[DOCID: f:hr634.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-634
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LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION ACT OF 2008
_______
May 13, 2008.--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. 2649]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2649) to make amendments to the Reclamation Projects
Authorization and Adjustment Act of 1992, having considered the
same, reports favorably thereon with an amendment and
recommends 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 ``Lake Hodges Surface Water Improvement
and Reclamation Act of 2008''.
SEC. 2. PROJECT AUTHORIZATION.
(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 inserting after section 16__the following:
``SEC. 16__. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Olivenhain Municipal Water District, California, is authorized to
participate in the design, planning, and construction of projects to
treat, reclaim, and reuse impaired surface water from Lakes Hodges in
San Diego County, California.
``(b) Cost Share.--The Federal share of the costs of the projects
authorized by this section shall not exceed 25 percent of the total
cost.
``(c) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of a project authorized by this section.''.
(b) Clerical Amendment.--The table of sections in section 2 of the
Reclamation Projects Authorization and Adjustment Act of 1992 is
amended by inserting after the item relating to section 163__ the
following:
``Sec. 163__. Lake Hodges surface water improvement and reclamation
project.''.
Purpose of the Bill
The purpose of H.R. 2649 is to make amendments to the
Reclamation Projects Authorization and Adjustment Act of 1992.
Background and Need for Legislation
The Lake Hodges Surface Water Improvement and Reclamation
Project will provide a new source of water to the Olivenhain
Water Treatment Plant. The treatment plant currently uses
membrane water purification technology to create drinking water
from a mixture of local water sources, including the Colorado
River and the California State Water Project.
The Lake Hodges Surface Water Improvement and Reclamation
Project will pre-treat and deliver impaired surface water from
nearby Lake Hodges not currently available for consumptive use.
Lake Hodges was added to the list of impaired water bodies by
the California State Water Resources Control Board in 2003.
Once complete, the project will pre-treat 13,000 acre feet of
Lake Hodges water, and provide a new local water supply to the
region.
The plant is part of the North San Diego County Area Water
Recycling Project. This larger water recycling system is the
result of a cooperative effort by the San Elijo Joint Powers
Authority, the Carlsbad Municipal Water District, the
Olivenhain Municipal Water District, and the Leucadia
Wastewater District. It consists of planning, design, and
construction of facilities to reclaim and reuse approximately
15,350 acre-feet of water annually in the North San Diego
County area to reduce the region's dependence on imported water
supplies and wastewater discharges to the ocean. The Lake
Hodges Surface Water Improvement and Reclamation Project is
expected to add to the capacity of the system by providing more
water to the approximately 58,000 customers the Olivenhain
Municipal Water District serves in North San Diego County.
Committee Action
H.R. 2649 was introduced on June 11, 2007, by Rep. Brian
Bilbray (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. Identical legislation was the subject of a
Water and Power Subcommittee hearing in the 109th Congress on
July 12, 2006.
On April 23, 2008, the Subcommittee met to mark up the
bill. Chairwoman Grace Napolitano (D-CA) offered an amendment
in the nature of a substitute to rename the short title of the
bill the Lake Hodges Surface Water Improvement and Reclamation
Project, and to authorize the project under Title XVI of Public
Law 102-575. It was adopted by unanimous consent. The bill was
then forwarded to the Full Committee by unanimous consent.
On April 30, 2008, the Full Natural Resources Committee met
to consider the bill. The bill as amended by the Subcommittee
on Water and Power was ordered favorably reported to the House
of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the legislation may be cited as the
``Lake Hodges Surface Water Improvement and Reclamation Act of
2008.''
Section 2. Project authorization
Section 2(a) amends the Reclamation Wastewater and
Groundwater Study and Facilities Act to include the Lake Hodges
Surface Water Improvement and Reclamation Project.
This section also authorizes the Secretary to participate
in the planning, design, and construction of the project;
limits the federal share of the cost of the project to 25%; and
prohibits federal funds from being used in the operation and
maintenance of the project.
Section 2(b) provides a clerical amendment to the table of
sections in the Reclamation Projects Authorization and
Adjustment Act of 1992.
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 make amendments to the Reclamation
Projects Authorization and Adjustment Act of 1992.
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. 2649--Lake Hodges Surface Water Improvement and Reclamation Act of
2008
Summary: H.R. 2649 would authorize the Secretary of the
Interior to help plan, design, and construct projects to treat,
reclaim, and reuse water from Lake Hodges in San Diego County,
California.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 2649 would cost $14 million
over the 2009-2013 period. Enacting the legislation would not
affect direct spending or revenues.
H.R. 2649 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: The estimated
budgetary impact of H.R. 2649 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--
------------------------------------------------------
2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................ 4 5 5 0 0
Estimated Outlays........................................ 2 4 6 2 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by the beginning of fiscal year
2009 and that the necessary amounts will be appropriated for
each year.
H.R. 2649 would authorize the Secretary of the Interior to
help plan, design, and construct projects to treat, reclaim,
and reuse water from Lake Hodges in San Diego County,
California. Based on information from the Department of the
Interior, CBO estimates that the total cost of those projects
would be $56 million.
Under the legislation, the Federal share of those costs
would be limited to the lesser of 25 percent or $14 million.
Federal funds would not be available for operating and
maintaining the projects.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost $14
million over the 2009-2013 period.
Intergovernmental and private-sector impact: H.R. 2649
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
tribal governments.
Estimate prepared by: Federal costs: Tyler Kruzich; Impact
on State, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 2649 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 GROUND WATER STUDIES
Sec. 1601. Short title.
* * * * * * *
Sec. 163__. Lake Hodges surface water improvement and reclamation
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. 16__. LAKE HODGES SURFACE WATER IMPROVEMENT AND RECLAMATION
PROJECT.
(a) Authorization.--The Secretary, in cooperation with the
Olivenhain Municipal Water District, California, is authorized
to participate in the design, planning, and construction of
projects to treat, reclaim, and reuse impaired surface water
from Lakes Hodges in San Diego County, California.
(b) Cost Share.--The Federal share of the costs of the
projects authorized by this section shall not exceed 25 percent
of the total cost.
(c) Limitation.--The Secretary shall not provide funds for
the operation or maintenance of a project authorized by this
section.
* * * * * * *
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