[Senate Report 108-232]
[From the U.S. Government Publishing Office]
Calendar No. 442
108th Congress Report
SENATE
2d Session 108-232
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HAWAII WATER RESOURCES ACT OF 2004
_______
March 9, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 960]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 960) to amend the Reclamation Wastewater
and Groundwater Study and Facilities Act to authorize certain
projects in the State of Hawaii and to amend the Hawaii
Resources Act of 2000 to modify the water resources study,
having considered the same, reports favorably thereon with
amendments and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. On page 1, line 5, strike ``2003'' and insert ``2004''.
2. On page 2, line 5, strike ``1636'' and insert ``1637''.
3. On page 3, strike lines 13 through 22 and insert the
following:
``is amended by inserting after the item relating to section
1636 the following:
``SEC. 1637. HAWAII RECLAMATION PROJECTS.''.
Purpose
The purpose of S. 960 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to
authorize certain projects in the State of Hawaii.
Background and Need
S. 960 authorizes the Secretary of the Interior to
undertake three water projects in the State of Hawaii.
Hawaii has areas on the leeward sides of all its islands
that are dry and have very limited water supplies. Many of
these areas have remarkable similarities to the high deserts in
the Western United States. Additionally, Hawaii is also
experiencing varying degrees of drought conditions both on the
Big Island and in other parts of the state. The Honolulu Board
of Water Supply projects that on Oahu freshwater use will
exceed recharge rates in 2018.
The three projects authorized in S. 960 would help Hawaii
better manage its water resources, particularly in some of the
areas where water is becoming increasingly scarce. The first
project, in Honolulu County, would provide a reliable source of
water through resource diversification to meet existing and
future water demands specifically in the Ewa area of Oahu,
where water demands are exceeding the availability of drinking
water. Specifically, the proposed project is a 5 million gallon
per day seawater desalination facility. Seawater Reverser
Osmosis Membrane Technology is proposed, in which approximately
11 million gallons per day of seawater is needed to produce 5
million gallons per day of potable water. Seawater source
wells, rather than direct ocean intake, will be used to ensure
higher water quality. Brine disposal will be through shallow
cap rock wells with temporary brine holding ponds.
The second project, north of Kona, would address the issue
of effluent being discharged into a temporary disposal sump
from the Kealakehe Wastewater Treatment Plant. The effluent has
a particularly high suspended solids content. The proposed
project will utilize subsurface wetlands to reduce the
suspended solids prior to disinfection. Retrofitting an
existing lagoon and completing construction of an additional
lagoon would create subsurface wetlands. An open surface
wetland would also be constructed to reduce the effluent
disposal, create habitat for two endangered species, and
provide recreational opportunities for the public. Once the
effluent water quality has been upgraded and the maximum amount
of flow diverted for use onsite in the constructed wetlands, a
distribution system would be needed to convey the recycled
water to potential users.
The final project, in Lahaina, would facilitate the use of
recycled water by extending the County of Maui's main recycled
water pipeline. The county has been one of the water recycling
leaders in the State of Hawaii; however, increased use of
recycled water is limited by the lack of adequate
infrastructure to distribute recycled water to additional
users. Specifically, a lack of adequate recycled water storage
and associated pipelines are the main constraints to increased
use of recycled water in the area.
Legislative History
S. 960 was introduced by Senator Akaka on April 30, 2003.
Senator Inouye is a co-sponsor. The Water and Power
Subcommittee held a hearing on S. 960 on May 13, 2003. S. Hrg.
108-64. At the business meeting on February 11, 2004, the
Committee on Energy and Natural Resources ordered S. 960,
favorably reported, with an amendment.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on February 11, 2004, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 960, if
amended, as described herein.
The rollcall vote on reporting the measure was 23 yeas, 0
nays, as follows:
YEAS NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell *
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith *
Mr. Bunning
Mr. Kyl *
Mr. Bingaman
Mr. Akaka
Mr. Dorgan *
Mr. Graham *
Mr. Wyden *
Mr. Johnson *
Ms. Landrieu *
Mr. Bayh *
Mrs. Feinstein *
Mr. Schumer *
Ms. Cantwell
* Indicates voted by proxy.
Committee Amendments
During consideration of S. 960, the Committee adopted an
amendment making three technical corrections to the bill and
striking a section previously passed on the Energy and Water
Development Appropriations Act of 2004 (Public Law 108-137).
Section-by-Section Analysis
Section 1 states the short title.
Section 2(a) amends the Reclamation Wastewater and
Groundwater Study and Facilities Act by adding a new section
1637.
Section 1637(a)(1) provides authorization for the
Secretary, in cooperation with the Board of Water Supply, City
and County of Honolulu, to participate in the design, planning,
and construction of a project in Kalaeola, Hawaii, to
desalinate and distribute seawater for direct potable use.
Section 1637(a)(2) authorizes the Secretary, in cooperation
with the county of Hawaii Department of Environmental
Management, to participate in the design, planning and
construction of facilities in Kealakehe, for the treatment and
distribution of recycled water for environmental purposes.
Section 1637(a)(3) authorizes the Secretary in cooperation
with the county of Maui Wastewater Reclamation Division, to
participate in the design, planning, and construction of, and
to acquire land for, facilities in Lahaina, Hawaii, for the
distribution of recycled water for non-potable uses.
Section 1637(b) provides a Federal cost share of no more
than 25 percent of the total cost of the project.
