[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3509 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3509

  To amend the Energy Policy Act of 2005 to promote the research and 
development of technologies and best practices for the safe development 
 and extraction of natural gas and other petroleum resources, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2010

  Mr. Udall of Colorado (for himself, Mrs. Shaheen, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the Energy Policy Act of 2005 to promote the research and 
development of technologies and best practices for the safe development 
 and extraction of natural gas and other petroleum resources, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safer Oil and Gas Production 
Research and Development Act of 2010''.

SEC. 2. PROGRAM AUTHORITY.

    Section 999A of the Energy Policy Act of 2005 (42 U.S.C. 16371) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``ultra-deepwater'' and inserting 
                ``deepwater''; and
                    (B) by inserting ``well control and accident 
                prevention,'' after ``safe operations,'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Deepwater architecture, well control and accident 
        prevention, and deepwater technology, including drilling to 
        deep formations in waters greater than 500 feet.''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) Safety and environmental technology research and 
        development for drilling activities aimed at well control and 
        accident prevention performed by the Department.''; and
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``National Energy Technology Laboratory'' and inserting 
                ``Department''; and
                    (B) by striking ``, through the National Energy 
                Technology Laboratory,''.

SEC. 3. SAFE OIL AND GAS PRODUCTION ACCIDENT PREVENTION RESEARCH AND 
              DEVELOPMENT PROGRAM.

    Section 999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is 
amended--
            (1) in the section heading, by striking ``ultra-deepwater 
        and unconventional onshore natural gas and other petroleum'' 
        and inserting ``safe oil and gas production and accident 
        prevention'';
            (2) in subsection (a), by striking ``to maximize'' and all 
        that follows through the period at the end and inserting ``to 
        ensure the safe and environmentally responsible production of 
        natural gas and other petroleum resources of the United 
        States.'';
            (3) in subsection (c)(1)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) select projects on a competitive, peer-
                reviewed basis.''; and
            (4) in subsection (d)--
                    (A) in paragraph (6), by striking ``ultra-
                deepwater'' and inserting ``deepwater'';
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) Focus areas for awards.--
                    ``(A) Deepwater resources.--Awards from allocations 
                under section 999H(d)(1) shall focus on the research, 
                development, and demonstration of areas that include--
                            ``(i) individual exploration and production 
                        technologies aimed at improving operational 
                        safety and reducing environmental impacts of 
                        exploration and production activities, 
                        including drilling, well integrity systems, 
                        well control, and blowout prevention;
                            ``(ii) nontoxic materials for use in 
                        exploration and production activities; and
                            ``(iii) integrated systems approach based 
                        management for exploration and production in 
                        deepwater.
                    ``(B) Unconventional resources.--Awards from 
                allocations under section 999H(d)(2) shall focus on 
                research, development, and demonstration of areas that 
                include--
                            ``(i) advanced coalbed methane, deep 
                        drilling, natural gas production from tight 
                        sands, natural gas production from gas shales, 
                        stranded gas, innovative exploration and 
                        production techniques, and enhanced recovery 
                        techniques;
                            ``(ii) nontoxic materials for use in 
                        exploration and production activities;
                            ``(iii) safety and environmental mitigation 
                        in exploration and production activities; and
                            ``(iv) accident prevention and 
                        environmental mitigation of unconventional 
                        natural gas and other petroleum resources 
                        exploration and production.
                    ``(C) Small producers.--Awards from allocations 
                under section 999H(d)(3) shall be made to consortia 
                consisting of small producers or organized primarily 
                for the benefit of small producers, and shall focus on 
                areas that include--
                            ``(i) safety and accident prevention, 
                        environmental mitigation, well control and 
                        systems integrity, and complex geology 
                        involving rapid changes in the type and quality 
                        of the oil and gas reservoirs across the 
                        reservoir;
                            ``(ii) low reservoir pressure, 
                        unconventional natural gas reservoirs in 
                        coalbeds, deep reservoirs, tight sands, or 
                        shales; and
                            ``(iii) unconventional oil reservoirs in 
                        tar sands and oil shales.
                    ``(D) Safety and accident prevention technology 
                research and development.--Awards from allocations 
                under section 999H(d)(4) shall be expended on areas 
                that include--
                            ``(i) the development of improved cementing 
                        and casing technologies;
                            ``(ii) the best management practices for 
                        cementing, casing, and other well control 
                        activities and technologies; and
                            ``(iii) the development of integrity and 
                        stewardship guidelines for--
                                    ``(I) well-plugging and 
                                abandonment;
                                    ``(II) development of wellbore 
                                sealant technologies; and
                                    ``(III) improvement and 
                                standardization of blowout prevention 
                                devices.''; and
                    (C) by adding at the end the following:
            ``(8) Study; report.--
                    ``(A) Study.--As soon as practicable after the date 
                of enactment of this paragraph, the Secretary shall 
                enter into an arrangement with the National Academy of 
                Sciences under which the Academy shall conduct a study 
                to determine--
                            ``(i) whether the benefits provided through 
                        each award under this subsection during 
                        calendar year 2011 have been maximized; and
                            ``(ii) the new areas of research that could 
                        be carried out to meet the overall objectives 
                        of the program.
                    ``(B) Report.--Not later than January 1, 2012, the 
                Secretary shall submit to the appropriate committees of 
                Congress a report that contains a description of the 
                results of the study conducted under subparagraph (A).
                    ``(C) Optional updates.--The Secretary may update 
                the report described in subparagraph (B) for the 5-year 
                period beginning on the date described in that 
                subparagraph and each 5-year period thereafter.'';
            (5) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) in the second sentence of subparagraph 
                        (A), by inserting ``to the Secretary for 
                        review'' after ``submit''; and
                            (ii) in the first sentence of subparagraph 
                        (B), by striking ``Ultra-Deepwater'' and all 
                        that follows through ``and such Advisory 
                        Committees'' and inserting ``Program Advisory 
                        Committee established under section 999D(a), 
                        and the Advisory Committee''; and
                    (B) by adding at the end the following:
            ``(6) Research findings and recommendations for 
        implementation.--The Secretary, in consultation with the 
        Secretary of the Interior and the Administrator of the 
        Environmental Protection Agency, shall publish in the Federal 
        Register an annual report on the research findings of the 
        program carried out under this section and any recommendations 
        for implementation that the Secretary, in consultation with the 
        Secretary of the Interior and the Administrator of the 
        Environmental Protection Agency, determines to be necessary.'';
            (6) in subsection (i)--
                    (A) in the subsection heading, by striking ``United 
                States Geological Survey'' and inserting ``Department 
                of the Interior''; and
                    (B) by striking ``, through the United States 
                Geological Survey,''; and
            (7) in the first sentence of subsection (j), by striking 
        ``National Energy Technology Laboratory, on behalf of the''.

