[House Report 110-802]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-802

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



 
           WATER USE EFFICIENCY AND CONSERVATION RESEARCH ACT

                                _______
                                

 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. 3957]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 3957) to increase research, development, 
education, and technology transfer activities related to water 
use efficiency and conservation technologies and practices at 
the Environmental Protection Agency, 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 of the Bill.............................................4
 III. Background and Need for the Legislation.........................4
  IV. Hearing Summary.................................................5
   V. Committee Actions...............................................6
  VI. Summary of Major Provisions of the Bill, as Reported............7
 VII. Section-by-Section Analysis (by Title and Section), as Reported.8
VIII. Committee Views.................................................9
  IX. Cost Estimate..................................................10
   X. Congressional Budget Office Cost Estimate......................10
  XI. Compliance with Public Law 104-4...............................11
 XII. Committee Oversight Findings and Recommendations...............11
XIII. Statement on General Performance Goals and Objectives..........12
 XIV. Constitutional Authority Statement.............................12
  XV. Federal Advisory Committee Statement...........................12
 XVI. Congressional Accountability Act...............................12
XVII. Earmark Identification.........................................12
XVIII.Statement on Preemption of State, Local, or Tribal Law.........12

 XIX. Changes in Existing Law Made by the Bill, as Reported..........12
  XX. Committee Recommendations......................................12
 XXI. Proceedings of the Subcommittee Markup.........................13
XXII. Proceedings of the Full Committee Markup.......................24
XXIII.Exchange of Letters............................................59


                              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 ``Water Use Efficiency and Conservation 
Research Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Between 1950 and 2000, the United States population 
        increased nearly 90 percent. In that same period, public demand 
        for water increased 209 percent. Americans now use an average 
        of 100 gallons of water per person each day. This increased 
        demand has put additional stress on water supplies and 
        distribution systems, threatening both human health and the 
        environment.
          (2) Thirty-six States are anticipating local, regional, or 
        statewide water shortages by 2013. In addition, climate change 
        related effects are expected to exacerbate already scarce water 
        resources in many areas of the country.
          (3) The Intergovernmental Panel on Climate Change's 2007 
        assessment states that water stored in glaciers and snow cover 
        is projected to decline, reducing water availability to one-
        sixth of the world's population that relies upon meltwater from 
        major mountain ranges. The Intergovernmental Panel on Climate 
        Change also predicts droughts will become more severe and 
        longer lasting in a number of regions.
          (4) Water conservation should be a national goal and the 
        Environmental Protection Agency should work with 
        nongovernmental partners to achieve that goal. The 
        Environmental Protection Agency should support the research, 
        development, and dissemination of technologies and processes 
        that will achieve greater water use efficiency.
          (5) WaterSense is a voluntary public-private partnership 
        program established by the Environmental Protection Agency to 
        promote water efficiency by helping consumers identify water-
        efficient products and practices. The Environmental Protection 
        Agency estimates that if all United States households installed 
        water-efficient appliances, the country would save more than 
        3,000,000,000,000 gallons of water and more than 
        $17,000,000,000 per year.
          (6) The WaterSense program has developed a network of 
        partners, and therefore can disseminate the results of research 
        on technologies and processes that achieve greater water use 
        efficiency.

SEC. 3. RESEARCH PROGRAM.

  (a) In General.--The Assistant Administrator for Research and 
Development of the Environmental Protection Agency (in this Act 
referred to as the ``Assistant Administrator'') shall establish a 
research and development program consistent with the plan developed 
under section 4 that promotes water use efficiency and conservation, 
including--
          (1) technologies and processes that enable the collection, 
        storage, treatment, and reuse of rainwater, stormwater, and 
        greywater;
          (2) water storage and distribution systems;
          (3) behavioral, social, and economic barriers to achieving 
        greater water use efficiency; and
          (4) use of watershed planning directed toward water quality, 
        conservation, and supply.
  (b) Considerations.--In planning and implementing the program, the 
Assistant Administrator shall consider--
          (1) research needs identified by water resource managers, 
        State and local governments, and other interested parties; and
          (2) technologies and processes likely to achieve the greatest 
        increases in water use efficiency and conservation.
  (c) Minority Serving Institutions.--In the execution of this program, 
the Assistant Administrator may award extramural grants to institutions 
of higher education and shall encourage participation by Minority 
Serving Institutions.

SEC. 4. STRATEGIC RESEARCH PLAN.

  (a) In General.--The Assistant Administrator shall coordinate the 
development of a strategic research plan (in this Act referred to as 
the ``plan'') for the water use efficiency and conservation research 
and development program established in section 3 with all other 
Environmental Protection Agency research and development strategic 
plans.
  (b) Plan Contents.--The plan shall--
          (1) outline research goals and priorities for a water use 
        efficiency and conservation research agenda, including--
                  (A) developing innovative water supply-enhancing 
                processes and technologies; and
                  (B) improving existing processes and technologies, 
                including wastewater treatment, desalinization, and 
                groundwater recharge and recovery schemes;
          (2) identify current Federal research efforts on water that 
        are directed toward meeting the goals of improving water use 
        efficiency, water conservation, or expanding water supply and 
        describe how such efforts are coordinated with the program 
        established in section 3 in order to leverage resources and 
        avoid duplication; and
          (3) consider and utilize, as appropriate, recommendations in 
        reports and studies conducted by Federal agencies, the National 
        Research Council, the National Science and Technology Council, 
        or other entities in the development of the plan.
  (c) Science Advisory Board Review.--The Assistant Administrator shall 
submit the plan to the Science Advisory Board of the Environmental 
Protection Agency for review.
  (d) Revision.--The plan shall be revised and amended as needed to 
reflect current scientific findings and national research priorities.

SEC. 5. TECHNOLOGY TRANSFER.

  The Assistant Administrator, building on the results of the 
activities of the program established under section 3, shall--
          (1) facilitate the adoption of technology and processes to 
        promote water use efficiency and conservation; and
          (2) collect and disseminate information, including the 
        establishment of a publicly-accessible clearinghouse, on 
        technologies and processes to promote water use efficiency and 
        conservation, including information on--
                  (A) incentives and impediments to development and 
                commercialization;
                  (B) best practices; and
                  (C) anticipated increases in water use efficiency and 
                conservation resulting from the implementation of 
                specific technologies and processes.

SEC. 6. ADVANCED WATER EFFICIENCY DEVELOPMENT PROJECTS.

  (a) In General.--As part of the program under section 3, the 
Assistant Administrator shall carry out at least 4 projects under which 
the funding is provided for the incorporation into a building of the 
latest water use efficiency and conservation technologies and designs. 
Funding for each project shall be provided only to cover incremental 
costs of water-use efficiency and conservation technologies.
  (b) Criteria.--Of the 4 projects described in subsection (a), at 
least 1 shall be for a residential building and at least 1 shall be for 
a commercial building.
  (c) Public Availability.--The designs of buildings with respect to 
which funding is provided under subsection (a) shall be made available 
to the public, and such buildings shall be accessible to the public for 
tours and educational purposes.

SEC. 7. REPORT.

  Not later than 18 months after the date of enactment of this Act, and 
once every 2 years thereafter, the Assistant Administrator shall 
transmit to Congress a report which details the progress being made by 
the Environmental Protection Agency with regard to--
          (1) water use efficiency and conservation research projects 
        initiated by the Agency;
          (2) development projects initiated by the Agency;
          (3) outreach and communication activities conducted by the 
        Agency concerning water use efficiency and conservation; and
          (4) development and implementation of the plan.

SEC. 8. WATER MANAGEMENT STUDY AND REPORT.

