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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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Marine and Hydrokinetic Renewable Energy Promotion 

4 Act of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 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. 

7 SEC. 2. MARINE AND HYDROKINETIC RENEWABLE ENERGY 

8 RESEARCH AND DEVELOPMENT PROGRAM. 

9 Section 633(a) of the Energy Independence and Se10 curity Act of 2007 (42 U.S.C. 17212(a)) is amended— 

11 (1) in paragraph (13), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (2) in paragraph (14), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(15)(A) apply advanced systems engineering 

17 and system integration methods to identify critical 

18 interfaces and develop open standards for marine 

19 and hydrokinetic renewable energy; 


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1 ‘‘(B) transfer the resulting environmental data 

2 to industry stakeholders as public information 

3 through published interface definitions, standards, 

4 and demonstration projects; and 

5 ‘‘(C) develop incentives for industry to comply 

6 with the standards.’’. 

7 SEC. 3. TEST FACILITIES. 

8 Section 633 of the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17212) is amended by adding at 

10 the end the following: 

11 ‘‘(c) TEST FACILITIES.— 

12 ‘‘(1) IN GENERAL.—In carrying out this sec13 tion, not later than 180 days after the date of enact14 ment of this subsection, the Secretary shall award 

15 competitive grants to support 3 4 or more geo16 graphically dispersed marine and hydrokinetic re17 newable energy technology research, development, 

18 and demonstration test facilities for the demonstra19 tion of multiple technologies in actual operating en20 vironments operating marine environments (includ21 ing industry demonstrations). 

22 ‘‘(2) PREFERENCE.—In awarding competitive 

23 grants under this subsection, the Secretary shall give 

24 preference to existing marine and hydrokinetic testing 


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1 facilities and existing Centers established under sec2 tion 634. 

3 ‘‘(2)(3) FACILITIES.—Grants under this sub4 section may support— 

5 ‘‘(A) modification of an existing facility 

6 (including a Center established under section 

7 634); or 

8 ‘‘(B) construction of a new test facility. 

9 ‘‘(3)(4) PROGRAM OBJECTIVES.—In awarding 

10 grants under this subsection, the Secretary shall 

11 provide for the demonstration of— 

12 ‘‘(A) a variety of technologies at each test 

13 facility; 

14 ‘‘(B) a variety of technologies among all of 

15 the test facilities established; and 

16 ‘‘(C) technologies on a variety of scales. 

17 ‘‘(4)(5) ACTIVITIES.—Each test facility estab18 lished under this subsection shall— 

19 ‘‘(A) provide infrastructure and resources 

20 for the evaluation and technical viability testing 

21 of marine and hydrokinetic renewable energy 

22 technologies; and 

23 ‘‘(B) conduct and support research, devel24 opment, and demonstration activities with reVerDate Mar 15 2010 23:21 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S630.RS S630

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1 spect to marine and hydrokinetic renewable en2 ergy technologies. 

3 ‘‘(5)(6) ELIGIBILITY.—To be eligible for a 

4 grant under this subsection, an applicant for a grant 

5 shall— 

6 ‘‘(A) be— 

7 ‘‘(i) a nonprofit institution; 

8 ‘‘(ii) a State or local government; 

9 ‘‘(iii) an institution of higher edu10 cation; 

11 ‘‘(iv) a National Laboratory; or 

12 ‘‘(v) a Center established under sec13 tion 634; and 

14 ‘‘(iv) a university consortium; 

15 ‘‘(v) a National Laboratory; or 

16 ‘‘(vi) a Center established under section 

17 634; and 

18 ‘‘(B) demonstrate to the satisfaction of the 

19 Secretary the ability and intention to— 

20 ‘‘(i) combine expertise from relevant 

21 academic fields, including fields relating 

22 to— 

23 ‘‘(I) the environment; 

24 ‘‘(II) marine and riverine 

25 sciences; 


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1 ‘‘(III) energy; and 

2 ‘‘(IV) electrical, mechanical, and 

3 civil engineering; and 

4 ‘‘(ii) partner with other entities that 

5 ‘‘(III) energy; 

6 ‘‘(IV) ocean engineering; and 

7 ‘‘(V) electrical, mechanical, and 

8 civil engineering; and 

9 ‘‘(ii) partner with other entities (in10 cluding industry) that have expertise in ad11 vancing marine and hydrokinetic renewable 

12 energy technologies.’’. 

