[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6084 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6084
To provide for a program of hydropower, pumped storage, and marine
energy research, development, demonstration, and commercial
application, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2020
Ms. Bonamici (for herself, Mr. Young, Mr. Deutch, Mr. McKinley, and Ms.
Johnson of Texas) introduced the following bill; which was referred to
the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To provide for a program of hydropower, pumped storage, and marine
energy research, development, demonstration, and commercial
application, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Power Research and Development
Act''.
SEC. 2. WATER POWER RESEARCH AND DEVELOPMENT.
(a) In General.--Subtitle C of title VI of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read
as follows:
``Subtitle C--Water Power Research and Development
``SEC. 631. SHORT TITLE.
``This subtitle may be cited as the `Water Power Research and
Development Act'.
``SEC. 632. DEFINITIONS.
``In this subtitle:
``(1) Eligible entity.--The term `eligible entity' means
any of the following entities:
``(A) An institution of higher education.
``(B) A National Laboratory.
``(C) A Federal research agency.
``(D) A State research agency.
``(E) A nonprofit research organization.
``(F) An industrial entity or a multi-institutional
consortium thereof.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(3) Marine energy.--The term `marine energy' means energy
from--
``(A) waves, tides, and currents in oceans,
estuaries, and tidal areas;
``(B) free flowing water in rivers, lakes, streams,
and man-made channels;
``(C) differentials in salinity and pressure
gradients; and
``(D) differentials in water temperature, including
ocean thermal energy conversion.
``(4) National laboratory.--The term `National Laboratory'
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).
``(5) Water power.--The term `water power' refers to
hydropower, including conduit power, pumped storage, and marine
energy technologies.
``(6) Microgrid.--The term `microgrid' has the meaning
given such term in section 641 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231).
``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION.
``The Secretary shall carry out a program to conduct research,
development, demonstration, and commercial application of water power
technologies in support of each of the following purposes:
``(1) To promote research, development, demonstration, and
commercial application of water power generation technologies
in order to increase capacity and reduce the cost of those
technologies.
``(2) To promote research and development to improve the
environmental impact of water power technologies.
``(3) To provide grid reliability and resilience, including
through technologies that facilitate new market opportunities,
such as ancillary services, for water power.
``(4) To promote the development of water power
technologies to improve economic growth in the water power
sector, including in coastal communities.
``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
``The Secretary shall conduct a program of research, development,
demonstration, and commercial application for technologies that improve
the capacity, efficiency, resilience, security, reliability,
affordability, and environmental impact, including potential cumulative
environmental impacts, of hydropower systems. In carrying out such
program, the Secretary shall prioritize activities designed to--
``(1) develop technology for--
``(A) non-powered dams, including aging and
potentially hazardous dams;
``(B) pumped storage;
``(C) constructed waterways;
``(D) new stream-reach development;
``(E) modular and small dams;
``(F) increased operational flexibility; and
``(G) enhancement of relevant existing facilities;
``(2) develop new strategies and technologies, including
analytical methods, physical and numerical tools, and advanced
computing, as well as methods to validate such methods and
tools, in order to--
``(A) extend the operational lifetime of hydropower
systems and their physical structures, while improving
environmental impact, including potential cumulative
environmental impacts;
``(B) assist in device and system design,
installation, operation, and maintenance; and
``(C) reduce costs, limit outages, and increase
unit and plant efficiencies, including by examining the
impact of changing water and electricity demand on
hydropower generation, flexibility, and provision of
grid services;
``(3) study, in conjunction with other relevant Federal
agencies as appropriate, methods to improve the hydropower
licensing process, including by compiling current and accepted
best practices, public comments, and methodologies to assess
the full range of potential environmental and economic impacts;
``(4) identify opportunities for joint research,
development, and demonstration programs between hydropower
systems, which may include--
``(A) pumped storage systems and other renewable
energy systems;
``(B) small hydro facilities and other energy
storage systems;
``(C) other hybrid energy systems;
``(D) small hydro facilities and critical
infrastructure, including water infrastructure; and
``(E) hydro facilities and responsive load
technologies, which may include smart buildings and
city systems;
``(5) improve the reliability of hydropower technologies,
including during extreme weather events;
``(6) develop methods and technologies to improve
environmental impact, including potential cumulative
environmental impacts, of hydropower and pumped storage
technologies, including potential impacts on wildlife, such
as--
``(A) fisheries;
``(B) aquatic life and resources;
``(C) navigation of waterways; and
``(D) upstream and downstream environmental
conditions, including sediment movement, water quality,
and flow volumes;
``(7) identify ways to increase power generation by--
``(A) diversifying plant configuration options;
``(B) improving pump-back efficiencies;
``(C) investigating multi-phase systems;
``(D) developing, testing, and monitoring advanced
generators with faster cycling times, variable speeds,
and improved efficiencies;
``(E) developing, testing, and monitoring advanced
turbines capable of improving environmental impact,
