H. R. 1145
IN THE SENATE OF THE UNITED STATES
April 23, 2009
Received; read twice and referred to the Committee on Environment and Public Works
To implement a National Water Research and Development Initiative, and for other purposes.
This Act may be cited as the
National Water Research and
Development Initiative Act of 2009.
National Water Research and Development Initiative
Initiative and Purpose
The President shall
implement a National Water Research and Development Initiative (in this Act
referred to as the
Initiative). The purpose of the Initiative is
to improve the Federal Government’s role in designing and implementing Federal
water research, development, demonstration, data collection and dissemination,
education, and technology transfer activities to address changes in water use,
quality, supply, and demand in the United States, including providing
additional support to increase water supply through greater efficiency,
conservation, and measures to abate water quality impairment.
Not later than 3 months after the date of enactment of this Act, the President shall establish, or designate, an interagency committee to implement the Initiative under subsection (a). The Office of Science and Technology Policy shall chair the interagency committee.
The interagency committee shall include a representative from each agency that conducts research related to water or has authority over resources that affect water supply and water quality, as well as a representative from the Office of Management and Budget.
Functions of the Interagency Committee
The interagency committee shall—
develop a National
Water Research and Assessment Plan (in this Act referred to as the
plan) in accordance with
subsection (c) and in coordination with
State, local, and tribal governments;
coordinate all Federal research, development, demonstration, data collection and dissemination, education, and technology transfer activities pertaining to water;
encourage cooperation among Federal agencies and State, local, and tribal governments with respect to water-related research, development, and technological innovation activities to avoid duplication of effort and to ensure optimal use of resources and expertise;
facilitate technology transfer, communication, and opportunities for information exchange with institutions of higher education, non-governmental organizations, State and local governments, tribal governments, industry, water resources managers, commercial end users, and other members of the stakeholder community through the office established in paragraph (4);
provide guidance on outreach to minority serving institutions that are eligible institutions under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)) to encourage such institutions to apply for funding opportunities specified in the plan;
provide guidance on outreach to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) that are located in an area affected by drought and encourage such institutions to apply for funding opportunities specified in the plan;
encourage cooperation between Federal agencies, State and local governments, and tribal governments to develop standard methods for collecting, managing, and disseminating data on water;
not later than 1 year after the date of enactment of this Act and every 3 years thereafter—
identify from each agency described in paragraph (2) the statutory or regulatory barriers preventing the use of any technology, technique, data collection method, or model that would contribute to greater availability of water resources in the United States through enhanced efficiency and conservation; and
submit a report of the findings from clause (i) to Congress; and
assess the role of Federal water research funding in helping to develop the next generation of scientists and engineers at institutions of higher education.
National Water Initiative Coordination Office
Not later than 3
months after the date of enactment of this Act, the President shall establish a
National Water Initiative Coordination Office (in this Act referred to as the
Office), with full-time staff, to—
provide technical and administrative support to the interagency committee;
serve as a point of contact on Federal water activities for government agencies, organizations, academia, industry, professional societies, public-private collaborations, commercial end users, and others to exchange technical and programmatic information; and
communicate with the public, including through a publicly accessible website, on the findings and recommendations of the interagency committee based on the activities conducted pursuant to the Initiative.
The operation of the Office shall be supported by funds contributed from each agency represented on the interagency committee.
National Water Research and Assessment Plan
The plan required under subsection (b)(3)(A) shall establish the priorities for Federal water research, including federally funded research, and assessment for the 4-year period beginning in the year in which the plan is submitted to Congress. In the development of the plan, the interagency committee shall consider and utilize recommendations and information from State, local, and tribal governments and contained in reports that have addressed water research needs, including the 2007 report issued by the Subcommittee on Water Availability and Quality (SWAQ) of the National Science and Technology Council’s Committee on Environment and Natural Resources and recommendations of the National Academy of Sciences.
