[Senate Report 110-446]
[From the U.S. Government Publishing Office]
Calendar No. 941
110th Congress Report
SENATE
2d Session 110-446
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THE TWENTY-FIRST CENTURY WATER COMMISSION ACT OF 2008
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August 22, 2008.--Ordered to be printed
Filed under authority of the order of the Senate of August 22
(legislative day, August 1), 2008
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2728]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2728) to establish the Twenty-First Century
Water Commission to study and develop recommendations for a
comprehensive water strategy to address future water needs,
reports favorably thereon with amendments, and recommends that
the bill, as amended, do pass.
PURPOSES OF THE LEGISLATION
S. 2728 would establish the Twenty-First Century Water
Commission, a commission to help assess the country's future
water supply and management needs. S. 2728 provides for the
requirements of membership and appointment of the Twenty-First
Century Water Commission (the Commission), and establishes its
duties and responsibilities. The bill also requires hearings
and reports on the Commission's findings and recommendations.
The Commission's responsibilities would include projecting
future water supply and demand in the United States, studying
the management of that supply, studying measures to improve the
availability, reliability, and quality of freshwater resources,
and preparing a comprehensive strategy for its management in
the future. The bill would require the Commission to transmit a
final report containing a detailed statement of the findings
and conclusions of the Commission, and recommendations for
legislation and other policies to implement such findings and
conclusions not later than three years after the date of the
first meeting of the Commission.
GENERAL STATEMENT AND BACKGROUND
As the population of the United States continues to grow,
demands on its water supply, are expected to increase greatly,
as are demands on the nation's water infrastructure, including
Federal, state and local water conveyance, storage, and
treatment. The federal government's U.S. Climate Change Science
Program, concluded in a May 2008 report that the ``[e]ffects of
climate on the nation's water storage capabilities and
hydrologic functions will have significant implications for
water management and planning as variability in natural
processes increases.'' A Report by the U.S. Climate Change
Science Program and the Subcommittee on Global Change Research:
The Effects of Climate Change on Water Resources in the United
States (U.S. Climate Change Science Program Synthesis and
Assessment Product 4.3) (May 2008). Investments in water
infrastructure, increased and improved water efficiency and
conservation, improvements to water quality, and cooperation
with Federal, state, and local agencies need to be assessed and
considered.
To help assess these needs and provide recommendations to
lawmakers and policymakers, S. 2728, the Twenty-First Century
Water Commission Act of 2008 would establish the Twenty-First
Century Water Commission. The Commission, whose members are
appointed by the Presidents and leaders of both chambers of
Congress is charged with: (1) assessing and projecting future
water supply and demand; (2) studying current water management
programs of federal, interstate, state, and local agencies; and
(3) consulting with representatives of such agencies and
entities to develop recommendations for a comprehensive water
strategy. The Commission is required to submit a final
comprehensive report of its findings and recommendations to the
President and the committees of jurisdiction of the Congress
not later than three years after the date of the first meeting
of the Commission.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 would provide that the Act may be cited as the
``Twenty-First Century Water Commission Act of 2008''.
Section 2. Findings
Section 2 finds that a thorough assessment of the nation's
technological and economic advances that can be employed to
increase water supplies nationwide is needed, and that a
comprehensive strategy to increase water availability and
ensure safe, adequate, reliable, and sustainable water supplies
is vital to the economic and environmental future of the
Nation, and will alleviate the impending stress on our water
resources.
Section 3. Establishment
Section 3 establishes a commission called the ``Twenty-
First Century Water Commission.''
Section 4. Duties
Section 4 outlines the duties of the Commission, which
include: (1) use existing water assessments and conducting new
assessments to project future water supply and demand, (2)
studying current water management programs at all levels of
government and private entities directed at increasing water
supplies and improving freshwater resources, (3) consulting
with representatives of such agencies and entities to develop
recommendations for a comprehensive water strategy, consistent
with existing laws, treaties, decrees, and interstate compacts,
which respect and consider several enumerated factors.
Section 5. Membership
Section 5 describes the membership of the Commission, which
will be composed of 9 members: 5 will be appointed by the
President, 2 will be appointed by the Speaker of the House in
consultation with the minority leader, and 2 will be appointed
by the majority leader of the Senate in consultation with the
minority leader. To qualify for membership on the Commission,
individuals must be of recognized standing and distinction in
water policy issues and must not hold any other position as an
officer or employee of the United States. The members will
represent a broad cross section of regional and geographical
perspectives in the United States. The Chairperson of the
Commission shall be designated by the President. Members shall
be appointed not later than 90 days after the date of enactment
of this Act and shall serve for the life of the Commission.
Section 6. Meetings and quorum
Section 6 requires that the Commission hold its first
meeting not later than 60 days after the date on which all
members have been appointed and that it hold additional
meetings at the call of the Chairperson or a majority of its
members. A majority of the members of the Commission
constitutes a quorum.
