S. 5352

104 S5352 IS: Desalination Reauthorization Act
 U.S. Senate
 2026-08-06
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5352  IN THE SENATE OF THE UNITED STATES   August 6, 2026   Mr. Padilla  (for himself and  Mr. Cornyn ) introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To amend the Water Infrastructure Improvements for the Nation Act and the Water Desalination Act of 1996 to reauthorize certain desalination programs, and for other purposes.
1.
Short title
This Act may be cited as the   Desalination Reauthorization Act  .
2.
Desalination program reauthorization
(a)
Duration
Section 4013 of the Water Infrastructure Improvements for the Nation Act ( 43 U.S.C. 390b  note;  Public Law 114–322 ) is amended—
(1)
in the matter preceding paragraph (1), by striking  its enactment  and inserting  enactment of this Act ;
(2)
in paragraph (1), by striking  the date of its enactment; and  and inserting  that date of enactment; ; and
(3)
in paragraph (2), by striking  in sections 4007, 4009(a), and 4009(c).  and inserting the following:
under section 4007 or the amendment made by section 4009(c); and
(3)
projects carried out under paragraph (2) of section 4(a) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301  note;  Public Law 104–298 ) (as amended by section 4009(a)), which shall expire on the date that is 15 years after that date of enactment.
 .
(b)
Desalination demonstration and development
Section 4(a)(2) of the Water Desalination Act of 1996 ( 42 U.S.C. 10301  note;  Public Law 104–298 ) is amended by striking subparagraphs (A) and (B) and inserting the following:
(A)
Definition of eligible desalination project
In this paragraph, the term  eligible desalination project  means a project—
(i)
(I)
that is located in a Reclamation State; or
(II)
the construction, operation, sponsorship, or funding of which is the responsibility of, and the primary water supply benefit of which accrues to, 1 or more entities in a Reclamation State;
(ii)
that involves an ocean or brackish water desalination facility—
(I)
constructed, operated, and maintained by a State, Indian Tribe, irrigation district, water district, or other organization with water or power delivery authority; or
(II)
sponsored or funded by any combination of a State, department of a State, political subdivision of a State, or public agency organized pursuant to State law, including through direct sponsorship or funding of not less than 25 percent of the planning, design, and construction costs of the project, including through in-kind contributions; and
(iii)
that provides a Federal benefit in accordance with the reclamation laws (including regulations).
(B)
Participation by Secretary
(i)
In general
Subject to the requirements of this subsection, the Secretary may participate in an eligible desalination project in an amount equal to not more than 25 percent of the total cost of the eligible desalination project.
(ii)
No project cost cap
The Secretary shall not impose any dollar limitation on participation in an eligible desalination project under this subparagraph.
 .
(c)
Desalination research program
Section 3 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301  note;  Public Law 104–298 ) is amended by adding at the end the following:
(f)
Advanced pilot technology grants
(1)
In general
In order to validate the effective performance of innovations in desalination technologies, including the technologies described in this section, the Secretary shall provide grants on a competitive basis for the development and operation of advanced pilot desalination technologies and first-of-a-kind systems in realistic operating environments for purposes of establishing technical feasibility and validating the technical performance and levelized cost of processes for—
(A)
converting saline water, brackish water, seawater, or wastewater into usable water; and
(B)
cost-effectively treating, managing, or disposing of brine discharges.
(2)
Technoeconomic analyses
In administering grants under this subsection, the Secretary shall ensure that all advanced pilot system studies include rigorous and quantitative technoeconomic analyses in order to estimate the levelized cost of water produced by those systems at full scale.
(3)
Engagement of others; prioritization
Subsections (c) and (e) shall apply to grants provided under this subsection.
 .
(d)
Cost sharing
Section 7 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301  note;  Public Law 104–298 ) is amended, in the first sentence, by striking  study, or  and inserting  study, advanced pilot, or .