II 

Calendar No. 316 

109TH CONGRESS 

1ST SESSION S. 1860 

[Report No. 109–198] 

To amend the Energy Policy Act of 2005 to improve energy production 

and reduce energy demand through improved use of reclaimed waters, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Mr. DOMENICI (for himself, Mr. BINGAMAN, Mr. FRIST, Mr. ALEXANDER, 

Mrs. FEINSTEIN, and Mr. SALAZAR) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

DECEMBER 8, 2005 

Reported under authority of the order of the Senate of November 18, 2005, 

by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Energy Policy Act of 2005 to improve energy 

production and reduce energy demand through improved 

use of reclaimed waters, 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, 
2 

•S 1860 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy-Water Effi3 ciency Technology Research, Development, and Transfer 

4 Program Act of 2005’’. 

5 SEC. 2. ENERGY-WATER EFFICIENCY AND SUPPLY TECH6 NOLOGY RESEARCH, DEVELOPMENT, AND 

7 TRANSFER PROGRAM. 

8 The Energy Policy Act of 2005 (Public Law 109– 

9 58; 119 Stat. 594) is amended by inserting after section 

10 111 the following: 

11 ‘‘SEC. 112. ENERGY-WATER EFFICIENCY AND SUPPLY TECH12 NOLOGY RESEARCH, DEVELOPMENT, AND 

13 TRANSFER PROGRAM. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ADVISORY PANEL.—The term ‘Advisory 

16 Panel’ means the Energy-Water Efficiency and Sup17 ply Technology Advisory Panel established under 

18 subsection (f). 

19 ‘‘(2) ENERGY-WATER EFFICIENCY AND SUPPLY

20 TECHNOLOGY.—The term ‘energy-water efficiency 

21 and supply technology’ means— 

22 ‘‘(A) technologies for— 

23 ‘‘(i) reducing the amount of energy re24 quired to provide adequate water supplies; 

25 ‘‘(ii) reducing water consumption in 

26 the production or generation of energy; 
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1 ‘‘(iii) the reclamation of previously un2 usable water; 

3 ‘‘(iv) water reuse; 

4 ‘‘(v) agricultural, industrial, and mu5 nicipal efficiency and conservation; and 

6 ‘‘(vi) water monitoring and systems 

7 analysis; and 

8 ‘‘(B) any other technologies identified by 

9 the Secretary as necessary to carry out the pro10 gram. 

11 ‘‘(3) LEAD LABORATORY.—The term ‘lead lab12 oratory’ means each of the program lead laboratories 

13 designated under subsection (d)(1). 

14 ‘‘(4) PROGRAM.—The term ‘program’ means 

15 the energy-water efficiency and supply technology re16 search, development, and transfer program estab17 lished under subsection (b). 

18 ‘‘(b) ESTABLISHMENT.—In accordance with this sec19 tion, the Secretary shall establish a National Laboratories 

20 energy-water efficiency and supply technology research, 

21 development, and transfer program that provides for the 

22 conduct of research on, and the development, demonstra23 tion, transfer, and commercialization of, economically via24 ble and cost-effective energy-water efficiency and supply 

25 technologies to— 
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1 ‘‘(1) promote the sustainable use of water for 

2 energy production activities, including— 

3 ‘‘(A) developing less water-intensive elec4 tric generation sources; and 

5 ‘‘(B) developing and implementing systems 

6 analyses to balance energy and water demands; 

7 ‘‘(2) facilitate the widespread commercialization 

8 of newly developed energy-water efficiency and sup9 ply technologies for use in real-world applications, 

10 including the conduct of an assessment of economic 

11 factors relating to the introduction and adoption of 

12 energy-water efficiency and supply technologies in 

13 practical applications; 

14 ‘‘(3) facilitate collaboration among Federal 

15 agencies to provide for the integration of research 

16 on, and disclosure of information relating to, energy17 water efficiency and supply technologies; 

18 ‘‘(4) reclaim and improve access to previously 

19 unusable and nontraditional water resources; and 

20 ‘‘(5) increase the amount of water available for 

21 human use. 

