42 U.S.C. § 16183: Energy and water for…

Summary

Creates a joint office at the Department of Energy and the Department of the Interior called the Nexus of Energy and Water Sustainability RD&D Office (NEWS RD&D Office) and an Interagency RD&D Coordination Committee (NEWS RD&D Committee). The two Secretaries must set this up within 180 days after December 27, 2020 and lead it as co-chairs. The committee must make a federal plan for research, development, and demonstration (RD&D) on how energy and water affect each other. That plan must be issued within 1 year after December 27, 2020 and every two years after that, and it must be made with State and local input. The committee must help coordinate federal RD&D work, share and publish data and results, find ways to use and join existing programs and funding, work with non-federal groups, and recommend better ways to collect and share water-use data. The committee may not make rules or force State, Tribal, or local governments to take actions that raise their costs. The committee must also consult experts and may hold technical workshops. After 5 years from when the office starts, the NEWS RD&D Office must review the committee’s work and send a report and a recommendation on whether the committee should continue to the Senate Committee on Energy and Natural Resources and the House Committees on Science, Space, and Technology; Energy and Commerce; and Natural Resources. Within 30 days after the President files the federal budget, the co-chairs must send Congress an interagency budget crosscut report showing program- and project-level RD&D budgets and recent spending. The authority to run the NEWS RD&D Office and Committee ends 7 years after December 27, 2020, but ending that authority does not stop ongoing planning or coordination. The Secretary of Energy must also fold energy-water nexus concerns into Department RD&D programs. That includes work to cut freshwater use, boost water efficiency, use nontraditional water sources, study how climate variability affects water for energy, and improve knowledge of the energy-water links. The Secretary may fund other RD&D activities as needed to meet these goals.

Title 42, §16183

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Nexus of energy and water for sustainability

(1)Definitions

In this section: (A) Department

(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.

Editorial Notes

Codification Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter.

§16183 Energy and Water for Sustainability

Summary

Title 42, §16183

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata