[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4712 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4712

To promote desalination project development and drought resilience, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2021

 Mr. Levin of California (for himself and Mr. Huffman) introduced the 
    following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To promote desalination project development and drought resilience, 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 ``Desalination Development Act''.

SEC. 2. DESALINATION PROJECTS AUTHORIZATION.

    Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by striking the second paragraph 
(1) (relating to projects) and inserting the following:
            ``(2) Projects.--
                    ``(A) Definition of eligible desalination 
                project.--In this paragraph, the term `eligible 
                desalination project' means any project located in a 
                Reclamation State that--
                            ``(i) involves an ocean or brackish water 
                        desalination facility--
                                    ``(I) constructed, operated, and 
                                maintained by a State, Indian Tribe, 
                                irrigation district, water district, or 
                                other organization with water or power 
                                delivery authority; or
                                    ``(II) sponsored or funded by any 
                                State, department of a State, 
                                subdivision of a State, or public 
                                agency organized pursuant to State law, 
                                including--
                                            ``(aa) direct sponsorship 
                                        or funding; or
                                            ``(bb) indirect sponsorship 
                                        or funding, such as by paying 
                                        for the water provided by the 
                                        facility;
                            ``(ii) provides a Federal benefit in 
                        accordance with the reclamation laws; and
                            ``(iii) is consistent with all applicable 
                        State and Federal resource protection laws 
                        including the protection of marine protected 
                        areas.
                    ``(B) Definition of designated desalination 
                project.--The term `designated desalination project' 
                means an eligible desalination project that--
                            ``(i) is an ocean desalination project that 
                        uses a subsurface intake;
                            ``(ii) has a total estimated cost of 
                        $80,000,000 or less; and
                            ``(iii) is designed to serve a community or 
                        group of communities that collectively import 
                        more than 75 percent of their water supplies.
                    ``(C) Cost-sharing requirement.--
                            ``(i) In general.--Subject to the 
                        requirements of this paragraph, the Federal 
                        share of an eligible desalination project 
                        carried out under this subsection shall be--
                                    ``(I) not more than 25 percent of 
                                the total cost of the eligible 
                                desalination project; or
                                    ``(II) in the case of a designated 
                                desalination project, the applicable 
                                percentage determined in accordance 
                                with clause (ii).
                            ``(ii) Cost-sharing requirement for 
                        construction costs.--In the case of a 
                        designated desalination project carried out 
                        under this subsection, the Federal share of the 
                        cost of construction of the designated 
                        desalination project shall not exceed the 
                        greater of--
                                    ``(I) 35 percent of the total cost 
                                of construction, up to a Federal cost 
                                of $20,000,000; or
                                    ``(II) 25 percent of the total cost 
                                of construction.
                    ``(D) State role.--Participation by the Secretary 
                in an eligible desalination project under this 
                paragraph shall not occur unless--
                            ``(i)(I) the eligible desalination project 
                        is included in a State-approved plan; or
                            ``(II) the participation has been requested 
                        by the Governor of the State in which the 
                        eligible desalination project is located; and
                            ``(ii) the State or local sponsor of the 
                        eligible desalination project determines, and 
                        the Secretary concurs, that--
                                    ``(I) the eligible desalination 
                                project--
                                            ``(aa) is technically and 
                                        financially feasible;
                                            ``(bb) provides a Federal 
                                        benefit in accordance with the 
                                        reclamation laws; and
                                            ``(cc) is consistent with 
                                        applicable State laws, State 
                                        regulations, State coastal zone 
                                        management plans and other 
                                        State plans such as 
                                        California's Water Quality 
                                        Control Plan for the Ocean 
                                        Waters in California;
                                    ``(II) sufficient non-Federal 
                                funding is available to complete the 
                                eligible desalination project; and
                                    ``(III) the eligible desalination 
                                project sponsors are financially 
                                solvent; and
                            ``(iii) the Secretary submits to Congress a 
                        written notification of the determinations 
                        under clause (ii) by not later than 30 days 
                        after the date of the determinations.
                    ``(E) Environmental laws.--In participating in an 
                eligible desalination project under this paragraph, the 
                Secretary shall comply with all applicable 
                environmental laws, including, but not limited to, the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and State laws implementing the Coastal 
                Zone Management Act.
                    ``(F) Information.--In participating in an eligible 
                desalination project under this subsection, the 
                Secretary--
                            ``(i) may rely on reports prepared by the 
                        sponsor of the eligible desalination project, 
                        including feasibility or equivalent studies, 
                        environmental analyses, and other pertinent 
                        reports and analyses; but
                            ``(ii) shall retain responsibility for 
                        making the independent determinations described 
                        in subparagraph (C).
                    ``(G) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this paragraph $260,000,000 for the period 
                        of fiscal years 2020 through 2024.
                            ``(ii) Congressional approval initially 
                        required.--
                                    ``(I) In general.--Each initial 
                                award under this paragraph for design 
                                and study or for construction of an 
                                eligible desalination project shall be 
                                approved by an Act of Congress.
                                    ``(II) Reclamation 
                                recommendations.--The Commissioner of 
                                Reclamation shall submit 
                                recommendations regarding the initial 
                                award of preconstruction and 
                                construction funding for consideration 
                                under subclause (I) to--
                                            ``(aa) the Committee on 
                                        Appropriations of the Senate;
                                            ``(bb) the Committee on 
                                        Energy and Natural Resources of 
                                        the Senate;
                                            ``(cc) the Committee on 
                                        Appropriations of the House of 
                                        Representatives; and
                                            ``(dd) the Committee on 
                                        Natural Resources of the House 
                                        of Representatives.
                            ``(iii) Subsequent funding awards.--After 
                        approval by Congress of an initial award of 
                        preconstruction or construction funding for an 
                        eligible desalination project under clause 
                        (ii), the Commissioner of Reclamation may award 
                        additional preconstruction or construction 
                        funding, respectively, for the eligible 
                        desalination project without further 
                        congressional approval.''.

SEC. 3. PRIORITIZATION FOR PROJECTS.

    Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note; Public Law 104-298) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary and the 
Commissioner of Reclamation shall each prioritize projects--
            ``(1) for the benefit of drought-stricken States and 
        communities;
            ``(2) for the benefit of States that have authorized 
        funding for research and development of desalination 
        technologies and projects;
            ``(3) that demonstrably reduce a reliance on imported water 
        supplies that have an impact on species listed under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
            ``(4) that, in a measurable and verifiable manner, reduce a 
        reliance on imported water supplies from imperiled ecosystems 
        such as the Sacramento-San Joaquin River Delta;
            ``(5) that demonstrably leverage the experience of 
        international partners with considerable expertise in 
        desalination, such as the State of Israel;
            ``(6) that maximize use of renewable energy to power 
        desalination facilities;
            ``(7) that maximize energy efficiency so that the lifecycle 
        energy demands of desalination are minimized;
            ``(8) located in regions that have employed strategies to 
        increase water conservation and the capture and recycling of 
        wastewater and stormwater; and
            ``(9) that meet the following criteria if they are ocean 
        desalination facilities--
                    ``(A) utilize a subsurface intake or, if a 
                subsurface intake is not technologically feasible, an 
                intake that uses the best available site, design, 
                technology, and mitigation measures to minimize the 
                mortality of all forms of marine life and impacts to 
                coastal dependent resources;
                    ``(B) are sited and designed to ensure that the 
                disposal of wastewaters including brine from the 
                desalination process--
                            ``(i) are not discharged to impaired bodies 
                        of water, or State or Federal Marine Protected 
                        Areas; and
                            ``(ii) achieve ambient salinity levels 
                        within a reasonable distance from the discharge 
                        point;
                    ``(C) are sited, designed, and operated in a manner 
                that maintains indigenous marine life and a healthy and 
                diverse marine community;
                    ``(D) do not cause significant unmitigated harm to 
                aquatic life; and
                    ``(E) include a construction and operation plan 
                designed to minimize loss of coastal habitat as well as 
                aesthetic, noise, and air quality impacts.''.

SEC. 4. RECOMMENDATIONS TO CONGRESS.

    In determining project recommendations to Congress under section 
4(a)(2)(F)(ii)(II) of the Water Desalination Act of 1996, the 
Commissioner of Reclamation shall establish a priority scoring system 
that assigns priority scores to each project evaluated based on the 
prioritization criteria of section 4(c) of the Water Desalination Act 
of 1996 (42 U.S.C. 10301 note; Public Law 104-298).
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