[Senate Report 110-322]
[From the U.S. Government Publishing Office]
Calendar No. 674
110th Congress Report
2d Session SENATE 110-322
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BAY AREA REGIONAL WATER RECYCLING PROGRAM AUTHORIZATION ACT OF 2007
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April 10, 2008.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1526]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1526) to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize in the Bay Area Regional Water Recycling Program, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose of the Measure
The purpose of H.R. 1526 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize the Bay Area Regional Water Recycling Program, and
for other purposes.
Background and Need
The Bay Area Regional Water Recycling Program (BARWRP) is a
partnership between 17 local San Francisco Bay Area water and
wastewater agencies and the California Department of Water
Resources (DWR), which is dedicated to maximizing water
recycling throughout the region. The partnership was formed by
Title XVI of the Reclamation Projects Authorization and
Adjustment Act of 1992, P.L. 102-575, which brought Bay area
agencies together to study opportunities to recycle treated
wastewater for beneficial uses.
The Bay Area Recycled Water Master Plan, completed in 1999,
identified 125,000 acre-feet/year (af/yr) by 2010, and about
240,000 af/yr by 2025, that could be made available through
water recycling efforts. The BARWRP agencies have invested
nearly $300 million of local funds in water recycling projects,
and many more projects are ready to be built. Federal
investment in these highly leveraged, locally managed projects
will help ensure the security of water supplies in the Bay
Area, a region that encompasses the Sacramento-San Joaquin
Delta system, which is the largest estuary on the west coast of
North America and the source of drinking water for two-thirds
of California. In particular, this new water supply will help
preserve State and Federal reservoir supplies in California for
uses other than urban landscape irrigation, including drought-
year protections. The projects included in H.R. 1526 are
estimated to yield approximately 12,200 af/yr of water in the
short-term and 37,600 af/yr in the long-term.
Legislative History
H.R. 1526, was introduced on March 16, 2007 by
Representative George Miller and referred to the House Natural
Resources Committee. Representatives Anna Eshoo, Michael Honda,
Tom Lantos, Zoe Lofgren, Jerry McNerney, Pete Stark, and Ellen
Tauscher are original cosponsors. Under suspension of the
rules, H.R. 1526 passed the House of Representatives on July
23, 2007, and was referred to the Committee on Energy and
Natural Resources in the Senate.
A companion measure, S. 1475, was introduced by Senator
Feinstein for herself and Senator Boxer on May 24, 2007, and
referred to the Committee on Energy and Natural Resources. The
Subcommittee on Water and Power held a hearing on S. 1475 and
H.R. 1526 on August 1, 2007. (S. Hrg. 110-170.) At its business
meeting on January 30, 2008, the Committee on Energy and
Natural Resources ordered H.R. 1526 favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by voice vote of a quorum
present, recommends that the Senate pass H.R. 1526.
Section-by-Section Analysis
Section 1 provides the short title of the Act.
Section 2(a) amends the Reclamation Wastewater and
Groundwater Study and Facilities Act by authorizing the
Secretary to participate in the design, planning, and
construction of the following new projects in California: (1)
Mountain View, Moffett Area Reclaimed Water Pipeline Project,
at a 25% cost-share up to $5,000,000; (2) Pittsburg Recycled
Water Project, at a 25% cost-share up to $1,750,000; (3)
Antioch Recycled Water Project, at a 25% cost-share up to
$2,250,000; (4) North Coast County Water District Project, at a
25% cost-share up to $2,500,000; (5) Redwood City Recycled
Water Project, at a 25% cost-share up to $1,100,000; (6) South
Santa Clara County Recycled Water Project, at a 25% cost-share
up to $7,000,000; and (7) South Bay Advanced Recycled Water
Facility, at a 25% cost-share up to $8,250,000.
Section 2(b) contains conforming amendments to the
Reclamation Wastewater and Groundwater Study and Facilities
Act.
Section 3 states the intent of Congress regarding the scope
of section 1607 of the Reclamation Projects Authorization and
Adjustment Act of 1992.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by 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 help plan, design, and construct 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 2008-2013 period. Enacting the legislation 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)
and would impose no costs on state, local, or tribal
governments.
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).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2008 2009 2010 2011 2012 2013
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CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level....................... 4 12 10 2 0 0
Estimated Outlays................................... 3 9 14 2 0 0
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in fiscal year 2008 and that the
necessary amounts will be appropriated for each year.