The plan shall—
identify each current program and activity of each Federal agency related to the Initiative;
identify funding levels for the previous fiscal year for each program and, if applicable, each activity identified in subparagraph (A);
set forth a strategy and a timeline to achieve the outcomes described in subsection (d) and shall describe—
each activity required of each agency responsible for contributing to each such outcome;
the funding levels necessary to achieve each such outcome; and
the distribution of funds between each agency based on such agency’s role in carrying out such activity;
be subject to a 90-day public comment period as noticed on the Office’s website and shall address suggestions received and incorporate public input received, as appropriate; and
be submitted to Congress not later than 1 year after the date of enactment of this Act and revised and resubmitted every 4 years thereafter.
Water Research Outcomes and Assessments
The plan shall outline and direct agencies under the interagency committee to work to achieve the following outcomes:
Implementation of a National Water Census, which shall include the collection of data on national water resources to create a comprehensive database that includes information about the quantity, availability, and quality of ground water and surface water resources.
Development of a new generation of water monitoring techniques and technologies, including techniques and technologies that provide publicly generated data useful to water managers.
Development of technologies for enhancing reliable water supply, water reuse, and pollution prevention.
Development of innovative technologies and tools to enhance water quality, including advanced water treatment and water purification technologies.
Development of innovative technologies and tools to enhance water-use efficiency and tools to encourage public acceptance of such technologies and tools.
Development of tools and processes to facilitate resolution of conflicts over water resources.
Development of information technology systems to enhance water quality and supply.
Improvement of understanding of water-related ecosystem services and ecosystem needs for water.
Improvement of hydrologic prediction models and their applications, including spatial and temporal variation in natural supply, watershed hydrology, human and ecological demand, and infrastructure.
Analyses of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States, including analyses of the amount, proximity, and type of water required for the production of alternative and renewable energy resources.
Analyses of the social, behavioral, and economic barriers to sustainable use of water resources in the United States.
Assessment of national water availability and use.
Regional assessments of the status of water supplies and evaluation of potential changes in such status due to changes in land use, population size and distribution, and economic activity.
Assessment of water quality, availability, and use in rural areas, including—
maintaining water quality and enhancing energy efficiency of water treatment and delivery through the use of technologies or practices developed to address rural communities; and
developing data and information to support water planning and conservation.
Development of resources to investigate the effects of invasive species on water supplies.
Development of technologies and practices to treat eutrophic water bodies, including rivers, estuaries, and coastal waters.
Development of tools to assist local water resource managers in anticipating changing water availability and use patterns in the preparation of a strategic plan for sustainable future operations.
Development of a program to offer technical and planning assistance to States, localities, and regions that use or are planning to use land conservation as a method to protect water quality, as well as an analysis of the impact of land conservation on watershed hydrology.
Improvement of understanding of the impacts from chemical impairments, including contaminants of emerging concern, such as endocrine disrupting compounds, pharmaceuticals, and personal care products, on water supply and quality.
Analyses of the Nation’s water research facilities and identification of whether a need exists for additional facilities.
Assessment of potential water storage projects that would enhance water supply, water planning, and other beneficial uses.
Improvement of understanding of water-intensive sectors of the economy and industrial needs for water.
Improvement of understanding of competing water supply uses and how different uses interact with and impact each other.
Projection of long-term ice cover and water level outlook for major water bodies in the United States, including the Great Lakes, the potential impacts of the results of such projections on infrastructure, and resource management options based on such projections.
Assessment of the impacts of natural disasters, including floods, hurricanes, and tornadoes, on water resources.
The President shall establish, or designate, an advisory committee to advise the interagency committee established under subsection (b).
The President shall provide guidance to each Federal agency participating in the Initiative with respect to the preparation of requests for appropriations for activities related to the plan.
Consideration in the President’s Budget
The President shall submit, at the time of the President’s annual budget request to Congress, a description of those items in each agency’s budget which are elements of the plan or help to achieve the outcomes of the plan.
Not later than 30 days after the submission of the President’s annual budget request to Congress, the Director of the Office of Science and Technology Policy shall write a letter to Congress evaluating the budget as it relates to Federal water research and the success of the interagency committee in meeting the outcomes listed in section 2(d).
The interagency committee shall coordinate the activities of the Initiative with the United States Global Change Research Program.
Sense of Congress
It is the sense of Congress that the interagency committee should collaborate with public institutions of higher education whenever possible.
