House Report 110-252 - BAY AREA REGIONAL WATER RECYCLING PROGRAM AUTHORIZATION ACT OF 2007

[House Report 110-252]
[From the U.S. Government Publishing Office]

110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-252

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

BAY AREA REGIONAL WATER RECYCLING PROGRAM AUTHORIZATION ACT OF 2007

_______

July 23, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Rahall, from the Committee on Natural Resources, submitted the
following

R E P O R T

[To accompany H.R. 1526]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred the
bill (H.R. 1526) to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the Bay Area
Regional Water Recycling Program, and for other purposes,
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. SHORT TITLE.

This Act may be cited as the ``Bay Area Regional Water Recycling
Program Authorization Act of 2007''.

SEC. 2. PROJECT AUTHORIZATIONS.

(a) In General.--The Reclamation Wastewater and Groundwater Study and
Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.)
is amended by adding at the end the following:

``SEC. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the City of
Palo Alto, California, and the City of Mountain View, California, is
authorized to participate in the design, planning, and construction of
recycled water distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.

``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the City of
Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,750,000.

``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the City of
Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.

``SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the North
Coast County Water District, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.

``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the City of
Redwood City, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.

``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with the South
County Regional Wastewater Authority and the Santa Clara Valley Water
District, is authorized to participate in the design, planning, and
construction of recycled water system distribution facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.

``SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.

``(a) Authorization.--The Secretary, in cooperation with the City of
San Jose, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water treatment facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.''.
(b) Conforming Amendments.--The table of sections for Public Law 102-
575 is amended by inserting after the last item relating to title XVI
the following:

``Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. North Coast County Water District Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.
``Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.''.

SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT.

It is the intent of Congress that a comprehensive water recycling
program for the San Francisco Bay Area include the San Jose Area water
reclamation and reuse program authorized by section 1607 of the
Reclamation Projects Authorization and Adjustment Act of 1992 (43
U.S.C. 390h-5).

Purpose of the Bill

The purpose of H.R. 1526 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Secretary of the Interior to participate in the
design and construction of seven water recycling projects as
part of the Bay Area Regional Water Recycling Program (BARWRP).

Background and Need for Legislation

H.R. 1526 would authorize limited federal financial
assistance for the design and construction of a water recycling
and water reuse plant in Santa Rosa, California by amending the
Reclamation Wastewater and Groundwater Study and Facilities Act
(Title XVI of P.L. 102-575).
H.R. 1526, when completed, will provide 1,000 million
gallons of recycled water (3,000 acre-feet) per year to
irrigate parks, median strips, new developments, business parks
and other urban irrigation needs. This will help avoid both
fresh water withdrawals and treated wastewater discharges into
the Russian River.

Committee Action

Rep. George Miller introduced H.R. 1526 on March 14, 2007.
The bill has seven cosponsors. Similar legislation was
introduced by Rep. Miller in the 109th Congress (H.R. 6218),
but no action was taken on that bill. There is no Senate
companion bill.
The bill was referred to the Committee on Natural
Resources, Subcommittee on Water and Power. A hearing was held
on H.R. 1526 on May 24, 2007 at which there was no opposition
to either of these projects, and the proposed legislation was
deemed uncontroversial. On June 12, 2007, the Subcommittee met
to mark up the bill. Two non-controversial amendments were
introduced. The first amendment increased the Pittsburg project
by $350,000. The second amendment changed the language in
Section 3 to reflect the Senate language. H.R. 1526, as
amended, was adopted by unanimous consent and then forwarded to
the Full Committee. On June 27, 2007, the Full Natural
Resources Committee met to consider the bill. H.R. 1526 was
favorably reported to the House of Representatives, as amended,
by voice vote.

Section-by-Section Analysis

Section 1. Short title

Section 1 lists the short title as the ``Bay Area Regional
Water Recycling Program Authorization Act of 2007''.

Section 2. Project authorizations

Section 2 amends the Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, title XVI; 43
U.S.C. 390h et seq.) by authorizing the Secretary of the
Interior to participate in the design and construction of seven
water recycling projects that will be part of the Bay Area
Regional Water Recycling Program (BARWRP).
The legislation specifies that the federal government is
responsible for $27,850,000, equal to 25 percent of the capital
costs of the seven respective projects. The costs for each
project are as follows: $5 million for the Mountain View--
Moffett Area Reclaimed Water Pipeline Project; $1.75 million
for the City of Pittsburg Project; $2.25 million for the City
of Antioch Project, $2.5 million for the North Coast County
Water District Project; $1.1 million for the Redwood City
Project; $7 million for the City of Gilroy/Santa Clara Valley
Water District project; and $8.25 million for the South Bay
Advanced Recycled Water Treatment Facility.

