[DOCID: f:hr685p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-685
HOUSE OF REPRESENTATIVES
2d Session Part 1
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TO PROVIDE FOR A STUDY BY THE NATIONAL ACADEMY OF SCIENCES OF POTENTIAL
IMPACTS OF CLIMATE CHANGE ON WATER RESOURCES AND WATER QUALITY
_______
June 4, 2008.--Ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5770]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5770) to provide for a study by the
National Academy of Sciences of potential impacts of climate
change on water resources and water quality, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
PURPOSE OF THE LEGISLATION
H.R. 5770 provides for a study by the National Academy of
Sciences of potential impacts of climate change on water
resources and water quality.
BACKGROUND AND NEED FOR LEGISLATION
In February 2007, the Intergovernmental Panel on Climate
Change (``IPCC'') declared that evidence of atmospheric warming
is ``unequivocal''. The IPCC also stated with ``very high
confidence'' that human activities have resulted in global
climate change, and more specifically, global warming. The IPCC
defines climate change as ``any change in climate over time,
whether due to natural variability or as a result of human
activity.'' The results of this change may result--and to a
degree has already been observed--in sea level rise, increased
hurricane and storm activity, and changed precipitation
patterns resulting in more frequent floods and droughts, among
other impacts.
Climate change could negatively impact the nation's water
resources as well as its water infrastructure. The Federal
Government's interagency climate research program, the U.S.
Global Change Research Program, has stated:
In many cases and in many locations, there is
compelling scientific evidence that climate changes
will pose serious challenges to our water systems.
Increased evaporation of surface water and decreased
precipitation in some areas can lead to drought, as well as a
higher concentration of contaminants in surface water.
Increased precipitation and extreme weather events can lead to
increased runoff and contamination of surface water as well as
an increase in water-borne disease outbreaks.
A 2001 study in the American Journal of Public Health
showed that between 1948 and 1994, 68 percent of all
waterborne-disease outbreaks in the United States occurred
after rainfall events that ranked in the top 20 percent of all
precipitation events by the amount of water deposited. Climate
change is anticipated to result in a higher frequency of
extreme wet weather events in some areas. Sea level rise will
result in increased saltwater intrusion into coastal aquifers
and water supply intakes in rivers. Warmer water temperatures
can result in increased microbial and algal growth in surface
water and water distribution systems. Warmer winter
temperatures and earlier springs can result in decreased snow-
pack and earlier runoff from snow melt. Uncertainty does exist
as to the specific location, timing, and magnitude of these
anticipated impacts.
In its draft National Water Program Strategy: Response to
Climate Change, the Environmental Protection Agency's (``EPA'')
Office of Water indicates that warmer air temperatures will
result in warmer water. Warmer water will result in declining
levels of dissolved oxygen, increased incidences of hypoxia
(low oxygen levels result in harm or death of aquatic species),
more harmful algal blooms, and changed toxicity of some
pollutants. In sum, EPA finds that, even if pollution levels
remain stable, the number of waters recognized as ``impaired''
is likely to increase.
Today, there is considerable debate whether existing
statutory authorities for protecting water quality, including
whether the Federal Water Pollution Control Act (``Clean Water
Act'') National Pollutant Discharge Elimination System
(``NPDES'') permits, are adequate to address the challenges
posed by climate change.
SUMMARY OF THE LEGISLATION
Section 1. Study of potential impacts of climate change on water
resources and water quality
Subsection (a) calls for the Administrator of the U.S.
Environmental Protection Agency to enter into an agreement with
the National Academy of Sciences for the Academy to prepare a
study on potential impacts of climate change on water resources
and water quality. The study will consist of two parts.
Subsection (a)(1) requires the study to look at the
potential impacts of climate change on the hydrology and water
quality of the nation's watersheds and water resources.
