[House Report 118-215]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     118-215

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



 
        ABANDONED WELL REMEDIATION RESEARCH AND DEVELOPMENT ACT

                                _______
                                

 September 22, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Lucas, from the Committee on Science, Space, and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4877]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 4877) to amend the Energy Policy 
Act of 2005 to direct the Secretary of Energy to carry out a 
research, development, and demonstration program with respect 
to abandoned wells, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Legislative History..............................................     3
Section-by-Section...............................................     4
Related Committee Hearings.......................................     4
Committee Consideration..........................................     5
Roll Call Votes..................................................     5
Application of Law to the Legislative Branch.....................     7
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     7
Statement of General Performance Goals and Objectives............     7
Duplication of Federal Programs..................................     7
Federal Advisory Committee Act...................................     7
Unfunded Mandate Statement.......................................     7
Earmark Identification...........................................     7
Committee Cost Estimate..........................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     8
Congressional Budget Office Cost Estimate........................     8
Changes in Existing Law Made by the Bill, as Reported............     8

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

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Abandoned Well Remediation Research 
and Development Act''.

SEC. 2. AMENDMENT TO THE ENERGY POLICY ACT OF 2005.

  (a) In General.--The Energy Policy Act of 2005 is amended--
          (1) by adding at the end of subtitle F of title IX (42 U.S.C. 
        16291 et seq.) the following new section:

``SEC. 969E. ABANDONED WELLS RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
                    PROGRAM.

  ``(a) Establishment.--Not later than 120 days after the date of the 
enactment of this section, the Secretary of Energy shall, in 
coordination with relevant Federal and state agencies and entities, 
establish a research, development, and demonstration program to 
improve--
          ``(1) data collection on the location of abandoned wells;
          ``(2) the plugging, remediation, reclamation, and repurposing 
        of abandoned wells; and
          ``(3) strategies to mitigate potential environmental impacts 
        of documented and undocumented abandoned wells.
  ``(b) Activities.--The research, development, and demonstration under 
subsection (a) shall include activities to improve--
          ``(1) remote sensor capabilities, LiDAR capabilities, optical 
        gas imaging, magnetic survey technology, and any other 
        technologies relevant to the efficient identification of 
        abandoned wells;
          ``(2) understanding of how certain parameters of abandoned 
        wells affect methane emission rates of such wells, including 
        paramaters such as well age, well depth, geology, construction, 
        case material, and geographic region;
          ``(3) the efficiency and cost-efficacy of processes for 
        plugging, remediating, reclaiming, and repurposing abandoned 
        wells, including--
                  ``(A) improvement of processes and technologies for 
                the unique challenges associated with plugging remote 
                abandoned wells;
                  ``(B) use of low carbon, lightweight cement or use of 
                alternative materials and additives for plugging 
                purposes; and
                  ``(C) repurposing of abandoned wells for alternative 
                uses, including geothermal power production or carbon 
                capture, utilization, and storage; and
          ``(4) understanding of the impacts of abandoned wells on 
        groundwater quality and contamination.
  ``(c) Coordination.--In carrying out the program established under 
subsection (a), the Secretary shall ensure coordination of these 
activities with State and local governments, institutions of higher 
education, the Department of Energy National Laboratories, the private 
sector, and impacted communities, including landowners within such 
communities.
  ``(d) Abandoned Well Defined.--In this section, the term `abandoned 
well' means a well originally drilled in connection with oil and gas 
operations that is not being used, has not been plugged, and has no 
anticipated use in oil and gas operations.
  ``(e) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section amounts authorized pursuant to 
section 10771 of subtitle O of title VI of the Research and 
Development, Competition, and Innovation Act (enacted as division B of 
Public Law 117-167), as follows:
          ``(1) For fiscal year 2024, $30,000,000.
          ``(2) For fiscal year 2025, $31,250,000.
          ``(3) For fiscal year 2026, $32,500,000.
          ``(4) For fiscal year 2027, $33,750,000.
          ``(5) For fiscal year 2028, $35,000,000.
  ``(f) Sunset.--This section shall terminate five years after the date 
of the enactment of this section.''; and
          (2) in the table of contents in section 1(b) (42 U.S.C. 15801 
        note), by inserting after the matter relating to section 969D 
        the following new item:

``Sec. 969E. Abandoned wells research, development, and demonstration 
program.''.