H.R. 1526 would authorize the Secretary of the Interior to
help plan, design, and construct 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 act, the federal share of those costs would be
limited to the lesser of 25 percent or $28 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 $28
million (25 percent of $110 million) over the 2008-2013 period.
Intergovernmental and private-sector impact: H.R. 1526
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Funds authorized to be appropriated by the
act 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: Melissa Merrell;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 1526. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 1526, as ordered reported.
Congressionally Directed Spending
S. 1526, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the Bureau of Reclamation at the
Subcommittee hearing on August 1, 2007 on companion measure, S.
1475, follows:
Statement of Larry Todd, Deputy Commissioner, Bureau of Reclamation,
U.S. Department of the Interior
Mr. Chairman and members of the subcommittee, I am Larry
Todd, Deputy Commissioner for Policy, Administration and Budget
with the Bureau of Reclamation. I am pleased to be here today
to provide the Department of the Interior's views on S. 1475,
the Bay Area Regional Water Recycling Program Authorization
Act. The Department does not support S. 1475.
S. 1475 would amend the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102-575, 43
U.S.C. 390h et seq.) to include authorization for construction
of seven new projects. These new projects are the Mountain View
Moffett Area Reclaimed Water Pipeline Project; the Pittsburg
Recycled Water Project; the Antioch Recycled Water Project; the
North Coast County Water District Recycled Water Project; the
Redwood City Recycled Water Project; the South Santa Clara
County Recycled Water Project; and the South Bay Advanced
Recycled Water Treatment Facility. The Federal share of the
costs to implement each of the seven new Title XVI projects
would not exceed 25 percent. S. 1475 also establishes a Federal
cost ceiling for each of the seven new projects, collectively
totaling $27.5 million.
Of the 32 specific Title XVI projects authorized to date,
21 have received funding. The remaining estimated total
authorized Federal cost share of these 21 active Title XVI
projects is at least $328 million. Given the costs of the
currently active Title XVI projects, we do not support the
authorization of new projects at this time.
I would like to briefly describe the status of these
projects, most of which are already under review by
Reclamation's Regional and Area Office staff. Of the seven
projects providing new Title XVI construction authorization,
the South Bay Advanced Recycled Water Treatment Facility, is
already authorized by Congress and is considered feasible under
Reclamation guidelines. Two additional projects--the Pittsburg
Recycled Water Project and the Mountain View/Moffett Area
Recycled Water Project--have received feasibility
determinations from Reclamation.
Meanwhile, the sponsors of the South Santa Clara County
Recycled Water Project and the Antioch Recycled Water Project
have not yet completed a review of their draft feasibility
reports and environmental documents. Therefore, the feasibility
reports do not meet the requirements for Title XVI feasibility
studies.
Feasibility reports for the last two projects identified
for construction authorization in S. 1475--the North Coast
County Water District Recycled Water Project and the Redwood
City Recycled Water Project--were reviewed by the Bureau of
Reclamation in 2006. The feasibility reports for both projects
needed additional environmental and financial capability
information. To date, the project sponsors have not provided
this additional information in order for Reclamation to
complete the determination of feasibility.
Although one of the projects included in the bill is
already authorized for design, planning, and construction, and
two of the projects have feasibility reports that meet the
requirements of Title XVI feasibility studies, the remaining
four projects do not have feasibility reports that meet those
requirements. As such, the Department believes that it is
premature to authorize projects prior to completion of
feasibility reports.
While Reclamation does not support new authorizations for
Federal cost sharing of water recycling projects, we understand
that the projects established by Title XVI are important to
many water users in the West. To that end, Reclamation has set
about revising and improving its Directives and Standards that
govern reviews of Title XVI projects. By doing so, we believe
that Reclamation can play a more constructive role with local
sponsors in weighing the merits and ultimate feasibility of
proposed water recycling projects.
The Department appreciates local efforts to address future
water issues. However, in light of the concerns expressed
above, we do not support S. 1475. That concludes my prepared
remarks. I would be pleased to answer any questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill H.R. 1526, as ordered 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):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
Public Law 102-575, Title XVI, Section 16XX (106 Stat. 4663)
TABLE OF CONTENTS
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
Sec. 1. 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.