I 
109TH CONGRESS 
1ST SESSION H. R. 1071 
To direct the Secretary of Energy to make incentive payments to the owners 
or operators of qualified desalination facilities to partially offset the 
cost of electrical energy required to operate such facilities, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2005 
Mr. DAVIS of Florida (for himself and Mr. GIBBONS) introduced the following 
bill; which was referred to the Committee on Resources 
A BILL 
To direct the Secretary of Energy to make incentive pay-
ments to the owners or operators of qualified desalination 
facilities to partially offset the cost of electrical energy 
required to operate such facilities, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Desalination Drought 
Protection Act of 2005’’.
SEC. 2. DESALINATED WATER PRODUCTION INCENTIVE 
PAYMENTS. 
(a) INCENTIVE PAYMENTS.—The Secretary of En-
ergy (in this Act referred to as the ‘‘Secretary’’) shall 
make incentive payments in an amount determined under 
subsection (e) to the owners or operators of qualified de-
salination facilities to partially offset the cost of electrical 
energy required to operate such facilities. 
(b) QUALIFIED DESALINATION FACILITY.—For pur-
poses of this section, the term ‘‘qualified desalination facil-
ity’’ means a facility that— 
(1) produces for sale to domestic customers 
desalinated seawater, brackish groundwater, or sur-
face water whose source water is greater than 1,000 
parts per million total dissolved solids; 
(2) is owned or operated by— 
(A) a State or any political subdivision, 
agency, authority, or instrumentality of a State; 
or 
(B) a corporation responsible for providing 
municipal water service pursuant to State law; 
and 
(3) is first used to produce desalinated water 
during the 10-year period beginning on October 1 of 
the first full fiscal year occurring after the date of 
the enactment of this section.
(c) AGREEMENT; DEADLINE.—The Secretary may 
not make any payment to the owner or operator of a quali-
fied desalination facility under this section, unless not 
later than the end of fiscal year 2016 the Secretary enters 
into a written agreement with the owner or operator to 
make such payment. 
(d) PAYMENT PERIOD.—The Secretary may make 
payments to the owner or operator of a qualified desalina-
tion facility under this section for a period not to exceed 
10 years— 
(1) beginning on the date on which the facility 
is first used to produce desalinated water; and 
(2) ending not later than September 30, 2026. 
(e) AMOUNT OF PAYMENT.— 
(1) IN GENERAL.—Payments made by the Sec-
retary under this section to the owner or operator of 
any qualified desalination facility shall be based on 
the amount of desalinated water produced by the fa-
cility during the payment period described in sub-
section (d). For any facility, the amount of such 
payment shall be 62 cents for every thousand gallons 
of desalinated water produced and sold, adjusted as 
provided in paragraph (2). 
(2) ADJUSTMENTS.—The amount of the pay-
ment made to any person under this subsection as