[Senate Report 109-353]
[From the U.S. Government Publishing Office]
Calendar No. 647
109th Congress Report
SENATE
2d Session 109-353
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DANA POINT DESALINATION PROJECT AUTHORIZATION ACT
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September 27, 2006.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 3929]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (H.R. 3929) to amend the Water Desalination Act
of 1996, to authorize the Secretary of the Interior to assist
in research and development, environmental and feasibility
studies, and preliminary engineering for the Municipal Water
District of Orange County, California, Dana Point Desalination
Project located at Dana Point, California, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
General Statement and Background
The oceans account for approximately 97.4% of the world's
water. Another 2% is locked up in ice caps and glaciers.
Subtracting saline ground water and inland saline seas from the
remainder, less than 0.5% of the Earth's water is directly
suitable for human consumption, agricultural or industrial
uses.\1\ In recent years, desalination has increasingly been
used to produce potable water from brackish groundwater and
seawater to both improve the quality of fresh water for
drinking and industrial uses, and to treat industrial
wastewater prior to discharge and reuse. The use of
desalination technologies for treating fresh, brackish, and
contaminated water supplies may continue to increase due to the
increasing shortage of usable surface and groundwater supplies
in many parts of the United States. While large-scale seawater
desalination plants remain expensive, in recent years many
coastal communities are moving toward desalting seawater to
supplement freshwater supplies.
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\1\http://ncseonline.org/nle/crsreports/water/h2o-34.cfm.
Congressional Research Service. ``Desalination R&D: The New Federal
Program,'' February, 1999. Page 1-2. Original located in Congressional
Research Service Archives.
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The Water Desalination Act of 1996 (Public Law 104-298)
authorized an expanded United States research and development
program to produce the most cost-effective and technologically
efficient means by which usable water could be produced from
saline water or water otherwise impaired or contaminated. Under
the Act, the Secretary of Interior is authorized to award
competitive grants and to enter into competitive contracts,
based on annual appropriations, to conduct, encourage, and
assist in the financing of research to develop processes for
converting saline water into water suitable for beneficial
uses.
H.R. 3929 amends the Water Desalination Act of 1996 to
authorize up to $2.5 million in federal funding to assist the
Municipal Water District in Orange County in conducting
preliminary engineering and environmental studies on the Dana
Point Desalination Project. The Municipal Water District of
Orange County provides wholesale water to 30 cities and retail
water agencies in Orange County, California. Tremendous
population growth combined with the limitation placed on
current water supplies, primarily from the Colorado River and
the Sacramento/San Joaquin Bay-Delta, have both been causal
factors in the Water District's concerted look at desalination
as a cost-effective option. If found feasible under Bureau of
Reclamation standards and guidelines, the Dana Point Project
would use a unique subsurface ocean intake system that would
seek to reduce impacts on the environment, cut down on pre-
treatment costs related to desalination, and deliver between
15,000 and 20,000 acre-feet of water per year to Orange County
water consumers.
It also authorizes $500,000 for a comparative feasibility
study for supplying potable water to Central and Southern Rhode
Island through desalinization, conservation, development of
additional water supplies and increased water use efficiency.
Objectives of the Legislation
H.R. 3929 amends the Water Desalination Act of 1996 to
authorize the Secretary of Interior to assist in research and
development, environmental and feasibility studies, and
preliminary engineering for the Municipal Water District of
Orange County, California, Dana Point Desalination Project
located at Dana Point, California.
Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Dana Point Desalination
Project Authorization Act.''
Section 2. Authorization for Dana Point Desalination Project
This section amends the Water Desalination Act of 1996
(P.L. 104-298) to authorize the Secretary of the Interior to
assist the Municipal Water District of Orange County,
California in research and development, environmental and
feasibility studies, and preliminary engineering for the Dana
Point Desalination Project at Dana Point, California. This
section reduces the maximum allowed federal cost of the project
to 25 percent from the maximum of 50 percent under the Act;
authorizes $2.5 million to be appropriated to the Secretary to
carry out this section; and includes a sunset provision of 10
years for the Secretary to carry out any provisions under this
section.
Section 3. Authorization for Rhode Island desalination study
This section authorizes $500,000 for the Secretary, working
in coordination with the University of Rhode Island, the Rhode
Island Water Resources Board, and a coalition of businesses and
nonprofit organizations known as the Rhode Island Coalition for
Water Security, to conduct a comparative study exploring
options for supplying potable water to Central and Southern
Rhode Island. The study assesses the cost-effectiveness and
environmental impact of several options,including desalination,
reduced nonessential use of potable water, wastewater reuse, increased
water use efficiency, and development of additional ground and surface
supplies. Currently, the central and southern portions of Rhode Island
are experiencing a potable water supply shortage due to reduced water
resources, aquifer limitations, and saltwater intrusion. This study is
critical for developing a coherent and comprehensive policy for Rhode
Island that takes into consideration desalination and other options for
drinking water supply.
