[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6084 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6084

  To provide for a program of hydropower, pumped storage, and marine 
      energy research, development, demonstration, and commercial 
                  application, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2020

Ms. Bonamici (for herself, Mr. Young, Mr. Deutch, Mr. McKinley, and Ms. 
Johnson of Texas) introduced the following bill; which was referred to 
            the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
  To provide for a program of hydropower, pumped storage, and marine 
      energy research, development, demonstration, and commercial 
                  application, 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 Power Research and Development 
Act''.

SEC. 2. WATER POWER RESEARCH AND DEVELOPMENT.

    (a) In General.--Subtitle C of title VI of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read 
as follows:

           ``Subtitle C--Water Power Research and Development

``SEC. 631. SHORT TITLE.

    ``This subtitle may be cited as the `Water Power Research and 
Development Act'.

``SEC. 632. DEFINITIONS.

    ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means 
        any of the following entities:
                    ``(A) An institution of higher education.
                    ``(B) A National Laboratory.
                    ``(C) A Federal research agency.
                    ``(D) A State research agency.
                    ``(E) A nonprofit research organization.
                    ``(F) An industrial entity or a multi-institutional 
                consortium thereof.
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(3) Marine energy.--The term `marine energy' means energy 
        from--
                    ``(A) waves, tides, and currents in oceans, 
                estuaries, and tidal areas;
                    ``(B) free flowing water in rivers, lakes, streams, 
                and man-made channels;
                    ``(C) differentials in salinity and pressure 
                gradients; and
                    ``(D) differentials in water temperature, including 
                ocean thermal energy conversion.
            ``(4) National laboratory.--The term `National Laboratory' 
        has the meaning given such term in section 2(3) of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801(3)).
            ``(5) Water power.--The term `water power' refers to 
        hydropower, including conduit power, pumped storage, and marine 
        energy technologies.
            ``(6) Microgrid.--The term `microgrid' has the meaning 
        given such term in section 641 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17231).

``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION.

    ``The Secretary shall carry out a program to conduct research, 
development, demonstration, and commercial application of water power 
technologies in support of each of the following purposes:
            ``(1) To promote research, development, demonstration, and 
        commercial application of water power generation technologies 
        in order to increase capacity and reduce the cost of those 
        technologies.
            ``(2) To promote research and development to improve the 
        environmental impact of water power technologies.
            ``(3) To provide grid reliability and resilience, including 
        through technologies that facilitate new market opportunities, 
        such as ancillary services, for water power.
            ``(4) To promote the development of water power 
        technologies to improve economic growth in the water power 
        sector, including in coastal communities.