  (b) Conforming Amendment.--Paragraph (6) of section 10771 of subtitle 
O of title VI of the Research and Development, Competition, and 
Innovation Act (enacted as division B of Public Law 117-167) is 
amended--
          (1) in the matter preceding subparagraph (A), by striking 
        ``2026'' and inserting ``2028'';
          (2) in subparagraph (A), by striking ``$600,000,000'' and 
        inserting ``$507,500,000'';
          (3) in subparagraph (B), by striking ``and'' after the 
        semicolon;
          (4) in subparagraph (C)--
                  (A) by striking ``$1,000,000,000'' and inserting 
                ``$930,000,000''; and
                  (B) by striking the period and inserting ``; and''; 
                and
          (5) by adding at the end the following new subparagraph:
                  ``(D) $162,500,000 to carry out abandoned wells 
                research, development, and demonstration activities 
                under section 969E of the Energy Policy Act of 2005, in 
                accordance with such section.''.

                          Purpose and Summary

    The purpose of this bill is to amend the Energy Policy Act 
of 2005 to direct the Secretary of Energy to carry out a 
research, development, and demonstration program at the 
Department of Energy (DOE) to support and accelerate the 
remediation of abandoned or orphaned oil and gas wells.
    H.R. 4877 was introduced by Representative Summer Lee (D-
PA), with Representative Stephanie Bice (R-OK) as the original 
cosponsor. Additional cosponsors include Representative Deborah 
Ross (D-NC) and Representative Haley Stevens (D-MI).

                  Background and Need for Legislation

    Abandoned oil and gas wells are a growing problem for the 
U.S. and its clean energy economy. Some unplugged wells date 
back as early as the 1850s and continually emit methane and 
cause environmental damage. It is unclear how many abandoned 
wells there are in the country with estimates ranging from 
700,000 to 3,000,000. The current plugging and remediation 
process is challenging due to factors such as difficulty 
locating wells, minimal understanding of methane emission 
rates, and cost barriers. There is a need for federal 
investment to address these challenges, and the Department of 
Energy is well equipped to carry out this research utilizing 
the Fossil Energy and Carbon Management Office and through the 
national lab network. Improving the plugging and remediation 
process for abandoned wells could reduce the costs of plugging 
these wells--which currently range between $30,000 to 
$1,000,000 per well, improve the efficiency of remediation, 
mitigate environmental harms, and reduce methane emissions. 
This includes improving the process for plugging remote wells, 
developing a greater understanding of what causes ``super 
emitters'', researching use of low carbon cement for plugging, 
and repurposing abandoned wells for geothermal power production 
and carbon capture, utilization, and storage. The program will 
also improve technology to pinpoint and map the location of 
wells, as an understanding of location and number of abandoned 
wells in the country would be essential to developing a broad 
plugging program.

                          Legislative History

    On July 25, 2023, Representative Summer Lee (D-PA), 
introduced H.R. 4877 with Representative Stephanie Bice (R-OK) 
as the original cosponsor.
    On July 27, 2023, the Committee on Science, Space, and 
Technology met to consider H.R. 4877. Representatives McClellan 
(VA) and Sykes (OH) proposed an amendment which sought to add 
``impacted communities, state and local governments, and 
landowners'' to the list of stakeholders for consultation. The 
amendment passed via voice vote.
    Chairman Lucas moved that Committee favorably report the 
bill, H.R. 4877, as amended, to the House of Representatives 
with the recommendation that the bill be approved. The motion 
was agreed to by a vote of 35-0.