Section 7. Director and staff
Section 7 specifies that a Director shall be appointed by
the Speaker of the House of Representatives and the majority
leader of the Senate, in consultation with the minority leader
and chairmen of the Resources and Transportation and
Infrastructure Committees of the House of Representatives, and
the minority leader and chairmen of the Energy and Natural
Resources and Environment and Public Works Committees of the
Senate.
Section 8. Powers and proceedings of the commission
Section 8 requires the Commission to hold no fewer than 10
hearings during its life. Hearings may be held in conjunction
with meetings of the Commission. The Commission may take such
testimony and receive such evidence as the Commission considers
appropriate to carry out this Act. At least 1 hearing shall be
held in Washington, DC, for the purpose of taking testimony of
representatives of Federal agencies, national organizations,
and Members of Congress. Other hearings shall be scheduled in
distinct geographical regions of the United States and should
seek to ensure testimony from individuals with a diversity of
experiences, including those who work on water issues at all
levels of government and in the private sector.
Section 9. Reports
Section 9 requires the Committee to report its progress not
later than 6 months after the date of the first meeting of the
Commission, and every 6 months thereafter, the Commission shall
transmit an interim report containing a detailed summary of its
progress, including meetings and hearings conducted in the
interim period. Not later than 3 years after the date of the
first meeting of the Commission, the Commission shall transmit
a final report containing a detailed statement of the findings
and conclusions of the Commission, and recommendations for
legislation and other policies to implement such findings and
conclusions. All such reports will be submitted to the
President; the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; the Committee on Energy and Natural Resources
and the Committee on the Environment and Public Works of the
Senate.
Section 10. Termination
Section 10 will terminate the Commission not later than 30
days after the date on which the Commission transmits a final
report under section 9.
Section 11. Authorization of appropriations
Section 11 authorizes the appropriation of $9,000,000 to
carry out this Act.
LEGISLATIVE HISTORY
S. 2728 was introduced by Senator Isakson of Georgia. The
bill was read twice and referred to the Senate Committee on
Environment and Public Works. The Committee met on May 21,
2008, when S. 2728 was ordered favorably reported as amended by
voice vote.
ROLL CALL VOTES
The Committee adopted, by unanimous consent, an amendment
proposed by Senator Boxer that included the requirement that
the Commission recommend the promotion of water efficiency and
conservation in its comprehensive water strategy, and struck
language regarding mandates on states and local governments and
language related to duplication and conflict among federal
programs.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b)(2) of rule XXVI of the
Standing Rules of the Senate, the Committee states that there
are not expected to be significant costs to private entities
under this legislation, and the Committee agrees with the
Congressional Budget Office, which has concluded that the bill
will not establish any private-sector mandates.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds, consistent with the
determination of the Congressional Budget Office, that S. 2728
would impose no Federal intergovernmental unfunded mandates on
State, local or tribal governments. The Committee further
agrees with the Congressional Budget Office that the bill does
not impose private sector mandates.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2728--Twenty-First Century Water Commission Act of 2008
Summary: S. 2728 would establish the Twenty-First Century
Water Commission. The commission's responsibilities would
include projecting future water supply and demand in the United
States, studying the management of that supply, and preparing a
comprehensive strategy for its management in the future. The
bill would require the commission to complete that work within
three years.
Assuming appropriation of the amount specified in the
legislation, CBO estimates that implementing S. 2728 would cost
$9 million over the 2009-2013 period. Enacting the legislation
would not affect direct spending or revenues.
S. 2728 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2728 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2009 2010 2011 2012 2013 2009-2013
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level......................... 2 3 2 2 0 9
Estimated outlays.................................... 1 2 3 3 0 9
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Basis of estimate: For this estimate, CBO assumes that S.
2728 will be enacted near the beginning of fiscal year 2009 and
that the $9 million authorized to be appropriated by the bill
will be provided over the next four years. Estimates of
spending are based on historical spending patterns of similar
activities.
S. 2728 would require the President and the Congress to
appoint nine members of the commission before it could meet.
CBO expects that the commission would hold its first meeting in
the second half of fiscal year 2009 and that the commission
would issue its final report in 2012.
Intergovernmental and private-sector impact: S. 2728
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimates: On October 15, 2007, CBO
transmitted a cost estimate for H.R. 135, the Twenty-First
Century Water Commission Act of 2007, as ordered reported by
the House Committee on Natural Resources on October 10, 2007.
The Natural Resources Committee's version of the bill would
authorize the appropriation of $9 million for the proposed
commission.
On May 22, 2008, CBO transmitted a cost estimate for H.R.
135 as ordered reported by the House Committee on
Transportation and Infrastructure on May 15, 2008. The
Transportation and Infrastructure Committee's version of the
bill would authorize the appropriation of $12 million for the
proposed commission.
Estimate prepared by: Federal Costs: Tyler Kruzich. Impact
on State, Local, and Tribal Governments: Neil Hood. Impact on
the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES TO EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the
Senate requires the committee to publish changes in existing
law made by the bill as reported. Passage of this bill will
make no changes to existing law.