To establish a Department of Energy National Laboratories water technology research and development program, and for other purposes.

July 14, 2004

Mr. DOMENICI (for himself, Mrs. Feinstein, Mr. Craig, Mr. Bingaman, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To establish a Department of Energy National Laboratories water technology research and development program, 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 `Department of Energy National Laboratories Water Technology Research and Development Act'.

SEC. 2. PURPOSE.

The purpose of this Act is to establish within the Department of Energy a program for research on and the development of economically viable technologies that would--

(1) substantially improve access to existing water resources;

(2) promote improved access to untapped water resources;

(3) facilitate the widespread commercialization of newly developed water supply technologies for use in real-world applications;

(4) provide objective analyses of, and propose changes to, current water supply laws and policies relating to the implementation and acceptance of new water supply technologies developed under the program; and

(5) facilitate collaboration among Federal agencies in the conduct of research under this Act and otherwise provide for the integration of research on, and disclosure of information relating to, water supply technologies.

SEC. 3. DEFINITIONS.

In this Act:

(1) ADVISORY PANEL- The term `Advisory Panel' means the National Water Supply Technology Advisory Panel established under section 5(a).

(2) INSTITUTE- The term `Institute' means the National Water Supply Law and Policy Institute designated by section 8(a).

(3) PROGRAM- The term `program' means the National Laboratories water technology research and development program established under section 4(a).

(4) PROGRAM COORDINATOR- The term `Program Coordinator' means the individual appointed to administer the program under section 4(c).

(5) REGIONAL CENTER- The term `Regional Center' means a Regional Center designated under subsection (b) or (e) of section 6.

(6) SECRETARY- The term `Secretary' means the Secretary of Energy.

(7) WATER SUPPLY TECHNOLOGY- The term `water supply technology' means a technology that is designed to improve water quality, make more efficient use of existing water resources, or develop potential water resources, including technologies for--

(A) reducing water consumption in the production or generation of energy;

(B) desalination and related concentrate disposal;

(C) water reuse;

(D) contaminant removal, such as toxics identified by the Environmental Portection Agency and new and emerging contaminants (including perchlorate and nitrates);

(E) agriculture, industrial, and municipal efficiency; and

(F) water monitoring and systems analysis.

SEC. 4. NATIONAL LABORATORIES WATER TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.

(a) ESTABLISHMENT- The Secretary shall establish a National Laboratories water technology research and development program for research on, and the development and commercialization of, water supply technologies.

(b) PROGRAM LEAD LABORATORY- The program shall be carried out by the National Laboratories, with Sandia National Laboratory designated as the lead laboratory for the program.

(c) PROGRAM COORDINATOR-

(1) IN GENERAL- The Secretary shall appoint an individual at Sandia National Laboratory as the Program Coordinator to administer the program.

(2) DUTIES- In carrying out the program, the Program Coordinator shall--

(A) establish budgetary and contracting procedures for the program;

(B) perform administrative duties relating to the program;

(C) provide grants under section 7;

(D) conduct peer review of water supply technology proposals and research results;

(E) establish procedures to determine which water supply technologies would most improve water quality, make the most efficient use of existing water resources, and provide optimum development of potential water resources;

(F) coordinate budgets for water supply technology research at Regional Centers;

(G) coordinate research carried out under the program, including research carried out by Regional Centers;

(H) perform annual evaluations of research progress made by grant recipients and Regional Centers;

(I) establish a water supply technology transfer program to identify, and facilitate commercialization of, promising water supply technologies, including construction and implementation of demonstration facilities, partnerships with industry consortia, and collaboration with other Federal programs;

(J) establish procedures and criteria for the Advisory Panel to use in reviewing Regional Center performance;

(K) widely distribute information on the program, including through research conferences; and

(L) implement cross-cutting research to develop sensor and monitoring systems for water and energy efficiency and management.

SEC. 5. NATIONAL WATER SUPPLY TECHNOLOGY ADVISORY PANEL.

(a) ESTABLISHMENT- The Secretary shall establish an advisory panel, to be known as the `National Water Supply Technology Advisory Panel', to advise the Program Coordinator on the direction of the program and facilitating the commercialization of the water supply technologies developed under the program.

(b) MEMBERSHIP- Members of the Advisory Panel shall--

(1) have expertise in water supply technology; and

(2) be representative of educational institutions, industry, States, local government, international

water technology institutions, other Federal agencies, and nongovernmental organizations.

(c) ASSESSMENT RESPONSIBILITIES- In addition to other responsibilities, the Advisory Panel shall--

(1) periodically assess the performance of the National Laboratories and universities designated as Regional Centers under section 6; and

(2) make recommendations to the Secretary for renewing the designation of Regional Centers.

SEC. 6. REGIONAL CENTERS.

