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42 U.S.C. § 16183Energy and water for sustainability

submitted 6 years ago by Pub. L. 116-260 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,388 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Energy must coordinate research on the links between energy and water use. It has to set up a joint committee with the Interior Department, write a strategic plan, and report to Congress on budgets and progress. States still control their own water allocation and energy siting decisions.

(a) Nexus of energy and water for sustainability (1) Definitions. This section defines several terms: - "Department" means the Department of Energy. - "Energy-water nexus" means the connection between the water needed to make fuel, electricity, and other energy, and the energy needed to move, clean, and treat water and wastewater. - "Interagency RD&D Coordination Committee" (also called the "NEWS RD&D Committee") is the committee created under paragraph (3)(A). - "NEWS RD&D Office" (Nexus of Energy and Water Sustainability RD&D Office) is an office at the Department of Energy, run together with the Department of the Interior, that handles leadership and administrative work for the Committee. - "RD&D" means research, development, and demonstration. - "Secretary" means the Secretary of Energy. (2) Statement of policy. States mostly control how water is shared out and used, and where energy facilities get built on non-federal land, except where federal law overrides that. It is now the country's policy that, whenever the federal government manages energy-water nexus issues, it must coordinate closely with other federal agencies and with state and local governments, and share information with the public as effectively as possible. (3) Interagency RD&D Coordination Committee. - (A) Establishment: Within 180 days after December 27, 2020, the Secretary of Energy and the Secretary of the Interior must jointly create the NEWS RD&D Office and the Interagency RD&D Coordination Committee to do the jobs listed in (C). - (B) Administration: The two Secretaries jointly run the Office and co-chair the Committee. They decide together who is on the Committee and how it is staffed. - (C) Duties. The Committee must: (i) be a forum where federal agencies build shared goals and plans for energy-water research, working with the National Science and Technology Council; (ii) issue a strategic plan on energy-water research within 1 year of December 27, 2020, and every two years after that, made together with relevant state and local governments; (iii) bring together and coordinate the research work of relevant federal agencies; (iv) build shared methods for collecting, sharing, and managing data on the energy-water nexus, and help agencies find funding opportunities, share existing programs through joint grants, and find domestic or international partnerships for this research; (v) find ways to make the best use of existing research programs, including state and local ones; (vi) make the results of this research public; (vii) recommend better ways to collect and share federal water-use data and use monitoring networks; and (viii) work with people outside the federal government, including researchers, state, local, and tribal governments, utility regulators, and industry, including by holding technical workshops. - (D) Strategic plan. In writing the strategic plan required by (C)(ii), the Committee must: (i) avoid duplicating other federal research programs, including those of the National Laboratories, as much as possible; (ii) consider including specific research needs, such as (I) new ways to save water or reuse it in energy generation and fuel production, (II) new ways to save energy in collecting, delivering, treating, or reusing water, (III) new ways to generate energy from water or wastewater systems, and (IV) modeling and analysis of the whole energy-water system; and (iii) send the plan to the relevant Senate and House committees. - (E) Rules of construction. (i) This section does not give the Committee power to make regulations or set standards. (ii) Nothing in this section can be read to force state, tribal, or local governments to take on new costs. - (F) Additional participation. In writing the strategic plan, the Secretary must also consult a wide range of people from research institutions, industry, utility regulators, and state and local governments who know about energy-water technology. - (G) Review; report. Five years after the Committee and Office are created, the NEWS RD&D Office must review how useful and effective the Committee has been, and send Congress a report describing that review and recommending whether the Committee should keep going. (4) Crosscut budget. Within 30 days after the President submits the federal budget, the Committee's co-chairs (acting through the NEWS RD&D Office) must send Congress a report showing, program by program, project by project, and agency by agency, all federal spending, including through grants, contracts, and transfers, on energy-water research. It must show (A) the budget proposed for the coming year, (B) what was actually spent and obligated last year, and (C) what is expected to be spent and obligated this year. (5) Termination. (A) The NEWS RD&D Office's and Committee's authority ends 7 years after December 27, 2020. (B) Ending that authority does not stop other ongoing energy-water planning or research work. (b) Integrating energy and water research. The Secretary must build these ideas into the Department's energy research programs by: (1) pushing research on energy and energy-efficiency technologies that (A) minimize fresh water use, (B) use water more efficiently, and (C) use nontraditional water sources; (2) thinking about how a changing climate could affect water supplies used for energy generation and fuel production; and (3) better understanding the energy-water nexus, as defined in (a)(1). (c) Additional activities. The Secretary may fund other research, development, and demonstration activities needed to carry out the goals in (b).
the actual law source: uscode.house.gov ↗public domain
(a) Nexus of energy and water for sustainability
(1) Definitions