SEC. 4. ADDITIONAL REQUIREMENTS FOR AWARDS.

    Section 999C(b) of the Energy Policy Act of 2005 (42 U.S.C. 
16373(b)) is amended by striking ``an ultra-deepwater technology or an 
ultra-deepwater architecture'' and inserting ``a deepwater 
technology''.

SEC. 5. PROGRAM ADVISORY COMMITTEE.

    Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is 
amended to read as follows:

``SEC. 999D. PROGRAM ADVISORY COMMITTEE.

    ``(a) Establishment.--Not later than 270 days after the date of 
enactment of the Safer Oil and Gas Production Research and Development 
Act of 2010, the Secretary shall establish an advisory committee to be 
known as the `Program Advisory Committee' (referred to in this section 
as the `Advisory Committee').
    ``(b) Membership.--
            ``(1) In general.--The Advisory Committee shall be composed 
        of members appointed by the Secretary, including--
                    ``(A) individuals with extensive research 
                experience or operational knowledge of hydrocarbon 
                exploration and production;
                    ``(B) individuals broadly representative of the 
                affected interests in hydrocarbon production, including 
                interests in environmental protection and safety 
                operations;
                    ``(C) representatives of Federal agencies, 
                including the Environmental Protection Agency and the 
                Department of the Interior;
                    ``(D) State regulatory agency representatives; and
                    ``(E) other individuals, as determined by the 
                Secretary.
            ``(2) Limitations.--
                    ``(A) In general.--The Advisory Committee shall not 
                include individuals who are board members, officers, or 
                employees of the program consortium.
                    ``(B) Categorical representation.--In appointing 
                members of the Advisory Committee, the Secretary shall 
                ensure that no class of individuals described in any of 
                subparagraphs (A), (B), (D), or (E) of paragraph (1) 
                comprises more than \1/3\ of the membership of the 
                Advisory Committee.
    ``(c) Subcommittees.--The Advisory Committee may establish 
subcommittees for separate research programs carried out under this 
subtitle.
    ``(d) Duties.--The Advisory Committee shall--
            ``(1) advise the Secretary on the development and 
        implementation of programs under this subtitle; and
            ``(2) carry out section 999B(e)(2)(B).
    ``(e) Compensation.--A member of the Advisory Committee shall serve 
without compensation but shall be entitled to receive travel expenses 
in accordance with subchapter I of chapter 57 of title 5, United States 
Code.
    ``(f) Prohibition.--The Advisory Committee shall not make 
recommendations on funding awards to particular consortia or other 
entities, or for specific projects.''.

SEC. 6. DEFINITIONS.

    Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is 
amended--
            (1) in paragraph (1), by striking ``200 but less than 1,500 
        meters'' and inserting ``500 feet'';
            (2) by striking paragraphs (8), (9), and (10);
            (3) by redesignating paragraphs (2) through (7) and (11) as 
        paragraphs (4) through (9) and (10), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Deepwater architecture.--The term `deepwater 
        architecture' means the integration of technologies for the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at deepwater depths.
            ``(3) Deepwater technology.--The term `deepwater 
        technology' means a discrete technology that is specially 
        suited to address 1 or more challenges associated with the 
        exploration for, or production of, natural gas or other 
        petroleum resources located at deepwater depths.''; and
            (5) in paragraph (10) (as redesignated by paragraph (3)), 
        by striking ``in an economically inaccessible geological 
        formation, including resources of small producers''.

SEC. 7. FUNDING.

    Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is 
amended--
            (1) in the first sentence of subsection (a) by striking 
        ``Ultra-Deepwater and Unconventional Natural Gas and Other 
        Petroleum Research Fund'' and inserting ``Safe Oil and Gas 
        Production and Accident Prevention Research Fund'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``35 percent'' 
                and inserting ``21.5 percent'';
                    (B) in paragraph (2), by striking ``32.5 percent'' 
                and inserting ``21 percent''; and
                    (C) in paragraph (4)--
                            (i) by striking ``25 percent'' and 
                        inserting ``50 percent'';
                            (ii) by striking ``complementary research'' 
                        and inserting ``safety technology research and 
                        development''; and
                            (iii) by striking ``contract management,'' 
                        and all that follows through the period at the 
                        end and inserting ``and contract management.''; 
                        and
            (3) in subsection (f), by striking ``Ultra-Deepwater and 
        Unconventional Natural Gas and Other Petroleum Research Fund'' 
        and inserting ``Safe and Responsible Energy Production Research 
        Fund''.

SEC. 8. CONFORMING AMENDMENT.

    Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 
16371 et seq.) is amended by striking the subtitle heading and 
inserting ``Safe Oil and Gas Production and Accident Prevention 
Program''.
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