[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Reported in House (RH)]






                                                 Union Calendar No. 499
106th CONGRESS
  2d Session
                                H. R. 3378

                      [Report No. 106-842, Part I]

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 16, 1999

Mr. Bilbray (for himself and 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

                           September 12, 2000

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 12, 2000

  Referral to the Committee on International Relations extended for a 
            period ending not later than September 12, 2000

                           September 12, 2000

 The Committee on International Relations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 16, 1999]

_______________________________________________________________________

                                 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 the ``Tijuana River Valley Estuary and 
Beach Sewage Cleanup Act of 2000''.

SEC. 2. PURPOSE.

    The purpose of this Act is to authorize the United States to take 
actions to address comprehensively the treatment of sewage emanating 
from the Tijuana River area, Mexico, that flows untreated or partially 
treated into the United States causing significant adverse public 
health and environmental impacts.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commission.--The term ``Commission'' means the United 
        States section of the International Boundary and Water 
        Commission, United States and Mexico.
            (3) IWTP.--The term ``IWTP'' means the South Bay 
        International Wastewater Treatment Plant constructed under the 
        provisions of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 
        1987 (101 Stat. 80-82), 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.
            (4) Secondary treatment.--The term ``secondary treatment'' 
        has the meaning such term has under the Federal Water Pollution 
        Control Act and its implementing regulations.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) Mexican facility.--The term ``Mexican facility'' means 
        a proposed public-private wastewater treatment facility to be 
        constructed and operated under this Act 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.
            (7) MGD.--The term ``mgd'' means million gallons per day.

 SEC. 4. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR.

    (a) Secondary Treatment.--
            (1) In general.--Subject to the negotiation and conclusion 
        of a new Treaty Minute or the amendment of Treaty Minute 283 
        under section 5, and notwithstanding section 510(b)(2) of the 
        Water Quality Act of 1987 (101 Stat. 81), the Commission is 
        authorized and directed to provide for the secondary treatment 
        of a total of not more than 50 mgd in Mexico--
                    (A) of effluent from the IWTP if such treatment is 
                not provided for at a facility in the United States; 
                and
                    (B) of additional sewage emanating from the Tijuana 
                River area, Mexico.
            (2) Additional authority.--Subject to the results of the 
        comprehensive plan developed under subsection (b) revealing a 
        need for additional secondary treatment capacity in the San 
        Diego-Tijuana border region and recommending the provision of 
        such capacity in Mexico, the Commission may provide not more 
        than an additional 25 mgd of secondary treatment capacity in 
        Mexico for treatment described in paragraph (1).
    (b) Comprehensive Plan.--Not later than 24 months after the date of 
enactment of this Act, the Administrator shall develop a comprehensive 
plan with stakeholder involvement to address the transborder sanitation 
problems in the San Diego-Tijuana border region. The plan shall 
include, at a minimum, an analysis of--
            (1) the long-term secondary treatment needs of the region;
            (2) upgrades in the sewage collection system serving the 
        Tijuana area, Mexico; and
            (3) an identification of options, and recommendations for 
        preferred options, for additional sewage treatment capacity for 
        future flows emanating from the Tijuana River area, Mexico.
    (c) Contract.--
            (1) In general.--Subject to the availability of 
        appropriations to carry out this subsection, the Commission may 
        enter into a fee-for-services contract with the owner of a 
        Mexican facility in order to carry out the secondary treatment 
        requirements of subsection (a) and make payments under such 
        contract.
            (2) Terms.--Any contract under this subsection shall 
        provide, at a minimum, for the following:
                    (A) Transportation of the advanced primary effluent 
                from the IWTP to the Mexican facility for secondary 
                treatment.
                    (B) Treatment of the advanced primary effluent from 
                the IWTP to the secondary treatment level in a manner 
                that is in compliance with water quality laws of the 
                United States, California, and Mexico.
                    (C) Return conveyance from the Mexican facility of 
                any such treated effluent that cannot be reused in 
                either Mexico or the United States to the South Bay 
                Ocean Outfall for discharge into the Pacific Ocean in 
                compliance with water quality laws of the United States 
                and California.
                    (D) Subject to the requirements of subsection (a), 
                additional sewage treatment capacity that provides for 
                advanced primary and secondary treatment of sewage 
                described in paragraph (1)(B) in addition to the 
                capacity required to treat the advanced primary 
                effluent from the IWTP.
                    (E) A contract term of 30 years.
                    (F) Arrangements for monitoring, verification, and 
                enforcement of compliance with United States, 
                California, and Mexican water quality standards.
                    (G) Arrangements for the disposal and use of 
                sludge, produced from the IWTP and the Mexican 
                facility, at a location or locations in Mexico.
                    (H) Payment of 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, financing, 
                construction, operation, and maintenance of the Mexican 
                facility.
                    (I) Provision for the transfer of ownership of the 
                Mexican facility to the United States, and provision 
                for a cancellation fee by the United States to the 
                owner of the Mexican facility, if the Commission fails 
                to perform its obligations under the contract. The 
                cancellation fee shall be 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.
                    (J) Provision for the transfer of ownership of the 
                Mexican facility to the United States, without a 
                cancellation fee, if the owner of the Mexican facility 
                fails to perform the obligations of the owner under the 
                contract.
            (3) Limitation.--The Contract Disputes Act of 1978 (41 
        U.S.C. 601-613) shall not apply to a contract executed under 
        this section.

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-
Tijuana 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.--
            (1) Initiation.--The Secretary is requested to initiate 
        negotiations with Mexico, within 60 days after the date of 
        enactment of this Act, for a new Treaty Minute or a 
        modification of Treaty Minute 283 consistent with the 
        provisions of this Act.
            (2) Implementation.--Implementation of a new Treaty Minute 
        or a modification of Treaty Minute 283 under this Act shall be 
        subject to the provisions of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
            (3) Matters to be addressed.--A new Treaty Minute or a 
        modification of Treaty Minute 283 under paragraph (1) should 
        address, at a minimum, the following:
                    (A) The siting of treatment facilities in Mexico 
                and in the United States.
                    (B) Provision for the secondary treatment of 
                effluent from the IWTP at a Mexican facility if such 
                treatment is not provided for at a facility in the 
                United States.
                    (C) Provision for additional capacity for advanced 
                primary and secondary treatment of additional sewage 
                emanating from the Tijuana River area, Mexico, in 
                addition to the treatment capacity for the advanced 
                primary effluent from the IWTP at the Mexican facility.
                    (D) Provision for any and all approvals from 
                Mexican authorities necessary to facilitate water 
                quality verification and enforcement at the Mexican 
                facility.
                    (E) Any terms and conditions considered necessary 
                to allow for use in the United States of treated 
                effluent from the Mexican facility, if there is 
                reclaimed water which is surplus to the needs of users 
                in Mexico and such use is consistent with applicable 
                United States and California law.
                    (F) Any other terms and conditions considered 
                necessary by the Secretary in order to implement the 
                provisions of this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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




                                                 Union Calendar No. 499

106th CONGRESS

  2d Session

                               H. R. 3378

                      [Report No. 106-842, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 12, 2000

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                           September 12, 2000

  Referral to the Committee on International Relations extended for a 
            period ending not later than September 12, 2000

                           September 12, 2000

 The Committee on International Relations discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed