House Report 111-268 - BAY AREA REGIONAL WATER RECYCLING PROGRAM EXPANSION ACT OF 2009

[House Report 111-268]
[From the U.S. Government Publishing Office]

111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-268

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BAY AREA REGIONAL WATER RECYCLING PROGRAM EXPANSION ACT OF 2009

_______

September 29, 2009.--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. 2442]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred
the bill (H.R. 2442) to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to expand the Bay Area
Regional Water Recycling Program, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.

Purpose of the Bill

The purpose of H.R. 2442 is to amend the Reclamation
Wastewater and Groundwater Study and Facilities Act to expand
the Bay Area Regional Water Recycling Program, and for other
purposes.

Background and Need for Legislation

The Bay Area Regional Water Recycling Program (BARWRP) is a
partnership among 17 local San Francisco Bay Area water and
wastewater agencies, the California Department of Water
Resources (DWR), and the Bureau of Reclamation. Federal
participation in the BARWRP program was first authorized in
1992, in Title XVI of Public Law 102-575.
The Bay Area Recycled Water Master Plan (Master Plan) was
completed in 1999 and identified 33 recycled water treatment
plants throughout the Bay Area (except in the North Bay). Most
of the projects will be operated by local and/or regional
BARWRP member agencies. Since the completion of the Master
Plan, BARWRP agencies have invested nearly $300 million in
local funds for water recycling projects.
The Master Plan identified corridors for cost-effective
recycled water delivery, as well as projects to be completed in
both the near-term (by 2010) and mid-term (by 2025). It is
estimated that the 33 projects identified in the Master Plan
will have the potential to supply 125,000 acre-feet of recycled
water annually by 2010 and approximately 240,000 acre-feet per
year by 2025. This rate of implementation was based upon the
Master Plan's analysis of the driving forces of development and
cost/benefit analyses. For the near-term program to be fully
implemented by 2010, the plan recommended that design and
construction costs be funded 25 percent by the federal
government, 25 percent by the state government, and 50 percent
by local agencies. This would have amounted to funding of $20
million per year each from the federal and state government for
years 2000-2010 in order to provide 50 percent of the funding
for the near-term implementation of 125,000 acre-feet. This
level of funding has not occurred and therefore the short term
goal of producing 125,000 acre-feet of water will most likely
not be met.
The Bay Area Regional Water Recycling Program Authorization
Act of 2007 was enacted into law in the 110th Congress (Public
Law 110-229). The legislation authorized seven of the 33
projects in the Master Plan. The seven projects are estimated
to provide 11,550 acre-feet of water annually by 2010 and
37,600 acre-feet annually by 2025.

Committee Action

H.R. 2442 was introduced on May 14, 2009 by Rep. George
Miller (D-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. On July 21, 2009 the Subcommittee held a
hearing on the bill.
On September 10, 2009 the Subcommittee was discharged from
further consideration of H.R. 2442 and the full Natural
Resources Committee met to consider the bill. The bill was
ordered favorably reported to the House of Representatives by
unanimous consent.

Section-by-Section Analysis

Section 1. Short title

Section 1 provides that this Act may be cited as ``the Bay
Area Regional Water Recycling Program Expansion Act of 2009.''

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 the
Central Contra Costa Sanitary District (CCCSD)--Concord
Recycled Water Project; the Central Dublin Recycled Water
Distribution and Retrofit Project; the Petaluma Recycled Water
Project, Phases 2A, 2B, and 3; the Central Redwood City
Recycled Water Project; the Palo Alto Recycled Water Pipeline
Project; and the Ironhouse Sanitary District--Antioch Recycled
Water Project.
This section further provides that in general, the federal
share for the projects shall not exceed 25 percent of the total
cost of the project, and that the Secretary of the Interior
shall not provide funds for the operation and maintenance of
the facility. There is an authorization for appropriations of
$1.8 million for the CCCSD--Concord Recycled Water Project;
$1.15 million for the Central Dublin Recycled Water
Distribution and Retrofit Project; $6 million for the Petaluma
Recycled Water Project, Phases 2A, 2B, and 3; $8 million for
the Central Redwood City Recycled Water Project; $8.25 million
for the Palo Alto Recycled Water Pipeline Project; and $7
million for the Ironhouse Sanitary District--Antioch Recycled
Water Project.
The six water recycling projects authorized by H.R. 2442,
would create up to 14,470 acre-feet of recycled water. The
total authorization of appropriations for Section 2 is $32.2
million.

Section 3. Modification to authorized projects

Section 3 modifies the cost ceiling for two authorized
projects: the Antioch Recycled Water Project and the South Bay
Advanced Recycled Water Treatment Facility.

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 expand the Bay Area
Regional Water Recycling Program, and for other purposes.
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. 2442--Bay Area Regional Water Recycling Program Expansion Act of
2009

Summary: H.R. 2442 would authorize the Bureau of
Reclamation (BOR) to participate in six new water recycling
projects and to increase the federal share of the costs for two
existing projects in the San Francisco Bay area of California.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing H.R. 2442 would cost $38 million over the
2010-2014 period. Enacting the legislation would not affect
direct spending or revenues.
H.R. 2442 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. 2442 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--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................... 8 8 8 8 6 38
Estimated Outlays.................................. 5 7 9 9 8 38
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that H.R.
2442 will be enacted near the beginning of fiscal year 2010.
Estimated outlays are based on historical spending patterns for
similar water recycling projects.
H.R. 2442 would authorize BOR to increase the federal share
of project costs by a total of $6 million for two water
recycling projects previously authorized in the San Francisco
Bay area. The bill also would authorize BOR to design, plan,
and construct six new water recycling projects in that area.
The bill would authorize the appropriation of $32 million for
the new projects to cover 25 percent of those projects' total
development costs (about $129 million). In total, the bill
would authorize the appropriation of $38 million. (CBO assumes
that total would be provided in roughly equal increments over
the next five years.) The remaining project costs would be the
responsibility of local governments, as would the costs of
operating and maintaining the facilities.
Intergovernmental and private-sector impact: H.R. 2442
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
bill would benefit a number of cities and water districts in
California.
Estimate prepared by: Federal Costs: Aurora Swanson; 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.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Earmark Statement

H.R. 2442 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 (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 GROUND WATER STUDIES

Sec. 1601. Short title.
* * * * * * *
Sec. 1649. CCCSD-Concord recycled water project.
Sec. 1650. Central Dublin recycled water distribution and retrofit
project.
Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3.
Sec. 1652. Central Redwood City recycled water project.
Sec. 1653. Palo Alto recycled water pipeline project.
Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water
project.

* * * * * * *

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. 1644. ANTIOCH RECYCLED WATER PROJECT.

(a) * * *
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$2,250,000]
$3,125,000.

* * * * * * *

SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT FACILITY.

(a) * * *

* * * * * * *

(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section [$8,250,000]
$13,250,000.

SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, 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 $1,800,000.

SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT
PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
Dublin San Ramon Services District, 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 $1,150,000.

SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3.

(a) Authorization.--The Secretary, in cooperation with the
City of Petaluma, 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 $6,000,000.

SEC. 1652. CENTRAL 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 $8,000,000.

SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
City of Palo Alto, 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 $8,250,000.

SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER
PROJECT.

(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District (ISD), 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 $7,000,000.