13 SEC. 4. NATIONAL MARINE AND HYDROKINETIC RENEW14 ABLE ENERGY RESEARCH, DEVELOPMENT, 

15 AND DEMONSTRATION CENTERS. 

16 Section 634 of the Energy Independence and Security 

17 Act of 2007 (42 U.S.C. 17213) is amended— 

18 (1) in the section heading, by inserting ‘‘AND

19 HYDROKINETIC’’ after ‘‘MARINE’’; 

20 (2) in the first sentence of subsection (a), by in21 serting ‘‘and Hydrokinetic’’ after ‘‘Marine’’; and 

22 (3) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) PURPOSES.—The Centers— 

25 ‘‘(1) shall— 


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1 ‘‘(A) advance research, development, dem2 onstration, and commercial application of ma3 rine and hydrokinetic renewable energy tech4 nologies; and 

5 ‘‘(B) serve as information clearinghouses 

6 for the marine and hydrokinetic renewable en7 ergy industry by collecting and disseminating 

8 information on best practices in all areas relat9 ing to developing and managing marine and 

10 hydrokinetic renewable energy technologies; and 

11 ‘‘(2) may serve as technology test facilities es12 tablished under section 633(c).’’. 

13 SEC. 5. MARINE-BASED ENERGY DEVICE VERIFICATION 

14 PROGRAM. 

15 The Energy Independence and Security Act of 2007 

16 (42 U.S.C. 17211 et seq.) is amended— 

17 (1) by redesignating sections 635 and 636 (42 

18 U.S.C. 17214, 17215) as sections 638 and 639, re19 spectively; and 

20 (2) by inserting after section 634 (42 U.S.C. 

21 17213) the following: 

22 ‘‘SEC. 635. MARINE-BASED ENERGY DEVICE VERIFICATION 

23 PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab25 lish a marine-based energy device verification program to 


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1 provide a bridge from the marine and hydrokinetic renew2 able energy capture device design and development efforts 

3 underway across the industry to commercial deployment 

4 of marine and hydrokinetic renewable energy devices. 

5 ‘‘(b) PURPOSES.—The purposes of the program are 

6 to fund, facilitate the development and installation of, and 

7 evaluate marine and hydrokinetic renewable energy 

8 projects, in partnership with Federally Funded Research 

9 and Development Centers, and in conjunction with Centers 

10 established under section 634, universities and other insti11 tutions of higher education, private business entities, and 

12 other appropriate organizations, in order— 

13 ‘‘(1) to increase marine and hydrokinetic renew14 able energy experience; and 

15 ‘‘(2) to build and operate enough candidate de16 vices to obtain statistically significant operating and 

17 maintenance data. 

18 ‘‘(c) OBJECTIVES.—The objectives of the program 

19 shall include— 

20 ‘‘(1) verifying the performance, reliability, 

21 maintainability, and cost of new marine and 

22 hydrokinetic renewable energy device designs and 

23 system components in an operating environment; 

24 ‘‘(2) providing States, regulators, utilities, and 

25 other stakeholders with a valid opportunity to test 


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1 and evaluate marine and hydrokinetic renewable en2 ergy technology in new areas; 

3 ‘‘(3) documenting and communicating the expe4 rience from those projects for the benefit of utilities, 

5 independent power producers, other nonutility gen6 erators, device suppliers, and others in the marine 

7 and hydrokinetic renewable energy development com8 munity; and 

9 ‘‘(4) resolving environmental issues through ro10 bust characterization, reliable impact prediction, ef11 fective monitoring, development, and use of adaptive 

12 management, and informing engineering design to 

13 improve environmental performance.’’. 

14 SEC. 6. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL 

15 GRANT PROGRAM. 

16 The Energy Independence and Security Act of 2007 

17 (42 U.S.C. 17211 et seq.) (as amended by section 5) is 

18 amended by inserting after section 635 the following: 

19 ‘‘SEC. 636. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL 

20 GRANT PROGRAM. 

21 ‘‘(a) FINDINGS.—Congress finds that— 

22 ‘‘(1) the use of marine and hydrokinetic renew23 able energy technologies can reduce contributions to 

24 global warming; 


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1 ‘‘(2) marine and hydrokinetic renewable energy 

2 technologies can be produced domestically; 

3 ‘‘(3) marine and hydrokinetic renewable energy 

4 is a nascent industry; and 

5 ‘‘(4) the United States must work to promote 

6 new renewable energy technologies that reduce con7 tributions to global warming gases and improve do8 mestic energy production. 