22 ‘‘(c) OTHER AGREEMENTS.—The Secretary may 

23 enter into any grant, contract, cooperative agreement, 

24 interagency agreement, or other transaction, as the Sec25 retary determines to be necessary to carry out this section. 
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1 ‘‘(d) PROGRAM LEAD LABORATORIES.— 

2 ‘‘(1) IN GENERAL.—The program shall be car3 ried out by Sandia National Laboratory, New Mex4 ico, Oak Ridge National Laboratory, Tennessee, and 

5 Lawrence Livermore National Laboratory, Cali6 fornia. 

7 ‘‘(2) SELECTION OF UNIVERSITY PARTNERS.— 

8 Each of the lead laboratories, in consultation with 

9 the Advisory Panel, shall select at least 1 university 

10 partner to assist in carrying out the program. 

11 ‘‘(e) WATER SUPPLY TECHNOLOGY ASSESSMENT.— 

12 ‘‘(1) ASSESSMENT DUTIES.—In consultation 

13 with the Secretary of Agriculture, the Administrator 

14 of the Environmental Protection Agency, the Sec15 retary of Defense, the Administrator of the National 

16 Aeronautics and Space Administration, the Director 

17 of the National Science Foundation, the Secretary of 

18 the Interior, and other appropriate Federal agencies, 

19 the Secretary, acting through the lead laboratories, 

20 shall— 

21 ‘‘(A) assess energy-water efficiency and 

22 supply technology research being performed; 

23 ‘‘(B) assess the annual amount of Federal 

24 funding levels and authorizations for energy25 water efficiency and supply technology research; 
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1 ‘‘(C) assess the scope of the energy-water 

2 efficiency and supply technology research per3 formed by other agencies; 

4 ‘‘(D) assess whether and to what extent 

5 Federal energy-water efficiency and supply 

6 technology research is duplicative; 

7 ‘‘(E) identify energy-water efficiency and 

8 supply technology research and development 

9 priorities; and 

10 ‘‘(F) develop a technology roadmap to 

11 identify critical energy-water efficiency and sup12 ply technology research, development, dem13 onstration and commercialization activities to 

14 guide program activities. 

15 ‘‘(2) REPORT.—Not later than 2 years after the 

16 date of enactment of this section, the Secretary, act17 ing through the lead laboratories, shall submit to the 

18 Committee on Energy and Natural Resources of the 

19 Senate, the Committee on Resources of the House of 

20 Representatives, and the Committee on Energy and 

21 Commerce of the House of Representatives a de22 tailed report on the assessment conducted under 

23 paragraph (1). 

24 ‘‘(f) ADVISORY PANEL.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish an advisory panel, to be known as the ‘Energy3 Water Efficiency and Supply Technology Advisory 

4 Panel’, to advise the Secretary on the activities car5 ried out under this section. 

6 ‘‘(2) MEMBERSHIP.—Members of the Advisory 

7 Panel shall— 

8 ‘‘(A) have expertise in— 

9 ‘‘(i) energy-water efficiency and sup10 ply technology; or 

11 ‘‘(ii) legal or regulatory issues associ12 ated with adopting energy-water efficiency 

13 and supply technologies in real-world appli14 cations; and 

15 ‘‘(B) be representative of institutions of 

16 higher education, industry, State and local gov17 ernments, international energy-water efficiency 

18 and supply technology institutions, Federal 

19 agencies, and nongovernmental organizations. 

20 ‘‘(3) DUTIES.—The Advisory Panel shall— 

21 ‘‘(A) periodically assess the performance of 

22 energy-water efficiency and supply technology 

23 research being carried out under this section; 

24 ‘‘(B) advise the Secretary on research pri25 orities to be carried out under this section; 
8 

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1 ‘‘(C) make recommendations to the Sec2 retary for awarding research grants and dem3 onstration project grants; and 

4 ‘‘(D) identify legal, policy, or regulatory 

5 barriers to implementing energy-water efficiency 

6 and supply technologies in real-world applica7 tions. 

8 ‘‘(g) PROGRAM GRANTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall provide 

10 competitive grants to entities with expertise in the 

11 conduct of energy-water efficiency and supply tech12 nology research, development, and demonstration 

13 projects. 

14 ‘‘(2) REQUIREMENTS.—The grants under para15 graph (1) shall be provided— 

16 ‘‘(A) in consultation with the Advisory 

17 Panel; 

18 ‘‘(B) in coordination with the research, de19 velopment, demonstration, and commercializa20 tion activities conducted by the lead labora21 tories; and 

22 ‘‘(C) consistent with the technology road23 map developed under subsection (e)(1)(F). 