  (a) Study.--
          (1) Requirement.--The Administrator of the Environmental 
        Protection Agency shall enter into an arrangement with the 
        National Academy of Sciences to complete a study of low impact 
        and soft path strategies for management of water supply, 
        wastewater, and stormwater.
          (2) Contents.--The study shall--
                  (A) examine and compare the state of research, 
                technology development, and emerging practices in other 
                developed and developing countries with those in the 
                United States;
                  (B) identify and evaluate relevant system approaches 
                for comprehensive water management, including the 
                interrelationship of water systems with other major 
                systems such as energy and transportation;
                  (C) identify priority research and development needs; 
                and
                  (D) assess implementation needs and barriers.
  (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall transmit to the Committee on Science and Technology of the House 
of Representatives and the Committee on Environment and Public Works of 
the Senate a report on the key findings of the study conducted under 
subsection (a). The report shall evaluate challenges and opportunities 
and serve as a practical reference for water managers, planners, 
developers, scientists, engineers, non-governmental organizations, 
federal agencies, and regulators by recommending innovative and 
integrated solutions.
  (c) Definitions.--For purposes of this section--
          (1) the term ``low impact'' means a strategy that manages 
        rainfall at the source using uniformly distributed 
        decentralized micro-scale controls to mimic a site's 
        predevelopment hydrology by using design techniques that 
        infiltrate, filter, store, evaporate, and detain runoff close 
        to its source; and
          (2) the term ``soft path'' means a general framework that 
        encompasses--
                  (A) increased efficiency of water use;
                  (B) integration of water supply, wastewater 
                treatment, and stormwater management systems; and
                  (C) protection, restoration, and effective use of the 
                natural capacities of ecosystems to provide clean 
                water.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Environmental Protection 
Agency for carrying out this section $1,000,000 for fiscal year 2009.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Assistant 
Administrator for carrying out this Act $20,000,000 for each of the 
fiscal years 2009 through 2013.

                        II. PURPOSE OF THE BILL

    The purpose of the H.R. 3957 is to increase research, 
development, education, and technology transfer activities at 
the Environmental Protection Agency (EPA) related to water use 
efficiency and conservation technologies and practices.

                III. BACKGROUND AND NEED FOR LEGISLATION

    Drought and recent water shortages in several regions of 
the United States have increased concern about water supply at 
all levels of government. Since 1950, the United States 
population has increased nearly 90 percent. In that same 
period, public demand for water has increased 209 percent. 
Americans now use an average of 100 gallons of water per person 
each day, which results in a daily water use of approximately 
26 billion gallons of water. This increased demand has put 
additional stress on water supplies and distribution systems, 
threatening the environment and constraining economic activity. 
Thirty six states are anticipating local, regional, or 
statewide water shortages by 2013. Some states are already in 
the middle of a severe drought.\1\
---------------------------------------------------------------------------
    \1\Governmental Accountability Office. Fresh Water Supply: States' 
Views of How Federal Agencies Could Help Them Meet the Challenges of 
Expected Shortages. GAO. July 2003. GAO-03-514.
---------------------------------------------------------------------------
    Although some water efficiency strategies require an 
initial capital investment, in the long run, conserving water 
provides significant cost savings for water and wastewater 
systems. Water efficiency and re-use programs help systems 
avoid, downsize, and postpone expensive infrastructure 
projects, by developing new water supplies.
    In conjunction with its statutory responsibilities to 
ensure water quality under the Clean Water Act and the Safe 
Drinking Water Act, EPA has a program of research and 
development on water treatment technologies, health effects of 
water pollutants, security from deliberate contamination, and 
watershed protection. Current annual funding for these 
activities is approximately $50 million. EPA currently has no 
research and development effort that addresses water supply, 
water-use efficiency or conservation.
    There is also a lack of focused research and development 
efforts aimed at addressing water-use efficiency and 
conservation in other agencies of the federal government, 
especially focused on residential and commercial uses. Because 
of the Agency's complementary work on water quality, EPA is the 
logical federal entity to complete this research due to the 
important relationship between water supply and water quality.
    In May, EPA's Science Advisory Board (SAB) released their 
annual report on the Agency's budget proposal for Research and 
Development for FY 2009.\2\ In the SAB's Report, the SAB 
recommended that, ``in light of changing socio-economic 
pressures and the growing stresses that will result from 
climate change (reduced snow pack, more intermittent 
precipitation and stream flows, more frequent drought, etc.), 
expand the analysis of water infrastructures, supply, demand 
and quality''.\3\
---------------------------------------------------------------------------
    \2\U.S. Environmental Protection Agency, Science Advisory Board. 
2008. Comments on EPA's Research Budget for Fiscal Year 2009: A Report 
of the Environmental Protection Agency (EPA) Science Advisory Board 
(SAB). EPA-SAB-08-008. May 12, 2008. 35 pp.
    \3\Ibid. p. 4 and 5.
---------------------------------------------------------------------------

                          IV. HEARING SUMMARY

    The Subcommittee on Energy and Environment held a hearing 
on Tuesday, October 30, 2007 to receive testimony on H.R. 3957, 
The Water Use Efficiency and Conservation Research Act (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 New York City.
     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.
    Chairman Nick Lampson (D-TX) opened the hearing by 
discussing the need for water conservation and efficiency, 
particularly in drought ridden areas. Ranking Member Bob Inglis 
(R-SC) agreed and indicated his intention to ask the 
Environmental Protection Agency to comment on H.R. 3957.
    Mr. Daigger stated that with increased population growth 
and urbanization, transporting clean, safe water is no longer 
effective or even necessary. Instead, municipalities can treat 
reclaimed water at site with membranes, advanced oxidation and 
ultra-violet light. While these technologies are available now, 
Mr. Daigger urged Congress to support efforts to deliver these 
technologies more quickly and to authorize demonstration 
programs.
    Mr. Thompson discussed the importance of water conservation 
in the desert in Utah and felt that this was accomplished 
through adoption of technologies, such as low-flow appliances 
and fixtures and by educating the public.
    Mr. Clerico testified on the importance of innovative 
technology for water conservation. He cited several large scale 
facilities, like the New England Patriots football stadium, 
where innovative design and equipment reduced water usage, and 
he emphasized the importance of research to accomplish these 
goals.
    Ms. Little emphasized the importance of including the views 
of the over 200 partners of the WaterSense Program in the 
effort to prioritize the areas of applied research in water 
conservation. She believes that sound decision making requires 
policy makers to know which demographics have the highest 
potential for increased water use efficiency. She also felt 
grey water offered a great deal of potential savings in water 
supplies and that all water use should be metered in the 
nation. Ms. Little also stressed there were limits to what 
could be achieved in water conservation through adoption of 
technology alone. She indicated that human behavior is also an 
important factor that must be considered if we are to achieve 
water conservation goals.
    Dr. Daigger testified to the importance of demonstrations 
as a part of this program stating, ``demonstrations can pull 
several elements together to see how an integrated system can 
function at a much higher level.'' Several other witnesses 
echoed his comments on the need for such projects in the bill. 
Mr. Clerico, the designer of the Solaire Project in NYC, 
responded to a question raised about the need for a federal 
role in this area. He argued that many water technologies face 
a ``confidence barrier'' which would be crucial in speeding up 
public acceptance of certain water efficiency technologies
    On the subject of funding, witnesses gave a range for what 
would be appropriate. They discussed the fact that Singapore is 
investing $330 million in new research on water technologies 
for only 4.5 million people. Dr. Daigger recommended a budget 
of $100 million a year as an optimal level for the program.