In this section:

(A) Department

The term “Department” means the Department of Energy.

(B) Energy-water nexus

The term “energy-water nexus” means the links between—

(i)

the water needed to produce fuels, electricity, and other forms of energy; and

(ii)

the energy needed to transport, reclaim, and treat water and wastewater.

(C) Interagency RD&D Coordination Committee

The term “Interagency RD&D Coordination Committee” means the Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability (or the “NEWS RD&D Committee”) established under paragraph (3)(A).

(D) Nexus of Energy and Water Sustainability RD&D Office; NEWS RD&D Office

The term “Nexus of Energy and Water Sustainability RD&D Office” or the “NEWS RD&D Office” means an office located at the Department and managed in cooperation with the Department of the Interior pursuant to an agreement between the 2 agencies to carry out leadership and administrative functions for the Interagency RD&D Coordination Committee.

(E) RD&D

The term “RD&D” means research, development, and demonstration.

(F) Secretary

The term “Secretary” means the Secretary of Energy.

(2) Statement of policy

Recognizing States’ primacy over allocation and administration of water resources (except in specific instances where preempted under Federal law) and the siting of energy infrastructure within State boundaries on non-Federal lands, it is the national policy that the Federal government, in all energy-water nexus management activities, shall maximize coordination and consultation among Federal agencies and with State and local governments, and disseminate information to the public in the most effective manner.

(3) Interagency RD&D Coordination Committee
(A) Establishment

Not later than 180 days after December 27, 2020, the Secretary and the Secretary of the Interior shall establish the joint NEWS RD&D Office and Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability (or the “NEWS RD&D Committee”) to carry out the duties described in subparagraph (C).

(B) Administration
(i) Chairs

The Secretary and the Secretary of the Interior shall jointly manage the NEWS RD&D Office and serve as co-chairs of the Interagency RD&D Coordination Committee.

(ii) Membership; staffing

Membership and staffing shall be determined by the co-chairs.

(C) Duties

The Interagency RD&D Coordination Committee shall—

(i)

serve as a forum for developing common Federal goals and plans on energy-water nexus RD&D activities, in coordination with the National Science and Technology Council;

(ii)

not later than 1 year after December 27, 2020, and biennially thereafter, issue a strategic plan on energy-water nexus RD&D activities, priorities, and objectives pursuant to subparagraph (D), which shall be developed in consultation with relevant State and local governments;

(iii)

convene and promote coordination of RD&D activities of relevant Federal departments and agencies on energy-water nexus;

(iv)
(I)

coordinate and develop capabilities and methodologies related to RD&D activities for data collection, data communication protocols (including models and modeling results), data management, and dissemination of validated data and results related to energy-water nexus RD&D activities to requesting Federal departments and agencies; and

(II)

promote information exchange between Federal departments and agencies—

(aa)

to identify and document Federal and non-Federal RD&D programs and funding opportunities that support basic and applied RD&D proposals to advance energy-water nexus related science and technologies;

(bb)

to leverage existing RD&D programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and

(cc)

to identify opportunities for domestic and international public-private partnerships, innovative financing mechanisms, and information and data exchange with respect to RD&D activities;

