House Report 108-664 - BROWNSVILLE PUBLIC UTILITY BOARD WATER RECYCLING AND DESALINIZATION PROJECT

[House Report 108-664]
[From the U.S. Government Publishing Office]

108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-664

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

BROWNSVILLE PUBLIC UTILITY BOARD WATER RECYCLING AND DESALINIZATION
PROJECT

_______

September 8, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______

Mr. Pombo, from the Committee on Resources, submitted the following

R E P O R T

[To accompany H.R. 2960]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 2960) to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Brownsville Public Utility Board
Water Recycling and Desalinization Project, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.

Purpose of the Bill

The purpose of H.R. 2960 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
Brownsville Public Utility Board Water Recycling and
Desalinization Project.

Background and Need for Legislation

In light of drought and limited water supplies from the Rio
Grande River, several Texas communities along the U.S./Mexico
border are increasingly utilizing non-traditional methods to
develop water supplies. Specifically, the Brownsville Public
Utility Board (PUB) and six area entities are constructing a
Regional Desalinization Plant to convert brackish water (salty
groundwater) to drinking water for the region. The overall goal
of the project is to develop an alternative water supply to
reduce reliance on Rio Grande River water. The newly developed
water will be distributed among the participating partners.
Brownsville PUB will be the primary beneficiary since it owns
about 92 percent of the plant. Pumping of brackish water from
the underground source began in 2003. Phase I is expected to
produce 7.5 million gallons of water per day, equivalent to
over 40 percent of the annual water supply to the participating
entities. The Phase I project is expected to cost $30 million.
The capacity of the facility would double with completion of
Phase II. This portion of the project will cost approximately
$15 million overall. H.R. 2960 authorizes federal assistance
for Phase II of the project through a 25 percent federal cost
share.
The legislation would also authorize federal assistance for
two Brownsville PUB recycled water pipelines. The first water
recycling project would result in the construction of a water
line from the North Sewage Treatment Plant to convey reclaimed
water to the Port of Brownsville. Up to 6 million gallons per
day of effluent could be reclaimed and used at the Port. The
estimated overall cost of designing, securing rights-of-way for
the pipeline and construction is $3 million. The second project
would utilize treated effluent from the South Sewage Treatment
Plant at the University of Texas/Texas Southmost College for
irrigation purposes. The overall estimated cost of constructing
the pipeline to the University is $2 million. The federal cost
share for both pipelines is limited to 25 percent.

Committee Action

H.R. 2960 was introduced by Congressman Solomon Ortiz (D-
TX) on July 25, 2003. The bill was referred to the Committee on
resources and within the Committee to the Subcommittee on Water
and Power. On September 10, 2003, the Subcommittee on Water and
Power held a hearing on the bill. On October 30, 2003, the
Subcommittee met to mark up H.R. 2960. No amendments were
offered and the bill was forwarded to the Full Resources
Committee by unanimous consent. On July 14, 2004, the Full
Resources Committee met to mark up the bill. No amendments were
offered and the bill was favorably reported to the House of
Representatives by unanimous consent.

Section-by-Section Analysis

Section 1. Brownsville Public Utility Board Water Recycling and
Desalinization Project

This section adds the ``Brownsville Public Utility Board
Water Recycling and Desalinization Project'' to the list of
authorized projects under the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575). The
section states that the federal cost share shall not exceed 25
percent of the total project costs and that these funds shall
not be used for operation and maintenance. The section also
makes a conforming amendment to Public Law 102-575 to add the
project to the list of authorized projects.

Committee Oversight Findings and Recommendations

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.

Constitutional Authority Statement

Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.

Compliance With House Rule XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the Brownsville
Public Utility water recycling and desalinization project.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:

H.R. 2960--A bill to amend the Reclamation Wastewater and Groundwater
Study and Facilities Act to authorize the Secretary of the
Interior to participate in the Brownsville Public Utility Board
water recycling and desalinization project

Summary: H.R. 2960 would authorize the Secretary of the
Interior to participate in the design, planning, and
construction of facilities to reclaim, reuse, and treat water
in cooperation with the Brownsville Public Utility Board in
Texas. The federal share of the cost of the project could not
exceed 25 percent, or a maximum of $20 million.
Assuming appropriation of the necessary funds, CBO
estimates that implementing H.R. 2960 would cost $18 million
over the 2005-2009 period and an additional $2 million after
that period. Enacting this bill would not affect direct
spending or revenues.
H.R. 2960 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. The federal funds authorized by this bill would
benefit local govenments in Texas. Any expenditures made by
those governments to provide the required matching funds would
be made voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2960 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level................................. 4 4 4 4 4
Estimated Outlays............................................. 3 3 4 4 4
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that H.R.
2960 will be enacted near the start of fiscal year 2005 and
that the authorized amount will be appropriated in equal
amounts over the 2005-2009 period. Based on historical spending
patterns of similar projects, CBO estimates that implementing
this bill would cost $18 million over the 2005-2009 period and
an additional $2 million after that period.
According to the Bureau of Reclamation, the feasibility
study for this project is in the early stages of development
and will not be completed until 2005. At this point, the agency
is not clear on the direction the project will take, and no
information on the potential scope of the project is currently
available. Because the project authorization under H.R. 2960 is
very broad, CBO assumes that the federal share of the project's
cost would be the maximum of $20 million.
Intergovernmetnal and private sector impact: H.R. 2960
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The federal funds authorized by this bill
would benefit local governments in Texas. Any expenditures made
by those governments to provide the required matching funds
would be made voluntarily.
Estimate prepared by: Federal Costs: Julie Middleton;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; and Impact on the Private Sector: Karen Raupp.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Preemption of State, Local or Tribal Law

This bill is not intended to preempt any State, local or
tribal law.

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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):

RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

(Public Law 102-575)

* * * * * * *
SEC. 2. DEFINITION AND TABLE OF CONTENTS.

For purposes of this Act, the term ``Secretary'' means the
Secretary of the Interior.

TABLE OF CONTENTS

Sec. 1. Short title.
* * * * * * *

TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES

Sec. 1601. Short title.
* * * * * * *
Sec. 163_. Brownsville Public Utility Board water recycling and
desalinization project.
* * * * * * *

TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

SEC. 1601. SHORT TITLE.

This title may be referred to as the ``Reclamation Wastewater
and Groundwater Study and Facilities Act''.

* * * * * * *

SEC. 163__. BROWNSVILLE PUBLIC UTILITY BOARD WATER RECYCLING AND
DESALINIZATION PROJECT.

(a) In General.--The Secretary, in cooperation with the
Brownsville Public Utility Board, may participate in the
design, planning, and construction of facilities to reclaim,
reuse, and treat impaired waters in the Brownsville, Texas,
area.
(b) Cost Sharing.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25 percent
of the total cost of the project.
(c) Limitation.--Funds provided by the Secretary shall not be
used for operation and maintenance of the project described in
subsection (a).

* * * * * * *