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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 630 Reported in Senate (RS)]

                                                        Calendar No. 98
112th CONGRESS
  1st Session
                                 S. 630

                          [Report No. 112-31]

   To promote marine and hydrokinetic renewable energy research and 
                  development, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

Ms. Murkowski (for herself, Mr. Begich, Mr. Whitehouse, Mr. Wyden, and 
 Mrs. Shaheen) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             July 11, 2011

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
   To promote marine and hydrokinetic renewable energy research and 
                  development, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Marine and 
Hydrokinetic Renewable Energy Promotion Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Marine and hydrokinetic renewable energy research and 
                            development program.
Sec. 3. Test facilities.
Sec. 4. National Marine and Hydrokinetic Renewable Energy Research, 
                            Development, and Demonstration Centers.
Sec. 5. Marine-based energy device verification program.
Sec. 6. Adaptive management and environmental grant program.
Sec. 7. Administration.
Sec. 8. Authorization of appropriations.
Sec. 9. National Renewable Energy Deployment Program.

SEC. 2. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT PROGRAM.

    Section 633(a) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17212(a)) is amended--
            (1) in paragraph (13), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15)(A) apply advanced systems engineering and system 
        integration methods to identify critical interfaces and develop 
        open standards for marine and hydrokinetic renewable energy;
            ``(B) transfer the resulting environmental data to industry 
        stakeholders as public information through published interface 
        definitions, standards, and demonstration projects; and
            ``(C) develop incentives for industry to comply with the 
        standards.''.

SEC. 3. TEST FACILITIES.

    Section 633 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17212) is amended by adding at the end the following:
    ``(c) Test Facilities.--
            ``(1) In general.--In carrying out this section, not later 
        than 180 days after the date of enactment of this subsection, 
        the Secretary shall award competitive grants to support 
        <DELETED>3</DELETED> 4 or more geographically dispersed marine 
        and hydrokinetic renewable energy technology research, 
        development, and demonstration test facilities for the 
        demonstration of multiple technologies in actual 
        <DELETED>operating environments</DELETED> operating marine 
        environments (including industry demonstrations).
            ``(2) Preference.--In awarding competitive grants under 
        this subsection, the Secretary shall give preference to 
        existing marine and hydrokinetic testing facilities and 
        existing Centers established under section 634.
            ``<DELETED>(2)</DELETED>(3) Facilities.--Grants under this 
        subsection may support--
                    ``(A) modification of an existing facility 
                (including a Center established under section 634); or
                    ``(B) construction of a new test facility.
            ``<DELETED>(3)</DELETED>(4) Program objectives.--In 
        awarding grants under this subsection, the Secretary shall 
        provide for the demonstration of--
                    ``(A) a variety of technologies at each test 
                facility;
                    ``(B) a variety of technologies among all of the 
                test facilities established; and
                    ``(C) technologies on a variety of scales.
            ``<DELETED>(4)</DELETED>(5) Activities.--Each test facility 
        established under this subsection shall--
                    ``(A) provide infrastructure and resources for the 
                evaluation and technical viability testing of marine 
                and hydrokinetic renewable energy technologies; and
                    ``(B) conduct and support research, development, 
                and demonstration activities with respect to marine and 
                hydrokinetic renewable energy technologies.
            ``<DELETED>(5)</DELETED>(6) Eligibility.--To be eligible 
        for a grant under this subsection, an applicant for a grant 
        shall--
                    ``(A) be--
                            ``(i) a nonprofit institution;
                            ``(ii) a State or local government;
                            ``(iii) an institution of higher education;
                        <DELETED>    ``(iv) a National Laboratory; 
                        or</DELETED>
                        <DELETED>    ``(v) a Center established under 
                        section 634; and</DELETED>
                            ``(iv) a university consortium;
                            ``(v) a National Laboratory; or
                            ``(vi) a Center established under section 
                        634; and
                    ``(B) demonstrate to the satisfaction of the 
                Secretary the ability and intention to--
                            ``(i) combine expertise from relevant 
                        academic fields, including fields relating to--
                                    ``(I) the environment;
                                    ``(II) marine and riverine 
                                sciences;
                                <DELETED>    ``(III) energy; 
                                and</DELETED>
                                <DELETED>    ``(IV) electrical, 
                                mechanical, and civil engineering; 
                                and</DELETED>
                            ``<DELETED>(ii)</DELETED> partner with 
                        other entities that 
                                </DELETED>    ``(III) energy;
                                    ``(IV) ocean engineering; and
                                    ``(V) electrical, mechanical, and 
                                civil engineering; and
                            ``(ii) partner with other entities 
                        (including industry) that have expertise in 
                        advancing marine and hydrokinetic renewable 
                        energy technologies.''.

SEC. 4. NATIONAL MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH, 
              DEVELOPMENT, AND DEMONSTRATION CENTERS.