``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    ``The Secretary shall conduct a program of research, development, 
demonstration, and commercial application for technologies that improve 
the capacity, efficiency, resilience, security, reliability, 
affordability, and environmental impact, including potential cumulative 
environmental impacts, of hydropower systems. In carrying out such 
program, the Secretary shall prioritize activities designed to--
            ``(1) develop technology for--
                    ``(A) non-powered dams, including aging and 
                potentially hazardous dams;
                    ``(B) pumped storage;
                    ``(C) constructed waterways;
                    ``(D) new stream-reach development;
                    ``(E) modular and small dams;
                    ``(F) increased operational flexibility; and
                    ``(G) enhancement of relevant existing facilities;
            ``(2) develop new strategies and technologies, including 
        analytical methods, physical and numerical tools, and advanced 
        computing, as well as methods to validate such methods and 
        tools, in order to--
                    ``(A) extend the operational lifetime of hydropower 
                systems and their physical structures, while improving 
                environmental impact, including potential cumulative 
                environmental impacts;
                    ``(B) assist in device and system design, 
                installation, operation, and maintenance; and
                    ``(C) reduce costs, limit outages, and increase 
                unit and plant efficiencies, including by examining the 
                impact of changing water and electricity demand on 
                hydropower generation, flexibility, and provision of 
                grid services;
            ``(3) study, in conjunction with other relevant Federal 
        agencies as appropriate, methods to improve the hydropower 
        licensing process, including by compiling current and accepted 
        best practices, public comments, and methodologies to assess 
        the full range of potential environmental and economic impacts;
            ``(4) identify opportunities for joint research, 
        development, and demonstration programs between hydropower 
        systems, which may include--
                    ``(A) pumped storage systems and other renewable 
                energy systems;
                    ``(B) small hydro facilities and other energy 
                storage systems;
                    ``(C) other hybrid energy systems;
                    ``(D) small hydro facilities and critical 
                infrastructure, including water infrastructure; and
                    ``(E) hydro facilities and responsive load 
                technologies, which may include smart buildings and 
                city systems;
            ``(5) improve the reliability of hydropower technologies, 
        including during extreme weather events;
            ``(6) develop methods and technologies to improve 
        environmental impact, including potential cumulative 
        environmental impacts, of hydropower and pumped storage 
        technologies, including potential impacts on wildlife, such 
        as--
                    ``(A) fisheries;
                    ``(B) aquatic life and resources;
                    ``(C) navigation of waterways; and
                    ``(D) upstream and downstream environmental 
                conditions, including sediment movement, water quality, 
                and flow volumes;
            ``(7) identify ways to increase power generation by--
                    ``(A) diversifying plant configuration options;
                    ``(B) improving pump-back efficiencies;
                    ``(C) investigating multi-phase systems;
                    ``(D) developing, testing, and monitoring advanced 
                generators with faster cycling times, variable speeds, 
                and improved efficiencies;
                    ``(E) developing, testing, and monitoring advanced 
                turbines capable of improving environmental impact, 
                including potential cumulative environmental impacts, 
                including small turbine designs;
                    ``(F) developing standardized powertrain 
                components;
                    ``(G) developing components with advanced materials 
                and manufacturing processes, including additive 
                manufacturing; and
                    ``(H) developing analytical tools that enable 
                hydropower to provide grid services that, amongst other 
                services, improve grid integration of other energy 
                sources;
            ``(8) advance new pumped storage technologies, including--
                    ``(A) systems with adjustable speed and other new 
                pumping and generating equipment designs;
                    ``(B) modular systems;
                    ``(C) alternative closed-loop systems, including 
                mines and quarries; and
                    ``(D) other innovative equipment and materials as 
                determined by the Secretary;
            ``(9) reduce civil works costs and construction times for 
        hydropower and pumped storage systems, including comprehensive 
        data and systems analysis of hydropower and pumped storage 
        construction technologies and processes in order to identify 
        areas for whole-system efficiency gains;
            ``(10) advance efficient and reliable integration of 
        hydropower and pumped storage systems with the electric grid 
        by--
                    ``(A) improving methods for operational forecasting 
                of renewable energy systems to identify opportunities 
                for hydropower applications in pumped storage and 
                hybrid energy systems, including forecasting of 
                seasonal and annual energy storage;
                    ``(B) considering aggregating small distributed 
                hydropower assets; and
                    ``(C) identifying barriers to grid scale 
                implementation of hydropower and pumped storage 
                technologies;
            ``(11) improve computational fluid dynamic modeling 
        methods;
            ``(12) improve flow measurement methods, including 
        maintenance of continuous flow measurement equipment;
            ``(13) identify best methods for compiling data on all 
        hydropower resources and assets, including identifying 
        potential for increased capacity; and
            ``(14) identify mechanisms to test and validate performance 
        of hydropower and pumped storage technologies.