9 ‘‘(b) GRANT PROGRAM.— 

10 ‘‘(1) IN GENERAL.—As soon as practicable 

11 after the date of enactment of this subsection, the 

12 Secretary shall establish a program under which the 

13 Secretary shall award grants to eligible entities— 

14 ‘‘(A) to advance the development of marine 

15 and hydrokinetic renewable energy; 

16 ‘‘(B) to help fund the costs of environ17 mental analysis affecting the deployment of ma18 rine hydrokinetic devices; 

19 ‘‘(C) to help enable the eligible entities— 

20 ‘‘(i) to gather and collect the types of 

21 environmental data that are required when 

22 working in a public resource (including the 

23 waterways and oceans of the United 

24 States); and 


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1 ‘‘(ii) to monitor the impacts of dem2 onstration projects and make the resulting 

3 information available for widespread dis4 semination to aid future projects; and 

5 ‘‘(D) to help fund the cost of advancing re6 newable marine and hydrokinetic technologies 

7 in ocean and riverine environments from dem8 onstration projects to development and deploy9 ment. 

10 ‘‘(2) APPLICATION.—To be eligible to receive a 

11 grant under this paragraph, an entity shall submit 

12 to the Secretary an application at such time, in such 

13 manner, and containing such information as the Sec14 retary may require.’’. 

15 SEC. 7. ADMINISTRATION. 

16 The Energy Independence and Security Act of 2007 

17 (42 U.S.C. 17211 et seq.) (as amended by section 6) is 

18 amended by inserting after section 636 the following: 

19 ‘‘SEC. 637. ADMINISTRATION. 

20 ‘‘(a) IN GENERAL.—In carrying out this subtitle, the 

21 Secretary shall— 

22 ‘‘(1) coordinate and avoid duplication of activi23 ties across programs of the Department and other 

24 applicable Federal agencies, including the National 

25 Laboratories; 


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1 ‘‘(2) collaborate with (as applicable)— 

2 ‘‘(A) industry; 

3 ‘‘(B) stakeholders; 

4 ‘‘(C) other Federal agencies, including the 

5 National Laboratories; 

6 ‘‘(D) academic institutions; and 

7 ‘‘(E) international bodies with relevant sci8 entific expertise; and 

9 ‘‘(3) obtain from the recipient of assistance and 

10 make available to the public, through Web sites, re11 ports, and databases of the Department, any re12 search, development, demonstration, and commercial 

13 application information produced with respect to 

14 supported technology, including information obtained 

15 after the completion of supported activities, except 

16 to the extent that the information is protected from 

17 disclosure under section 552(b) of title 5, United 

18 States Code. 

19 ‘‘(b) REPORTS.—Not later than 1 year after the date 

20 of enactment of this section and at least once every 2 years 

21 thereafter, the Secretary shall submit to Congress a report 

22 on findings and activities conducted under this subtitle.’’. 


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1 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 639 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17215) (as redesignated by section 

4 5(1)) is amended to read as follows: 

5 ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subtitle $75,000,000 for each of 

8 fiscal years 2012 through 2014, to remain available until 

9 expended. 

10 ‘‘(b) OFFSETS.—Of the amount authorized to be ap11 propriated for each fiscal year under subsection (a), 

12 $75,000,000 shall be derived for each fiscal year from the 

13 amount authorized for energy-intensive industries effi14 ciency programs under section 452(f) of the Energy Inde15 pendence and Security Act of 2007 (42 U.S.C. 17111(f)) 

16 for each of fiscal years 2012 through 2015. 

17 ‘‘(c) RENEWABLE ENERGY FUNDS.—No funds shall 

18 be appropriated under this section for activities that are 

19 receiving funds under section 931(a)(2)(E)(i) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).’’. 

21 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—Section 639 of the Energy Inde23 pendence and Security Act of 2007 (42 U.S.C. 17215) (as 

24 redesignated by section 5(1)) is amended to read as follows: 


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1 ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle, to remain available until 

4 expended— 

5 ‘‘(1) $70,000,000 for fiscal year 2012; and 

6 ‘‘(2) $75,000,000 for fiscal year 2013. 

7 ‘‘(b) RENEWABLE ENERGY FUNDS.—No funds shall be 

8 appropriated under this section for activities that are re9 ceiving funds under section 931(a)(2)(E)(i) of the Energy 

10 Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).’’. 

11 (b) OFFSETS.— 

12 (1) FISCAL YEAR 2012.—Section 609(d) of the 

13 Public Utility Regulatory Policies Act of 1978 (7 

14 U.S.C. 918c(d)) is amended by striking ‘‘2012’’ and 

15 inserting ‘‘2011’’. 

16 (2) FISCAL YEAR 2013.—The amount otherwise 

17 made available to carry out section 412 of the Energy 

18 Policy Act of 2005 (42 U.S.C. 15972) shall be reduced 

19 by $75,000,000 for fiscal year 2013. 