                           Section-by-Section


Section 1. Short title

    This section establishes that this legislation may be 
referred to as the ``Abandoned Well Remediation Research and 
Development Act''.

Section 2. Amendment to the Energy Policy Act of 2005

    This section authorizes a DOE research, development, and 
demonstration program to improve data collection on the 
location of abandoned wells, the plugging, remediation, 
reclamation, and repurposing of abandoned wells, and strategies 
to mitigate potential environmental impacts of abandoned wells. 
It authorizes research, development, and demonstration 
activities to improve relevant technologies to the efficient 
identification of abandoned wells. This section also authorizes 
activities to improve understanding of how certain parameters 
of abandoned wells affect methane emission rates of such wells. 
It authorizes activities to address the efficiency and cost-
efficacy of processes for plugging, remediating, reclaiming, 
and repurposing abandoned wells. Finally, the program 
authorizes activities to improve understanding of the impacts 
of abandoned wells on groundwater quality and contamination. It 
authorizes $30 million for this program in fiscal year (FY) 
2024, rising to $35 million in FY28 and includes a full offset 
of this authorization through a reduction in spending for 
relevant activities authorized in Subtitle O of title VI of the 
Research and Development, Competition, and Innovation Act.

                       Related Committee Hearings

    On July 26, 2023, Chairman Frank Lucas presiding, the House 
Committee on Science, Space, and Technology held a hearing 
titled, ``Unearthing Innovation: The Future of Subsurface 
Science and Technology in the United States,'' to explore the 
status of U.S. subsurface science and technology research 
including in the areas of fundamental scientific discovery, 
clean energy production and storage, waste management 
strategies, and next generation mining technologies. This 
hearing specifically examined research and development 
activities carried out or supported by the U.S. Department of 
Energy (DOE).
    Witnesses
           Dr. Alexandra Hakala, Senior Fellow, 
        Geologic and Environmental Systems, National Energy 
        Technology Laboratory, U.S. Department of Energy
           Mr. Ben Serrurier, Government Affairs and 
        Policy Manager, Fervo Energy
           Dr. Kevin M. Rosso, Associate Director, 
        Physical Sciences Division, Pacific Northwest National 
        Laboratory
           Dr. Haruko Murakami Wainwright, Norman C. 
        Rasmussen Career Development Professor, Assistant 
        Professor of Nuclear Science and Engineering, and 
        Assistant Professor of Civil and Environmental 
        Engineering, Massachusetts Institute of Technology
           Ms. Allyson Book, Chief Sustainability 
        Officer, Baker Hughes

                        Committee Consideration

    On July 27, 2023, the Committee met in open session and 
ordered reported favorably the bill, H.R. 4877, as amended, by 
a recorded vote of 35 yeas to 0 nays, a quorum being present.

                            Roll Call Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Application of Law to the Legislative Branch

    The Committee finds that H.R. 4877 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).

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause (3)(c)(4) of rule XIII, the goal of H.R. 
4877 is to amend the Energy Policy Act of 2005 to direct the 
Secretary of Energy to carry out a research, development, and 
demonstration program at the Department of Energy (DOE) to 
support and accelerate the remediation of abandoned or orphaned 
oil and gas wells.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, the Committee 
finds that no provision of H.R. 4877 establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, including any program 
that was included in a report to Congress pursuant to section 
21 of Public Law 111-139 or identified in the most recent 
Catalog of Federal Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of section 5(b) of the Federal Advisory 
Committee Act.

                       Unfunded Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                         Earmark Identification

    Pursuant to clauses 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4877 does not include any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 4877 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       ENERGY POLICY ACT OF 2005


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Energy 
Policy Act of 2005''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                   TITLE IX--RESEARCH AND DEVELOPMENT

     * * * * * * *

                        Subtitle F--Fossil Energy

Sec. 961. Fossil energy.
     * * * * * * *
Sec. 969E. Abandoned wells research, development, and demonstration 
          program.

