[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5352 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5352

 To amend the Water Infrastructure Improvements for the Nation Act and 
the Water Desalination Act of 1996 to reauthorize certain desalination 
                   programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

Mr. Padilla (for himself and Mr. Cornyn) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Water Infrastructure Improvements for the Nation Act and 
the Water Desalination Act of 1996 to reauthorize certain desalination 
                   programs, 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 Reauthorization Act''.

SEC. 2. DESALINATION PROGRAM REAUTHORIZATION.

    (a) Duration.--Section 4013 of the Water Infrastructure 
Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-
322) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``its enactment'' and inserting ``enactment of this Act'';
            (2) in paragraph (1), by striking ``the date of its 
        enactment; and'' and inserting ``that date of enactment;''; and
            (3) in paragraph (2), by striking ``in sections 4007, 
        4009(a), and 4009(c).'' and inserting the following: ``under 
        section 4007 or the amendment made by section 4009(c); and
            ``(3) projects carried out under paragraph (2) of section 
        4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
        note; Public Law 104-298) (as amended by section 4009(a)), 
        which shall expire on the date that is 15 years after that date 
        of enactment.''.
    (b) Desalination Demonstration and Development.--Section 4(a)(2) of 
the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 
104-298) is amended by striking subparagraphs (A) and (B) and inserting 
the following:
                    ``(A) Definition of eligible desalination 
                project.--In this paragraph, the term `eligible 
                desalination project' means a project--
                            ``(i)(I) that is located in a Reclamation 
                        State; or
                            ``(II) the construction, operation, 
                        sponsorship, or funding of which is the 
                        responsibility of, and the primary water supply 
                        benefit of which accrues to, 1 or more entities 
                        in a Reclamation State;
                            ``(ii) that 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 
                                combination of a State, department of a 
                                State, political subdivision of a 
                                State, or public agency organized 
                                pursuant to State law, including 
                                through direct sponsorship or funding 
                                of not less than 25 percent of the 
                                planning, design, and construction 
                                costs of the project, including through 
                                in-kind contributions; and
                            ``(iii) that provides a Federal benefit in 
                        accordance with the reclamation laws (including 
                        regulations).
                    ``(B) Participation by secretary.--
                            ``(i) In general.--Subject to the 
                        requirements of this subsection, the Secretary 
                        may participate in an eligible desalination 
                        project in an amount equal to not more than 25 
                        percent of the total cost of the eligible 
                        desalination project.
                            ``(ii) No project cost cap.--The Secretary 
                        shall not impose any dollar limitation on 
                        participation in an eligible desalination 
                        project under this subparagraph.''.
    (c) Desalination Research Program.--Section 3 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by adding at the end the following:
    ``(f) Advanced Pilot Technology Grants.--
            ``(1) In general.--In order to validate the effective 
        performance of innovations in desalination technologies, 
        including the technologies described in this section, the 
        Secretary shall provide grants on a competitive basis for the 
        development and operation of advanced pilot desalination 
        technologies and first-of-a-kind systems in realistic operating 
        environments for purposes of establishing technical feasibility 
        and validating the technical performance and levelized cost of 
        processes for--
                    ``(A) converting saline water, brackish water, 
                seawater, or wastewater into usable water; and
                    ``(B) cost-effectively treating, managing, or 
                disposing of brine discharges.
            ``(2) Technoeconomic analyses.--In administering grants 
        under this subsection, the Secretary shall ensure that all 
        advanced pilot system studies include rigorous and quantitative 
        technoeconomic analyses in order to estimate the levelized cost 
        of water produced by those systems at full scale.
            ``(3) Engagement of others; prioritization.--Subsections 
        (c) and (e) shall apply to grants provided under this 
        subsection.''.
    (d) Cost Sharing.--Section 7 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended, in the first 
sentence, by striking ``study, or'' and inserting ``study, advanced 
pilot, or''.
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