    [House Report 111-344]
    [From the U.S. Government Publishing Office]

    111th Congress                                                   Report
                            HOUSE OF REPRESENTATIVES
     1st Session                                                    111-344

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

                   ENERGY AND WATER RESEARCH INTEGRATION ACT

                                    _______

    December 1, 2009.--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

                                 together with

                                ADDITIONAL VIEWS

                            [To accompany H.R. 3598]

          [Including cost estimate of the Congressional Budget Office]

      The Committee on Science and Technology, to whom was referred
    the bill (H.R. 3598) to ensure consideration of water intensity
    in the Department of Energy's energy research, development, and
    demonstration programs to help guarantee efficient, reliable,
    and sustainable delivery of energy and water resources, having
    considered the same, report favorably thereon with an amendment
    and recommend that the bill as amended do pass.

                                    CONTENTS

                                                                       Page
       I. Bill............................................................2
      II. Purpose of the Bill.............................................3
     III. Background and Need for the Legislation.........................3
      IV. Summary of Hearings.............................................6
       V. Committee Actions...............................................8
      VI. Summary of Major Provisions of the Bill.........................9
     VII. Section-by-Section Analysis....................................10
    VIII. Committee Views................................................11
      IX. Cost Estimate..................................................13
       X. Congressional Budget Office Cost Estimate......................13
      XI. Compliance with Public Law 104-4...............................14
     XII. Committee Oversight Findings and Recommendations...............14
    XIII. Statement on General Performance Goals and Objectives..........14
     XIV. Constitutional Authority Statement.............................15
      XV. Federal Advisory Committee Statement...........................15
     XVI. Congressional Accountability Act...............................15
    XVII. Statement on Preemption of State, Local, or Tribal Law.........15
    XVIII.Earmark Identification.........................................15

     XIX. Committee Recommendations......................................15
      XX. Additional Views...............................................16
     XXI. Proceedings of the Subcommittee Markup.........................19
    XXII. Proceedings of the Full Committee Markup.......................42

                                    I. BILL

      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 ``Energy and Water Research Integration
    Act''.

    SEC. 2. INTEGRATING ENERGY AND WATER RESEARCH.

      (a) In General.--In carrying out the energy research, development,
    and demonstration programs and projects of the Department of Energy,
    the Secretary of Energy shall--
              (1) seek to advance energy and energy efficiency technologies
            and practices that would--
                      (A) minimize freshwater withdrawal and consumption;
                      (B) increase water use efficiency; and
                      (C) utilize nontraditional water sources with efforts
                    to improve the quality of that water;
              (2) consider the effects climate variability and change may
            have on water supplies and quality for energy generation and
            fuel production; and
              (3) improve understanding of the energy required to provide
            water supplies and the water required to provide reliable
            energy supplies throughout the United States.
      (b) Delay or Disruption.--In carrying out subsection (a), the
    Secretary shall ensure that no program or project of the Department of
    Energy is unnecessarily delayed or disrupted.
      (c) Specific Considerations.--In carrying out subsection (a), the
    Secretary shall consider, as appropriate--
              (1) new advanced cooling technologies for energy generation
            and fuel production technologies;
              (2) performance improvement of existing cooling technologies
            and cost reductions associated with using those technologies;
              (3) innovative water reuse, recovery, and treatment in energy
            generation and fuel production;
              (4) technology development for carbon capture and storage
            systems that utilize efficient water use design strategies;
              (5) technologies that are life-cycle cost effective;
              (6) systems analysis and modeling of issues relating to the
            energy required to provide water supplies and the water
            required to provide reliable energy supplies throughout the
            United States;
              (7) technologies to treat and utilize produced waters
            discharged from oil, natural gas, coalbed methane, and mining
            activities;
              (8) advanced materials for the use of nontraditional water
            sources for energy generation and fuel production;
              (9) biomass production and utilization and the impact on
            hydrologic systems;
              (10) technologies that reduce impacts on water from energy
            resource development;
              (11) increases in energy efficiency of water distribution and
            collection systems; and
              (12) technologies for energy generation from water
            distribution and collection systems.
      (d) Interagency Collaboration and Nonduplication.--In carrying out
    the energy research, development, and demonstration programs of the
    Department of Energy in accordance with this section, the Secretary
    shall, where appropriate, work collaboratively with other Federal
    agencies operating related programs and avoid duplication.
      (e) Intra-agency Coordination and Nonduplication.--In carrying out
    the energy research, development, and demonstration programs of the
    Department of Energy in accordance with this section, the Secretary
    shall coordinate and avoid duplication of activities across programs
    and projects of the Department, including with those of the National
    laboratories.
      (f) Relevant Information and Recommendations.--In carrying out the
    energy research, development, and demonstration programs of the
    Department of Energy in accordance with this section, the Secretary
    shall consider and incorporate, as appropriate, relevant information
    and recommendations, including those of the National Water Availability
    and Use Assessment Program under section 9508(d) of the Omnibus Public
    Land Management Act of 2009 (42 U.S.C. 10368(d)).
      (g) Reports.--Not later than 1 year after the date of enactment of
    this Act, and at least once every 2 years thereafter, the Secretary
    shall transmit to Congress a report on findings and activities under
    this section.
      (h) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Energy for carrying out this section
    $60,000,000 for each of the fiscal years 2011 through 2015.

    SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL.

      (a) In General.--The Secretary of Energy, in coordination with other
    relevant Federal agencies, shall establish an Energy-Water Architecture
    Council to promote and enable improved energy and water resource data
    collection, reporting, and technological innovation. The Council shall
    consist of--
              (1) representation from each Federal agency that conducts
            research related to energy and water resource data; and
              (2) non-Federal members, including representatives of
            research and academic institutions and industry, who have
            expertise in technologies and practices relating to the energy
            required to provide water supplies and the water required to
            provide reliable energy supplies throughout the United States.
      (b) Functions.--The Council shall--
              (1) develop data collection and data communication standards
            and protocols for the energy required to provide water supplies
            and the water required to provide reliable energy supplies
            throughout the United States;
              (2) make improvements to Federal water use data to increase
            understanding of trends in energy generation and fuel
            production;
              (3) utilize information from existing monitoring networks to
            provide nationally uniform water and energy use and
            infrastructure data; and
              (4) conduct annual technical workshops, including at least
            one regional workshop annually, to facilitate information
            exchange among Federal, State, and private sector experts on
            technologies that encourage the conservation and efficient use
            of water and energy.
      (c) Reports.--Not later than 1 year after the date of enactment of
    this Act, and at least once every 2 years thereafter, the Council,
    through the Secretary of Energy, shall transmit to the Congress a
    report on its findings and activities under this section.
      (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Energy for carrying out this section
    $5,000,000 for each of the fiscal years 2011 through 2015.

    SEC. 4. LIMITATION ON FEDERAL REGULATIONS.

      Nothing in this Act shall be construed to allow the establishment of
    regulations by the Federal Government that would infringe or impair the
    use of water by State, tribal, or local governments.

    SEC. 5. MANDATES.

      Nothing in this Act shall be construed to require State, tribal, or
    local governments to take any action that may result in an increased
    financial burden to such governments by restricting the use of water by
    such governments.

                            II. PURPOSE OF THE BILL

        The purpose of H.R. 3598 is to ensure consideration of
    water intensity in the Department of Energy's energy research,
    development and demonstration programs where appropriate, and
    to help assure efficient, reliable and sustainable delivery of
    energy and water resources.

                  III. BACKGROUND AND NEED FOR THE LEGISLATION

        According to the National Science and Technology Council
    Committee on Environment and Natural Resources' Subcommittee on
    Water Availability and Quality report, A Strategy for Federal
    Science and Technology to Support Water Availability and
    Quality in the United States, there is a need for coordinated
    science and technology efforts to better understand water
    supply and demand in the United States. In addition, the
    Committee understands the Department of Energy will issue a
    draft energy-water research roadmap outlining a number of
    research and development challenges in this area. Finally, the
    recent Government Accountability Office report, Electricity and
    Water: Improvements to Federal Water Use Data Would Increase
    Understanding of Trends in Power Plant Water Use, underscores
    the need for improvements in federal water use data to help
    increase the understanding of trends in power plant water use.
        Energy and water are directly linked. Water is essential
    for energy generation and fuel production--it is used in energy
    resource extraction, refining, processing, transportation,
    hydroelectric generation, thermoelectric power plant cooling
    and emissions scrubbing. Equally important is the energy needed
    for water pumping, treatment, distribution and end-use
    requirements. Furthermore, climate variability and demand
    growth affect both our water and energy resources. Accordingly,
    it is important to recognize this interdependency and develop
    technologies and adopt practices that allow us to manage these
    resources effectively. Thermoelectric power, oil, natural gas,
    oil shale, and renewable energy, including solar power and
    biofuels, are all important areas for energy and water research
    integration.
        Thermoelectric Power: Water is a critical resource in the
    thermoelectric power industry. The primary purpose for water
    withdrawal in the industry is cooling. Thermoelectric power
    generation uses a variety of fuel sources including coal,
    nuclear, oil, natural gas, and the steam portion of gas-fired
    combined cycle plants. The United States Geological Survey
    (USGS) estimates that thermoelectric generation accounts for
    approximately 136 billion gallons per day of freshwater
    withdrawals, ranking only slightly behind agricultural
    irrigation as the largest source of freshwater withdrawals in
    the United States.\1\ According to the National Energy
    Technology Laboratory Director's testimony before the Senate
    Energy and Natural Resources Committee earlier this year,
    nuclear power plants consume approximately 40 percent more
    water than equivalent contemporary sub-critical pulverized coal
    (PC) plants and natural gas combined cycle plants consume
    approximately 60 percent less than PC plants.
    ---------------------------------------------------------------------------
        \1\Feeley, Thomas J. et al, 2006, ``Department of Energy/National
    Energy Technology Laboratory's Power Plant-Water R&D Program,''
    Pittsburgh, PA.
    ---------------------------------------------------------------------------
        As our population grows, our demand for water continues to
    rise while supplies become scarcer. In water-stressed areas of
    the United States, power plants will increasingly compete with
    other sectors of the economy and end-users for water resources.
    In addition, energy and water-related regulatory policy may add
    to the challenge of operating our existing power plants and
    permitting new thermoelectric power plants.
        In discussing water use at thermoelectric power plants, it
    is necessary to make a distinction between water withdrawal and
    water consumption. Water withdrawal represents the total water
    taken from a water source or reservoir, such as a lake or
    river. Water consumption measures the amount of water
    withdrawal that is not returned to the source. Freshwater
    consumption for thermoelectric uses appears low at only three
    percent when compared with other use categories such as
    irrigation, which is responsible for 81 percent of water
    consumed. Still, at that consumption rate, thermoelectric power
    plants consumed more than 3 billion gallons per day.\2\ Given
    that the energy-water relationship is already under strain, the
    Department of Energy's National Energy Technology Laboratory
    (NETL) is developing advanced technologies targeted at reducing
    freshwater withdrawal and consumption associated with
    thermoelectric power generation.
    ---------------------------------------------------------------------------
        \2\Feeley, Thomas J. et al, 2007, ``Water: A Critical Resource in
    the Thermoelectric Power Industry,'' Department of Energy, National
    Energy Technology Laboratory, Pittsburgh, PA.
    ---------------------------------------------------------------------------
        Oil, Gas and Oil Shale: Initial extraction of oil and gas
    does not require a great deal of water, but as oil deposits are
    depleted, enhanced oil recovery (EOR) techniques are applied to
    extract additional oil from existing wells. These techniques
    often involve injection of water or steam into the well to
    extract the additional resource. In 1995, the American
    Petroleum Institute estimated that oil and gas operations
    generated 18 billion barrels of produced water and estimated
    that over 70 percent of the produced water is recycled and used
    for EOR. The Department of Energy estimates that conventional
    petroleum refineries consume one gallon of water for each
    gallon of oil refined. Additional water is needed for cooling
    during the refining process. DOE also estimates that the U.S.
    has 500 billion to 1.1 trillion barrels of oil in the form of
    oil shale deposits. Recovery of these deposits could consume
    two-to-five gallons of water per gallon of refinery-ready oil,
    according to DOE.
        Renewables: The use of water in the extraction and
    processing of petroleum-based transportation fuels is
    relatively small compared to the electric-generating industry.
    However, similar to fossil and nuclear technologies, many
    renewable energy technologies use water in the generation
    process. The Department's Office of Energy Efficiency and
    Renewable Energy has started to address these issues through
    their Industrial Technologies Program (ITP) as well as through
    studies and research activities in individual renewable energy
    technology programs. Concentrating solar thermal, geothermal
    and biomass combustion are all renewable technologies which
    generate power through conventional heat-engine operating
    cycles, which are generally water intensive. One area of
    research funded by ITP is the organic rankine cycle (ORC),
    which can improve recovery of waste heat in industrial
    processes and be used in solar thermal and geothermal
    operations. An ORC uses an organic fluid instead of steam to
    power a high-efficiency turbine, thereby reducing water use and
    increasing energy efficiency. Additional efficiency gains can
    be achieved for solar thermal and geothermal technologies if
    power plants forgo wet cooling technologies for the more
    expensive dry cooling technologies, similar to fossil power
    plant technologies.
        Biofuel production has come under significant scrutiny for
    its use of water. From feedstock production to final conversion
    to a liquid transportation fuel, biofuels have a significant
    impact on water resources. Dedicated energy crops grown
    specifically for energy production can be very water intensive
    if irrigation is necessary for sufficient yields. On the other
    hand, low-value woody biomass, algae, agriculture residues or
    other organic waste streams used as feedstocks for energy
    production biomass have a much smaller demand for water.
    Additionally, water is used in several other processes during
    conversion, but the biorefining process is modest compared to
    the water applied and consumed in growing the plants used to
    produce the biofuels. According to a 2007 Sandia National
    Laboratories report, a traditional dry mill corn-ethanol
    facility uses four gallons of water per gallon of ethanol
    produced (gal/gal).\3\ A new study by the Argonne National
    Laboratory has shown that this number has significantly
    decreased over time.\4\ Technologies being researched such as
    gasification and pyrolysis may also help to decrease the need
    for water in biofuels production.
    ---------------------------------------------------------------------------
        \3\Pate, R., et al, 2007, ``Overview of Energy-Water
    Interdependencies and the Emerging Energy Demands on Water Resources,''
    Sandia National Laboratories, Los Alamos, NM.
        \4\Wu, May, 2008, ``Analysis of the Efficiency of the U.S. Ethanol
    Industry 2007,'' Center for Transportation Research, Argonne National
    Laboratory, delivered to Renewable Fuels Association.
    ---------------------------------------------------------------------------
        As future demands for energy and water continue to grow,
    the reliability of our energy and water supplies is likely to
    be an increasing challenge. As water use decisions become more
    difficult a comprehensive research, development and
    demonstration strategy would help to ensure we are well-
    equipped to prevent energy and water supply disruptions.
        H.R. 3598 authorizes research addressing these issues by
    directing the Secretary of Energy to integrate energy-related
    water issues into energy research, development and
    demonstration programs at the Department of Energy.