20 SEC. 9. NATIONAL RENEWABLE ENERGY DEPLOYMENT 

21 PROGRAM. 

22 (a) IN GENERAL.—Section 803 of the Energy Inde23 pendence and Security Act of 2007 (42 U.S.C. 17282) is 

24 amended by striking the section heading and inserting 

25 ‘‘NATIONAL RENEWABLE ENERGY DEPLOYMENT

26 PROGRAM’’. 


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1 (b) DEFINITIONS.—Section 803(a) of the Energy 

2 Independence and Security Act of 2007 (42 U.S.C. 

3 17282(a)) is amended— 

4 (1) by striking paragraph (1); 

5 (2) by redesignating paragraphs (2) through 

6 (4) as paragraphs (1) through (3), respectively; and 

7 (3) in paragraph (3)(B)(iv) (as so redesig8 nated), by striking ‘‘Alaska small’’. 

9 (c) RENEWABLE ENERGY CONSTRUCTION

10 GRANTS.—Section 803(b) of the Energy Independence 

11 and Security Act of 2007 (42 U.S.C. 17282(b)) is amend12 ed— 

13 (1) in paragraph (1), by inserting ‘‘establish a 

14 national renewable energy construction grants pro15 gram under which the Secretary shall’’ after ‘‘shall’’; 

16 and 

17 (2) by adding at the end the following: 

18 ‘‘(5) PRIORITY.—In making grants to eligible 

19 applicants to carry out renewable energy projects 

20 under this section, the Secretary shall give priority 

21 to applicants that— 

22 ‘‘(A) have power costs that are 125 per23 cent or more of average national retail costs; or 


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1 ‘‘(B) will use the grant to construct renew2 able electricity projects to replace fossil fuel 

3 projects.’’. 

4 SEC. 9. NATIONAL RENEWABLE ENERGY DEPLOYMENT PRO5 GRAM. 

6 (a) IN GENERAL.—Section 803 of the Energy Inde7 pendence and Security Act of 2007 (42 U.S.C. 17282) is 

8 amended by striking the section heading and inserting 

9 ‘‘NATIONAL RENEWABLE ENERGY DEPLOYMENT

10 PROGRAM’’. 

11 (b) DEFINITIONS.—Section 803(a) of the Energy Inde12 pendence and Security Act of 2007 (42 U.S.C. 17282(a)) 

13 is amended— 

14 (1) by striking paragraph (1); 

15 (2) by redesignating paragraphs (2) through (4) 

16 as paragraphs (1) through (3), respectively; 

17 (3) in subparagraph (B)(iv) of paragraph (3) 

18 (as so redesignated), by striking ‘‘Alaska’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(4) SMALL HYDROELECTRIC POWER.—The term 

21 ‘small hydroelectric power’ means power that— 

22 ‘‘(A) is generated— 

23 ‘‘(i) without the use of a dam or im24 poundment of water; and 

25 ‘‘(ii) through the use of— 


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1 ‘‘(I) a lake tap (but not a perched 

2 alpine lake); or 

3 ‘‘(II) a run-of-river screened at 

4 the point of diversion; and 

5 ‘‘(B) has a nameplate capacity rating of a 

6 wattage that is not more than 15 megawatts.’’. 

7 (c) RENEWABLE ENERGY CONSTRUCTION GRANTS.— 

8 Section 803(b) of the Energy Independence and Security 

9 Act of 2007 (42 U.S.C. 17282(b)) is amended— 

10 (1) in paragraph (1)— 

11 (A) by inserting ‘‘establish a national re12 newable energy construction grants program 

13 under which the Secretary shall’’ after ‘‘shall’’; 

14 and 

15 (B) by inserting ‘‘, including feasibility 

16 studies for such projects’’ before the period at the 

17 end; and 

18 (2) by adding at the end the following: 

19 ‘‘(5) PRIORITY.—In making grants to eligible 

20 applicants to carry out renewable energy projects 

21 under this section, the Secretary shall give priority to 

22 applicants that— 

23 ‘‘(A) have power costs that are 125 percent 

24 or more of average national retail costs; and 


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1 ‘‘(B) will use the grant to construct renew2 able electricity projects to replace or partially re3 place fossil fuel projects.’’. 


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Calendar No. 98 

112TH CONGRESS 

1ST SESSION S. 630 

[Report No. 112–31] 

A BILL 

To promote marine and hydrokinetic renewable enpurposes. ergy research and development, and for other 

JULY 11, 2011 

Reported with amendments 


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