[DOCID: f:hr458.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-458
======================================================================
NORTH BAY WATER REUSE PROGRAM ACT OF 2007
_______
December 4, 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. 236]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 236) to authorize the Secretary of the Interior
to create a Bureau of Reclamation partnership with the North
Bay Water Reuse Authority and other regional partners to
achieve objectives relating to water supply, water quality, and
environmental restoration, 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 ``North Bay Water Reuse Program Act of
2007''.
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 adding at the end the following:
``SEC. 16__. NORTH BAY WATER REUSE PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
``(A) Marin County;
``(B) Napa County;
``(C) Solano County; or
``(D) Sonoma County.
``(2) Water reclamation and reuse project.--The term `water
reclamation and reuse project' means a project carried out by
the Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
``(A) water quality improvement;
``(B) wastewater treatment;
``(C) water reclamation and reuse;
``(D) groundwater recharge and protection;
``(E) surface water augmentation; or
``(F) other related improvements.
``(3) State.--The term `State' means the State of California.
``(b) North Bay Water Reuse Program.--
``(1) In general.--Contingent upon a finding of feasibility,
the Secretary, acting through a cooperative agreement with the
State or a subdivision of the State, is authorized to enter
into cooperative agreements with eligible entities for the
planning, design, and construction of water reclamation and
reuse facilities and recycled water conveyance and distribution
systems.
``(2) Coordination with other federal agencies.--In carrying
out this section, the Secretary and the eligible entity shall,
to the maximum extent practicable, use the design work and
environmental evaluations initiated by--
``(A) non-Federal entities; and
``(B) the Corps of Engineers in the San Pablo Bay
Watershed of the State.
``(3) Phased project.--A cooperative agreement described in
paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2
phases as follows:
``(A) First phase.--During the first phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the main
treatment and main conveyance systems.
``(B) Second phase.--During the second phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the sub-regional
distribution systems.
``(4) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of the first phase of the project authorized by this
section shall not exceed 25 percent of the total cost
of the first phase of the project.
``(B) Form of non-federal share.--The non-Federal
share may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the completion of the water reclamation and
reuse project, including--
``(i) reasonable costs incurred by the
eligible entity relating to the planning,
design, and construction of the water
reclamation and reuse project; and
``(ii) the acquisition costs of land acquired
for the project that is--
``(I) used for planning, design, and
construction of the water reclamation
and reuse project facilities; and
``(II) owned by an eligible entity
and directly related to the project.
``(C) Limitation.--The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.
``(5) Effect.--Nothing in this section--
``(A) affects or preempts--
``(i) State water law; or
``(ii) an interstate compact relating to the
allocation of water; or
``(B) confers on any non-Federal entity the ability
to exercise any Federal right to--
``(i) the water of a stream; or
``(ii) any groundwater resource.
``(6) Authorization of appropriations.--There is authorized
to be appropriated for the Federal share of the total cost of
the first phase of the project authorized by this section
$25,000,000, to remain available until expended.''.
(b) Conforming Amendment.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the last item relating
to title XVI the following:
``Sec. 16__. North Bay water reuse program.''.
Purpose of the Bill
The purpose of H.R. 236, as amended by the Committee on
Natural Resources, is to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, title
XVI), to authorize the Secretary of the Interior to provide
limited financial assistance for the planning, design, and
construction of water reclamation and reuse facilities and
recycled water conveyance and distribution systems, primarily
to serve agricultural water users in eastern Marin and southern
Sonoma counties, California.
Background and Need for Legislation
The North Bay region of northern California has very
limited surface and groundwater supplies. The area is not
served by state or federal water projects and the local
groundwater basin is declining. Urban, agricultural and
environmental demands exceed the region's ability to provide a
reliable, sustainable and economical water supply, especially
for local agriculture (mostly vineyards for wine grapes). In
addition, communities will eventually be forced to curtail
their discharges of treated wastewater into San Pablo Bay.
The North Bay Water Reuse Authority was created as a Joint
Powers Authority to address these challenges. The Authority is
a consortium of sanitation agencies and water suppliers in
Marin, Sonoma and Napa counties.