(a) IN GENERAL- A Regional Center shall--

(1) consist of 1 National Laboratory designated under subsection (b) or (e), acting in partnership with 1 or more universities selected under subsection (c); and

(2) be eligible for a grant under section 7(a) for the conduct of research on the specific water supply technologies identified under subsection (b) or (e).

(b) INITIAL REGIONAL CENTERS- There are designated as Regional Centers--

(1) the Northeast Regional Center, consisting of the Brookhaven National Laboratory and any university partners selected under subsection (c), which shall conduct research on reducing water quality impacts from power plant outfall and decentralized (soft-path) water treatment;

(2) the Central Atlantic Regional Center, consisting of the National Energy Technology Laboratory and any university partners selected under subsection (c), which shall conduct research on produced water purification and use for power production and water reuse for large cities;

(3) the Southeast Regional Center, consisting of the Oak Ridge National Laboratory and any university partners selected under subsection (c), which shall conduct research on--

(A) shallow aquifer conjunctive water use;

(B) energy reduction for sea water desalination; and

(C) membrane technology development;

(4) the Midwest Regional Center, consisting of the Argonne National Laboratory and any university partners selected under subsection (c), which shall conduct research on--

(A) water efficiency in manufacturing; and

(B) energy reduction in wastewater treatment;

(5) the Central Regional Center, consisting of the Idaho National Engineering and Environmental Laboratory and any university partners selected under subsection (c), which shall conduct research on--

(A) cogeneration of nuclear power and water;

(B) energy systems for pumping irrigation; and

(C) watershed management;

(6) the West Regional Center, consisting of the Pacific Northwest National Laboratory and any university partners selected under subsection (c), which shall conduct research on conjunctive management of hydropower and mining water reuse, including separations processes;

(7) the Southwest Regional Center, consisting of the Los Alamos National Laboratory and any university partners selected under subsection (c), which shall conduct research on--

(A) water for power production in arid environments;

(B) energy reduction and waste disposal for brackish desalination;

(C) high water and energy efficiency in arid agriculture; and

(D) transboundary water management; and

(8) the Pacific Regional Center, consisting of the Lawrence Livermore National Laboratory and any university partners selected under subsection (c), which shall conduct research on--

(A) point of use technology, water treatment, and conveyance energy reduction;

(B) co-located energy production and water treatment; and

(C) water reuse for agriculture.

(c) SELECTION OF UNIVERSITY PARTNERS- Not later than 180 days after the date on which a National Laboratory is designated under subsection (b) or (e), each National Laboratory, in consultation with the Program Coordinator and the Advisory Panel, shall select a primary university partner and may nominate additional university partners.

(d) OPERATIONAL PROCEDURES- Not later than 1 year after the date of enactment of this Act, a Regional Center designated by subsection (b) shall submit to the Program Coordinator operational procedures for the Regional Center.

(e) ADDITIONAL REGIONAL CENTERS- Subject to approval by the Advisory Panel, the Program Coordinator may, not sooner than 5 years after the date of enactment of this Act, designate not more than 4 additional Regional Centers if the Program Coordinator determines that there are additional water supply technologies that need to be researched.

(f) PERIOD OF DESIGNATION-

(1) IN GENERAL- A designation by subsection (b) or under subsection (c) shall be for a period of 5 years.

(2) ASSESSMENT- A Regional Center shall be subject to periodic assessments by the Program Coordinator in accordance with procedures and criteria established under section 4(b)(2)(K)(i).

(3) RENEWAL- After the initial period under paragraph (1), a designation may be renewed for subsequent 5-year periods by the Program Coordinator in accordance with procedures and criteria established under section 4(b)(2)(K)(ii).

(4) TERMINATION OR NONRENEWAL-

(A) IN GENERAL- Based on a periodic assessment conducted under paragraph (2), in accordance with the procedures and criteria established under section 4(b)(2)(K)(iii), and after review by the Advisory Panel, the Program Coordinator may recommend that the Secretary terminate or determine not to renew the designation of a Regional Center.

(B) TERMINATION- Following a recommendation for termination or nonrenewal by the Program Coordinator, the Secretary may terminate or choose not to renew the designation of a Regional Center.

(g) EXECUTIVE DIRECTOR- A Regional Center shall be administered by an executive director, subject to approval by the Program Coordinator.

(h) PUBLICATION OF RESEARCH RESULTS- A Regional Center shall periodically publish the results of any research carried out under the program in appropriate peer-reviewed journals.

SEC. 7. PROGRAM GRANTS.

(a) BLOCK GRANTS TO REGIONAL CENTERS-

(1) IN GENERAL- The Program Coordinator shall, subject to the availability of appropriations, provide a block grant to a Regional Center for the conduct of research in the specific area identified for the Research Center under section 6(b).

(2) DISTRIBUTION- Of the amounts made available to a Regional Center under paragraph (1), 50 percent shall be distributed to the university partners selected under section 6(c), in accordance

with the operational procedures for the Regional Center developed under section 6(d).

