[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:

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                 H.R. 3598 as amended, Amendment Roster