Desalination Development Act

IB Union Calendar No. 552 116TH CONGRESS 2D SESSION H. R. 3723 [Report No. 116–668, Part I] To promote desalination project development and drought resilience, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 11, 2019 Mr. LEVIN of California (for himself and Mr. HUFFMAN) introduced the fol- lowing 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 com- mittee concerned DECEMBER 18, 2020 Reported from the Committee on Natural Resources with an amendment [Strike out all after the enacting clause and insert the part printed in italic] DECEMBER 18, 2020 Committee on Science, Space, and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on July 11, 2019] VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3723 RH A BILL To promote desalination project development and drought resilience, and for other purposes. VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3723 RH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Desalination Develop- 2 ment Act’’. 3 SEC. 2. DESALINATION PROJECTS AUTHORIZATION. 4 Section 4(a) of the Water Desalination Act of 1996 (42 5 U.S.C. 10301 note; Public Law 104–298) is amended by 6 striking the second paragraph (1) (relating to projects) and 7 inserting the following: 8 ‘‘(2) PROJECTS.— 9 ‘‘(A) DEFINITIONS.—In this paragraph: 10 ‘‘(i) ELIGIBLE DESALINATION 11 PROJECT.—The term ‘eligible desalination 12 project’ means any project located in a Rec- 13 lamation State that— 14 ‘‘(I) involves an ocean or brackish 15 water desalination facility— 16 ‘‘(aa) constructed, operated, 17 and maintained by a State, In- 18 dian Tribe, irrigation district, 19 water district, or other organiza- 20 tion with water or power delivery 21 authority; or 22 ‘‘(bb) sponsored or funded by 23 a State, department of a State, 24 political subdivision of a State, or 25 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3723 RH public agency organized pursuant 1 to State law, including through— 2 ‘‘(AA) direct sponsor- 3 ship or funding; or 4 ‘‘(BB) indirect sponsor- 5 ship or funding, such as by 6 paying for the water pro- 7 vided by the facility; and 8 ‘‘(II) provides a Federal benefit in 9 accordance with the reclamation laws. 10 ‘‘(ii) RURAL DESALINATION 11 PROJECT.—The term ‘rural desalination 12 project’ means an eligible desalination 13 project that is designed to serve a commu- 14 nity or group of communities, each of which 15 has a population of not more than 40,000 16 inhabitants. 17 ‘‘(B) COST-SHARING REQUIREMENT.— 18 ‘‘(i) IN GENERAL.—Subject to the re- 19 quirements of this subsection and notwith- 20 standing section 7, the Federal share of an 21 eligible desalination project carried out 22 under this subsection shall be— 23 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3723 RH ‘‘(I) not more than 25 percent of 1 the total cost of the eligible desalina- 2 tion project; or 3 ‘‘(II) in the case of a rural desali- 4 nation project, the applicable percent- 5 age determined in accordance with 6 clause (ii). 7 ‘‘(ii) RURAL DESALINATION 8 PROJECTS.— 9 ‘‘(I) COST-SHARING REQUIRE- 10 MENT FOR APPRAISAL STUDIES.—In 11 the case of a rural desalination project 12 carried out under this subsection, the 13 Federal share of the cost of appraisal 14 studies for the rural desalination 15 project shall be— 16 ‘‘(aa) 100 percent of the total 17 costs of the appraisal studies, up 18 to $200,000; and 19 ‘‘(bb) if the total costs of the 20 appraisal studies are more than 21 $200,000, 50 percent of any 22 amounts over $200,000. 23 ‘‘(II) COST-SHARING REQUIRE- 24 MENT FOR FEASIBILITY STUDIES.—In 25 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3723 RH the case of a rural desalination project 1 carried out under this subsection, the 2 Federal share of the cost of feasibility 3 studies for the rural desalination 4 project shall be not more than 50 per- 5 cent. 6 ‘‘(III) COST-SHARING REQUIRE- 7 MENT FOR CONSTRUCTION COSTS.—In 8 the case of a rural desalination project 9 carried out under this subsection, the 10 Federal share of the cost of construc- 11 tion of the rural desalination project 12 shall not exceed the greater of — 13 ‘‘(aa) 35 percent of the total 14 cost of construction, up to a Fed- 15 eral cost of $20,000,000; or 16 ‘‘(bb) 25 percent of the total 17 cost of construction. 18 ‘‘(C) STATE ROLE.—Participation by the 19 Secretary in an eligible desalination project 20 under this paragraph shall not occur unless— 21 ‘‘(i)(I) the eligible desalination project 22 is included in a State-approved plan; or 23 ‘‘(II) the participation has been re- 24 quested by the Governor of the State in 25 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3723 RH which the eligible desalination project is lo- 1 cated; and 2 ‘‘(ii) the State or local sponsor of the 3 eligible desalination project determines, and 4 the Secretary concurs, that— 5 ‘‘(I) the eligible desalination 6 project— 7 ‘‘(aa) is technically and fi- 8 nancially feasible; 9 ‘‘(bb) provides a Federal ben- 10 efit in accordance with the rec- 11 lamation laws; and 12 ‘‘(cc) is consistent with ap- 13 plicable State laws, State regula- 14 tions, State coastal zone manage- 15 ment plans and other State plans 16 such as California’s Water Qual- 17 ity Control Plan for the Ocean 18 Waters in California; 19 ‘‘(II) sufficient non-Federal fund- 20 ing is available to complete the eligible 21 desalination project; and 22 ‘‘(III) the eligible desalination 23 project sponsors are financially solvent; 24 and 25 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3723 RH ‘‘(iii) the Secretary submits to Con- 1 gress a written notification of the deter- 2 minations under clause (ii) by not later 3 than 30 days after the date of the deter- 4 minations. 5 ‘‘(D) ENVIRONMENTAL LAWS.—In partici- 6 pating in an eligible desalination project under 7 this paragraph, the Secretary shall comply with 8 all applicable environmental laws, including, but 9 not limited to, the National Environmental Pol- 10 icy Act of 1969 (42 U.S.C. 4321 et seq.) and 11 State laws implementing the Coastal Zone Man- 12 agement Act. 13 ‘‘(E) INFORMATION.—In participating in 14 an eligible desalination project under this sub- 15 section, the Secretary— 16 ‘‘(i) may rely on reports prepared by 17 the sponsor of the eligible desalination 18 project, including feasibility or equivalent 19 studies, environmental analyses, and other 20 pertinent reports and analyses; but 21 ‘‘(ii) shall retain responsibility for 22 making the independent determinations de- 23 scribed in subparagraph (C). 24 ‘‘(F) FUNDING.— 25 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3723 RH ‘‘(i) AUTHORIZATION OF APPROPRIA- 1 TIONS.—There is authorized to be appro- 2 priated to carry out this paragraph 3 $260,000,000 for the period of fiscal years 4 2021 through 2025, of which not less than 5 $15,000,000 shall be made available during 6 that period for rural desalination projects. 7 ‘‘(ii) CONGRESSIONAL APPROVAL INI- 8 TIALLY REQUIRED.— 9 ‘‘(I) IN GENERAL.—Each initial 10 award under this paragraph for design 11 and study or for construction of an eli- 12 gible desalination project shall be ap- 13 proved by an Act of Congress. 14 ‘‘(II) RECLAMATION REC- 15 OMMENDATIONS.—The Commissioner 16 of Reclamation shall submit rec- 17 ommendations regarding the initial 18 award of preconstruction and construc- 19 tion funding for consideration under 20 subclause (I) to— 21 ‘‘(aa) the Committee on Ap- 22 propriations of the Senate; 23 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3723 RH ‘‘(bb) the Committee on En- 1 ergy and Natural Resources of the 2 Senate; 3 ‘‘(cc) the Committee on Ap- 4 propriations of the House of Rep- 5 resentatives; and 6 ‘‘(dd) the Committee on Nat- 7 ural Resources of the House of 8 Representatives. 9 ‘‘(iii) SUBSEQUENT FUNDING 10 AWARDS.—After approval by Congress of an 11 initial award of preconstruction or con- 12 struction funding for an eligible desalina- 13 tion project under clause (ii), the Commis- 14 sioner of Reclamation may award addi- 15 tional preconstruction or construction fund- 16 ing, respectively, for the eligible desalina- 17 tion project without further congressional 18 approval. 