Sec. 318. Marine energy researchJustin Gross

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Justin Gross Subtitle C of title VI of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17001 et seq.) is amended to read as follows: This subtitle may be cited as the . Marine Energy Research and Development Act In this subtitle: The term eligible entity means any of the following entities: An institution of higher education. A National Laboratory. A Federal research agency. A State research agency. A nonprofit research organization. An industrial entity or a multi-institutional consortium thereof.

The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term marine energy means energy from— waves, tides, and currents in oceans, estuaries, and tidal areas; free flowing water in rivers, lakes, streams, and man-made channels; differentials in salinity and pressure gradients; and differentials in water temperature, including ocean thermal energy conversion. The term National Laboratory has the meaning given such term in section 2(3) of the Energy Policy Act of 2005 ( 42 U.S.C. 15801(3) ).

The term microgrid has the meaning given such term in section 641 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231 ). The Secretary, in consultation with the Department of Defense, Secretary of Commerce (acting through the Under Secretary of Commerce for Oceans and Atmosphere), the Secretary of the Interior, and other relevant Federal agencies, shall conduct a program of research, development, demonstration, and commercial application of marine energy technology, including activities to— assist technology development to improve the components, processes, and systems used for power generation from marine energy resources at a variety of scales; establish and expand critical testing infrastructure and facilities necessary to— demonstrate and prove marine energy devices at a range of scales in a manner that is cost-effective and efficient; and accelerate the technological readiness and commercial application of such devices; address marine energy resource variability issues, including through the application of energy storage technologies; advance efficient and reliable integration of marine energy with the electric grid, which may include smart building systems; identify and study critical short- and long-term needs to maintaining a sustainable marine energy supply chain based in the United States; increase the reliability, security, and resilience of marine energy technologies; validate the performance, reliability, maintainability, and cost of marine energy device designs and system components in an operating environment; consider the protection of critical infrastructure, such as adequate separation between marine energy devices and projects and submarine telecommunications cables, including through the development of voluntary, consensus-based standards for such purposes; identify opportunities for crosscutting research, development, and demonstration programs between existing energy research programs; identify and improve, in conjunction with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, and other relevant Federal Agencies as appropriate, the environmental impact, including potential cumulative environmental impacts, of marine energy technologies, including— potential impacts on fisheries and other marine resources; and developing technologies, including mechanisms for self-evaluation, and other means available for improving environmental impacts, including potential cumulative environmental impacts; identify, in consultation with relevant Federal agencies, potential navigational impacts of marine energy technologies and strategies to prevent possible adverse impacts, in addition to opportunities for marine energy systems to aid the United States Coast Guard, such as remote sensing for coastal border security; develop numerical and physical tools, including models and monitoring technologies, to assist industry in device and system design, installation, operation, and maintenance, including methods to validate such tools; support materials science as it relates to marine energy technology, such as the development of corrosive-resistant materials; improve marine energy resource forecasting and general understanding of aquatic system behavior, including turbulence and extreme conditions; develop metrics and voluntary consensus-based standards in coordination with the National Institute of Standards and Technology and appropriate standard development organizations for marine energy components, systems, and projects, including— measuring performance of marine energy technologies; and characterizing environmental conditions; enhance integration with hybrid energy systems, including desalination; identify opportunities to integrate marine energy technologies into new and existing infrastructure; and develop technology necessary to support the use of marine energy— for the generation and storage of power at sea; and for the generation and storage of power to promote the resilience of coastal communities, including in applications relating to— desalination; disaster recovery and resilience; and community microgrids in isolated power systems.

The Secretary, in consultation with the Secretary of Transportation and the Secretary of Commerce, shall conduct a study to examine opportunities for research and development in advanced marine energy technologies for non-power sector applications, including applications with respect to— the maritime transportation sector; associated maritime energy infrastructure, including infrastructure that serves ports, to improve system resilience and disaster recovery; and enabling scientific missions at sea and in extreme environments, including the Arctic.

Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that describes the results of the study conducted under paragraph (1). The Secretary shall award grants, with each grant up to $10,000,000 per year, to institutions of higher education (or consortia thereof) for— the continuation and expansion of the research, development, demonstration, testing, and commercial application activities at the National Marine Energy Centers (referred to in this section as Centers ) established as of January 1, 2020; and the establishment of new National Marine Energy Centers.

In selecting institutions of higher education for new Centers, the Secretary shall consider the following criteria: Whether the institution hosts an existing marine energy research and development program. Whether the institution has proven technical expertise to support marine energy research. Whether the institution has access to marine resources. The Centers shall coordinate among themselves, the Department, and the National Laboratories to— advance research, development, demonstration and commercial application of marine energy technologies in response to industry and commercial needs; support in-water testing and demonstration of marine energy technologies, including facilities capable of testing— marine energy systems of various technology readiness levels and scales; a variety of technologies in multiple test berths at a single location; arrays of technology devices; and interconnectivity to an electrical grid, including microgrids; and collect and disseminate information on best practices in all areas relating to developing and managing marine energy resources and energy systems.

