[House Report 110-801]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-801

======================================================================



 
                 PRODUCED WATER UTILIZATION ACT OF 2008

                                _______
                                

 July 30, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2339]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 2339) to encourage research, development, and 
demonstration of technologies to facilitate the utilization of 
water produced in connection with the development of domestic 
energy resources, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose.........................................................2
 III. Background and Need for the Legislation.........................3
  IV. Hearing Summary.................................................3
   V. Committee Actions...............................................4
  VI. Summary of Major Provisions of the Bill.........................4
 VII. Section-by-Section Analysis.....................................4
VIII. Committee Views.................................................5
  IX. Cost Estimate...................................................5
   X. Congressional Budget Office Cost Estimate.......................6
  XI. Compliance with Public Law 104-4................................6
 XII. Committee Oversight Findings and Recommendations................7
XIII. Statement on General Performance Goals and Objectives...........7
 XIV. Constitutional Authority Statement..............................7
  XV. Federal Advisory Committee Statement............................7
 XVI. Congressional Accountability Act................................7
XVII. Earmark Identification..........................................7
XVIII.Statement on Preemption of State, Local, or Tribal Law..........7

 XIX. Committee Recommendations.......................................7
  XX. Proceedings of the Subcommittee Markup..........................9
 XXI. Proceedings of the Full Committee Markup.......................28

                              I. AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Produced Water Utilization Act of 
2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Produced water.--The term ``produced water'' means water 
        from an underground source that is brought to the surface as 
        part of the process of exploration for or development of 
        coalbed methane, oil, natural gas, or any other substance to be 
        used as an energy source.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

SEC. 3 PURPOSES.

  (a) In General.--The Secretary shall carry out under this Act a 
program of research, development, and demonstration of technologies for 
environmentally sustainable utilization of produced water for 
agricultural, irrigational, municipal, and industrial uses, or other 
environmentally sustainable purposes. The program shall be designed to 
maximize the utilization of produced water in the United States by 
increasing the quality of produced water and reducing the environmental 
impacts of produced water.
  (b) Program Elements.--The program under this Act shall address the 
following areas, including improving safety and minimizing 
environmental impacts of activities within each area:
          (1) Produced water recovery, including research for 
        desalination and demineralization to reduce total dissolved 
        solids in the produced water.
          (2) Produced water utilization for agricultural, 
        irrigational, municipal, and industrial uses, or other 
        environmentally sustainable purposes.
          (3) Re-injection of produced water into subsurface geological 
        formations to increase energy production.
  (c) Program Administration.--To carry out the purposes under this 
Act, the Secretary may enter into an agreement with a consortium whose 
members have collectively demonstrated capabilities and experience in 
planning and managing research, development, demonstration, and 
commercial application programs for unconventional natural gas and 
other petroleum production and produced water utilization.
  (d) Activities at the National Laboratories.--The Secretary, through 
the appropriate National Laboratory, shall carry out a program of 
research, development, and demonstration activities complementary to 
and supportive of the research, development, and demonstration programs 
under subsection (b).

SEC. 4. CONSULTATION AND COORDINATION.

  (a) Consultation.--In carrying out this Act, the Secretary shall 
consult with the Secretary of the Interior and the Administrator of the 
Environmental Protection Agency.
  (b) Coordination.--To the maximum extent practicable, the Secretary 
shall ensure that the activities under this Act are coordinated with, 
and do not duplicate the efforts of, programs at the Department of 
Energy and other government agencies.

SEC. 5. FUNDING.

  (a) Allocation.--Amounts appropriated for this Act for each fiscal 
year shall be allocated as follows:
          (1) 75 percent shall be for activities under section 3(a), 
        (b), and (c).
          (2) 25 percent shall be for activities under section 3(d) and 
        other activities under section 3, including administrative 
        functions such as program direction, overall program oversight, 
        and contract management.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $20,000,000 for each of fiscal years 
2009 through 2013.

                              II. PURPOSE

    The purpose of the H.R. 2339 is to increase research, 
development, and demonstration of technologies for 
environmentally sustainable utilization of produced water for 
agricultural, municipal, and industrial uses.

                III. BACKGROUND AND NEED FOR LEGISLATION

    The population of the United States is increasing, and as 
the population increases, additional potable water supplies are 
required to sustain individuals, agricultural production, and 
industrial users, particularly in the Mountain West and desert 
Southwest, where water resources are scarce. During the 
development of domestic energy sources, including coal-bed 
methane, oil, and natural gas, water may be extracted from 
underground sources and brought to the surface, often 
increasing energy production from subsurface geological 
formations in the process. Produced water frequently contains 
increased levels of potentially harmful dissolved solids, 
rendering much of the water non-potable and unsuitable for 
agricultural or industrial uses, and encouraging re-injection 
of the water to subsurface geological formations to safely 
dispose of it. This may lead to reduced production of domestic 
energy resources and increased costs to producers.
    The environmentally responsible surface utilization of 
produced water would increase water supply, reduce the amount 
of produced water returned to underground formations, and 
increase domestic energy production by reducing costs 
associated with re-injection of produced water to the 
subsurface. At a time when usable water supplies are more vital 
than ever to support our growing economy, safe and sustainable 
uses of produced water need to be researched and pursued, for 
human, agricultural and industrial uses. This legislation 
addresses environmental concerns, water use issues and energy 
production benefits.

                          IV. HEARING SUMMARY

    The Energy and Environment Subcommittee held several 
hearings throughout the 110th Congress on water conservation 
and efficiency including a hearing on Tuesday, October 30, 2007 
to hear testimony on H.R. 3957 (and also H.R. 2339, The 
Produced Water Utilization Act) from the following witnesses:
     Dr. Glen Daigger, Vice President at CH2MHill.
     Mr. Ed Clerico, CEO of Alliance Environmental and 
Designer at the Solaire Project in NYC.
     Ms. Val Little, Director of the Water Conservation 
Alliance of Southern Arizona and Principal Research Specialist 
at the University of Arizona's College of Architecture and 
Landscape Architecture.
     Mr. Ron Thompson, District Manager of the 
Washington County Water Conservancy District.
     Mr. John Veil, Senior Scientist at Argonne 
National Laboratory.
    Mr. Veil suggested that the federal government support a 
significant research program to develop and improve 
technologies for treating produced water so that it can be 
reused. He stated the program should support development of 
technologies that can remove dissolved solids so that produced 
water can be reused for agriculture, irrigation, or human 
consumption.

