To promote the research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies, to identify the potential environmental impacts of these technologies and ways to address these impacts, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine and Hydrokinetic Renewable 
Energy Promotion Act of 2010''.

SEC. 2. DEFINITIONS.

    (a) In General.--For the purposes of this Act--
            (1) the term ``marine and hydrokinetic renewable energy'' 
        has the meaning given that term in section 632 of the Energy 
        Independence and Security Act of 2007 (42 U.S.C. 17211); and
            (2) the term ``Secretary'' means the Secretary of Energy.
    (b) Amendment.--Section 632 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17211) is amended to read as follows:

``SEC. 632. DEFINITION.

    ``For the purposes of this subtitle the term `marine and 
hydrokinetic renewable energy' means energy from--
            ``(1) waves, tides, and currents in oceans, estuaries, and 
        tidal areas;
            ``(2) free flowing water in rivers, lakes, man-made water 
        systems, and streams;
            ``(3) salinity gradients; and
            ``(4) water temperature gradients, including ocean thermal 
        energy conversion.
The term `marine and hydrokinetic renewable energy' does not include 
energy from any source that uses a dam, diversionary structure, or 
impoundment for electric power purposes.''.

SEC. 3. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL 
              APPLICATION PROGRAM.

    Section 633(a) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17212(a)) is amended to read as follows:
    ``(a) Establishment of Program.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Commerce, acting through the Administrator of the 
        National Oceanic and Atmospheric Administration, shall 
        establish a program of marine and hydrokinetic renewable energy 
        technology research, development, demonstration, and commercial 
        application, which shall include activities to address the 
        following:
                    ``(A) Testing technologies, devices, and systems at 
                a variety of scales to facilitate their commercial 
                application.
                    ``(B) Identifying, assessing, and finding ways to 
                avoid and minimize environmental impacts potentially 
                arising from marine and hydrokinetic renewable energy 
                technologies.
                    ``(C) Establishing and expanding test centers and 
                facilities.
                    ``(D) Reducing the manufacturing, installation, 
                operation, and maintenance costs of technologies.
                    ``(E) Increasing performance, reliability, and 
                survivability of technologies, devices, systems, and 
                facilities.
                    ``(F) Integrating technologies into the national 
                electric grid.
                    ``(G) Identifying, developing, demonstrating, and 
                transferring to the private sector advanced systems 
                engineering and system integration methods to identify 
                critical interfaces.
                    ``(H) Developing numerical and physical tools, 
                including models and monitoring technologies, to assist 
                industry in device and system design and operation.
                    ``(I) Determining the potential availability, 
                extractability, and cost-effectiveness of marine and 
                hydrokinetic renewable energy generation in the United 
                States.
                    ``(J) Supporting material sciences, including the 
                development of corrosive-resistant materials.
                    ``(K) Designing and developing evaluation and 
                performance standards domestically and with 
                international partners.
                    ``(L) Applying model predictions of relevant 
                oceanic and atmospheric variables on time scales 
                necessary for development and operation of marine and 
                hydrokinetic renewable energy technologies, including 
                for integration onto the electricity grid.
                    ``(M) Identifying opportunities to transfer 
                knowledge from existing marine and other industries to 
                technology developers.
                    ``(N) Identifying opportunities and benefits from 
                colocated development of multiple renewable energy 
                technologies or other activities.
                    ``(O) Identifying the potential impacts on 
                navigation of marine and hydrokinetic renewable energy 
                technologies, and identifying measures to avoid and 
                minimize adverse impacts on these uses.
                    ``(P) Improving interagency collaboration to 
                address challenges associated with the development of 
                marine and hydrokinetic renewable energy technologies.
                    ``(Q) Any other area of marine and hydrokinetic 
                renewable energy technology development that the 
                Secretary considers appropriate.
            ``(2) Separation.--The program established under paragraph 
        (1) shall be separate from the Wind and Hydropower Program at 
        the Department of Energy.''.

