I 111th CONGRESS 2d Session H. R. 6344 IN THE HOUSE OF REPRESENTATIVES September 29, 2010 Mr. Inslee (for himself and Mr. Baird) introduced the following bill; which was referred to the Committee on Science and Technology A BILL To promote the research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies, to identify the potential environmental impacts of these technologies and ways to address these impacts, and for other purposes.

1.

Short title

This Act may be cited as the Marine and Hydrokinetic Renewable Energy Promotion Act of 2010.

2.

Definitions

(a)

In general

For the purposes of this Act— (1)the term marine and hydrokinetic renewable energy has the meaning given that term in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211); and (2)the term Secretary means the Secretary of Energy. (b)

Amendment

Section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211) is amended to read as follows:

632.

Definition

For the purposes of this subtitle the term marine and hydrokinetic renewable energy means energy from— (1)waves, tides, and currents in oceans, estuaries, and tidal areas; (2)free flowing water in rivers, lakes, man-made water systems, and streams; (3)salinity gradients; and (4)water temperature gradients, including ocean thermal energy conversion.

The term marine and hydrokinetic renewable energy does not include energy from any source that uses a dam, diversionary structure, or impoundment for electric power purposes..

3.

Research, development, demonstration, and commercial application program

Section 633(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212(a)) is amended to read as follows: (a)

Establishment of program

(1)

In general

The Secretary, in consultation with the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall establish a program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application, which shall include activities to address the following: (A)Testing technologies, devices, and systems at a variety of scales to facilitate their commercial application. (B)Identifying, assessing, and finding ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies. (C)Establishing and expanding test centers and facilities. (D)Reducing the manufacturing, installation, operation, and maintenance costs of technologies. (E)Increasing performance, reliability, and survivability of technologies, devices, systems, and facilities. (F)Integrating technologies into the national electric grid. (G)Identifying, developing, demonstrating, and transferring to the private sector advanced systems engineering and system integration methods to identify critical interfaces. (H)Developing numerical and physical tools, including models and monitoring technologies, to assist industry in device and system design and operation. (I)Determining the potential availability, extractability, and cost-effectiveness of marine and hydrokinetic renewable energy generation in the United States. (J)Supporting material sciences, including the development of corrosive-resistant materials. (K)Designing and developing evaluation and performance standards domestically and with international partners. (L)Applying model predictions of relevant oceanic and atmospheric variables on time scales necessary for development and operation of marine and hydrokinetic renewable energy technologies, including for integration onto the electricity grid. (M)Identifying opportunities to transfer knowledge from existing marine and other industries to technology developers. (N)Identifying opportunities and benefits from colocated development of multiple renewable energy technologies or other activities. (O)Identifying the potential impacts on navigation of marine and hydrokinetic renewable energy technologies, and identifying measures to avoid and minimize adverse impacts on these uses. (P)Improving interagency collaboration to address challenges associated with the development of marine and hydrokinetic renewable energy technologies. (Q)Any other area of marine and hydrokinetic renewable energy technology development that the Secretary considers appropriate. (2)

Separation

The program established under paragraph (1) shall be separate from the Wind and Hydropower Program at the Department of Energy. .

4.

Energy generation technology demonstration grants

(a)

In general

In carrying out section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a competitive marine and hydrokinetic renewable energy technology demonstration grant program to— (1)verify the performance, reliability, maintainability, environmental impact, and cost of technology components, devices, and system designs in an operating environment; and (2)facilitate the commercial application of technology components, devices, and systems at a variety of scales. (b)

Activities

Activities that may be funded under this section include the following: (1)Providing stakeholders and industry with an opportunity to test and evaluate, including by connecting to the national electrical grid, marine and hydrokinetic renewable energy technologies at a variety of scales, including full-scale prototypes. (2)Documenting and communicating technical, environmental and, economic information from projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and other stakeholders. (3)Obtaining operating, maintenance, and cost data sufficiently rigorous to evaluate demonstrated technologies, components, devices, and systems. (4)Providing information to the public on potential positive and negative environmental impacts, effective monitoring techniques, and engineering design improvements to reduce environmental impacts throughout demonstration projects. (5)Conducting research, development, and monitoring activities necessary to support the demonstration project.

