[House Report 106-593]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-593
======================================================================
ALTERNATIVE WATER SOURCES ACT OF 2000
_______
May 2, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1106]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1106) to authorize the
Administrator of the Environmental Protection Agency to make
grants to State agencies with responsibility for water source
development for the purpose of maximizing available water
supply and protecting the environment through the development
of alternative water sources, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Water Sources Act of
2000''.
SEC. 2. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.
``(a) In General.--The Administrator may make grants to State,
interstate, and intrastate water resource development agencies
(including water management districts and water supply authorities),
local government agencies, private utilities, and nonprofit entities
for alternative water source projects to meet critical water supply
needs.
``(b) Eligible Entity.--The Administrator may make grants under this
section to an entity only if the entity has authority under State law
to develop or provide water for municipal, industrial, and agricultural
uses in an area of the State that is experiencing critical water supply
needs.
``(c) Selection of Projects.--
``(1) Limitation.--A project that has received funds under
the reclamation and reuse program conducted under the
Reclamation Projects Authorization and Adjustment Act of 1992
(43 U.S.C. 390h et seq.) shall not be eligible for grant
assistance under this section.
``(2) Additional consideration.--In making grants under this
section, the Administrator shall consider whether the project
is located within the boundaries of a State or area referred to
in section 1 of the Reclamation Act of June 17, 1902 (32 Stat.
385), and within the geographic scope of the reclamation and
reuse program conducted under the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et
seq.).
``(d) Committee Resolution Procedure.--
``(1) In general.--No appropriation shall be made for any
alternative water source project under this section, the total
Federal cost of which exceeds $3,000,000, if such project has
not been approved by a resolution adopted by the Committee on
Transportation and Infrastructure of the House of
Representatives or the Committee on Environment and Public
Works of the Senate.
``(2) Requirements for securing consideration.--For purposes
of securing consideration of approval under paragraph (1), the
Administrator shall provide to a committee referred to in
paragraph (1) such information as the committee requests and
the non-Federal sponsor shall provide to the committee
information on the costs and relative needs for the alternative
water source project.
``(e) Uses of Grants.--Amounts from grants received under this
section may be used for engineering, design, construction, and final
testing of alternative water source projects designed to meet critical
water supply needs. Such amounts may not be used for planning,
feasibility studies or for operation, maintenance, replacement, repair,
or rehabilitation.
``(f) Cost Sharing.--The Federal share of the eligible costs of an
alternative water source project carried out using assistance made
available under this section shall not exceed 50 percent.
``(g) Reports.--
``(1) Reports to administrator.--Each recipient of a grant
under this section shall submit to the Administrator, not later
than 18 months after the date of receipt of the grant and
biennially thereafter until completion of the alternative water
source project funded by the grant, a report on eligible
activities carried out by the grant recipient using amounts
from the grant.
``(2) Report to congress.--On or before September 30, 2005,
the Administrator shall transmit to Congress a report on the
progress made toward meeting the critical water supply needs of
the grant recipients under this section.
``(h) Definitions.--In this section, the following definitions apply:
``(1) Alternative water source project.--The term
`alternative water source project' means a project designed to
provide municipal, industrial, and agricultural water supplies
in an environmentally sustainable manner by conserving,
managing, reclaiming, or reusing water or wastewater or by
treating wastewater.
``(2) Critical water supply needs.--The term `critical water
supply needs' means existing or reasonably anticipated future
water supply needs that cannot be met by existing water
supplies, as identified in a comprehensive statewide or
regional water supply plan or assessment projected over a
planning period of at least 20 years.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2000 through 2004. Such sums shall remain available until
expended.''.
Summary and Purpose
The purpose of H.R. 1106, the ``Alternative Water Sources
Act of 2000,'' is to authorize the Environmental Protection
Agency (EPA) to provide grants for alternative water source
projects to meet critical water supply needs.
Background and Need for Legislation
In recent years, there has been increasing interest by
communities across the nation and Congress in ensuring the
availability of water sources to meet future water supply
needs. Growth in population and increasing environmental
awareness are causing many communities to explore alternative
water supplies through reclamation, reuse, conservation and the
like. While Clean Water Act construction grants (before fiscal
year 1991) and state revolving loan funds (since fiscal year
1989) have been available for such activities, most
expenditures to date have been for more traditional wastewater
projects, and not for enhancing water supplies.
The Reclamation Projects Authorization and Adjustment Act
of 1992 authorized the Bureau of Reclamation (the Bureau) to
conduct appraisal investigations, feasibility studies, and
research regarding water reclamation and reuse projects, and to
construct, operate, and maintain cooperative demonstration
projects for water reclamation and water reuse projects (with a
75 to 50 percent non-federal cost share). This program is
limited to 17 western states and four territories. There is no
authorization for assistance from the Bureau for water
reclamation and reuse in the remaining 33 states, or the
District of Columbia and Puerto Rico. Over the past few years,
funds for certain water source development projects in Florida
and other states facing significant water supply needs have
been provided in annual appropriations bills, through the EPA
State and Tribal Assistance Grants account.
