[Senate Report 110-322]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 674
110th Congress                                                   Report
2d Session                      SENATE                       110-322
                                                      
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  BAY AREA REGIONAL WATER RECYCLING PROGRAM AUTHORIZATION ACT OF 2007 

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1526]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1526) to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize in the Bay Area Regional Water Recycling Program, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
do pass.

                         Purpose of the Measure

    The purpose of H.R. 1526 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Bay Area Regional Water Recycling Program, and 
for other purposes.

                          Background and Need

    The Bay Area Regional Water Recycling Program (BARWRP) is a 
partnership between 17 local San Francisco Bay Area water and 
wastewater agencies and the California Department of Water 
Resources (DWR), which is dedicated to maximizing water 
recycling throughout the region. The partnership was formed by 
Title XVI of the Reclamation Projects Authorization and 
Adjustment Act of 1992, P.L. 102-575, which brought Bay area 
agencies together to study opportunities to recycle treated 
wastewater for beneficial uses.
    The Bay Area Recycled Water Master Plan, completed in 1999, 
identified 125,000 acre-feet/year (af/yr) by 2010, and about 
240,000 af/yr by 2025, that could be made available through 
water recycling efforts. The BARWRP agencies have invested 
nearly $300 million of local funds in water recycling projects, 
and many more projects are ready to be built. Federal 
investment in these highly leveraged, locally managed projects 
will help ensure the security of water supplies in the Bay 
Area, a region that encompasses the Sacramento-San Joaquin 
Delta system, which is the largest estuary on the west coast of 
North America and the source of drinking water for two-thirds 
of California. In particular, this new water supply will help 
preserve State and Federal reservoir supplies in California for 
uses other than urban landscape irrigation, including drought-
year protections. The projects included in H.R. 1526 are 
estimated to yield approximately 12,200 af/yr of water in the 
short-term and 37,600 af/yr in the long-term.

                          Legislative History

    H.R. 1526, was introduced on March 16, 2007 by 
Representative George Miller and referred to the House Natural 
Resources Committee. Representatives Anna Eshoo, Michael Honda, 
Tom Lantos, Zoe Lofgren, Jerry McNerney, Pete Stark, and Ellen 
Tauscher are original cosponsors. Under suspension of the 
rules, H.R. 1526 passed the House of Representatives on July 
23, 2007, and was referred to the Committee on Energy and 
Natural Resources in the Senate.
    A companion measure, S. 1475, was introduced by Senator 
Feinstein for herself and Senator Boxer on May 24, 2007, and 
referred to the Committee on Energy and Natural Resources. The 
Subcommittee on Water and Power held a hearing on S. 1475 and 
H.R. 1526 on August 1, 2007. (S. Hrg. 110-170.) At its business 
meeting on January 30, 2008, the Committee on Energy and 
Natural Resources ordered H.R. 1526 favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by voice vote of a quorum 
present, recommends that the Senate pass H.R. 1526.

                      Section-by-Section Analysis

    Section 1 provides the short title of the Act.
    Section 2(a) amends the Reclamation Wastewater and 
Groundwater Study and Facilities Act by authorizing the 
Secretary to participate in the design, planning, and 
construction of the following new projects in California: (1) 
Mountain View, Moffett Area Reclaimed Water Pipeline Project, 
at a 25% cost-share up to $5,000,000; (2) Pittsburg Recycled 
Water Project, at a 25% cost-share up to $1,750,000; (3) 
Antioch Recycled Water Project, at a 25% cost-share up to 
$2,250,000; (4) North Coast County Water District Project, at a 
25% cost-share up to $2,500,000; (5) Redwood City Recycled 
Water Project, at a 25% cost-share up to $1,100,000; (6) South 
Santa Clara County Recycled Water Project, at a 25% cost-share 
up to $7,000,000; and (7) South Bay Advanced Recycled Water 
Facility, at a 25% cost-share up to $8,250,000.
    Section 2(b) contains conforming amendments to the 
Reclamation Wastewater and Groundwater Study and Facilities 
Act.
    Section 3 states the intent of Congress regarding the scope 
of section 1607 of the Reclamation Projects Authorization and 
Adjustment Act of 1992.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by 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 help plan, design, and construct 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 2008-2013 period. Enacting the legislation 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) 
and would impose no costs on state, local, or tribal 
governments.
    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      2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONEstimated Authorization Level.......................         4        12        10         2         0         0
Estimated Outlays...................................         3         9        14         2         0         0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted in fiscal year 2008 and that the 
necessary amounts will be appropriated for each year.
    H.R. 1526 would authorize the Secretary of the Interior to 
help plan, design, and construct 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 act, the federal share of those costs would be 
limited to the lesser of 25 percent or $28 million. Federal 
funds would not be available for operating and maintaining 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 2008-2013 period.
    Intergovernmental and private-sector impact: H.R. 1526 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Funds authorized to be appropriated by the 
act 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: Melissa Merrell; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, 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 H.R. 1526. 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 H.R. 1526, as ordered reported.