including potential cumulative environmental impacts,
including small turbine designs;
``(F) developing standardized powertrain
components;
``(G) developing components with advanced materials
and manufacturing processes, including additive
manufacturing; and
``(H) developing analytical tools that enable
hydropower to provide grid services that, amongst other
services, improve grid integration of other energy
sources;
``(8) advance new pumped storage technologies, including--
``(A) systems with adjustable speed and other new
pumping and generating equipment designs;
``(B) modular systems;
``(C) alternative closed-loop systems, including
mines and quarries; and
``(D) other innovative equipment and materials as
determined by the Secretary;
``(9) reduce civil works costs and construction times for
hydropower and pumped storage systems, including comprehensive
data and systems analysis of hydropower and pumped storage
construction technologies and processes in order to identify
areas for whole-system efficiency gains;
``(10) advance efficient and reliable integration of
hydropower and pumped storage systems with the electric grid
by--
``(A) improving methods for operational forecasting
of renewable energy systems to identify opportunities
for hydropower applications in pumped storage and
hybrid energy systems, including forecasting of
seasonal and annual energy storage;
``(B) considering aggregating small distributed
hydropower assets; and
``(C) identifying barriers to grid scale
implementation of hydropower and pumped storage
technologies;
``(11) improve computational fluid dynamic modeling
methods;
``(12) improve flow measurement methods, including
maintenance of continuous flow measurement equipment;
``(13) identify best methods for compiling data on all
hydropower resources and assets, including identifying
potential for increased capacity; and
``(14) identify mechanisms to test and validate performance
of hydropower and pumped storage technologies.
``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
``(a) In General.--The Secretary, in consultation with the
Department of Defense, Secretary of Commerce (acting through the Under
Secretary of Commerce for Oceans and Atmosphere) and other relevant
Federal agencies, shall conduct a program of research, development,
demonstration, and commercial application of marine energy technology,
including activities to--
``(1) assist technology development to improve the
components, processes, and systems used for power generation
from marine energy resources at a variety of scales;
``(2) establish and expand critical testing infrastructure
and facilities necessary to--
``(A) demonstrate and prove marine energy devices
at a range of scales in a manner that is cost-effective
and efficient; and
``(B) accelerate the technological readiness and
commercial application of such devices;
``(3) address marine energy resource variability issues,
including through the application of energy storage
technologies;
``(4) advance efficient and reliable integration of marine
energy with the electric grid, which may include smart building
systems;
``(5) identify and study critical short-term and long-term
needs to maintaining a sustainable marine energy supply chain
based in the United States;
``(6) increase the reliability, security, and resilience of
marine energy technologies;
``(7) validate the performance, reliability,
maintainability, and cost of marine energy device designs and
system components in an operating environment;
``(8) consider the protection of critical infrastructure,
such as adequate separation between marine energy devices and
submarine telecommunications cables, including through the
development of voluntary, consensus-based standards for such
purposes;
``(9) identify opportunities for crosscutting research,
development, and demonstration programs between existing energy
research programs;
``(10) identify and improve, in conjunction with the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, and other relevant Federal
agencies as appropriate, the environmental impact, including
potential cumulative environmental impacts, of marine energy
technologies, including--
``(A) potential impacts on fisheries and other
marine resources; and
``(B) developing technologies, including mechanisms
for self-evaluation, and other means available for
improving environmental impact, including potential
cumulative environmental impacts;
``(11) identify, in consultation with relevant Federal
agencies, potential navigational impacts of marine energy
technologies and strategies to prevent possible adverse
impacts, in addition to opportunities for marine energy systems
to aid the United States Coast Guard, such as remote sensing
for coastal border security;
``(12) develop numerical and physical tools, including
models and monitoring technologies, to assist industry in
device and system design, installation, operation, and
maintenance, including methods to validate such tools;
``(13) support materials science as it relates to marine
energy technology, such as the development of corrosive-
resistant materials;
``(14) improve marine energy resource forecasting and
general understanding of aquatic system behavior, including
turbulence and extreme conditions;
``(15) develop metrics and voluntary, consensus-based
standards, in coordination with the National Institute of
Standards and Technology and appropriate standard development
organizations, for marine energy components, systems, and their
testing, including--
``(A) sensors and instrumentation used in measuring
impacts and performance of marine energy technologies;
and
``(B) sensors and instrumentation used to measure
environmental conditions;
``(16) enhance integration with hybrid energy systems,
including desalination;
``(17) identify opportunities to integrate marine energy
technologies into new and existing infrastructure; and
``(18) to develop technology necessary to support the use
of marine energy--
``(A) for the generation and storage of power at
sea; and
``(B) for the generation and storage of power to
promote the resilience of coastal communities,
including in applications relating to--
``(i) desalination;
``(ii) disaster recovery and resilience;
and
``(iii) community microgrids in isolated
power systems.