                            IV. SUMMARY OF HEARINGS

    Subcommittee hearing--``Technology Research and Development Efforts
            Related to the Energy and Water Linkage''

        On Thursday, July 9, 2009, the Subcommittee on Energy and
    Environment held a hearing on the role of the federal
    government and industry in developing technologies designed to
    address the inextricable link between our energy and water
    resources and how deployment of such technologies could help to
    avoid resource supply disruptions.
        There were five witnesses: (1) Dr. Kristina Johnson,
    Undersecretary of Energy for the U.S. Department of Energy
    (DOE); (2) Ms. Anu Mittal, Director of Natural Resources and
    Environment at the U.S. Government Accountability Office (GAO);
    (3) Dr. Bryan Hannegan, Vice President of Environment &
    Generation at the Electric Power Research Institute (EPRI); (4)
    Mr. Terry Murphy, President of SolarReserve, LLC; and (5) Mr.
    Richard L. Stanley, Vice President of the Engineering Division
    at GE Energy.
        During the discussion period, the Members and witnesses
    discussed the varied opportunities and limitations for
    modifying water use in energy production. They identified
    several major themes including the relationship of carbon
    emissions with both water and energy, a need for collaborative
    research and development among industry, academia, domestic
    federal programs, and other nations, the distinction between
    water use and water consumption (loss), economic considerations
    of new energy policies, and the need for simultaneous research
    on water and energy due to their interdependency. Other topics
    included projected national population growth and accompanying
    demand for water and energy, uses for grey water, existing
    energy plant retrofits, a national goal for water reuse, energy
    storage technologies and the Smart Grid, water use in biomass
    crop production, gas turbine efficiency, water demands with
    carbon capture and sequestration at coal plants, water
    desalinization, industry enthusiasm for new technologies, water
    use in cooling nuclear power plants, emissions trading schemes,
    and job creation.
        Dr. Kristina M. Johnson, Under Secretary of Energy at the
    Department of Energy. Dr. Johnson explained the importance of
    considering climate change effects as we make decisions about
    our energy and water resources. She also discussed the
    Department's policy priorities, including energy conservation,
    development of renewables and advancing technologies that make
    our power plants operate more efficiently.
        Ms. Anu Mittal, Director, Natural Resources and Environment
    at the Government Accountability Office (GAO). Ms. Mittal
    provided a preview of two GAO reports due later this year. One
    report covers water use in power generation and the second
    report addresses water use in biofuel production. She stated
    that GAO had identified a number of research needs at all
    stages of the biofuels lifecycle from cultivation to conversion
    and distribution. She underscored the need to improve federal
    data collection efforts through the Energy Information
    Administration (EIA). Specifically, she recommended that EIA
    collect and report data on power plants' use of advanced
    cooling technologies and alternative water sources, and further
    recommended that the U.S. Geological Survey restart its efforts
    to collect data on power plant water consumption and make the
    data on use of alternative water sources readily available.
        Dr. Bryan Hannegan, Vice President, Environment &
    Generation for the Electric Power Research Institute. Dr.
    Hannegan stated that in the future we will be living in a
    carbon-constrained world and a water-constrained world because
    of climate variability, economic growth, and increasing demand
    for those resources. He discussed the water use at
    thermoelectric power generation plants, including future water
    use anticipated should carbon capture and storage technologies
    be deployed broadly. He described existing and advanced cooling
    technologies and operation practices available today and the
    challenges and benefits with deployment of these technologies
    and strategies.
        Mr. Terry Murphy, President of SolarReserve. Mr. Murphy
    stated that solar-based electricity will be instrumental in
    achieving our renewable energy production goals. He provided an
    overview of concentrating solar thermal technologies and
    explained hybrid cooling technologies. He also noted that the
    cost of new technologies should not be overlooked.
        Mr. Richard L. Stanley, Vice President, Engineering
    Division with GE Energy. Mr. Stanley noted that the nexus
    between power generation and water usage is one of the world's
    most complex and critical public policy challenges. He offered
    four recommendations to the Committee: greater investments in
    water reuse technologies, federal support for research,
    development and demonstration of high-efficiency gas turbine
    technology, increased research in system integration of
    desalination processes and additional research on large-scale
    demonstration of ORC technology for waste heat recovery.
        The following related hearings were also held in the 110th
    and 111th Congresses:
        On March 4, 2009, a hearing titled: 21st Century Water
    Planning: The Importance of a Coordinated Federal Approach.
        On July 23, 2008, a hearing titled: A National Water
    Initiative: Coordinating and Improving Federal Research on
    Water.
        On May 14, 2008, a hearing titled: Water Supply Challenges
    for the 21st Century.
        On October 30, 2007, a hearing titled: Research To Improve
    Water-Use Efficiency and Conservation: Technologies and
    Practices.

                              V. COMMITTEE ACTIONS

        On September 17, 2009, Committee Chairman Bart Gordon
    introduced H.R. 3598, the Energy Water Research Integration
    Act, which was referred to the Committee on Science and
    Technology.

    Subcommittee markup

        On September 30, 2009, the Subcommittee on Energy and
    Environment met to consider H.R. 3598, The Energy Water
    Research Integration Act. The Subcommittee considered the
    following amendments:
        1. Mr. Gordon offered a manager's amendment. The amendment
    proposed to make technical corrections, clarify the intent of
    the bill and incorporate suggestions from witnesses and
    minority staff. The amendment was agreed to by voice vote.
        2. Mr. Inglis offered an amendment to require the Secretary
    of Energy to review the report of the National Water
    Availability and Use Assessment Program under section 9508(d)
    of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
    10368(d)) before providing Congress with a narrowly focused
    research and development strategy for implementing Section 2 of
    the bill. The amendment was withdrawn.
        H.R. 3598, as amended, was agreed to by voice vote.
        Mr. Baird moved that the Subcommittee favorably report H.R.
    3598, as amended, to the Full Committee. The motion was agreed
    to by voice vote.

    Full committee markup

        On October 7, 2009, the Science and Technology Committee
    met to consider three pieces of legislation, including H.R.
    3598, The Energy and Water Research Integration Act. The
    Committee considered the following amendments:
        1. Mr. Gordon offered a manager's amendment. The amendment
    proposed to make technical corrections, clarify the intent of
    the bill and incorporate suggestions from witnesses and
    minority staff. The amendment was agreed to by voice vote.
        2. Mr. Hall offered an amendment to modify Section 2 to
    require the Secretary to develop an ``Energy Water Research and
    Development Roadmap'' to define research, development,
    demonstration, and commercialization efforts related to the
    energy-water nexus. The amendment provides ten specific
    considerations for the Roadmap for which the Secretary shall
    establish milestones. In addition, the amendment requires the
    Secretary to implement the Roadmap in carrying out energy
    research, development, and demonstration programs at DOE.
    Finally, the amendment changed the authorization level to $30
    million over five years. The amendment was withdrawn.
        3. Ms. Dahlkemper offered an amendment to add two items to
    the list of specific considerations in the legislation. The
    amendment would require the Secretary to consider increases in
    the energy efficiency of water distribution and collection
    systems and to consider technologies for energy generation from
    water distribution and collection systems. The amendment was
    agreed to by voice vote.
        4. Mr. Smith offered two amendments en bloc. The amendment
    adds two additional sections to the legislation clarifying that
    nothing in the Act, ``shall be construed to allow the
    establishment of regulations by the Federal Government that
    would infringe or impair the use of water by State, tribal, or
    local governments,'' and that nothing in the Act ``shall be
    construed to require State, tribal, or local governments to
    take any action that may result in an increased financial
    burden to such governments by restricting the use of water by
    such governments.'' The amendment was agreed to by voice vote.
        5. Ms. Johnson offered an amendment to add ``natural gas''
    as a specific consideration under Section 2(b)(7). The
    amendment was agreed to by voice vote.
        6. Mr. Broun offered an amendment to add a new section to
    the bill that would require the Secretary to review a report
    from the National Water Availability and Use Assessment
    Program, conduct a study in consultation with EPA, and provide
    to Congress a ``narrowly focused research and development
    strategy'' before implementing Section 2 of the bill. The
    amendment was defeated by voice vote.
        7. Ms. Biggert offered an amendment to strike Section 3
    (``Energy-Water Architecture Council'') from the bill. The
    amendment was defeated by voice vote.
        H.R. 3598, as amended, was agreed to by voice vote.
        Mr. Tonko moved that the Committee favorably report H.R.
    3598, as amended, to the House with the recommendation that the
    bill do pass. The motion was agreed to by voice vote.

                  VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

        H.R. 3598 requires the Secretary of Energy to integrate
    water-related research into the DOE's existing energy and
    energy efficiency research, development and demonstration
    programs and projects to help assure efficient, reliable and
    sustainable delivery of our energy and water resources.
        Generally, the bill authorizes $60 million annually in
    Fiscal Years 2011 through 2015 to advance energy and energy
    efficiency technologies and practices that would minimize
    freshwater withdrawal and consumption, increase water use
    efficiency, and utilize nontraditional water sources in energy
    production. The Secretary also is directed to consider the
    effects climate change may have on water supplies and quality
    for energy generation and fuel production. In addition, the
    Secretary is directed to improve the understanding of the
    energy required to provide water supplies and the water
    required to provide reliable energy supplies throughout the
    United States. Additionally, when conducting research the
    Secretary will coordinate with other agencies to reduce
    duplication of activities. The Secretary will also consider
    relevant information and recommendations when carrying out the
    energy-water research and report back to Congress not later
    than one year and at least once every two years thereafter on
    its findings and activities.
        In carrying out the Department's energy research,
    development and demonstration programs the Secretary should
    consider the following specific areas, where appropriate: (1)
    new advanced cooling technologies for energy generation and
    fuel production technologies; (2) performance improvements in
    existing cooling technologies and cost reductions associated
    with using those technologies; (3) innovative water reuse,
    recovery, and treatment in energy generation and fuel
    production; (4) efficient water use design strategies and
    technology development for carbon capture and storage systems;
    (5) technologies that are life-cycle cost effective; (6)
    systems analysis and modeling of issues relating to the energy
    required to provide water supplies and the water required to
    provide reliable energy supplies throughout the U.S.; (7)
    technologies to treat and utilize produced waters discharged
    from oil, coalbed methane and mining activities; (8) advanced
    materials for the use of nontraditional water sources for
    energy generation and fuel production; (9) biomass production
    and the impact on hydrologic systems; (10) reduction of water
    resource impacts of fossil fuel resource development; (11)
    increases in energy efficiency of water distribution and
    collection systems; and (12) technologies for energy generation
    from water distribution and collection systems.
        H.R. 3598 also authorizes $5 million annually to the
    Secretary of Energy to coordinate with other relevant federal
    agencies to establish an Energy-Water Architecture Council
    (EWAC) for the purposes of providing improved energy and water
    resource data collection, reporting and technological
    innovation. EWAC will be led by the DOE but will involve non-
    federal representatives, including representatives from
    research and academic institutions and industry who have
    expertise in technologies and practices relating to the energy
    required to provide water supplies and the water required to
    provide reliable energy supplies. The functions of EWAC
    include: (1) developing data collection and data communication
    standards and protocols, (2) making improvements to federal
    water use data, (3) utilizing information from existing
    monitoring networks to provide nationally uniform water and
    energy use and infrastructure data, and (4) conducting annual
    technical workshops and at least one regional workshop
    annually.

                        VII. SECTION-BY-SECTION ANALYSIS

    Sec. 1. Short title

        Section 1 states that this Act may be cited as the ``Energy
    and Water Research Integration Act.''

    Sec. 2. Integrating Energy and Water Research

        Section 2(a) establishes the overall objectives of the
    DOE's integration of energy-related water research into its
    existing energy research, development and demonstration
    programs and projects.
        Section 2(b) ensures that the Secretary shall not
    unnecessarily delay or disrupt programs or projects.
        Section 2(c) identifies 12 specific areas of consideration
    for the Secretary as he integrates water-related research into
    the Department's existing energy and energy efficiency
    research, development and demonstration programs.
        Section 2(d) calls for interagency collaboration and
    nonduplication when carrying out research, development and
    demonstration programs and projects of this section.
        Section 2(e) calls for intra-agency collaboration and
    nonduplication when carrying out research, development and
    demonstration programs and projects of this section.
        Section 2(f) requires the Secretary to consider and
    incorporate, as appropriate, relevant information and
    recommendations when carrying out the research, development and
    demonstration programs and projects of this section.
        Section 2(g) requires the secretary to report back to
    Congress not later than one year and at least once every two
    years thereafter on its findings and activities under this
    section.
        Section 2(h) authorizes to be appropriated to the Secretary
    of Energy $60 million for each of the fiscal years 2011 through
    2015 to carry out this section.

    Sec. 3. Energy-Water Architecture Council

        Section 3(a) directs the Secretary of Energy to coordinate
    with other relevant federal agencies to establish an Energy-
    Water Architecture Council (EWAC) for the purposes of providing
    improved energy and water resource data collection, reporting,
    and technological innovation. EWAC will be led by DOE, but
    include non federal representatives, including representatives
    from research and academic institutions and industry who have
    expertise in the area of energy-water nexus.
        Section 3(b) lays out the following functions of EWAC: (1)
    developing data collection and data communication standards and
    protocols; (2) making improvements to federal water use data;
    (3) utilizing information from existing monitoring networks to
    provide nationally uniform water and energy use and
    infrastructure data; and (4) conducting annual technical
    workshops and at least one regional workshop annually.
        Section 3(c) requires that the Council, through the
    Secretary of Energy, transmit to Congress not later than one
    year after the date of enactment of this Act, and at least once
    every two years thereafter, a report that describes its
    findings and activities under this section.
        Section 3(d) authorizes to be appropriated to the Secretary
    of Energy $5 million for each of fiscal years 2011 through 2015
    to carry out this section.

                             VIII. COMMITTEE VIEWS

        H.R. 3598, the Energy Water Research Integration Act, as
    amended, is designed to address the challenges related to
    increasing demands on our energy and water resources. H.R. 3598
    will provide important research and development to meet
    specific technical challenges occurring at the nexus of energy
    and water. This nexus refers to the numerous connections
    between the energy required to provide water supplies and the
    water required to provide reliable energy supplies and all
    ancillary and otherwise related activities. The legislation
    builds on the recommendations from five House Science and
    Technology Committee hearings on water and several reports from
    the National Academies, the Government Accountability Office,
    the National Science Technology Council, and the Department of
    Energy (DOE).
        The Committee is disappointed in the DOE's delay in
    finalizing the Energy Water report required under Section 979
    of the Energy Policy Act of 2005 (P.L. 109-58). The report was
    due two years after enactment and has yet to be received by
    Congress. This report as well as other relevant information and
    recommendations on the energy water nexus should be considered
    when the Secretary carries out research under this bill.
        The Committee believes that it is vital that the DOE take
    water considerations into account as part of the Department's
    strategic thinking on energy research, development, and
    demonstration. The Committee notes the work already in progress
    at the department related to the energy-water nexus,
    specifically at the National Energy Technology Laboratory
    (NETL). This work is commendable, but as identified by witness
    testimony only the beginning of the activities that DOE should
    undertake in the energy-water nexus. The intention of the
    Committee is for the Secretary to have the discretion to
    incorporate energy-water nexus research into programs and
    projects which the Secretary considers appropriate.
        Specific consideration should be given to technologies,
    practices and areas of research outlined in the bill. One
    specific consideration the Secretary should pay attention to is
    the life-cycle cost effectiveness of a technology. To develop
    realistic assessments of all the benefits and impacts on the
    efficiency with which the country uses water to produce
    electricity, the Committee believes DOE needs a more accurate
    analysis of the full life-cycle cost of technologies--from
    resource extraction, power plant construction, power plant
    operations, and through water returns--to determine the demand
    and quality of water for energy generation. The Committee does
    not mean the life-cycle cost of a single technology that is a
    part of a larger system to produce energy. Other technologies
    which need more explanation when carrying out research include
    energy generation technologies that can be installed in water
    distribution and collection systems. Both water and sewer
    systems are designed to maximize the use of gravity. In both
    systems applications may also include pressurized (``force'')
    lines, typically for only part of the circuit of the flow from
    source to ultimate consumption. Additionally, there are many
    gravity-enabled energy generation opportunities that can and
    should be explored in water collection and distribution
    systems.
        The Committee notes the lack of common standards for
    energy-water information technology (IT), specifically related
    to measurement, evaluation and reporting. Witness testimony at
    past Science and Technology hearings provided evidence that an
    overlay of an effective IT management system could result in an
    annual water savings of 30 to 50 percent. The Committee
    believes that there is much to be gained from a water
    information technology initiative through partnerships with the
    IT industry. The end goal of such a partnership would be the
    development and deployment of a common platform: a national
    ``smart water grid.''
        H.R. 3598 creates an ``Energy-Water Architecture Council''
    (EWAC) that will facilitate the collaboration of industry,
    academia, and the federal government in improving energy and
    water resource data collection, reporting, and technological
    innovation. The Committee received testimony from multiple
    witnesses on the importance of bringing together the Federal
    Government and industry to improve energy and water resource
    technology innovation and data collection. The Committee
    recognizes the successes of the GridWise Architecture Council
    (GWAC) and encourages DOE to utilize the model of GWAC in the
    implementation of H.R. 3598. EWAC has been designed to function
    like GWAC, which has successfully brought industry and
    government together to work on a huge issue like grid
    modernization.

                               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. 3598 does not contain new budget authority, credit
    authority, or changes in revenues or tax expenditures. Assuming
    that sums authorized under the bill are appropriated, H.R. 3598
    does authorize additional discretionary spending, as described
    in the Congressional Budget Office report on the bill, which is
    contained in Section X of this report.

                  X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                      October 19, 2009.
    Hon. Bart Gordon,
    Chairman, Committee on Science and Technology, House of
            Representatives, Washington, DC.
        Dear Mr. Chairman: The Congressional Budget Office has
    prepared the enclosed cost estimate for H.R. 3598, the Energy
    and Water Research Integration Act.
        If you wish further details on this estimate, we will be
    pleased to provide them. The CBO staff contact is Jeff LaFave.
                Sincerely,
                                                  Douglas W. Elmendorf.
        Enclosure.

    H.R. 3598--Energy and Water Research Integration Act

        Summary: H.R. 3598 would authorize the appropriation of
    $325 million over the 2011-2015 period for the Department of
    Energy (DOE) to attempt to enhance energy and water-use
    efficiency in the agency's research, development, and
    demonstration programs. Assuming appropriation of the
    authorized amounts, CBO estimates that implementing the
    legislation would cost $221 million over the 2011-2014 period
    and $104 million after 2014. Enacting H.R. 3598 would not
    affect direct spending or revenues.
        H.R. 3598 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. 3598 is shown in the following table.
    The costs of this legislation fall within budget function 250
    (general science, space, and technology).

