II
Calendar No. 517
111th CONGRESS
2d Session
H. R. 5716
IN THE SENATE OF THE UNITED STATES
July 22, 2010
Received
August 5, 2010
Read twice and placed on the calendar
AN ACT
To provide for enhancement of existing efforts in support of research, development, demonstration, and commercial application activities to advance technologies for the safe and environmentally responsible exploration, development, and production of oil and natural gas resources.
Short title
This Act may be cited as the
Safer Oil and Natural Gas Drilling
Technology Research and Development Act
.
Subtitle amendment
Subtitle J of title
IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is
amended in the subtitle heading by striking Ultra-Deepwater and Unconventional Natural Gas and
Other Petroleum Resources
and inserting
Safer Oil and Natural Gas
Drilling Technology Research and Development
Program
.
Safer oil and natural gas drilling technology research and development program
Program authority
Section 999A of the Energy Policy Act of 2005 (42 U.S.C. 16371) is amended—
in subsection (a)—
by striking
ultra-deepwater
and inserting deepwater
;
and
by inserting
well control and accident prevention,
after safe
operations,
;
in subsection (b)—
by inserting
, accident prevention and mitigation,
after improving
safety
;
by striking paragraph (1) and inserting the following:
Deepwater architecture and technology, including those for drilling to formations in water depths greater than 1,000 feet.
; and
by striking paragraph (4) and inserting the following:
Complementary research carried out by the Department.
;
in subsection (d)—
in the subsection
heading, by striking National Energy Technology Laboratory
and
inserting Department of
Energy
; and
by striking
National Energy Technology Laboratory
and inserting
Office of Fossil Energy of the Department
;
in subsection (e)—
in the subsection
heading, by striking Secretary of the Interior
and inserting
Other Federal
Agencies
; and
by inserting
and other agencies as appropriate, including those serving on, and
collaborating with, the Interagency Coordinating Committee on Oil Pollution
Research as established under section 7001 of the Oil Pollution Act of 1990
(33 U.S.C.
2761(a))
after Secretary of the
Interior
; and
by adding at the end the following:
Partnerships
In carrying out the program under this subtitle, the Secretary shall seek to establish partnerships with eligible research performers, as described by section 999E, to undertake research and development not likely otherwise to be undertaken in the absence of support from the program.
.
Program elements
Section 999B of the Energy Policy Act of 2005 (42 U.S.C. 16372) is amended—
in the section
heading, by striking Ultra-deepwater and unconventional onshore natural gas and other
petroleum
and inserting Safer oil and natural gas drilling
technology
;
by amending subsection (a) to read as follows:
In general
The Secretary shall carry out the activities under section 999A to maximize the benefits of natural gas and other petroleum resources of the United States by advancing the safe and environmentally responsible exploration, development, and production of those resources.
;
in subsection (c)(1)—
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
by inserting after subparagraph (C) the following:
select projects on a competitive basis;
;
in subsection
(c)(3)(A)(ii), by striking under subsection (f)(4)
;
in subsection (d)—
in paragraph (6),
by striking ultra-deepwater
and inserting
deepwater
; and
by striking paragraph (7) and inserting the following:
Focus areas for awards
Deepwater resources
Awards from allocations under section 999H(d)(1) shall focus on research, development, demonstration, and commercial application activities in areas that include—
technologies and systems aimed at improving operational safety and reducing potential environmental impacts of deepwater exploration and production activities, including—
wellbore integrity, well control, and blowout prevention;
capture and containment of oil at or near the wellhead; and
expanding operational capabilities and efficiency of remotely operated devices and mechanics;
safe and environmentally responsible deepwater exploration and production technologies, integrated systems, and architectures for enhancing oil and natural gas drilling and recovery, including under extreme conditions;
methods and technologies for severe weather and ocean surface condition preparedness;
utilization of exploration and production methods and materials that reduce the potential impact of such activities on the environment; and
other areas as determined appropriate by the Secretary.
