II
111th CONGRESS
2d Session
S. 3509
IN THE SENATE OF THE UNITED STATES
June 17, 2010
Mr. Udall of Colorado (for himself, Mrs. Shaheen, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To amend the Energy Policy Act of 2005 to promote the research and development of technologies and best practices for the safe development and extraction of natural gas and other petroleum resources, and for other purposes.
Short title
This Act may be cited as
the Safer Oil and Gas Production
Research and Development Act of 2010
.
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 striking paragraph (1) and inserting the following:
Deepwater architecture, well control and accident prevention, and deepwater technology, including drilling to deep formations in waters greater than 500 feet.
; and
by striking paragraph (4) and inserting the following:
Safety and environmental technology research and development for drilling activities aimed at well control and accident prevention performed by the Department.
; and
in subsection (d)—
in the subsection
heading, by striking National Energy Technology Laboratory
and
inserting Department
; and
by striking
, through the National Energy Technology Laboratory,
.
Safe oil and gas production accident prevention research and development program
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 Safe oil and gas production and accident
prevention
;
in subsection
(a), by striking to maximize
and all that follows through the
period at the end and inserting to ensure the safe and environmentally
responsible production of natural gas and other petroleum resources of the
United States.
;
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, peer-reviewed basis.
; and
in subsection (d)—
in paragraph (6),
by striking ultra-deepwater
and inserting
deepwater
;
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 the research, development, and demonstration of areas that include—
individual exploration and production technologies aimed at improving operational safety and reducing environmental impacts of exploration and production activities, including drilling, well integrity systems, well control, and blowout prevention;
nontoxic materials for use in exploration and production activities; and
integrated systems approach based management for exploration and production in deepwater.
Unconventional resources
Awards from allocations under section 999H(d)(2) shall focus on research, development, and demonstration of 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;
nontoxic materials for use in exploration and production activities;
safety and environmental mitigation in exploration and production activities; and
accident prevention and environmental 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, well control and systems integrity, and complex geology involving rapid changes in the type and quality of the oil and gas reservoirs across the reservoir;
low reservoir pressure, unconventional natural gas reservoirs in coalbeds, deep reservoirs, tight sands, or shales; and
unconventional oil reservoirs in tar sands and oil shales.
Safety and accident prevention technology research and development
Awards from allocations under section 999H(d)(4) shall be expended on areas that include—
the development of improved cementing and casing technologies;
the best management practices for cementing, casing, and other well control activities and technologies; and
the development of integrity and stewardship guidelines for—
well-plugging and abandonment;
development of wellbore sealant technologies; and
improvement and standardization of blowout prevention devices.
; and
by adding at the end the following:
Study; report
Study
As soon as practicable after the date of enactment of this paragraph, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study to determine—
whether the benefits provided through each award under this subsection during calendar year 2011 have been maximized; and
the new areas of research that could be carried out to meet the overall objectives of the program.
Report
Not later than January 1, 2012, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under subparagraph (A).
Optional updates
The Secretary may update the report described in subparagraph (B) for the 5-year period beginning on the date described in that subparagraph and each 5-year period thereafter.
;
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
;
and
by adding at the end the following:
Research findings and recommendations for implementation
The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, 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, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, determines to be necessary.
;
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 the first
sentence of subsection (j), by striking National Energy Technology
Laboratory, on behalf of the
.
Additional requirements for awards
Section 999C(b) of the Energy Policy Act of
2005 (42 U.S.C. 16373(b)) is amended by striking an ultra-deepwater
technology or an ultra-deepwater architecture
and inserting a
deepwater technology
.
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 270 days after the date of enactment of the
Safer Oil and Gas Production Research and
Development Act of 2010, 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, including—
individuals with extensive research experience or operational knowledge of hydrocarbon exploration and production;
individuals broadly representative of the affected interests in hydrocarbon production, including interests in environmental protection and safety operations;
representatives of Federal agencies, including the Environmental Protection Agency and the Department of the Interior;
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 (A), (B), (D), or (E) of paragraph (1) comprises more than 1/3 of the membership of the Advisory Committee.
Subcommittees
The Advisory Committee may establish subcommittees for separate research programs carried out under this subtitle.
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
500 feet
;
by striking paragraphs (8), (9), and (10);
by redesignating paragraphs (2) through (7) and (11) as paragraphs (4) through (9) and (10), respectively;
by inserting after paragraph (1) the following:
Deepwater architecture
The term deepwater architecture means the integration of technologies for the 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 exploration for, or production of, natural gas or other petroleum resources located at deepwater depths.
; and
in paragraph (10)
(as redesignated by paragraph (3)), by striking in an economically
inaccessible geological formation, including resources of small
producers
.
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 Safe Oil and Gas Production and Accident Prevention Research
Fund
;
in subsection (d)—
in paragraph (1),
by striking 35 percent
and inserting 21.5
percent
;
in paragraph (2),
by striking 32.5 percent
and inserting 21
percent
; and
in paragraph (4)—
by
striking 25 percent
and inserting 50
percent
;
by
striking complementary research
and inserting safety
technology research and development
; and
by striking
contract management,
and all that follows through the period at
the end and inserting and contract management.
; and
in subsection
(f), by striking Ultra-Deepwater and Unconventional Natural Gas and
Other Petroleum Research Fund
and inserting Safe and Responsible
Energy Production Research Fund
.
Conforming amendment
Subtitle J of title
IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.) is amended by
striking the subtitle heading and inserting Safe Oil and Gas Production and Accident
Prevention Program
.