19 ‘‘(G) TOTAL DOLLAR CAP.—The Secretary 20 shall not impose a total dollar cap on Federal 21 contributions for individual desalination projects 22 receiving funding under this paragraph.’’. 23 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3723 RH SEC. 3. PRIORITIZATION FOR PROJECTS. 1 Section 4 of the Water Desalination Act of 1996 (42 2 U.S.C. 10301 note; Public Law 104–298) is amended by 3 striking subsection (c) and inserting the following: 4 ‘‘(c) PRIORITIZATION.—In carrying out demonstration 5 and development activities under this section, the Secretary 6 and the Commissioner of Reclamation shall each prioritize 7 projects— 8 ‘‘(1) for the benefit of drought-stricken States 9 and communities; 10 ‘‘(2) for the benefit of States that have authorized 11 funding for research and development of desalination 12 technologies and projects; 13 ‘‘(3) that demonstrably reduce a reliance on im- 14 ported water supplies that have an impact on species 15 listed under the Endangered Species Act of 1973 (16 16 U.S.C. 1531 et seq.); 17 ‘‘(4) that, in a measurable and verifiable man- 18 ner, reduce a reliance on imported water supplies 19 from imperiled ecosystems such as the Sacramento- 20 San Joaquin River Delta; 21 ‘‘(5) that demonstrably leverage the experience of 22 international partners with considerable expertise in 23 desalination, such as the state of Israel; 24 ‘‘(6) that maximize use of renewable energy to 25 power desalination facilities; 26 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3723 RH ‘‘(7) that maximize energy efficiency so that the 1 lifecycle energy demands of desalination are mini- 2 mized; 3 ‘‘(8) located in regions that have employed strat- 4 egies to increase water conservation and the capture 5 and recycling of wastewater and stormwater; and 6 ‘‘(9) that meet the following criteria if they are 7 ocean desalination facilities— 8 ‘‘(A) utilize a subsurface intake or, if a sub- 9 surface intake is not technologically feasible, an 10 intake that uses the best available site, design, 11 technology, and mitigation measures to minimize 12 the mortality of all forms of marine life and im- 13 pacts to coastal dependent resources; 14 ‘‘(B) are sited and designed to ensure that 15 the disposal of wastewaters including brine from 16 the desalination process— 17 ‘‘(i) are not discharged to impaired 18 bodies of water, or State or Federal Marine 19 Protected Areas; and 20 ‘‘(ii) achieve ambient salinity levels 21 within a reasonable distance from the dis- 22 charge point; 23 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 3723 RH ‘‘(C) are sited, designed, and operated in a 1 manner that maintains indigenous marine life 2 and a healthy and diverse marine community; 3 ‘‘(D) do not cause significant unmitigated 4 harm to aquatic life; and 5 ‘‘(E) include a construction and operation 6 plan designed to minimize loss of coastal habitat 7 as well as aesthetic, noise, and air quality im- 8 pacts.’’. 9 SEC. 4. RECOMMENDATIONS TO CONGRESS. 10 In determining project recommendations to Congress 11 under section 4(a)(2)(F)(ii)(II) of the Water Desalination 12 Act of 1996, the Commissioner of Reclamation shall estab- 13 lish a priority scoring system that assigns priority scores 14 to each project evaluated based on the prioritization criteria 15 of section 4(c) of the Water Desalination Act of 1996 (42 16 U.S.C. 10301 note; Public Law 104–298). 17 VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS Union Calendar No. 552 116TH CONGRESS 2D SESSION H. R. 3723 [Report No. 116–668, Part I] A BILL To promote desalination project development and drought resilience, and for other purposes. DECEMBER 18, 2020 Reported from the Committee on Natural Resources with an amendment DECEMBER 18, 2020 Committee on Science, Space, and Technology dis- charged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 22:46 Dec 21, 2020 Jkt 019200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H3723.RH H3723 pbinns on DSKJLVW7X2PROD with BILLS