H.R. 1106, as reported, would authorize the EPA to provide
grants ($75 million a year for fiscal years 2000 through 2004),
on a cost-shared basis, for alternative water source projects.
It would also prohibit a project that has received funds under
the Bureau of Reclamation's water reclamation and reuse program
from receiving funding under the EPA program. In addition, the
EPA Administrator would be required to take into account the
eligibility of a project for funding under the existing Bureau
of Reclamation program when selecting projects for funding
under this new, nationwide program. Adequate consideration
should be given to selecting and funding projects in areas not
eligible for assistance under the Bureau of Reclamation's
program.
Discussion of Committee Bill and Section-By-Section Analysis
Section 1. Short title
This Act may be cited as the ``Alternative Water Sources
Act of 2000.''
Section 2. Grants for Alternative Water Source Projects
This section amends the Clean Water Act by adding a new
section 220, ``Grants for Alternative Water Source Projects.''
The new section has the following subsections:
(a) In General.--Subsection (a) authorizes EPA to make
grants for alternative water source projects to meet critical
water supply needs.
(b) Eligible Entity.--Subsection (b) specifies that
eligibility for grants is restricted to those entities with
authority under State law to develop or provide water for
municipal and industrial, or agricultural uses in areas that
are experiencing critical water supply needs.
(c) Selection of Projects.--Subsection (c)(1) prohibits a
project that has received funds under the Bureau of
Reclamation's water reclamation and reuse program from being
eligible for grant assistance under this section.
Subsection (c)(2) requires the EPA Administrator to
consider whether a project is eligible under the Bureau of
Reclamation's water reclamation and reuse program when
selecting projects for grants under this section.
(d) Committee Resolution Procedure.--Subsection (d)(1)
prohibits the appropriation of funds for a project with a
federal cost greater than $3 million if the project has not
been approved by a resolution adopted by either the House or
Senate authorizing committee of jurisdiction.
In order to secure the appropriate authorizing committee's
consideration of a committee resolution for a proposed project,
subsection (d)(2) requires the EPA Administrator and the non-
Federal sponsor for the proposed project to provide to the
committee the required information on the project, including
project costs, and area water supply needs.
(e) Uses of Grants.--Subsection (e) provides that grant
funding received under this section may be used for
engineering, design, construction, and final testing of
alternative water source projects designed to meet critical
water supply needs. Such grant funding may not be used for
operation, maintenance, replacement, repair or rehabilitation
of such projects.
(f) Cost Sharing.--Subsection (f) provides that the federal
cost-share for a project receiving assistance under this
section shall not exceed fifty percent of the eligible costs.
(g) Reports.--Subsection (g)(1) requires that each
recipient of a grant under this section submit a report to the
EPA Administrator on the eligible activities carried out by the
recipient using grant funding. This report shall be submitted
to the EPA Administrator no later than 18 months after the date
the recipient receives grant funding and every two years
thereafter, until the alternative water source project funded
by the grant is complete.
Subsection (g)(2) requires the EPA Administrator to submit
a report to Congress on the progress made toward meeting the
critical water supply needs of the grant recipients under this
section. This report is to be transmitted to Congress on or
before September 30, 2005.
(h) Definitions.--For the purposes of this section,
subsection (h) provides the following definitions: (1)
``Alternative Water Source Project'' means a project designed
to provide municipal, industrial, and agricultural water
supplies in an environmentally sustainable manner by
conserving, managing, reclaiming, or reusing water or
wastewater or by treating wastewater. These projects fall
within the definition of treatment works. The Committee intends
that all such projects, including wastewater treatment
projects, be designed to provide water supplies in an
environmentally sustainable manner. (2) ``Critical Water Supply
Needs'' means existing or reasonably anticipated future water
supply needs that cannot be met by existing water supplies, as
identified in a comprehensive statewide or regional water
supply plan or assessment projected over a planning period of
at least 20 years.
(i) Authorization of Appropriations.--To carry out this
section, subsection (i) authorizes $75 million for each of
fiscal years 2000 through 2004. These funds are to remain
available until expended.
Hearings and Legislative History
On April 22, 1998, the Water Resources and Environment
Subcommittee held hearings on water resources projects and
policies, including alternative water sources. Testimony was
given by Representatives Thurman, Fowler, Mica, and Corrine
Brown on H.R. 3243, the predecessor to H.R. 1106 that had been
introduced in the 105th Congress.
Committee Consideration
On April 5, 2000, the Water Resources and Environment
Subcommittee approved by voice vote, H.R. 1106, with an
amendment in the nature of a substitute. The substitute
amendment (a) redrafted this authorization as an amendment to
title II of the Clean Water Act; (b) made technical and
clarifying changes; (c) expanded the geographic scope of the
program; (d) clarified that a project that has received funds
under the reclamation and reuse programs of the Bureau of
Reclamation is not eligible for funding under the EPA grant
program; and (e) instructed the EPA Administrator to take into
account the eligibility of a project for funding under the
Bureau of Reclamation's reclamation and reuse program when
selecting projects for funding under the EPA program.
