II 

116TH CONGRESS 

2D SESSION S. 4228 

To provide for the demonstration and deployment of water-energy 

technologies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2020 

Ms. MCSALLY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for the demonstration and deployment of waterenergy technologies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water-Energy Tech5 nology Demonstration and Deployment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CENTER.—The term ‘‘Center’’ means the 

9 Western Water Resilience Center established under 

10 section 4(a). 


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1 (2) ELIGIBLE DESALINATION PROJECT.—The 

2 term ‘‘eligible desalination project’’ means a desali3 nation or salinity reduction facility or project— 

4 (A) to which the Bureau of Reclamation 

5 holds title; 

6 (B) that is operated by the Bureau of Rec7 lamation; or 

8 (C) with respect to which the Bureau of 

9 Reclamation is providing financial assistance. 

10 (3) ELIGIBLE ENERGY EFFICIENCY PROJECT.— 

11 The term ‘‘eligible energy efficiency project’’ means 

12 the design, study, construction, expansion, upgrade, 

13 or capital repair of a water delivery system to reduce 

14 energy consumption associated with water delivery. 

15 (4) ELIGIBLE REUSE PROJECT.—The term ‘‘eli16 gible reuse project’’ means a non-Federal water 

17 reuse and recycling facility or project that contrib18 utes water to a region served by 1 or more projects 

19 of the Bureau of Reclamation. 

20 (5) NATIONAL LABORATORY.—The term ‘‘Na21 tional Laboratory’’ has the meaning given the term 

22 in section 2 of the Energy Policy Act of 2005 (42 

23 U.S.C. 15801). 

24 (6) PROGRAM.—The term ‘‘program’’ means 

25 the pilot program established under section 3(a)(1). 


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1 (7) RECLAMATION STATE.—The term ‘‘Rec2 lamation State’’ has the meaning given the term in 

3 section 4014 of the Water Infrastructure Improve4 ments for the Nation Act (43 U.S.C. 390b note; 

5 Public Law 114–322). 

6 (8) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (9) SELECTED PROJECT.—The term ‘‘selected 

9 project’’ means an eligible desalination project, eligi10 ble reuse project, or eligible energy efficiency project 

11 selected for the program under section 3(b). 

12 SEC. 3. WATER-ENERGY TECHNOLOGY DEPLOYMENT PILOT 

13 PROGRAM. 

14 (a) ESTABLISHMENT.— 

15 (1) IN GENERAL.—To advance Federal energy16 water nexus research, technology development, pol17 icy, and other goals by combining the resources of 

18 the Department of the Interior and Department of 

19 Energy, the Secretary, in consultation with the Sec20 retary of Energy, shall establish within the Bureau 

21 of Reclamation a pilot program that provides for the 

22 participation of the Secretary of Energy in selected 

23 projects, in accordance with paragraph (2). 


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1 (2) PARTICIPATION OF SECRETARY OF ENERGY

2 IN SELECTED PROJECTS.—The Secretary of Energy 

3 shall participate in a selected project by— 

4 (A) identifying research and programs at 

5 the Department of Energy (including the Na6 tional Laboratories) applicable to the selected 

7 project; 

8 (B) contributing funds to carry out the se9 lected project; or 

10 (C) carrying out modeling, planning, de11 signing, or construction activities with respect 

12 to the selected project. 

13 (3) AGREEMENT.—The Secretary and the Sec14 retary of Energy shall enter into an agreement de15 scribing the responsibilities of the Secretary and the 

16 Secretary of Energy, respectively, with respect to, 

17 and the sources of funding for, each selected project. 

18 (4) REQUIRED CONSULTATION.—The Secretary 

19 shall consult with the Secretary of Energy with re20 spect to any activities carried out by the Secretary 

21 of Energy under the program. 

22 (b) SELECTION OF PROJECTS FOR PROGRAM.— 

23 (1) ELIGIBLE DESALINATION PROJECTS.— 

24 (A) IN GENERAL.—The Secretary shall se25 lect not fewer than 2, but not more than 5, eliVerDate Sep 11 2014 01:19 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4228.IS S4228

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1 gible desalination projects for the program that 

2 the Secretary determines would— 

3 (i) benefit from the participation of 

4 the Secretary of Energy; and 

5 (ii) advance the objectives of existing 

6 research and development, technology com7 mercialization, or grant programs being 

8 carried out by the Secretary of Energy (in9 cluding at the National Laboratories) by— 

10 (I) lowering energy costs; 

11 (II) increasing the amount or ef12 ficiency of salt removal; 

13 (III) reducing salt discharge into 

14 waterways; 

15 (IV) improving water supply reli16 ability; or 

17 (V) demonstrating a new tech18 nology or process. 

19 (B) INCLUSIONS.—Of the eligible desalina20 tion projects selected under subparagraph 

21 (A)— 

22 (i) not less than 1 shall be an eligible 

23 desalination project conducted in the upper 

24 Colorado River Basin that— 


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1 (I) is authorized under the Colo2 rado River Basin Salinity Control Act 

3 (43 U.S.C. 1571 et seq.); and 

4 (II) uses zero liquid discharge 

5 technology to remove naturally occur6 ring salinity from entering a Colorado 

7 River Tributary; and 

8 (ii) not less than 1 shall be an eligible 

9 desalination project conducted in the lower 

10 Colorado River Basin that— 

11 (I)(aa) is authorized under the 

12 Colorado River Basin Salinity Control 

13 Act (43 U.S.C. 1571 et seq.); and 

14 (bb) processes water to remove 

15 salt and returns the water to the 

16 main-stem of the Colorado River; or 

17 (II) would provide similar 

18 amounts of water to support Colorado 

19 River drought contingency operations, 

20 consistent with the Colorado River 

21 Drought Contingency Plan Authoriza22 tion Act (Public Law 116–14; 133 

23 Stat. 850), by improving efficiency in 

24 deliveries of Colorado River water, 

25 consistent with the treaty obligation 


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1 of the United States to Mexico under 

2 the Agreement approving Minute 242 

3 of the International Boundary and 

4 Water Commission setting forth a 

5 permanent and definitive solution to 

6 the international problem of the salin7 ity of the Colorado River, entered into 

8 force August 30, 1973 (24 UST 

9 1968; TIAS 7708). 