Concurrent with the annual submission of the President’s budget to Congress, the President shall submit to Congress a report that describes the activities and results of the Initiative during the previous fiscal year and outlines the objectives for the next fiscal year. The report shall include detailed information on all programs and activities involved in the Initiative, including an analysis of progress towards achieving the outcomes listed in section 2(d) and the indicators used to measure such progress.
National water pilot testing facility feasibility study and report
The Comptroller General of the United States shall complete a study examining the feasibility and practicality of creating a national water pilot testing facility.
The study shall—
examine Federal programs and facilities that currently engage in some form of water technology testing;
evaluate the practicality and identify the potential costs of establishing a national water pilot testing facility; and
examine the efforts of Federal agencies to establish testing facilities related to other technologies, including wind and solar, and the lessons learned from implementing these programs.
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the key findings of the study conducted under subsection (a).
DOE Water Technologies for Increased Energy Efficiency Activities
Section 452(c)(2) of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17111) is amended—
(C), by striking
and after the semicolon;
by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and
by inserting after subparagraph (C) the following:
research to develop water efficient technologies that increase energy efficiency, including utilization of impaired water sources in production;
Wastewater and Stormwater Reuse Technology Demonstration Program
In consultation with the interagency committee, the Assistant Administrator for Research and Development at the Environmental Protection Agency shall establish a wastewater and stormwater reuse and recycling technology demonstration program, consistent with section 2(d)(3).
Under the program established in subsection (a), the Assistant Administrator shall develop and fund projects to demonstrate, evaluate, and test the techniques and technologies to reuse and recycle stormwater and wastewater at the building, site, neighborhood, and watershed scales for urban, industrial, agricultural, environmental, and recreational uses as well as to augment potable water supplies.
Water resource research institutes
Support; coordinated plan
Section 104(b) of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended—
in paragraph (1),
, and at the end and inserting a semicolon;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by inserting after paragraph (2) the following:
support the goals of the National Water Research and Development Initiative; and
submit to the interagency committee under section 2(b) of the National Water Research and Development Initiative Act of 2009 a single, coordinated, annual report that identifies future water research needs.
Types of research and development
Section 108 of such Act (42 U.S.C. 10307) is amended—
in paragraph (9),
and after the semicolon;
in paragraph (10),
by striking the period at the end and inserting
by adding at the end the following:
Technical research on prevention and removal of contaminants of emerging concern, including endocrine disrupting compounds, pharmaceuticals, and personal care products, in water resources.
The Administrator of the Environmental Protection Agency shall establish a national pilot program exploring the use of energy audits of water related infrastructure to identify energy and water saving opportunities. As part of the program, each participating entity shall receive an Energy Star Benchmarking energy performance score to provide an initial screening of that entity, as well as an ongoing tracking measure to compare their energy performance against similar entities nationwide.
Authorization of appropriations
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for coordination and outreach activities conducted under this Act through the Office established in section 2(b)(4)—
$2,000,000 for fiscal year 2010;
$2,000,000 for fiscal year 2011;
$2,000,000 for fiscal year 2012;
$2,000,000 for fiscal year 2013; and
$2,000,000 for fiscal year 2014.
Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall enter into an arrangement with the National Academy of Sciences for a study on the impact of changes in snow pack, including snow pack from the Sierra Nevada, on water resources and its relation to water supply, including the Sacramento-San Joaquin Delta.
Reports to Congress
Report on barriers
Not later than 90 days after the date of enactment of this Act, the President shall submit to Congress a report that—
identifies from each agency on the interagency committee established under section 2(b) the statutory or regulatory barriers—
that prevent the use of technology, technique, data collection method, or model considered under this Act; and
that, due to such barrier to using such technology, technique, method, or model, contribute to the loss of jobs in rural or agricultural economies dependent on the greater availability of water resources in the United States;
identifies the long-term consequences on job losses of such barriers that continue to be in effect; and
recommends steps to remove such barriers.
Report on impacts
Not later than 90 days after the date of enactment of this Act, the President shall submit to Congress a report that—
identifies the economic impacts of water diversions for water supply, conservation for fish species (including the Delta smelt), and water quality impairment in the San Joaquin Valley of California; and
recommends steps to mitigate such economic impacts to preserve the water-dependent rural economy.
Passed the House of Representatives April 23, 2009.
Lorraine C. Miller,