[House Report 110-252]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-252

======================================================================



 
  BAY AREA REGIONAL WATER RECYCLING PROGRAM AUTHORIZATION ACT OF 2007

                                _______
                                

 July 23, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1526]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1526) to amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act to authorize the Bay Area 
Regional Water Recycling Program, and for other purposes, 
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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Bay Area Regional Water Recycling 
Program Authorization Act of 2007''.

SEC. 2. PROJECT AUTHORIZATIONS.

  (a) In General.--The Reclamation Wastewater and Groundwater Study and 
Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) 
is amended by adding at the end the following:

``SEC. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE 
                    PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the City of 
Palo Alto, California, and the City of Mountain View, California, is 
authorized to participate in the design, planning, and construction of 
recycled water distribution systems.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the City of 
Pittsburg, California, and the Delta Diablo Sanitation District, is 
authorized to participate in the design, planning, and construction of 
recycled water system facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,750,000.

``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the City of 
Antioch, California, and the Delta Diablo Sanitation District, is 
authorized to participate in the design, planning, and construction of 
recycled water system facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,250,000.

``SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the North 
Coast County Water District, is authorized to participate in the 
design, planning, and construction of recycled water system facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,500,000.

``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the City of 
Redwood City, California, is authorized to participate in the design, 
planning, and construction of recycled water system facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,100,000.

``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

  ``(a) Authorization.--The Secretary, in cooperation with the South 
County Regional Wastewater Authority and the Santa Clara Valley Water 
District, is authorized to participate in the design, planning, and 
construction of recycled water system distribution facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,000,000.

``SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.

  ``(a) Authorization.--The Secretary, in cooperation with the City of 
San Jose, California, and the Santa Clara Valley Water District, is 
authorized to participate in the design, planning, and construction of 
recycled water treatment facilities.
  ``(b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the total 
cost of the project.
  ``(c) Limitation.--The Secretary shall not provide funds for the 
operation and maintenance of the project authorized by this section.
  ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,250,000.''.
  (b) Conforming Amendments.--The table of sections for Public Law 102-
575 is amended by inserting after the last item relating to title XVI 
the following:

``Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline 
Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. North Coast County Water District Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.
``Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.''.

SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT.

  It is the intent of Congress that a comprehensive water recycling 
program for the San Francisco Bay Area include the San Jose Area water 
reclamation and reuse program authorized by section 1607 of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (43 
U.S.C. 390h-5).

                          Purpose of the Bill

    The purpose of H.R. 1526 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
design and construction of seven water recycling projects as 
part of the Bay Area Regional Water Recycling Program (BARWRP).

                  Background and Need for Legislation

    H.R. 1526 would authorize limited federal financial 
assistance for the design and construction of a water recycling 
and water reuse plant in Santa Rosa, California by amending the 
Reclamation Wastewater and Groundwater Study and Facilities Act 
(Title XVI of P.L. 102-575).
    H.R. 1526, when completed, will provide 1,000 million 
gallons of recycled water (3,000 acre-feet) per year to 
irrigate parks, median strips, new developments, business parks 
and other urban irrigation needs. This will help avoid both 
fresh water withdrawals and treated wastewater discharges into 
the Russian River.

                            Committee Action

    Rep. George Miller introduced H.R. 1526 on March 14, 2007. 
The bill has seven cosponsors. Similar legislation was 
introduced by Rep. Miller in the 109th Congress (H.R. 6218), 
but no action was taken on that bill. There is no Senate 
companion bill.
    The bill was referred to the Committee on Natural 
Resources, Subcommittee on Water and Power. A hearing was held 
on H.R. 1526 on May 24, 2007 at which there was no opposition 
to either of these projects, and the proposed legislation was 
deemed uncontroversial. On June 12, 2007, the Subcommittee met 
to mark up the bill. Two non-controversial amendments were 
introduced. The first amendment increased the Pittsburg project 
by $350,000. The second amendment changed the language in 
Section 3 to reflect the Senate language. H.R. 1526, as 
amended, was adopted by unanimous consent and then forwarded to 
the Full Committee. On June 27, 2007, the Full Natural 
Resources Committee met to consider the bill. H.R. 1526 was 
favorably reported to the House of Representatives, as amended, 
by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 lists the short title as the ``Bay Area Regional 
Water Recycling Program Authorization Act of 2007''.

Section 2. Project authorizations

    Section 2 amends the Reclamation Wastewater and Groundwater 
Study and Facilities Act (Public Law 102-575, title XVI; 43 
U.S.C. 390h et seq.) by authorizing the Secretary of the 
Interior to participate in the design and construction of seven 
water recycling projects that will be part of the Bay Area 
Regional Water Recycling Program (BARWRP).
    The legislation specifies that the federal government is 
responsible for $27,850,000, equal to 25 percent of the capital 
costs of the seven respective projects. The costs for each 
project are as follows: $5 million for the Mountain View--
Moffett Area Reclaimed Water Pipeline Project; $1.75 million 
for the City of Pittsburg Project; $2.25 million for the City 
of Antioch Project, $2.5 million for the North Coast County 
Water District Project; $1.1 million for the Redwood City 
Project; $7 million for the City of Gilroy/Santa Clara Valley 
Water District project; and $8.25 million for the South Bay 
Advanced Recycled Water Treatment Facility.