Section 1637(c) provides that the Federal funds shall not
be used for the operation and maintenance of the facilities.
Section 1637(d) authorizes appropriations. Section 2(b)
makes a conforming amendment to the table of contents.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 24, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 960, the Hawaii
Water Resources Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julie
Middleton.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 960--Hawaii Water Resources Act of 2004
Summary: S. 960 would authorize the Secretary of the
Interior to participate in three separate reclamation projects
in Hawaii. The Bureau of Reclamation estimates that these
projects would cost $66 million. The bill would limit the
federal share of project costs to 25 percent and would prohibit
the use of federal funds for operating or maintaining the
projects. In addition, this bill would increase the amount
authorized to be appropriated for the Hawaii Water Resources
Study from $0.3 million to $2 million.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 960 would cost $16 million over
the 2005-2009 period. Enacting S. 960 would not affect direct
spending or revenues.
S. 960 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. The federal funds authorized by this bill would
benefit local governments in Hawaii. Any costs incurred by
these governments to provide the required matching funds would
be voluntary.
Estimated Cost to the Federal Government: The estimated
budgetary impact of S. 960 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level............................. 0 5 4 4 4 0
Estimated outlays......................................... 0 3 4 4 4 1
----------------------------------------------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that S.
960 will be enacted before the end of fiscal year 2004 and that
the necessary amounts will be appropriated in each fiscal year
starting in 2005. Based on information from the Bureau of
Reclamation and historical spending patterns of similar
construction projects, CBO estimates that implementing the
construction projects outlined in this bill would cost $16
million over the 2005-2009 period.
CBO does not estimate a cost for increasing the
authorization of appropriations for the Hawaii Water Resources
Study because this provision became law in the Energy and Water
Development Appropriations Act, 2004 (Public Law 108-137).
Intergovernmental and Private-Sector Impact: S. 960
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The federal funds authorized by this bill
would benefit local governments in Hawaii. Any costs incurred
by these governments to provide the required matching funds
would be voluntary.
Estimate Prepared by: Federal Costs: Julie Middleton.
Impact on State, Local, and Tribal Governments: Marjorie
Miller. Impact on the Private Sector: Paige Piper/Bach.
Estimated Approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 960. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 960, as ordered reported.
Executive Communications
The Committee on Energy and Natural Resources requested
legislative reports from the Department of the Interior and the
Office of Management and Budget setting forth Executive agency
recommendations on S. 960 on May 13, 2003. These reports had
not been received at the time the report on S. 960 was filed.
The testimony provided by the Department of the Interior at the
Subcommittee hearing follows:
Statement of John W. Keys III, Commissioner, Bureau of Reclamation,
Department of the Interior
My name is John Keys and I am the Commissioner of the
Bureau of Reclamation. I am pleased to appear before this
Subcommittee to provide the Department's views on S. 960.
S. 960 would amend two Acts--the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.),
commonly called Title XVI, and the Hawaii Water Resources Act
of 2000 (Public Law 106-566, Title I).
Because S. 960 was introduced as recently as April 30,
2003, we have had little time to thoroughly analyze the merits
of the legislation. Therefore, until we have had
thatopportunity, we cannot support S. 960. We do note that section 2 of
the proposed legislation adds three additional projects to title XVI.
Due to the tremendous backlog of current projects already authorized
under this program, we currently oppose the addition of any new
projects. And, based on recent funding levels, it could take
Reclamation more than 15 years to complete funding of the 27 currently
authorized projects.
Thank you for the opportunity to comment on S. 960. That
concludes my statement and I would be happy to answer any
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 960, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992
* * * * * * *
SEC. 2. DEFINITION AND TABLE OF CONTENTS.
For purposes of this Act, the term ``Secretary'' means the
Secretary of the Interior.
TABLE OF CONTENTS
Sec. 1. Short title.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
Sec. 1601. Short title.
* * * * * * *
Sec. 1635. Lakehaven, Washington, Water Reclamation and Reuse Project.
Sec. 1637. Hawaii reclamation projects.
* * * * * * *
TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES
SEC. 1601. SHORT TITLE.
This title may be referred to as the ``Reclamation
Wastewater and Groundwater Study and Facilities Act''.
* * * * * * *
SEC. 1637. HAWAII RECLAMATION PROJECTS.
(a) Authorization.--The Secretary may--
(1) in cooperation with the Board of Water Supply,
City and County of Honolulu, Hawaii, participate in the
design, planning, and construction of a project in
Kalaeloa, Hawaii, to desalinate and distribute seawater
for direct potable use within the service area of the
Board;
(2) in cooperation with the County of Hawaii
Department of Environmental Management, Hawaii,
participate in the design, planning, and construction
of facilities in Kealakehe, Hawaii, for the treatment
and distribution of recycled water and for
environmental purposes within the County; and
(3) in cooperation with the County of Maui Wastewater
Reclamation Division, Hawaii, participate in the
design, planning, and construction of, and acquire land
for, facilities in Lahaina, Hawaii, for the
distribution of recycled water from the Lahaina
Wastewater Reclamation Facility for non-potable uses
within the County.
(b) Cost Share.--The Federal share of the costs of a
project described in subsection (a) shall not exceed 25 percent
of the total cost of the project.
(c) Limitation.--Funds provided by the Secretary shall not
be used for the operation and maintenance of a project
described in subsection (a).
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.