II 118th CONGRESS 1st Session S. 1215 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. King introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require assessments of opportunities to install and maintain floating photovoltaic solar panels at Bureau of Reclamation and Corps of Engineers 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 Reclamation projects (a) Definitions In this section: (1) Commissioner The term Commissioner means 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 reclamation laws; (ii) that is constructed by the United States pursuant to the reclamation laws; or (iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or (B) any project constructed by the Secretary of the Interior for the reclamation of land. (b) Assessment (1) In general The Commissioner, in consultation with the Secretary of Energy and the relevant National Laboratories of the Department of Energy, shall conduct an assessment of opportunities to install and maintain floating photovoltaic solar panels at Reclamation projects. (2) Requirements In conducting the assessment under paragraph (1), the Commissioner shall— (A) determine 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) (i) identify Reclamation projects with a high potential for the installation and maintenance of floating photovoltaic solar panels, including which Reclamation projects are likely to have high cobenefits; and (ii) determine whether the installation and maintenance at Reclamation projects identified under clause (i) would require additional authorization; (C) account for potential effects and benefits on Reclamation projects and the authorized purposes of the Reclamation projects of installing and maintaining floating photovoltaic solar panels at the Reclamation projects, including— (i) evaporation suppression; (ii) energy yield; (iii) dam safety; (iv) recreation; (v) water quality; and (vi) fish and wildlife; (D) account for potential damage to floating photovoltaic solar panels from— (i) weather; (ii) water-level fluctuations; and (iii) recreational and other uses of the Reclamation projects; (E) (i) identify methods to monetarily quantify cobenefits of floating photovoltaic solar panel projects; and (ii) identify mechanisms to pass those benefits to project developers, and assess whether the use of such mechanisms may increase the viability of floating photovoltaic solar panel projects; and (F) account for the availability of electric grid infrastructure close to Reclamation projects, including underutilized transmission infrastructure. (3) 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 describing the results of the assessment conducted under paragraph (1). (c) Pilot program (1) In general Not later than 2 years after the date of enactment of this Act, if the Commissioner determines, based on the results of the assessment conducted under subsection (b), that establishing a pilot program is advisable, the Commissioner shall establish a pilot program under which the Commissioner, or an applicable non-Federal entity that is acting in partnership with the Commissioner, subject to paragraph (2), shall carry out projects to deploy floating photovoltaic solar panels at Reclamation projects identified under subsection (b)(2)(B). (2) Requirements To be eligible to carry out a project under paragraph (1), a non-Federal entity shall— (A) agree to invest in and deploy floating photovoltaic solar panels at the applicable Reclamation project; and (B) have the authority to enter into agreements, including through public-private partnerships, for the purpose of carrying out the applicable project under that paragraph. (3) Federal share The Federal share of the cost of carrying out a project under paragraph (1)— (A) shall not exceed 100 percent, in the case of a project carried out by the Commissioner; and (B) shall not exceed 50 percent, in the case of a project carried out by a non-Federal entity, acting in partnership with the Commissioner. (d) Authorization of appropriations There is authorized to be appropriated to the Commissioner to carry out this section $12,000,000 for fiscal year 2024, to remain available until expended. (e) No effect on project purposes Nothing in this section affects the authorized purposes of a Reclamation project. 3. Floating solar energy at Corps of Engineers projects (a) Definitions In this section: (1) Corps of Engineers project The term Corps of Engineers project means any water resources development project— (A) constructed by the Secretary; or (B) for which the Secretary has financial or operational responsibility. (2) Secretary The term Secretary means the Secretary of the Army. (b) Sustainability reports Beginning not later than 2 years after the date of enactment of this Act, the Secretary shall include renewable energy from floating photovoltaic solar panels as part of any sustainability report and implementation plan of the Corps of Engineers. (c) Pilot program (1) In general Not later than 2 years after the date of enactment of this Act, if supported by the results of the assessment conducted under subsection (a) of section 8232 of the Water Resources Development Act of 2022 ( Public Law 117–263 ), the Secretary shall establish a pilot program for the deployment of floating photovoltaic solar panels at Corps of Engineers projects identified under paragraph (2)(B) of that subsection under which the Secretary or an applicable non-Federal interest— (A) agrees to invest in and deploy floating photovoltaic solar panels; and (B) may enter into agreements, including through public-private partnerships, for the purpose of carrying out such activities. (2) Cost share The Federal share of the cost of a project carried out under this subsection shall be— (A) not more than 100 percent, in the case of a project carried out by the Secretary; and (B) not more than 50 percent, in the case of a project carried out by a non-Federal interest. (d) Funding (1) In general The Secretary shall carry out this section using amounts made available to the Secretary to carry out section 8232 of the Water Resources Development Act of 2022 ( Public Law 117–263 ) that are not otherwise obligated. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal year 2024, to remain available until expended. (e) No effect on project purposes Nothing in this section affects the authorized purposes of a Corps of Engineers project.