                          V. COMMITTEE ACTIONS

    On October 24, 2007, Rep. Jim Matheson introduced H.R. 
3957, The Water Use Efficiency and Conservation Research Act 
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. 3957 on May 6, 2008.
    Mr. Baird moved that the Subcommittee favorably report the 
bill, H.R. 3957, 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. 3957 on July 16, 2008. The Committee considered the 
following amendments:
    Mr. Matheson offered a manager's amendment to make 
technical corrections to the bill, to add a new Section to the 
bill to require the Administrator to carry out projects to 
incorporate water use efficiency and conservation technologies 
and designs into buildings to demonstrate their feasibility, 
and to authorize $20 million per year for the programs required 
under the Act for the five-year period beginning in fiscal year 
2009.
    The amendment was adopted by voice vote.
    Ms. Johnson offered an amendment to establish a publicly-
accessible clearinghouse of information on technologies and 
processes to promote water use efficiency and conservation; to 
include watershed water efficiency planning as a component of 
the research program; and to allow the Assistant Administrator 
to allocate extramural grants to institutions of higher 
education, including Minority Serving Institutions.
    The amendment was adopted by voice vote.
    Mr. Gingrey offered an amendment to require EPA to create a 
strategic plan for the water use efficiency and conservation 
research program. 
    The amendment was adopted by voice vote.
    Ms. Giffords offered an amendment to direct EPA to enter 
into an agreement with the National Academy of Science to 
produce a report on water strategies for the management of 
water supply, wastewater, and stormwater.
    The amendment was adopted by voice vote.
    H.R. 3957, as amended, was agreed to by a voice vote.
    Mr. Matheson moved that the Committee favorably report the 
bill, H.R. 3957 to the House, as amended. The motion was agreed 
to by a voice vote.

        VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL, AS REPORTED

    H.R. 3957 establishes a research and development program 
within the Environmental Protection Agency's Office of Research 
and Development (ORD) to promote water use efficiency and 
conservation. The research program includes the development of 
technologies and processes to expand water supplies through 
storage, treatment, and reuse of rainwater, stormwater, and 
greywater; research on water storage and distribution systems; 
research on behavioral, social, and economic barriers to 
achieving greater water efficiency; and research on the use of 
watershed planning.
    The Administrator is directed to consult with stakeholders 
in developing the research agenda and to give priority to 
research and development projects that are likely to achieve 
the greatest water conservation benefits. The Assistant 
Administrator may award extramural grants in order to meet the 
goals of the program and is directed to encourage participation 
by Minority Serving Institutions.
    The act requires EPA to develop a strategic research plan 
to guide the program established in the bill. EPA's Science 
Advisory Board is required to review the plan and the program 
is required to be consistent with the plan.
    H.R. 3957 requires the Assistant Administrator of the 
Office of Research and Development to facilitate the adoption 
of technology and processes to increase water efficiency and 
conservation and to provide information on technologies and 
processes that achieve these goals. In addition, the bill will 
collect information on technologies and processes that achieve 
greater water use efficiency and conservation and disseminate 
this information through a public clearinghouse.
    The legislation directs the Administrator to conduct 
advanced water efficiency development projects to demonstrate 
the application of advanced water efficiency designs and 
technologies in buildings. The Administrator is directed to 
conduct at least four projects. EPA will provide funding only 
to cover the incremental costs of adding water-use efficiency 
and conservation technologies to the buildings.
    H.R. 3957 requires EPA to enter into an arrangement with 
the National Academy of Sciences to complete a study of low 
impact and soft path strategies for management of water supply, 
waste water, and stormwater. The report will be delivered to 
Congress within 2 years of enactment.
    The bill requires a report within 18 months of enactment 
and every two years thereafter on research and development 
projects and on the outreach and communication activities 
conducted by the Agency. The bill authorizes $20 million per 
year for fiscal years 2009 through 2013.

       VII. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1: Short title

    The Water-Use Efficiency and Conservation Research Act.

Section 2: Findings

    Section 2 includes the Congressional findings and defines 
the need for expanding the scope of research and development 
conducted by the Environmental Protection Agency to include 
water-use efficiency and conservation to address the problems 
of increasing water shortages across the country.

Section 3: Research program

    Section 3 directs the Assistant Administrator to establish 
a research and development program within the Environmental 
Protection Agency's Office of Research and Development to 
promote water-use efficiency and conservation. The bill 
provides examples of several areas the program should address 
including water storage and distribution systems; and 
behavioral, social, and economic barriers to achieving greater 
water-use efficiency. In addition, the bill states the program 
should research technologies and processes that enable the 
collection, storage, treatment, and reuse of rainwater, 
stormwater, and greywater. The specific projects selected for 
funding through the program should reflect the needs identified 
by a variety of stakeholders including water managers, state 
and local governments, and other interested parties. In 
execution of the program, the Assistant Administrator may 
provide extramural grants to colleges and universities and 
encourage participation by Minority Serving Institutions.

Section 4: Strategic plan

    Section 4 directs the Assistant Administrator to coordinate 
the development of a strategic plan for the program. The Plan's 
contents shall outline the research goals and priorities of the 
program, identify other current federal research efforts on 
water that are directed toward conservation, and consider 
reports and studies on water-use efficiency and conservation. 
EPA's Science Advisory Board is directed to review the Plan.

Section 5: Technology transfer

    Section 5 directs the Assistant Administrator to collect 
and disseminate information on current water-use efficient and 
conservation technologies and practices to facilitate their 
adoption. This information should include incentives and 
impediments to development and commercialization, best 
practices, and anticipated increases in water-use efficiency 
resulting from the implementation of these processes. In 
addition, Section 5 establishes a publicly-accessible 
clearinghouse on technologies and processes to promote water 
use efficiency and conservation.

Section 6: Advanced water efficiency and development projects

    Section 6 directs the Assistant Administrator to carry out 
at least four projects to demonstrate cutting edge water-use 
efficiency and conservation technologies. Of the four projects, 
at least one shall be for a residential building and one for a 
commercial building. The buildings are required to be publicly 
accessible.

Section 7: Report

    Section 7 directs the Assistant Administrator to report to 
Congress within 18 months of enactment and then on a biannual 
basis on the progress being made by the Environmental 
Protection Agency with regard to the research and development 
projects initiated and the outreach and communication 
activities conducted through the program.

Section 8: Water management study and report

    Section 8 directs EPA to enter into an agreement with the 
National Academy of Sciences to produce a report on strategies 
for the management of water supply, wastewater, and stormwater 
within 2 years of enactment. The section includes an 
authorization of $1 million for the study.

Section 9: Authorization of appropriations

    Section 9 provides an authorization of $20 million per year 
over a five year period from fiscal years 2009 through 2013.

                         VIII. COMMITTEE VIEWS

    The Committee believes EPA should give more focused 
attention to the goal of ensuring a sustainable water supply by 
increasing water-use efficiency and conservation.
    The Committee expects the Office of Research and 
Development to work with the Office of Water to integrate the 
goals of water-use efficiency and conservation into the water 
quality and treatment programs conducted by the Agency. The 
Committee recognizes water quality and water supply are closely 
linked and believes the Agency should pursue and encourage 
implementation of options that will accomplish both water 
quality and water conservation goals.
    H.R. 3957 explicitly lists a number of areas that the 
program should address including technologies and processes 
that enable the collection, storage, treatment, and reuse of 
rainwater, stormwater, and greywater. The Committee does not 
consider this list to be exclusive. Innovative wastewater 
treatment options should also be pursued through this program 
if the Agency determines the research would meet the overall 
goals of increasing water-use efficiency and conservation.
    The Committee expects the Assistant Administrator to 
consult with a variety of stakeholder groups to determine 
research needs and develop the strategic plan for research 
conducted under this program. Tribal and territorial 
governments should also be included in these consultations.
    The Committee expects the strategic plan for this program 
to be developed in accordance with the Agency's strategic 
planning process for other research programs. The plan for the 
research program on water use efficiency and conservation 
should consider and be integrated, as appropriate into other 
Agency research plans on water resources including the 
strategic plans for drinking water, water quality, and 
ecological research.
    The Committee recognizes the goals of increased water-use 
efficiency and conservation will not be achieved if the results 
of the research and technology development of this program are 
not implemented by the public and private sectors with 
responsibilities of water management and by individual 
citizens. The Committee believes a strong technology transfer 
program is necessary to ensure wide dissemination of the 
results of this research conducted under this program.
    The Committee expects the development projects required 
under Section 6 to serve as educational tools for local 
communities through tours and local outreach programs. The 
Committee believes providing access to the system designs and 
specific information about the technologies incorporated into 
the buildings that participate in these projects via the 
program's website will encourage others to adopt water 
conserving designs and technologies.

                           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. 3957 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
3957 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section XI of this report.

              X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 3957--Water Use Efficiency and Conservation Research Act

    Summary: H.R. 3957 would authorize appropriations totaling 
$101 million over the 2009-2013 period for the Environmental 
Protection Agency (EPA) to support activities to promote 
conservation and the efficient use of water. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 3957 would cost $86 million over the 2009-
2013 period and $15 million after 2013. Enacting the 
legislation would not affect direct spending or revenues.
    H.R. 3957 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3957 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

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

Authorization Level.....................................       21       20       20       20       20       101
Estimated Outlays.......................................        9       17       20       20       20        86
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 3957 would authorize EPA to 
establish a research and development program to improve the 
storage, treatment, and distribution of water in the United 
States. The bill directs EPA to conduct a study in cooperation 
with the National Academy of Sciences that would examine 
strategies to enhance water supply management. It also would 
require EPA to establish a publicly accessible clearinghouse to 
disseminate information regarding new technologies and 
processes that improve water-use efficiency. Finally, the bill 
would allow EPA to award grants to universities for research 
related to the conservation and efficient use of water.
    H.R. 3957 would authorize the appropriation of $21 million 
in 2009 and $20 million in each of fiscal years 2010 through 
2013. Assuming the appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 3957 would cost $86 million 
over the 2009-2013 period and $15 million after 2013. That 
estimate is based on historical spending patterns for similar 
programs.
    Intergovernmental and private-sector impact: H.R. 3957 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would create a grant program for research 
on water-use efficiency benefitting institutions of higher 
education. Any costs state, local, or tribal governments might 
incur, including matching funds, would result from complying 
with conditions of aid.
    Estimate prepared by: Federal Costs: Susanne Mehlman and 
Jeffrey LaFave; 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. 3957 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 goal of 
H.R. 3957 is to increase research, development, education, and 
technology transfer activities at the Environmental Protection 
Agency (EPA) related to water use efficiency and conservation 
technologies and practices. These activities should improve 
technologies and processes to increase water availability and 
supply in the United States.

                XIV. CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 3957.

                XV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 3957 does not establish nor authorize the 
establishment of any advisory committee.

                 XVI. CONGRESSIONAL ACCOUNTABILITY ACT

    The Committee finds that H.R. 3957 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. 3957 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. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3957, as reported, makes no changes in existing law.

                     XX. COMMITTEE RECOMMENDATIONS

    On July 16, 2008, the Committee on Science and Technology 
favorably reported H.R. 3957, as amended, by a voice vote and 
recommended its enactment.


   XXI. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENERGY AND 
  ENVIRONMENT ON H.R. 3957, THE WATER USE EFFICIENCY AND CONSERVATION 
                              RESEARCH ACT

                              ----------                              


                          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 threatening and destroying 
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. 3957, the Water Use Efficiency 
and Conservation Research Act. I mentioned the goals of the 
legislation in my opening, and I will just again express my 
support for the gentleman from Utah's bill and I now recognize 
Mr. Inglis to present any remarks on the bill.
    Mr. Inglis. Mr. Chairman, I have no further remarks.
    Chairman Lampson. Does anyone wish to be recognized on this 
bill? Mr. Baird.
    Mr. Baird. I would just commend the authors. You know, as 
we look at the situation in the world today, water is 
increasingly scarce, as was noted, and I commend the authors of 
both pieces of legislation today for recognizing that. I also 
particularly appreciate Mr. Matheson's bill language dealing 
with the social and behavioral aspects of water conservation 
and reuse.
    Chairman Lampson. Thank you very much.
    Anyone else wish to be recognized? I ask unanimous consent 
then that the bill is considered as read and open to amendment 
at any point and that Members proceed with the amendments in 
order of the roster. Without objection, so ordered.
    Are there any amendments? Hearing none, the vote is on the 
bill, H.R. 3957, the Water Use Efficiency and Conservation 
Research Act. All those in favor will say aye. Those opposed, 
say no. In the opinion of the Chair, the ayes have it.
    I recognize Mr. Baird to offer a motion.
    Mr. Baird. Mr. Chairman, I move that the Subcommittee 
favorably report H.R. 3957 to the Full Committee. Furthermore, 
I move that staff be instructed to prepare the Subcommittee 
legislative report and make necessary technical and conforming 
changes to the bill in accordance with the recommendation 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 oppose, 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. 3957, Section-by-Section Analysis






               Section-by-Section Analysis of H.R. 3957,
           Water Use Efficiency and Conservation Research Act
    Purpose: To increase research, development, education, and 
technology transfer activities related to water use efficiency and 
conservation technologies and practices at the Environmental Protection 
Agency (EPA).

Section 1: Short Title

    The ``Water Use Efficiency and Conservation Research Act''.

Section 2: Findings

    Section 2 includes the Congressional findings and defines the need 
for expanding the scope of research and development conducted by the 
Environmental Protection agency to include water use efficiency and 
conservation to address the problems of increasing water shortages 
across the country.

Section 3: Research Program

    Section 3 directs the Assistant Administrator to establish a 
research, development, and demonstration program within the 
Environmental Protection Agency's Office of Research and Development to 
promote water use efficiency and conservation. The bill provides 
examples of several areas the program should address including water 
storage and distribution systems; and behavioral, social, and economic 
barriers to achieving greater water use efficiency. In addition, the 
bill states the program should research technologies and processes that 
enable the collection, treatment, and reuse of rainwater and greywater. 
The specific projects selected for funding through the program should 
reflect the needs identified by local and State water managers.

Section 4: Technology Transfer

    Section 4 directs the Assistant Administrator to collect and 
disseminate information on current water use efficient and conservation 
technologies and practices to facilitate their adoption. This 
information should include incentives and impediments to development 
and commercialization, best practices, and anticipated increases in 
water use efficiency resulting from the implementation of these 
processes.

Section 5: Report

    Section 5 directs the Assistant Administrator to report to Congress 
on the progress being made by the Environmental Protection Agency with 
regard to the research projects initiated, and the outreach and 
communication activities conducted through the program.

Section 6: Authorization of Appropriations

    Section 6 provides a five-year authorization of the program with 
such sums as necessary to carry out the program.


XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3957, THE WATER 
              USE EFFICIENCY AND CONSERVATION RESEARCH ACT

                              ----------                              


                        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 our 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 will now consider H.R. 3957, the Water 
Use Efficiency and Conservation Research Act. I recognize the 
gentleman from Utah for five minutes to discuss his bill.
    Mr. Matheson. Well, thank you, Mr. Chairman.
    Dwindling water supplies are an issue across the country. 
Thirty-six states are currently or expect to experience 
significant water shortages by just 2013. That is why I 
introduced H.R. 3957, the Water Use Efficiency and Conservation 
Act. This bill would establish a research and development 
program within the Environmental Protection Agency's Office of 
Research and Development to promote water efficiency and 
conservation.
    Mr. Chairman, tough decisions lie ahead for water managers 
who need to balance the needs of agriculture, consumption by 
cities, industrial and energy production, transportation, 
tourism, wastewater treatment, emergency response and 
ecosystems. We are not going to solve this problem overnight, 
but H.R. 3957 will provide us with several important tools to 
address these issues with technology and innovative thinking. 
By encouraging research and development into water-use 
efficiency, we can create a path to increase the efficiency of 
our nation's water supplies.
    H.R. 3957 would expand EPA's scope and involvement in 
solving the Nation's water crisis by researching innovations in 
water storage and distribution systems as well as behavioral, 
social and economic barriers to achieving greater water 
efficiency. In addition, the program will research technologies 
and processes that enable the collection, treatment and reuse 
of rainwater and greywater, wastewater from sinks, baths and 
kitchen appliances. I cannot repeat enough how important 
federal action on water is to my constituents and to all 
Americans in drought-affected areas.
    Mr. Chairman, I appreciate your work on this and the work 
of the Minority staff as well, and I yield back the balance of 
my time.
    [The prepared statement of Mr. Matheson follows:]
           Prepared Statement of Representative Jim Matheson
    Thank you Mr. Chairman.
    Dwindling water supplies are creating concern across the country. 
Thirty-six states are currently or expect to experience significant 
water shortages by 2013.
    That is why I introduced H.R. 3957, the Water Use Efficiency and 
Conservation Act. This bill would establish a research and development 
program within the Environmental Protection Agency's Office of Research 
and Development (ORD) to promote water efficiency and conservation.
    Tough decisions lie ahead for water managers who must balance the 
needs of agriculture, consumption by cities, industrial and energy 
production, transportation, tourism, wastewater treatment, emergency 
response, and ecosystems. We cannot solve this problem overnight. But 
H.R. 3957 will provide us with several important tools to address the 
coming crisis with technology and innovative thinking. By encouraging 
research and development into water-use efficiency, we can create a 
path to increase our nation's water supplies.
    H.R. 3957 would expand EPA's scope and involvement solving the 
Nation's water crisis by researching innovations in water storage and 
distribution systems, as well as, behavioral, social, and economic 
barriers to achieving greater water efficiency. In addition, the 
program will research technologies and processes that enable the 
collection, treatment, and reuse of rainwater and greywater, wastewater 
from sinks, baths and kitchen appliances. I cannot repeat how important 
federal action on water is to my constituents and to all Americans in 
drought affected areas. I yield back the balance of my time.

    Chairman Gordon. Mr. Hall, do you have some remarks?
    Mr. Hall. I do, thank you Mr. Chairman.
    In the last few years, the National Academies of Science, 
the National Science and Technology Council, and several 
agencies in the executive branch have all issued reports 
regarding concern about the state of America's water supply, 
quality and its use. These many reports have offered hundreds 
of recommendations on what Congress can do to alleviate this 
growing problem. Although we have acted on a couple of these 
recommendations, there is still much to be done to safeguard 
our future water supplies.
    Research and development of technologies that increase the 
efficiency of our daily water use in our homes, our schools, 
and our businesses can help minimize waste and conserve this 
valuable resource. This legislation establishes a research 
program at EPA, focusing their attention on such things as 
efficient water-use technologies and water distribution and 
storage systems. These are all areas that will be critical to 
effectively respond to national water shortages in the decades 
to come, and I thank you, Mr. Chairman. I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Mr. Chairman. In the last few years, the National 
Academies of Science, the National Science and Technology Council and 
several agencies in the Executive branch have all issued reports 
regarding concern about the state of America's water supply, quality 
and use. These many reports have offered hundreds of recommendations on 
what Congress can do to alleviate this growing problem. Although we 
have acted on a couple of these recommendations, there is still much to 
be done to safeguard our future water supplies.
    Research and development of technologies that increase the 
efficiency of our daily water use in our homes, schools, or businesses 
can help minimize waste and conserve this valuable resource. This 
legislation establishes a research program at EPA, focusing their 
attention on such things as efficient water-use technologies and water 
distribution and storage systems. These are all areas that will be 
critical to effectively respond to national water shortages in the 
decades to come. Thank you, Mr. Chairman, and I yield back.

    Chairman Gordon. Thank you, Mr. Hall.
    Does anyone else wish to be recognized? If not, then I ask 
unanimous consent that the bill is considered as read and open 
to amendments at any point and that Members proceed with the 
amendments in order of the roster. Without objection, so 
ordered.
    The first amendment on the roster is a manager's amendment 
offered by the gentleman from Utah, Mr. Matheson. Are you ready 
to proceed with your amendment?
    Mr. Matheson. Yes, Mr. Chairman, I have an amendment at the 
desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3957 offered by Mr. Matheson 
of Utah.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain his 
amendment.
    Mr. Matheson. Thank you, Mr. Chairman. I will fortunately 
not take all five minutes in describing this to you.
    My amendment does three things. First, it makes technical 
corrections to the bill. Second, the amendment inserts a 
development project section to demonstrate new technologies in 
a public setting. And lastly, the amendment adds an 
authorization level to the bill.
    This amendment is derived from recommendations made at the 
Subcommittee legislative hearing that took place last fall 
which provided testimony on H.R. 3957 from water experts from 
many areas of expertise. Dr. Glen Daigger, Vice President at 
CH2MHill, testified to the importance of demonstrations as a 
part of the program, stating, ``Demonstrations can pull several 
elements together to see how an integrated system can function 
at a much higher level.'' Several other witnesses echoed his 
comments on the need for such projects in the bill. Mr. 
Clerico, the designer of the Solaire Project in New York City, 
responded to a question raised about the need for a federal 
role in this area. He argued that many water technologies face 
a confidence barrier which would be crucial in speeding up 
public acceptance of certain water efficiency technologies.
    On the subject of funding, witnesses gave a range of 
numbers for what would be appropriate. They discussed the fact 
that Singapore is investing $330 million in new research on 
water technologies in a country of only 4.5 million people. Dr. 
Daigger recommended a budget of $100 million a year as an 
optimal level for the program. Twenty million dollars was 
deemed the lowest amount to produce viable research on the 
program. To try to minimize the costs as best as possible but 
still produce a program that will offer good data and outcomes, 
that is why we proposed the $20 million authorization level in 
this bill.
    I hope my colleagues will support this manager's amendment. 
I will yield back the balance of my time.
    [The prepared statement of Mr. Matheson follows:]
           Prepared Statement of Representative Jim Matheson
    Thank you, Mr. Chairman.
    My amendment does three things. First, it makes technical 
corrections to the bill. Second, the amendment inserts a development 
project section to demonstrate new technologies in a public setting. 
And lastly, the amendment adds an authorization level to the bill.
    This amendment is derived from recommendations made at the 
Subcommittee legislative hearing last fall, which provided testimony on 
H.R. 3957 from water experts from many areas of expertise.
    Dr. Glen Daigger, Vice President at CH2MHill, testified to the 
importance of demonstrations as a part of this program stating, 
``demonstrations can pull several elements together to see how an 
integrated system can function at a much higher level.'' Several other 
witnesses echoed his comments on the need for such projects in the 
bill. Mr. Clerico, the designer of the Solaire Project in NYC, 
responded to a question raised about the new for a federal role in this 
area. He argued that many water technologies face a ``confidence 
barrier'' which would crucial in speeding up public acceptance of 
certain water efficiency technologies.
    On the subject of funding, witnesses gave a range of number for 
what would be appropriate. They discussed the fact that Singapore is 
investing $330 million in new research on water technologies for only 
4.5 million people. Dr. Daigger recommended a budget of $100 million a 
year as an optimal level for the program. $20 million was deemed the 
lowest amount to produce viable research on the subject. So as a loyal 
member of the Blue Dog Coalition, I am offering an authorization level 
that will produce good research and not waste taxpayer dollars.
    I hope that all of my colleagues will support this amendment, and 
yield back the balance of my time.

    Chairman Gordon. Thank you, Mr. Matheson. I assume this has 
been well vetted with the Minority? Mr. Matheson, I assume this 
has been----
    Mr. Matheson. Yes, Mr. Chairman, and I was remiss in 
acknowledging both Majority and Minority staff have been 
excellent to work with on this, and it is within the tradition 
of this committee that the staffs do work so well together and 
I appreciate their help on this amendment.
    Chairman Gordon. Thank you, Mr. Matheson.
    Is there further discussion on the amendment? If no, the 
vote occurs on the amendment. All in favor say aye. Opposed, 
no. The ayes have it and the amendment is agreed to.
    The second amendment on the roster is an amendment offered 
just in time by the gentlelady from Texas, Mrs. Johnson. Are 
you ready to proceed?
    Ms. Johnson. I am ready.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3957 offered by Ms. Eddie 
Bernice Johnson of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize the 
gentlelady for five minutes to explain her amendment.
    Ms. Johnson. Thank you very much, Mr. Chairman. There is an 
uncanny thing that happens every time. I have another committee 
at the same time.
    Thank you for considering this amendment. I want to commend 
my colleague, Mr. Matheson, for his good work to promote water-
use efficiency and conservation research at the Environmental 
Protection Agency. This issue is one of great interest to me. 
Currently I serve as Chair of the Subcommittee on Water 
Resources and Environment on the Transportation and 
Infrastructure Committee. Just this spring, my subcommittee has 
studied a variety of issues including protecting America's 
coasts, managing our watersheds, understanding commercial 
vessels' environmental impacts, preserving water quality to our 
Great Lakes, and recommendations for a comprehensive water 
strategy to address the Nation's future water supply.
    At present, several regions of the country face significant 
water resources challenges ranging from droughts in the 
Southeast and Southwest to the recent flooding in the Midwest. 
Watershed planning management and cutting-edge research can be 
important in helping to inform better policy decisions in 
addressing complicated water resources challenges. I am very 
pleased that the Committee on Science and Technology has taken 
interest in research relating to water, and I view water as one 
of our nation's most precious natural resources. In some areas 
of our nation, such as the Southwest, water supply is very 
scarce and it is worth our investment to support research into 
how to better conserve, collect, store and treat rainwater. In 
other regions of our Nation, flooding is a problem. My district 
in Dallas is at risk for flooding from the Trinity River and 
several of my colleagues on this committee face similar 
threats.
    Managing this precious resource is a matter of national 
importance, and because of my involvement with the Water 
Resources Subcommittee, I suggest an amendment that makes a 
number of small changes to Mr. Matheson's bill and these 
primarily deal with including water storage as an allowable 
research activity, including water conservation as well as 
efficiency, providing for a publicly accessible clearinghouse 
for the sharing of information related to technology transfer, 
and encouraging minority-serving institutions to participate in 
research programs.
    Mr. Chairman, I want to add that I submitted this amendment 
to the Committee on Monday afternoon, well in advance of the 
deadline, and I thank my colleagues for their consideration of 
this amendment and urge its passage.
    The language here I think talks about what it does. It 
expands the EPA research program to include technologies and 
processes that enable the storage as well as collection, 
treatment and reuse of stormwater as well as rainwater and 
greywater. It expands the research program focus to include the 
behavioral barriers to water conservation, adds watershed 
planning as an additional research focus, directs the 
establishment of a publicly accessible clearinghouse for 
sharing water-use efficiency and conservation technologies, 
directs the Assistant Administrator to encourage minority-
serving institutions to apply for such research grants, adds 
conservation along with portions for water-use efficiency 
throughout the bill. There are various parts that the language 
is placed.
    Thank you, Mr. Chairman.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Chairman Gordon and Ranking Member Hall, for considering 
my amendment to H.R. 3957.
    I want to commend my colleague, Mr. Matheson, for his good work to 
promote water use efficiency and conservation research at the 
Environmental Protection Agency.
    This issue is one of great interest to me.
    Currently, I serve as Chair of the Subcommittee on Water Resources 
and Environment, on the Transportation and Infrastructure Committee.
    Just this spring, my subcommittee has studied a variety of issues 
including:

        -  protecting America's coasts;

        -  managing our watersheds;

        -  understanding commercial vessels' environmental impacts;

        -  preserving water quality of our Great Lakes; and

        -  recommendations for a comprehensive water strategy to 
        address the Nation's future water supply needs.

    At present, several regions of the country face significant water 
resource challenges ranging from droughts in the Southeast and 
Southwest to the recent flooding in the Midwest.
    Watershed planning, management, and cutting-edge research can be 
important in helping to inform better policy decisions in addressing 
complicated water resources challenges.
    I am very pleased that the Committee on Science and Technology has 
taken an interest in research relating to water.
    I view water as one of our nation's most precious natural 
resources.
    In some areas of our nation, such as the Southwest, water is very 
scarce.
    It is worth our investment to support research into how to better 
conserve, collect, store and treat rainwater.
    In other regions of our nation, flooding is a problem. My district, 
in Dallas, is at risk of flooding by the Trinity River, and several of 
my colleagues on this committee face similar threats.
    Managing this precious resource is a matter of national importance.
    Because of my involvement with the Water Resources Subcommittee, I 
suggest an amendment that makes a number of small changes to Mr. 
Matheson's bill.
    These primarily deal with:

        -  including water storage as an allowable research activity;

        -  including water conservation as well as efficiency;

        -  providing for a publicly-accessible clearinghouse for the 
        sharing of information relating to technology transfer; and

        -  encouraging Minority Serving Institutions to participate in 
        the research program.

    Mr. Chairman, I want to add that I submitted this amendment to the 
Committee on Monday afternoon, well in advance of the deadline.
    I thank my colleagues for their consideration of this amendment and 
urge its passage.
    Thank you Mr. Chairman. I yield back.