    Section 634 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17213) is amended--
            (1) in the section heading, by inserting ``and 
        hydrokinetic'' after ``marine'';
            (2) in the first sentence of subsection (a), by inserting 
        ``and Hydrokinetic'' after ``Marine''; and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Purposes.--The Centers--
            ``(1) shall--
                    ``(A) advance research, development, demonstration, 
                and commercial application of marine and hydrokinetic 
                renewable energy technologies; and
                    ``(B) serve as information clearinghouses for the 
                marine and hydrokinetic renewable energy industry by 
                collecting and disseminating information on best 
                practices in all areas relating to developing and 
                managing marine and hydrokinetic renewable energy 
                technologies; and
            ``(2) may serve as technology test facilities established 
        under section 633(c).''.

SEC. 5. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM.

    The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 
et seq.) is amended--
            (1) by redesignating sections 635 and 636 (42 U.S.C. 17214, 
        17215) as sections 638 and 639, respectively; and
            (2) by inserting after section 634 (42 U.S.C. 17213) the 
        following:

``SEC. 635. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM.

    ``(a) Establishment.--The Secretary shall establish a marine-based 
energy device verification program to provide a bridge from the marine 
and hydrokinetic renewable energy capture device design and development 
efforts underway across the industry to commercial deployment of marine 
and hydrokinetic renewable energy devices.
    ``(b) Purposes.--The purposes of the program are to fund, 
facilitate the development and installation of, and evaluate marine and 
hydrokinetic renewable energy projects, in partnership with Federally 
Funded Research and Development Centers, and in conjunction with 
Centers established under section 634, universities and other 
institutions of higher education, private business entities, and other 
appropriate organizations, in order--
            ``(1) to increase marine and hydrokinetic renewable energy 
        experience; and
            ``(2) to build and operate enough candidate devices to 
        obtain statistically significant operating and maintenance 
        data.
    ``(c) Objectives.--The objectives of the program shall include--
            ``(1) verifying the performance, reliability, 
        maintainability, and cost of new marine and hydrokinetic 
        renewable energy device designs and system components in an 
        operating environment;
            ``(2) providing States, regulators, utilities, and other 
        stakeholders with a valid opportunity to test and evaluate 
        marine and hydrokinetic renewable energy technology in new 
        areas;
            ``(3) documenting and communicating the experience from 
        those projects for the benefit of utilities, independent power 
        producers, other nonutility generators, device suppliers, and 
        others in the marine and hydrokinetic renewable energy 
        development community; and
            ``(4) resolving environmental issues through robust 
        characterization, reliable impact prediction, effective 
        monitoring, development, and use of adaptive management, and 
        informing engineering design to improve environmental 
        performance.''.

SEC. 6. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM.

    The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 
et seq.) (as amended by section 5) is amended by inserting after 
section 635 the following:

``SEC. 636. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM.

    ``(a) Findings.--Congress finds that--
            ``(1) the use of marine and hydrokinetic renewable energy 
        technologies can reduce contributions to global warming;
            ``(2) marine and hydrokinetic renewable energy technologies 
        can be produced domestically;
            ``(3) marine and hydrokinetic renewable energy is a nascent 
        industry; and
            ``(4) the United States must work to promote new renewable 
        energy technologies that reduce contributions to global warming 
        gases and improve domestic energy production.
    ``(b) Grant Program.--
            ``(1) In general.--As soon as practicable after the date of 
        enactment of this subsection, the Secretary shall establish a 
        program under which the Secretary shall award grants to 
        eligible entities--
                    ``(A) to advance the development of marine and 
                hydrokinetic renewable energy;
                    ``(B) to help fund the costs of environmental 
                analysis affecting the deployment of marine 
                hydrokinetic devices;
                    ``(C) to help enable the eligible entities--
                            ``(i) to gather and collect the types of 
                        environmental data that are required when 
                        working in a public resource (including the 
                        waterways and oceans of the United States); and
                            ``(ii) to monitor the impacts of 
                        demonstration projects and make the resulting 
                        information available for widespread 
                        dissemination to aid future projects; and
                    ``(D) to help fund the cost of advancing renewable 
                marine and hydrokinetic technologies in ocean and 
                riverine environments from demonstration projects to 
                development and deployment.
            ``(2) Application.--To be eligible to receive a grant under 
        this paragraph, an entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.''.

SEC. 7. ADMINISTRATION.

    The Energy Independence and Security Act of 2007 (42 U.S.C. 17211 
et seq.) (as amended by section 6) is amended by inserting after 
section 636 the following:

``SEC. 637. ADMINISTRATION.

    ``(a) In General.--In carrying out this subtitle, the Secretary 
shall--
            ``(1) coordinate and avoid duplication of activities across 
        programs of the Department and other applicable Federal 
        agencies, including the National Laboratories;
            ``(2) collaborate with (as applicable)--
                    ``(A) industry;
                    ``(B) stakeholders;
                    ``(C) other Federal agencies, including the 
                National Laboratories;
                    ``(D) academic institutions; and
                    ``(E) international bodies with relevant scientific 
                expertise; and
            ``(3) obtain from the recipient of assistance and make 
        available to the public, through Web sites, reports, and 
        databases of the Department, any research, development, 
        demonstration, and commercial application information produced 
        with respect to supported technology, including information 
        obtained after the completion of supported activities, except 
        to the extent that the information is protected from disclosure 
        under section 552(b) of title 5, United States Code.
    ``(b) Reports.--Not later than 1 year after the date of enactment 
of this section and at least once every 2 years thereafter, the 
Secretary shall submit to Congress a report on findings and activities 
conducted under this subtitle.''.