The Authority is now studying a large regional project that
will collect municipal wastewater, treat it at several new and
upgraded treatment plants, and recycle the water via a pipeline
distribution system to irrigate vineyards in the project
service area. When complete, the regional system is expected to
develop about 30,000 acre-feet per year of recycled water for
agriculture. Farmers taking recycled water from the project
must agree to reduce their use of surface water supplies by the
amount of recycled water they receive.
When demand for irrigation water is low during the winter
months, the recycled water will be used to help flush out
abandoned salt evaporation ponds at the north end of San Pablo
Bay. The ponds will eventually be converted to wetland habitat.
H.R. 236 as amended authorizes the Secretary of the
Interior, contingent upon a finding of feasibility to provide
cost-shared financial assistance, to create a partnership
between the Bureau of Reclamation and the North Bay Water Reuse
Authority and other regional partners. This funding is to be
used for the planning, design, and construction under the
Bureau of Reclamation's ``Title XVI'' water recycling and reuse
program.
The legislation authorizes appropriations of $25,000,000 as
the maximum federal share of the capital costs for the first
phase of the project.
Committee Action
H.R. 236 was introduced on January 4, 2007 by Rep. Mike
Thompson (D-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. On May 17, 2007, the Subcommittee held a
hearing on the bill. On October 16, 2007, the Subcommittee met
to mark up the bill. Subcommittee Chairwoman Grace Napolitano
(D-CA) offered an amendment in the nature of a substitute to
clarify certain language in the bill. The amendment modifies
the bill by making the project part of the existing ``Title
XVI'' water recycling program, administered by the Bureau of
Reclamation. The amendment also makes Secretarial action on the
project and accompanying conveyance and distribution systems
contingent on a final finding of feasibility. The amendment was
adopted by unanimous consent, and the bill, as amended, was
forwarded to the Full Committee on Natural Resources. On
November 15, 2007, the Full Natural Resources Committee met to
consider the bill. Subcommittee Chairwoman Napolitano offered
an amendment in the nature of a substitute to incorporate
changes made to the bill in Subcommittee markup and to include
an additional clarifying provision regarding land acquisition
for the project. The bill as amended was then ordered favorably
reported to the House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 designates the short title of the H.R. 236, as
amended, as the ``North Bay Water Reuse Program Act of 2007.''
Section 2. Project authorization
Section 2 amends the Reclamation Wastewater and Groundwater
Study Facilities Act to include the North Bay Water Reuse
Program.
Section 2(a) defines certain terms as used in the bill.
Section 2(b)(1) authorizes participation by the Secretary
of the Interior in the planning, design, and construction of
water reclamation and reuse facilities, and conveyance and
distribution systems, contingent upon a finding of feasibility
for the project.
Section 2(b)(2) determines the project shall take into
consideration design and environmental evaluations from other
entities.
Section 2(b)(3) determines this to be a phased project with
two parts, the first phase consisting of the main treatment
plant and main conveyance systems and a second part consisting
of sub-regional distribution systems.
Section 2(b)(4) limits the federal cost share to 25% of the
first phase and sets out the form of non-federal in-kind
services that may be counted as non-federal contributions to
the completion of the project. This subsection also prohibits
the use of federal funds for the operation and maintenance of
the project.
Section 2(b)(5) Limits any effect of this bill on state and
federal water law or rights.
Section 2(b)(6) Authorizes appropriations of $25,000,000
for the federal share of the first phase of this project.
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 authorize the Secretary of the
Interior to create a Bureau of Reclamation partnership with the
North Bay Water Reuse Authority and other regional partners to
achieve objectives relating to water supply, water quality, and
environmental restoration.
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. 236--North Bay Water Reuse Program Act of 2007
Summary: H.R. 236 would authorize the Secretary of the
Interior to enter into cooperative agreements with state
entities in California to carry out water reclamation and reuse
projects in the North San Pablo Bay watershed. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing H.R. 236 would cost $25 million over the 2008-2012
period. Enacting the bill would not affect direct spending or
revenues.