Unconventional onshore resources
Awards from allocations under section 999H(d)(2) shall focus on research, development, demonstration, and commercial application activities in areas that include—
advanced coalbed methane, deep drilling, natural gas production from tight sands, natural gas production from gas shales, stranded gas, innovative exploration and production techniques, and enhanced recovery techniques;
increased efficiency of energy use in exploration and production activities;
utilization of exploration and production methods and materials that reduce the potential impact of such activities on the environment;
recovery, utilization, reduction, and improved management of produced water from exploration and production activities; and
accident prevention and mitigation of unconventional natural gas and other petroleum resources exploration and production.
Small producers
Awards from allocations under section 999H(d)(3) shall be made to consortia consisting of small producers or organized primarily for the benefit of small producers, and shall focus on areas that include—
safety and accident prevention, environmental mitigation, waste reduction, reduction of energy use, and well control and systems integrity;
complex geology involving rapid changes in the type and quality of the oil and gas reserves across the reservoir;
low reservoir pressure and unconventional natural gas reservoirs in coalbeds, deep reservoirs, tight sands, or shales; and
advancing energy efficient, safe, and environmentally responsible production of unconventional oil reservoirs in tar sands and oil shales.
Safety, and accident prevention and mitigation, technology research and development by the department
Awards from allocations under section 999H(d)(4) shall focus on safety, and accident prevention and mitigation, research, development, demonstration, and commercial application activities in areas that may include—
improved technologies and best management practices for enhanced well integrity including—
cementing;
casing;
wellbore sealant technologies;
well-plugging and abandonment;
improvement and standardization of blowout prevention devices;
actuation and pressure testing; and
other well control activities;
research to aid in the development of industry best practices and standards for workforce training, design of safe workplace environments, and safety related decisionmaking processes, including by drawing on existing research into human factors and safety related practices in fields such as the nuclear energy, aviation, and automotive industries;
secondary control systems to activate blowout prevention devices and terminate well-flow, including—
deadman switches;
automatic shears; and
remote acoustic switches;
technologies and methods for accident mitigation, including—
capture, containment, or dispersing of oil at or near the wellhead;
estimating flow rate;
diagnostic sensors to determine equipment malfunction; and
procedures to terminate flow;
continuing ongoing efforts, including in resource assessment and characterization, and in simulation of safe and effective drilling under extreme conditions, including high temperatures and pressures;
development of methodologies for risk management decisionmaking, including comparative risk analysis and quantitative risk assessment of potential for failure in the technologies, management practices, and systems studies under this subsection; and
other activities as described in this paragraph or as determined appropriate by the Secretary.
;
in subsection (e)—
in paragraph (2)—
in
the second sentence of subparagraph (A), by inserting to the Secretary
for review
after submit
; and
in
the first sentence of subparagraph (B), by striking
Ultra-Deepwater
and all that follows through and such
Advisory Committees
and inserting Program Advisory Committee
established under section 999D(a), and the Advisory Committee
;
in paragraph (4)—
by
striking and
at the end of subparagraph (A);
by
striking the period at the end of subparagraph (B) and inserting ;
and
; and
by adding at the end the following new subparagraph:
a summary of ongoing and planned activities aimed at improving operational safety and reducing potential environmental impacts of exploration and production.
; and
by adding at the end the following:
Research findings and recommendations for implementation
The Secretary shall publish in the Federal Register an annual report on the research findings of the program carried out under this section and any recommendations for implementation that the Secretary determines to be necessary.
;
in subsection (f)(2), by inserting
In carrying out this subsection, the Secretary shall ensure that safety
and accident prevention and mitigation be regularly included as specific focus
areas for solicitations.
after consortium.
;
in subsection (i)—
in the subsection
heading, by striking United States Geological Survey
and
inserting Department of
the Interior
; and
by striking
, through the United States Geological Survey,
; and
in subsection (j),
by striking National Energy Technology Laboratory
and inserting
Office of Fossil Energy of the Department
.
Program advisory committee
Section 999D of the Energy Policy Act of 2005 (42 U.S.C. 16374) is amended to read as follows:
Program advisory committee
Establishment
Not later than 90 days after the date of
enactment of the Safer Oil and Natural Gas
Drilling Technology Research and Development Act, the Secretary
shall establish an advisory committee to be known as the Program
Advisory Committee
(referred to in this section as the Advisory
Committee
).