24 ‘‘(3) LIMITATION.—Of amounts made available 

25 for grants under subsection (j)(2)(C), not more than 
9 

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1 25 percent shall be provided to National Labora2 tories and Federal agencies. 

3 ‘‘(4) CRITERIA.—The Secretary shall establish 

4 criteria for the submission and review of grant appli5 cations and the provision of grants under paragraph 

6 (1). 

7 ‘‘(h) PROGRAM REVIEW.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall enter 

9 into an arrangement with the National Academy of 

10 Sciences to conduct periodic peer reviews of the pro11 gram. 

12 ‘‘(2) REQUIREMENTS.—In conducting a review 

13 under paragraph (1), the National Academy of 

14 Sciences shall— 

15 ‘‘(A) review the technology roadmap, tech16 nical milestones, and plans for technology 

17 transfer developed under the program; and 

18 ‘‘(B) assess the progress of the program in 

19 achieving the technical milestones and plans for 

20 technology transfer. 

21 ‘‘(i) REPORT TO CONGRESS.—Not later than 3 years 

22 after the date of enactment of this section and each year 

23 thereafter, the Secretary shall submit to the Committee 

24 on Energy and Natural Resources of the Senate, the Com25 mittee on Resources of the House of Representatives, and 
10 

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1 the Committee on Energy and Commerce of the House 

2 of Representatives a report that describes the activities 

3 carried out under this section, including the activities car4 ried out under subsection (f)(3)(D). 

5 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated to the Secretary to carry out this sec8 tion, including the completion of the roadmap under 

9 subsection (e)(1)(F)— 

10 ‘‘(A) $5,000,000 for fiscal year 2006; and 

11 ‘‘(B) such sums as are necessary for each 

12 fiscal year thereafter. 

13 ‘‘(2) ALLOCATION.—Of amounts made available 

14 under paragraph (1) for fiscal year 2007 and each 

15 fiscal year thereafter— 

16 ‘‘(A) at least 30 percent shall be distrib17 uted equally between the lead laboratories for 

18 the conduct of activities under the program; 

19 ‘‘(B) at least 10 percent shall be provided 

20 to the lead laboratories to carry out subsection 

21 (b)(2); 

22 ‘‘(C) at least 40 percent shall be made 

23 available for program grants under subsection 

24 (g)(1); and 
11 

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1 ‘‘(D) not more than 15 percent shall be 

2 used to pay the administrative costs of carrying 

3 out the program, including costs to support the 

4 activities of the Advisory Panel.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Water Supply Tech7 nology Program Act of 2005’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) ADVISORY PANEL.—The term ‘‘Advisory 

11 Panel’’ means the Water Supply Technology Advisory 

12 Panel established under section 3(d). 

13 (2) PROGRAM.—The term ‘‘program’’ means the 

14 water supply technology research, development, dem15 onstration, and commercial application program es16 tablished under section 3(a). 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 (4) WATER AGENCY.—The term ‘‘water agency’’ 

20 means any State, instrumentality of a State, munici21 pality, political subdivision, authority, utility, dis22 trict, association, or other entity that provides water 

23 for public use. 

24 (5) WATER SUPPLY TECHNOLOGY.—The term 

25 ‘‘water supply technology’’ means— 
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1 (A) technologies for— 

2 (i) desalination and associated con3 centrate disposal; 

4 (ii) water reuse and recycling; 

5 (iii) removing contaminants from 

6 water, including impaired water produced 

7 as a result of energy production activities; 

8 (iv) reducing the amount of energy re9 quired to provide adequate water supplies; 

10 (v) water use efficiency and conserva11 tion; and 

12 (vi) water monitoring and systems 

13 analysis; and 

14 (B) any other technologies identified by the 

15 Secretary as appropriate to carry out the pro16 gram. 

17 SEC. 3. WATER SUPPLY TECHNOLOGY RESEARCH, DEVELOP18 MENT, DEMONSTRATION, AND COMMERCIAL 

19 APPLICATION PROGRAM. 

20 (a) ESTABLISHMENT.—In accordance with this Act, 

21 the Secretary shall establish a national program for the re22 search, development, demonstration, and commercial appli23 cation of economically viable and cost-effective water supply 

24 technologies to— 
13 

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1 (1) increase the amount of water available for 

2 human use; 

3 (2) facilitate the widespread commercialization 

4 of newly developed water supply technologies for use 

5 in real-world applications, including the conduct of 

6 an assessment of economic and other market-related 

7 factors relating to the introduction and adoption of 

8 water supply technologies in practical applications; 

9 (3) facilitate collaboration among Federal agen10 cies to provide for the integration of research on, and 

11 the development, demonstration, and commercial ap12 plication of, water supply technologies; and 

13 (4) reclaim and improve access to previously un14 usable and nontraditional water resources. 

15 (b) OTHER AGREEMENTS.—The Secretary may enter 

16 into any grant, contract, cooperative agreement, inter17 agency agreement, or other transaction, as the Secretary de18 termines to be necessary to carry out this Act. 

19 (c) PROGRAM LEAD LABORATORY.— 

20 (1) IN GENERAL.—The Secretary shall designate 

21 1 or more lead National Laboratories to carry out 

22 water supply technology research, development, dem23 onstration, and commercial application activities 

24 under the program. 
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1 (2) CONSIDERATIONS.—In determining the num2 ber of lead laboratories to designate under paragraph 

3 (1), the Secretary shall consider the amount of appro4 priations available to carry out the program. 

5 (3) SELECTION OF UNIVERSITY AND WATER

6 AGENCY PARTNERS.—Each lead laboratory designated 

7 under paragraph (1), in consultation with the Advi8 sory Panel, shall select at least 1 university partner 

9 and at least 1 water agency partner to assist the lead 

10 laboratory in carrying out the program. 

11 (d) ADVISORY PANEL.— 

12 (1) IN GENERAL.—The Secretary shall establish 

13 an advisory panel, to be known as the ‘‘Water Supply 

14 Technology Advisory Panel’’, to advise the Secretary 

15 on the activities carried out under this Act. 

16 (2) MEMBERSHIP.—Members of the Advisory 

17 Panel shall— 

18 (A) have expertise in— 

19 (i) water supply technology; or 

20 (ii) legal or regulatory issues associ21 ated with adopting water supply tech22 nologies in real-world applications; and 

23 (B) be representative of institutions of high24 er education, industry, State and local govern25 ments, international water supply technology in-
15 

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1 stitutions, Federal agencies, and nongovern2 mental organizations. 

3 (3) DUTIES.—The Advisory Panel shall— 

4 (A) periodically assess the performance of 

5 water supply technology research, development, 

6 demonstration, and commercial application ac7 tivities being carried out under this Act; 

8 (B) advise the Secretary on research prior9 ities to be carried out under this Act; 

10 (C) make recommendations to the Secretary 

11 for awarding research grants and demonstration 

12 project grants; and 

13 (D) identify legal, policy, or regulatory bar14 riers to implementing water supply technologies 

15 in real-world applications. 

16 (e) WATER SUPPLY TECHNOLOGY ASSESSMENT.— 

17 (1) IN GENERAL.—In consultation with the Sec18 retary of Agriculture, the Administrator of the Envi19 ronmental Protection Agency, the Secretary of De20 fense, the Administrator of the National Aeronautics 

21 and Space Administration, the Director of the Na22 tional Science Foundation, the Secretary of the Inte23 rior, the Director of the Office and Management and 

24 Budget, the Director of the Office of Science and 
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1 Technology Policy, and the heads of other appropriate 

2 Federal agencies, the Secretary, shall— 

3 (A) assess the annual amount of Federal 

4 funding levels and authorizations for water sup5 ply technology research; 

6 (B) assess the scope of the water supply 

7 technology research performed by other agencies; 

8 and 

9 (C) assess whether and to what extent Fed10 eral water supply technology research is duplica11 tive. 

12 (2) TECHNOLOGY ROADMAP.—In consultation 

13 with the Secretary of Agriculture, the Administrator 

14 of the Environmental Protection Agency, the Sec15 retary of Defense, the Administrator of the National 

16 Aeronautics and Space Administration, the Director 

17 of the National Science Foundation, the Secretary of 

18 the Interior, the Director of the Office of Science and 

19 Technology Policy, the heads of other appropriate 

20 Federal agencies, the Advisory Panel, any lead lab21 oratories designated under subsection (d)(1), the Sec22 retary, shall— 

23 (A) assess any water supply technology re24 search being performed; 
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1 (B) identify water supply technology re2 search and development priorities; and 

3 (C) develop a technology roadmap to iden4 tify critical water supply technology research, 

5 development, demonstration, and commercial ap6 plication activities to guide program activities. 