    ----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                        ------------------------------------------------------------
                                                           2010      2011      2012      2013      2014    2010-2014
    ----------------------------------------------------------------------------------------------------------------
                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

    Authorization Level................................         0        65        65        65        65        260
    Estimated Outlays..................................         0        36        55        65        65        221
    ----------------------------------------------------------------------------------------------------------------

        Basis of estimate: For this estimate, CBO assumes that H.R.
    3598 will be enacted early in fiscal year 2010 and that the
    authorized amounts will be appropriated for each fiscal year.
    Estimated outlays are based on historical spending patterns for
    similar DOE programs.
        H.R. 3598 would authorize the appropriation of $60 million
    a year over the 2011-2015 period for DOE to coordinate
    research, development, and demonstration activities that
    promote energy and water-use efficiency. The bill also would
    authorize the appropriation of $5 million a year over the 2011-
    2015 period to establish the Energy-Water Architecture Council
    to improve the collection and reporting of data on energy and
    water resources. Finally, the bill would require DOE and the
    Council to submit biennial reports to the Congress describing
    the activities of their programs. Assuming appropriation of the
    authorized amounts, CBO estimates that implementing the bill
    would cost $221 million over the 2011-2014 period and $104
    million after 2014 assuming appropriation of the authorized
    amounts.
        Intergovernmental and private-sector impact: H.R. 3598
    contains no intergovernmental or private-sector mandates as
    defined in UMRA and would impose no costs on state, local, or
    tribal governments.
        Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
    State, Local, and Tribal Governments: Ryan Miller; 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. 3598 contains no unfunded mandates.

             XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

        The Committee on Science and Technology's oversight
    findings and recommendations 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. 3598 is to ensure consideration of water intensity in the
    Department of Energy's energy research, development and
    demonstration programs where appropriate, and to help assure
    efficient, reliable and sustainable delivery of energy and
    water resources.

                    XIV. CONSTITUTIONAL AUTHORITY STATEMENT

        Article I, section 8 of the Constitution of the United
    States grants Congress the authority to enact H.R. 3598.

                    XV. FEDERAL ADVISORY COMMITTEE STATEMENT

        H.R. 3598 does not establish nor authorize the
    establishment of an advisory committee, pursuant to 5 U.S.C.
    App.

                     XVI. CONGRESSIONAL ACCOUNTABILITY ACT

        The Committee finds that H.R. 3598 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. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

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

                         XVIII. EARMARK IDENTIFICATION

        H.R. 3598 does not contain any congressional earmarks,
    limited tax benefits, or limited tariff benefits as defined in
    House rule XXI, clause 9.

                         XIX. COMMITTEE RECOMMENDATIONS

        On October 7, 2009, the Committee on Science and Technology
    favorably reported the Energy and Water Research Integration
    Act by voice vote, and recommended its enactment.
        XX. ADDITIONAL VIEWS OF REPRESENTATIVES RALPH M. HALL, F. JAMES
      SENSENBRENNER, PAUL C. BROUN, JUDY BIGGERT, MARIO DIAZ-BALART, DANA
         ROHRABACHER, RANDY NEUGEBAUER, BOB INGLIS, MICHAEL T. McCAUL.

        While we are wholeheartedly supportive of the intention of
    H.R. 3598 which is to ensure consideration of water intensity
    in the Department of Energy's research, development and
    demonstration (RD&D) programs and to help assure efficient,
    reliable and sustainable delivery of energy and water
    resources, we still have a few concerns with the bill as
    currently written.
        First, we are concerned that the bill, as passed out of
    Committee, could produce an unnecessary burden on the
    Department of Energy (DOE) in that the bill applies to all
    energy RD&D programs of the Department. The bill does not allow
    the Secretary to apply the requirements of the bill to only the
    appropriate programs and projects. It does not allow proper
    discretion on his part.
        Second, the bill does not require the Secretary to take
    into account, prior to implementation, various ``roadmaps'' and
    reports that specifically deal with the energy-water nexus as
    it relates to energy production in the U.S. which we believe
    would help focus the research and the dollars to the areas that
    need it most.
        An amendment was offered and withdrawn during the full
    committee markup by Ranking Member Hall. Chairman Gordon was
    gracious to offer to work with us prior to bringing the bill to
    the House Floor with the goal of incorporating parts of Ranking
    Member Hall's amendment into the bill. We do appreciate the
    changes that were included in the Manager's Amendment at our
    suggestion. Our goal with this amendment was to improve upon
    the underlying bill by giving the Secretary more guidance,
    discretion, and direction in how to carry out this necessary
    research.
        The amendment included a Roadmap, the recommendations of
    which would help guide RD&D. The amendment directed the
    Secretary to develop an Energy-Water Research and Development
    Roadmap to define RD&D and commercialization efforts at DOE.
    The Roadmap would follow the same guidelines laid out in the
    underlying bill and generally take into account the same
    specific considerations incorporated in the underlying bill.
        The amendment also included mutually agreed upon language
    that was included in the Chairman's manager's amendment on:
    collaboration, utilization of information, and reporting
    requirements.
        After receiving the roadmap, the amendment required the
    Secretary to implement the findings in such a way that would
    deliver the most ``bang for the buck'' by directing RD&D to
    those programs at DOE that are identified as the most energy
    and water intensive and that have the greatest potential to
    lessen freshwater withdrawal, increase water use efficiency,
    and utilize nontraditional water sources.
        Congress under previous legislation required the DOE to
    submit a similar report and reports from the Subcommittee on
    Water Availability and Quality and the National Academies of
    Science are currently available on this issue. We did not see
    this roadmap language as intending to replace any work
    previously done or to ignore the work that could be
    forthcoming, but instead intended for the Roadmap in this
    amendment to incorporate these different reports and thus be an
    authoritative document that can serve as a ``one stop shop''
    for the energy/water nexus research needs. To that end, the
    timelines set forth for the Roadmap in this amendment would not
    have delayed implementation of the RD&D, as it mirrors the
    Chairman's language which starts in FY 2011, and the Roadmap
    was to be developed within 6 months of enactment.
        The amendment also would have cut the five-year
    authorization from $300 million to $150 million. The electric
    power industry released a report two years ago that proposed a
    research and development program on the energy/water nexus that
    would cost $37.5 million over a 10-year period. The R&D program
    proposed would address at least 3 of the special considerations
    outlined in the underlying bill and in the amendment. We
    realized that the electric power industry would not be the only
    energy sector that would be affected, so a comprehensive R&D
    program would be more costly for everyone than what this
    industry report called for. Furthermore, we understand that the
    Chairman's intent may be to establish a program that is more
    aggressive than industry may propose on its own. Even with all
    these considerations, the authorization level included in the
    amendment is an order of magnitude greater than the industry
    report. If the roadmap were to have been done correctly, and
    there would truly be collaboration and cooperation within the
    Department and between Federal agencies, a funding level of $30
    million per year should have been more than sufficient to
    address the needs of this bill.
        In addition to two minority amendments that were accepted,
    there were two that were defeated by voice vote. One would have
    removed the requirement to establish the Energy-Water
    Architecture Council. We felt that this council is unnecessary
    as it is duplicative of other groups currently in existence.
    The worst possible scenario is us setting up a situation in
    which we have different groups developing parallel standards
    and data collection methods for the energy-water nexus that may
    be very difficult to combine. Such a task would involve some
    level of data manipulation, which could very well lead to a
    loss of scientific integrity of the findings. We have worked
    very hard in this committee to avoid duplicative efforts just
    like this.
        The second amendment rejected would have required the
    Secretary to review a report of the National Water Availability
    and Use Assessment Program, conduct a study in consultation
    with EPA, and provide to Congress a narrowly focused research
    and development strategy before implementing section two of the
    bill. This amendment would have provided guidance on where the
    research was needed most to address the energy/water nexus
    issue.
        We did not attempt to block passage of the bill out of
    Committee as we do feel this is an important issue, and we are
    hopeful that our concerns will be addressed through continued
    dialogue as we move through the legislative process.

                                       Ralph M. Hall.
                                       F. James Sensenbrenner, Jr.
                                       Paul C. Broun.
                                       Judy Biggert.
                                       Mario Diaz-Balart.
                                       Dana Rohrabacher.
                                       Randy Neugebauer.
                                       Bob Inglis.
                                       Michael T. McCaul.

       XXI: PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENERGY AND
      ENVIRONMENT ON H.R. 3598, ENERGY AND WATER RESEARCH INTEGRATION ACT

                                  ----------

                         WEDNESDAY, SEPTEMBER 30, 2009

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

        The Subcommittee met, pursuant to call, at 10:00 a.m., in
    Room 2318 of the Rayburn House Office Building, Hon. Brian
    Baird [Chairman of the Subcommittee] presiding.
        Chairman Baird. Good morning. The Subcommittee will now
    come to order.
        Pursuant to notice, the Subcommittee on Energy and
    Environment meets to consider the following measures: H.R.
    3650, the Harmful Algal Blooms and Hypoxia Research and Control
    Amendments Act of 2009; H.R. 3585, the Solar Technology Roadmap
    Act; and H.R. 3598, the Energy and Water Research Integration
    Act. Today we will consider these there bills that cover a wide
    range of topics in this subcommittee's purview.
        First, the Subcommittee will consider my bill, H.R. 3650,
    the Harmful Algal Blooms and Hypoxia Research and Control
    Amendments Act of 2009. As we heard in this subcommittee two
    weeks ago, rapid overproduction of algae can have devastating
    effects on aquatic plant and animal life and human health.
    Unfortunately, despite years of research, the frequency and
    duration of the harmful algal blooms and hypoxia are on the
    rise, and affecting more of our coastlines and inland waters.
    This bill directs the National Oceanic and Atmospheric
    Administration to implement research strategies and plans to
    better understand and respond to these blooms and hypoxic
    events. I look forward to discussing the bill more when we call
    it up for consideration.
        Our third bill will be H.R. 3585. We are changing the order
    slightly in order for Chairman Gordon to make an Energy and
    Commerce markup, so our third bill will be H.R. 3585, the Solar
    Technology Roadmap Act, authored by the Space and Aeronautics
    Subcommittee Chair, Ms. Gabrielle Giffords. This bill instructs
    the Department of Energy to create a comprehensive and
    updatable roadmap for solar research, development and
    demonstration activities with strong private and public input.
    This roadmap will be critically important to using our limited
    research dollars as effectively as possible in harnessing the
    truly immense solar resources we have in the U.S.
        Then our second bill will be H.R. 3598, the Energy and
    Water Research Integration Act, authored by the Full Committee
    Chairman, Mr. Bart Gordon. A little over a year ago, the
    Chairman began a comprehensive review of our federal research
    and technology development efforts to improve utilization of
    our precious water resources. The Committee has since held five
    hearings and passed out of the House three bills pertaining to
    this important topic. We now look forward to hearing from
    Chairman Gordon on this next installment, which addresses the
    critical linkage between our nation's energy and water
    resources and directs the Department of Energy to better
    integrate water into existing federal efforts in this field.
        The three bills we have before us today target several
    important research needs. I thank you all for your attendance
    and participation this morning, and I look forward to a
    productive markup.
        I recognize Mr. Inglis to present his opening remarks.
        [The prepared statement of Chairman Baird follows:]
                   Prepared Statement of Chairman Brian Baird
        I welcome everyone to this morning's Energy and Environment
    Subcommittee markup.
        Today we will consider three bills that cover a wide range of
    topics in this subcommittee's purview.
        First, the Subcommittee will consider my bill, H.R. 3650, the
    Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of
    2009. As we heard in this subcommittee two weeks ago, rapid
    overproduction of algae can have devastating effects on aquatic plant
    and animal life and human health.
        Unfortunately, despite years of research, the frequency and
    duration of the harmful algal blooms and hypoxia are on the rise, and
    affecting more of our coastlines and inland waters. This bill directs
    the National Oceanic and Atmospheric Administration to implement
    research strategies and plans to better understand and respond to these
    blooms and hypoxic events. I look forward to discussing the bill more
    when we bring it up for consideration.
        Next, we will consider H.R. 3585, the Solar Technology Roadmap Act,
    authored by the Space and Aeronautics Subcommittee Chair, Ms. Gabrielle
    Giffords. This bill instructs the Department of Energy to create a
    comprehensive, updatable roadmap for solar research, development, and
    demonstration activities with strong private and public input.
        This roadmap will be critically important to using our, limited
    research dollars as effectively as possible in harnessing the truly
    immense solar resources we have in the U.S.
        Finally, we will take up H.R. 3598, the Energy and Water Research
    Integration Act, authored by the Full Committee Chairman, Mr. Bart
    Gordon. In the last Congress the Chairman announced his intention to
    undertake a comprehensive review of our federal research and technology
    development efforts to improve utilization of our precious water
    resources. We have since held five hearings and passed out of the House
    three bills pertaining to this important topic.
        We now look forward to hearing from Chairman Gordon on this next
    installment which addresses the critical linkage between our nation's
    energy and water resources, and directs the Department of Energy to
    better integrate water into existing federal efforts in this field.
        The three bills we have before us today target several important
    research needs. I thank you all for your attendance and participation
    this morning, and I look forward to a productive markup.

        Mr. Inglis. Thank you, Mr. Chairman. Today we address three
    pieces of legislation that aim to improve the health of our
    environment, our investment in solar energy and impact of
    energy use and development on water resources.
        The first bill we will look at is the Harmful Algal Bloom
    and Hypoxia Research and Control Amendments Act of 2009. It
    will advance efforts at the federal level to reduce the
    negative impact that algal blooms have on the environment.
    Every summer we hear stories about the impact of runaway algae
    growth on local air quality, animal deaths and environmental
    quality. Not only do these blooms impact recreation, they
    burden marine, commerce and human health. This legislation will
    promote a better understanding of algal blooms and will help us
    effectively prevent and respond to blooms and hypoxia.
        Second, we will discuss the Solar Technology Roadmap Act.
    This bill aims to increase the strength of our domestic solar
    technology industry through a coordinated research and
    development program and public-private partnerships. It also
    requires industry, academia and government researchers to
    develop a long-term roadmap that will advance our clean energy
    alternatives. I hope we can ensure the roadmap is not focused
    on technology options we are already aware of but also
    emphasizes cutting-edge advancements that will define the
    future of solar power.
        Finally, we turn to the Energy and Water Research
    Integration Act, which directs the Department of Energy to take
    into consider energy-related water issues in research,
    development and demonstration projects. While I agree with the
    intent of the bill, I am concerned that this only reframes
    existing DOE priorities and ignores the large role that water
    resource information should play. I am looking forward to
    working together to improve the bill.
        Thank you again, Mr. Chairman, and I look forward to
    addressing this legislation.
        Chairman Baird. Thank you, Mr. Inglis. Members may place
    statements for the record at this point.
        We will now consider H.R. 3598, the Energy and Water
    Research Integration Act. I recognize Chairman Gordon to talk
    about his bill. Chairman Gordon.
        Chairman Gordon. Thank you, Chairman Baird. Let me first
    say to you, Chairman Baird and Ranking Member Inglis, you have
    been the workhorse Subcommittee for our committee. These are
    three more excellent bills. I know it takes a lot of time from
    other work you have to do but, you know, you are fortunate to
    have an outstanding staff to help you with this, but it really
    does, I think, help us to have better product when we go
    through a subcommittee process rather than just do everything
    at the Full Committee level. It allows us to have more input
    from the Minority, from outside folks and we just get better
    bills, and again, I thank you. You have really been, as I say,
    the workhorse of our committee.
        Now, concerning this bill, to meet our future demands for
    both energy and water, we will need to better understand the
    linkage between these two important resources. Energy is needed
    to pump, treat and transport water while large quantities of
    water are used to develop energy supplies. H.R. 3598, the
    Energy and Water Research Integration Act, seeks to address the
    nexus of our energy and water resources by requiring the
    Secretary to integrate water-related issues into the
    Department's existing energy efficiency and energy technology
    research, development and demonstration programs. The bill
    authorizes $60 million annually for five years for this
    research. Additionally, H.R. 3598 creates an Energy-Water
    Architecture Council that will facilitate the collaboration of
    industry, academia and the Federal Government in improving
    energy and water resource data collection, reporting and
    technological innovation. The bill authorizes $5 million
    annually to the Secretary of Energy for five years for this
    purpose. After five Committee hearings on water including one
    specifically related to the energy-water nexus, this
    legislation is a result of serious investigation by the
    Committee. H.R. 3598 has been informed by the witnesses'
    testimonies and reports from the national academies, the
    Government Accountability Office, the National Science
    Technology Council and the Department of Energy. This
    legislation provides additional tools in a national effort to
    address the growing problems related to supply and quality of
    water and energy and augments the interagency coordinating
    effort laid out in my other bill, H.R. 1145, the National Water
    Research and Development Initiative Act of 2009.
        I encourage all my colleagues on the Subcommittee to join
    me in this effort and support H.R. 3598. Let me also say to Mr.
    Inglis, I duly noted your earlier concerns and certainly want
    to continue to work with you as we go from the Subcommittee to
    the Full Committee level. As always, you make constructive
    suggestions to make good bills better.
        Thank you, Mr. Chairman.
        [The prepared statement of Chairman Gordon follows:]
                   Prepared Statement of Chairman Bart Gordon
        Thank you, Mr. Chairman.
        To meet our future demands for both energy and water we will need
    to better understand the critical linkages between these two important
    resources. Energy is needed to pump, treat, and transport water, while
    large quantities of water are used to develop energy supplies.
        H.R. 3598, the Energy and Water Research Integration Act, seeks to
    address the nexus of our energy and water resources by requiring the
    Secretary to integrate water-related issues into the Department's
    existing energy efficiency and energy technology research, development
    and demonstration programs. The bill authorizes $60 million annually
    for five years for this research.
        Additionally, H.R. 3598 creates an ``Energy-Water Architecture
    Council'' (EWAC) that will facilitate the collaboration of industry,
    academia, and the Federal Government in improving energy and water
    resource data collection, reporting and technological innovation. The
    bill authorizes $5 million annually to the Secretary of Energy for five
    years for this purpose.
        After five Committee hearings on water, including one specifically
    related to the energy-water nexus, this legislation is the result of
    serious investigation by the Committee. H.R. 3598 has been informed by
    witness testimonies and reports from the National Academies, the
    Government Accountability Office, the National Science Technology
    Council, and the Department of Energy.
        This legislation provides additional tools in a national effort to
    address the growing problems related to supply and quality of water and
    energy, and augments the interagency coordination effort laid out in my
    other bill, H.R. 1145, the National Water Research and Development
    Initiative Act of 2009.
        I encourage all my colleagues on the Subcommittee to join me in
    this effort and support H.R. 3598.