5.

Environmental research, development, and demonstration grants

In carrying out section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a competitive research, development, and demonstration grant program to identify, assess, and find ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies, devices, and systems. The program shall— (1)measure such potential impacts; (2)evaluate any environmental risks associated with marine and hydrokinetic renewable energy technologies, devices, and systems; (3)research and evaluate the effectiveness of strategies, including adaptive management, to avoid, minimize, or eliminate such potential impacts; (4)develop and demonstrate monitoring and other technologies needed to identify such potential impacts; (5)support baseline environmental research, including ecological characterization of marine ecosystems, for specific demonstration projects; (6)facilitate public-private cooperation, including identification and assessment of relevant existing private sector technologies; and (7)communicate and disseminate to the public information generated from a grant awarded under this section to aid in efficient and environmentally responsible technology development, except to the extent that the information is protected from disclosure under applicable law.

6.

Test facilities

(a)

In general

In carrying out section 633(a)(1)(C) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212(a)(1)(C)), not later than 180 days after the date of enactment of this Act, the Secretary shall award competitive grants to support 3 or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. These grants may support modification of an existing facility, including a Center established under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213), or construction of a new test facility. (b)

Program objectives

In awarding grants under this section, the Secretary shall provide for— (1)the demonstration of a variety of technologies at each test facility; (2)the demonstration of a variety of technologies among all of the test facilities established; and (3)the demonstration of technologies at a variety of scales. (c)

Activities

Each test facility established under this section shall— (1)provide infrastructure and resources for the evaluation and technical viability testing of marine and hydrokinetic renewable energy technologies; and (2)conduct and support research, development, and demonstration activities with respect to marine and hydrokinetic renewable energy technologies, including in support of the program and activities described in sections 4 and 5. (d)

Applicants

An applicant for a grant under this section shall be a nonprofit institution, State or local government, institution of higher education, National Laboratory, or Center established under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213), which can demonstrate to the satisfaction of the Secretary the ability and intention to— (1)combine expertise from relevant academic fields, including those related to the environment, marine sciences, energy, and electrical, mechanical, and civil engineering; and (2)partner with other entities that have expertise in advancing marine and hydrokinetic renewable energy technologies. (e)

Maximum amount

The Secretary shall provide no more than a total of $50,000,000 in Federal assistance, under this or any other Act, for each test facility. (f)

Amendments

Section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended— (1)in subsection (a), by striking marine renewable energy technologies and inserting marine and hydrokinetic renewable energy technologies; and (2)by amending subsection (b) to read as follows: (b)

Purposes

The Centers shall advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies and— (1)shall serve as information clearinghouses for the marine and hydrokinetic renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing marine and hydrokinetic renewable energy technologies; and (2)may serve as technology test facilities established under section 6 of the Marine and Hydrokinetic Renewable Energy Promotion Act of 2010. .

7.

Organization and administration of programs

(a)

Coordination and nonduplication

In carrying out this Act the Secretary shall coordinate and avoid duplication of activities across programs of the Department of Energy and with other relevant Federal agencies, including with those of the National Laboratories. (b)

Collaboration

In carrying out this Act the Secretary shall collaborate with industry, stakeholders, the National Laboratories, other relevant Federal agencies, relevant academic institutions, and international bodies with relevant scientific expertise. (c)

Public availability

The Secretary shall obtain from the recipient of assistance under this Act and make available to the public, through Department websites, reports, and databases, any research, development, demonstration, and commercial application information generated with respect to the technology supported under this Act, including information discovered after the completion of activities supported under this Act, except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code. (d)

Report to congress

Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Secretary shall transmit to the Congress a report on the findings and activities under this Act.

8.

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out this Act— (1)$200,000,000 for fiscal year 2011, to remain available until expended, of which— (A)$40,000,000 shall be for carrying out section 4; (B)$40,000,000 shall be for carrying out section 5; and (C)$100,000,000 shall be for carrying out section 6; and (2)$150,000,000 for each of fiscal years 2012 through 2015, to remain available until expended, of which— (A)$70,000,000 shall be for carrying out section 4; and (B)$60,000,000 shall be for carrying out section 5.