[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3310 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3310

To authorize certain actions to address the comprehensive treatment of 
   sewage emanating from the Tijuana River in order to substantially 
    reduce river and ocean pollution in the San Diego border region.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

  Mr. Filner introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on International Relations, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To authorize certain actions to address the comprehensive treatment of 
   sewage emanating from the Tijuana River in order to substantially 
    reduce river and ocean pollution in the San Diego border region.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``United States-Mexico Border Sewage 
Cleanup Act of 1999''.

SEC. 2. FINDINGS.

    (a) In General.--The Congress finds that it is necessary to take 
appropriate actions to address the comprehensive treatment of sewage 
emanating from the Tijuana River in order to substantially reduce river 
and ocean pollution in the San Diego border region.
    (b) Factors.--Congress bases the finding under subsection (a) on 
the following factors:
            (1) The San Diego border region is adversely impacted from 
        cross border raw sewage flows that affect the environment and 
        the health and safety of citizens in the United States and 
        Mexico.
            (2) The United States and Mexico have agreed, pursuant to 
        the Treaty for the Utilization of Waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, dated February 3, 1944, 
        ``to give preferential attention to the solution of all border 
        sanitation problems''.
            (3) The United States and Mexico recognize the need for 
        utilization of reclaimed water to supply the growing needs of 
        the City of Tijuana, Mexico, and the entire border region.
            (4) Current legislative authority regarding funding of the 
        IWTP limits the geographic scope of proposed options for 
        treatment of effluent from the IWTP.
            (5) This Act provides authority to take action to address 
        the comprehensive treatment of sewage emanating from the 
        Tijuana River in order to substantially reduce river and ocean 
        pollution in the San Diego border region and to exploit 
        effective reclamation opportunities.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) Subject to the negotiation and approval of a new or 
        modified Treaty Minute, to authorize the Commission to provide 
        for secondary treatment of effluent of the IWTP in Mexico.
            (2) Subject to the negotiation and approval of a new or 
        modified Treaty Minute, to authorize the Commission to provide 
        for the development of a privately-funded Mexican Facility, 
        through the execution of a fee-for-services contract with the 
        owner of such facility, in order to provide for--
                    (A) secondary treatment of effluent from the IWTP, 
                if such treatment is not provided for at a facility in 
                the United States; and
                    (B) additional capacity for primary and secondary 
                treatment of up to 50 million gallons per day of sewage 
                in order to fully address the trans-border sanitation 
                problem.
            (3) To request the Secretary to initiate negotiations with 
        Mexico, within 60 days after the date of the enactment of this 
        Act, for a new Treaty Minute, or a modification of Treaty 
        Minute 283, so as to allow for the siting of sewage treatment 
        facilities in Mexico, provide for additional treatment capacity 
        (up to 50 million gallons per day) for the treatment of 
        additional sewage emanating from the Tijuana area, and to 
        address other matters necessary for compliance with the 
        provisions of this Act.
            (4) To provide such other authority as may be necessary to 
        implement a comprehensive solution to the trans-border 
        sanitation problem as soon as practicable.

SEC. 4. ACTIONS TO BE TAKEN BY COMMISSION.

    (a) Authority To Provide for Secondary Treatment.--Subject to the 
negotiation and conclusion of a new Treaty Minute or the amendment of 
Treaty Minute 283, and notwithstanding section 510(b)(2) of the Water 
Quality Amendments Act of 1987, the Commission is authorized to provide 
for the secondary treatment of effluent from the IWTP in Mexico.
    (b) Authority to Enter Into Contract With Mexican Facility.--
            (1) In general.--Notwithstanding any other provision of 
        law, to provide for sewage treatment in Mexico, the Commission 
        is authorized to enter into a fee-for-services contract with 
        the owner of the Mexican Facility.
            (2) Requirements for contract.--The fee-for-services 
        contract referred to in paragraph (1) shall provide for the 
        following:
                    (A) The secondary treatment of effluent from the 
                IWTP, if such treatment is not provided for at a 
                facility in the United States.
                    (B) The primary and secondary treatment of up to 50 
                million gallons per day of additional sewage from the 
                Tijuana area so as to ensure to the extent possible 
                that untreated sewage will not flow into the United 
                States through the Tijuana River.
                    (C) Transportation of the advance primary effluent 
                from the IWTP to the Mexican Facility for secondary 
                treatment.
                    (D) Treatment of effluent from the IWTP to the 
                secondary level in a manner that is in compliance with 
                applicable water quality laws of the United States, 
                California, and Mexico.
                    (E) Return conveyance of any such treated effluent 
                that cannot be reused in either Mexico or the United 
                States to the South Bay Ocean Outfall for disposition 
                into the Pacific Ocean.
                    (F) Sewage treatment capacity which provides for 
                primary and secondary treatment of up to 50 million 
                gallons per day of sewage in addition to the capacity 
                required to treat the advanced primary effluent from 
                the IWTP.
                    (G) A contract term of 30 years.
                    (H) Appropriate arrangements for the monitoring and 
                verification of compliance with applicable United 
                States, California, and Mexican water quality 
                standards.
                    (I) Arrangements for the appropriate disposition at 
                a location or locations in Mexico of sludge produced 
                from the IWTP and the Mexican Facility.
                    (J) Payment of appropriate fees by the Commission 
                to the owner of the Mexican Facility for sewage 
                treatment services with the annual amount payable to 
                reflect all costs associated with the development, 
                construction, operation, and financing of the Mexican 
                Facility.
                    (K) Provision for transfer of ownership of the 
                Mexican Facility to the United States if the Commission 
                fails to perform its obligations under the fee-for-
                services contract, and provision for a cancellation fee 
                by the United States to the owner of the Mexican 
                Facility, which shall be established in amounts 
                declining over the term of the contract anticipated to 
                be sufficient to repay construction debt and other 
                amounts due to the owner that remain unamortized due to 
                early termination of the contract.

