[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2731 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 2731

    To require assessments of opportunities to install and maintain 
 floating photovoltaic solar panels at Bureau of Reclamation and Corps 
             of Engineers projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2023

Mr. Tonko (for himself and Mr. Huffman) introduced the following bill; 
       which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Natural Resources, 
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 require assessments of opportunities to install and maintain 
 floating photovoltaic solar panels at Bureau of Reclamation and Corps 
             of Engineers projects, 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 ``Protect Our Waters and Expand 
Renewables on Our Reservoirs Act'' or the ``POWER Our Reservoirs Act''.

SEC. 2. FLOATING SOLAR ENERGY AT RECLAMATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (2) Reclamation project.--The term ``Reclamation project'' 
        means--
                    (A) any reclamation or irrigation project, 
                including incidental features of the project--
                            (i) that is authorized by the reclamation 
                        laws;
                            (ii) that is constructed by the United 
                        States pursuant to the reclamation laws; or
                            (iii) in connection with which there is a 
                        repayment or water service contract executed by 
                        the United States pursuant to the reclamation 
                        laws; or
                    (B) any project constructed by the Secretary of the 
                Interior for the reclamation of land.
    (b) Assessment.--
            (1) In general.--The Commissioner, in consultation with the 
        Secretary of Energy and the relevant National Laboratories of 
        the Department of Energy, shall conduct an assessment of 
        opportunities to install and maintain floating photovoltaic 
        solar panels at Reclamation projects.
            (2) Requirements.--In conducting the assessment under 
        paragraph (1), the Commissioner shall--
                    (A) determine the economic, environmental, and 
                technical feasibility of installing and maintaining, or 
                contracting with third parties to install and maintain, 
                photovoltaic solar panels at Reclamation projects;
                    (B)(i) identify Reclamation projects with a high 
                potential for the installation and maintenance of 
                floating photovoltaic solar panels, including which 
                Reclamation projects are likely to have high 
                cobenefits; and
                    (ii) determine whether the installation and 
                maintenance at Reclamation projects identified under 
                clause (i) would require additional authorization;
                    (C) account for potential effects and benefits on 
                Reclamation projects and the authorized purposes of the 
                Reclamation projects of installing and maintaining 
                floating photovoltaic solar panels at the Reclamation 
                projects, including--
                            (i) evaporation suppression;
                            (ii) energy yield;
                            (iii) dam safety;
                            (iv) recreation;
                            (v) water quality; and
                            (vi) fish and wildlife;
                    (D) account for potential damage to floating 
                photovoltaic solar panels from--
                            (i) weather;
                            (ii) water-level fluctuations; and
                            (iii) recreational and other uses of the 
                        Reclamation projects;
                    (E)(i) identify methods to monetarily quantify 
                cobenefits of floating photovoltaic solar panel 
                projects; and
                    (ii) identify mechanisms to pass those benefits to 
                project developers, and assess whether the use of such 
                mechanisms may increase the viability of floating 
                photovoltaic solar panel projects; and
                    (F) account for the availability of electric grid 
                infrastructure close to Reclamation projects, including 
                underutilized transmission infrastructure.
            (3) Report to congress.--Not later than 18 months after the 
        date of enactment of this Act, the Commissioner shall submit to 
        Congress and make publicly available (including on a publicly 
        available website) a report describing the results of the 
        assessment conducted under paragraph (1).
    (c) Pilot Program.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, if the Commissioner determines, based on 
        the results of the assessment conducted under subsection (b), 
        that establishing a pilot program is advisable, the 
        Commissioner shall establish a pilot program under which the 
        Commissioner, or an applicable non-Federal entity that is 
        acting in partnership with the Commissioner, subject to 
        paragraph (2), shall carry out projects to deploy floating 
        photovoltaic solar panels at Reclamation projects identified 
        under subsection (b)(2)(B).
            (2) Requirements.--To be eligible to carry out a project 
        under paragraph (1), a non-Federal entity shall--
                    (A) agree to invest in and deploy floating 
                photovoltaic solar panels at the applicable Reclamation 
                project; and
                    (B) have the authority to enter into agreements, 
                including through public-private partnerships, for the 
                purpose of carrying out the applicable project under 
                that paragraph.
            (3) Federal share.--The Federal share of the cost of 
        carrying out a project under paragraph (1)--
                    (A) shall not exceed 100 percent, in the case of a 
                project carried out by the Commissioner; and
                    (B) shall not exceed 50 percent, in the case of a 
                project carried out by a non-Federal entity, acting in 
                partnership with the Commissioner.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commissioner to carry out this section $12,000,000 
for fiscal year 2024, to remain available until expended.
    (e) No Effect on Project Purposes.--Nothing in this section affects 
the authorized purposes of a Reclamation project.

SEC. 3. FLOATING SOLAR ENERGY AT CORPS OF ENGINEERS PROJECTS.

    (a) Definitions.--In this section:
            (1) Corps of engineers project.--The term ``Corps of 
        Engineers project'' means any water resources development 
        project--
                    (A) constructed by the Secretary; or
                    (B) for which the Secretary has financial or 
                operational responsibility.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
    (b) Sustainability Reports.--Beginning not later than 2 years after 
the date of enactment of this Act, the Secretary shall include 
renewable energy from floating photovoltaic solar panels as part of any 
sustainability report and implementation plan of the Corps of 
Engineers.
    (c) Pilot Program.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, if supported by the results of the 
        assessment conducted under subsection (a) of section 8232 of 
        the Water Resources Development Act of 2022 (Public Law 117-
        263), the Secretary shall establish a pilot program for the 
        deployment of floating photovoltaic solar panels at Corps of 
        Engineers projects identified under paragraph (2)(B) of that 
        subsection under which the Secretary or an applicable non-
        Federal interest--
                    (A) agrees to invest in and deploy floating 
                photovoltaic solar panels; and
                    (B) may enter into agreements, including through 
                public-private partnerships, for the purpose of 
                carrying out such activities.
            (2) Cost share.--The Federal share of the cost of a project 
        carried out under this subsection shall be--
                    (A) not more than 100 percent, in the case of a 
                project carried out by the Secretary; and
                    (B) not more than 50 percent, in the case of a 
                project carried out by a non-Federal interest.
    (d) Funding.--
            (1) In general.--The Secretary shall carry out this section 
        using amounts made available to the Secretary to carry out 
        section 8232 of the Water Resources Development Act of 2022 
        (Public Law 117-263) that are not otherwise obligated.
            (2) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is authorized 
        to be appropriated to the Secretary to carry out this section 
        $2,000,000 for fiscal year 2024, to remain available until 
        expended.
    (e) No Effect on Project Purposes.--Nothing in this section affects 
the authorized purposes of a Corps of Engineers project.
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