        Chairman Baird. Thank you, Mr. Chairman, and I just want to
    commend you. You know, I would not be surprised at all if
    historians will look back, and if this last century was the
    century of oil, this next century may be the century of water,
    and you are, as always, well ahead of the curve on that issue
    and on the nexus and I applaud you for this legislation and the
    series of bills you have authored on this topic.
        I would now recognize Mr. Inglis to present any remarks on
    the bill.
        Mr. Inglis. Thank you, Mr. Chairman, both Mr. Chairmen.
        So as more and more of our communities experience water
    stress and our population continues to grow, the energy-water
    nexus is increasingly important. Managers of electricity
    generation facilities, refineries, mines and industrial
    facilities are painfully aware of what constrained water
    resources can mean for their operations. To ensure that we make
    the best decisions about future energy infrastructure and
    technology, DOE should take into account ways to manage water
    demands and energy production. It is reassuring to know that
    several programs have already been addressing this need. Still,
    our water resource problems are predicted to become more severe
    and more work needs to be done. As DOE continues its efforts to
    ensure that our energy demands--continues to ensure that they
    should focus not only on new technology and innovation but on
    water resource issues at the regional and local level.
        The 2009 Omnibus Lands Management Act includes several
    reports on water resource issues. Relying on this information
    will ensure that DOE focuses their resources in the most
    efficient way possible to make the most progress in areas most
    at risk. I intend to offer an amendment along these lines, Mr.
    Chairman, and I thank you for the time.
        [The prepared statement of Mr. Inglis follows:]
                Prepared Statement of Representative Bob Inglis
        As more and more of our communities experience water stress and our
    population continues to grow, the energy-water nexus is increasingly
    important. Managers of electricity generation facilities, refineries,
    mines, and industrial facilities are painfully aware of what
    constrained water resources can mean for their operations.
        To ensure that we make the best decisions about future energy
    infrastructure and technology, DOE should take into account ways to
    manage water demands in energy production. It's reassuring to know that
    several programs have already been addressing this need. Still, our
    water resource problems are predicted to become more severe, and more
    work needs to be done.
        As DOE continues its efforts to ensure that our energy demands,
    they should focus not only on new technology and innovation, but on
    water resource issues at the regional and local level. The 2009 Omnibus
    Lands Management Act includes several reports on water resource issues.
    Relying on this information will ensure that DOE focuses their
    resources in the most efficient way possible to make the most progress
    in areas most at risk. I intend to offer an amendment along these
    lines.

        Chairman Baird. Do other Members wish to be recognized? If
    not, I will ask unanimous consent that the bill is considered
    as read and open to amendment at any point and that the Members
    proceed with the amendments in the order of the roster. Without
    objection, so ordered.
        The first amendment on the roster is a manager's amendment
    offered by Chairman Gordon. Are you ready to proceed with your
    amendment, Chairman Gordon?
        Chairman Gordon. I have an amendment at the desk.
        Chairman Baird. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, amendment number 033,
    offered by Mr. Gordon of Tennessee.
        Chairman Gordon. The manager's amendment makes a series of
    changes throughout H.R. 3598 to clarify the intent of the
    legislation and to incorporate recommendations from witnesses.
    In addition, this amendment is the product of good suggestions
    put forth by the Minority, and we thank you for those
    insightful comments.
        Section 2 of H.R. 3598 is an amendment to clarify that the
    intent of the bill is to integrate water-related issues into
    the Department's existing energy efficiency and energy
    technology research, development and demonstration programs.
    The bill is not meant to create a new program at DOE or involve
    every program within the agency.
        Section 3 of the bill is amended to ensure that the Energy
    and Water Architecture Council includes a wide variety of non-
    federal members with expertise across the energy-water
    spectrum. Furthermore, this section is modified to clarify that
    the council will bring informed government, academic and
    industry stakeholders to the table to begin talks about what a
    smart water grid would entail.
        Based on witnesses' recommendations, the manager's
    amendment modifies Section 3 to allow for regional as well as
    national technical workshops. Regional workshops will allow for
    a greater range of potential stakeholder participation and
    bring focus to region-specific issues and solutions.
        This amendment is a result of good suggestions from our
    Minority and witnesses from past Science and Technology
    Committee hearings, and I ask my colleagues to support the
    amendment.
        [The prepared statement of Chairman Gordon follows:]
                   Prepared Statement of Chairman Bart Gordon
        The manager's amendment makes a series of changes throughout H.R.
    3598 to clarify the intent of the legislation and to incorporate
    recommendations from witnesses. In addition, this amendment is the
    product of good suggestions put forward by the Minority, and we thank
    you for those insightful comments.
        Section 2 of H.R. 3598 is amended to clarify that the intent of the
    bill is to integrate water-related issues into the Department's
    existing energy efficiency and energy technology research, development
    and demonstration programs.
        This bill is not meant to create a new program at DOE or involve
    every program within the agency.
        Section 3 of the bill is amended to ensure that the Energy and
    Water Architecture Council includes a wide variety of non-federal
    members with expertise across the energy-water spectrum. Furthermore,
    this section is modified to clarify that the Council will bring
    informed government, academic, and industry stakeholders to the table
    to begin talks about what a ``Smart Water Grid'' would entail.
        Based on witness recommendations, the manager's amendment modifies
    Section 3 to allow for regional, as well as, national technical
    workshops. Regional workshops will allow for a greater range of
    potential stakeholder participation and bring focus to region specific
    issues and solutions.
        This amendment is the result of good suggestions from our Minority
    and witnesses from past Science and Technology Committee hearings. I
    ask my colleagues to support the amendment.

        Chairman Baird. I thank the Chairman. Is there further
    discussion on this amendment or the bill? Dr. Bartlett.
        Mr. Bartlett. This may be an appropriate place for a
    question that I have. As you are aware, the Federal Government
    generally defers to the states primacy on allocation of surface
    water and groundwater within their jurisdiction. Historically,
    water quantity and allocation decisions, including water
    efficiency incentives, have been State matters whereas water
    quality has been the purview of the Federal Government, the
    majority of water supply planning and water quantity
    regulations affirmed by State and local entities. Given that
    water rights and usage authority and decisions generally reside
    with states and localities, could water-related R&D project
    requirements, energy-water systems analysis and associated
    modeling efforts necessitate greater involvement by State and
    local agencies in DOE-sponsored project approval or operations?
    And if so, what would that involvement entail?
        Chairman Gordon. Mr. Bartlett, that is a very good
    question, and I am going to yield to staff for a good answer
    here. Who would like to take that on?
        Counsel. I definitely think that there would be greater
    involvement from the states and we would encourage more
    collaboration on those individual technologies.
        Chairman Gordon. I think the thrust, Dr. Bartlett, is to
    look for best ideas from all areas and so I think these
    workshops would certainly allow for that additional input.
        Mr. Bartlett. Thank you very much. Traditionally, the
    Federal Government has been involved only in water quality
    where quantity and distribution have been State and local
    entity decisions, and I just wanted to make sure that this
    legislation is not going to preempt that traditional division
    of responsibilities.
        Chairman Gordon. Well, it is certainly not to--if the
    gentleman would yield, the effort is not to usurp that but
    rather to provide them with additional information so they can
    make those decisions.
        Mr. Bartlett. Thank you very much. Thank you.
        Chairman Baird. Ms. Biggert.
        Ms. Biggert. Thank you, Mr. Chairman, and I do want to say
    that I really support the intent of this bill. I just have a
    couple questions. Number one, as introduced, the bill requires
    the Secretary of Energy in carrying out each of the energy R&D
    programs of the DOE to advance energy and energy efficiency
    technologies and practices and incorporate an appropriate host
    of requirements, and one, for example, would be to incorporate
    new advanced cooling technologies for energy generation and
    fuel production technologies. Does that mean for every R&D
    program at DOE new advanced cooling technologies would need to
    be utilized? And would these technologies be those DOE is
    seeking to demonstrate on a commercial scale? And would these
    technologies be those DOE is seeking to demonstrate that
    industry developed that were unable to penetrate the market and
    would the cost of installation be considered a determining
    factor?
        Chairman Gordon. If the gentlelady would yield, the
    legislation specifically gives the Secretary the discretion. It
    is not a mandate to incorporate in all areas of research, just
    where appropriate.
        Ms. Biggert. Okay. Would these technologies be those DOE is
    seeking to demonstrate on a commercial scale?
        Chairman Gordon. Again, once again that is to the
    discretion of the Secretary where they think it would be
    appropriate and beneficial.
        Ms. Biggert. So there is no talk of what we would be
    thinking that the Secretary would consider like would the cost
    of the installation be a determining factor?
        Chairman Gordon. I would certainly think that that would be
    a factor that the Secretary would have to take into account.
    There is limited dollars to go around.
        Ms. Biggert. Was there any change in the manager's
    amendment language to address what seems like a broad mandate
    placed on the Department to develop the research, development
    and demonstration program?
        Chairman Gordon. Well, once again, it says it does not
    require it to be integrated in every project but rather leaves
    that to the discretion of the Secretary, and I would assume the
    Secretary recognizing there are limited funds would certainly
    take that into consideration.
        Ms. Biggert. Okay. Then with the creation of the Energy-
    Water Architecture Council in Section 3, it seems to be a
    laudable goal but do you think that it duplicates efforts made
    by other Department agencies and the private sector? It seems
    that other bodies created under prior statutes including the
    Secure Water Act are addressing many of these issues and that
    DOE already participates in these group efforts.
        Chairman Gordon. If the gentlelady would yield, this is
    directly from a recommendation that was made by industry, by
    the government, by different academies. We took their good
    ideas and placed it here. I think if they thought it was a
    duplication, that they would not have made those
    recommendations.
        Ms. Biggert. But I think it should be noted that the
    technical workshops seem to duplicate the efforts made on
    behalf of these issues by the private sector including those
    industrial groups so maybe they want to switch and not----
        Chairman Gordon. Well, I think the private sector would
    like to have a direct conduit to getting their recommendations
    into federal policy.
        Ms. Biggert. Would the $5 million per year in authorization
    be used to pay for the putting on these technical workshops?
        Chairman Gordon. Yes. What we have found is that if you--
    and what we, you know, tried to do in a variety of ways is
    recognize that there are limited resources, whether it is
    water, different areas, nanotechnology. You know, we are trying
    to set up coordination between the various federal agencies to
    better use that money. We find that if you do not give an
    authorization and they have to use their existing
    administrative expenses or funds, they simply don't do as good
    a job. They shortchange it. And so that was the purpose, yes,
    to cover the cost of those regional meetings.
        Ms. Biggert. So you think that these workshops would be
    more informative than those held at the annual meetings and
    conferences sponsored by the industry and the investment
    groups?
        Chairman Gordon. Well, I think a couple of things. One,
    they will be a--this will be a way for them not just to talk
    among themselves but also be able to talk to policy-makers,
    which is something that I think they will want to do. Secondly,
    I think that it is important--some of the water problems in
    Arizona are different than the water problems in New York or
    Tennessee. So I think it is important that we have the regional
    meetings so that again part of what we are trying to do is
    gather information so that communities can make good decisions
    and that water problems simply differ in different regions of
    the country.
        Ms. Biggert. And just quickly, Section 3 states that the
    Energy-Water Architecture Council is to promote and enable
    improved energy and water resource data collection, reporting
    and technological innovation. Does this mean that the
    technological innovation is in water resource data collecting
    and reporting?
        Chairman Gordon. This is where it would be directly related
    to energy production, that nexus again that we discussed
    between water and energy.
        Ms. Biggert. And then if appropriations are provided under
    Section 2D, how would the funds be distributed and allocated
    among the DOE's RD&D activities?
        Chairman Gordon. Once again, that would be a matter of
    discretion with the Secretary.
        Ms. Biggert. Okay.
        Chairman Baird. I thank the gentlelady.
        Ms. Biggert. Thank you. I yield back.
        Chairman Baird. Time is expired. Dr. Ehlers.
        Mr. Ehlers. Thank you, Mr. Chairman. I just would like to
    follow up on the comments and questions of Dr. Bartlett and
    support his view on this. The Great Lakes states are very, very
    nervous about dryer states trying to steal the water from the
    Great Lakes and the issue that Dr. Bartlett raised is right on
    point, that the Federal Government has no control over the
    distribution of the water that the states control, just the
    quality of it, and I want to make sure that is clearly in the
    record. Thank you.
        Chairman Baird. Thank you, Dr. Ehlers. Are there other
    Members wishing to be recognized on the amendment?
        If no, the vote occurs on the amendment. All in favor will
    say aye. Those opposed, no. The ayes have it and the amendment
    is agreed to.
        The second amendment on the roster is an amendment offered
    by the Ranking Member, Mr. Inglis. Are you ready to proceed
    with your amendment, Mr. Inglis?
        Mr. Inglis. Yes, Mr. Chairman, I have an amendment at the
    desk.
        Chairman Baird. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, amendment number 1015,
    offered by Mr. Inglis of South Carolina.
        Chairman Baird. 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. Inglis. Thank you, Mr. Chairman.
        Clemson University's Restoration Institute recently
    launched Intelligent River, a real-time observation system that
    supports monitoring and management of 154 miles of the Savannah
    River along the banks of South Carolina's shores. The project
    started with the intent of monitoring river health but real-
    time information has piqued the interest of local stakeholders
    who can use it to more efficiently manage water withdrawal and
    discharges during periods of water stress. This information is
    also a powerful input for long-term investment decisions in
    water use technologies. The public lands bill that went into
    law earlier this year directed the Department of Interior to
    conduct a water census. This census will provide information on
    water quality, availability, flow, use and storage and it will
    generate models and predictive tools to guide water use
    decisions. All of this information is intended to help us
    effectively manage competing water interests and future
    decisions, similar to, as I was mentioning, what the Clemson
    University's Restoration Institute has been doing.
        My amendment would require DOE to take into account the
    information coming out of the water census in carrying out the
    directives of this bill. This will improve DOE's resource
    investment with full awareness of what regions and research
    areas emphasize the most. I understand that delaying the start
    of this program may be undesirable, so I will withdraw my
    amendment at this time. I hope that we can work at the staff
    level in advance of the Full Committee markup to ensure that
    this important information is incorporated into DOE's decision-
    making, and Mr. Chairman, I also want to use this time, if I
    may, to ask some questions of counsel that basically what we
    are after here is to get this water census coming and so the
    question is whether to sort of work into this bill some sort of
    delay until that water census is here because I was just
    mentioning this Savannah River study really has turned up some
    interesting things, and so the directive now to the DOE may be
    premature in light of that water census coming. There is also
    some angst on this side that you have already heard here about
    how you do this to make these directives but then pull back and
    give the Secretary discretion. So this bill as drafted has a
    series of ``shalls'' and then it says ``as necessary.'' So it
    is a little bit--we are in a quandary about how you draft that.
    We want you to do this but we want to give you discretion,
    which I think that the Chairman of the Full Committee is right
    to want to give the Secretary discretion but we also want them
    to act, so it is a hard balance here to figure out whether you
    direct and then give discretion or how you do that. So some
    questions for counsel that may get at some of this and prepare
    us for working hopefully in a collaborative way between here
    and Full Committee to figure out how to address this water
    census issue, number one, and number two, how do you direct the
    DOE but then give them the ability to have discretion. So the
    first question, is any of this work currently being done by DOE
    and has there been an assessment of that work already being
    done on a project-by-project basis?
        Counsel. This bill was developed with the knowledge that
    some of this work is going on at DOE. We have looked at several
    of the projects that have been funded. We have not done an
    assessment of every single project that all the different
    programs at DOE has included energy and water nexus information
    in.
        Mr. Inglis. And in fact, we asked that question of DOE and
    we got sort of a two-page summary but not a real comprehensive
    list of what they are doing, so perhaps when we are in Full
    Committee we can get some help from you on that, on getting
    from DOE a more complete answer.
        Chairman Gordon. If the gentleman would yield, I might add
    to that. I think certainly the census is an important document
    and we need to get that, but we know the general report is
    going to say that there are limits to water availability. Now,
    we want to get into regions and things of that nature but we
    know it is going to be the basic bottom line is that there are
    those limitations and so I think that it would not be best or I
    don't think necessary to wait for that to come back to go ahead
    and get started with this energy-water nexus research. The sort
    of what you might say stop and start is recognition is
    recognition of two things, one, that we do have limited
    resources, and two, we want to use those best, and so that is
    why we want to be able to allow the Secretary where needed, you
    know, to use those limited resources and again to coordinate
    those activities without imposing additional mandates that they
    are not going to have the funds for.
        Mr. Inglis. Let us see. In fact, Mr. Chairman, I think my
    time is up, but I am----
        Chairman Gordon. I would yield my time to Mr. Inglis to
    continue with his good questions.
        Mr. Inglis. Thank you, Mr. Chairman. That is helpful. The
    second question here is, how will this new requirement impact
    the progress of DOE's projects and demonstrations? Can we
    expect delays? Will DOE be required to incorporate new
    technologies? In other words, DOE is already doing some
    projects and demonstrations. We surely wouldn't want any
    delays. Do we have any idea how this new requirement might,
    these ``shalls'' with discretion impact those existing
    projects?
        Counsel. Well, the program doesn't start until 2011, so it
    will not impact any of the existing projects.
        Mr. Inglis. That is helpful. And the third question, how
    can we ensure that progress in water use efficiency made by
    individual projects or programs is communicated to interested
    parties in DOE and relevant agencies? In other words, how can
    we avoid duplication of this research?
        Counsel. Just to clarify, do you mean within the agency?
        Mr. Inglis. I guess it is between agencies. DOE and
    relevant agencies are doing some projects and programs and we
    are wondering how we are going to avoid duplication.
        Counsel. Sir, there is a section that specifically
    addresses the interagency collaboration to make sure that the
    agencies will be talking to each other as they go forward.
        Mr. Inglis. And how about within DOE?
        Counsel. We have discussed several issues with the
    Department of Energy and they have told us that they are
    already coordinating this research. For example, NETL is
    already talking to EERE.
        Mr. Inglis. So just to sort of summarize here, between here
    and Full Committee we hope we can work together to figure out a
    couple things. One is, how to anticipate the water census and
    all that we are going to get out of that. Second is, how to
    work with this thing about telling the Secretary to do
    something but then pulling up from that directive to say ``as
    appropriate,'' which I believe it is appropriate to pull up
    from the directive a little bit because we do want them to have
    discretion, otherwise why would you have a secretary if you
    could have a computer instead of a secretary. And so we have to
    figure out how to work that in legislation. The other thing,
    the third sort of area that I would add of concern is, you
    know, I am a commercial real estate agent, I am not in
    Congress, and sometimes I have this misfortune of having to do
    a residential closing, and the residence is for clients that
    you can't say no to so you do these residential closings and
    you end up with a stack of inane paper. The only documents that
    are important at a residential closing are the note, the
    mortgage, the title insurance policy and the survey. That is
    it. The rest of it is totally inane. Oh, I am sorry, the HUD
    one is important because it shows where the money goes. But you
    get these affidavits about why you live where you live. I mean,
    I once had an affidavit where I had to get a client to sign
    saying that they lived in South Carolina but worked in Georgia
    and so I came up with--I decided to have some fun with it and
    had a whole series of whereas's, I bear a great love and
    affection for the State of Georgia because I was born there,
    and I went through this whole series of things, sent it to the
    bank and they thought it was fine. I mean, it was all tongue
    and cheek but the point is that you get somebody to check off
    this list and it is meaningless. It is just another scrap of
    paper that is stuck in the file. We want to make--I think the
    Chairman here wants to do real serious work with this water
    stuff but we want to do in this directive to the Secretary have
    some kind of directive but also give him discretion but not end
    up with a useless piece of paper where they are checking off
    something and system-wide they are checking off this little
    piece of paper and putting this affidavit of residency in the
    file. Nobody cares about it. They didn't even look at it. They
    didn't read my silly whereas's that I put in there. You know,
    they didn't notice that I was making fun of them. And so we
    don't want that kind of setup and that is what we are--we want
    to do serious work because this is a serious issue about water
    and I know that is the Chairman's goal and we want to try to
    help get there between here and Full Committee.
        I don't have any other questions. Thank you, Mr. Chairman.
        Chairman Baird. Thank you, Mr. Inglis. I appreciate both
    the spirit and the content of the questions and I understand
    you have withdrawn the amendment.
        Is there further comment on the amendment? If no, the vote
    occurs on the amendment. Oh, right, he has withdrawn it. Thank
    you.
        If no, the vote is on the bill, H.R. 3598, as amended. All
    those in favor will say aye. All those opposed will say no. In
    the opinion of the Chair, the ayes have it.
        I recognize myself to offer a motion. I move that the
    Subcommittee favorably report H.R. 3598 as amended to the Full
    Committee. Furthermore, I move that staff be instructed to
    prepare the Subcommittee report and make necessary technical
    and conforming changes to the bill in accordance with the
    recommendations of the Subcommittee.
        The question is on the motion to report the bill favorably.
    Those in favor 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 upon the table.
    Members will have two subsequent calendar days in which to
    submit supplemental Minority or additional views on the
    measure.
        With that, I thank my colleagues for their input and the
    outstanding staff for their work on this legislation, and with
    that, this markup stands adjourned.
        [Whereupon, at 11:15 a.m., the Subcommittee was adjourned.]