                          V. COMMITTEE ACTIONS

    On May 16, 2007, Rep. Ralph Hall introduced H.R. 2339, The 
Produced Water Utilization Act of 2007 which was referred to 
the Committee on Science and Technology.
    In the 110th Congress the Subcommittee on Energy and 
Environment met to consider H.R. 2339 on May 6, 2008.
    The following amendment was offered to H.R. 2339:
    On behalf of Mr. Hall an Amendment-in-the-Nature-of-a-
Substitute. The amendment removes the ``Findings'' section, 
removes the definition for ``Existing Program'' and clarifies 
the intent of the legislation in terms of administering the 
program. Under the substitute language, the Secretary of DOE 
shall carry out the program but may enter into an agreement 
with a ``consortium'' to carry out certain aspects of the 
program.
    The amendment was agreed to by voice vote.
    Mr. Inglis moved that the Subcommittee favorably report the 
bill, H.R. 2339, to the Full Committee on Science and 
Technology. The motion was agreed to by a voice vote.
    The Committee on Science and Technology met to consider 
H.R. 2339 on July 16, 2008. The legislation was agreed to by a 
voice vote.
    Mr. Hall moved that the Committee favorably report the 
bill, H.R. 2339 to the House, as amended. The motion was agreed 
to by a voice vote.

              VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

    H.R. 2339 would direct the Secretary to establish a program 
of research, development, and demonstration of technologies for 
environmentally sustainable utilization of produced water for 
irrigational, municipal, and industrial uses, authorizing $20 
million each year for fiscal years 2009 through 2013. The 
program would address produced water recovery, produced water 
utilization and re-injection of produced water. The program 
also establishes a complementary R&D program at the appropriate 
DOE National Laboratory.

       VII. SECTION-BY-SECTION ANALYSIS OF THE BILL (BY SECTION)

Section 1. Short title

    This section establishes the short title of the bill as the 
``Produced Water Utilization Act of 2008''.

Sec. 2. Definitions

    Defines terms used in the text of the bill.

Sec. 3. Purposes

    The bill requires the Secretary to carry out a program of 
research, development, and demonstration of technologies for 
environmentally sustainable utilization of produced water for 
agricultural, irrigational, municipal, and industrial uses, or 
other environmentally sustainable purposes. The program will 
focus on three areas as well as improving safety and minimizing 
environmental impacts in areas that deal with produced water 
recovery. The three areas are (1) Produced water recovery, 
including research for desalination and demineralization to 
reduce total dissolved solids in the produced water; (2) 
Produced water utilization for agricultural, irrigation, 
municipal, or industrial uses, or other environmentally 
sustainable purposes; and (3) Re-injection of produced water 
into subsurface geological formations to increase energy 
production.
    The bill allows for the program to be administered by a 
consortium with relevant experience, and sets up a 
complementary program at the appropriate National Laboratory.

Sec. 4. Consultation and coordination

    The bill also requires consultation with the Secretary of 
the Interior and the Administrator of the Environmental 
Protection Agency, and coordination with other programs at the 
Department of Energy and other government agencies to avoid any 
duplication of efforts.

Sec. 5. Funding

    The bill specifies that 25% of the allocated funds shall be 
for activities at the National Lab and 75% shall be allocated 
for the other program purposes. There are authorized to be 
appropriated to carry out this Act $20,000,000 for each of 
fiscal years 2009 through 2013.

                         VIII. COMMITTEE VIEWS

    The Committee finds that research and development into 
utilization of produced water has considerable potential to 
help meet the dual needs of increased supplies of energy and 
increased supplies of water by increasing the amount of water 
available for beneficial use. The utilization of produced water 
reduces the amount of water that needs to be reinjected into 
the ground at great expense to small energy producers and 
ultimately passed along to energy consumers. It is the 
intention of the Committee that the Department of Energy (DOE) 
expeditiously establishes the program set forth in this bill.
    While the Committee does not wish to specify which, if any, 
organization should receive the funding for this research, in 
regards to Section 3(c), the Committee acknowledges the 
existence of a consortium with expertise to carry out the 
purposes under this Act. The Research Partnership to Secure 
Energy for America is a non-profit corporation of U.S. energy 
research universities, industry and independent research 
organizations from all areas of the country currently engaged 
in research, development and demonstration of technologies to 
bring additional supplies of oil and natural gas to the 
citizens of the United States.

                           IX. COST ESTIMATE

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 2339 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. H.R. 
2339 does authorize additional discretionary spending of $71 
million, as described in the Congressional Budget Office report 
on the bill, which is contained in Section X of this report.

              X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 2339--Produced Water Utilization Act of 2008

    Summary: H.R. 2339 would direct the Secretary of Energy to 
establish a research program to promote the safe use of 
underground water that is brought to the surface through 
processes to develop certain mineral resources. (Because water 
produced from such processes typically contains high levels of 
contaminants, it usually must be treated before it can be 
safely used or discharged.) The bill would authorize 
appropriations totaling $100 million over the 2009-2013 period 
to research, develop, and demonstrate technologies to 
facilitate the use of such water for agriculture and irrigation 
as well as for municipal, industrial, and other purposes.
    Based on information from the Department of Energy (DOE) 
and assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 2339 would cost $71 million 
over the 2009-2013 period, with additional spending occurring 
in later years. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 2339 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that the authorized amounts will be 
provided near the start of each fiscal year and that outlays 
will follow historical spending patterns for existing research 
and demonstration programs administered by DOE. The estimated 
budgetary impact of H.R. 2339 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2009     2010     2011     2012     2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       20       20       20       20       20       100
Estimated Outlays.......................................        7       13       15       17       19        71
----------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local, and tribal Governments: 
H.R. 2339 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would not affect the budgets of 
state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Neil Hood; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                  XI. COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 2339 contains no unfunded mandates.

         XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    The oversight findings and recommendations of the Committee 
on Science and Technology are reflected in the body of this 
report.

      XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c) of House Rule XIII, the goals of 
H.R. 2339 are to provide for the beneficial re-use of produced 
water through research, development and demonstration of 
technologies.