H.R. 236 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. 236 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............................ 10 15 0 0 0
Estimated Outlays........................................ 8 12 5 0 0
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the beginning of calendar year 2008
and that the necessary amounts will be appropriated for each
year.
H.R. 236 would authorize the Secretary of the Interior to
enter into cooperative agreements with local governments in
California for the planning, design, and construction of phase
I of a project to reclaim and reuse water in the North San
Pablo Bay watershed in California. The project would be carried
out in two phases, and the second phase would require a
subsequent authorization from the Congress.
Under the legislation, the federal share of this phase of
the project would be limited to 25 percent. In addition,
federal funds would not be available for operating and
maintaining the project once it is completed. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing the legislation would cost $25 million over the
2008-2012 period.
Intergovernmental and private-sector impact: H.R. 236
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The state of California and certain county
governments would benefit from the project authorized in this
bill. Any costs to those governments would be incurred
voluntarily.
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. 236 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. 16__. North Bay water reuse program.
* * * * * * *
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----. NORTH BAY WATER REUSE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means a member agency of the North Bay Water Reuse
Authority of the State located in the North San Pablo
Bay watershed in--
(A) Marin County;
(B) Napa County;
(C) Solano County; or
(D) Sonoma County.
(2) Water reclamation and reuse project.--The term
``water reclamation and reuse project'' means a project
carried out by the Secretary and an eligible entity in
the North San Pablo Bay watershed relating to--
(A) water quality improvement;
(B) wastewater treatment;
(C) water reclamation and reuse;
(D) groundwater recharge and protection;
(E) surface water augmentation; or
(F) other related improvements.
(3) State.--The term ``State'' means the State of
California.
(b) North Bay Water Reuse Program.--
(1) In general.--Contingent upon a finding of
feasibility, the Secretary, acting through a
cooperative agreement with the State or a subdivision
of the State, is authorized to enter into cooperative
agreements with eligible entities for the planning,
design, and construction of water reclamation and reuse
facilities and recycled water conveyance and
distribution systems.
(2) Coordination with other federal agencies.--In
carrying out this section, the Secretary and the
eligible entity shall, to the maximum extent
practicable, use the design work and environmental
evaluations initiated by--
(A) non-Federal entities; and
(B) the Corps of Engineers in the San Pablo
Bay Watershed of the State.
(3) Phased project.--A cooperative agreement
described in paragraph (1) shall require that the North
Bay Water Reuse Program carried out under this section
shall consist of 2 phases as follows:
(A) First phase.--During the first phase, the
Secretary and an eligible entity shall complete
the planning, design, and construction of the
main treatment and main conveyance systems.
(B) Second phase.--During the second phase,
the Secretary and an eligible entity shall
complete the planning, design, and construction
of the sub-regional distribution systems.
(4) Cost sharing.--
(A) Federal share.--The Federal share of the
cost of the first phase of the project
authorized by this section shall not exceed 25
percent of the total cost of the first phase of
the project.
(B) Form of non-federal share.--The non-
Federal share may be in the form of any in-kind
services that the Secretary determines would
contribute substantially toward the completion
of the water reclamation and reuse project,
including--
(i) reasonable costs incurred by the
eligible entity relating to the
planning, design, and construction of
the water reclamation and reuse
project; and
(ii) the acquisition costs of land
acquired for the project that is--
(I) used for planning,
design, and construction of the
water reclamation and reuse
project facilities; and
(II) owned by an eligible
entity and directly related to
the project.
(C) Limitation.--The Secretary shall not
provide funds for the operation and maintenance
of the project authorized by this section.
(5) Effect.--Nothing in this section--
(A) affects or preempts--
(i) State water law; or
(ii) an interstate compact relating
to the allocation of water; or
(B) confers on any non-Federal entity the
ability to exercise any Federal right to--
(i) the water of a stream; or
(ii) any groundwater resource.
(6) Authorization of appropriations.--There is
authorized to be appropriated for the Federal share of
the total cost of the first phase of the project
authorized by this section $25,000,000, to remain
available until expended.
<all>