``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    ``(a) In General.--The Secretary, in consultation with the 
Department of Defense, Secretary of Commerce (acting through the Under 
Secretary of Commerce for Oceans and Atmosphere) and other relevant 
Federal agencies, shall conduct a program of research, development, 
demonstration, and commercial application of marine energy technology, 
including activities to--
            ``(1) assist technology development to improve the 
        components, processes, and systems used for power generation 
        from marine energy resources at a variety of scales;
            ``(2) establish and expand critical testing infrastructure 
        and facilities necessary to--
                    ``(A) demonstrate and prove marine energy devices 
                at a range of scales in a manner that is cost-effective 
                and efficient; and
                    ``(B) accelerate the technological readiness and 
                commercial application of such devices;
            ``(3) address marine energy resource variability issues, 
        including through the application of energy storage 
        technologies;
            ``(4) advance efficient and reliable integration of marine 
        energy with the electric grid, which may include smart building 
        systems;
            ``(5) identify and study critical short-term and long-term 
        needs to maintaining a sustainable marine energy supply chain 
        based in the United States;
            ``(6) increase the reliability, security, and resilience of 
        marine energy technologies;
            ``(7) validate the performance, reliability, 
        maintainability, and cost of marine energy device designs and 
        system components in an operating environment;
            ``(8) consider the protection of critical infrastructure, 
        such as adequate separation between marine energy devices and 
        submarine telecommunications cables, including through the 
        development of voluntary, consensus-based standards for such 
        purposes;
            ``(9) identify opportunities for crosscutting research, 
        development, and demonstration programs between existing energy 
        research programs;
            ``(10) identify and improve, in conjunction with the 
        Secretary of Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, and other relevant Federal 
        agencies as appropriate, the environmental impact, including 
        potential cumulative environmental impacts, of marine energy 
        technologies, including--
                    ``(A) potential impacts on fisheries and other 
                marine resources; and
                    ``(B) developing technologies, including mechanisms 
                for self-evaluation, and other means available for 
                improving environmental impact, including potential 
                cumulative environmental impacts;
            ``(11) identify, in consultation with relevant Federal 
        agencies, potential navigational impacts of marine energy 
        technologies and strategies to prevent possible adverse 
        impacts, in addition to opportunities for marine energy systems 
        to aid the United States Coast Guard, such as remote sensing 
        for coastal border security;
            ``(12) develop numerical and physical tools, including 
        models and monitoring technologies, to assist industry in 
        device and system design, installation, operation, and 
        maintenance, including methods to validate such tools;
            ``(13) support materials science as it relates to marine 
        energy technology, such as the development of corrosive-
        resistant materials;
            ``(14) improve marine energy resource forecasting and 
        general understanding of aquatic system behavior, including 
        turbulence and extreme conditions;
            ``(15) develop metrics and voluntary, consensus-based 
        standards, in coordination with the National Institute of 
        Standards and Technology and appropriate standard development 
        organizations, for marine energy components, systems, and their 
        testing, including--
                    ``(A) sensors and instrumentation used in measuring 
                impacts and performance of marine energy technologies; 
                and
                    ``(B) sensors and instrumentation used to measure 
                environmental conditions;
            ``(16) enhance integration with hybrid energy systems, 
        including desalination;
            ``(17) identify opportunities to integrate marine energy 
        technologies into new and existing infrastructure; and
            ``(18) to develop technology necessary to support the use 
        of marine energy--
                    ``(A) for the generation and storage of power at 
                sea; and
                    ``(B) for the generation and storage of power to 
                promote the resilience of coastal communities, 
                including in applications relating to--
                            ``(i) desalination;
                            ``(ii) disaster recovery and resilience; 
                        and
                            ``(iii) community microgrids in isolated 
                        power systems.
    ``(b) Study of Non-Power Sector Applications for Advanced Marine 
Energy Technologies.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation and the Secretary of Commerce, 
        shall conduct a study to examine opportunities for research and 
        development in advanced marine energy technologies for non-
        power sector applications, including applications with respect 
        to--
                    ``(A) the maritime transportation sector;
                    ``(B) associated maritime energy infrastructure, 
                including infrastructure that serves ports, to improve 
                system resilience and disaster recovery; and
                    ``(C) enabling scientific missions at sea and in 
                extreme environments, including the Arctic.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Science, Space, and Technology of the House of 
        Representatives a report that describes the results of the 
        study conducted under paragraph (1).

``SEC. 636. NATIONAL MARINE ENERGY CENTERS.