(v)

identify ways to leverage existing RD&D programs, including programs at the State and local level;

(vi)

make publicly available the results of RD&D activities on the energy water nexus;

(vii)

with regard to RD&D programs, recommend improvements and best practices for the collection and dissemination of federal water use data and the use of monitoring networks; and

(viii)

promote coordination on RD&D with non-Federal interests by—

(I)

consulting with representatives of research and academic institutions, State, local, and Tribal governments, public utility commissions, and industry, who have expertise in technologies, technological innovations, or practices relating to the energy-water nexus; and

(II)

considering conducting technical workshops.

(D) Strategic plan

In developing the strategic plan pursuant to (C)(ii), the Interagency RD&D Coordination Committee shall—

(i)

to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects, including with those of the National Laboratories;

(ii)

consider inclusion of specific research, development and demonstration needs, including—

(I)

innovative practices, technologies and other advancements improving water efficiency, treatment, recovery, or reuse associated with energy generation, including cooling, and fuel production;

(II)

innovative practices, technologies and other advancements associated with energy use in water collection, supply, delivery, distribution, treatment, or reuse;

(III)

innovative practices, technologies and other advancements associated with generation or production of energy from water or wastewater systems; and

(IV)

modeling and systems analysis related to energy-water nexus; and

(iii)

submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives.

(E) Rules of construction
(i)

Nothing in this section grants to the Interagency RD&D Coordination Committee the authority to promulgate regulations or set standards.

(ii)

Notwithstanding any other provision of law, nothing in this section shall be construed to require State, Tribal, or local governments to take any action that may result in an increased financial burden to such governments.

(F) Additional participation

In developing the strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, public utility commissions, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus.

(G) Review; report

At the end of the 5-year period beginning on the date on which the Interagency RD&D Coordination Committee and NEWS RD&D Office are established, the NEWS RD&D Office shall—

(i)

review the activities, relevance, and effectiveness of the Interagency RD&D Coordination Committee; and

(ii)

submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives a report that—

(I)

describes the results of the review conducted under clause (i); and

(II)

includes a recommendation on whether the Interagency RD&D Coordination Committee should continue.

(4) Crosscut budget

Not later than 30 days after the President submits the budget of the United States Government under section 1105 of title 31, the co-chairs of the Interagency RD&D Coordination Committee (acting through the NEWS RD&D Office) shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that displays at the program-, project-, and activity-level for each of the Federal agencies that carry out or support (including through grants, contracts, interagency and intraagency transfers, and multiyear and no-year funds) basic and applied RD&D activities to advance the energy-water nexus related science and technologies, including—

(A)

the budget proposed in the budget request of the President for the upcoming fiscal year;

(B)

expenditures and obligations for the prior fiscal year; and

(C)

estimated expenditures and obligations for the current fiscal year.

(5) Termination
(A) In general

The authority provided to the NEWS RD&D Office and NEWS RD&D Committee under this subsection shall terminate on the date that is 7 years after December 27, 2020.

(B) Effect

The termination of authority under subparagraph (A) shall not affect ongoing interagency planning, coordination, or other RD&D activities relating to the energy-water nexus.

(b) Integrating energy and water research

The Secretary shall integrate the following considerations into energy RD&D programs and projects of the Department by—

(1)

advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of—

(A)

minimizing freshwater withdrawal and consumption;

(B)

increasing water use efficiency; and

(C)

utilizing nontraditional water sources;

(2)

considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and

(3)

improving understanding of the energy-water nexus (as defined in subsection (a)(1)).

(c) Additional activities

The Secretary may provide for such additional RD&D activities as appropriate to integrate the considerations described in subsection (b) into the RD&D activities of the Department.

Source credit: (Pub. L. 116–260, div. Z, title I, § 1010, Dec. 27, 2020, 134 Stat. 2438.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-260 · 134 Stat. 2438

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.

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