II Calendar No. 261 116TH CONGRESS 1ST SESSION S. 1821 [Report No. 116–141] To amend the Energy Independence and Security Act of 2007 to provide for research on, and the development and deployment of, marine energy, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 12, 2019 Mr. WYDEN (for himself, Mr. MERKLEY, Mr. KING, Mr. SCHATZ, Mr. REED, and Ms. HIRONO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources OCTOBER 23, 2019 Reported by Ms. MURKOWSKI, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To amend the Energy Independence and Security Act of 2007 to provide for research on, and the development and deployment of, marine energy, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 2 •S 1821 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Marine Energy Re- 2 search and Development Act of 2019’’. 3 SEC. 2. PURPOSE. 4 The purpose of this Act is to support marine energy 5 programs that— 6 (1) promote research on, and the development 7 of, increased energy generation and capacity at re- 8 duced costs; 9 (2) promote research and development activities 10 that improve environmental outcomes of marine en- 11 ergy technologies; 12 (3) provide grid stability and create new market 13 opportunities; and 14 (4) promote job creation in the energy sector. 15 SEC. 3. DEFINITION OF MARINE ENERGY. 16 (a) IN GENERAL.—Section 632 of the Energy Inde- 17 pendence and Security Act of 2007 (42 U.S.C. 17211) is 18 amended to read as follows: 19 ‘‘SEC. 632. DEFINITION OF MARINE ENERGY. 20 ‘‘In this subtitle, the term ‘marine energy’ means en- 21 ergy from— 22 ‘‘(1) waves, tides, and currents in oceans, estu- 23 aries, and tidal areas; 24 ‘‘(2) free-flowing hydrokinetic water in rivers, 25 lakes, and streams; 26 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 3 •S 1821 RS ‘‘(3) free-flowing hydrokinetic water in man- 1 made channels; and 2 ‘‘(4) differentials in ocean temperature or ocean 3 thermal energy conversion.’’. 4 (b) CONFORMING EDITS.— 5 (1) The subtitle heading for subtitle C of title 6 VI of the Energy Independence and Security Act of 7 2007 (Public Law 110–440; 121 Stat. 1686) is 8 amended by striking ‘‘and Hydrokinetic Re- 9 newable’’. 10 (2) Section 631 of the Energy Independence 11 and Security Act of 2007 (42 U.S.C. 17001 note; 12 121 Stat. 1686) is amended by striking ‘‘and 13 Hydrokinetic Renewable’’. 14 SEC. 4. MARINE ENERGY RESEARCH AND DEVELOPMENT. 15 Section 633 of the Energy Independence and Security 16 Act of 2007 (42 U.S.C. 17212) is amended to read as 17 follows: 18 ‘‘SEC. 633. MARINE ENERGY RESEARCH AND DEVELOP- 19 MENT. 20 ‘‘(a) IN GENERAL.—The Secretary, acting through 21 the Director of the Water Power Technologies Office, in 22 consultation with the Secretary of the Interior, the Sec- 23 retary of Commerce, and the Federal Energy Regulatory 24 Commission, shall carry out a program to accelerate the 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 4 •S 1821 RS introduction of marine energy production into the United 1 States energy supply, giving priority to technologies most 2 likely to lead to commercial utilization, while fostering ac- 3 celerated research, development, demonstration, and com- 4 mercial application of technology, including programs— 5 ‘‘(1) to assist technology development on a vari- 6 ety of scales, including full-scale prototypes, to im- 7 prove the components, processes, and systems used 8 for power generation from marine energy resources; 9 ‘‘(2) to establish and expand critical testing in- 10 frastructure and facilities necessary— 11 ‘‘(A) to cost-effectively and efficiently test 12 and prove marine energy devices; and 13 ‘‘(B) to accelerate the technological readi- 14 ness and commercialization of those devices; 15 ‘‘(3) to support efforts to increase the efficiency 16 of energy conversion, lower the cost, increase the 17 use, improve the reliability, and demonstrate the ap- 18 plicability of marine energy technologies by partici- 19 pating in demonstration projects; 20 ‘‘(4) to investigate variability issues and the ef- 21 ficient and reliable integration of marine energy with 22 the utility grid; 23 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 5 •S 1821 RS ‘‘(5) to identify and study