Legislative History
On September 28, 2005, Representative Ken Calvert (R-CA)
introduced H.R. 3929, which was cosponsored by Representatives
Miller, Rohrabacher, and Royce. The bill was referred to the
House Committee on Resources Subcommittee on Water and Power
and the House Committee on Science. On October 5, 2005, the
Subcommittee on Water and Power held a hearing on the bill. On
December 12, 2005, H.R. 3929 was reported with an amendment and
discharged, respectively, by the House Resources Committee and
the House Science Committee. Under suspension of the rules, the
House of Representatives approved H.R. 3929 on May 2, 2006 by
voice vote. Upon receipt by the Senate, H.R. 3929 was received,
read twice, and referred to the Senate Committee on Environment
and Public Works. The Committee met on September 13, 2006, to
consider the bill. H.R. 3929 was ordered favorably reported
with amendment by voice vote.
Hearings
No Senate committee hearings were held on H.R. 3929.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 3929, the Dana Point Desalination Project
Authorization Act, on September 13, 2006. An amendment was
offered by Senator Voinovich on behalf of Senator Chafee to add
language authorizing a study for supplying potable water to
Central and Southern Rhode Island. The amendment was approved
by voice vote. H.R. 3929 was ordered favorably reported by
voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that H.R. 3929 would
not impose Federal intergovernmental unfunded mandates on
State, local, or tribal governments.
Cost of Legislation
H.R. 3929--Dana Point Desalination Project Authorization Act
Summary: H.R. 3929 would authorize the Secretary of the
Interior to assist the Municipal Water District of Orange
County with research and development activities, environmental
and feasibility studies, and preliminary engineering for a
desalination plant in Dana Point, California. The act would
authorize the appropriation of $2.5 million for these
activities. The authority would terminate within 10 years, and
the federal share of the project's studies and initial
engineering costs could not exceed 25 percent. In addition, the
act would authorize the appropriation of $500,000 for a
feasibility study to assess the cost-effectiveness and
environmental impact of different techniques for providing
potable water to the state of Rhode Island.
Assuming appropriation of the authorized amount, CBO
estimates that implementing H.R. 3929 would cost $3 million
over the 2007-2008 period. Enacting H.R. 3929 would not affect
direct spending or revenues.
H.R. 3929 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
the act would benefit the state of Rhode Island and Orange
County, California, and any costs would be incurred
voluntarily.
Estimated cost to the Federal Government:The estimated
budgetary impact of H.R. 3929 is shown in the following table. The
costs of this legislation fall within budget function 300 (natural
resources and environment).
For this estimate, CBO assumes that H.R. 3929 will be
enacted near the beginning of fiscal year 2007 and that the
authorized amounts will be appropriated in fiscal year 2007.
Based on historical spending patterns of similar projects, CBO
estimates that implementing this act would cost $3 million over
the 2007-2008 period.
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By fiscal year, in millions of dollars--
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2007 2008 2009 2010 2011
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 3 0 0 0 0
Estimated Outlays.................................................. 2 1 0 0 0
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Intergovernmental and private-sector impact: H.R. 3929
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The act would authorize funding for
desalination activities that would benefit the state of Rhode
Island and the water district in Orange County, California. Any
costs incurred would be voluntary.
Previous CBO estimate: On November 30, 2005, CBO
transmitted a cost estimate for H.R. 3929 as ordered reported
by the House Committee on Resources on November 16, 2005. That
version of the legislation did not include an authorization of
appropriations for a potable water supply feasibility study for
the state of Rhode Island. CBO's cost estimates reflect the
different levels of authorized funding in the two versions of
the legislation.
Estimate prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum. Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
WATER DESALINATION ACT OF 1996
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Desalination Act of
1996''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) * * *
* * * * * * *
SEC. 9. CONSULTATION.
In carrying out the provisions of this Act, the Secretary
shall consult with the heads of other Federal agencies,
including the Secretary of the Army, which have experience in
conducting desalination research or operating desalination
facilities. The authorization provided for in this Act shall
not prohibit other agencies from carrying out separately
authorized programs for desalination research or operations.
SEC. 10. DANA POINT DESALINATION RESEARCH AND FEASIBILITY RELATED
COSTS.
(a) Authority.--The Secretary may assist in research and
development, environmental and feasibility studies, and
preliminary engineering for the Municipal Water District of
Orange County, California, Dana Point Desalination Project
located at Dana Point, California.
(b) FFederal Share.--Notwithstanding section 7, the Federal
share of the costs for the project assisted under subsection
(a) shall not exceed 25 percent of the total costs of the
project.
(c) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Secretary $2,500,000 to
carry out this section.
(d) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of the enactment of this section.
SEC. 11. FEASIBILITY STUDY FOR DESALINATION TO SUPPLY CENTRAL AND
SOUTHERN RHODE ISLAND.
(a) Authority.--The Secretary, in coordination with the
University of Rhode Island, the Rhode Island Coalition for
Water Security, and the Rhode Island Water Resources Board,
shall conduct a comparative study to assess the cost-
effectiveness and the environmental impact of providing a
potable water supply to central and southern Rhode Island by--
(1) desalination;
(2) reduced nonessential use of potable water;
(3) wastewater reuse;
(4) increased water use efficiency; and
(5) development of additional ground and surface
supplies.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$500,000.
* * * * * * *