7 (3) REPORT.—Not later than 18 months after the 

8 date of enactment of this Act, the Secretary shall sub9 mit to the Committee on Energy and Natural Re10 sources of the Senate, the Committee on Resources of 

11 the House of Representatives, and the Committee on 

12 Energy and Commerce of the House of Representa13 tives a detailed report on— 

14 (A) the assessments conducted under para15 graphs (1) and (2); and 

16 (B) the technology roadmap developed 

17 under paragraph (2)(C). 

18 (f) PROGRAM GRANTS.— 

19 (1) IN GENERAL.—The Secretary shall provide 

20 competitive grants to entities with expertise in the 

21 conduct of water supply technology research, develop22 ment, and demonstration projects. 

23 (2) REQUIREMENTS.—The grants under para24 graph (1) shall be provided consistent with the tech25 nology roadmap developed under subsection (e)(2)(C). 
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1 (3) LIMITATION.—Of amounts made available 

2 for grants under section 4(b)(2), not more than 25 

3 percent shall be provided to National Laboratories 

4 and Federal agencies. 

5 (4) CRITERIA.—The Secretary shall establish cri6 teria for the submission and review of grant applica7 tions and the provision of grants under paragraph 

8 (1). 

9 (g) PROGRAM REVIEW.— 

10 (1) IN GENERAL.—The Secretary shall establish 

11 an independent third party review process to conduct 

12 periodic peer reviews of the program. 

13 (2) REQUIREMENTS.—In conducting a review 

14 under paragraph (1), an independent third party re15 viewer shall— 

16 (A) review the technology roadmap, tech17 nical milestones, and plans for commercial ap18 plication developed under the program; and 

19 (B) assess the progress of the program in 

20 achieving the technical milestones and plans for 

21 commercial application. 

22 (h) REPORT TO CONGRESS.—Not later than 3 years 

23 after the date of enactment of this Act and each year there24 after, the Secretary shall submit to the Committee on En25 ergy and Natural Resources of the Senate, the Committee 
19 

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1 on Resources of the House of Representatives, and the Com2 mittee on Energy and Commerce of the House of Represent3 atives a report that describes the activities carried out 

4 under this Act, including the activities carried out under 

5 subsection (d)(3). 

6 (i) COST-SHARING REQUIREMENT.—Any activities 

7 carried out under this Act shall be subject to section 988 

8 of the Energy Policy Act of 2005 (42 U.S.C. 16352). 

9 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated to the Secretary to carry out this Act, including 

12 the completion of the roadmap under section 3(e)(2)(C)— 

13 (1) $5,000,000 for fiscal year 2006; and 

14 (2) such sums as are necessary for each fiscal 

15 year thereafter. 

16 (b) ALLOCATION.—Of amounts made available under 

17 subsection (a) for fiscal year 2007 and each fiscal year 

18 thereafter— 

19 (1) not more than 25 percent shall be made 

20 available to the 1 or more lead laboratories designated 

21 under section 3(c)(1), to be distributed equally be22 tween the lead laboratories if more than 1 lead lab23 oratory is designated, for the conduct of activities 

24 under the program (including to carry out section 

25 3(a)(2)); 
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1 (2) at least 60 percent shall be made available 

2 for program grants under section 3(f), of which 20 

3 percent, or as the Secretary determines to be appro4 priate, a higher percentage, shall be made available 

5 for demonstration projects; and 

6 (3) not more than 15 percent shall be used to 

7 pay the administrative costs of carrying out the pro8 gram, including costs to support the activities of the 

9 Advisory Panel. 

Calendar No. 316 

109TH CONGRESS 

1ST SESSION S. 1860 

[Report No. 109–198] 

A BILL 

To amend the Energy Policy Act of 2005 to imand for other purposes. mand through improved use of reclaimed waters, prove energy production and reduce energy deDECEMBER 8, 2005 

Reported with an amendment