II 

116TH CONGRESS 

1ST SESSION S. 1821 

To amend the Energy Independence and Security Act of 2007 to provide 

for research on, and the development and deployment of, marine energy, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2019 

Mr. WYDEN (for himself, Mr. MERKLEY, Mr. KING, Mr. SCHATZ, and Mr. 

REED) introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Independence and Security Act of 

2007 to provide for research on, and the development 

and deployment of, marine energy, 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 ‘‘Marine Energy Re5 search and Development Act of 2019’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to support marine energy 

8 programs that— 


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1 (1) promote research on, and the development 

2 of, increased energy generation and capacity at re3 duced costs; 

4 (2) promote research and development activities 

5 that improve environmental outcomes of marine en6 ergy technologies; 

7 (3) provide grid stability and create new market 

8 opportunities; and 

9 (4) promote job creation in the energy sector. 

10 SEC. 3. DEFINITION OF MARINE ENERGY. 

11 (a) IN GENERAL.—Section 632 of the Energy Inde12 pendence and Security Act of 2007 (42 U.S.C. 17211) is 

13 amended to read as follows: 

14 ‘‘SEC. 632. DEFINITION OF MARINE ENERGY. 

15 ‘‘In this subtitle, the term ‘marine energy’ means en16 ergy from— 

17 ‘‘(1) waves, tides, and currents in oceans, estu18 aries, and tidal areas; 

19 ‘‘(2) free-flowing hydrokinetic water in rivers, 

20 lakes, and streams; 

21 ‘‘(3) free-flowing hydrokinetic water in man22 made channels; and 

23 ‘‘(4) differentials in ocean temperature or ocean 

24 thermal energy conversion.’’. 

25 (b) CONFORMING EDITS.— 


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1 (1) The subtitle heading for subtitle C of title 

2 VI of the Energy Independence and Security Act of 

3 2007 (Public Law 110–440; 121 Stat. 1686) is 

4 amended by striking ‘‘and Hydrokinetic Re5 newable’’. 

6 (2) Section 631 of the Energy Independence 

7 and Security Act of 2007 (42 U.S.C. 17001 note; 

8 121 Stat. 1686) is amended by striking ‘‘and 

9 Hydrokinetic Renewable’’. 

10 SEC. 4. MARINE ENERGY RESEARCH AND DEVELOPMENT. 

11 Section 633 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17212) is amended to read as 

13 follows: 

14 ‘‘SEC. 633. MARINE ENERGY RESEARCH AND DEVELOP15 MENT. 

16 ‘‘(a) IN GENERAL.—The Secretary, acting through 

17 the Director of the Water Power Technologies Office, in 

18 consultation with the Secretary of the Interior, the Sec19 retary of Commerce, and the Federal Energy Regulatory 

20 Commission, shall carry out a program to accelerate the 

21 introduction of marine energy production into the United 

22 States energy supply, giving priority to technologies most 

23 likely to lead to commercial utilization, while fostering ac24 celerated research, development, demonstration, and com25 mercial application of technology, including programs— 


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1 ‘‘(1) to assist technology development on a vari2 ety of scales, including full-scale prototypes, to im3 prove the components, processes, and systems used 

4 for power generation from marine energy resources; 

5 ‘‘(2) to establish and expand critical testing in6 frastructure and facilities necessary— 

7 ‘‘(A) to cost-effectively and efficiently test 

8 and prove marine energy devices; and 

9 ‘‘(B) to accelerate the technological readi10 ness and commercialization of those devices; 

11 ‘‘(3) to support efforts to increase the efficiency 

12 of energy conversion, lower the cost, increase the 

13 use, improve the reliability, and demonstrate the ap14 plicability of marine energy technologies by partici15 pating in demonstration projects; 

16 ‘‘(4) to investigate variability issues and the ef17 ficient and reliable integration of marine energy with 

18 the utility grid; 

19 ‘‘(5) to identify and study critical short- and 

20 long-term needs to create a sustainable marine en21 ergy supply chain based in the United States; 

22 ‘‘(6) to increase the reliability and survivability 

23 of marine energy technologies; 

24 ‘‘(7) to verify the performance, reliability, main25 tainability, and cost of new marine energy device deVerDate Sep 11 2014 04:22 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.IS S1821

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1 signs and system components in an operating envi2 ronment; 

3 ‘‘(8) to consider the protection of critical infra4 structure, such as adequate separation between ma5 rine energy devices and projects and submarine tele6 communications cables, including consideration of 

7 established industry standards; 

8 ‘‘(9)(A) to coordinate the programs carried out 

9 under this section with, and avoid duplication of ac10 tivities across, programs of the Department and 