Section 3. San Jose Area Water Reclamation and Reuse Project

The city of San Jose Project was initially authorized in
the Reclamation Wastewater and Groundwater Study and Facilities
Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.).
While authorized 15 years ago, the Department of the Interior
has been slow to request appropriate funding, and this project
has not been fully funded by Congress. Section 3 was included
in H.R. 1526 to express Congress' concern for the lack of
adequate funding for this project. The bill was amended at
Subcommittee to reflect the Senate language in S. 1475,
indicating that the San Jose Area Water Reclamation and Reuse
Project is an important part of the collaborative regional
effort to meet the water challenges facing the San Francisco
Bay Area and the State of California.

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 Natural 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 design and
construction of seven water recycling projects as part of the
Bay Area Regional Water Recycling Program (BARWRP).
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. 1526--Bay Area Regional Water Recycling Program Authorization Act
of 2007

Summary: H.R. 1526 would authorize the Secretary of the
Interior to participate in the planning, design, and
construction of several water recycling projects in the San
Francisco Bay area of California.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 1526 would cost $28 million
over the 2008-2012 period. Enacting the bill would not affect
direct spending or revenues.
H.R. 1526 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1526 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--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................... 12 12 4 0 0
Estimated Outlays.................................................. 10 14 4 0 0
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2007 and that
the necessary amounts will be appropriated for each year.
H.R. 1526 would authorize the Secretary of the Interior to
participate in the planning, design, and construction of
several water recycling projects in the San Francisco Bay area
of California. The projects would be constructed with the
cooperation of the affected municipalities. Based on
information from the Department of the Interior, CBO estimates
that the total cost of all the projects would be about $110
million.
Under the legislation, the federal share of the cost of the
project would be limited to the lesser of 25 percent of the
total cost or $28 million, and federal funds would not be
available for operation and maintenance of the projects.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost $28
million (25 percent of $110 million) over the 2008-2012 period.
Intergovernmental and private-sector impact: H.R. 1526
contains no intergovernmental or private-sector mandates as
defined in UMRA. The amounts authorized to be appropriated by
the bill would benefit a number of cities and water districts
in California.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Leo Lex; Impact on the
Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Earmark Statement

H.R. 1526 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.

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)

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Reclamation Projects
Authorization and Adjustment Act of 1992''.

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 GROUNDWATER STUDIES

Sec. 1601. Short title.
* * * * * * *
Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
Sec. 16xx. Pittsburg Recycled Water Project.
Sec. 16xx. Antioch Recycled Water Project.
Sec. 16xx. North Coast County Water District Recycled Water Project.
Sec. 16xx. Redwood City Recycled Water Project.
Sec. 16xx. South Santa Clara County Recycled Water Project.
Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.

* * * * * * *

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. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE
PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
City of Palo Alto, California, and the City of Mountain View,
California, is authorized to participate in the design,
planning, and construction of recycled water distribution
systems.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $5,000,000.

SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
City of Pittsburg, California, and the Delta Diablo Sanitation
District, is authorized to participate in the design, planning,
and construction of recycled water system facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $1,750,000.

SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
City of Antioch, California, and the Delta Diablo Sanitation
District, is authorized to participate in the design, planning,
and construction of recycled water system facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,250,000.

SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
North Coast County Water District, is authorized to participate
in the design, planning, and construction of recycled water
system facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $2,500,000.

SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
City of Redwood City, California, is authorized to participate
in the design, planning, and construction of recycled water
system facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $1,100,000.

SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
South County Regional Wastewater Authority and the Santa Clara
Valley Water District, is authorized to participate in the
design, planning, and construction of recycled water system
distribution facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $7,000,000.

SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.

(a) Authorization.--The Secretary, in cooperation with the
City of San Jose, California, and the Santa Clara Valley Water
District, is authorized to participate in the design, planning,
and construction of recycled water treatment facilities.
(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the
total cost of the project.
(c) Limitation.--The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $8,250,000.

* * * * * * *