To the extent practicable, the Centers shall coordinate their activities with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, and other relevant Federal agencies. To the extent otherwise authorized by law, the Secretary may terminate funding for a Center described in paragraph

(a)if such Center is underperforming. In carrying out this subtitle, the Secretary shall coordinate activities, and effectively manage cross-cutting research priorities across programs of the Department and other relevant Federal agencies, including the National Laboratories and the National Marine Energy Centers. In carrying out this subtitle, the Secretary shall collaborate with industry, National Laboratories, other relevant Federal agencies, institutions of higher education, including Minority Serving Institutions, National Marine Energy Centers, Tribal entities, including Alaska Native Corporations, and international bodies with relevant scientific and technical expertise. To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph

(1)and include entities not historically associated with National Marine Energy Centers, such as Minority Serving Institutions. The Secretary of Energy, in coordination with other appropriate Federal and multilateral agencies (including the United States Agency for International Development) shall support collaborative efforts with international partners to promote the research, development, and demonstration of technologies used to develop marine energy resources. The Secretary shall— publish the results of projects supported under this subtitle through Department websites, reports, databases, training materials, and industry conferences, including information discovered after the completion of such projects, withholding any industrial proprietary information; and share results of such projects with the public except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code. The Secretary shall solicit applications for awards under this subtitle no less frequently than once per fiscal year. In carrying out the activities described in this subtitle, the Secretary shall support education and outreach activities to disseminate information and promote public understanding of marine energy technologies and the marine energy workforce, including activities at the National Marine Energy Centers. In carrying out this subtitle, the Secretary may also conduct, for purposes of supporting technical, non-hardware, and information-based advances in marine energy development and operations— technical assistance and analysis activities with eligible entities, including activities that support expanding access to advanced marine energy technologies for rural, Tribal, and low-income communities; and workforce development and training activities, including to support the dissemination of standards and best practices for enabling marine energy production. In carrying out the activities described in this subtitle, the Secretary shall— not later than one year after the date of the enactment of the Marine Energy Research and Development Act, draft a plan, considering input from relevant stakeholders such as industry and academia, to implement the programs described in this subtitle and update the plan on an annual basis; and the plan shall address near-term (up to 2 years), mid-term (up to 7 years), and long-term (up to 15 years) challenges to the advancement of marine energy systems. Not later than 1 year after the date of the enactment of this Act, and at least once every 2 years thereafter, the Secretary shall provide, and make available to the public and the relevant authorizing and appropriations committees of Congress, a report on the findings of research conducted and activities carried out pursuant to this subtitle, including the most current strategic plan under subsection

(g)and the progress made in implementing such plan. Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under any environmental or other Federal or State law. There are authorized to be appropriated to the Secretary to carry out this subtitle— $112,580,000 for marine energy research, development, and demonstration activities for fiscal year 2021; $116,303,200 for marine energy research, development, and demonstration activities for fiscal year 2022; $120,175,562 for marine energy research, development, and demonstration activities for fiscal year 2023; $124,203,295 for marine energy research, development, and demonstration activities for fiscal year 2024; and $128,392,869 for marine energy research, development, and demonstration activities for fiscal year 2025. . The table of contents for the Energy Independence and Security Act of 2007 is amended by striking the items relating to subtitle C of title VI and inserting the following: Subtitle C—Marine Energy Research and Development Sec. 631. Short title. Sec. 632. Definitions. Sec. 633. Marine energy research, development, and demonstration. Sec. 634. National Marine Energy Centers. Sec. 635. Organization and administration of programs. Sec. 636. Applicability of other laws. Sec. 637. Authorization of appropriations. . The Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq.) is amended— in section 201(a), by striking ocean (including tidal, wave, current, and thermal) and inserting marine ; in section 203(b)(2), by— inserting marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) or before electric energy ; and by striking ocean (including tidal, wave, current, and thermal) ; in section 931(a)(2)(E)(i), by striking ocean energy, including wave energy and inserting marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) ; and in section 1833(a), by striking ocean energy resources (including tidal, wave, and thermal energy) and inserting marine energy resources (within the meaning of section 632 of the Energy Independence and Security Act of 2007) . Section 1212 of the Energy Policy Act of 1992 ( 42 U.S.C. 13317 ) is amended— in subsection (a)(4)(A)(i), by striking ocean (including tidal, wave, current, and thermal) and inserting marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) ; in subsection (b), in the matter preceding paragraph (1), by striking ocean (including tidal, wave, current, and thermal) and inserting marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) ; and in subsection (e)(1), in the first sentence, by striking ocean (including tidal, wave, current, and thermal) and inserting marine energy (as defined in section 632 of the Energy Independence and Security Act of 2007) . The Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 ( 42 U.S.C. 12001 et seq.) is amended— in section 4 ( 42 U.S.C. 12003 )— in subsection (a)(5), by striking Ocean and inserting Marine ; and in subsection (c), in the matter preceding paragraph (1), by striking Ocean and inserting Marine ; and in section 9(c) ( 42 U.S.C. 12006(c) ), by striking ocean, and inserting marine, .

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Sec. 318

Marine energy researchJustin Gross

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