           *       *       *       *       *       *       *


TITLE IX--RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


Subtitle F--Fossil Energy

           *       *       *       *       *       *       *


SEC. 969E. ABANDONED WELLS RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
                    PROGRAM.

  (a) Establishment.--Not later than 120 days after the date of 
the enactment of this section, the Secretary of Energy shall, 
in coordination with relevant Federal and state agencies and 
entities, establish a research, development, and demonstration 
program to improve--
          (1) data collection on the location of abandoned 
        wells;
          (2) the plugging, remediation, reclamation, and 
        repurposing of abandoned wells; and
          (3) strategies to mitigate potential environmental 
        impacts of documented and undocumented abandoned wells.
  (b) Activities.--The research, development, and demonstration 
under subsection (a) shall include activities to improve--
          (1) remote sensor capabilities, LiDAR capabilities, 
        optical gas imaging, magnetic survey technology, and 
        any other technologies relevant to the efficient 
        identification of abandoned wells;
          (2) understanding of how certain parameters of 
        abandoned wells affect methane emission rates of such 
        wells, including paramaters such as well age, well 
        depth, geology, construction, case material, and 
        geographic region;
          (3) the efficiency and cost-efficacy of processes for 
        plugging, remediating, reclaiming, and repurposing 
        abandoned wells, including--
                  (A) improvement of processes and technologies 
                for the unique challenges associated with 
                plugging remote abandoned wells;
                  (B) use of low carbon, lightweight cement or 
                use of alternative materials and additives for 
                plugging purposes; and
                  (C) repurposing of abandoned wells for 
                alternative uses, including geothermal power 
                production or carbon capture, utilization, and 
                storage; and
          (4) understanding of the impacts of abandoned wells 
        on groundwater quality and contamination.
  (c) Coordination.--In carrying out the program established 
under subsection (a), the Secretary shall ensure coordination 
of these activities with State and local governments, 
institutions of higher education, the Department of Energy 
National Laboratories, the private sector, and impacted 
communities, including landowners within such communities.
  (d) Abandoned Well Defined.--In this section, the term 
``abandoned well'' means a well originally drilled in 
connection with oil and gas operations that is not being used, 
has not been plugged, and has no anticipated use in oil and gas 
operations.
  (e) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section amounts authorized pursuant 
to section 10771 of subtitle O of title VI of the Research and 
Development, Competition, and Innovation Act (enacted as 
division B of Public Law 117-167), as follows:
          (1) For fiscal year 2024, $30,000,000.
          (2) For fiscal year 2025, $31,250,000.
          (3) For fiscal year 2026, $32,500,000.
          (4) For fiscal year 2027, $33,750,000.
          (5) For fiscal year 2028, $35,000,000.
  (f) Sunset.--This section shall terminate five years after 
the date of the enactment of this section.

           *       *       *       *       *       *       *

                              ----------                              


       RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION ACT



           *       *       *       *       *       *       *
DIVISION B--RESEARCH AND INNOVATION

           *       *       *       *       *       *       *


TITLE VI--MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS

           *       *       *       *       *       *       *


      Subtitle O--Department of Energy Research, Development, and 
                        Demonstration Activities

SEC. 10771. DEPARTMENT OF ENERGY RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION ACTIVITIES.