    Chairman Gordon. Thank you, Ms. Johnson.
    Ms. Edwards, you will see that we all serve on different 
committees, and Ms. Johnson serves on the Transportation 
Committee and brings some of her expertise in that area over 
here to help make these bills better, and we appreciate that.
    Is there further discussion on the bill? If no, the vote 
occurs on the amendment. All in favor of the amendment, say 
aye. Opposed, no. The ayes have it and the amendment is agreed 
to.
    Now, the third amendment on the roster is an amendment 
offered by the gentleman from Georgia, Dr. Gingrey. Are you 
ready to proceed with your amendment?
    Mr. Gingrey. Mr. Chairman, I am.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3957 offered by Mr. Gingrey of 
Georgia.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize the 
gentleman for five minutes to explain the amendment.
    Mr. Gingrey. Thank you, Mr. Chairman. I first want to 
commend my colleague from Utah, Mr. Matheson, for introducing 
this legislation to address ways in which the Environmental 
Protection Agency can use its Office of Research and 
Development to promote technologies that increase water 
efficiency and conservation by collection, treatment and reuse 
of rainwater and greywater and research on water storage.
    Mr. Chairman, over the past year, my home State of Georgia 
and specifically, my district, has experienced significant and 
historic drought conditions that have brought to the forefront 
what the future may hold for our local water supply. In 
addition to the drought conditions in my district in northwest 
Georgia, as my colleague from Texas said, a number of other 
states are facing similar challenges. Over the next five years, 
more than half of the states in our country anticipate some 
sort of water shortage that will wreak havoc on our environment 
as well as on our economy. I am encouraged that this 
legislation puts in place some methods to adopt emerging 
technologies to help us make better use of one of our most 
precious resources, of course, that is water. However, I do 
have some concerns that H.R. 3957 creates a program within the 
EPA's jurisdiction but without giving it proper direction about 
how to implement a strategic research plan to make this program 
successful.
    So the amendment that I am offering today will work to 
modify this legislation by actually requiring the EPA to 
develop a coordinated plan within the agency's Office of 
Research and Development for research on water-use efficiency 
and conservation. This amendment will also require the EPA to 
provide reports to Congress on how the goals are met on water-
use efficiency, water conservation and expanded water supply, 
all of which are important not only in northwest Georgia but 
across the country. This amendment also recognizes potential 
research changes and allows the EPA flexibility to revise and 
amend as needed the operating plan to reflect scientific 
findings and national research priorities.
    Mr. Chairman, my goal with this amendment is to help 
provide the EPA with a more honed directive so the agency can 
hit the ground running to utilize new technologies to increase 
our water efficiency. I have worked very closely with the 
Majority to ensure that this amendment improves H.R. 3957 
without adding overly cumbersome bureaucracy to the EPA.
    Finally, I would like to commend my colleagues for working 
on this important issue in a bipartisan manner and I am pleased 
that the Majority has been willing to work with me to improve 
this legislation. I urge all of my colleagues to support this 
amendment as well as the underlying bill, and I yield back.
    Chairman Gordon. Thank you, Dr. Gingrey. I know that the 
drought really has had an impact in Georgia. This is an 
important bill, and you have made it better, and I think 
probably good enough that we won't have to put that pipe in the 
Tennessee River now once this gets implemented.
    Mr. Gingrey. Well, Mr. Chairman, if you will yield back 
now, I wouldn't go as far as to say that.
    Chairman Gordon. Is there further discussion on the 
amendment? If no, the vote occurs on the amendment. All in 
favor, say aye. Opposed, no. The ayes have it and the amendment 
is agreed to.
    The fourth amendment on the roster is an amendment offered 
by the gentlelady from Arizona. Are you ready to proceed with 
your amendment?
    Ms. Giffords. Yes, Mr. Chairman.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3957 offered by Ms. Giffords 
of Arizona.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize the 
gentlelady for five minutes to explain her amendment.
    Ms. Giffords. Thank you, Mr. Chairman. Thank you, Ranking 
Member Hall as well.
    Back in May when this committee held a hearing on water 
supply challenges for the 21st century, one of the expert 
witnesses here was Dr. Steven Parker, Director of Water Science 
and Technology Board of the National Research Council. It seems 
like it was a long time ago, but when we think about water 
issues, really just very, very recently. Committee Members may 
recall that in his testimony, Dr. Parker discussed some recent 
work that was being undertaken by the Water Science and 
Technology Board on water supply and water management. He also 
discussed some major challenges facing State and local 
governments in providing adequate water supplies to meet our 
society's competing and growing needs. It is interesting 
hearing from Mr. Gingrey what he has experienced in his home 
State of Georgia. I hail from Arizona, which is the second 
fasting growing state. It is a desert state, record droughts, 
record population growth, so we are really challenged out in 
the Southwest as well. Now, as part of his response to Members' 
questions following the hearing, Dr. Parker conveyed his 
recommendations for a study of water management practices in 
use in the United States and around the globe. The purpose 
would be to identify effective practices that could be 
implemented or implemented more widely in the United States. 
This amendment, Mr. Chairman, would authorize such a study by 
the National Academies in coordination with the EPA. The study 
would examine innovative systemic approaches to managing water 
supply, wastewater and stormwater in urban areas and 
surrounding communities. But a special emphasis will be placed 
on studying the interrelationship of water supplies with other 
major systems such as energy and transportation. In addition to 
looking at practices that are already in place, both here and 
abroad, the study would identify priority research and 
development needs going forward. The study would also assess 
barriers to implementation of new practices.
    Mr. Chairman, the study would emphasize both the soft-path 
and the low-impact approaches to water management, and these 
terms I think we are going to be hearing more about in the 
future. The term ``soft path'' refers to a framework for 
thinking about how to integrate different water supplies, for 
example, treatment, supply, delivery, to increase overall 
efficiency of use. Soft-path approaches emphasize using the 
natural capacities of ecosystems to provide filtration services 
and clean water. The term ``low impact'' in this context refers 
to technologies and practices for gathering and using the water 
that falls on any given site as rain. Together, both these 
terms describe the cutting edge in thinking about water 
management. In the 20th century, water management solutions are 
often characterized by expensive capital investment projects to 
transport water great distances and treat it in large 
centralized facilities. By contrast, 21st century solutions are 
much more likely to employ soft-path and low-impact approaches. 
The purpose of this study is to produce a report that will 
evaluate challenges and opportunities and then recommend 
innovative, integrated solutions. The report will serve as a 
practical reference for planners, scientists, engineers, non-
governmental organizations and regulators concerned with water 
management.
    I urge my colleagues to support this amendment, and with 
that, I yield back my time.
    [The prepared statement of Ms. Giffords follows:]
        Prepared Statement of Representative Gabrielle Giffords
    Back in May, when the Committee held a hearing on Water Supply 
Challenges for the 21st century, one of the expert witnesses was Dr. 
Stephen Parker, Director of the Water Science and Technology Board of 
the National Research Council.
    Committee Members may recall that in his testimony, Dr. Parker 
discussed recent work undertaken by the Water Science and Technology 
Board on water supply and water management. He also discussed major 
challenges facing states and local governments in providing adequate 
water supplies to meet society's competing and growing needs.
    As part of his response to Member questions following the hearing, 
Dr. Parker conveyed his recommendation for a study of water management 
practices in use in the U.S. and around the world. The purpose would be 
to identify effective practices that could be implemented--or 
implemented more widely--in the United States. My amendment would 
authorize such a study.
    The study would examine innovative, systematic approaches to 
managing water supply, wastewater, and storm water in urban areas and 
surrounding communities. A special emphasis would be placed on studying 
the inter-relationship of water systems with other major systems such 
as energy and transportation. In addition to looking at practices that 
are already in place, both here and abroad, the study would identify 
priority research and development needs going forward. The study would 
also assess barriers to implementation of new practices.
    The study would emphasize ``soft path'' and ``low impact'' 
approaches to water management. The term ``soft path'' refers to a 
framework for thinking about how to integrate different water systems 
(for example, supply, treatment, etc.) and increase overall efficiency 
of use. Soft path approaches emphasize using the natural capacities of 
ecosystems to provide filtration services and clean water.
    The term ``low impact,'' in this context, refers to technologies 
and practices for gathering and using the water that falls on any given 
site as rain.
    Together, these terms describe the cutting edge in thinking about 
water management. In the 20th century water management solutions were 
often characterized by expensive capital investment projects to 
transport water great distances and treat it in large, centralized 
facilities. By contrast, 21st century solutions are much more likely to 
employ ``soft path'' and ``low impact'' approaches.
    The purpose of this study is to produce a report that will evaluate 
challenges and opportunities and then and recommend innovative, 
integrated solutions. The report will serve as a practical reference 
for planners, scientists, engineers, non-governmental organizations, 
and regulators concerned with water management. I urge my colleagues to 
support this amendment.
    With that, I yield back.

