[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8338-H8340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TIJUANA RIVER VALLEY ESTUARY AND BEACH SEWAGE CLEANUP ACT OF 2000
AMENDMENT
Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4794) to amend the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 to extend the authorization of
appropriations, and for other purposes, as amended.
The Clerk read as follows:
H.R. 4794
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ACTIONS TO BE TAKEN.
(a) Secondary Treatment.--Section 804(a)(1) of the Tijuana
River Valley Estuary and Beach Sewage Cleanup Act of 2000 (22
U.S.C. 277d-44(a)(1); 114 Stat. 1978) is amended by striking
``Subject to'' and all that follows through ``of this Act,''
and inserting ``Pursuant to Treaty Minute 311 to the Treaty
for the Utilization of Waters of the Colorado and Tijuana
Rivers and of the Rio Grande, dated February 3, 1944,''.
(b) Contract.--Section 804(c) of such Act is amended as
follows:
(1) By striking paragraph (1) and inserting the following:
``(1) In general.--Notwithstanding any provision of Federal
procurement law, the Commission may enter into a multiyear
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, subject to the availability of appropriations and
subject to the terms of paragraph (2).''.
(2) In paragraph (2)(I) by striking ``, with such annual
payment'' and all that follows through the period at the end
and inserting ``, including costs associated with the
purchase of any insurance or other financial instrument under
subparagraph (K). Costs associated with the purchase of such
insurance or other financial instrument may be amortized over
the term of the contract.''.
(3) In paragraph (2) by redesignating subparagraphs (J)
through (P) as subparagraphs (L) through (R), respectively,
and by inserting after subparagraph (I) the following:
``(J) Neither the Commission nor the United States
Government shall be liable for payment of any cancellation
fees if the Commission cancels the contract.
``(K) The owner of the Mexican facility may purchase
insurance or other financial instrument to cover the risk of
cancellation of the contract by the Commission. Any such
insurance or other financial instrument shall not be provided
or guaranteed by the United States Government, and the
Government may reserve the right to validate independently
the reasonableness of the premium when negotiating the annual
service fee with the owner.''.
(4) By striking paragraphs (2)(L) and (2)(M) (as
redesignated by paragraph (3) of this subsection) and
inserting the following:
``(L) Transfer of ownership of the Mexican facility to an
appropriate governmental entity, other than the United
States, if the Commission cancels the contract.
``(M) Transfer of ownership of the Mexican facility to an
appropriate governmental entity, other than the United
States, if the owner of the Mexican facility fails to perform
under the contract.''.
(5) In paragraph (2)(N) (as redesignated by paragraph (3)
of this subsection) by inserting after ``competitive
procedures'' the following: ``under applicable law''.
SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE.
Section 805 of the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 (22 U.S.C. 277d-45; 114 Stat.
1980) is amended--
(1) in the section heading striking ``negotiation of''; and
(2) by adding at the end the following:
``(c) Implementation.--In light of the continuing 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 Commission is
requested to give the highest priority to the implementation
of Treaty Minute 311 to the Treaty for the Utilization of
Waters of the Colorado and Tijuana Rivers and of the Rio
Grande, dated February 3, 1944, which establishes a framework
for the siting of a treatment facility in Mexico to provide
for the secondary treatment of effluent from the IWTP at the
Mexican facility, to provide for additional capacity for
advanced primary and secondary treatment of additional sewage
emanating from the Tijuana River area, Mexico, and to meet
the water quality standards of Mexico, the United States, and
the State of California consistent with the provisions of
this title, in order that the other provisions of this title
to address such pollution may be implemented as soon as
possible.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 806 of the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 (22 U.S.C. 277d-46; 114 Stat.
1981) is amended by striking ``a total of $156,000,000 for
fiscal years 2001 through 2005'' and inserting ``such sums as
may be necessary''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. LaTourette) and the gentleman from Illinois (Mr. Costello)
each will control 20 minutes.
The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 4794, to amend the
Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000.
[[Page H8339]]
For years the United States Congress has been trying to address a
public health and environmental problem that exists along the U.S.-
Mexican border. Raw or partially treated sewage from the Tijuana,
Mexico area flows spot United States and ends up on California beaches.
In 2000, Congress addressed this problem by authorizing the United
States to contract with a plant in Mexico for waste water treatment
services that would meet the clean water standards. That law required
the United States and Mexico to negotiate a new treaty. That
negotiation was completed in February of this year. Now the United
States must negotiate a contract.
It is my understanding that those negotiations are finally underway,
but before a contract can be signed, the Tijuana Valley Estuary and
Beach Sewage Cleanup Act authorization must be extended and updated.
H.R. 4794 provides that authority.
I want to congratulate and commend the gentleman from California (Mr.
Hunter), the gentleman from California (Mr. Filner), the gentleman from
California (Mr. Cunningham), the gentleman from California (Mr. Issa)
and the gentlewoman from California (Mrs. Davis) for their persistence.