  For the purpose of carrying out research, development, and 
demonstration activities and addressing energy-related supply 
chain activities in the key technology focus areas (as 
described in section 10387), there are authorized to be 
appropriated the following amounts:
          (1) Office of energy efficiency and renewable 
        energy.--In addition to amounts otherwise authorized to 
        be appropriated or made available, there are authorized 
        to be appropriated to the Secretary of Energy (referred 
        to in this section as the ``Secretary''), acting 
        through the Office of Energy Efficiency and Renewable 
        Energy, for the period of fiscal years 2023 through 
        2026--
                  (A) $1,200,000,000 to carry out building 
                technologies research, development, and 
                demonstration activities;
                  (B) $1,200,000,000 to carry out sustainable 
                transportation research, development, and 
                demonstration activities;
                  (C) $1,000,000,000 to carry out advanced 
                manufacturing research, development, and 
                demonstration activities, excluding activities 
                carried out pursuant to subparagraph (D);
                  (D) $1,000,000,000 to carry out section 454 
                of the Energy Independence and Security Act of 
                2007 (42 U.S.C. 17113);
                  (E) $600,000,000 to carry out advanced 
                materials research, development, and 
                demonstration activities, including relating to 
                upcycling, recycling, and biobased materials; 
                and
                  (F) $800,000,000 to carry out renewable power 
                research, development, and demonstration 
                activities.
          (2) Office of electricity.--In addition to amounts 
        otherwise authorized to be appropriated or made 
        available, there is authorized to be appropriated to 
        the Secretary, acting through the Office of 
        Electricity, for the period of fiscal years 2023 
        through 2026, $1,000,000,000 to carry out electric grid 
        modernization and security research, development, and 
        demonstration activities.
          (3) Office of cybersecurity, energy security, and 
        emergency response.--In addition to amounts otherwise 
        authorized to be appropriated or made available, there 
        is authorized to be appropriated to the Secretary, 
        acting through the Office of Cybersecurity, Energy 
        Security, and Emergency Response, for the period of 
        fiscal years 2023 through 2026, $800,000,000 to carry 
        out cybersecurity and energy system physical security 
        research, development, and demonstration activities.
          (4) Office of nuclear energy.--In addition to amounts 
        otherwise authorized to be appropriated or made 
        available, there is authorized to be appropriated to 
        the Secretary, acting through the Office of Nuclear 
        Energy, for the period of fiscal years 2023 through 
        2026, $400,000,000 to carry out advanced materials 
        research, development, and demonstration activities.
          (5) Office of environmental management.--In addition 
        to amounts otherwise authorized to be appropriated or 
        made available, there is authorized to be appropriated 
        to the Secretary, acting through the Office of 
        Environmental Management, for the period of fiscal 
        years 2023 through 2026, $200,000,000 to carry out 
        research, development, and demonstration activities, 
        including relating to artificial intelligence and 
        information technology.
          (6) Office of fossil energy and carbon management.--
        In addition to amounts otherwise authorized to be 
        appropriated or made available, there are authorized to 
        be appropriated to the Secretary, acting through the 
        Office of Fossil Energy and Carbon Management, for the 
        period of fiscal years 2023 through [2026] 2028--
                  (A) [$600,000,000] $507,500,000 to carry out 
                clean industrial technologies research, 
                development, and demonstration activities 
                pursuant to section 454 of the Energy 
                Independence and Security Act of 2007 (42 
                U.S.C. 17113);
                  (B) $200,000,000 to carry out alternative 
                fuels research, development, and demonstration 
                activities; [and]
                  (C) [$1,000,000,000] $930,000,000 to carry 
                out carbon removal research, development, and 
                demonstration activities[.]; and
                  (D) $162,500,000 to carry out abandoned wells 
                research, development, and demonstration 
                activities under section 969E of the Energy 
                Policy Act of 2005, in accordance with such 
                section.
          (7) Advanced research projects agency--energy.--In 
        addition to amounts otherwise authorized to be 
        appropriated or made available, there is authorized to 
        be appropriated to the Secretary, acting through the 
        Director of the Advanced Research Projects Agency--
        Energy established under section 5012 of the America 
        COMPETES Act (42 U.S.C. 16538), for the period of 
        fiscal years 2023 through 2026, $1,200,852,898 to carry 
        out activities of the Advanced Research Projects 
        Agency--Energy.

           *       *       *       *       *       *       *


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