                XIV. CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2339.

                XV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 2339 does not establish or authorize a new advisory 
committee.

                 XVI. CONGRESSIONAL ACCOUNTABILITY ACT

    The Committee finds that H.R. 2339 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. EARMARK IDENTIFICATION

    H.R. 2339 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

     XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any state, local, or 
tribal law.

                     XIX. COMMITTEE RECOMMENDATIONS

    On July 16, 2008, the Committee on Science and Technology 
favorably reported the bill, H.R. 2339, the ``Produced Water 
Utilization Act of 2008'' by a voice vote, and recommended its 
passage by the House of Representatives.


    XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENERGY AND 
  ENVIRONMENT ON H.R. 2339, THE PRODUCED WATER UTILIZATION ACT OF 2007

                              ----------                              


                          TUESDAY, MAY 6, 2008

                  House of Representatives,
            Subcommittee on Energy and Environment,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:10 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Nick 
Lampson [Chairman of the Subcommittee] presiding.
    Chairman Lampson. Good morning. The Subcommittee on Energy 
and Environment will come to order.
    Pursuant to notice, the Subcommittee on Energy and 
Environment meets to consider the following measures: H.R. 
3957, the Water Use Efficiency and Conservation Research Act, 
and H.R. 2339, the Produced Water Utilization Act of 2007.
    We will now proceed with the markup beginning with opening 
statements, and I will begin.
    Today the Subcommittee will consider two bills aimed at 
increasing water supply through research and technology 
innovation. Water utilities across the country withdraw roughly 
40 billion gallons of water per day for domestic consumption, 
industrial processing, energy production and fire protection. 
As population and energy use continue to grow, so will the 
demand for water. We need to find ways to preserve, reuse and 
augment our water supplies.
    First, we will take up H.R. 3957, the Water Use Efficiency 
and Conservation Research Act, introduced by Representative Jim 
Matheson. H.R. 3957 establishes a research and development 
program within the Environmental Protection Agency's Office of 
Research and Development to promote water use efficiency and 
conservation.
    Through this program, EPA will be able to develop and 
encourage the adoption of technologies and processes that will 
achieve greater water use efficiency, thus helping to address 
the water supply shortages. The program will help spur 
innovation in the collection, treatment and reuse of rainwater 
and greywater, the wastewater from sinks, baths and kitchen 
appliances.
    Next, we will consider H.R. 2339, the Produced Water 
Utilization Act, introduced by my colleague from Texas and our 
Ranking Member, Mr. Hall. This bill creates a research, 
development and demonstration program to promote the beneficial 
reuse of water produced in connection with oil and gas 
extraction. In the United States, up to 2.3 billion gallons per 
day of produced water is generated, and unfortunately, this 
water is not of sufficient quality to be used to meet many of 
our needs for water. This legislation will produce innovative 
treatment technologies that will enable the refuse of this 
water in an environmentally responsible way.
    These two bills are important steps in ensuring adequate 
water supply across the United States. I ask my colleagues to 
support passage of both pieces of legislation by our 
subcommittee this morning.
    [The prepared statement of Chairman Lampson follows:]
              Prepared Statement of Chairman Nick Lampson
    Today the Subcommittee will consider two bills aimed at increasing 
water supply through research and technology innovation. Water 
utilities across the country withdraw roughly 40 billion gallons of 
water per day for domestic consumption, industrial processing, energy 
production, and fire protection. As population and energy use continues 
to grow, so will the demand for water. We need to find ways to 
preserve, reuse, and augment our water supplies.
    First, we will take up H.R. 3957, the Water Use Efficiency and 
Conservation Research Act introduced by Representative Jim Matheson. 
H.R. 3957 establishes a research and development program within the 
Environmental Protection Agency's Office of Research and Development to 
promote water-use efficiency and conservation.
    Through this program, EPA will be able to develop and encourage the 
adoption of technologies and processes that will achieve greater water-
use efficiency thus helping to address the water supply shortages. The 
program will help spur innovation in the collection, treatment, and 
reuse of rainwater and greywater--the waste water from sinks, baths and 
kitchen appliances.
    Next, we will consider H.R. 2339, the Produced Water Utilization 
Act introduced by my colleague from Texas and our Ranking Member, Mr. 
Hall. This bill creates a research, development, and demonstration 
program to promote the beneficial reuse of water produced in connection 
with oil and gas extraction. In the United States, up to 2.3 billion 
gallons per day of produced water is generated. Unfortunately, this 
water is not of sufficient quality to be used to meet our many needs 
for water. This legislation will provide innovative treatment 
technologies that will enable the reuse of this water in an 
environmentally responsible way.
    These two bills are important steps in ensuring adequate water 
supply across the United States. I ask my colleagues to support passage 
of both pieces of legislation by our subcommittee this morning.