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 639 of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17215) (as redesignated by section 5(1)) is amended to 
read as follows:</DELETED>

<DELETED>``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) In General.--There is authorized to be appropriated 
to carry out this subtitle $75,000,000 for each of fiscal years 2012 
through 2014, to remain available until expended.</DELETED>
<DELETED>    ``(b) Offsets.--Of the amount authorized to be 
appropriated for each fiscal year under subsection (a), $75,000,000 
shall be derived for each fiscal year from the amount authorized for 
energy-intensive industries efficiency programs under section 452(f) of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(f)) 
for each of fiscal years 2012 through 2015.</DELETED>
<DELETED>    ``(c) Renewable Energy Funds.--No funds shall be 
appropriated under this section for activities that are receiving funds 
under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 
U.S.C. 16231(a)(2)(E)(i)).''.</DELETED>

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 639 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17215) (as redesignated by section 
5(1)) is amended to read as follows:

``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle, to remain available until expended--
            ``(1) $70,000,000 for fiscal year 2012; and
            ``(2) $75,000,000 for fiscal year 2013.
    ``(b) Renewable Energy Funds.--No funds shall be appropriated under 
this section for activities that are receiving funds under section 
931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C. 
16231(a)(2)(E)(i)).''.
    (b) Offsets.--
            (1) Fiscal year 2012.--Section 609(d) of the Public Utility 
        Regulatory Policies Act of 1978 (7 U.S.C. 918c(d)) is amended 
        by striking ``2012'' and inserting ``2011''.
            (2) Fiscal year 2013.--The amount otherwise made available 
        to carry out section 412 of the Energy Policy Act of 2005 (42 
        U.S.C. 15972) shall be reduced by $75,000,000 for fiscal year 
        2013.

<DELETED>SEC. 9. NATIONAL RENEWABLE ENERGY DEPLOYMENT 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 803 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17282) is amended by striking the 
section heading and inserting ``national renewable energy deployment 
program''.</DELETED>
<DELETED>    (b) Definitions.--Section 803(a) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17282(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking paragraph (1);</DELETED>
        <DELETED>    (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively; and</DELETED>
        <DELETED>    (3) in paragraph (3)(B)(iv) (as so redesignated), 
        by striking ``Alaska small''.</DELETED>
<DELETED>    (c) Renewable Energy Construction Grants.--Section 803(b) 
of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17282(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by inserting ``establish a 
        national renewable energy construction grants program under 
        which the Secretary shall'' after ``shall''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Priority.--In making grants to eligible 
        applicants to carry out renewable energy projects under this 
        section, the Secretary shall give priority to applicants that--
        </DELETED>
                <DELETED>    ``(A) have power costs that are 125 
                percent or more of average national retail costs; 
                or</DELETED>
                <DELETED>    ``(B) will use the grant to construct 
                renewable electricity projects to replace fossil fuel 
                projects.''.</DELETED>

SEC. 9. NATIONAL RENEWABLE ENERGY DEPLOYMENT PROGRAM.

    (a) In General.--Section 803 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17282) is amended by striking the 
section heading and inserting ``national renewable energy deployment 
program''.
    (b) Definitions.--Section 803(a) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17282(a)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively;
            (3) in subparagraph (B)(iv) of paragraph (3) (as so 
        redesignated), by striking ``Alaska''; and
            (4) by adding at the end the following:
            ``(4) Small hydroelectric power.--The term `small 
        hydroelectric power' means power that--
                    ``(A) is generated--
                            ``(i) without the use of a dam or 
                        impoundment of water; and
                            ``(ii) through the use of--
                                    ``(I) a lake tap (but not a perched 
                                alpine lake); or
                                    ``(II) a run-of-river screened at 
                                the point of diversion; and
                    ``(B) has a nameplate capacity rating of a wattage 
                that is not more than 15 megawatts.''.
    (c) Renewable Energy Construction Grants.--Section 803(b) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17282(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``establish a national renewable 
                energy construction grants program under which the 
                Secretary shall'' after ``shall''; and
                    (B) by inserting ``, including feasibility studies 
                for such projects'' before the period at the end; and
            (2) by adding at the end the following:
            ``(5) Priority.--In making grants to eligible applicants to 
        carry out renewable energy projects under this section, the 
        Secretary shall give priority to applicants that--
                    ``(A) have power costs that are 125 percent or more 
                of average national retail costs; and
                    ``(B) will use the grant to construct renewable 
                electricity projects to replace or partially replace 
                fossil fuel projects.''.
                                                        Calendar No. 98

112th CONGRESS

  1st Session

                                 S. 630

                          [Report No. 112-31]

_______________________________________________________________________

                                 A BILL

   To promote marine and hydrokinetic renewable energy research and 
                  development, and for other purposes.

_______________________________________________________________________

                             July 11, 2011

                        Reported with amendments
```