Section 3. San Jose Area Water Reclamation and Reuse Project

    The city of San Jose Project was initially authorized in 
the Reclamation Wastewater and Groundwater Study and Facilities 
Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.). 
While authorized 15 years ago, the Department of the Interior 
has been slow to request appropriate funding, and this project 
has not been fully funded by Congress. Section 3 was included 
in H.R. 1526 to express Congress' concern for the lack of 
adequate funding for this project. The bill was amended at 
Subcommittee to reflect the Senate language in S. 1475, 
indicating that the San Jose Area Water Reclamation and Reuse 
Project is an important part of the collaborative regional 
effort to meet the water challenges facing the San Francisco 
Bay Area and the State of California.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the design and 
construction of seven water recycling projects as part of the 
Bay Area Regional Water Recycling Program (BARWRP).
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1526--Bay Area Regional Water Recycling Program Authorization Act 
        of 2007

    Summary: H.R. 1526 would authorize the Secretary of the 
Interior to participate in the planning, design, and 
construction of several water recycling projects in the San 
Francisco Bay area of California.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 1526 would cost $28 million 
over the 2008-2012 period. Enacting the bill would not affect 
direct spending or revenues.
    H.R. 1526 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1526 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--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................       12       12        4        0        0
Estimated Outlays..................................................       10       14        4        0        0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2007 and that 
the necessary amounts will be appropriated for each year.
    H.R. 1526 would authorize the Secretary of the Interior to 
participate in the planning, design, and construction of 
several water recycling projects in the San Francisco Bay area 
of California. The projects would be constructed with the 
cooperation of the affected municipalities. Based on 
information from the Department of the Interior, CBO estimates 
that the total cost of all the projects would be about $110 
million.
    Under the legislation, the federal share of the cost of the 
project would be limited to the lesser of 25 percent of the 
total cost or $28 million, and federal funds would not be 
available for operation and maintenance of the projects.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $28 
million (25 percent of $110 million) over the 2008-2012 period.
    Intergovernmental and private-sector impact: H.R. 1526 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The amounts authorized to be appropriated by 
the bill would benefit a number of cities and water districts 
in California.
    Estimate prepared by: Federal Costs: Tyler Kruzich; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1526 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.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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):

     RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

                          (Public Law 102-575)

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``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.  16xx.  Mountain View, Moffett Area Reclaimed Water Pipeline 
          Project.
Sec.  16xx.  Pittsburg Recycled Water Project.
Sec.  16xx.  Antioch Recycled Water Project.
Sec.  16xx.  North Coast County Water District Recycled Water Project.
Sec.  16xx.  Redwood City Recycled Water Project.
Sec.  16xx.  South Santa Clara County Recycled Water Project.
Sec.  16xx.  South Bay Advanced Recycled Water Treatment Facility.

           *       *       *       *       *       *       *


       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. 16XX. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE 
                    PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of Palo Alto, California, and the City of Mountain View, 
California, is authorized to participate in the design, 
planning, and construction of recycled water distribution 
systems.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000.

SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of Pittsburg, California, and the Delta Diablo Sanitation 
District, is authorized to participate in the design, planning, 
and construction of recycled water system facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $1,750,000.

SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of Antioch, California, and the Delta Diablo Sanitation 
District, is authorized to participate in the design, planning, 
and construction of recycled water system facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $2,250,000.

SEC. 16XX. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
North Coast County Water District, is authorized to participate 
in the design, planning, and construction of recycled water 
system facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $2,500,000.

SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
City of Redwood City, California, is authorized to participate 
in the design, planning, and construction of recycled water 
system facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $1,100,000.

SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

  (a) Authorization.--The Secretary, in cooperation with the 
South County Regional Wastewater Authority and the Santa Clara 
Valley Water District, is authorized to participate in the 
design, planning, and construction of recycled water system 
distribution facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $7,000,000.

SEC. 16XX. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.

  (a) Authorization.--The Secretary, in cooperation with the 
City of San Jose, California, and the Santa Clara Valley Water 
District, is authorized to participate in the design, planning, 
and construction of recycled water treatment facilities.
  (b) Cost Share.--The Federal share of the cost of the project 
authorized by this section shall not exceed 25 percent of the 
total cost of the project.
  (c) Limitation.--The Secretary shall not provide funds for 
the operation and maintenance of the project authorized by this 
section.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $8,250,000.

           *       *       *       *       *       *       *


                                  