11 other applicable Federal agencies, including National 

12 Laboratories; and 

13 ‘‘(B) to coordinate public-private collaboration 

14 in carrying out the programs under this section; 

15 ‘‘(10) to identify opportunities for joint re16 search and development programs and the develop17 ment of economies of scale between— 

18 ‘‘(A) marine energy technologies; and 

19 ‘‘(B) other renewable energy and fossil en20 ergy programs, offshore oil and gas production 

21 activities, and activities of the Department of 

22 Defense; 

23 ‘‘(11) to identify, in conjunction with the Sec24 retary of Commerce, acting through the Under Sec25 retary of Commerce for Oceans and Atmosphere, 


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1 and other relevant Federal agencies as appropriate, 

2 the potential environmental impacts, including po3 tential impacts on fisheries and other marine re4 sources, of marine energy technologies, measures to 

5 prevent adverse impacts, and technologies and other 

6 means available for monitoring and determining en7 vironmental impacts; 

8 ‘‘(12) to identify, in conjunction with the Sec9 retary of the Department in which the United States 

10 Coast Guard is operating, acting through the Com11 mandant of the United States Coast Guard, the po12 tential navigational impacts of marine energy tech13 nologies and measures to prevent adverse impacts on 

14 navigation; and 

15 ‘‘(13) to support in-water technology develop16 ment with international partners using existing co17 operative procedures (including memoranda of un18 derstanding)— 

19 ‘‘(A) to allow cooperative funding and 

20 other support of value to be exchanged and le21 veraged; and 

22 ‘‘(B) to encourage international research 

23 centers and international companies to partici24 pate in the development of marine energy tech25 nology in the United States and to encourage 


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1 United States research centers and companies 

2 to participate in marine energy projects abroad. 

3 ‘‘(b) COST SHARING AND MERIT REVIEW.—The Sec4 retary shall carry out the program under this section in 

5 accordance with sections 988 and 989 of the Energy Pol6 icy Act of 2005 (42 U.S.C. 16352, 16353).’’. 

7 SEC. 5. NATIONAL MARINE ENERGY CENTERS. 

8 Section 634 of the Energy Independence and Security 

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

10 (1) in the section heading, by striking ‘‘RE11 NEWABLE ENERGY RESEARCH, DEVELOPMENT, 

12 AND DEMONSTRATION’’ and inserting ‘‘ENERGY’’; 

13 (2) by redesignating subsection (c) as sub14 section (d); and 

15 (3) by striking subsections (a) and (b) and in16 serting the following: 

17 ‘‘(a) CENTERS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall award 

19 grants to institutions of higher education for— 

20 ‘‘(A) the continuation and expansion of re21 search, development, and testing activities at 

22 National Marine Energy Centers established as 

23 of January 1, 2019; and 

24 ‘‘(B) the establishment of new National 

25 Marine Energy Centers. 


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1 ‘‘(2) CRITERIA.—In selecting locations for new 

2 National Marine Energy Centers to be established 

3 under paragraph (1)(B), the Secretary shall consider 

4 sites that meet one of the following criteria: 

5 ‘‘(A) The new Center hosts an existing ma6 rine energy research and development program 

7 in coordination with an engineering program at 

8 an institution of higher education. 

9 ‘‘(B) The new Center has proven expertise 

10 to support environmental and policy-related 

11 issues associated with the harnessing of energy 

12 in the marine environment. 

13 ‘‘(C) The new Center has access to and 

14 uses marine resources. 

15 ‘‘(b) PURPOSES.—The National Marine Energy Cen16 ters shall coordinate with other National Marine Energy 

17 Centers, the Department, and the National Labora18 tories— 

19 ‘‘(1) to advance research, development, and 

20 demonstration of marine energy technologies; 

21 ‘‘(2) to support in-water testing and demonstra22 tion of marine energy technologies, including facili23 ties capable of testing— 

24 ‘‘(A) marine energy systems of various 

25 technology readiness levels and scales; 


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1 ‘‘(B) a variety of technologies in multiple 

2 test berths at a single location; and 

3 ‘‘(C) arrays of technology devices; and 

4 ‘‘(3) to serve as information clearinghouses for 

5 the marine energy industry by collecting and dis6 seminating information on best practices in all areas 

7 relating to developing and managing marine energy 

8 resources and energy systems. 

9 ‘‘(c) COST SHARING.—The Secretary shall carry out 

10 the program under this section in accordance with section 

11 988(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 

12 16352(b)(4)).’’. 

13 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 636 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17215) is amended by striking 

16 ‘‘$50,000,000 for each of the fiscal years 2008 through 

17 2012’’ and inserting ‘‘$150,000,000 for each of fiscal 

18 years 2020 and 2021’’. 

Æ 


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