[House Report 110-15]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-15
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HEALTHY COMMUNITIES WATER SUPPLY ACT OF 2007
_______
February 16, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 700]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 700) to amend the Federal Water
Pollution Control Act to extend the pilot program for
alternative water source projects, having considered the same
report favorably thereon without amendment and recommend that
the bill do pass.
Purpose of the Legislation
H.R. 700 amends section 220 of the Federal Water Pollution
Control Act (Clean Water Act) to reauthorize appropriations for
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 by 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, and conservation.
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 through
wastewater reuse and water recycling.
To provide Federal assistance, in 2000, Congress amended
the Clean Water Act to add section 220 (Title VI of P.L. 106-
457). Section 220 authorized appropriations of $75 million for
fiscal years 2002 through 2004 for EPA to make grants for
alternative water source projects to 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, with a non-Federal cost share of
50 percent. This authorization has expired. Reauthorization of
section 220 of the Clean Water Act provides an authority to
help meet some critical water supply needs around the nation.
Summary of the Legislation
H.R. 700, as reported, amends section 220 of the Clean
Water Act to authorize a total of $125 million for EPA grants
for alternative water source projects. There is no fiscal year
limitation on the authorization of appropriations.
Legislative History and Committee Consideration
On March 16, 2005, the Subcommittee on Water Resources and
Environment of the Committee on Transportation and
Infrastructure held a hearing on Member project requests for
the Water Resources Development Act of 2005. Among the Member
project requests discussed at the hearing and received by the
Subcommittee were requests for water reuse projects to augment
water supplies, although single purpose municipal and
industrial water supply projects are not a primary mission of
the U.S. Army Corps of Engineers and are cost-shared as 100
percent reimbursable.
In addition, in the 108th Congress, the Subcommittee on
Water Resources and Environment held hearings on issues
relating to water scarcity and demand on May 22 and June 4,
2003.
In the 109th Congress, H.R. 1359 was introduced on March
17, 2005, and referred to the Committee on Transportation and
Infrastructure. The Committee on Transportation and
Infrastructure met in open session on May 18, 2005, to consider
H.R. 1359 and other legislation. The Committee adopted by voice
vote an amendment in the nature of a substitute. The amendment
removed the fiscal year limitation on the authorization of
appropriations, leaving the total amount authorized at $125
million. The Committee ordered the bill, as amended, reported
to the House by voice vote. No further action was taken on this
bill.
Representatives McNerney and Tauscher introduced H.R. 700
on January 29, 2007. This legislation was modeled after H.R.
1359, as approved by the Committee on May 18, 2005, and
authorized appropriations of $125 million for EPA to provide
grants for alternative water source projects to meet critical
water supply needs.
On January 31, 2007, the Subcommittee on Water Resources
and Environment considered H.R. 700 and recommended the bill
favorably to the Committee on Transportation and Infrastructure
by voice vote. On February 7, 2007, the Committee on
Transportation and Infrastructure met in open session, and
ordered the bill reported to the House by voice vote.
Record 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 record 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 recorded votes taken in connection with ordering H.R.
700 reported. A motion to order H.R. 700 reported to the House
was agreed to by voice vote with a quorum present.
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(c)(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
performance goals and objective of this legislation are to meet
critical water supply needs around the Nation by developing or
providing additional water for municipal, industrial, or
agricultural uses through alternative water source projects.
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. 700
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 12, 2007.
Hon. James L. Oberstar,
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. 700, the Healthy
Communities Water Supply Act of 2007.
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 Lisa Ramirez-Branum (for the
state and local impact).
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 700--Healthy Communities Water Supply Act of 2007
Summary: CBO estimates that implementing this legislation
would cost $86 million over the 2007-2012 period, assuming
appropriation of the authorized amount. H.R. 700 would
authorize an Environmental Protection Agency program to provide
grants to states, interstate and intrastate water resource
development agencies, local government agencies, private
utilities, and nonprofit entities to develop projects that
would enhance water supplies by reusing or treating wastewater.
This legislation would authorize the appropriation of $125
million for a pilot program without any fiscal-year limitation.
Enacting the bill would not affect direct spending or revenues.
H.R. 700 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 this
estimate, CBO assumes that the bill will be enacted in fiscal
year 2007 and that the amount authorized will be appropriated
over the 2007-2011 period. Estimated outlays are based on
historical spending patterns of similar grant programs. The
estimated budgetary impact of H.R. 700 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--
-----------------------------------------------
2007 2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................... 25 25 25 25 25 0
Estimated Outlays............................................... 1 5 13 20 24 23
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Note: The pilot program that would be authorized by this bill has not been previously funded.
Intergovernmental and private-sector impact: H.R. 700
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enacting this bill would benefit states
receiving grant funding. Those grants require a nonfederal
cost-share of at least 50 percent. Because that requirement
would be a condition for receiving federal assistance, it would
not be a mandate under UMRA.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 700, the Healthy Communities Water
Supply Act of 2007, does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules
of the House of Representatives.
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).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 700 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are 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 (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):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
* * * * * * *
SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) * * *
* * * * * * *
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
[$75,000,000 for fiscal years 2002 through 2004] $125,000,000.
Such sums shall remain available until expended.
* * * * * * *