    Chairman Lampson. I now recognize Mr. Inglis to present his 
opening remarks.
    Mr. Inglis. Thank you, Mr. Chairman, for holding this 
markup. I appreciate Ranking Member Hall's and Mr. Matheson's 
work to introduce the bills we will address today. H.R. 2339, 
the Produced Water Utilization Act, and H.R. 3957, the Water 
Use Efficiency and Conservation Research Act, both highlight 
the need to think more conservatively about invaluable water 
resources.
    We don't have to look far to realize the devastating 
effects water shortages can have in our lives. Fires 
threatening and destroying California, droughts debilitating 
crops in South Carolina and a number of other southeastern 
states, and global citizens have to travel farther and farther 
to have access to fresh water. By supporting research, 
development and demonstration projects in water use efficiency, 
conservation, and the challenges raised by produced water, we 
can help improve our national and global response to water 
shortages.
    Mr. Chairman, when we held a Subcommittee hearing on H.R. 
3957 in October, the witnesses testified that there had been 
significant amount of investment from the private sector in 
water technologies. Since EPA was not invited as a witness to 
that hearing, I asked the EPA for comments on the work they 
were already doing in this area. I am sad to say that they have 
not yet replied to my request, and I would ask the EPA to 
submit their suggestions before the Full Committee markup.
    Mr. Chairman and Mr. Matheson, I hope we can work together 
to ensure that we do not jeopardize or duplicate the work 
already being done at EPA and in the private sector.
    Thank you, Mr. Chairman, and I look forward to working with 
you to advance the legislation.
    [The prepared statement of Mr. Inglis follows:]
            Prepared Statement of Representative Bob Inglis
    Thank you for holding this markup, Mr. Chairman.
    I appreciate Ranking Member Hall's and Mr. Matheson's work to 
introduce the bills we will address today. H.R. 2339, the Produced 
Water Utilization Act, and H.R. 3957, the Water Use Efficiency and 
Conservation Research Act, both highlight the need to think more 
conservatively about invaluable water resources.
    We don't have to look far to realize the devastating effects water 
shortages can have in our lives--fires threaten and destroy California, 
droughts debilitate crops in South Carolina and a number of other 
southeastern states, and global citizens have to travel farther and 
farther to have access to fresh water. By supporting research, 
development, and demonstration projects in water use efficiency, 
conservation, and the challenges raised by produced water, we can help 
improve our national and global response to water shortages.
    Mr. Chairman, when we held a Subcommittee hearing on H.R. 3957 back 
in October, the witnesses testified that there has been a significant 
amount of investment from the private sector in water technologies. 
Since EPA was not invited as a witness to that hearing, I asked for 
EPA's comments on what work they are already doing in this area. I'm 
disappointed that EPA has not yet replied to my request, and would ask 
that EPA submit their suggestions before the Full Committee markup. Mr. 
Chairman and Mr. Matheson, I hope we can work together to ensure that 
we do not jeopardize or duplicate the work already being done at EPA 
and in the private sector.
    Thank you again, Mr. Chairman, and I look forward to working with 
you to advance this legislation.

    Chairman Lampson. Thank you, Mr. Inglis.
    Without objection, Members may place additional opening 
remarks in the record at this point.
    We will now consider H.R. 2339, the Produced Water 
Utilization Act of 2007.
    I yield to the Ranking Member of the Full Committee five 
minutes to describe this bill. Mr. Hall.
    Mr. Hall. Mr. Chairman, I thank you for marking up H.R. 
2339, the Produced Water Utilization Act of 2007. The United 
States has an enormous reserve of energy from oil and natural 
gas within our borders, both on land and in our offshore 
development areas. However, for every barrel of oil produced, 
extraction of these vital domestic resources produces 10 
barrels of saline, brackish and generally unusable water. In 
fact, today we generate over five billion gallons of produced 
water every day. This water is to a large extent currently 
unusable and environmentally hazardous. To dispose of produced 
water, in many circumstances, producers have to re-inject it 
into geologic formations, a great expense to small producers 
throughout the country, and at a time when usable water 
supplies are more vital than ever to support our growing 
economy, safe and sustainable uses of produced water need to be 
researched and pursued for human, agricultural and industrial 
uses. This legislation, Mr. Chairman, addresses environmental 
concerns, water use issues and energy production benefits.
    I supported the Udall amendment that passed the House last 
year. More recently it was included as part of Senate 2739, the 
Consolidated Natural Resources Act of 2008 that passed the 
House on April 29. My bill would build on the ``More Water and 
More Energy Act'' and provide additional federal funds to 
engage in research and development efforts to speed the 
utilization of produced water for agricultural and industrial 
purposes. Additionally, my bill does not constrain research 
projects to a certain geographic region of the country. I 
actually believe that both of our bills would add a lot of 
needed funding and a lot of needed attention to this issue.
    I thank you, and I yield back my time.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, thank you for marking up my bill today, H.R. 2339, 
the Produced Water Utilization Act of 2007. The United States still has 
an enormous reserve of energy from oil and natural gas within our 
borders--both on land and in our offshore development areas. However, 
for every barrel of oil produced, extraction of these vital domestic 
resources produces ten barrels of saline, brackish and generally 
unusable water. In fact, today we generate over five billion gallons of 
produced water every day. This water is, to a large extent, currently 
unusable and environmentally hazardous. To dispose of produced water in 
many circumstances, producers must re-inject it into geologic 
formations, a great expense to small producers throughout the country. 
At a time when usable water supplies are more vital than ever to 
support our growing economy, safe and sustainable uses of produced 
water need to be researched and pursued, for human, agricultural and 
industrial uses. This legislation addresses environmental concerns, 
water use issues and energy production benefits.
    I supported Mr. Udall's bill that passed the House last year. More 
recently it was included as part of S. 2739, the Consolidated Natural 
Resources Act of 2008 that passed the House on April 29th. My bill 
would build on the ``More Water and More Energy Act'' and provide 
additional federal funds to engage in research and development efforts 
to speed the utilization of produced water for agricultural and 
industrial purposes. Additionally, my bill does not constrain research 
projects to a certain geographic region of the country. I believe that 
both of our bills would add much needed funding and attention to this 
issue.
    I yield back the balance of my time.

