[Congressional Record Volume 153, Number 86 (Thursday, May 24, 2007)]
[Senate]
[Pages S6849-S6850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1472. A bill 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; to the 
Committee on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the 
North Bay Water Reuse Program Act of 2007, together with my colleague 
Senator Boxer. This legislation authorizes Federal participation in a 
regional water reuse project that is the first of its kind in Northern 
California, and model for the West.
   The program will allow urban water agencies to take treated 
wastewater now discharged into the sensitive bay-delta ecosystem and 
put it to productive use on water-short agricultural lands and 
environmentally valuable wetlands. It is an innovative ``win-win'' 
solution that will protect the environment as well as meet the future 
water needs of urban and agricultural

[[Page S6850]]

water users in the North Bay region of California.
  Agricultural producers in the North Bay region are facing, and will 
continue to encounter, major water shortages. At the same time, as 
regulations continue to restrict and/or eliminate wastewater discharge, 
many communities in the North Bay region will face challenges as they 
try to determine the best way to discharge their treated wastewater.
  The North Bay Water Reuse Program will address both problems and 
enhance the ecosystem of the San Francisco Bay. Specifically, the 
program will distribute reclaimed water through a conveyance system and 
deliver it to agricultural growers, promising a permanent and dedicated 
supply of about 30,000 acre-feet of water per year.
  The use of reclaimed water for irrigation will reduce the demand on 
both surface and groundwater supplies, and thus improve instream flows 
for riparian habitat and fisheries recovery. Furthermore, in the off-
season when irrigation demand is diminished, the reclaimed water will 
be used to increase surface water flows for the restoration of 
wetlands, creating habitat for migratory waterfowl and other wetland 
species.
  Most notably, this program grew from a collaboration of the three 
major stakeholders in the region that vie for the same water. It is 
significant that the program is supported by the local governments in 
three counties, Napa, Sonoma and Marin Counties; agricultural 
organizations, such as the Napa and Sonoma County Farm Bureaus, the 
Carneros Quality Alliance, the Winegrape Growers of Napa County, the 
Napa Vintners Association, the North Bay Agriculture Alliance; and 
environmental organizations, such as The Bay Institute.
  Thus, the North Bay Water Reuse Program brings stakeholders that are 
usually at odds with one another to the table to find a solution that 
is beneficial to all.
  Finally, I would like to note the energy benefits of this project. 
The Sonoma Valley treatment plant, installing solar panels that will 
generate 40 percent of its energy needs. Another partner in the 
program, Las Gallinas Valley Sanitary District, generates 90 percent of 
its operating energy using solar panels.
  The North Bay Water Reuse Program will allow vineyard managers to 
cease or significantly reduce their use of gas and electric powered 
pumps that currently deliver irrigation water. The program proponents 
expect to see a net reduction of overall energy use for regional 
irrigation operations, as well as a net reduction in the emissions of 
carbon dioxide from irrigation operations.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text was ordered to be printed in the 
Record, as follows:

                                S. 1472

       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 ``North Bay Water Reuse 
     Program Act of 2007''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of 
     California.
       (4) 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.

     SEC. 3. NORTH BAY WATER REUSE PROGRAM.

       (a) In General.--The Secretary, acting through a 
     cooperative agreement with the State or a subdivision of a 
     State, may offer to enter into cooperative agreements with 
     eligible entities for the planning, design, and construction 
     of water reclamation and reuse projects.
       (b) 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--
       (1) non-Federal entities; and
       (2) the Corps of Engineers in the San Pablo Bay Watershed 
     of the State.
       (c) Cooperative Agreement.--
       (1) Requirements.--A cooperative agreement entered into 
     under paragraph (1) shall, at a minimum, specify the 
     responsibilities of the Secretary and the eligible entity 
     with respect to--
       (A) ensuring that the cost-share requirements established 
     by subsection (e) are met;
       (B) completing--
       (i) a needs assessment for the water reclamation and reuse 
     project; and
       (ii) the planning and final design of the water reclamation 
     and reuse project;
       (C) any environmental compliance activity required for the 
     water reclamation and reuse project;
       (D) the construction of facilities for the water 
     reclamation and reuse project; and
       (E) administrating any contract relating to the 
     construction of the water reclamation and reuse project.
       (2) Phased project.--
       (A) In general.--A cooperative agreement described in 
     paragraph (1) shall require that any water reclamation and 
     reuse project carried out under this section shall consist of 
     2 phases.
       (B) 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 system 
     of the water reclamation and reuse project.
       (C) 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 of 
     the water reclamation and reuse project.
       (d) Financial Assistance.--
       (1) In general.--The Secretary may provide financial and 
     technical assistance to an eligible entity to assist in 
     planning, designing, conducting related preconstruction 
     activities for, and constructing a water reclamation and 
     reuse project.
       (2) Use.--Any financial assistance provided under paragraph 
     (1) shall be obligated and expended only in accordance with a 
     cooperative agreement entered into under this section.
       (e) Cost-Sharing Requirement.--
       (1) Federal share.--The Federal share of the total cost of 
     any activity or construction carried out using amounts made 
     available under this section shall be not more than 25 
     percent of the total cost of a water reclamation and reuse 
     project.
       (2) 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--
       (A) reasonable costs incurred by the eligible entity 
     relating to the planning, design, and construction of the 
     water reclamation and reuse project; and
       (B) the fair-market value of land that is--
       (i) used for planning, design, and construction of the 
     water reclamation and reuse project facilities; and
       (ii) owned by an eligible entity.
       (f) Operation, Maintenance, and Replacement Costs.--
       (1) In general.--The eligible entity shall be responsible 
     for the annual operation, maintenance, and replacement costs 
     associated with the water reclamation and reuse project.
       (2) Operation, maintenance, and replacement plan.--The 
     eligible entity, in consultation with the Secretary, shall 
     develop an operation, maintenance, and replacement plan for 
     the water reclamation and reuse project.
       (g) Effect.--Nothing in this Act--
       (1) affects or preempts--
       (A) State water law; or
       (B) an interstate compact relating to the allocation of 
     water; or
       (2) confers on any non-Federal entity the ability to 
     exercise any Federal right to--
       (A) the water of a stream; or
       (B) any groundwater resource.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Federal share of the total cost of 
     the first phase of water reclamation and reuse projects 
     carried out under this Act, an amount not to exceed 25 
     percent of the total cost of those reclamation and reuse 
     projects or $25,000,000, whichever is less, to remain 
     available until expended.
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