``(b) Study of Non-Power Sector Applications for Advanced Marine
Energy Technologies.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Commerce,
shall conduct a study to examine opportunities for research and
development in advanced marine energy technologies for non-
power sector applications, including applications with respect
to--
``(A) the maritime transportation sector;
``(B) associated maritime energy infrastructure,
including infrastructure that serves ports, to improve
system resilience and disaster recovery; and
``(C) enabling scientific missions at sea and in
extreme environments, including the Arctic.
``(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report that describes the results of the
study conducted under paragraph (1).
``SEC. 636. NATIONAL MARINE ENERGY CENTERS.
``(a) In General.--The Secretary shall award grants, each such
grant up to $10,000,000 per year, to institutions of higher education
(or consortia thereof) for--
``(1) the continuation and expansion of the research,
development, demonstration, testing, and commercial application
activities at the National Marine Energy Centers (referred to
in this section as `Centers') established as of January 1,
2020; and
``(2) the establishment of new National Marine Energy
Centers.
``(b) Location Selection.--In selecting institutions of higher
education for new Centers, the Secretary shall consider the following
criteria:
``(1) Whether the institution hosts an existing marine
energy research and development program.
``(2) Whether the institution has proven technical
expertise to support marine energy research.
``(3) Whether the institution has access to marine
resources.
``(c) Purposes.--The Centers shall coordinate among themselves, the
Department, and National Laboratories to--
``(1) advance research, development, demonstration, and
commercial application of marine energy technologies in
response to industry and commercial needs;
``(2) support in-water testing and demonstration of marine
energy technologies, including facilities capable of testing--
``(A) marine energy systems of various technology
readiness levels and scales;
``(B) a variety of technologies in multiple test
berths at a single location;
``(C) arrays of technology devices; and
``(D) interconnectivity to an electrical grid,
including microgrids; and
``(3) collect and disseminate information on best practices
in all areas relating to developing and managing marine energy
resources and energy systems.
``(d) Coordination.--To the extent practicable, the Centers shall
coordinate their activities with the Secretary of Commerce, acting
through the Undersecretary of Commerce for Oceans and Atmosphere, and
other relevant Federal agencies.
``(e) Termination.--To the extent otherwise authorized by law, the
Secretary may terminate funding for a Center described in paragraph (a)
if such Center is under-performing.
``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
``(a) Coordination.--In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage cross-cutting
research priorities across programs of the Department and other
relevant Federal agencies, including the National Laboratories and the
National Marine Energy Centers.
``(b) Collaboration.--
``(1) In general.--In carrying out this subtitle, the
Secretary shall collaborate with industry, National
Laboratories, other relevant Federal agencies, institutions of
higher education, including Minority Serving Institutions,
National Marine Energy Centers, Tribal entities, including
Alaska Native Corporations, and international bodies with
relevant scientific and technical expertise.
``(2) Participation.--To the extent practicable, the
Secretary shall encourage research projects that promote
collaboration between entities specified in paragraph (1) and
include entities not historically associated with National
Marine Energy Centers, such as Minority Serving Institutions.
``(3) International collaboration.--The Secretary of
Energy, in coordination with other appropriate Federal and
multilateral agencies (including the United States Agency for
International Development) shall support collaborative efforts
with international partners to promote the research,
development, and demonstration of water power technologies used
to develop hydropower, pump storage, and marine energy
resources.
``(c) Dissemination of Results and Public Availability.--The
Secretary shall--
``(1) publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including
information discovered after the completion of such projects,
withholding any industrial proprietary information; and
``(2) share results of such projects with the public except
to the extent that the information is protected from disclosure
under section 552(b) of title 5, United States Code.
``(d) Award Frequency.--The Secretary shall solicit applications
for awards under this subtitle no less frequently than once per fiscal
year.
``(e) Education and Outreach.--In carrying out the activities
described in this subtitle, the Secretary shall support education and
outreach activities to disseminate information and promote public
understanding of water power technologies and the water power
workforce, including activities at the National Marine Energy Centers.