    Chairman Gordon. Thank you, Ms. Giffords, for the 
thoughtful amendment.
    Ms. Edwards, you will soon find that whether we are talking 
about water or pumpkins, somehow Ms. Giffords is able to work 
in Arizona into those.
    Is there any further discussion on the amendment? If no, 
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? If no, then the vote on the 
bill, H.R. 3957 as amended----
    Mr. Rohrabacher. Mr. Chairman?
    Chairman Gordon. Oh, excuse me. Mr. Rohrabacher.
    Mr. Rohrabacher. If I could strike the last word?
    Chairman Gordon. Certainly. The gentleman is recognized for 
five minutes.
    Mr. Rohrabacher. Let me just note that in our area, Long 
Beach, I was able to secure some funds that were necessary for 
a research and development program for a local water district.
    Chairman Gordon. Was that an earmark?
    Mr. Rohrabacher. It was an earmark. I, however, have not 
been one of the Republicans that are known for attacking 
earmarks, so I say so proudly, and let me just note, this could 
be an example of why earmarks are justified in most cases. The 
earmark I was able to secure for our local water district, this 
is before my colleague, Laura Richardson, joined us, but in 
cooperation with her predecessor, the local water district was 
able to do a research project that resulted in a desalinization 
system that uses 20 to 25 percent less energy to accomplish the 
same amount of desalinization. So the research that we are 
talking about in bills like this can have some very, very 
positive impacts. I just thought that I would put that on the 
record and suggest that what we are doing today could well, and 
is intended to, have some actual measurable results and public 
benefit. Thank you very much.
    Chairman Gordon. If the gentleman will yield?
    Mr. Rohrabacher. Yes.
    Chairman Gordon. Ms. Richardson has discussed this with me 
today. She is very proud of what is going on out there. Water, 
as I mentioned earlier, is a very, very important issue for 
this country and the world. There are going to be wars fought 
over water. You know, water is going to become more and more 
expensive. If my father knew, you know, that I was paying more 
for a thing of water than for a soft drink or a beer, you know, 
he would never believe that. As Ralph Hall says, California is 
divided by water. We have got agriculture versus communities. 
If you will pardon me, we just put our toe in this. I think we 
have gotten off to a good start. I was just thinking during 
this collaboration that hopefully over August or between the 
time we get ready to go, I would like to have a little think-
tank session with the Minority and Majority staff and Members 
to talk about where we want to take this next year. We need to 
be the leader. Eddie Bernice, she is not here now, but she is 
doing some things on transportation. This is a very important 
issue and we need to get out in front of it, and we intend to.
    Mr. Rohrabacher. As I said, Mr. Chairman, reclaiming my 
time, that already I have seen in our local area that a 
research and development project actually was able to make some 
very positive changes and show a great reward for the amount of 
money that was put into the research project, so I thank you 
very much, Mr. Chairman.
    Chairman Gordon. Certainly.
    Mr. Hall. Mr. Chairman?
    Chairman Gordon. Yes, Mr. Hall.
    Mr. Hall. I pledge next year as Chairman to be as kind to 
you as you have been to me.
    Chairman Gordon. I am sure you will. All right. So now H.R. 
3957 as amended. All those in favor will say aye. All those 
opposed, no. In the opinion of the Chair, the ayes have it. I 
now recognize Mr. Matheson to offer a motion.
    Mr. Matheson. Mr. Chairman, I move that the Committee 
favorably report H.R. 3957 as amended to the House with the 
recommendation that the bill do pass. Furthermore, I move that 
staff be instructed to prepare the legislative report and make 
necessary technical and conforming changes and that the 
Chairman take all necessary steps to bring the bill before the 
House for consideration.
    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, and 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. 3957, the Water Use Efficiency, 
Conservation and Research Act as amended. 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. 3957, Section-by-Section Analysis, Amendment Roster






               Section-by-Section Analysis of H.R. 3957,
           Water Use Efficiency and Conservation Research Act
    Purpose: To increase research, development, education, and 
technology transfer activities related to water use efficiency and 
conservation technologies and practices at the Environmental Protection 
Agency (EPA).

Section 1: Short Title

    The ``Water Use Efficiency and Conservation Research Act''.

Section 2: Findings

    Section 2 includes the Congressional findings and defines the need 
for expanding the scope of research and development conducted by the 
Environmental Protection agency to include water use efficiency and 
conservation to address the problems of increasing water shortages 
across the country.

Section 3: Research Program

    Section 3 directs the Assistant Administrator to establish a 
research, development, and demonstration program within the 
Environmental Protection Agency's Office of Research and Development to 
promote water use efficiency and conservation. The bill provides 
examples of several areas the program should address including water 
storage and distribution systems; and behavioral, social, and economic 
barriers to achieving greater water use efficiency. In addition, the 
bill states the program should research technologies and processes that 
enable the collection, treatment, and reuse of rainwater and greywater. 
The specific projects selected for funding through the program should 
reflect the needs identified by local and State water managers.

Section 4: Technology Transfer

    Section 4 directs the Assistant Administrator to collect and 
disseminate information on current water use efficient and conservation 
technologies and practices to facilitate their adoption. This 
information should include incentives and impediments to development 
and commercialization, best practices, and anticipated increases in 
water use efficiency resulting from the implementation of these 
processes.

Section 5: Report

    Section 5 directs the Assistant Administrator to report to Congress 
on the progress being made by the Environmental Protection Agency with 
regard to the research projects initiated, and the outreach and 
communication activities conducted through the program.

Section 6: Authorization of Appropriations

    Section 6 provides a five-year authorization of the program with 
such sums as necessary to carry out the program.


                       XXIII. EXCHANGE OF LETTERS

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                     Washington, DC, July 22, 2008.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology,
House of Representatives, Washington, DC.
    Dear Chairman Gordon: I write to you regarding H.R. 3957, 
the ``Water Use Efficiency and Conservation Research Act.'' 
This legislation authorizes the Environmental Protection Agency 
to establish a research and development program to promote 
water use efficiency and conservation technologies and 
practices.
    H.R. 3957 contains provisions that fall within the 
jurisdiction of the Committee on Transportation and 
Infrastructure. I recognize and appreciate your desire to bring 
this legislation before the House in an expeditious manner and, 
accordingly, I will not seek a sequential referral of the bill. 
However, I agree to waive consideration of this bill with the 
mutual understanding that my decision to forego a sequential 
referral of the bill does not waive, reduce, or otherwise 
affect the jurisdiction of the Committee on Transportation and 
Infrastructure over H.R. 3957.
    Further, the Committee on Transportation and Infrastructure 
reserves the right to seek the appointment of conferees during 
any House-Senate conference convened on this legislation on 
provisions of the bill that are within the Committee's 
jurisdiction. I ask for your commitment to support any request 
by the Committee on Transportation and Infrastructure for the 
appointment of conferees on H.R. 3957 or similar legislation.
    Please place a copy of this letter and your response 
acknowledging the Committee on Transportation and 
Infrastructure's jurisdictional interest in the Committee 
Report on H.R. 3957 and in the Congressional Record during 
consideration of the measure on the House Floor.
    I look forward to working with you as we prepare to pass 
this important legislation,
            Sincerely,
                                         James L. Oberstar,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                       Committee on Science and Technology,
                                     Washington, DC, July 22, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Chairman Oberstar: Thank you for your July 22, 2008 
letter regarding H.R. 3957, the Water Use Efficiency and 
Conservation Research Act. Your support for this legislation 
and your assistance in ensuring its timely consideration are 
greatly appreciated.
    I agree that provisions in the bill are of jurisdictional 
interest to the Committee on Transportation and Infrastructure. 
I acknowledge that by forgoing a sequential referral, your 
Committee is not relinquishing its jurisdiction and I will 
fully support your request to be represented in a House-Senate 
conference on those provisions over which the Committee on 
Transportation and Infrastructure has jurisdiction in H.R. 
3957. A copy of our letters will be placed in the Committee 
Report on H.R. 3957 and in the Congressional Record during 
consideration of the bill on the House floor.
    I value your cooperation and look forward to working with 
you as we move ahead with this important legislation.
            Sincerely,
                                               Bart Gordon,
                                                          Chairman.

                                  
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