SEC. 4. ENERGY GENERATION TECHNOLOGY DEMONSTRATION GRANTS.

    (a) In General.--In carrying out section 633 of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary 
shall establish a competitive marine and hydrokinetic renewable energy 
technology demonstration grant program to--
            (1) verify the performance, reliability, maintainability, 
        environmental impact, and cost of technology components, 
        devices, and system designs in an operating environment; and
            (2) facilitate the commercial application of technology 
        components, devices, and systems at a variety of scales.
    (b) Activities.--Activities that may be funded under this section 
include the following:
            (1) Providing stakeholders and industry with an opportunity 
        to test and evaluate, including by connecting to the national 
        electrical grid, marine and hydrokinetic renewable energy 
        technologies at a variety of scales, including full-scale 
        prototypes.
            (2) Documenting and communicating technical, environmental 
        and, economic information from projects for the benefit of 
        utilities, independent power producers, other nonutility 
        generators, device suppliers, and other stakeholders.
            (3) Obtaining operating, maintenance, and cost data 
        sufficiently rigorous to evaluate demonstrated technologies, 
        components, devices, and systems.
            (4) Providing information to the public on potential 
        positive and negative environmental impacts, effective 
        monitoring techniques, and engineering design improvements to 
        reduce environmental impacts throughout demonstration projects.
            (5) Conducting research, development, and monitoring 
        activities necessary to support the demonstration project.

SEC. 5. ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

    In carrying out section 633 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17212), the Secretary shall establish a 
competitive research, development, and demonstration grant program to 
identify, assess, and find ways to avoid and minimize environmental 
impacts potentially arising from marine and hydrokinetic renewable 
energy technologies, devices, and systems. The program shall--
            (1) measure such potential impacts;
            (2) evaluate any environmental risks associated with marine 
        and hydrokinetic renewable energy technologies, devices, and 
        systems;
            (3) research and evaluate the effectiveness of strategies, 
        including adaptive management, to avoid, minimize, or eliminate 
        such potential impacts;
            (4) develop and demonstrate monitoring and other 
        technologies needed to identify such potential impacts;
            (5) support baseline environmental research, including 
        ecological characterization of marine ecosystems, for specific 
        demonstration projects;
            (6) facilitate public-private cooperation, including 
        identification and assessment of relevant existing private 
        sector technologies; and
            (7) communicate and disseminate to the public information 
        generated from a grant awarded under this section to aid in 
        efficient and environmentally responsible technology 
        development, except to the extent that the information is 
        protected from disclosure under applicable law.

SEC. 6. TEST FACILITIES.

    (a) In General.--In carrying out section 633(a)(1)(C) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17212(a)(1)(C)), not 
later than 180 days after the date of enactment of this Act, the 
Secretary shall award competitive grants to support 3 or more 
geographically dispersed marine and hydrokinetic renewable energy 
technology research, development, and demonstration test facilities for 
the demonstration of multiple technologies in actual operating 
environments. These grants may support modification of an existing 
facility, including a Center established under section 634 of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17213), or 
construction of a new test facility.
    (b) Program Objectives.--In awarding grants under this section, the 
Secretary shall provide for--
            (1) the demonstration of a variety of technologies at each 
        test facility;
            (2) the demonstration of a variety of technologies among 
        all of the test facilities established; and
            (3) the demonstration of technologies at a variety of 
        scales.
    (c) Activities.--Each test facility established under this section 
shall--
            (1) provide infrastructure and resources for the evaluation 
        and technical viability testing of marine and hydrokinetic 
        renewable energy technologies; and
            (2) conduct and support research, development, and 
        demonstration activities with respect to marine and 
        hydrokinetic renewable energy technologies, including in 
        support of the program and activities described in sections 4 
        and 5.
    (d) Applicants.--An applicant for a grant under this section shall 
be a nonprofit institution, State or local government, institution of 
higher education, National Laboratory, or Center established under 
section 634 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17213), which can demonstrate to the satisfaction of the 
Secretary the ability and intention to--
            (1) combine expertise from relevant academic fields, 
        including those related to the environment, marine sciences, 
        energy, and electrical, mechanical, and civil engineering; and
            (2) partner with other entities that have expertise in 
        advancing marine and hydrokinetic renewable energy 
        technologies.
    (e) Maximum Amount.--The Secretary shall provide no more than a 
total of $50,000,000 in Federal assistance, under this or any other 
Act, for each test facility.
    (f) Amendments.--Section 634 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17213) is amended--
            (1) in subsection (a), by striking ``marine renewable 
        energy technologies'' and inserting ``marine and hydrokinetic 
        renewable energy technologies''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Purposes.--The Centers shall advance research, development, 
demonstration, and commercial application of marine and hydrokinetic 
renewable energy technologies and--
            ``(1) shall serve as information clearinghouses for the 
        marine and hydrokinetic renewable energy industry, collecting 
        and disseminating information on best practices in all areas 
        related to developing and managing marine and hydrokinetic 
        renewable energy technologies; and
            ``(2) may serve as technology test facilities established 
        under section 6 of the Marine and Hydrokinetic Renewable Energy 
        Promotion Act of 2010.''.