10 (2) ELIGIBLE ENERGY EFFICIENCY

11 PROJECTS.—The Secretary shall select not more 

12 than 5 eligible energy efficiency projects for the pro13 gram that the Secretary determines would— 

14 (A) benefit from the participation of the 

15 Secretary of Energy; and 

16 (B) advance the objectives of existing re17 search and development, technology commer18 cialization, or grant programs being carried out 

19 by the Secretary of Energy (including at the 

20 National Laboratories) by— 

21 (i) improving the efficiency of existing 

22 surface or groundwater pumps; 

23 (ii) developing or improving a surface 

24 water conveyance that reduces surface or 

25 groundwater pumping; 


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1 (iii) reducing energy use needed for 

2 water treatment; 

3 (iv) demonstrating a new technology 

4 or process; or 

5 (v) incorporating energy generation 

6 into water conveyance systems. 

7 (3) ELIGIBLE REUSE PROJECTS.—The Sec8 retary shall select not more than 5 eligible reuse 

9 projects for the program that the Secretary deter10 mines would— 

11 (A) benefit from the participation of the 

12 Secretary of Energy; and 

13 (B) advance the objectives of existing re14 search and development, technology commer15 cialization, or grant programs being carried out 

16 by the Secretary of Energy (including at the 

17 National Laboratories) by— 

18 (i) lowering energy costs; 

19 (ii) improving water supply reliability; 

20 or 

21 (iii) demonstrating— 

22 (I) a new technology or process; 

23 or 

24 (II) a combination of new and ex25 isting technologies or processes. 


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1 (4) SUBMISSION OF LIST OF SELECTED

2 PROJECTS.—As soon as practicable after the date of 

3 completion of the selection process under paragraphs 

4 (1) through (3), the Secretary shall submit a list of 

5 the selected projects to— 

6 (A) the Secretary of Energy; 

7 (B) the Committee on Natural Resources 

8 of the House of Representatives; 

9 (C) the Committee on Energy and Com10 merce of the House of Representatives; and 

11 (D) the Committee on Energy and Natural 

12 Resources of the Senate. 

13 (c) FUNDING.— 

14 (1) USE OF EXISTING FUNDS.—Out of any 

15 amounts made available to the Secretary and the 

16 Secretary of Energy that are not otherwise obli17 gated, the Secretary and the Secretary of Energy, 

18 respectively, shall use such sums as are necessary to 

19 carry out this section. 

20 (2) TREATMENT OF FUNDS CONTRIBUTED BY

21 THE SECRETARY OF ENERGY.—Amounts contributed 

22 by the Secretary of Energy to a selected project 

23 under paragraph (1) shall be nonreimbursable. 

24 (3) TREATMENT OF FUNDS CONTRIBUTED BY

25 SECRETARY.—Amounts contributed by the Secretary 


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1 to a selected project under paragraph (1) shall be 

2 reimbursed in accordance with any applicable con3 tract or agreement. 

4 (d) EFFECT.—Nothing in this section— 

5 (1) creates, impairs, alters, or supersedes a 

6 Federal or State water right or interstate compact; 

7 or 

8 (2) affects or modifies any authorized purpose 

9 of a selected project. 

10 SEC. 4. WESTERN WATER RESILIENCE CENTER. 

11 (a) ESTABLISHMENT.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary and the 

13 Secretary of Energy shall enter into a partnership with 

14 1 or more institutions of higher education to establish a 

15 center to conduct research on the development, commer16 cialization, and deployment of innovations in water and 

17 energy technologies, to be known as the ‘‘Western Water 

18 Resilience Center’’. 

19 (b) AUTHORIZED ACTIVITIES.—The Center shall con20 duct research on— 

21 (1) data collection, modeling, and advanced 

22 data analytics of precipitation, runoff, and water re23 sources at the regional level; 


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1 (2) the development of technology and systems 

2 that improve management and assist in the develop3 ment of water infrastructure; 

4 (3) addressing— 

5 (A) Tribal water supply and quality; and 

6 (B) any other factors that affect the reli7 able access of Indian Tribes to water resources; 

8 and 

9 (4) the establishment of a, or a partnership 

10 with an existing, water technology accelerator that— 

11 (A) would bring water innovations to mar12 ket by addressing multiple phases of technology 

13 development, including validation, development, 

14 startup, and scaling; and 

15 (B) has an emphasis on binational collabo16 ration between the United States and Middle 

17 Eastern countries, such as Israel. 

18 (c) PRIORITY.—In entering into a partnership under 

19 subsection (a), the Secretary and the Secretary of Energy 

20 shall give priority to a partnership with an institution of 

21 higher education that— 

22 (1) has experience conducting research on water 

23 scarcity issues; 

24 (2) is located in a Reclamation State; 


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1 (3) has an established background of coordi2 nating with Indian Tribes on water issues; and 

3 (4) is located in a State that has an established 

4 presence in Israel for the promotion of trade. 

Æ 


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