I 117th CONGRESS 2d Session H. R. 9399 IN THE HOUSE OF REPRESENTATIVES December 1, 2022 Mr. Tonko (for himself and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , 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 committee concerned A BILL To require assessments of opportunities to install and maintain floating photovoltaic solar panels at Corps of Engineers and Bureau of Reclamation projects, and for other purposes.

1. Short title This Act may be cited as the Protect Our Waters and Expand Renewables on Our Reservoirs Act or the POWER Our Reservoirs Act . 2. Floating solar energy at Corps of Engineers projects (a) Assessment (1) In general The Chief of Engineers shall, at Federal expense, conduct an assessment, in consultation with the Secretary of Energy, of opportunities to install and maintain floating photovoltaic solar panels at Corps of Engineers projects. (2) Contents In carrying out paragraph (1), the Chief of Engineers shall— (A) describe the economic, environmental, and technical viability of installing and maintaining, or contracting with third parties to install and maintain, floating photovoltaic solar panels at Corps of Engineers projects; (B) identify Corps of Engineers projects with a high potential for the installation and maintenance of floating photovoltaic solar panels, and whether such installation and maintenance would require additional authorization; (C) account for potential effects on Corps of Engineers projects, and the authorized purposes of such projects, of installing and maintaining floating photovoltaic solar panels at such projects, including potential effects related to evaporation suppression, energy yield, dam safety, recreation, water quality, and fish and wildlife; (D) account for potential damage to floating photovoltaic solar panels from weather, water level fluctuations, and recreational and other uses of the Corps of Engineers projects; and (E) account for the availability of electric grid infrastructure close to Corps of Engineers projects, including underutilized transmission infrastructure. (b) Report to Congress Not later than 18 months after the date of enactment of this Act, the Chief of Engineers shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a). (c) Sustainability reports Beginning not later than 24 months after the date of enactment of this Act, the Chief of Engineers shall include renewable energy from floating photovoltaic solar panels as part of any Sustainability Report and Implementation Plan of the Corps of Engineers. (d) Pilot program (1) In general Not later than 24 months after the date of enactment of this Act, if supported by the results of the assessment conducted under subsection (a), the Chief of Engineers shall establish a pilot program for the deployment of floating photovoltaic solar panels at Corps of Engineers projects identified under paragraph (2)(B) of such subsection with respect to which any applicable non-Federal interest for the project— (A) agrees to invest in and deploy floating photovoltaic solar panels; and (B) has the authority to enter into agreements, including through public-private partnerships, for the purpose of carrying out such activities. (2) Cost share In carrying out a project under this subsection, the Chief of Engineers may cover up to 100 percent of the cost of such project. (e) Authorization of appropriations There is authorized to be appropriated to the Chief of Engineers $12,000,000, to remain available until expended, to carry out this section. (f) No effect on project purposes Nothing in this section affects the authorized purposes of a Corps of Engineers project. (g) Definitions In this section: (1) Chief of Engineers The term Chief of Engineers means the Secretary of the Army, acting through the Chief of Engineers. (2) Corps of Engineers project The term Corps of Engineers project means any water resources development project constructed by the Chief of Engineers or for which the Chief of Engineers has financial or operational responsibility. 3. Floating solar energy at Bureau of Reclamation projects (a) Assessment (1) In general The Commissioner shall, at Federal expense, conduct an assessment, in consultation with the Secretary of Energy, of opportunities to install and maintain floating photovoltaic solar panels at Reclamation projects. (2) Contents In carrying out paragraph (1), the Commissioner shall— (A) describe the economic, environmental, and technical feasibility of installing and maintaining, or contracting with third parties to install and maintain, photovoltaic solar panels at Reclamation projects; (B) identify Reclamation projects with a high potential for the installation and maintenance of floating photovoltaic solar panels, and whether such installation and maintenance would require additional authorization; (C) account for potential effects on Reclamation projects, and the authorized purposes of such projects, of installing and maintaining floating photovoltaic solar panels at such projects, including potential effects related to evaporation suppression, energy yield, dam safety, recreation, water quality, and fish and wildlife; (D) account for potential damage to floating photovoltaic solar panels from weather, water level fluctuations, and recreational and other uses of the Reclamation projects; and (E) account for the availability of electric grid infrastructure close to Reclamation projects, including underutilized transmission infrastructure. (b) Report to congress Not later than 18 months after the date of enactment of this Act, the Commissioner shall submit to Congress, and make publicly available (including on a publicly available website), a report containing the results of the assessment conducted under subsection (a). (c) Pilot program (1) In general Not later than 24 months after the date of enactment of this Act, if supported by the results of the assessment conducted under subsection (a), the Commissioner shall establish a pilot program for the deployment of floating photovoltaic solar panels at Reclamation projects identified under paragraph (2)(B) of such subsection with respect to which any applicable non-Federal entity for the project— (A) agrees to invest in and deploy floating photovoltaic solar panels; and (B) has the authority to enter into agreements, including through public-private partnerships, for the purpose of carrying out such activities. (2) Cost share In carrying out a project under this subsection, the Commissioner may cover up to 100 percent of the cost of such project. (d) Authorization of appropriations There is authorized to be appropriated to the Commissioner $12,000,000, to remain available until expended, to carry out this section. (e) No effect on project purposes Nothing in this section affects the authorized purposes of a Reclamation project. (f) Definitions In this section: (1) Commissioner The term Commissioner means the Secretary of the Interior, acting through the Commissioner of Reclamation. (2) Reclamation project The term Reclamation project means— (A) any reclamation or irrigation project, including incidental features of the project— (i) that is authorized by the Federal reclamation laws; (ii) that is constructed by the United States pursuant to the Federal reclamation laws; or (iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the Federal reclamation laws; or (B) any project constructed by the Secretary of the Interior for the reclamation of land.