[House Report 109-167]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-167
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EXTENSION OF PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS
_______
July 13, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 1359]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1359) to amend the Federal Water
Pollution Control Act to extend the pilot program for
alternative water source projects, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
Section 220(j) of the Federal Water Pollution Control Act (33 U.S.C.
1300(j)) is amended in the first sentence by striking ``$75,000,000 for
fiscal years 2002 through 2004'' and inserting ``$125,000,000''.
Purpose of the Legislation
H.R. 1359 amends section 220 of the Federal Water Pollution
Control Act (the Clean Water Act) to reauthorize appropriations
for the Environmental Protection Agency (EPA) to provide grants
for alternative water source projects to meet critical water
supply needs.
Background and Need for Legislation
In recent years, there has been increasing interest by
communities across the Nation and by Congress in ensuring the
availability of water sources to meet future water supply
needs. Growth in population and increasing environmental
awareness are causing many communities to explore alternative
water supplies through reclamation, reuse, and conservation.
While Clean Water Act construction grants (before Fiscal Year
1991) and State Revolving Loan Funds (since Fiscal Year 1989)
have been available for such activities, most expenditures to
date have been for more traditional wastewater projects, and
not for enhancing water supplies through wastewater reuse and
water recycling.
To provide Federal assistance, in 2000, in Title VI of P.L.
106-457, Congress amended the Clean Water Act to add section
220. Section 220 authorized appropriations of $75 million for
fiscal years 2002 through 2004 for EPA to make grants for
alternative water source projects to entities with authority
under State law to develop or provide water for municipal and
industrial or agricultural uses in areas that are experiencing
critical water supply needs, with a non-Federal cost share of
50 percent. This authorization has expired. Reauthorization of
section 220 of the Clean Water Act provides an authority to
help meet some critical water supply needs around the Nation.
Summary of the Legislation
H.R. 1359, as reported, would amend section 220 of the
Clean Water Act to authorize a total of $125 million for EPA
grants for alternative water source projects. There is no
fiscal year limitation on the authorization of appropriations.
Legislative History and Committee Consideration
On March 16, 2005, the Subcommittee on Water Resources and
Environment held a hearing on Member project requests for the
Water Resources Development Act of 2005. Among the Member
project requests discussed at the hearing and received by the
Subcommittee were requests for water reuse projects to augment
water supplies, although single purpose municipal and
industrial water supply projects are not a primary mission of
the Corps of Engineers and are cost-shared as 100 percent
reimbursable. In addition, in the 108th Congress, the
Subcommittee on Water Resources and Environment held hearings
on issues relating to water scarcity and demand on May 22 and
June 4, 2003.
Representative Jim Davis introduced H.R. 1359 on March 17,
2005. H.R. 1359 was referred to the Committee on Transportation
and Infrastructure. The Committee on Transportation and
Infrastructure met in open session on May 18, 2005 to consider
H.R. 1359 and other legislation. The Committee adopted by voice
vote an amendment in the nature of a substitute. The amendment
removed the fiscal year limitation on the authorization of
appropriations, leaving the total amount authorized at $125
million. The Committee ordered the bill, as amended, reported
to the House by voice vote.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
1359 reported. A motion to order H.R. 1359 reported to the
House was agreed to by voice vote.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to meet
critical water supply needs around the Nation by developing or
providing additional water for municipal, industrial, or
agricultural uses through alternative water source projects.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1359 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 27, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1359, a bill to
amend the Federal Water Pollution Control Act to extend the
pilot program for alternative water source projects.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs); and Lisa Ramirez-Branum (for the
state and local impact).
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1359--A bill to amend the Federal Water Pollution Control Act to
extend the pilot program for alternative water source projects
Summary: CBO estimates that implementing this legislation
would cost $63 million over the next five years, assuming
appropriation of the authorized amount. H.R. 1359 would extend
the authorization for an Environmental Protection Agency
program to provide grants to states, interstate and intrastate
water resource development agencies, local government agencies,
private utilities, and nonprofit entities to develop projects
that would enhance water supplies by reusing or treating
wastewater. This legislation would authorize the appropriation
of $125 million for the pilot program without any fiscal-year
limitation. Enacting the bill would not affect direct spending
or revenues.
H.R. 1359 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.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that the bill will be enacted near the
end of fiscal year 2005 and that the amount authorized will be
appropriated evenly over the five years covered by this cost
estimate, 2006 through 2010. Estimated outlays are based on
historical spending patterns of similar grant programs. The
estimated budgetary impact of H.R. 1359 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--
-------------------------------------------------
2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 25 25 25 25 25
Estimated Outlays............................................. 1 5 13 20 24
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Note: The pilot program has not been previously funded.
Intergovernmental and private-sector impact: H.R. 1359
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enacting this bill would benefit states
receiving grant funding. Those grants require a nonfederal
cost-share of at least 50 percent. Because that requirement
would be a condition for receiving federal assistance, it would
not be a mandate under UMRA.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
impact on state, local, and tribal governments: Lisa Ramirez-
Branum; impact on the private sector: Jean Talarico.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates 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 (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 1359 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation 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).
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 italic, existing law in which no change is
proposed is shown in roman):
SECTION 220 OF THE FEDERAL WATER POLLUTION CONTROL ACT
SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) * * *
* * * * * * *
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
[$75,000,000 for fiscal years 2002 through 2004] $125,000,000.
Such sums shall remain available until expended.