This is a good piece of legislation. I urge my colleagues to support
it.
Mr. Speaker, I reserve the balance of my time.
Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 4794. This critical
bipartisan bill would reauthorize and update legislation to address the
ongoing problem of sewage that migrates across the U.S.-Mexican border
into the waters off of San Diego, California. In light of recent
efforts of the International Boundary Water Commission to successfully
negotiate a treaty minute on this issue, the Committee on
Transportation and Infrastructure, working with the gentleman from
California (Mr. Filner) and the gentleman from California (Mr. Hunter),
developed this legislation to amend existing law to reflect the terms
of the new treaty minute.
Other than annual appropriations, this legislation should be the last
legislative hurdle necessary for the construction of the treatment
facilities to protect the public and the ecological health of the San
Diego region.
I commend our committee colleague the gentleman from California (Mr.
Filner) who first brought this issue to our committee's attention in
the 106th Congress, as well as my friend the gentleman from California
(Mr. Hunter) for their efforts in pursuing this legislation.
Mr. Speaker, time is of the essence for this legislation. The United
States will face court-ordered sanctions unless we get about the
business of cleaning up this sewage. But even more importantly, every
day's delay is another day that the United States citizens are faced
with raw sewage in the river and off the California coast. It is time
for our work to begin and for this project to move forward.
Mr. Speaker, I strongly urge this legislation and urge my colleagues
to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, it is my pleasure to yield such time as
he may consume to the gentleman from California (Mr. Hunter), one of
the champions of this legislation
Mr. HUNTER. Mr. Speaker, I want to thank the gentleman from Ohio (Mr.
LaTourette) and the gentleman from Illinois (Mr. Costello) for managing
this bill. I think they have described it very well, the problem that
we have with pollution that sweeps north on to California beaches. Not
only is it a public health hazard and one that accrues to the detriment
of thousands and thousands of families in the San Diego region, but
also has a major impact on our economy. This situation of polluted
beaches from raw sewage costs us in excess of some $15 million a year.
In an attempt to look for a better way to address this border sewage
problem, the House and the Tijuana River Estuary and Beach Cleanup Act,
P.L. 106-457, authorized what we thought was a cutting edge concept
involving a public-private partnership approach that will save taxpayer
money and ensure that a wastewater treatment facility is brought online
as quickly as possible and in complete compliance with the U.S. Clean
Water Act regulations.
OMB has certified, incidentally, that the public-private partnership
approach will save significant funds over a similar plant built and
operated by the Federal Government.
So this is a new approach, Mr. Speaker, but we think it is going to
work and work very effectively.
Since the passage of P.L. 106-457, the IBWC, the International
Boundary and Water Commission, has completed treaty minute negotiations
with Mexico and has begun the process of addressing this decades old
problem. As a result, in order to ensure that the project continues to
move forward expeditiously, all of us in the San Diego congressional
delegation introduced H.R. 4794, which has been well described as the
Tijuana River Estuary and Beach Cleanup Reauthorization Act.
This legislation will make necessary technical corrections to the
base law to address changing circumstances and bring the law into line
with the binational treaty that was negotiated. So this is what we need
to get this project moving.
We want to thank all of our friends and good colleagues who have
worked on this, including the gentleman from Alaska (Chairman Young)
and the subcommittee chairman, the gentleman from Tennessee (Mr.
Duncan), as well as the ranking members, the gentleman from Minnesota
(Mr. Oberstar) and the gentleman from Illinois (Mr. Costello), for
their help and guidance with this very important bipartisan
legislation. The bill represents a real victory for the citizens of San
Diego and for the taxpayers.
Mr. Speaker, I urge all my colleagues to strongly support its passage
and, again, to the gentlemen managing the bill, I thank them very much
for their support.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 4794. The
bill amends legislation enacted in 2000 to address the continuing
problem of untreated or partially treated sewage that migrates across
the U.S.-Mexican border into the waters off San Diego, California.
Since the original legislation in 2000, the United States, acting
through the International Boundary Waters Commission (IBWC), has
successfully negotiated an agreement with Mexico on implementing a bi-
national effort to address this problem. The bill makes minor changes
to reflect those discussions, and provides an updated authorization
level to allow for the construction of the wastewater treatment
facility, as contemplated in 2000. It also addresses an interpretation
by the Office of Management and Budget that was contrary to the
original intent of the Committee on Transportation and Infrastructure
when the bill was first developed.
When this bill is enacted, it should create all the authority
necessary for the construction of treatment facilities to protect the
public and the ecological health of the San Diego region.
I commend our Committee colleague, Mr. Filner, who first brought this
issue to the Committee's attention in the 106th Congress, for his
efforts in pursuing this legislation.
I support the bill and urge an ``aye'' vote.