SEC. 5. NEGOTIATION OF NEW TREATY MINUTE.

    (a) Congressional Statement.--In light of the existing threat to 
the environment and to public health and safety within the United 
States as a result of the river and ocean pollution in the San Diego 
United States-Mexico border region, the Secretary is requested to give 
the highest priority to the negotiation and execution of a new Treaty 
Minute, or a modification of Treaty Minute 283, consistent with the 
provisions of this Act, in order that the other provisions of this Act 
to address such pollution may be implemented as soon as possible.
    (b) Negotiation.--The Secretary is requested to initiate, not later 
than 60 days after the date of the enactment of this Act, negotiations 
with Mexico for a new Treaty Minute or a modification of Treaty Minute 
283 consistent with the provisions of this Act.
    (c) Terms of Treaty Minute.--A new Treaty Minute or a modification 
of Treaty Minute 283 under this section shall address the following:
            (1) A requirement that such new or modified Treaty Minute 
        be subject to the provisions of the National Environmental 
        Policy Act of 1969 (NEPA).
            (2) The ability to site treatment facilities in Mexico and 
        in the United States.
            (3) The ability to carry out at the Mexican Facility the 
        secondary treatment of effluent from the IWTP, if such 
        treatment is not provided for at a facility in the United 
        States.
            (4) The ability to carry out at the Mexican Facility the 
        primary and secondary treatment of sewage at a capacity up to 
        50 million gallons per day, in addition to the capacity for the 
        advanced primary effluent from the IWTP, to be funded by the 
        United States.
            (5) The ability to obtain such approvals from the 
        Government of Mexico as are needed to verify and enforce water 
        quality standards at the Mexican Facility.
            (6) The ability to allow for the use in the United States, 
        in a manner consistent with applicable Federal and State law, 
        of treated effluent from the Mexican Facility, if there is 
        reclaimed water that is surplus to the needs of users in 
        Mexico.
            (7) Any other terms and conditions considered necessary by 
        the Secretary in order to fully implement the provisions of 
        this Act.

SEC. 6. LIMITATION ON USE OF FUNDS.

    (a) Limitation.--Except as provided in subsection (b), none of the 
funds appropriated for any fiscal year to the Environmental Protection 
Agency may be used for making grants authorized under section 510 of 
the Water Quality Act of 1987 that exceed a total of $239,400,000, and 
the Administrator of the Environmental Protection Agency shall take no 
action to obligate any funds under such section if the impact on the 
total program cost to the Environmental Protection Agency of such 
action would exceed $239,400,000.
    (b) Exception.--The limitations under subsection (a) do not apply 
if the Governments of the United States and Mexico enter into a new 
Treaty Minute or a renegotiation of Treaty Minute 283 that gives effect 
to the provisions specified in section 5(c).

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the United 
        States section of the International Boundary and Water 
        Commission, United States and Mexico.
            (2) IWTP.--The term ``IWTP'' means the Advanced Primary 
        Wastewater Treatment Facility constructed under the provisions 
        of the Federal Water Pollution Control Act of 1987, section 510 
        of the Water Quality Amendments Act of 1987, and Treaty Minutes 
        to the Treaty for the Utilization of Waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, dated February 3, 1944.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (4) Mexican facility.--The term ``Mexican Facility'' means 
        the proposed public/private wastewater treatment facility to be 
        constructed within Mexico for the purpose of treating sewage 
        flows generated within Mexico, which flows impact the surface 
        waters, health, and safety of the United States and Mexico.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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