    Chairman Lampson. Thank you, Mr. Hall. I would just like to 
reiterate my support for the gentleman's bill and I look 
forward to working with him as we move forward.
    Does anyone else wish to be recognized? I ask unanimous 
consent that the bill is considered as read and open to 
amendment at any point and that Members proceed with the 
amendments in the order of the roster. Without objection, so 
ordered.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by Mr. Hall. Mr. Hall, are you 
ready to proceed with your amendment?
    Mr. Hall. I am, sir.
    Chairman Lampson. The Clerk will report the amendment.
    The Clerk. Amendment in the nature of a substitute to H.R. 
2339 offered by Mr. Hall of Texas.
    Chairman Lampson. I ask unanimous consent to dispense with 
the reading, and without objection, so ordered. I recognize Mr. 
Hall for five minutes to explain the amendment.
    Mr. Hall. Mr. Chairman, the Hall substitute amendment makes 
minor changes to the underlying bill. It deletes the findings, 
deletes the definition of an existing program and deletes the 
specific mention of the National Energy Technology Laboratory 
in order to allow the Secretary more discretion in 
administering the program.
    In addition, a coordination clause was added to ensure 
efforts in the area of produced water are not duplicated at the 
Department of Energy or other governmental agency. Technical 
changes were made adjusting the year and the title of the Act 
and the funding years were changed from 2008 to 2016--wait a 
minute--2008 through 2016 to 2009 through 2013.
    I thank you for allowing me to explain my amendment and I 
urge my colleagues to support its passage without questions.
    Chairman Lampson. You are very welcome.
    Is there any further discussion on the amendment? Are there 
any amendments to Mr. Hall's amendment in the nature of a 
substitute? If not, the vote occurs on the amendment. All in 
favor say aye. Those opposed, no. The ayes have it. The 
amendment is agreed to.
    Are there any other amendments? Hearing none, the vote is 
on the bill, H.R. 2339, the Produced Water Utilization Act of 
2007, as amended. All those in favor will say aye. Those 
opposed, no. In the opinion of the Chair, the ayes have it.
    I recognize Mr. Inglis to offer a motion.
    Mr. Inglis. Mr. Chairman, I move that the Subcommittee 
favorably report H.R. 2339 as amended to the Full Committee. 
Furthermore, I move that the staff be instructed to prepare the 
Subcommittee legislative report and make necessary technical 
and conforming changes to the bill as amended in accordance 
with the recommendations of the Subcommittee.
    Chairman Lampson. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Those opposed, no. The ayes have it and the bill 
is favorably reported.
    Without objection the motion to reconsider is laid upon the 
table. Subcommittee Members may submit additional or Minority 
views on the measure.
    I want to thank the Members for their attendance. This 
concludes our Subcommittee markup. Mr. Hall can go make his 
speech and the rest of us can have a good day. We are 
adjourned.
    [Whereupon, at 10:22 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 2339, Section-by-Section Analysis, Amendment Roster





               Section-by-Section Analysis of H.R. 2339,
               the Produced Water Utilization Act of 2007

Sec. 1. Short Title

    ``Produced Water Utilization Act of 2007''

Sec. 2. Findings

    Describes the need for the legislation.

Sec. 3. Definitions

    Defines terms used in the text of the bill.

Sec. 4. Purposes

    The bill requires the Secretary to carry out a program, in 
conjunction with an existing program, of research, development, and 
demonstration of technologies for environmentally sustainable 
utilization of produced water for agricultural, irrigational, 
municipal, and industrial uses, or other environmentally sustainable 
purposes. The program will focus on three areas as well as improving 
safety and minimizing environmental impacts in areas that deal with 
produced water recovery. The three areas are (1) Produced water 
recovery, including research for desalination and demineralization to 
reduce total dissolved solids in the produced water; (2) Produced water 
utilization for agricultural, irrigation, municipal, or industrial 
uses, or other environmentally sustainable purposes; and (3) Re-
injection of produced water into subsurface geological formations to 
increase energy production.
    The bill requires that the program be administered by a consortium 
with relevant experience, and sets up a complementary program at the 
National Energy Technology Laboratory.
    The bill also requires consultation with the Secretary of the 
Interior and the Administrator of the Environmental Protection Agency.

Sec. 5. Sunset

    The authority provided by the Act terminates on September 30, 2016.

Sec. 6. Funding

    The bill specifies that 25 percent of the allocated funds shall be 
for activities at the National Lab and 75 percent shall be allocated 
for the other program purposes. There are authorized to be appropriated 
to carry out this Act $20,000,000 for each of fiscal years 2008 through 
2016.





    XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 2339, THE 
                 PRODUCED WATER UTILIZATION ACT OF 2007

                              ----------                              


                        WEDNESDAY, JULY 16, 2008

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:05 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. Good morning. The Committee will come to 
order.
    Pursuant to notice, the Committee on Science and Technology 
meets to consider the following measures: H.R. 3957, the Water 
Use Efficiency and Conservation Research Act; H.R. 2339, the 
Produced Water Utilization Act of 2007; and H.R. 6323, To 
establish a research, development, demonstration and commercial 
application program to promote research of appropriate 
technologies for heavy duty plug-in hybrid vehicles, and for 
other purposes.
    Before we start the markup, we have some Committee business 
to attend to. Yesterday, Ms. Donna Edwards of Maryland was 
appointed to serve on the Committee on Science and Technology. 
We currently have an open subcommittee slot on the Energy and 
Environmental Subcommittee, and I would like to ask unanimous 
consent that Ms. Edwards be elected to the Subcommittee. 
Without objection, so ordered.
    Congratulations, Ms. Edwards. I know that a lot that we do 
here on this committee affects Maryland and we look forward to 
working with you to get your input on that and also for you to 
be a liaison as well as Mr. Bartlett.
    Mr. Bartlett, do you want to welcome our new Member?
    Mr. Bartlett. Very happy to have you aboard. Our districts 
adjoin each other. When we have common interests, I will look 
forward to working with you. Thank you.
    Ms. Edwards. Thank you, Mr. Chairman and Mr. Bartlett. 
Thank you.
    Chairman Gordon. And when you don't have common interests, 
you will still work with her though, won't you?
    Mr. Bartlett. Absolutely, but all the more so when we have 
common interests.
    Chairman Gordon. Thank you. We will now proceed with the 
markup.
    Dwindling water supplies across the United States continue 
to percolate as the major disaster on our nation's horizon. 
Despite large spring rains in some states, the U.S. Drought 
Monitor shows that severe drought still grips the American 
Southeast, California across the Rocky Mountains, and Oklahoma 
and the Texas panhandle. In an effort to protect the country 
from an impending water scarcity crisis, the Committee has 
begun to search out ways for the Federal Government to spur new 
technology innovation in water research and development. Today 
the Committee will consider two bills aimed at preventing a 
future water supply catastrophe.
    First, we will take up H.R. 3957, the Water Use Efficiency 
and Conservation Research Act, introduced by Representative Jim 
Matheson. H.R. 3957 establishes a research and development 
program within the Environmental Protection Agency's Office of 
Research and Development to promote water-use efficiency and 
conservation.
    Through this program, EPA will be able to develop and 
encourage the adoption of technologies and processes that will 
achieve greater water-use efficiencies, thus helping to address 
the water supply shortages. In addition, H.R. 3957 directs EPA 
to disseminate information on current water-use efficiencies 
and conservation technologies. This information will include 
incentives and impediments to development and 
commercialization.
    Next we will consider H.R. 2339, the Produced Water 
Utilization Act, introduced by our colleague from Texas and our 
Ranking Member, Mr. Hall. This bill creates a research, 
development and demonstration program to promote beneficial 
reuse of water produced in connection with oil and gas 
extraction. In the United States, up to 2.3 billion gallons per 
day of produced water is generated. Unfortunately, this water 
is not of sufficient quality to be used to meet our many needs 
for water. This legislation will provide innovative treatment 
technologies that will enable the reuse of this water in an 
environmentally responsible way.
    Let me also say that Congressman Hall and I have been 
discussing the issues of water. We think there are a variety of 
other things. We started this effort this year. We are going to 
continue to look into it next year and we hope that we are 
going to have again probably a series of bipartisan bills that 
we might combine for a real, again a major effort in water 
conservation and technologies for this important problem that 
faces our nation.
    Finally, we will consider H.R. 6323, the Heavy Duty Hybrid 
Research, Development and Demonstration Act, introduced by the 
Ranking Member of the Investigations and Oversight 
Subcommittee, Mr. Sensenbrenner. With skyrocketing full prices, 
energy concerns have been cemented at the forefront of public 
awareness. This committee has responded by pursuing an 
aggressive energy agenda in 2010 and we will continue this in 
the next Congress, and we provided a substantial portfolio of 
bills to the comprehensive energy package which became law last 
December. Mr. Sensenbrenner's bill represents another common 
sense approach to chipping away at our energy challenge.
    The heavy duty sector accounts for a very large portion of 
the Nation's fuel use and transportation-based emissions and 
even small improvements in their efficiency can have a 
substantial impact. Hybrid technologies hold the promise of 
greatly reducing the fuel consumption by the Nation's truck 
fleet. Mr. Sensenbrenner and his staff have worked closely with 
the Majority to ensure that grants under this program explore a 
wide range of hybrid technologies and applications and he has 
made further improvements with an amendment in the nature of a 
substitute.
    These three bills are important steps in ensuring that we 
have adequate water and power supplies across the country, and 
in pushing innovation in the heavy truck sector. I want to 
thank Representative Matheson, Representative Sensenbrenner and 
Ranking Member Hall for their efforts in these two important 
areas, and I ask that Members of the Committee support all 
three bills and move for their passage out of the Committee.
    I now recognize Mr. Hall to present his opening remarks.
    [The prepared statement of Chairman Gordon follows:]
               Prepared Statement of Chairman Bart Gordon
    Good Morning. The Committee will come to order. Pursuant to notice, 
the Committee on Science and Technology meets to consider the following 
measures:

 H.R. 3957, the Water Use Efficiency and Conservation Research 
            Act;

 H.R. 2339, the Produced Water Utilization Act of 2007; and,

 H.R. 6323, To establish a research, development, 
            demonstration, and commercial application program to 
            promote research of appropriate technologies for heavy duty 
            plug-in hybrid vehicles, and for other purposes.

    Before we get started with the markup, we have some Committee 
business to attend to. Yesterday Ms. Donna Edwards of Maryland was 
appointed to serve on the Committee on Science and Technology.
    We currently have an open subcommittee slot on the Energy and 
Environment Subcommittee. I would ask unanimous consent that Ms. 
Edwards be elected to this subcommittee. Without objection, so ordered.
    Congratulations, and welcome to the Committee, Ms. Edwards.
    We will now proceed with the markup.
    Dwindling water supplies across the United States continue to 
percolate as a major disaster on our nation's horizon. Despite 
tremendous spring rains in some States, the U.S. Drought Monitor shows 
that severe drought still grips the American Southeast, California 
across the Rocky Mountains, and Oklahoma and the Texas Panhandle. In an 
effort to protect the country from an impending water scarcity crisis, 
the Committee has begun to search out ways for the Federal Government 
to spur new technological innovations in water research and 
development. Today the Committee will consider two bills aimed at 
preventing a future water supply catastrophe.
    First, we will take up H.R. 3957, the Water Use Efficiency and 
Conservation Research Act introduced by Representative Jim Matheson. 
H.R. 3957 establishes a research and development program within the 
Environmental Protection Agency's Office of Research and Development to 
promote water-use efficiency and conservation.
    Through this program, EPA will be able to develop and encourage the 
adoption of technologies and processes that will achieve greater water-
use efficiency, thus helping to address the water supply shortages. In 
addition, H.R. 3957 directs EPA to disseminate information on current 
water-use efficient and conservation technologies. This information 
will include incentives and impediments to development and 
commercialization.
    Next, we will consider H.R. 2339, the Produced Water Utilization 
Act introduced by my colleague from Texas and our Ranking Member, Mr. 
Hall. This bill creates a research, development, and demonstration 
program to promote the beneficial reuse of water produced in connection 
with oil and gas extraction. In the United States, up to 2.3 billion 
gallons per day of produced water is generated. Unfortunately, this 
water is not of sufficient quality to be used to meet our many needs 
for water. This legislation will provide innovative treatment 
technologies that will enable the reuse of this water in an 
environmentally responsible way.
    Finally, we will consider H.R. 6323, the Heavy Duty Hybrid 
Research, Development, and Demonstration Act, introduced by the Ranking 
Member of the Investigations and Oversight Subcommittee, Mr. 
Sensenbrenner. With skyrocketing fuel prices, energy concerns have been 
cemented at the forefront of public awareness.
    This committee responded by pursuing an aggressive energy agenda in 
110th Congress, and provided a substantial portfolio of bills to the 
comprehensive energy package which became law last December. Mr. 
Sensenbrenner's bill represents another common sense approach to 
chipping away at our energy challenge.
    The heavy truck sector accounts for a very large portion of the 
Nation's fuel use and transportation-based emissions, and even small 
improvements in their efficiency can have a substantial impact. Hybrid 
technologies hold the promise of greatly reducing the fuel consumed by 
the Nation's truck fleet. Mr. Sensenbrenner and his staff have worked 
closely with the Majority to ensure that grants under this program 
explore a wide range of hybrid technologies and applications, and he 
has made further improvements with the Amendment in the Nature of a 
Substitute.
    These three bills are important steps in ensuring that we have 
adequate water and power supplies across the country, and in pushing 
innovation in the heavy truck sector. I want to thank Representative 
Matheson, Representative Sensenbrenner, and Ranking Member Hall for 
their efforts in these two important areas. I ask that Members of the 
Committee support all three bills and move for their passage out of the 
Committee.
    I now recognize Mr. Hall to present his opening remarks.

