II 

109TH CONGRESS 

1ST SESSION S. 1860 

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, and Mr. ALEXANDER) 

introduced the following bill; which was read twice and referred to the 

Committee on Energy and Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy-Water Effi5 ciency Technology Research, Development, and Transfer 

6 Program Act of 2005’’. 
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1 SEC. 2. ENERGY-WATER EFFICIENCY AND SUPPLY TECH2 NOLOGY RESEARCH, DEVELOPMENT, AND 

3 TRANSFER PROGRAM. 

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

5 58; 119 Stat. 594) is amended by inserting after section 

6 111 the following: 

7 ‘‘SEC. 112. ENERGY-WATER EFFICIENCY AND SUPPLY TECH8 NOLOGY RESEARCH, DEVELOPMENT, AND 

9 TRANSFER PROGRAM. 

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

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

12 Panel’ means the Energy-Water Efficiency and Sup13 ply Technology Advisory Panel established under 

14 subsection (f). 

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

16 TECHNOLOGY.—The term ‘energy-water efficiency 

17 and supply technology’ means— 

18 ‘‘(A) technologies for— 

19 ‘‘(i) reducing the amount of energy re20 quired to provide adequate water supplies; 

21 ‘‘(ii) reducing water consumption in 

22 the production or generation of energy; 

23 ‘‘(iii) the reclamation of previously un24 usable water; 

25 ‘‘(iv) water reuse; 
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1 ‘‘(v) agricultural, industrial, and mu2 nicipal efficiency and conservation; and 

3 ‘‘(vi) water monitoring and systems 

4 analysis; and 

5 ‘‘(B) any other technologies identified by 

6 the Secretary as necessary to carry out the pro7 gram. 

8 ‘‘(3) LEAD LABORATORY.—The term ‘lead lab9 oratory’ means each of the program lead laboratories 

10 designated under subsection (d)(1). 

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

12 the energy-water efficiency and supply technology re13 search, development, and transfer program estab14 lished under subsection (b). 

15 ‘‘(b) ESTABLISHMENT.—In accordance with this sec16 tion, the Secretary shall establish a National Laboratories 

17 energy-water efficiency and supply technology research, 

18 development, and transfer program that provides for the 

19 conduct of research on, and the development, demonstra20 tion, transfer, and commercialization of, economically via21 ble and cost-effective energy-water efficiency and supply 

22 technologies to— 

23 ‘‘(1) promote the sustainable use of water for 

24 energy production activities, including— 
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1 ‘‘(A) developing less water-intensive elec2 tric generation sources; and 

3 ‘‘(B) developing and implementing systems 

4 analyses to balance energy and water demands; 

5 ‘‘(2) facilitate the widespread commercialization 

6 of newly developed energy-water efficiency and sup7 ply technologies for use in real-world applications, 

8 including the conduct of an assessment of economic 

9 factors relating to the introduction and adoption of 

10 energy-water efficiency and supply technologies in 

11 practical applications; 

12 ‘‘(3) facilitate collaboration among Federal 

13 agencies to provide for the integration of research 

14 on, and disclosure of information relating to, energy15 water efficiency and supply technologies; 

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

17 unusable and nontraditional water resources; and 

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

19 human use. 

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

21 enter into any grant, contract, cooperative agreement, 

22 interagency agreement, or other transaction, as the Sec23 retary determines to be necessary to carry out this section. 

24 ‘‘(d) PROGRAM LEAD LABORATORIES.— 
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1 ‘‘(1) IN GENERAL.—The program shall be car2 ried out by Sandia National Laboratory, New Mex3 ico, Oak Ridge National Laboratory, Tennessee, and 

4 Lawrence Livermore National Laboratory, Cali5 fornia. 

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

7 Each of the lead laboratories, in consultation with 

8 the Advisory Panel, shall select at least 1 university 

9 partner to assist in carrying out the program. 

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

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

12 with the Secretary of Agriculture, the Administrator 

13 of the Environmental Protection Agency, the Sec14 retary of Defense, the Administrator of the National 

15 Aeronautics and Space Administration, the Director 

16 of the National Science Foundation, the Secretary of 

17 the Interior, and other appropriate Federal agencies, 

18 the Secretary, acting through the lead laboratories, 

19 shall— 

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

21 supply technology research being performed; 

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

23 funding levels and authorizations for energy24 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; 
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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 
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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 
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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 
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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.’’. 

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