                                   Appendix:

                                  ----------

            H.R. 3598, Section-by-Section Analysis, Amendment Roster

                         Section-by-Section Analysis of
                        H.R. 3598, the Energy and Water
                            Research Integration Act

    Section 1: Short Title - ``Energy and Water Research Integration Act''

    Section 2: ``Integrating Energy and Water Research'' requires that the
    Secretary of Energy recognize the link between our energy and water
    resources and integrate energy-related water issues into the
    Department's existing research, development and demonstration programs.
    As part of that authority DOE shall 1) advance technologies and
    practices that help use our energy and water resources more efficiently
    and effectively, 2) consider the effects climate change may have on our
    energy and water resources, and 3) improve the understanding of the
    energy required to provide water supplies and the water required to
    provide reliable energy supplies. The bill authorizes $60 million
    annually for this section for FY 2011-FY 2015.

    Section 3: ``Energy-Water Architecture Council'' (EWAC) directs the
    Secretary of Energy, in coordination with other relevant federal
    agencies, to establish EWAC to provide improved energy and water
    resource data collection, reporting and technological innovation. EWAC
    will be led by DOE, but include representatives from industry and
    academic institutions who have expertise in technologies and practices
    relating to the link between our energy and water resources. The bill
    authorizes $5 million annually to the Secretary of Energy for five
    years (FY 2011-2015) to carry out this section.

    XXII: PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3598, ENERGY AND
                         WATER RESEARCH INTEGRATION ACT

                                  ----------

                           WEDNESDAY, OCTOBER 7, 2009

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

        The Committee met, pursuant to call, at 10:38 a.m., in Room
    2318 of the Rayburn House Office Building, Hon. Bart Gordon
    [Chairman of the Committee] presiding.
        Chairman Gordon. Good morning, everyone. The Committee will
    come to order. Pursuant to notice, the Committee on Science and
    Technology meets to consider the following measures: H.R. 3650,
    the Harmful Algal Blooms and Hypoxia Research and Control
    Amendments Act of 2009, H.R. 3585, the Solar Technology Roadmap
    Act, and H.R. 3598, the Energy and Water Research Integration
    Act.
        First, we will consider a bill by the Subcommittee's
    Chairman, Brian Baird, and co-authored by Research and Science
    Education Ranking Member, Dr. Ehlers. H.R. 3650, the Harmful
    Algal Blooms and Hypoxia Research and Control Amendments Act of
    2009, seeks to address the devastating effects that the rapid
    overproduction of algae can have on aquatic plant and animal
    life and human health.
        The bill directs the National Oceanic and Atmospheric
    Administration to implement research strategies to better
    understand and respond to algal blooms and hypoxic events.
        Next, we will consider H.R. 3585, the Solar Technology
    Roadmap Act, authored by the Space and Aeronautics Subcommittee
    Chair, Ms. Gabrielle Giffords. This bill instructs the
    Department of Energy to coordinate with public and private
    sector entities in developing a comprehensive, updated roadmap
    for solar research, development and demonstration activities in
    the United States.
        This roadmap will be a critical tool in utilizing limited
    research dollars as effectively as possible to harness the
    truly immense solar resources we have in the United States.
        Finally, we will take up H.R. 3598, the Energy and Water
    Research Integration Act. In the last Congress, this committee
    undertook a comprehensive review of federal research and
    technology development efforts focusing in on improving
    utilization of our precious water resources. We have since held
    five hearings and passed out of the House three bills
    pertaining to this important topic.
        H.R. 3598, in which we will address the critical linkage
    between our nation's energy and water resources by directing
    the Department of Energy to better integrate water into
    existing federal energy research efforts.
        The three bills we have before us today target several
    important research needs. And as always, we appreciate the
    Minority offering a number of valuable ideas and suggestions,
    and we have worked hard to incorporate almost all of them in an
    effort to improve these bipartisan bills.
        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. Today the Committee will consider three bills
    reported last week from the Energy and Environment Subcommittee.
        First, we will consider a bill by the Subcommittee's Chairman, Dr.
    Baird, and co-authored by the Research and Science Education Ranking
    Member, Dr. Ehlers. H.R. 3650, the Harmful Algal Blooms and Hypoxia
    Research and Control Amendments Act of 2009, seeks to address the
    devastating effects that rapid overproduction of algae can have on
    aquatic plant and animal life and human health.
        The bill directs the National Oceanic and Atmospheric
    Administration to implement research strategies to better understand
    and respond to algal blooms and hypoxic events.
        Next, we will consider H.R. 3585, the Solar Technology Roadmap Act,
    authored by the Space and Aeronautics Subcommittee Chair, Ms. Gabrielle
    Giffords. This bill instructs the Department of Energy to coordinate
    with public and private sector entities in developing a comprehensive,
    updatable roadmap for solar research, development, and demonstration
    activities in the U.S.
        This roadmap will be a critical tool in utilizing limited research
    dollars as effectively as possible to harness the truly immense solar
    resources we have in the U.S.
        Finally, we will take up my bill, H.R. 3598, the Energy and Water
    Research Integration Act. In the last Congress this committee undertook
    a comprehensive review of federal research and technology development
    efforts focused on improving utilization of our precious water
    resources. We have since held five hearings and passed out of the House
    three bills pertaining to this important topic.
        With H.R. 3598 we address the critical linkage between our nation's
    energy and water resources by directing the Department of Energy to
    better integrate water into existing federal energy research efforts.
        The three bills we have before us today target several important
    research needs. As always we appreciate the Minority offering a number
    of valuable ideas and suggestions, and we have worked hard to
    incorporate almost all of them in an effort to improve these bipartisan
    bills.
        Despite this, I see that the Minority will have a number of
    amendments. While it is unfortunate these concerns could not be
    resolved before the markup I look forward to a healthy debate on the
    amendments, and supporting these bills for final passage.
        I thank you all for your attendance and participation this morning,
    and I look forward to a productive markup.
        I now recognize Mr. Hall to present his opening remarks.

        Mr. Hall. I thank you, Mr. Chairman, and today, as you have
    pointed out, we are marking up H.R. 3650, the Harmful Algal
    Blooms and Hypoxia Research and Control Amendments Act of 2009,
    H.R. 3585, the Solar Technology Roadmap Act, and H.R. 3598, the
    Energy and Water Research Integration Act. I would like to
    thank you, Mr. Chairman, and thank your staff for working with
    us, working with the Minority, working with us on these bills
    and you helped us address as much as possible our concerns.
    Unfortunately, we were not able to come to an agreement on all
    of our concerns but I realize that that can't always be the
    case. I will elaborate on these when the bills are brought up
    for amendment. We will have amendments that address those areas
    of the bills that we feel still need some attention, and
    particularly in the solar and energy and water bills. I do hope
    that the Chairman and other Members of this committee will give
    our amendments thoughtful consideration as we feel they are
    intended to improve the bills and enhance support for them.
        With that, I yield back the balance of my time.
        [The prepared statement of Mr. Hall follows:]
               Prepared Statement of Representative Ralph M. Hall
        Today, we are marking up H.R. 3650, the Harmful Algal Blooms and
    Hypoxia Research and Control Amendments Act of 2009, H.R. 3585, the
    Solar Technology Roadmap Act, and H.R. 3598, the Energy and Water
    Research Integration Act. I would like to thank you, Mr. Chairman, and
    thank your staff for working with us, working with the Minority,
    working with us on these bills and you helped us address as much as
    possible our concerns. Unfortunately, we were not able to come to an
    agreement on all of our concerns but I realize that that can't always
    be the case. I will elaborate on these when the bills are brought up
    for amendment. We will have amendments that address those areas of the
    bills that we feel still need some attention, and particularly in the
    solar and energy and water bills. I do hope that the Chairman and other
    Members of this committee will give our amendments thoughtful
    consideration as we feel they are intended to improve the bills and
    enhance support for them.

        Chairman Gordon. Members may place statements in the record
    at this point.
        [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. 3650, the Harmful Algal Blooms and
    Hypoxia Research and Control Amendments Act, H.R. 3585, the Solar
    Technology Roadmap Act, and H.R. 3598, the Energy and Water Research
    Integration Act.
        I would like to take a moment to speak about H.R. 3585, the Solar
    Technology Roadmap Act, legislation which I believe is critical in
    order to spur further research and development of solar technology.
        We're lucky in Arizona to enjoy over 300 days of sunshine. We have
    a real opportunity to brighten our state's future by investing in solar
    energy research and technology.
        As solar technology advances, I believe that Arizona will be a
    leader in clean, alternative energy production. Refocusing our energy
    production on alternative sources such as solar is critical for our
    national security and the environment.
        Moreover, investing in solar energy is vital to Arizona's economy.
        With the help of solar tax credits, Abengoa Solar and Arizona
    Public Service are developing the world's largest solar energy plant
    outside of Gila Bend. The Solana solar generating station will create
    1,500 to 2,000 jobs and provide clean, emission-free energy for 70,000
    homes. Solana is expected to ultimately spur $1 billion in economic
    development.
        H.R. 3585, the Solar Technology Roadmap Act, would take us one step
    further toward making large scale solar energy production a reality.
    Specifically, this legislation would establish a Solar Technology
    Roadmap Committee tasked with creating a Solar Technology Roadmap to
    evaluate near-term, mid-term, and long-term research, development, and
    demonstration needs in solar technology. This committee would include
    stakeholders in the solar industry to provide insights on the
    deployment of this technology.
        I urge my colleagues to support this important measure, and at this
    time, I yield back.

        Chairman Gordon. We will now consider H.R. 3598, the Energy
    and Water Research Integration Act. I recognize myself for five
    minutes to describe the bill.
        The country faces immense challenges with increased demand
    on our energy and water resources. H.R. 3598 will provide us
    with new tools to meet specific technical challenges occurring
    at the nexus of energy and water.
        The bill requires the Secretary to consider water-related
    issues in the Department's existing energy efficiency and
    energy technology research programs. It does not create a new
    program at the DOE.
        Additionally, H.R. 3598 creates an Energy Water
    Architecture Council that will facilitate the collaboration of
    industry, academia, and the Federal Government in improving
    energy and water resources, data collection, reporting, and
    technological innovation.
        This legislation is the product of recommendations from
    five Committee hearings on water, several reports from the
    national academies, the Government Accounting Office, the
    National Science Technology Council, and the Department of
    Energy.
        I encourage my colleagues on the Committee to join me in
    this effort and support H.R. 3598.
        I now recognize Mr. Hall to present any remarks to the
    bill.
        [The prepared statement of Chairman Gordon follows:]
                   Prepared Statement of Chairman Bart Gordon
        The country faces immense challenges with increased demand on our
    energy and water resources. H.R. 3598 will provide us with new tools to
    meet specific technical challenges occurring at the nexus of energy and
    water.
        The bill requires the Secretary to consider water-related issues in
    the Department's existing energy efficiency and energy technology
    research programs. It does not create a new program at the DOE.
        Additionally, H.R. 3598 creates an ``Energy-Water Architecture
    Council'' (EWAC) that will facilitate the collaboration of industry,
    academia, and the Federal Government in improving energy and water
    resource data collection, reporting, and technological innovation.
        This legislation is the product of recommendations from five
    Committee hearings on water and several reports from the National
    Academies, the Government Accountability Office, the National Science
    Technology Council, and the Department of Energy.
        I encourage all my colleagues on the Committee to join me in this
    effort and support H.R. 3598.