SEC. 7. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

    (a) Coordination and Nonduplication.--In carrying out this Act the 
Secretary shall coordinate and avoid duplication of activities across 
programs of the Department of Energy and with other relevant Federal 
agencies, including with those of the National Laboratories.
    (b) Collaboration.--In carrying out this Act the Secretary shall 
collaborate with industry, stakeholders, the National Laboratories, 
other relevant Federal agencies, relevant academic institutions, and 
international bodies with relevant scientific expertise.
    (c) Public Availability.--The Secretary shall obtain from the 
recipient of assistance under this Act and make available to the 
public, through Department websites, reports, and databases, any 
research, development, demonstration, and commercial application 
information generated with respect to the technology supported under 
this Act, including information discovered after the completion of 
activities supported under this Act, except to the extent that the 
information is protected from disclosure under section 552(b) of title 
5, United States Code.
    (d) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, and at least once every 2 years thereafter, the 
Secretary shall transmit to the Congress a report on the findings and 
activities under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act--
            (1) $200,000,000 for fiscal year 2011, to remain available 
        until expended, of which--
                    (A) $40,000,000 shall be for carrying out section 
                4;
                    (B) $40,000,000 shall be for carrying out section 
                5; and
                    (C) $100,000,000 shall be for carrying out section 
                6; and
            (2) $150,000,000 for each of fiscal years 2012 through 
        2015, to remain available until expended, of which--
                    (A) $70,000,000 shall be for carrying out section 
                4; and
                    (B) $60,000,000 shall be for carrying out section 
                5.

Summary: Marine and Hydrokinetic Renewable Energy Promotion Act of 2010 - Amends the Energy Independence and Security Act of 2007 to revise the program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application, including by requiring the program to include specified activities, including: (1) determining the potential availability, extractability, and cost-effectiveness of marine and hydrokinetic renewable energy generation in the United States. (2) designing and developing evaluation and performance standards domestically and with international partners. And (3) improving interagency collaboration to address challenges associated with the development of such technologies. Requires such program to be separate from the Department of Energy's (DOE) Wind and Hydropower Program. Requires the Secretary of Energy to establish a competitive marine and hydrokinetic renewable energy technology demonstration grant program to: (1) verify the performance, reliability, maintainability, environmental impact, and cost of technology components, devices, and system designs in an operating environment. And (2) facilitate the commercial application of technology components, devices, and systems at a variety of scales. Requires the Secretary to establish a competitive research, development, and demonstration grant program to identify and assess ways to avoid and minimize environmental impacts potentially arising from marine and hydrokinetic renewable energy technologies, devices, and systems. Requires the Secretary to award competitive grants to support modifying or constructing three or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. Authorizes National Marine Renewable Energy Research, Development, and Demonstration Centers to serve as technology test facilities.