    Mr. Hall. Mr. Chairman, I thank you for holding the markup 
today and for the three bills before us, and because you have 
so adequately explained these bills, I can make my remarks very 
brief.
    I simply would put my entire statement into the record with 
unanimous consent and I support the three bills we are marking 
up today and hope our colleagues will as well, and I yield back 
the balance of my time.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, thank you for holding this markup today to advance 
the three bills before us today. I will keep my opening remarks brief.
    H.R. 3957, the Water Use Efficiency and Conservation Research Act 
introduced by Mr. Matheson would create a water technology research 
program at the EPA. Research and development of technologies that 
promote greater efficiencies in water use is one of the several 
responses we can make to the water shortages many of our constituents 
are experiencing.
    The second bill, H.R. 2339, the Produced Water Utilization Act of 
2008 is one I introduced, and I feel strongly about its potential to 
benefit our dual needs of energy and water. This bill would provide 
important funding for research, development, demonstration, and 
commercial application of technologies to purify and use produced water 
from oil and natural gas extraction for human, agricultural, and 
industrial purposes.
    H.R. 6323, Mr. Sensenbrenner's heavy duty hybrid vehicle bill, 
would establish a program at DOE to provide grants to carry out 
projects to advance research and development and to demonstrate 
advanced technologies for heavy duty plug-in hybrid vehicles. While 
heavy duty trucks make up a small portion of the market, the potential 
for fuel savings through hybrid technology is substantial.
    Thank you, Mr. Chairman. I support the three bills we're marking up 
today and hope that our colleagues will as well. I yield back the 
balance of my time.

    Chairman Gordon. That was a wonderful statement, Mr. Hall.
    Without objection, Members may place statements in the 
record at this point.
    [The prepared statement of Ms. Richardson follows:]
         Prepared Statement of Representative Laura Richardson
    Chairman Gordon, Ranking Member Hall, and fellow Members of the 
Science and Technology Committee, I rise in strong support of each 
piece of legislation that is slated for today's Full Committee markup.

H.R. 3957, the Water Use Efficiency and Conservation Research Act

    First I would like to thank my colleague Rep. Matheson (D-UT) for 
introducing H.R. 3957, the Water Use Efficiency and Conservation 
Research Act, and for his leadership on this issue. My home State of 
California has dealt with its own series of water supply issues in the 
past. Likewise, State and local officials in California have pursued 
this issue in an aggressive manner. In my district we have a nationally 
recognized desalination project. The Long Beach City Council 
implemented strict water conservation regulations.
    Fact of the matter is Americans consume approximately 26 billion 
gallons of water per day, and similar to our consumption of oil, we are 
all going to have to learn to conserve.
    H.R. 3957 is a sound piece of legislation that designates the 
Environmental Protection Agency as the primary federal agency tasked 
with the responsibility of improving our nation's water use 
conservation technology. Given the EPA's track record on water quality 
issues, asking the agency to participate in this endeavor seems like a 
reasonable fit.
    Thirty years ago President Carter advised the Nation that 
conservation was necessary to our quality of life. This legislation 
takes a major step in progressing from statements to attainable goals. 
I encourage my colleagues to support this bill.

H.R. 2339, the Produced Water Utilization Act of 2007

    I want to commend the distinguished Ranking Member, Mr. Hall, for 
introducing H.R. 2339, the Produced Water Utilization Act of 2007.
    We all agree that we must increase our domestic supply of energy. 
However this process results in a product called produced water, which 
is water that is contaminated by dissolved solids.
    Consequently, this water supply is rendered useless for consumption 
or irrigation and must be pumped back into the ground to dispose of 
safely.
    The legislation that Mr. Hall introduced will allow us to safely 
utilize produced water thereby creating an additional source of water 
for human consumption and irrigation.
    This is a sound piece of legislation and I encourage my colleagues 
to support this bill.

H.R. 6323, Heavy Duty Plug-In Hybrid Vehicle R&D

    I want to acknowledge my colleague Rep. Sensenbrenner (R-WI) for 
introducing H.R. 6323, a bill to promote heavy duty plug-in hybrid R&D.
    While we have seen a concerted effort to bring this technology to 
passenger vehicles, commercial vehicles are far behind despite their 
heavy fuel consumption.
    Indeed we heard testimony during the hearing on Mr. Sensenbrenner's 
bill that this technology will save each heavy duty truck 1,000 gallons 
of fuel per year. With the rising cost of energy and many local and 
State governments facing budget constraints, this legislation could 
impact their respective departments and reduce the cost of business.
    In my home State of California, Pacific Gas & Electric, which 
serves northern and central California, has been a leader on this 
issue, utilizing this technology in their service trucks. We have to 
change the way we consume energy in this country, and the Federal 
Government has to take a leading role in this effort.
    H.R. 6323 will take us in the right direction, and I encourage my 
colleagues to support this bill.
    Mr. Chairman, I yield back my time.

    [The prepared statement of Mr. Mitchell follows:]
         Prepared Statement of Representative Harry E. Mitchell
    Thank you, Mr. Chairman.
    Today we will mark up H.R. 3957, the Water Use Efficiency and 
Conservation and Research Act, H.R. 2339, the Produced Water 
Utilization Act, and H.R. 6323, the Heavy Hybrid Truck Research, 
Development, and Demonstration Act.
    Arizona is no stranger to the pressures of rising population and 
prolonged drought.
    We are one of the fastest growing states, and despite some helpful 
precipitation this winter, many portions of our state are still well 
into a second decade of drought.
    I believe that it is absolutely critical that we address the 
growing shortage of our nation's water supply and work to establish 
progressive and cost-effective water resource management policies.
    H.R. 3957 would help us gain a better understanding of our water 
use and shortages by establishing a research and development program 
within EPA to promote water efficiency and conservation.
    I urge my colleagues to support this important legislation.
    I yield back.

