IB 
Union Calendar No. 272 
109TH CONGRESS 
2D SESSION 
H. R. 1071 
[Report No. 109–380, Part I] 
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 
FEBRUARY 28, 2006 
Reported with an amendment and referred to the Committee on Energy and 
Commerce for a period ending not later than March 31, 2006, for consid-
eration of such provisions of the bill and amendment as fall within the 
jurisdiction of that committee pursuant to clause 1(f), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
MARCH 31, 2006 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than May 26, 2006 
MAY 26, 2006 
Additional 
sponsors: 
Mr. 
MCGOVERN, 
Ms. 
ROYBAL-ALLARD, 
Mrs. 
NAPOLITANO, Mr. HAYWORTH, Mr. CALVERT, Mr. BROWN of South 
Carolina, Mr. FOLEY, Ms. GINNY BROWN-WAITE of Florida, Mr. CASE, 
Ms. ROS-LEHTINEN, Mr. LINCOLN
DIAZ-BALART
of Florida, Mr. 
HASTINGS of Florida, Mr. FILNER, Mrs. DAVIS of California, Mr. 
HUNTER, Mr. CUNNINGHAM, Mr. ISSA, Mr. BOYD, Mr. SHAW, Mr. DOO-
LITTLE, Mr. MARIO DIAZ-BALART of Florida, Ms. HARMAN, Mr. COSTA, 
Mr. GARY G. MILLER of California, Mr. GONZALEZ, Mr. INSLEE, and 
Mr. BILIRAKIS 
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MAY 26, 2006 
Committee on Energy and Commerce discharged; committed to the Committee 
of the Whole House on the State of the Union, and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 3, 2005] 
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 Water 
Supply Shortage Prevention Act of 2005’’. 
SEC. 2. DEFINITIONS. 
(a) QUALIFIED DESALINATION FACILITY.—The term 
‘‘qualified desalination facility’’ 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 1000 
parts per million total dissolved solids; and 
(2) is owned or operated by— 
(A) a State or any political subdivision, 
agency, authority, or instrumentality of a State; 
(B) an Indian tribe; or 
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(C) a corporation responsible for providing 
municipal water service pursuant to State or 
tribal law; 
(3) 
is 
first 
used 
to 
produce 
commercial 
desalinated water for sale during the 10-year period 
beginning on October 1 of the first fiscal year occur-
ring after the date of the enactment of this Act; and 
(4) uses the best available technology as deter-
mined by the Secretary. 
(b) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ means 
with respect to the contiguous 48 states, any federally recog-
nized Indian tribe, organized band, pueblo, or community 
and with respect to Alaska, the Metlakatla Indian Commu-
nity. 
(c) SECRETARY.—The term ‘‘Secretary ’’ means the 
Secretary of Energy. 
(d) STATE.—The term ‘‘State’’ means the several 
States, the District of Columbia, Puerto Rico, American 
Samoa, the Virgin Islands, Guam, and the Northern Mar-
iana Islands. 
SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE 
PAYMENTS. 
(a) INCENTIVE PAYMENTS.—The Secretary shall make 
incentive payments in an amount determined under sub-
section (d) to the owners or operators of qualified desalina-
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tion facilities to partially offset the cost of electrical energy 
required to operate such facilities. 
(b) AGREEMENT; DEADLINE.—The Secretary may not 
make any payment to the owner or operator of a qualified 
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. 
(c) PAYMENT PERIOD.—The Secretary may make pay-
ments to the owner or operator of a qualified desalination 
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. 
(d) 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 (c). For any facility, the amount of such pay-
ment shall be 62 cents for every thousand gallons of 
desalinated water produced and sold, adjusted as pro-
vided in paragraph (2). 
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