    ``(a) In General.--The Secretary shall award grants, each such 
grant up to $10,000,000 per year, to institutions of higher education 
(or consortia thereof) for--
            ``(1) the continuation and expansion of the research, 
        development, demonstration, testing, and commercial application 
        activities at the National Marine Energy Centers (referred to 
        in this section as `Centers') established as of January 1, 
        2020; and
            ``(2) the establishment of new National Marine Energy 
        Centers.
    ``(b) Location Selection.--In selecting institutions of higher 
education for new Centers, the Secretary shall consider the following 
criteria:
            ``(1) Whether the institution hosts an existing marine 
        energy research and development program.
            ``(2) Whether the institution has proven technical 
        expertise to support marine energy research.
            ``(3) Whether the institution has access to marine 
        resources.
    ``(c) Purposes.--The Centers shall coordinate among themselves, the 
Department, and National Laboratories to--
            ``(1) advance research, development, demonstration, and 
        commercial application of marine energy technologies in 
        response to industry and commercial needs;
            ``(2) support in-water testing and demonstration of marine 
        energy technologies, including facilities capable of testing--
                    ``(A) marine energy systems of various technology 
                readiness levels and scales;
                    ``(B) a variety of technologies in multiple test 
                berths at a single location;
                    ``(C) arrays of technology devices; and
                    ``(D) interconnectivity to an electrical grid, 
                including microgrids; and
            ``(3) collect and disseminate information on best practices 
        in all areas relating to developing and managing marine energy 
        resources and energy systems.
    ``(d) Coordination.--To the extent practicable, the Centers shall 
coordinate their activities with the Secretary of Commerce, acting 
through the Undersecretary of Commerce for Oceans and Atmosphere, and 
other relevant Federal agencies.
    ``(e) Termination.--To the extent otherwise authorized by law, the 
Secretary may terminate funding for a Center described in paragraph (a) 
if such Center is under-performing.

``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

    ``(a) Coordination.--In carrying out this subtitle, the Secretary 
shall coordinate activities, and effectively manage cross-cutting 
research priorities across programs of the Department and other 
relevant Federal agencies, including the National Laboratories and the 
National Marine Energy Centers.
    ``(b) Collaboration.--
            ``(1) In general.--In carrying out this subtitle, the 
        Secretary shall collaborate with industry, National 
        Laboratories, other relevant Federal agencies, institutions of 
        higher education, including Minority Serving Institutions, 
        National Marine Energy Centers, Tribal entities, including 
        Alaska Native Corporations, and international bodies with 
        relevant scientific and technical expertise.
            ``(2) Participation.--To the extent practicable, the 
        Secretary shall encourage research projects that promote 
        collaboration between entities specified in paragraph (1) and 
        include entities not historically associated with National 
        Marine Energy Centers, such as Minority Serving Institutions.
            ``(3) International collaboration.--The Secretary of 
        Energy, in coordination with other appropriate Federal and 
        multilateral agencies (including the United States Agency for 
        International Development) shall support collaborative efforts 
        with international partners to promote the research, 
        development, and demonstration of water power technologies used 
        to develop hydropower, pump storage, and marine energy 
        resources.
    ``(c) Dissemination of Results and Public Availability.--The 
Secretary shall--
            ``(1) publish the results of projects supported under this 
        subtitle through Department websites, reports, databases, 
        training materials, and industry conferences, including 
        information discovered after the completion of such projects, 
        withholding any industrial proprietary information; and
            ``(2) share results of such projects with the public except 
        to the extent that the information is protected from disclosure 
        under section 552(b) of title 5, United States Code.
    ``(d) Award Frequency.--The Secretary shall solicit applications 
for awards under this subtitle no less frequently than once per fiscal 
year.
    ``(e) Education and Outreach.--In carrying out the activities 
described in this subtitle, the Secretary shall support education and 
outreach activities to disseminate information and promote public 
understanding of water power technologies and the water power 
workforce, including activities at the National Marine Energy Centers.
    ``(f) Technical Assistance and Workforce Development.--In carrying 
out this subtitle, the Secretary may also conduct, for purposes of 
supporting technical, non-hardware, and information-based advances in 
water power systems development and operations--
            ``(1) technical assistance and analysis activities with 
        eligible entities, including activities that support expanding 
        access to advanced water power technologies for rural, Tribal, 
        and low-income communities; and
            ``(2) workforce development and training activities, 
        including to support the dissemination of standards and best 
        practices for enabling water power production.
    ``(g) Strategic Plan.--In carrying out the activities described in 
this subtitle, the Secretary shall--
            ``(1) not later than one year after the date of the 
        enactment of the Water Power Research and Development Act, 
        draft a plan, considering input from relevant stakeholders such 
        as industry and academia, to implement the programs described 
        in this subtitle and update the plan on an annual basis; and
            ``(2) the plan shall address near-term (up to 2 years), 
        mid-term (up to 7 years), and long-term (up to 15 years) 
        challenges to the advancement of water power systems.
    ``(h) Report to Congress.--Not later than 1 year after the date of 
the enactment of the Water Power Research and Development Act, and at 
least once every 2 years thereafter, the Secretary shall provide, and 
make available to the public and the relevant authorizing and 
appropriations committees of Congress, a report on the findings of 
research conducted and activities carried out pursuant to this 
subtitle, including the most current strategic plan under subsection 
(g) and the progress made in implementing such plan.