``(f) Technical Assistance and Workforce Development.--In carrying
out this subtitle, the Secretary may also conduct, for purposes of
supporting technical, non-hardware, and information-based advances in
water power systems development and operations--
``(1) technical assistance and analysis activities with
eligible entities, including activities that support expanding
access to advanced water power technologies for rural, Tribal,
and low-income communities; and
``(2) workforce development and training activities,
including to support the dissemination of standards and best
practices for enabling water power production.
``(g) Strategic Plan.--In carrying out the activities described in
this subtitle, the Secretary shall--
``(1) not later than one year after the date of the
enactment of the Water Power Research and Development Act,
draft a plan, considering input from relevant stakeholders such
as industry and academia, to implement the programs described
in this subtitle and update the plan on an annual basis; and
``(2) the plan shall address near-term (up to 2 years),
mid-term (up to 7 years), and long-term (up to 15 years)
challenges to the advancement of water power systems.
``(h) Report to Congress.--Not later than 1 year after the date of
the enactment of the Water Power Research and Development Act, and at
least once every 2 years thereafter, the Secretary shall provide, and
make available to the public and the relevant authorizing and
appropriations committees of Congress, a report on the findings of
research conducted and activities carried out pursuant to this
subtitle, including the most current strategic plan under subsection
(g) and the progress made in implementing such plan.
``SEC. 638. APPLICABILITY OF OTHER LAWS.
``Nothing in this subtitle shall be construed as waiving,
modifying, or superseding the applicability of any requirement under
any environmental or other Federal or State law.
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary to carry
out this subtitle--
``(1) $152,750,000 for fiscal year 2021, including
$112,580,000 for marine energy and $40,170,000 for hydropower
research, development, and demonstration activities;
``(2) $157,678,300 for fiscal year 2022, including
$116,303,200 for marine energy and $41,375,100 for hydropower
research, development, and demonstration activities;
``(3) $162,791,915 for fiscal year 2023, including
$120,175,562 for marine energy and $42,616,353 for hydropower
research, development, and demonstration activities;
``(4) $168,098,139 for fiscal year 2024, including
$124,203,295 for marine energy and $43,894,844 for hydropower
research, development, and demonstration activities; and
``(5) $173,604,558 for fiscal year 2025, including
$128,392,869 for marine energy and $45,211,689 for hydropower
research, development, and demonstration activities.''.
(b) Conforming Table of Contents Amendment.--The table of contents
for the Energy Independence and Security Act of 2007 is amended by
striking the items relating to subtitle C of title VI and inserting the
following:
``Subtitle C--Water Power Research and Development
``Sec. 631. Short title.
``Sec. 632. Definitions.
``Sec. 633. Water power technology research, development, and
demonstration.
``Sec. 634. Hydropower research, development, and demonstration.
``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.) is amended--
(1) in section 201(a), by striking ``ocean (including
tidal, wave, current, and thermal)'' and inserting ``marine'';
(2) in section 203(b)(2)--
(A) by striking ``ocean (including tidal, wave,
current, and thermal)'' and inserting ``marine''; and
(B) by adding at the end the following: ``For
purposes of this Act, the term `marine' has the meaning
given the term `marine energy' in section 632 of the
Water Power Research and Development Act.'';
(3) in section 931(a)(2)(E)(i), by striking ``ocean energy,
including wave energy'' and inserting ``marine energy (as
defined in section 632 of the Water Power Research and
Development Act)''; and
(4) in section 1833(a), by striking ``ocean energy
resources (including tidal, wave, and thermal energy)'' and
inserting ``marine energy resources''.
(b) Energy Policy Act of 1992.--Section 1212 of the Energy Policy
Act of 1992 (42 U.S.C. 13317) is amended--
(1) in subsection (a)(4)(A)(i), by striking ``ocean
(including tidal, wave, current, and thermal)'' and inserting
``marine (as defined in section 632 of the Water Power Research
and Development Act)'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine (as defined in section 632 of
the Water Power Research and Development Act)''; and
(3) in subsection (e)(1), in the first sentence, by
striking ``ocean (including tidal, wave, current, and
thermal)'' and inserting ``marine (as defined in section 632 of
the Water Power Research and Development Act)''.
(c) Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.--The Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et
seq.) is amended--
(1) in section 9(c) (42 U.S.C. 12006(c)), by striking
``ocean,'' and inserting ``marine,''; and
(2) in section 4 (42 U.S.C. 12003)--
(A) in subsection (a)(5), by striking ``Ocean'' and
inserting ``Marine''; and
(B) in subsection (c), in the matter preceding
paragraph (1), by striking ``Ocean'' and inserting
``Marine''.
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