Subsection (a)(2) requires the study to identify the
scientific consensus, assumptions, and uncertainties regarding
climate change predictions; assess the effects of climate
change on State and Federal implementation of the Clean Water
Act; identify steps that EPA and States should take to assess
emerging information on the impacts of climate change on water
resources and water quality with regard to implementation of
the Clean Water Act, as well as appropriate responses they
should take to meet the requirements of the Clean Water Act
(including the maintenance of water quality standards and
adequate stream flow for wetlands and aquatic resources); and
recommend legislative or regulatory changes to address and
adapt to the impacts of climate change in order to meet the
goals of the Clean Water Act.
Subsection (b) requires the Administrator to submit a
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate based on the findings of the
National Academy of Sciences study.
Subsection (c) authorizes $1,500,000 to be appropriated to
carry out the requirements of this Act.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
The Committee on Transportation and Infrastructure held two
hearings on climate change and energy independence in 2007. On
May 11, 2007, the Committee held a hearing, entitled
``Administration Proposals on Climate Change and Energy
Independence''. On May 16, 2007, the Committee held a hearing,
entitled ``Climate Change and Energy Independence:
Transportation and Infrastructure Issues''.
On June 13, 2007, Chairman James L. Oberstar introduced
H.R. 2701, the ``Transportation Energy Security and Climate
Change Mitigation Act of 2007''. Section 704 of this Act
included a similar study on the potential impacts of climate
change on water resources and water quality. On June 20, 2007,
the Committee held a markup of H.R. 2701, during which section
704 of H.R. 2701 was modified by a compromise amendment. On
June 20, 2007, H.R. 2701 was ordered reported favorably to the
House by voice vote.
On July 30, 2007, Speaker of the House Nancy Pelosi
introduced H.R. 3221, the ``New Direction for Energy
Independence, National Security, and Consumer Protection Act''.
This legislation incorporated section 704 of H.R. 2701, as
ordered reported by the Committee on Transportation and
Infrastructure, as section 8703 of H.R. 3221. On August 4,
2007, the House passed H.R. 3221. However, this section was not
included in the final version of P.L. 110-140, the ``Energy
Independence and Security Act of 2007''.
On April 10, 2008, Representative John Hall introduced H.R.
5770. H.R. 5770 is modeled on the climate change study
provision contained in H.R. 2701 and H.R. 3221.
On May 7, 2008, the Subcommittee on Water Resources and
Environment met to consider H.R. 5770. The Subcommittee
approved H.R. 5770 and favorably recommended it to the
Committee on Transportation and Infrastructure by voice vote.
On May 15, 2008, the Committee on Transportation and
Infrastructure met in open session, and ordered H.R. 5770
reported to the House by voice vote with a quorum present.
RECORD 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 record 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 consideration
of H.R. 5770 or ordering it reported. A motion to order H.R.
5770 reported favorably to the House was agreed to by voice
vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(I) 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 in the report.
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 is to
authorize a study to be undertaken by the National Academy of
Sciences to assess the potential impacts of climate change on
water resources and water quality, and provide recommendations
for any necessary statutory or regulatory changes to the Clean
Water Act as a result of climate change impacts, to meet the
goals of the Clean Water Act.
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 enclosed cost estimate for H.R. 5770
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 22, 2008.
Hon. James L. Oberstar,
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. 5770, a bill to
provide for a study by the National Academy of Sciences of
potential impacts of climate change on water resources and
water quality.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Leigh Angres.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 5770--A bill to provide for a study by the National Academy of
Sciences of potential impacts of climate change on water
resources and water quality
H.R. 5770 would authorize the appropriation of $1.5 million
for the Environmental Protection Agency (EPA) to enter into an
agreement with the National Academy of Sciences to prepare a
study on the potential effects of climate change on water
resources and quality. The bill would require the EPA to submit
the study to the Congress within two years of enactment. CBO
estimates that implementing this bill would cost $1.5 million
over the 2009-2010 period.
H.R. 5770 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Leigh Angres.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 5770, the Water Quality Investment Act
of 2007, 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 of the Rules of the House of
Representatives.
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. 5770 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
H.R. 5770 makes no changes in existing law.
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