    Chairman Gordon. We now proceed to H.R. 2339, the Produced 
Water Utilization Act of 2007.
    I now recognize Mr. Hall to present any remarks on his 
bill.
    Mr. Hall. Mr. Chairman, I thank you, and as stated during 
the Subcommittee markup, the United States still has an 
enormous reserve of energy from oil and natural gas within our 
borders, both on land and in our offshore development areas. 
However, for every barrel of oil produced, extraction of these 
vital domestic resources produces 10 barrels of saline, 
brackish and generally unusable water. In fact, today we 
generate over five billion gallons of produced water every day. 
This water is to a large extent currently unusable and 
environmentally hazardous. To dispose of such produced water in 
many circumstances, producers have to re-inject it into the 
geologic formation, which creates a great expense to the small 
producers throughout this country. At a time when usable water 
supplies are more vital than ever to support our growing 
economy, safe and sustainable uses of produced water need to be 
researched and pursued for human, agricultural and industrial 
uses.
    This legislation addresses environmental concerns, water 
use issues and energy production benefits. I urge my colleagues 
to vote for it and hope that Chairman Gordon and I can work 
together to see that it is expeditiously brought to the House 
Floor, and I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    As I stated during the Subcommittee markup, the United States still 
has an enormous reserve of energy from oil and natural gas within our 
borders--both on land and in our offshore development areas. However, 
for every barrel of oil produced, extraction of these vital domestic 
resources produces ten barrels of saline, brackish and generally 
unusable water. In fact, today we generate over five billion gallons of 
produced water every day. This water is, to a large extent, currently 
unusable and environmentally hazardous. To dispose of produced water in 
many circumstances, producers must re-inject it into geologic 
formations which creates a great expense to small producers throughout 
the country. At a time when usable water supplies are more vital than 
ever to support our growing economy, safe and sustainable uses of 
produced water need to be researched and pursued for human, 
agricultural and industrial uses. This legislation addresses 
environmental concerns, water use issues and energy production 
benefits. I urge my colleagues to vote for it and hope that Chairman 
Gordon and I can work together to see that it is expeditiously brought 
to the House Floor.

    Chairman Gordon. Thank you, Mr. Hall. You can be well 
assured that we will work to bring all these bills and 
particularly your bill--and I think your bill really represents 
the benefit of what you might say diversity on the Committee. 
You know, I had no earthy idea--I am not from Texas, I am not 
around oil wells--that that much water was produced when you do 
that, and other folks have their own backgrounds whether it is 
geographical, cultural or whatever that can bring their own 
interests to us and again, this is a good example and this is a 
very good bill and I thank you for bringing it to us.
    Does anyone else wish to be recognized? I ask unanimous 
consent that the bill is considered as read and open to 
amendment at any point and that the Members proceed with the 
amendments in order of the roster. Without objection, so 
ordered.
    Are there any amendments? If not, the vote is on the bill, 
H.R. 2339. All in favor, say aye. All opposed, no. In the 
opinion of the Chair, the ayes have it. I recognize Mr. Hall to 
offer a motion.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 2339 to the House with the recommendation that the 
bill do pass. Furthermore, I move that staff be instructed to 
make necessary technical and conforming changes and that the 
Chairman take all necessary steps to bring the bill before the 
House for consideration. I yield back.
    Chairman Gordon. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes have it. The bill is 
favorably reported. Without objection, the motion to reconsider 
is laid up on the table. Members will have two subsequent 
calendar days in which to submit supplemental Minority or 
additional views on the measure ending Monday, July 21 at 9 
a.m.
    I move pursuant to clause 1 of rule 22 of the Rules of the 
House of Representatives that the Committee authorize the 
Chairman to offer such motions as may be necessary in the House 
to adopt and pass H.R. 2339, the Produced Water Utilization Act 
of 2007. Without objection, so ordered.
    Before we adjourn, let me just say to everyone, this 
appears to be our last markup for this year and this session. 
Things, you know, went smoothly today, but the reason for that 
was that there was lots of collaboration. I thank all of you 
for your presence. It is important for you to be here. I hope 
that one thing that we can do as we go into maybe September 
when we are not going to be having any markups is have the 
opportunity for us to sit down as a committee informally and 
talk about what we want to do next year, and I think we had a 
good discussion today. We want to find out what is important to 
your districts, what is important to the country, and we will 
try to get an agenda that either we will pass off to Mr. Hall 
or we will keep it here, whichever way it might be, but one way 
or the other, we want to work together, and I very, very 
sincerely thank everyone for a very productive year. I hope 
that you will all go back to your press secretaries and talk at 
home about these three bills that you got out today. There are 
more good ones.
    Thank you very much, and we are adjourned.
    [Whereupon, at 10:59 a.m., the Committee was adjourned.]

                               Appendix:

                              ----------                              


  H.R. 2339 as Reported From Subcommittee, Section-by-Section Analysis





               Section-by-Section Analysis of H.R. 2339,
                 Produced Water Utilization Act of 2007

Sec. 1. Short Title

    ``Produced Water Utilization Act of 2007''

Sec. 2. Findings

    Describes the need for the legislation.

Sec. 3. Definitions

    Defines terms used in the text of the bill.

Sec. 4. Purposes

    The bill requires the Secretary to carry out a program, in 
conjunction with an existing program, of research, development, and 
demonstration of technologies for environmentally sustainable 
utilization of produced water for agricultural, irrigational, 
municipal, and industrial uses, or other environmentally sustainable 
purposes. The program will focus on three areas as well as improving 
safety and minimizing environmental impacts in areas that deal with 
produced water recovery. The three areas are (1) Produced water 
recovery, including research for desalination and demineralization to 
reduce total dissolved solids in the produced water; (2) Produced water 
utilization for agricultural, irrigation, municipal, or industrial 
uses, or other environmentally sustainable purposes; and (3) Re-
injection of produced water into subsurface geological formations to 
increase energy production.
    The bill requires that the program be administered by a consortium 
with relevant experience, and sets up a complementary program at the 
National Energy Technology Laboratory.
    The bill also requires consultation with the Secretary of the 
Interior and the Administrator of the Environmental Protection Agency.

Sec. 5. Sunset

    The authority provided by the Act terminates on September 30, 2016

Sec. 6. Funding

    The bill specifies that 25 percent of the allocated funds shall be 
for activities at the National Lab and 75 percent shall be allocated 
for the other program purposes. There are authorized to be appropriated 
to carry out this Act $20,000,000 for each of fiscal years 2008 through 
2016.

                                  
