[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4712 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4712
To promote desalination project development and drought resilience, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2021
Mr. Levin of California (for himself and Mr. Huffman) introduced the
following 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 committee concerned
_______________________________________________________________________
A BILL
To promote desalination project development and drought resilience, 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 ``Desalination Development 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 by striking the second paragraph
(1) (relating to projects) and inserting the following:
``(2) Projects.--
``(A) Definition of eligible desalination
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,
subdivision of a State, or public
agency organized pursuant to State law,
including--
``(aa) direct sponsorship
or funding; or
``(bb) indirect sponsorship
or funding, such as by paying
for the water provided by the
facility;
``(ii) provides a Federal benefit in
accordance with the reclamation laws; and
``(iii) is consistent with all applicable
State and Federal resource protection laws
including the protection of marine protected
areas.
``(B) Definition of designated desalination
project.--The term `designated desalination project'
means an eligible desalination project that--
``(i) is an ocean desalination project that
uses a subsurface intake;
``(ii) has a total estimated cost of
$80,000,000 or less; and
``(iii) is designed to serve a community or
group of communities that collectively import
more than 75 percent of their water supplies.
``(C) Cost-sharing requirement.--
``(i) In general.--Subject to the
requirements of this paragraph, the Federal
share of an eligible desalination project
carried out under this subsection shall be--
``(I) not more than 25 percent of
the total cost of the eligible
desalination project; or
``(II) in the case of a designated
desalination project, the applicable
percentage determined in accordance
with clause (ii).
``(ii) Cost-sharing requirement for
construction costs.--In the case of a
designated desalination project carried out
under this subsection, the Federal share of the
cost of construction of the designated
desalination project shall not exceed the
greater of--
``(I) 35 percent of the total cost
of construction, up to a Federal cost
of $20,000,000; or
``(II) 25 percent of the total cost
of construction.
``(D) 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 requested
by the Governor of the State in which the
eligible desalination project is located; and
``(ii) the State or local sponsor of the
eligible desalination project determines, and
the Secretary concurs, that--
``(I) the eligible desalination
project--
``(aa) is technically and
financially feasible;
``(bb) provides a Federal
benefit in accordance with the
reclamation laws; and
``(cc) is consistent with
applicable State laws, State
regulations, State coastal zone
management plans and other
State plans such as
California's Water Quality
Control Plan for the Ocean
Waters in California;
``(II) sufficient non-Federal
funding is available to complete the
eligible desalination project; and
``(III) the eligible desalination
project sponsors are financially
solvent; and
``(iii) the Secretary submits to Congress a
written notification of the determinations
under clause (ii) by not later than 30 days
after the date of the determinations.
``(E) Environmental laws.--In participating 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 Policy Act of 1969 (42 U.S.C.
4321 et seq.) and State laws implementing the Coastal
Zone Management Act.
``(F) Information.--In participating in an eligible
desalination project under this subsection, 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 described
in subparagraph (C).
``(G) Funding.--
``(i) Authorization of appropriations.--
There is authorized to be appropriated to carry
out this paragraph $260,000,000 for the period
of fiscal years 2020 through 2024.
``(ii) Congressional approval initially
required.--
``(I) In general.--Each initial
award under this paragraph for design
and study or for construction of an
eligible desalination project shall be
approved by an Act of Congress.
``(II) Reclamation
recommendations.--The Commissioner of
Reclamation shall submit
recommendations regarding the initial
award of preconstruction and
construction funding for consideration
under subclause (I) to--
``(aa) the Committee on
Appropriations of the Senate;
``(bb) the Committee on
Energy and Natural Resources of
the Senate;
``(cc) the Committee on
Appropriations of the House of
Representatives; and
``(dd) the Committee on
Natural Resources of the House
of Representatives.
``(iii) Subsequent funding awards.--After
approval by Congress of an initial award of
preconstruction or construction funding for an
eligible desalination project under clause
(ii), the Commissioner of Reclamation may award
additional preconstruction or construction
funding, respectively, for the eligible
desalination project without further
congressional approval.''.
SEC. 3. PRIORITIZATION FOR PROJECTS.
Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by striking subsection (c) and
inserting the following:
``(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary and the
Commissioner of Reclamation shall each prioritize projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized
funding for research and development of desalination
technologies and projects;
``(3) that demonstrably reduce a reliance on imported water
supplies that have an impact on species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(4) that, in a measurable and verifiable manner, reduce a
reliance on imported water supplies from imperiled ecosystems
such as the Sacramento-San Joaquin River Delta;
``(5) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel;
``(6) that maximize use of renewable energy to power
desalination facilities;
``(7) that maximize energy efficiency so that the lifecycle
energy demands of desalination are minimized;
``(8) located in regions that have employed strategies to
increase water conservation and the capture and recycling of
wastewater and stormwater; and
``(9) that meet the following criteria if they are ocean
desalination facilities--
``(A) utilize a subsurface intake or, if a
subsurface intake is not technologically feasible, an
intake that uses the best available site, design,
technology, and mitigation measures to minimize the
mortality of all forms of marine life and impacts to
coastal dependent resources;
``(B) are sited and designed to ensure that the
disposal of wastewaters including brine from the
desalination process--
``(i) are not discharged to impaired bodies
of water, or State or Federal Marine Protected
Areas; and
``(ii) achieve ambient salinity levels
within a reasonable distance from the discharge
point;
``(C) are sited, designed, and operated in a manner
that maintains indigenous marine life and a healthy and
diverse marine community;
``(D) do not cause significant unmitigated harm to
aquatic life; and
``(E) include a construction and operation plan
designed to minimize loss of coastal habitat as well as
aesthetic, noise, and air quality impacts.''.
SEC. 4. RECOMMENDATIONS TO CONGRESS.
In determining project recommendations to Congress under section
4(a)(2)(F)(ii)(II) of the Water Desalination Act of 1996, the
Commissioner of Reclamation shall establish a priority scoring system
that assigns priority scores to each project evaluated based on the
prioritization criteria of section 4(c) of the Water Desalination Act
of 1996 (42 U.S.C. 10301 note; Public Law 104-298).
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