``SEC. 638. APPLICABILITY OF OTHER LAWS.

    ``Nothing in this subtitle shall be construed as waiving, 
modifying, or superseding the applicability of any requirement under 
any environmental or other Federal or State law.

``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry 
out this subtitle--
            ``(1) $152,750,000 for fiscal year 2021, including 
        $112,580,000 for marine energy and $40,170,000 for hydropower 
        research, development, and demonstration activities;
            ``(2) $157,678,300 for fiscal year 2022, including 
        $116,303,200 for marine energy and $41,375,100 for hydropower 
        research, development, and demonstration activities;
            ``(3) $162,791,915 for fiscal year 2023, including 
        $120,175,562 for marine energy and $42,616,353 for hydropower 
        research, development, and demonstration activities;
            ``(4) $168,098,139 for fiscal year 2024, including 
        $124,203,295 for marine energy and $43,894,844 for hydropower 
        research, development, and demonstration activities; and
            ``(5) $173,604,558 for fiscal year 2025, including 
        $128,392,869 for marine energy and $45,211,689 for hydropower 
        research, development, and demonstration activities.''.
    (b) Conforming Table of Contents Amendment.--The table of contents 
for the Energy Independence and Security Act of 2007 is amended by 
striking the items relating to subtitle C of title VI and inserting the 
following:

           ``Subtitle C--Water Power Research and Development

``Sec. 631. Short title.
``Sec. 632. Definitions.
``Sec. 633. Water power technology research, development, and 
                            demonstration.
``Sec. 634. Hydropower research, development, and demonstration.
``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42 
U.S.C. 15801 et seq.) is amended--
            (1) in section 201(a), by striking ``ocean (including 
        tidal, wave, current, and thermal)'' and inserting ``marine'';
            (2) in section 203(b)(2)--
                    (A) by striking ``ocean (including tidal, wave, 
                current, and thermal)'' and inserting ``marine''; and
                    (B) by adding at the end the following: ``For 
                purposes of this Act, the term `marine' has the meaning 
                given the term `marine energy' in section 632 of the 
                Water Power Research and Development Act.'';
            (3) in section 931(a)(2)(E)(i), by striking ``ocean energy, 
        including wave energy'' and inserting ``marine energy (as 
        defined in section 632 of the Water Power Research and 
        Development Act)''; and
            (4) in section 1833(a), by striking ``ocean energy 
        resources (including tidal, wave, and thermal energy)'' and 
        inserting ``marine energy resources''.
    (b) Energy Policy Act of 1992.--Section 1212 of the Energy Policy 
Act of 1992 (42 U.S.C. 13317) is amended--
            (1) in subsection (a)(4)(A)(i), by striking ``ocean 
        (including tidal, wave, current, and thermal)'' and inserting 
        ``marine (as defined in section 632 of the Water Power Research 
        and Development Act)'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``ocean (including tidal, wave, current, and 
        thermal)'' and inserting ``marine (as defined in section 632 of 
        the Water Power Research and Development Act)''; and
            (3) in subsection (e)(1), in the first sentence, by 
        striking ``ocean (including tidal, wave, current, and 
        thermal)'' and inserting ``marine (as defined in section 632 of 
        the Water Power Research and Development Act)''.
    (c) Renewable Energy and Energy Efficiency Technology 
Competitiveness Act of 1989.--The Renewable Energy and Energy 
Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et 
seq.) is amended--
            (1) in section 9(c) (42 U.S.C. 12006(c)), by striking 
        ``ocean,'' and inserting ``marine,''; and
            (2) in section 4 (42 U.S.C. 12003)--
                    (A) in subsection (a)(5), by striking ``Ocean'' and 
                inserting ``Marine''; and
                    (B) in subsection (c), in the matter preceding 
                paragraph (1), by striking ``Ocean'' and inserting 
                ``Marine''.
                                 <all>