        Mr. Hall. Thank you, Mr. Chairman, and we agree with you.
    The energy water interaction is a very important issue that
    needs to be taken into consideration and addressed by the DOE
    and other relevant agencies. And we believe your bill is a very
    good starting point.
        However, we think there is certain parts of the bill that
    we find to be potentially overly burdensome to DOE and could do
    more harm than good. In particular, the bill as it currently is
    written and it is written in the manager's amendment, would
    place an additional energy water requirement on every energy
    research development demonstration program and project of the
    Department of Energy.
        Now, this could include the gamut of programs from fossil
    energy to ARPA-E to EERE, to name just a few. We remind, I
    guess ourselves, that we are always concerned that moving
    forward with such requirements prior to gathering the proper
    background data and information such as a comprehensive
    assessment of which programs and projects will be affected may
    lead to negative, unintended consequences. We suggest language
    that would give the Secretary discretion as to which programs
    and projects would be affected, but that was unfortunately not
    accepted.
        As well, we feel that the council is unnecessary as it is
    duplicative of other groups currently in existence. The worst
    possible scenario is us setting up a situation in which we have
    different groups developing parallel standards, data collection
    methods for the energy water interaction may be very difficult
    to combine.
        Such a task would involve some level of data manipulation,
    which could very well lead to a loss of scientific integrity of
    the findings.
        Mr. Chairman, we have worked very hard in this committee to
    avoid duplicative efforts exactly like this. I believe
    streamlining an organization is one of the main motivations for
    the National Water Research and Development Initiative Act that
    was passed on the Floor earlier this year.
        I have an amendment to this bill that could address our
    concerns while incorporating the intent of your bill, Mr.
    Chairman. As well we will have other amendments from our side
    that we hope you will consider and accept as an improvement to
    your bill.
        And with that I yield back the balance of my time.
        [The prepared statement of Mr. Hall follows:]
               Prepared Statement of Representative Ralph M. Hall
        Thank you Mr. Chairman. We agree with you that the energy/water
    intersection is an important issue that needs to be taken into
    consideration, and addressed by the DOE and other relevant agencies,
    and we believe that your bill is a good starting point. However, there
    are certain parts of your bill that we find to be potentially overly
    burdensome to the DOE and could do more harm than good. In particular,
    the bill, as it is currently written, and as it is written in the
    manager's amendment, would place an additional energy/water requirement
    on every energy research, development, and demonstration program and
    project of the Department of Energy. This could include the gamut of
    programs from Fossil Energy to ARPA-E to EERE to name just a few. We
    remain concerned that moving forward with such requirements prior to
    gathering the proper background data and information, such as a
    comprehensive assessment of which programs and projects will be
    affected, may lead to negative unintended consequences. We suggested
    language that would give the Secretary discretion as to which programs
    and projects would be affected, but that was, unfortunately, not
    accepted.
        As well, we feel that the council is unnecessary as it is
    duplicative of other groups currently in existence. The worst possible
    scenario is us setting up a situation in which we have different groups
    developing parallel standards and data collection methods for the
    energy-water interaction that may be very difficult to combine. Such a
    task would involve some level of data manipulation, which could very
    well lead to a loss of scientific integrity of the findings. Mr.
    Chairman, we have worked very hard in this committee to avoid
    duplicative efforts just like this. I believe streamlining and
    organization was one of the main motivations for the National Water
    Research and Development Initiative Act that was passed on the House
    Floor earlier this year.
        I have an amendment to this bill that could address our concerns
    while incorporating the intent of your bill, Mr. Chairman. As well, we
    will have other amendments from our side that we hope you will consider
    and accept as an improvement to your bill.
        With that I yield back the balance of my time.

        Chairman Gordon. Does anyone else wish to be recognized?
        Then I ask unanimous consent that the bill is considered as
    read and open to amendment at any point and that the Members
    proceed with amendments in the order of the roster.
        Without objection, so ordered.
        The first amendment on the roster is a Chairman's--
    manager's amendment offered by the Chair. The Clerk will report
    the amendment.
        The Clerk. Amendment to H.R. 3598, amendment number 005,
    offered by Mr. Gordon of Tennessee.
        Chairman Gordon. I ask unanimous consent to dispense with
    the reading.
        Without objection, so ordered.
        I recognize myself for five minutes to explain the
    amendment.
        The manager's amendment makes a series of changes
    throughout H.R. 3598 that are the result of good suggestions
    put forward by the Minority staff, and we thank you for those
    insightful comments.
        Section 2 of H.R. 3598 is amended to ensure that the
    Secretary of Energy minimizes wasteful spending of taxpayer
    dollars by collaborating and coordinating with other agencies
    and within the programs of the Department to avoid duplication
    of research efforts.
        The amendment makes certain that the Secretary shall not
    unnecessarily delay or disrupt programs or projects at the
    Department.
        The amendment also includes a requirement that the
    Secretary report the findings and activities of the research
    back to Congress not later than 1 year after the date of
    enactment.
        Some areas of specific technology considerations were
    clarified, including technology development of carbon capture
    and storage, the technologies that will mitigate impacts on
    water from energy resource development. This amendment
    strengthens the bill and adds the oversight necessary to ensure
    that the Department addresses the critical connection between
    energy and water.
        We thank the Minority for more than 20 suggestions that we
    have included in this amendment and underlying bill. I ask my
    colleagues to support this amendment.
        [The prepared statement of Chairman Gordon follows:]
                   Prepared Statement of Chairman Bart Gordon
        The manager's amendment makes a series of changes throughout H.R.
    3598 that are the result of good suggestions put forward by the
    Minority staff, and we thank you for those insightful comments.
        Section 2 of H.R. 3598 is amended to ensure the Secretary of Energy
    minimizes wasteful spending of taxpayer dollars by collaborating and
    coordinating with other agencies and within the programs of the
    Department to avoid duplication of research efforts.
        The amendment makes certain that the Secretary shall not
    unnecessarily delay or disrupt programs or projects of the Department.
    The amendment also includes a requirement that the Secretary report the
    findings and activities of the research back to Congress not later than
    one year after the date of enactment.
        Some areas of specific technology considerations were clarified,
    including technology development for carbon capture and storage and
    technologies that will mitigate impacts on water from energy resource
    development.
        This amendment strengthens the bill and adds the oversight
    necessary to ensure that the Department addresses the critical
    connection between energy and water. We thank the Minority for the more
    than 20 suggestions that we have included in this amendment, and in the
    underlying bill.
        I ask my colleagues to support this amendment.

        Chairman Gordon. Is there further discussion on this
    amendment?
        Mr. Hall is recognized.
        Mr. Hall. Mr. Chairman, I would like to thank you and your
    staff for your willingness to work with us on your new bill.
    You did do that, and while I am pleased with and also thank you
    for the changes that were made, I am a little disappointed that
    we couldn't work out. I would like to have had all the changes
    we asked for, but we were hoping we could work out a few more.
        In particular, one suggestion was made to add the words, as
    you remember, ``as appropriate,'' to the end of section two,
    ``in general'' statement. We felt that this was necessary in
    order to make clear that this bill is not intended to apply to
    every energy research and development demonstration program of
    the Department of Energy as it now reads. We feel that the
    Secretary should have more discretion when applying this bill
    to current and future R&D programs.
        I yield back.
        Chairman Gordon. Thank you, Mr. Hall. Just to, again, to
    point out, the Minority received I think it was in March the
    sort of an outline for this bill, and three weeks ago received
    the bill, and we had gone through a Subcommittee markup on it.
        Your amendment we did not receive until I think 4:30 last
    night, and so I think--so we did not have time to fully digest
    it. As the day has gone along, I think it is fair to say that
    the Minority, Majority staff have been able to see that we are
    in sync on many, many areas and that we want to continue to
    work with you to try to clarify that language that we both
    agree upon.
        And I think, again, you had some suggestions. We just did
    not have time to digest them, but as the day has gone along it
    appears that we do have much----
        Mr. Hall. I appreciate it, and I worked on that sucker all
    day yesterday and more this morning about 4:15. I brought it,
    directly brought it over here and hand-carried it to you.
        Chairman Gordon. Well, thank you for your promptness.
        If there is no more discussion, then 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
    by the Ranking Member, Mr. Hall. Are you ready to proceed with
    your amendment?
        Mr. Hall. I am. Mr. Chairman, I have an amendment at the
    desk.
        Chairman Gordon. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, amendment number 016,
    offered by Mr. Hall of Texas.
        Chairman Gordon. I ask unanimous consent to dispense with
    the reading.
        Without objection, so ordered.
        And I recognize the gentleman for five minutes to explain
    his amendment.
        Mr. Hall. I thank you, Mr. Chairman. I won't take--probably
    won't take the five minutes. I am actually not going to offer
    my amendment since we really haven't had a chance to discuss
    the idea before now, and I understand that.
        However, I would like the opportunity to speak on it just a
    minute or to give you the general idea and then request that we
    work together to address the concerns have--which my amendment
    attempts to alleviate, and we will have some time to do that.
        As I said earlier, the Energy Water Interaction is a very
    important issue that needs to be taken into consideration and
    addressed by the DOE and other relevant agencies. Our goal with
    this amendment was to improve upon your bill by giving the
    Secretary a little more guidance, a little more discretion, and
    maybe a little more direction on how to carry out this
    necessary research.
        Like Ms. Giffords' solar technology roadmap bill, we would
    start with a roadmap and then use its recommendations to help
    guide RD&D. This amendment would direct the Secretary to
    develop an energy water research and development roadmap to
    define research, development, demonstration, and
    commercialization efforts at DOE. The roadmap would follow the
    same guidelines laid out in the Chairman's bill and generally
    take into account the same specific considerations that are
    incorporated in the Chairman's bill.
        Additionally, the Secretary would have to lay out
    technological milestones for each of the considerations listed
    in the bill.
        The amendment also includes mutually-agreed-upon language
    that was included in the Chairman's manager's amendment on
    collaboration, utilization of information, and reporting
    requirements. After receiving the roadmap, the Secretary is
    then required to implement the findings into a way that would
    deliver the most, I guess, bang for the buck by directing RD&D
    to those programs at DOE that are identified as the most energy
    and water-intensive and that have the most potential to lessen
    fresh water withdrawal, increase water use efficiency, and
    utilize non-traditional water sources.
        We understand that the DOE has been required to submit a
    similar report to Congress under previous legislation. There
    are currently available reports from the Subcommittee on water
    availability and quality and the National Academies of Science
    on the issue. We do not see this roadmap language as intended
    to replace any work that has previously been done or to ignore
    the work that could be forthcoming but instead intend for the
    roadmap in this amendment to be an authoritative document that
    can serve as a one-stop shop for the energy water nexus
    research needs which incorporates these different reports.
        And to that end the timeless and timelines set forth by the
    roadmap in this manner would not delay implementation of the
    R&D as it mirrors the Chairman's language, which starts in
    fiscal year 2011. And the roadmap is to be developed some six
    months of an enactment.
        This amendment would also cut the five-year authorization
    from $60 million a year for five years to $30 million a year
    for five years. The electric power industry released a report
    two years ago that proposes a research and development program
    on the water energy nexus that would cost $3.75 million a year
    for 10 years. The R&D program proposed would address at least
    three of the special considerations outlined in the Chairman's
    bill and in my amendment.
        I realize that the electric power industry is not the only
    energy sector that is affected, so a comprehensive R&D program
    would be more costly for everyone than what this industry
    report calls for.
        Furthermore, I understand that the Chairman's intent may be
    to establish a program that is more aggressive than industry
    may propose on its very own. Even with all these considerations
    the authorization level included in my amendment is an order of
    magnitude much greater than the industry report. If the roadmap
    is done correctly and there truly is collaboration and
    cooperation within the Department and between federal agencies,
    the funding level of $30 million per year should be more than
    sufficient to address the needs of this bill.
        And I yield back unless somebody wants a second reading.
        [The prepared statement of Mr. Hall follows:]
               Prepared Statement of Representative Ralph M. Hall
        Thank you, Mr. Chairman. I'm actually not going to offer my
    amendment, since we really haven't had a chance to discuss the idea
    before now. However, I would like the opportunity to speak on it, to
    give you the general idea, and then request that we work together to
    address the concerns as have which my amendment attempted to alleviate.
        As I said earlier, the energy/water interaction is an important
    issue that needs to be taken into consideration, and addressed by the
    DOE and other relevant agencies. Our goal with this amendment is to
    improve upon your bill by giving the Secretary a little more guidance,
    discretion, and direction in how to carry out this necessary research.
        Like Ms. Giffords' Solar Technology Roadmap bill, we would start
    with a Roadmap and then use its recommendations to help guide RD&D.
    This amendment would direct the Secretary to develop an Energy-Water
    Research and Development Roadmap to define research, development,
    demonstration, and commercialization efforts at DOE. The Roadmap would
    follow the same guidelines laid out in the Chairman's bill and
    generally take into account the same specific considerations that are
    incorporated in the Chairman's bill. Additionally, the Secretary would
    have to lay out technical milestones for each of the considerations
    listed in the bill.
        The amendment also includes mutually agreed upon language that was
    included in the Chairman's manager's amendment on: collaboration,
    utilization of information, and reporting requirements.
        After receiving the roadmap, the Secretary is then required to
    implement the findings in such a way that would deliver the most ``bang
    for the buck'' by directing RD&D to those programs at DOE that are
    identified as the most energy and water intensive and that have the
    most potential to lessen freshwater withdrawal, increase water use
    efficiency, and utilize nontraditional water sources.
        We understand that the DOE has been required to submit a similar
    report to Congress under previous legislation, and that there are
    currently available reports from the Subcommittee on Water Availability
    and Quality and the National Academies of Science on this issue. We do
    not see this roadmap language as intending to replace any work that has
    previously been done or to ignore the work that could be forthcoming,
    but instead intend for the Roadmap in this amendment to be an
    authoritative document that can serve as a ``one-stop shop'' for the
    energy/water nexus research needs which incorporates these different
    reports. To that end, the timelines set forth for the roadmap in this
    amendment would not delay implementation of the RD&D, as it mirrors the
    Chairman's language which starts in FY 2011, and the Roadmap is to be
    developed within six months of enactment.
        This amendment would also cut the five-year authorization from $60
    million a year for five years to $30 million a year for five years. The
    electric power industry released a report two years ago that proposes a
    research and development program on the water/energy nexus that would
    cost $3.75 million a year for 10 years. The R&D program proposed would
    address at least three of the special considerations outlined in the
    Chairman's bill and in my amendment. I realize that the electric power
    industry is not the only energy sector that is affected, so a
    comprehensive R&D program would be more costly for everyone than what
    this industry report calls for. Furthermore, I understand that the
    Chairman's intent may be to establish a program that is more aggressive
    than industry may propose on its own. Even with all these
    considerations, the authorization level included in my amendment is an
    order of magnitude greater than the industry report. If the roadmap is
    done correctly, and there truly is collaboration and cooperation within
    the Department and between federal agencies, a funding level of $30
    million per year should be more than sufficient to address the needs of
    this bill.
        I yield back.