Membership
In general
The Advisory Committee shall be composed of members appointed by the Secretary, each of whom shall be qualified by education, training, and experience to evaluate scientific and technical information relevant to the research, development, and demonstration under this subtitle. Members shall include—
individuals with extensive research experience or operational knowledge of oil and natural gas exploration and production;
individuals broadly representative of the affected interests in oil and natural gas production, including interests in environmental protection and operational safety;
State regulatory agency representatives; and
other individuals, as determined by the Secretary.
Limitations
In general
The Advisory Committee shall not include individuals who are board members, officers, or employees of the program consortium.
Categorical representation
In appointing members of the Advisory Committee, the Secretary shall ensure that no class of individuals described in any of subparagraphs (B), (C), or (D) of paragraph (1) comprises more than 1/3 of the membership of the Advisory Committee.
Subcommittees
The Advisory Committee may establish subcommittees or ad hoc working groups for the research focus areas described in section 999B(d)(7).
Duties
The Advisory Committee shall—
advise the Secretary on the development and implementation of programs under this subtitle; and
carry out section 999B(e)(2)(B).
Compensation
A member of the Advisory Committee shall serve without compensation but shall be entitled to receive travel expenses in accordance with subchapter I of chapter 57 of title 5, United States Code.
Prohibition
The Advisory Committee shall not make recommendations on funding awards to particular consortia or other entities, or for specific projects.
.
Definitions
Section 999G of the Energy Policy Act of 2005 (42 U.S.C. 16377) is amended—
in paragraph (1),
by striking 200 but less than 1,500 meters
and inserting
1,000 feet
;
by striking paragraphs (8), (9), and (10);
by redesignating paragraphs (2) through (7) and (11) as paragraphs (4) through (9) and (10), respectively; and
by inserting after paragraph (1) the following:
Deepwater architecture
The term deepwater architecture
means
the integration of technologies for the safe and environmentally responsible
exploration for, or production of, natural gas or other petroleum resources
located at deepwater depths.
Deepwater technology
The term deepwater technology
means a
discrete technology that is specially suited to address 1 or more challenges
associated with the safe and environmentally responsible exploration for, or
production of, natural gas or other petroleum resources located at deepwater
depths.
.
Funding
Section 999H of the Energy Policy Act of 2005 (42 U.S.C. 16378) is amended—
in the first
sentence of subsection (a) by striking Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund
and
inserting Safer Oil and Natural Gas Drilling Technology Research and
Development Fund
;
in subsection (d)—
in paragraph (1),
by striking 35 percent
and inserting 32.5
percent
;
in paragraph (2),
by striking 32.5 percent
and inserting 25
percent
; and
in paragraph (4)—
by
striking 25 percent
and inserting 35 percent
;
and
by
striking contract management,
and all that follows through the
period at the end and inserting and contract management.
;
in subsection (f),
by striking Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Research Fund
and inserting Safer Oil and Natural Gas
Drilling Technology Research and Development Fund
; and
at the end of the section, by inserting the following new subsection:
Coordination and nonduplication
The Secretary shall ensure, to the maximum extent practicable, that the research activities carried out by the consortium funded under paragraphs (1), (2), and (3) of subsection (d), and the research activities carried out by the Department of Energy as funded by subsection (d)(4), shall be coordinated and not duplicative of one another.
.
Conforming amendments
The table of contents of the Energy Policy Act of 2005 is amended—
by amending the item relating to subtitle J of title IX to read as follows:
Subtitle J—Safer Oil and Natural Gas Drilling Technology Research and Development Program
;
by amending the item relating to section 999B to read as follows:
Sec. 999B. Safer Oil and Natural Gas Drilling Technology Research and Development Program.
;
by amending the item relating to section 999D to read as follows:
Sec. 999D. Program Advisory Committee.
.
Passed the House of Representatives July 21, 2010.
Lorraine C. Miller,
Clerk.
August 5, 2010
Read twice and placed on the calendar