On Tuesday, April 11, 2000, the Committee on Transportation
and Infrastructure met in open session and ordered the bill
reported to the House by voice vote.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes in the Committee.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 1106.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
1106 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 19, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1106, the
Alternative Water Sources Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs) and Victoria Heid Hall (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen).
Enclosure.
congressional budget office cost estimate
H.R. 1106--Alternative Water Sources Act of 2000
Summary: H.R. 1106 would authorize the appropriation of $75
million for each of fiscal years 2000 through 2004 for a new
water supply program to be administered by the Environmental
Protection Agency (EPA). It would authorize grants to state
agencies for the planning, construction, and testing of
projects designed to meet critical water supply needs, subject
to certain conditions. Projects that have already received
funding under the Reclamation Projects Authorization and
Adjustment Act would not be eligible for grants under this
bill. CBO estimates that implementing this legislation would
cost $256 million over the 2000-2005 period, assuming
appropriation of the authorized amounts.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 1106
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: For purposes of
this estimate, CBO assumes that the amounts authorized will be
appropriated for each fiscal year and that outlays will follow
the pattern of past appropriations for similar projects. The
estimated impact of H.R. 1106 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and the environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level............................................. 75 75 75 75 75 0
Estimated outlays............................................... 2 17 38 60 71 68
----------------------------------------------------------------------------------------------------------------
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 1106
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no cost on state, local, or
tribal governments. Enacting the bill would benefit state and
local governments by authorizing grants and any costs to match
grant funds would be incurred voluntarily.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
impact on State, local, and tribal governments: Victoria Heid
Hall; impact on the private sector: Jean Wooster.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 220 OF THE FEDERAL WATER POLLUTION CONTROL ACT
SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) In General.--The Administrator may make grants to State,
interstate, and intrastate water resource development agencies
(including water management districts and water supply
authorities), local government agencies, private utilities, and
nonprofit entities for alternative water source projects to
meet critical water supply needs.
(b) Eligible Entity.--The Administrator may make grants under
this section to an entity only if the entity has authority
under State law to develop or provide water for municipal,
industrial, and agricultural uses in an area of the State that
is experiencing critical water supply needs.
(c) Selection of Projects.--
(1) Limitation.--A project that has received funds
under the reclamation and reuse program conducted under
the Reclamation Projects Authorization and Adjustment
Act of 1992 (43 U.S.C. 390h et seq.) shall not be
eligible for grant assistance under this section.
(2) Additional consideration.--In making grants under
this section, the Administrator shall consider whether
the project is located within the boundaries of a State
or area referred to in section 1 of the Reclamation Act
of June 17, 1902 (32 Stat. 385), and within the
geographic scope of the reclamation and reuse program
conducted under the Reclamation Projects Authorization
and Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
(d) Committee Resolution Procedure.--
(1) In general.--No appropriation shall be made for
any alternative water source project under this
section, the total Federal cost of which exceeds
$3,000,000, if such project has not been approved by a
resolution adopted by the Committee on Transportation
and Infrastructure of the House of Representatives or
the Committee on Environment and Public Works of the
Senate.
(2) Requirements for securing consideration.--For
purposes of securing consideration of approval under
paragraph (1), the Administrator shall provide to a
committee referred to in paragraph (1) such information
as the committee requests and the non-Federal sponsor
shall provide to the committee information on the costs
and relative needs for the alternative water source
project.
(e) Uses of Grants.--Amounts from grants received under this
section may be used for engineering, design, construction, and
final testing of alternative water source projects designed to
meet critical water supply needs. Such amounts may not be used
for planning, feasibility studies or for operation,
maintenance, replacement, repair, or rehabilitation.
(f) Cost Sharing.--The Federal share of the eligible costs of
an alternative water source project carried out using
assistance made available under this section shall not exceed
50 percent.
(g) Reports.--
(1) Reports to administrator.--Each recipient of a
grant under this section shall submit to the
Administrator, not later than 18 months after the date
of receipt of the grant and biennially thereafter until
completion of the alternative water source project
funded by the grant, a report on eligible activities
carried out by the grant recipient using amounts from
the grant.
(2) Report to congress.--On or before September 30,
2005, the Administrator shall transmit to Congress a
report on the progress made toward meeting the critical
water supply needs of the grant recipients under this
section.
(h) Definitions.--In this section, the following definitions
apply:
(1) Alternative water source project.--The term
``alternative water source project'' means a project
designed to provide municipal, industrial, and
agricultural water supplies in an environmentally
sustainable manner by conserving, managing, reclaiming,
or reusing water or wastewater or by treating
wastewater.
(2) Critical water supply needs.--The term ``critical
water supply needs'' means existing or reasonably
anticipated future water supply needs that cannot be
met by existing water supplies, as identified in a
comprehensive statewide or regional water supply plan
or assessment projected over a planning period of at
least 20 years.
(i) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $75,000,000 for each
of fiscal years 2000 through 2004. Such sums shall remain
available until expended.