        Chairman Gordon. Thank you, Mr. Hall. As I mentioned
    earlier, the manager's amendment included 20 good suggestions
    from the Minority. I think that we are in sync on much of what
    you are talking about here. We just have not had the time to go
    through it, and as always, we will continue to work with you to
    perfect and improve this bill.
        Mr. Hall. Thank you, sir.
        Chairman Gordon. Does the gentleman wish to withdraw the
    amendment?
        Mr. Hall. I guess so.
        Chairman Gordon. Our third amendment on the roster is the
    amendment offered by the gentlelady from Pennsylvania. Ms.
    Dahlkemper, are you ready to proceed with your amendment?
        Ms. Dahlkemper. Yes, I am, Mr. Chairman. I have an
    amendment at the desk.
        Chairman Gordon. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, amendment number 003,
    offered by Ms. Dahlkemper of Pennsylvania.
        Chairman Gordon. I ask unanimous consent to dispense with
    the reading.
        Without objection, so ordered.
        I recognize the gentlelady for five minutes to explain the
    amendment.
        Ms. Dahlkemper. Thank you, Chairman Gordon, Ranking Member
    Hall, and fellow Members.
        H.R. 3598, the Energy and Water Research Integration Act,
    is a very timely bill which takes strong steps to see that we
    make better use of both our energy resources and our water
    resources. It does so by coordinating our efforts to consider
    the use of water when we produce energy, as well as the energy
    demands of supplying water. I applaud Chairman Gordon for his
    leadership in this important initiative and once again, dealing
    with the important and challenging topic of water resource
    planning.
        I believe conservation of water and energy are
    complimentary components of any plan to ensure that both are
    available in adequate supply to our nation's households and
    businesses. Clearly, we cannot afford to waste either.
        My amendment requests the Secretary of Energy, when
    carrying out energy research, development, and demonstration
    projects to consider increases in energy efficiency of water
    distribution and collection systems and to consider
    technologies for energy generation from water distribution and
    collection systems as appropriate.
        Thank you, and I yield back the remainder of my time.
        Chairman Gordon. Thank you, Ms. Dahlkemper. More
    importantly thank you for--this is a very good amendment to
    this bill, and we are killing two birds with one stone. Thank
    you.
        Does anyone else wish to be recognized?
        If there is no further----
        Mr. Hall. Chairman.
        Chairman Gordon. Mr. Hall is recognized.
        Mr. Hall. And I thank you. I commend my colleague on her
    work on this bill, however, I am not certain I am interpreting
    the gentlelady's amendment correctly, and I may have a question
    or so to ask.
        The first provision would increase the energy efficiency of
    water distribution and collection systems and--is my time up?
        Chairman Gordon. No, sir.
        Mr. Hall. I will ask you this question. Does this mean that
    the Department of Energy is meant to do R&D on water
    distribution and collection systems?
        Ms. Dahlkemper. It means that they are going to look at
    this as one of the parameters that is going to be considered as
    this goes forward when they are, you know, incorporated as
    appropriate for the project.
        Mr. Hall. And do you feel that this is within their
    purview?
        Ms. Dahlkemper. Yes, I do.
        Mr. Hall. Are you currently doing--are they currently doing
    any R&D in this area? If you know.
        Ms. Dahlkemper. I am not exactly sure what they are doing
    in this area. I am just saying that needs to be----
        Mr. Hall. Okay.
        Ms. Dahlkemper. --something they look at as they go
    forward.
        Mr. Hall. Yeah, and I think that is reasonable, and I thank
    you for that.
        The second provision would require the Secretary to
    consider technologies for energy generation from water
    distribution and collection systems.
        Ms. Dahlkemper. Uh-huh.
        Mr. Hall. The way I am reading it it sounds like you are
    describing putting turbines into the sewage system and getting
    energy out of it. Is this correct? Is that correct?
        Ms. Dahlkemper. Well, I think that is one of the new
    technologies that could be looked at, and that is what I am
    saying. It should be considered that we might allow water
    systems to actually generate renewable electricity from normal
    water and waste water pipelines.
        Mr. Hall. What are the implications you ran into of putting
    turbines inside highly-pressurized, enclosed pipe systems? I
    know you did a study or had a study done on it.
        Ms. Dahlkemper. I had a study done?
        Mr. Hall. Someone did that gave you the information to
    write the bill from.
        Ms. Dahlkemper. Well----
        Mr. Hall. We line people up in those chairs out there, you
    know.
        Ms. Dahlkemper. Sure. Sure. Well, I know that there is am
    application being used on inline turbine generated energy from
    hydropower, moving water, and this is the type, I think----
        Chairman Gordon. Would staff like to add some additional
    information to this question?
        Counsel. Could you just clarify it? Are you asking about
    what companies are already doing this?
        Mr. Hall. No. Just what problems are putting turbines--it
    seems to me----
        Ms. Dahlkemper. What problems there are.
        Mr. Hall. --there would be problems inside those highly-
    pressurized, enclosed pipe systems.
        Counsel. That is exactly why the research is needed to look
    at this technology and see what is going to be the effects of
    it.
        Mr. Hall. That is a good answer.
        Mr. Bartlett. Would the gentleman yield?
        Mr. Hall. About as good an answer as I--well, sure.
        Mr. Bartlett. Would the gentleman yield?
        Mr. Hall. I don't want to, but I will.
        Mr. Bartlett. Okay. Thank you. I would just like to ask if
    this sewage is in the pipes under pressure because it is being
    pumped?
        Counsel. The company that this technology is being looked
    at--the company right now that is looking at this technology
    both pumps waste water as well as other kinds of water. So
    right now they are looking to see what would be the impacts of
    that.
        Mr. Bartlett. If this water is running downhill, you will
    get some energy from it. If you are putting this in a pipe that
    is being pressurized by a pump, you ain't going to get no
    energy because whatever--you will lose energy because the
    energy you will get from that is going to be less than the
    energy--this is the second law of thermo-dynamics, which you
    will not violate.
        So unless this stuff is running downhill, you are not going
    to get any energy from this. Just putting it in a pressurized
    pipe that is being pumped by a pump, you are going to have to
    put a whole lot bigger pump on the other end, which is going to
    consumer more energy than you are going to get out of your
    little turbine in the flow. Am I wrong?
        Counsel. Not--I don't believe so, not in that example. No.
        Mr. Bartlett. Then you could only use sewage that is
    running downhill. Is that my understanding?
        Counsel. That is why the research is needed. Yes.
        Mr. Bartlett. Okay. Thank you.
        Mr. Hall. Do I still have the time?
        Chairman Gordon. Yes, sir, Mr. Hall.
        Mr. Hall. I don't know how we could hardly make it run
    uphill. Would the gentlelady be amenable to one thing? That is
    providing a little further clarification in report language?
    You will have a chance to do that, and we all get help----
        Ms. Dahlkemper. I would be glad to. I just think we need to
    study, you know, where we have a potential resource.
        Mr. Hall. Ensure that others don't misinterpret.
        Ms. Dahlkemper. If we have it well-evaluated, and that is
    what the purpose of this is, too, to evaluate this to really
    see if there is a potential.
        Mr. Hall. I think that would help my questions on it, and I
    appreciate it, and I thank you. I yield back.
        Chairman Gordon. Is there further discussion on the
    amendment?
        If no, the vote occurs on the amendment. All in favor, say
    aye. Oppose, no. The ayes have it. The amendment is agreed
    upon.
        I understand that, Mr. Smith, you are going to combine
    amendment four and five.
        Mr. Smith of Nebraska. With unanimous consent I do request
    that they be considered en bloc.
        Chairman Gordon. Without objection, the Clerk report the
    amendments.
        The Clerk. Mr. Chairman, these are en bloc amendments by
    Mr. Smith of Nebraska on amendment on H.R. 3598, amendment
    number 006 and 007.
        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
    amendments.
        Mr. Smith of Nebraska. Thank you, Mr. Chairman. I will try
    to make this quick.
        These amendments I am offering today are very
    straightforward clarifications. One clarifies the bill should
    not be the basis for any new federal regulations regarding
    State, local, or tribal use of water. The other states this
    bill shall not be used to increase the financial burden on
    State, local, and tribal governments by restricting their water
    use.
        The purpose of this legislation is to ensure water and
    energy usage are considered in existing DOE research programs
    and support research furthering the continuing availability of
    both water and energy. These are certainly laudable goals.
        Unfortunately, the bill makes three references which could
    be construed to lead to more regulations.
        One, the modeling of issues relating to energy required to
    provide water supplies, another, the interagency collaboration
    section which may impact the Bureau of Reclamation and its
    customers, and the third one, the Energy Water Architecture
    Council, which is charged with developing data collection
    standards and protocols for the energy required to provide
    water supplies.
        My amendments ensure the legislation accomplishes only its
    stated intent and cannot be read to restrict the use of water
    or energy by State and local governments. Any regulatory
    reading could contradict the existing jurisdiction and
    oversight of local stakeholders.
        As a Representative of a District which leads in two water
    energy-intensive industries, agriculture and biofuels, and
    where water quantity is problematic, I am very sensitive to
    these issues. I appreciate the Chairman and my fellow Committee
    Members for sharing the concerns, those concerns, and believe
    if the intent of this bill is to simply improve data
    collection, then certainly there should be no concern with this
    amendment.
        Thank you, and I yield back the balance of my time.
        [The prepared statement of Mr. Smith follows:]
               Prepared Statement of Representative Adrian Smith
        Mr. Chairman, I ask unanimous consent for my two amendments to be
    considered en bloc.

    Mr. Chairman and Members of the Committee,

        The two amendments I am offering today are simple, good government
    clarifications to the bill. One clarifies this bill should not be the
    basis for any new federal regulations regarding State, local, or tribal
    use of water. The other states this bill shall not be used to increase
    the financial burden on State, local, or tribal governments by
    restricting their water use.
        The purpose of this legislation is to ensure water and energy usage
    are considered in existing Department of Energy research programs and
    support research furthering the continued availability of both water
    and energy. These are laudable goals.
        Unfortunately, this bill makes three references which could be
    construed to lead to more regulations:

              ``modeling of issues relating to the energy required
            to provide water supplies'';

              The ``Interagency Collaboration'' section, which may
            impact the Bureau of Reclamation and its customers; and

              The Energy-Water Architecture Council, which is
            charged with developing ``data collection standards and
            protocols for the energy required to provide water supplies.''

        My amendments ensure this legislation accomplishes only its stated
    intent, and cannot be read to restrict the use of water or energy by
    State and local governments. Any regulatory reading could contradict
    the existing jurisdiction and oversight of local stakeholders.
        As the Representative of a District which leads in two water and
    energy intensive industries--agriculture and biofuels--and where water
    quantity is problematic, I am very sensitive to these issues. I
    appreciate the Chairman and my fellow Committee Members for sharing
    those concerns, and believe if the intent of this bill is to simply
    improve data collection, then my colleagues should have no problems
    with adopting this amendment.
        Thank you, Mr. Chairman. I yield back the balance of my time.

        Chairman Gordon. Mr. Smith, it is my understanding that our
    staffs have collaborated and that there is maybe some language
    tweaking that needs to be done, and if you are in agreement
    with that, then we would gladly accept your amendments.
        Mr. Smith of Nebraska. Thank you very much.
        Chairman Gordon. If there is no further discussion----
        Mr. Hall. Mr. Chairman.
        Chairman Gordon. Mr. Hall is recognized.
        Mr. Hall. I have no further questions.
        Chairman Gordon. Then the vote occurs on the amendment. All
    in favor, say aye. Opposed, no. The ayes have it. The amendment
    is agreed to.
        The sixth amendment on the roster is an amendment offered
    by the gentlelady from Texas, Ms. Johnson. Are you ready to
    proceed with your amendment?
        Ms. Johnson. Thank you, Mr. Chairman. I have an amendment
    at the desk.
        Chairman Gordon. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, offered by Ms. Eddie
    Bernice Johnson of Texas, amendment number 087.
        Chairman Gordon. I ask unanimous consent to dispense with
    the reading.
        Without objection, so ordered.
        I recognize the gentlelady for five minutes to explain the
    amendment.
        Ms. Johnson. Thank you very much, Mr. Chairman, and Ranking
    Member, for considering this amendment.
        The amendment to H.R. 3598 addresses the section called
    ``Specific Considerations.'' This part of the bill provides
    specific items for the research program that the Secretary of
    Energy should consider supporting.
        For example, new advanced cooling technologies for energy
    generation are listed. Technologies that are life cycle cost
    effective are also listed.
        My amendment would state that a specific consideration
    should also include technologies to treat and utilize produced
    waters discharged from oil, natural gas, coal bed methane, and
    mining activities.
        Texas is a state that is rich in natural gas resources, and
    I would like to ensure that research supported by this program
    would also include water that may be used during the
    exploration and mining for natural gas. As you know, I chair
    the Subcommittee on Water Resource and Environment on the
    Transportation and Infrastructure Committee, and research on
    water and energy production is an issue focus of mine. I am
    glad to see this committee's interest in energy and water, and
    I believe that H.R. 3598 will enable the Department of Energy
    to support some vital areas of research.
        Again, my amendment would only add that initial
    consideration, which would include technologies to utilize,
    produce waters that are discharged from natural gas mining
    activities, and I want to thank Chairman Gordon and Ranking
    Member Hall for considering my amendment. I urge its passage
    and yield back the balance of my time.
        [The prepared statement of Ms. Johnson follows:]
           Prepared Statement of Representative Eddie Bernice Johnson
        Thank you, Mr. Chairman and Ranking Member, for considering this
    amendment.
        The amendment to H.R. 3598 addresses the section called, ``Specific
    Considerations.''
        This part of the bill provides specific items for the research
    program that the Secretary of Energy should consider supporting.
        For example, new advanced cooling technologies for energy
    generation are listed.
        Technologies that are life cycle cost effective are also listed.
        My amendment would add an additional Specific Consideration:
    technologies that minimize impacts to the natural environment.
        Protection of our natural resources is critically important,
    especially in the context of energy generation.
        When we do not plan carefully for deployment of large-scale energy
    generation systems where water is involved, we can see devastating
    environmental impacts.
        Not long ago, I visited the place in Tennessee where the coal ash
    spill occurred.
        It will take many years before that beautiful area is restored.
        Mr. Chairman, you know that I am the Chair of the Environment and
    Water Resources Subcommittee of the Committee on Transportation and
    Infrastructure.
        Research on water and energy production is an issue focus of mine.
        I am very glad to see this committee's interest in these issues,
    and I believe that H.R. 3598 will open research funds at the Department
    of Energy to some vital areas of research.
        Again, my amendment would add that the technologies that are
    researched and developed, as part of this program, would minimize
    environmental harms.
        I want to again thank Chairman Gordon and Ranking Member Hall for
    considering my amendment.
        I urge its passage and yield back the balance of my time.

        Chairman Gordon. Is there further discussion on the
    amendment?
        Mr. Hall. Mr. Chairman, we think it is a good amendment. We
    support it.
        Chairman Gordon. If there is no further discussion on the
    amendment, then the vote occurs on the amendment. All in favor,
    say aye. Opposed, no. The ayes have it. The amendment is agreed
    to.
        If Mr. Broun is prepared, we are going to temporarily skip
    over amendment seven and go to amendment eight.
        Mr. Broun. Thank you, Mr. Chairman. I have an amendment at
    the desk.
        Chairman Gordon. The Clerk will report the amendment.
        The Clerk. Amendment to H.R. 3598, offered by Mr. Broun of
    Georgia, amendment number 142.
        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. Broun. Mr. Chairman, thank you for the time and
    consideration of my amendment. In my home District I would like
    to say we have three main issues; water, water, and water. Up
    until the recent flooding that Georgia experienced, my home
    state and most of the southeast was experiencing what most
    people would kindly call a prolonged drought. In fact, some
    even call it a century-long drought.
        The Savannah River, which runs all along the eastern border
    of my District in the State of Georgia, is not only a key
    economic driver for the region as the Chairman can attest, but
    is the lynchpin around which entire cities are based. And I
    know that Georgia is not alone in our constant struggle with
    the usage and protection of our water resources.
        Just about every state from Florida to California and
    Arizona to Maine has dealt and is dealing with their very own
    local and regional water issues. It is because water is a vital
    and ever-increasing role in our country, including in our
    energy production, which is what this legislation is designed
    to address.
        I am asking the Committee to incorporate my amendment.
    Earlier this year this Congress passed the Omnibus Public Land
    Management Act. Among the many provisions and protections
    included in this legislation was the National Water
    Availability and Use Assessment Program. This program tasks the
    United States Geological Survey with assessing the availability
    and use of the Nation's water resources. This study would help
    us gain a clearer understanding of the status of our water
    resources and the land use, water use, and natural climatic
    trends that affect them.
        The goal of this program is to improve our ability to
    forecast water availability for future economic and
    environmental uses. Simply put the assessment will help
    characterize how much water we have now, how water availability
    is changing, and how much water we can expect to have in the
    future.
        The amendment that I have offered would delay the
    implementation of section two of the underlying bill until the
    USGS has completed their study and reported back to Congress
    their findings. The findings to be brought forward in this
    study will give the Secretary of Energy a well-defined,
    narrowly-focused template to carry out section two of H.R.
    3598.
        Mr. Chairman, I strongly believe that water is one our
    greatest resources, and we should do all that we can to utilize
    it when possible but guard against waste and abuse at all
    times. It is my hope that the pending USGS study will set out a
    pathway to help us accomplish those goals, and my amendment
    asks this committee to delay any new water-based energy
    research and development studies until this report has been
    submitted to Congress.
        Thank you, Mr. Chairman, and I yield back the balance of my
    time.
        [The prepared statement of Mr. Broun follows:]
               Prepared Statement of Representative Paul C. Broun
        Mr. Chairman, again thank you for the time and consideration of my
    amendment.
        In my home District, I like to say we have three main issues:
    water, water and water.
        Up until the recent flooding that Georgia experienced, my home
    state and most of the southeast, was experiencing what most people
    would kindly call a prolonged drought.
        The Savannah River, which runs all along the eastern border of my
    District and the State of Georgia, is not only a key economic driver
    for the region, as the Chairman can attest, but it is the lynchpin
    around which entire cities are based.
        And I know that Georgia is not alone in our constant struggle with
    the usage and protection of our water resources.
        Just about every state from Florida to California, and Arizona to
    Maine has dealt and is dealing with their very own, local and regional
    water issues.
        And it is because water's vital and ever increasing role in our
    country, including in our energy production which is what this
    legislation is designed to address, I am asking the Committee to
    incorporate my amendment.
        Earlier this year, this Congress passed the Omnibus Public Land
    Management Act.
        Among the many provisions and protections included in this
    legislation, was the National Water Availability and Use Assessment
    Program.
        This program tasked the United States Geological Survey with
    assessing the availability and use of the Nation's water resources.
        This study would help us gain a clearer understanding of the status
    of our water resources and the land-use, water-use, and natural
    climatic trends that affect them.
        The goal of this program is to improve our ability to forecast
    water availability for future economic and environmental uses.
        Simply put, the assessment will help characterize how much water we
    have now, how water availability is changing, and how much water we can
    expect to have in the future.
        The amendment I have offered would delay the implementation of
    Section 2 of the underlying bill until the USGA has completed their
    study and reported back to Congress their findings.
        The findings to be brought forward in this study will give the
    Secretary of Energy of well-defined, narrowly focused template to carry
    out Section 2 of H.R. 3598.
        Mr. Chairman, I strongly believe that water is one of our greatest
    resources and we should do all we can to utilize it when possible, but
    guard it against waste and abuse at all times.
        It is my hope that the pending USGA study will set out a pathway to
    help us accomplish those goals, and my amendment asks this committee to
    delay any new water-based energy research and development studies until
    this report has been submitted to Congress.
        Thank you Mr. Chairman, and I yield back the balance of my time.

