I 
116TH CONGRESS 
1ST SESSION H. R. 3723 
To promote desalination project development and drought resilience, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2019 
Mr. LEVIN of California (for himself and Mr. HUFFMAN) introduced the fol-
lowing bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Science, Space, and Technology, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To promote desalination project development and drought 
resilience, and for other purposes. 
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 Develop-
ment Act’’. 
SEC. 2. DESALINATION PROJECTS AUTHORIZATION. 
Section 4(a) of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104–298) is amended 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS
by striking the second paragraph (1) (relating to projects) 
and inserting the following: 
‘‘(2) PROJECTS.— 
‘‘(A) DEFINITION OF ELIGIBLE DESALINA-
TION PROJECT.—In this paragraph, the term 
‘eligible desalination project’ means any project 
located in a Reclamation State that— 
‘‘(i) involves an ocean or brackish 
water desalination facility— 
‘‘(I) constructed, operated, and 
maintained by a State, Indian Tribe, 
irrigation district, water district, or 
other organization with water or 
power delivery authority; or 
‘‘(II) sponsored or funded by any 
State, department of a State, subdivi-
sion of a State, or public agency orga-
nized pursuant to State law, includ-
ing— 
‘‘(aa) direct sponsorship or 
funding; or 
‘‘(bb) indirect sponsorship or 
funding, such as by paying for 
the water provided by the facility; 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS
‘‘(ii) provides a Federal benefit in ac-
cordance with the reclamation laws; and 
‘‘(iii) is consistent with all applicable 
State and Federal resource protection laws 
including the protection of marine pro-
tected areas. 
‘‘(B) FEDERAL SHARE.—Subject to the re-
quirements of this paragraph, the Secretary 
may participate in an eligible desalination 
project in an amount equal to not more than 25 
percent of the total cost of the eligible desalina-
tion project. 
‘‘(C) STATE ROLE.—Participation by the 
Secretary in an eligible desalination project 
under this paragraph shall not occur unless— 
‘‘(i)(I) the eligible desalination project 
is included in a State-approved plan; or 
‘‘(II) the participation has been re-
quested by the Governor of the State in 
which the eligible desalination project is lo-
cated; and 
‘‘(ii) the State or local sponsor of the 
eligible desalination project determines, 
and the Secretary concurs, that— 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS
‘‘(I) 
the 
eligible 
desalination 
project— 
‘‘(aa) is technically and fi-
nancially feasible; 
‘‘(bb) provides a Federal 
benefit in accordance with the 
reclamation laws; and 
‘‘(cc) is consistent with ap-
plicable State laws, State regula-
tions, State coastal zone manage-
ment plans and other State plans 
such as California’s Water Qual-
ity Control Plan for the Ocean 
Waters in California; 
‘‘(II) sufficient non-Federal fund-
ing is available to complete the eligible 
desalination project; and 
‘‘(III) the eligible desalination 
project sponsors are financially sol-
vent; and 
‘‘(iii) the Secretary submits to Con-
gress a written notification of the deter-
minations under clause (ii) by not later 
than 30 days after the date of the deter-
minations. 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS
‘‘(D) ENVIRONMENTAL LAWS.—In partici-
pating in an eligible desalination project under 
this paragraph, the Secretary shall comply with 
all applicable environmental laws, including, but 
not limited to, the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) and 
State laws implementing the Coastal Zone Man-
agement Act. 
‘‘(E) INFORMATION.—In participating in 
an eligible desalination project under this sub-
section, the Secretary— 
‘‘(i) may rely on reports prepared by 
the sponsor of the eligible desalination 
project, including feasibility or equivalent 
studies, environmental analyses, and other 
pertinent reports and analyses; but 
‘‘(ii) shall retain responsibility for 
making the independent determinations de-
scribed in subparagraph (C). 
‘‘(F) FUNDING.— 
‘‘(i) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this paragraph 
$260,000,000 for the period of fiscal years 
2020 through 2024. 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS
‘‘(ii) CONGRESSIONAL APPROVAL INI-
TIALLY REQUIRED.— 
‘‘(I) IN GENERAL.—Each initial 
award under this paragraph for de-
sign and study or for construction of 
an eligible desalination project shall 
be approved by an Act of Congress. 
‘‘(II) 
RECLAMATION
REC-
OMMENDATIONS.—The Commissioner 
of Reclamation shall submit rec-
ommendations regarding the initial 
award of preconstruction and con-
struction funding for consideration 
under subclause (I) to— 
‘‘(aa) the Committee on Ap-
propriations of the Senate; 
‘‘(bb) the Committee on En-
ergy and Natural Resources of 
the Senate; 
‘‘(cc) the Committee on Ap-
propriations of the House of Rep-
resentatives; and 
‘‘(dd) the Committee on 
Natural Resources of the House 
of Representatives. 
VerDate Sep 11 2014 
23:46 Jul 19, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3723.IH
H3723
kjohnson on DSK79L0C42 with BILLS