critical short- and 1 long-term needs to create a sustainable marine en- 2 ergy supply chain based in the United States; 3 ‘‘(6) to increase the reliability and survivability 4 of marine energy technologies; 5 ‘‘(7) to verify the performance, reliability, main- 6 tainability, and cost of new marine energy device de- 7 signs and system components in an operating envi- 8 ronment; 9 ‘‘(8) to consider the protection of critical infra- 10 structure, such as adequate separation between ma- 11 rine energy devices and projects and submarine tele- 12 communications cables, including consideration of 13 established industry standards; 14 ‘‘(9)(A) to coordinate the programs carried out 15 under this section with, and avoid duplication of ac- 16 tivities across, programs of the Department and 17 other applicable Federal agencies, including National 18 Laboratories; and 19 ‘‘(B) to coordinate public-private collaboration 20 in carrying out the programs under this section; 21 ‘‘(10) to identify opportunities for joint re- 22 search and development programs and the develop- 23 ment of economies of scale between— 24 ‘‘(A) marine energy technologies; and 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 6 •S 1821 RS ‘‘(B) other renewable energy and fossil en- 1 ergy programs, offshore oil and gas production 2 activities, and activities of the Department of 3 Defense; 4 ‘‘(11) to identify, in conjunction with the Sec- 5 retary of Commerce, acting through the Under Sec- 6 retary of Commerce for Oceans and Atmosphere, 7 and other relevant Federal agencies as appropriate, 8 the potential environmental impacts, including po- 9 tential impacts on fisheries and other marine re- 10 sources, of marine energy technologies, measures to 11 prevent adverse impacts, and technologies and other 12 means available for monitoring and determining en- 13 vironmental impacts; 14 ‘‘(12) to identify, in conjunction with the Sec- 15 retary of the Department in which the United States 16 Coast Guard is operating, acting through the Com- 17 mandant of the United States Coast Guard, the po- 18 tential navigational impacts of marine energy tech- 19 nologies and measures to prevent adverse impacts on 20 navigation; and 21 ‘‘(13) to support in-water technology develop- 22 ment with international partners using existing co- 23 operative procedures (including memoranda of un- 24 derstanding)— 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 7 •S 1821 RS ‘‘(A) to allow cooperative funding and 1 other support of value to be exchanged and le- 2 veraged; and 3 ‘‘(B) to encourage international research 4 centers and international companies to partici- 5 pate in the development of marine energy tech- 6 nology in the United States and to encourage 7 United States research centers and companies 8 to participate in marine energy projects abroad. 9 abroad; and 10 ‘‘(14) to assist in the development of technology 11 necessary to support the use of marine energy— 12 ‘‘(A) for the generation and storage of power 13 at sea, including in applications relating to— 14 ‘‘(i) ocean observation and navigation; 15 ‘‘(ii) underwater vehicle charging; 16 ‘‘(iii) marine aquaculture; 17 ‘‘(iv) production of marine algae; and 18 ‘‘(v) extraction of critical minerals and 19 gasses from seawater; 20 ‘‘(B) for the generation and storage of 21 power to promote the resilience of coastal com- 22 munities, including in applications relating to— 23 ‘‘(i) desalination; 24 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 8 •S 1821 RS ‘‘(ii) disaster recovery and resilience; 1 and 2 ‘‘(iii) community microgrids in iso- 3 lated power systems; and 4 ‘‘(C) in any other applications, as deter- 5 mined by the Secretary. 6 ‘‘(b) COST SHARING AND MERIT REVIEW.—The Sec- 7 retary shall carry out the program under this section in 8 accordance with sections 988 and 989 of the Energy Pol- 9 icy Act of 2005 (42 U.S.C. 16352, 16353).’’. 10 SEC. 5. NATIONAL MARINE ENERGY CENTERS. 11 Section 634 of the Energy Independence and Security 12 Act of 2007 (42 U.S.C. 17213) is amended— 13 (1) in the section heading, by striking ‘‘RE- 14 NEWABLE ENERGY RESEARCH, DEVELOPMENT, 15 AND DEMONSTRATION’’ and inserting ‘‘ENERGY’’; 16 (2) by redesignating subsection (c) as sub- 17 section (d); and 18 (3) by striking subsections (a) and (b) and in- 19 serting the following: 20 ‘‘(a) CENTERS.