        Mr. Baird. [Presiding] I thank the gentleman. Are there
    other Members on our side that wish to be recognized?
        If not, I will recognize myself briefly for a response on
    behalf of Chairman Gordon. The gentleman's point is important.
    Certainly we need to understand the availability of various
    water resources, and there are studies underway, but it doesn't
    necessarily mean that we have to wait for those studies before
    we can move forward with this legislation.
        There is ample information now about volumes of water that
    are available. There is an urgent need because just some of the
    numbers of some of the major energy projects whether they are
    certain solar projects or carbon sequestration, et cetera, we
    need, I think, to move this legislation forward rather than
    waiting because we are using that water right now, and the more
    we wait, the more water is getting used, and I think we can
    move forward with both.
        So I would respectfully urge defeat of this amendment.
        Mr. Hall looks like he has something to offer, and I will
    recognize Mr. Hall for five minutes.
        Mr. Hall. I agree with the Chairman, and I yield back.
        Mr. Baird. Are there others wishing to comment on this?
        If no, the vote occurs on the amendment. All those in favor
    will say, aye. Those opposed, no. In the opinion of the Chair
    the no's have it. The no's have it.
        We will go back to the seventh amendment now on the roster,
    an amendment offered by the gentlelady from Illinois, Ms.
    Biggert. Ms. Biggert, are you ready to proceed with your
    amendment?
        Ms. Biggert. Yes, I am. I have an amendment at the desk.
        Mr. Baird. The Clerk will report the amendment, please.
        The Clerk. Amendment to H.R. 3598, offered by Ms. Biggert
    of Illinois, amendment number 009.
        Mr. Baird. I ask unanimous consent to dispense with the
    reading.
        Without objection, so ordered.
        I recognize the gentlelady for five minutes to explain the
    amendment.
        Ms. Biggert. Thank you, Mr. Chairman. My amendment would
    strike the Energy Water Architecture Council in section three
    of this bill.
        While the concept is a laudable goal, it seems to me that
    it duplicates work done by other federal departments, agencies,
    and the private sector. The other bodies were created under
    prior statutes including the Secure Water Act and are working
    on these issues and DOE already participates in such group
    efforts.
        In fact, we found over 30 groups involved in water research
    ranging from State, regional, and privately-coordinate
    entities. The need for a new council isn't necessary when the
    infrastructure already exists. Section 2C of the text
    specifically calls for interagency collaboration at the
    direction of the Secretary. I think that that serves as a
    better foundation from which the same goals could be achieved
    but without the extra layer of bureaucracy.
        I support your efforts, you know, to better coordinate and
    plan for water use and availability in the energy sector
    through H.R. 3598, but I am not sure that another energy water
    research group is the best use of the scarce research dollars
    that we have.
        And I would urge support for my amendment and yield back.
        [The prepared statement of Ms. Biggert follows:]
               Prepared Statement of Representative Judy Biggert
        Mr. Chairman, my amendment would strike the Energy-Water
    Architecture Council in Section 3 of this bill.
        While the concept is a laudable goal, it seems to duplicate work by
    other federal departments, agencies and the private sector.
        It seems that other bodies created under prior statutes, including
    the Secure Water Act, are working on these issues and DOE already
    participates in such group efforts.
        In fact, we found over 30 groups involved in water research--
    ranging from State, regional and privately coordinated entities.
        The need for a new council isn't necessary when the infrastructure
    already exists. Section 2-C of the text specifically calls for
    interagency collaboration at the direction of the Secretary. I think
    that serves as a better foundation from which the same goals could be
    achieved--but without the extra layer of bureaucracy.
        Mr. Chairman, I support your efforts to better coordinate and plan
    for water use and availability in the energy sector through H.R. 3598.
    But I'm not sure another energy-water research group is the best use of
    scarce resource dollars.
        Thank you.

        Mr. Baird. I thank the gentlelady. Are there Members on our
    side wishing to comment?
        If not, I will recognize myself for five minutes. Ms.
    Biggert, I appreciate the concern about duplication of effort.
    I think it is something we all share, however, in hearings on
    this topic we heard from a number of agencies and witnesses
    suggesting that the precise function of this bill and this
    section of the bill looking at this nexus between energy and
    water is not duplicated currently by other agencies or other
    studies to our knowledge in vis-a-vis that nexus per se.
        And as such while the general principle of trying to avoid
    duplication makes sense, we don't believe that is applicable in
    this particular case and hence, with regret I would urge defeat
    of the amendment.
        Mr. Hall I think had wanted to clarify his position on the
    prior amendment. Mr. Broun, you will want--I apparently had
    baffled my colleague with my eloquent rhetoric, and he believed
    he was supporting something he wasn't supporting. So I will
    give him a chance to clarify.
        Mr. Hall. Yeah. Thank you, Mr. Chairman. I don't know if I
    ought to move to reconsider the vote which the vote was taken
    and then support to Mr.--Dr. Broun. You bragged on him up until
    the last three words.
        Mr. Baird. That was my strategy.
        Mr. Hall. And I didn't----
        Mr. Baird. I learned it from a Texan.
        Mr. Hall. --I wasn't properly listening. I support Dr.
    Broun on this and almost any amendment he has, and I thank you
    for your fairness. Thank you.
        Mr. Baird. Mr. Broun.
        Mr. Broun. Mr. Chairman, I just--Mr. Hall and I are--have--
    I have the utmost respect for Mr. Hall, and he and I never are
    going to have any problems, even if we disagree on something.
    We will be very--I will still have respect for him, and I
    appreciate him bringing that forward and clarifying that----
        Mr. Baird. In this case he agreed with you.
        Mr. Broun. --just for the record. Yes, he did. So--but
    thank you, Mr. Hall, and thank you, Mr. Chairman.
        Ms. Biggert. Mr. Chairman, would you yield?
        Mr. Baird. I actually think Mr. Hall has the time, so he
    would yield to you, but he also wants to speak to Mr.--to this
    amendment as well. So, Mr. Hall controls the time here.
        Mr. Hall. Mr. Chairman, I think this amendment will remove
    the Energy Water Architecture Council from the bill, and this
    council is redundant of other groups from, I guess from doing
    the same work in developing standards and data collection
    methods.
        This type of duplication is what this committee has been
    trying to eliminate in almost every bill we move through here.
    Keeping the council in the bill would contradict almost
    everything we have been working so hard to avoid. I urge my
    colleagues to support this amendment to strike this section,
    and I yield to Ms. Biggert.
        Ms. Biggert. Biggert.
        Mr. Hall. Yes, ma'am.
        Ms. Biggert. Thank you, Mr. Ranking Member Hall. I would
    just like to actually ask unanimous consent to submit for the
    record the existing water research programs of which is three
    pages with the 30 that I talked about.
        Mr. Baird. Without objection.
        [The information follows:]
                        Existing Water Research Programs

              State Water Resources Research Institute Program--
            Plans, facilitates, and conducts research to aid in the
            resolution of State and regional water problems. Promotes
            technology transfer and the dissemination and application of
            research results. Provides for the training of scientists and
            engineers through their participation in research. Provides for
            competitive grants to be awarded under the Water Resources
            Research Act.

              Water and Energy Technology Team (WETT) at Lawrence
            Berkeley National Laboratory encompasses efforts to: Better
            understand the fundamental science, applied technology, and
            economics of the water/energy nexus, focusing on the
            interaction between human and natural systems; Develop new
            technologies, practices, and approaches for working with key
            players involved throughout the water/energy interrelationship;
            In an integrated and comprehensive manner, compare the
            technical feasibility and economic efficiency of newly
            developing technologies, practices, and policies to existing
            ones; and Optimize and test new technologies, practices, and
            policies that promote water and energy sustainability.

              Ground Water Protection Council--Forum held on water/
            energy sustainability in conjunction with its 2009 Annual
            Forum. Co-sponsored by the U.S. Department of Energy.

              Water Information Coordination Program (WICP)--
            Ensures collaborative efforts among federal agencies to improve
            water information for decision making about natural resources
            management and environmental protection.

              Universities Council on Water Resources (UCOWR)--
            Facilitates water-related education at all levels in order to
            promote meaningful research and technology transfer on
            contemporary and emerging water resources issues, compile and
            disseminate information on water problems and solutions, and
            inform the public about water issues with the objective of
            promoting informed decisions at all levels of society. UCOWR
            holds an annual conference that provides a forum to explore key
            and timely topics of interest to water resources researchers
            and educators.

              American Water Works Association (AWWA)--AWWA is
            entering into a partnering agreement with the WaterSmart
            Innovations conference and plans to co-sponsor the 2009 event
            scheduled for October 7-9, 2009.

              Cooperative Water Program--the primary federal
            science agency for water-resource information. USGS monitors
            the quantity and quality of water in the Nation's rivers and
            aquifers, assesses the sources and fate of contaminants in
            aquatic systems, develops tools to improve the application of
            hydrologic information, and ensures that its information and
            tools are available to all potential users.

              National Streamflow Information Program--Provides
            stream flow information and understanding required to meet
            local, State, regional, and national needs.

              Groundwater Resources Program--Provides the objective
            scientific information and develops the interdisciplinary
            understanding necessary to assess and quantify the availability
            of the Nation's groundwater resources.

              Hydrologic Research and Development (HRD) Program--
            Provides the primary support for the National Research Program
            in the hydrologic sciences and for the Water, Energy, and
            Biogeochemical Budgets program.

              Water Environment Federation--A not-for-profit
            association that provides technical education and training for
            thousands of water quality professionals who clean water and
            return it safely to the environment. WEF events include
            conferences, webcasts, and seminars.

              UCSB Forum on Energy and Water Sustainability--
            Western Forum on Energy & Water Sustainability will bring
            together policy-makers, researchers, energy and water
            utilities, as well as other important stakeholders, to generate
            a dialogue that can provide a pathway for concrete solutions:
            technical, economic, social and political. Topics include
            Technological solutions to increase water use efficiency:
            state-of-the-art solutions that can be implemented today, or in
            the near- or long-term provided there are breakthroughs in
            technology or policies that support their development.

              National Water-Quality Assessment Program (NWQA)--
            Provides an understanding of water-quality conditions; whether
            conditions are getting better or worse over time; and how
            natural features and human activities affect those conditions.

              U.S. Department of Agricultural--Natural Resources
            and Conservation Services--NRCS West National Technology
            Support Center hosts a team of technical specialists that cover
            a broad range of water quality and quantity issues.

              Southern Regional Water Program--Prioritized current
            water quality needs and established multi-state implementation
            teams to address seven major Focus Areas.

              Pacific Northwest Regional Water Program

              WaterEnergy--A reseller for water treatment and
            energy conservation solutions.

              Toxic Substances Hydrology Program--Provides
            objective scientific information on environmental contamination
            to improve characterization and management of contaminated
            sites, to protect human and environmental health, and to reduce
            potential future contamination problems.

              Water Research Foundation--An international, non-
            profit organization that sponsors research to enable water
            utilities, public health agencies, and other professionals to
            provide safe and affordable drinking water.

              National Water Research Institute--Sponsors projects
            and programs focused on ensuring safe, reliable sources of
            water now and for future generations.

    State

              Texas Commission on Environmental Quality (TCEQ)

              Texas Environmental Flows Science Advisory
            Committee--Serves as an objective scientific body to advise and
            make recommendations to the Environmental Flows Advisory Group
            on issues relating to the science of environmental flow
            protection and develop recommendations to help provide overall
            direction, coordination, and consistency.

              University of Arizona's Department of Civil
            Engineering and Engineering Mechanics were recently awarded a
            $2 million grant from the National Science Foundation to
            research energy water reuse and supply systems.

              Sandia National Lab, Energy-Water Nexus in Michigan

              Santa Clara Valley Water District, California--Hosted
            the Department of Water Resources Energy Workshop to help Bay
            Area water and wastewater agencies identify opportunities for
            saving energy without impeding water service to customers.

              Texas A&M University in Qatar has recently
            established a major program called the Qatar Sustainable Water
            and Energy Utilization (QWE). The program will establish a
            center of scientific and technical excellence dedicated to
            support Qatar in addressing pressing water and energy problems.

              Water Information Program provides water information
            to the communities of Southwest Colorado.

              Colorado Energy Research Institute of the CO School
            of Mines--Maintains liaison with the state to identify
            important regional energy and energy-related minerals problems,
            including their relationship to the use of the waters of the
            states.

              Connecticut--the Office of Policy and Management--
            Prepares state-wide or inter-regional plans for the physical,
            social, and economic development of the state. The plan may
            include land use and water considerations and as well as energy
            capabilities and requirements.

              California--The Nevada County Water Agency--Contracts
            with the U.S., State of CA, any municipality, district, public
            or private corporation, or any person in the sale or
            acquisition of water for the purpose of conserving and
            transporting waters for beneficial uses and purposes, including
            the generation of electric energy.

              West Virginia--Creates the Division of Energy as a
            State agency under the Department of Commerce. The division
            holds public hearings and meetings to receive input regarding
            proposed energy policies and development plans that address
            efficiency of energy use, traditional and alternative energy,
            water as a resource and a component of energy production,
            energy distribution systems, the sighting of energy facilities,
            the increased development and production of new and existing
            domestic energy sources, increased awareness of energy use on
            the environment and the economy, energy infrastructure, the
            development and implementation of renewable, clean, technically
            innovative and advanced energy projects.

              Institute of Water Research (IWR) at Michigan State
            University--Provides timely information for addressing
            contemporary land and water resource issues through coordinated
            multi-disciplinary efforts using advanced information and
            networking systems.

              Florida--Department of Environmental Protection, The
            Office of Water Policy--The office addresses statewide water
            management issues in coordination with the water management
            districts and other agencies. Examples include water plans for
            the DEP and water management districts, minimum flows and
            levels for the state's water resources, and regional water
            supply planning.

              California Sustainability Alliance, Water Energy
            Committee--Evaluates the potential energy, water, and carbon
            and other societal benefits that could be achieved by
            displacing higher energy water supplies in Southern California
            with local recycled water supplies.

        Ms. Biggert. Thank you.
        Mr. Hall. I yield back my time.
        Mr. Baird. Thank you. Are there any others wishing to
    comment on the amendment?
        If no, the vote occurs on the amendment. All those in
    favor, say aye. Those opposed, no. In the opinion of the Chair
    the no's have it. The no's have it.
        Are there any other amendments?
        If no, then the vote occurs on the bill.
        Mr. Bilbray. Mr. Chairman.
        Mr. Baird. Mr. Bilbray it sounds like.
        Mr. Bilbray. While the Chairman isn't here, I figured I
    would compliment him for----
        Mr. Baird. Would someone get the Chairman?
        Mr. Bilbray. I just don't--I don't want us to go by this
    bill without pointing out that one of the things this bill does
    well, it ties energy and water supply together. Too often they
    are divided, and I just hope those of us that always talk about
    water remember that we always talk about the liquid stuff, but
    in reality if we are going to have safe drinking water, it is
    more important to have clean, cost-effective electricity than
    to have fresh water available, you know, in a natural form. The
    fact is if you do not have clean, inexpensive electricity, you
    can't either transport that water that you have or you can't
    create it locally.
        And so this nexus of tying the two together is absolutely
    essential, and I hope to see that this comes out, and we talk
    about the way we can use different technologies, but a great
    example is the fact that in San Diego we are pumping massive
    amounts of water from 500 miles away, though we have just now
    rebuilt our nuclear power plant in San Onofre, nobody even
    thinks about why we don't go to peak production with a zero
    emission technology like nuclear. We are on off--because they
    said, well, what are you going to do with the power with off
    peak?
        What we could do is deceleration and eliminate all of the
    impact of pumping and transporting and digging the canals, but
    no one is taking the two and sticking them together, and I
    think this technology can do that. This technology can go
    beyond that and look at things like the fact of why are we
    using fresh water to sequester and carbon footprints when we
    got the algae technology that can grow in saltwater and be able
    to sequester the emissions from our power plants or from other
    locations.
        So by putting these two things together I think is really a
    great step, and I hope every time somebody in this committee
    talks about water, we always remember, but where is going to be
    the clean, inexpensive electricity to be able to pump the water
    and create the water, and I think this committee will help do
    it.
        Thank you very much, Mr. Chairman.
        Mr. Baird. Point well taken, and of course, the bill works
    in the opposite direction as well. As we look for alternative
    energy sources we need to look at the water impacts of those
    sources. And so I think the gentleman's points are well taken.
        Any other comments?
        If not then, the--did we actually have the vote? The vote
    occurs on the bill, H.R. 3598, as amended. All those in favor
    will say, aye. All those opposed, no. In the opinion of the
    Chair the ayes have it.
        I recognize Mr. Tonko to offer a motion.
        Mr. Tonko. Yes. Mr. Chair, I move that the Committee
    favorably report H.R. 3598 as amended to the House with the
    recommendation that the bill do pass. Furthermore, I move that
    the staff be instructed to prepare the legislative report and
    make necessary technical and conforming changes and that the
    Chair take all necessary steps to bring the bill before the
    House for consideration.
        Mr. Baird. Thank you, Mr. Tonko. The question is now 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 upon
    the table. Members will have two subsequent calendar days in
    which to submit supplemental, Minority, or additional views on
    the measure.
        I want to thank the Members for their attendance and the
    staff on both sides for their good work. This concludes our
    Committee markup.
        [Whereupon, at 3:55 p.m., the Committee was adjourned.]

                                   Appendix:

                                  ----------

                     H.R. 3598 as amended, Amendment Roster