, and private sector experts on 
        technologies that encourage the conservation and efficient use 
        of water and energy.
    (c) Reports.--Not later than 1 year after the date of enactment of 
this Act, and at least once every 2 years thereafter, the Council, 
through the Secretary of Energy, shall transmit to the Congress a 
report on its findings and activities under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$5,000,000 for each of the fiscal years 2011 through 2015.

SEC. 4. LIMITATION ON FEDERAL REGULATIONS.

    Nothing in this Act shall be construed to allow the establishment 
of regulations by the Federal Government that would infringe or impair 
the use of water by State, tribal, or local governments.

SEC. 5. MANDATES.

    Nothing in this Act shall be construed to require State, tribal, or 
local governments to take any action that may result in an increased 
financial burden to such governments by restricting the use of water by 
such governments.

SEC. 6. COORDINATION AND NONDUPLICATION.

    To the maximum extent practicable, the Secretary of Energy shall 
coordinate activities under this Act with other programs of the 
Department of Energy and other Federal research programs.

            Passed the House of Representatives December 1, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.