Mrs. DAVIS of California. Mr. Speaker, I rise in strong support of
H.R. 4794, which will amend the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000 to bring it up to date to include the
International Boundary and Water Commission Treaty Minute No. 311
between the United States and Mexico. Reauthorization will pave the way
for an ultimate solution to the long-standing problem of sewage outfall
that pollutes the Tijuana River Valley Estuary and the precious beaches
of Imperial Beach.
Located on the southwest corner of the United States, Imperial Beach
offers its residents and visitors an exceptional coastal experience
situated as it is between the wonderful Tijuana Estuary natural
wetlands and bird habitat and the mighty Pacific Ocean.
Unfortunately, the metropolitan area of Tijuana and San Diego has
grown well beyond the existing capacity to provide for the current
sewage volume and allow a healthy and safe environment for the
population along the border.
The 2000 Act provided the framework for improving the existing South
Bay International Wastewater Treatment Plant, which was constructed by
the International Boundary and Water Commission following authorization
in a 1987 Water Quality Act. However, the plant was only built to
advanced primary standards and not to the required secondary treatment
standard as required by the law.
Since that time, the rapid growth in the metropolitan region has
resulted in a frequent flow
[[Page H8340]]
of untreated or partially treated sewage through the Tijuana River,
which flows north from Tijuana across the border to the Pacific Ocean
at Imperial Beach. This pollution is a public health threat as well as
an environmental danger.
This reauthorization addresses a multitude of details to implement a
privately built and operated plant in Tijuana. Although the realization
of the new Minute in February took a very long time, I hope that with
new leadership now in place on the Commission and with this
authorization in place there will be rapid progress toward the
fulfillment of this desperately needed public safety facility.
I want to thank my colleague from San Diego, Representative Hunter,
for taking the leadership in the time-consuming process of bringing
agreement on the details from numerous administration entities.
I urge your support for this measure, which has been co-sponsored by
the bipartisan San Diego delegation.
Mr. CUNNINGHAM. Mr. Speaker, in 2002, the City of San Diego declared
a local emergency regarding the flow of sewage across the border from
Tijuana to San Diego. It is estimated that 70 million gallons per day
of sewage is released into the Tijuana River Valley and flows into the
Pacific Ocean.
It is imperative that something be done to stop the flow of sewage
from Tijuana into the Pacific. This legislation is a positive and
significant step forward in ensuring that the requirements of the Clean
Water Act are met. It makes the necessary changes that would
effectively allow for the building of a waster water sewage treatment
facility in Mexico that will process 50+ million gallons of water per
day in compliance with the Clean Water Act.
I have been working for years now to ensure a solution to this
problem, and I believe the proposal to construct a treatment plant in
Mexico is the most cost-effective solution. This bill will enable that
to occur, and to eliminate the potential threat to the quality of water
in the San Diego-Tijuana border at zero cost to taxpayers. This bill
will ensure major environmental benefits for California and is the best
option to address this serious public health and safety concern for San
Diego.
OMB certified that the public-private partnership approach will save
significant funds. The International Boundary and Water Commission
(IBWC) has completed treaty minute negotiations with Mexico. This
process has taken years, and I would like to thank the IBWC for working
on the issue. I would like to thank Duncan Hunter, Darrel Issa and
Susan Davis for all their hard work. H.R. 4794's introduction by this
delegation makes technical corrections to the base law. I would like to
thank Chairman Don Young, the Ranking Member James Oberstar and Jerry
Costello for all their help. This bill is a victory for San Diego,
Mexico and the environment.
Mr. FILNER. Mr. Speaker, I rise in strong support of H.R. 4794, the
bipartisan bill to amend the Tijuana River Valley Estuary and Beach
Sewage Cleanup Act of 2000. The House and Senate passed this bill four
years ago in an effort to resolve an enormous health problem in my
district. Fifty million gallons of raw sewage flow through the Tijuana
River from Mexico into San Diego beaches everyday. Most Americans
cannot imagine the environmental and health impacts caused by this
problem.
Eleven years ago, the San Diego city council declared a state of
emergency in the Tijuana River Valley because of sewage from Mexico
flowing over the border and spoiling our beaches and waterways. Every
two weeks since then, the city council has continued to declare a state
of emergency.
I worked with my colleagues to establish a bipartisan plan for a
public-private partnership to solve this problem, but the crisis
continues. And four years after the signing of the bill nothing has
been done. The International Boundary and Water Commission has failed
to take the steps necessary to build the wastewater treatment plant
that Congress authorized and that families in San Diego deserve.
The IBWC has a new Commissioner who, I believe, recognizes the
responsibility that the IBWC has been given from Congress: To end the
flow of raw sewage into southern California. That is why I have joined
my Congressional colleagues from San Diego in offering this bill to
continue the authorization for this project, so we can make sure that
this environmental nightmare comes to an end.
Mr. COSTELLO. Mr. Speaker, I have no further speakers, and I yield
back the balance of my time.
Mr. LaTOURETTE. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. LaTourette) that the House suspend the rules
and pass the bill, H.R. 4794, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________