Introduced in Senate — S. 5352

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.

Section 1. Short title

This Act may be cited as the Desalination Reauthorization Act.

Sec. 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.