(3) COST-SHARING REQUIREMENT- A National Laboratory or university partner that receives a grant provided under this subsection shall not be subject to a cost-sharing requirement.

(b) GRANTS TO COLLABORATIVE INSTITUTIONS-

(1) IN GENERAL- The Program Coordinator shall provide competitive grants to eligible collaborative institutions for water supply technology research, development, and demonstration projects.

(2) ELIGIBLE COLLABORATIVE INSTITUTIONS- The following are eligible for grants under paragraph (1):

(A) Nongovernmental organizations.

(B) National Laboratories.

(C) Private corporations.

(D) Industry consortia.

(E) Universities or university consortia.

(F) International research consortia.

(G) Any other entity with expertise in the conduct of research on water supply technologies.

(3) DISTRIBUTION- Of the amounts made available for grants under paragraph (1)--

(A) not less than 15 percent or more than 25 percent shall be provided as block grants to nongovernmental organizations, which may be redistributed by the nongovernmental organization to individual projects;

(B) not less than 20 percent or more than 30 percent shall be provided to National Laboratories;

(C) not less than 15 percent or more than 25 percent shall be provided to support individual projects that are recommended by at least 1 other Federal Agency; and

(D) any amounts remaining after the distributions under subparagraphs (A) through (C) may be provided to support individual projects, as the Program Coordinator determines to be appropriate.

(4) COST-SHARING REQUIREMENTS-

(A) GRANTS TO NONGOVERNMENTAL ORGANIZATIONS AND INDIVIDUAL PROJECTS- The non-Federal share of the total cost of any project assisted under subparagraphs (A) or (C) of paragraph (3) shall be 50 percent.

(B) GRANTS TO NATIONAL LABORATORIES- A National Laboratory that receives a grant under paragraph (3)(B) shall not be subject to a cost-sharing requirement.

(C) GRANTS TO OTHER ENTITIES- The non-Federal share of the total cost of any project assisted under paragraph (3)(D) shall be 25 percent.

(5) TERM OF GRANT-

(A) IN GENERAL- Except as provided in subparagraph (B), a grant provided under paragraph (1) shall be for a term of 2 years.

(B) RENEWAL- The Program Coordinator may renew a grant for up to 2 additional years as the Program Coordinator determines to be appropriate.

(6) TREATMENT OF FUNDS- Amounts received under a grant provided to a non-Federal entity under this subsection shall be considered to be non-Federal funds when used as matching funds by the non-Federal entity toward a Federal cost-shared project conducted under another program.

(7) CRITERIA- The Program Coordinator shall establish criteria for the submission and review of grant applications and the provision of grants under paragraph (1).

SEC. 8. NATIONAL WATER SUPPLY LAW AND POLICY INSTITUTE.

(a) DESIGNATION- The Utton Center at the University of New Mexico Law School is designated as the National Water Supply Law and Policy Institute.

(b) DUTIES- The Institute shall--

(1) establish a database of existing water laws, regulations, and policy;

(2) provide legal, regulatory, and policy alternatives to increase national and international water supplies;

(3) consult with the Regional Centers, other participants in the program (including States), and other interested persons, on water law and policy and the effect of that policy on the development and commercialization of water supply technologies; and

(4) conduct an annual water law and policy seminar to provide information on research carried out or funded by the Institute.

(c) PARTNERSHIPS- The Institute may enter into partnerships with other institutions to assist in carrying out the duties of the Institute under subsection (b).

(d) EXECUTIVE DIRECTOR- The Institute shall be administered by an executive director, to be appointed by the dean of the University of New Mexico Law School, in consultation with the Program Coordinator.

SEC. 9. REPORTS.

(a) REPORTS TO PROGRAM COORDINATOR- Any Regional Center, National Laboratory, or collaborative institution that receives a grant under section 7 shall submit to the Program Coordinator an annual report on activities carried out using amounts made available under this Act during the preceding fiscal year.

(b) REPORT TO CONGRESS- Not later than 3 years after the date of enactment of this Act and each year thereafter, the Program Coordinator shall submit to the Secretary and Congress a report that describes the activities carried out under this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated to the Secretary for fiscal year 2005 and each subsequent fiscal year--

(1) for the administration of the program by the Program Coordinator and the construction of any necessary program facilities, $25,000,000; and

(2) for research and development carried out under the program, $200,000,000.

(b) ALLOCATION- Of amounts made available under subsection (a)(2) for a fiscal year--

(1) at least 15 percent shall be made available for the water supply technology transfer program established under section 4(b)(2)(I);

(2) the lesser of $10,000,000 or 5 percent shall be made available for grants under section 7(a);

(3) at least 30 percent shall be made available for grants to collaborative institutions under section 7(b); and

(4) the lesser of $10,000,000 or 5 percent shall be made available for the Institute.

END