                   Congressionally Directed Spending

    S. 1526, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Reclamation at the 
Subcommittee hearing on August 1, 2007 on companion measure, S. 
1475, follows:

 Statement of Larry Todd, Deputy Commissioner, Bureau of Reclamation, 
                    U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, I am Larry 
Todd, Deputy Commissioner for Policy, Administration and Budget 
with the Bureau of Reclamation. I am pleased to be here today 
to provide the Department of the Interior's views on S. 1475, 
the Bay Area Regional Water Recycling Program Authorization 
Act. The Department does not support S. 1475.
    S. 1475 would amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act (Public Law 102-575, 43 
U.S.C. 390h et seq.) to include authorization for construction 
of seven new projects. These new projects are the Mountain View 
Moffett Area Reclaimed Water Pipeline Project; the Pittsburg 
Recycled Water Project; the Antioch Recycled Water Project; the 
North Coast County Water District Recycled Water Project; the 
Redwood City Recycled Water Project; the South Santa Clara 
County Recycled Water Project; and the South Bay Advanced 
Recycled Water Treatment Facility. The Federal share of the 
costs to implement each of the seven new Title XVI projects 
would not exceed 25 percent. S. 1475 also establishes a Federal 
cost ceiling for each of the seven new projects, collectively 
totaling $27.5 million.
    Of the 32 specific Title XVI projects authorized to date, 
21 have received funding. The remaining estimated total 
authorized Federal cost share of these 21 active Title XVI 
projects is at least $328 million. Given the costs of the 
currently active Title XVI projects, we do not support the 
authorization of new projects at this time.
    I would like to briefly describe the status of these 
projects, most of which are already under review by 
Reclamation's Regional and Area Office staff. Of the seven 
projects providing new Title XVI construction authorization, 
the South Bay Advanced Recycled Water Treatment Facility, is 
already authorized by Congress and is considered feasible under 
Reclamation guidelines. Two additional projects--the Pittsburg 
Recycled Water Project and the Mountain View/Moffett Area 
Recycled Water Project--have received feasibility 
determinations from Reclamation.
    Meanwhile, the sponsors of the South Santa Clara County 
Recycled Water Project and the Antioch Recycled Water Project 
have not yet completed a review of their draft feasibility 
reports and environmental documents. Therefore, the feasibility 
reports do not meet the requirements for Title XVI feasibility 
studies.
    Feasibility reports for the last two projects identified 
for construction authorization in S. 1475--the North Coast 
County Water District Recycled Water Project and the Redwood 
City Recycled Water Project--were reviewed by the Bureau of 
Reclamation in 2006. The feasibility reports for both projects 
needed additional environmental and financial capability 
information. To date, the project sponsors have not provided 
this additional information in order for Reclamation to 
complete the determination of feasibility.
    Although one of the projects included in the bill is 
already authorized for design, planning, and construction, and 
two of the projects have feasibility reports that meet the 
requirements of Title XVI feasibility studies, the remaining 
four projects do not have feasibility reports that meet those 
requirements. As such, the Department believes that it is 
premature to authorize projects prior to completion of 
feasibility reports.
    While Reclamation does not support new authorizations for 
Federal cost sharing of water recycling projects, we understand 
that the projects established by Title XVI are important to 
many water users in the West. To that end, Reclamation has set 
about revising and improving its Directives and Standards that 
govern reviews of Title XVI projects. By doing so, we believe 
that Reclamation can play a more constructive role with local 
sponsors in weighing the merits and ultimate feasibility of 
proposed water recycling projects.
    The Department appreciates local efforts to address future 
water issues. However, in light of the concerns expressed 
above, we do not support S. 1475. That concludes my prepared 
remarks. I would be pleased 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 H.R. 1526, 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


      Public Law 102-575, Title XVI, Section 16XX (106 Stat. 4663)


                            TABLE OF CONTENTS

     * * * * * * *

        TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

Sec. 1. 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.

                                  
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