— 21 ‘‘(1) IN GENERAL.—The Secretary shall award 22 grants to institutions of higher education for— 23 ‘‘(A) the continuation and expansion of re- 24 search, development, and testing activities at 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 9 •S 1821 RS National Marine Energy Centers established as 1 of January 1, 2019; and 2 ‘‘(B) the establishment of new National 3 Marine Energy Centers. 4 ‘‘(2) CRITERIA.—In selecting locations for new 5 National Marine Energy Centers to be established 6 under paragraph (1)(B), the Secretary shall consider 7 sites that meet one of the following criteria: 8 ‘‘(A) The new Center hosts an existing ma- 9 rine energy research and development program 10 in coordination with an engineering program at 11 an institution of higher education. 12 ‘‘(B) The new Center has proven expertise 13 to support environmental and policy-related 14 issues associated with the harnessing of energy 15 in the marine environment. 16 ‘‘(C) The new Center has access to and 17 uses marine resources. 18 ‘‘(b) PURPOSES.—The National Marine Energy Cen- 19 ters shall coordinate with other National Marine Energy 20 Centers, the Department, and the National Labora- 21 tories— 22 ‘‘(1) to advance research, development, and 23 demonstration of marine energy technologies; 24 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 10 •S 1821 RS ‘‘(2) to support in-water testing and demonstra- 1 tion of marine energy technologies, including facili- 2 ties capable of testing— 3 ‘‘(A) marine energy systems of various 4 technology readiness levels and scales; 5 ‘‘(B) a variety of technologies in multiple 6 test berths at a single location; and 7 ‘‘(C) arrays of technology devices; and 8 ‘‘(3) to serve as information clearinghouses for 9 the marine energy industry by collecting and dis- 10 seminating information on best practices in all areas 11 relating to developing and managing marine energy 12 resources and energy systems. 13 ‘‘(c) COST SHARING.—The Secretary shall carry out 14 the program under this section in accordance with section 15 988(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16 16352(b)(4)).’’. 17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 18 Section 636 of the Energy Independence and Security 19 Act of 2007 (42 U.S.C. 17215) is amended by striking 20 ‘‘$50,000,000 for each of the fiscal years 2008 through 21 2012’’ and inserting ‘‘$150,000,000 $160,000,000 for each 22 of fiscal years 2020 and 2021’’. 23 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS 11 •S 1821 RS SEC. 7. STUDY OF ENERGY INNOVATION IN MARINE TRANS- 1 PORTATION AND INFRASTRUCTURE RESIL- 2 IENCE. 3 (a) IN GENERAL.—The Secretary of Energy, in con- 4 sultation with the Secretary of Transportation and the Sec- 5 retary of Commerce, shall conduct a study to examine op- 6 portunities for research and development in advanced ma- 7 rine energy technologies— 8 (1) to support the maritime transportation sector 9 to enhance job creation, economic development, and 10 competitiveness; 11 (2) to support associated maritime energy infra- 12 structure, including infrastructure that serves ports, 13 to improve system resilience and disaster recovery; 14 and 15 (3) to enable scientific missions at sea and in ex- 16 treme environments, including the Arctic. 17 (b) REPORT.—Not later than 1 year after the date of 18 enactment of this Act, the Secretary of Energy shall submit 19 to the Committee on Energy and Natural Resources of the 20 Senate and the Committee on Science, Space, and Tech- 21 nology of the House of Representatives a report that de- 22 scribes the results of the study conducted under subsection 23 (a). 24 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS Calendar No. 261 116TH CONGRESS 1ST SESSION S. 1821 [Report No. 116–141] A BILL To amend the Energy Independence and Security Act of 2007 to provide for research on, and the development and deployment of, marine energy, and for other purposes. OCTOBER 23, 2019 Reported with amendments VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S1821.RS S1821 kjohnson on DSK79L0C42 with BILLS