[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5483 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5483
To promote water supply reliability and improved water management for
rural communities, the State of California, and the Nation, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Mr. Harder of California (for himself, Mr. Garamendi, Mr. Costa, Mr.
Panetta, and Mr. Swalwell) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To promote water supply reliability and improved water management for
rural communities, the State of California, and the Nation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Access for the central
Valley and Enhancing (SAVE) Water Resources Act''.
SEC. 2. WATER INFRASTRUCTURE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Water Infrastructure and
Drought Solutions Fund'' (referred to in this section as the ``Fund''),
consisting of--
(1) such amounts as are deposited in the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (c)(1)(B).
(b) Deposits to Fund.--
(1) In general.--For each of fiscal years 2032 through
2062, the Secretary of the Treasury shall deposit in the Fund
$750,000,000 of the revenues that would otherwise be deposited
for the fiscal year in the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), of which--
(A) $250,000,000 shall be expended by the Secretary
of the Interior for new surface or ground water storage
projects provided that--
(i) expenditures are made for
nonreimbursable public benefits under Federal
reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental
to and amendatory of that Act); and
(ii) Federal expenditures account for no
more than 50 percent of total costs for any
project;
(B) $250,000,000 shall be expended by the Secretary
of the Interior for water reclamation and reuse
projects authorized under title XVI of Public Law 102-
575 and section 4009 of Public Law 114-322; and
(C) $250,000,000 shall be expended by the Secretary
of the Interior for WaterSMART grants authorized under
the Omnibus Public Lands Management Act of 2009 (42
U.S.C. 10364).
(2) Availability of amounts.--Amounts deposited in the Fund
under this section shall--
(A) be made available in accordance with this
section, without further appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(c) Expenditures From Fund.--
(1) In general.--Subject to subsection (b), for each of
fiscal years 2032 through 2062, the respective Secretary may
expend from the Fund, in accordance with this section, not more
than an amount equal to the sum of--
(A) the amounts deposited in the Fund that year
under subsection (b); and
(B) the amount of interest accrued in the Fund for
the fiscal year in which the expenditures are made.
(2) Additional expenditures.--
(A) In general.--The Secretary may expend more in
any fiscal year than the amounts described in
subsection (a) if the additional amounts are available
in the Fund as a result of a failure of the Secretary
to expend all of the amounts available under subsection
(a) in 1 or more prior fiscal years.
(B) Retention in accounts.--Any additional amounts
referred to in paragraph (1) shall--
(i) accrue interest in accordance with this
section; and
(ii) only be expended for the purposes for
which expenditures from the Fund are
authorized.
SEC. 3. GROUND WATER RECHARGE PLANNING.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds that--
(A) there is a lack of information regarding local
ground water storage and recharge opportunities in the
Western United States;
(B) additional information regarding local ground
water storage and recharge opportunities can help
inform future Federal and State funding activities and
assist State government initiatives such as
implementation of part 2.74 of the California Water
Code (commonly known as the ``Sustainable Groundwater
Management Act''); and
(C) challenges associated with drought and extreme
aridity from changing weather patterns will require
additional investment in ground water storage and
recharge.
(2) Purpose.--The purpose of this section is to help inform
future Federal, State, local, and other investment in ground
water recharge projects.
(b) Definitions.--In this section:
(1) Critically overdrafted basins.--The term ``critically
overdrafted basins'' means those basins identified by the
California Department of Water Resources pursuant to part 2.74
of the California Water Code (commonly known as the
``California's Sustainable Groundwater Management Act'').
(2) Reclamation state.--The term ``Reclamation State''
means any Reclamation State (as defined in section 4014 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322; 43 U.S.C. 390b note)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(c) Evaluation and Report.--
(1) In general.--Not later than 4 years after the date of
the enactment of this Act, the Secretary shall complete an
evaluation and report to Congress that identifies potential
ground water storage and recharge opportunities in each
Reclamation State including recharge opportunities in
critically overdrafted basins.
(2) Report.--The report to Congress shall include--
(A) an assessment of potentially beneficial storage
and recharge locations based on the Secretary's
assessment of--
(i) hydrologic attributes;
(ii) geologic attributes;
(iii) engineering attributes;
(iv) water supply benefits;
(v) environmental benefits;
(vi) infrastructure benefits related to
mitigation of subsidence-related infrastructure
damage; and
(vii) sustainability benefits for
critically overdrafted basins; and
(B) an assessment of potential conveyance
infrastructure needs to move excess runoff to the
recharge locations identified by the Secretary under
this section.
(3) Coordination.--To the maximum extent practicable, the
Secretary shall coordinate research activities with Reclamation
State agencies, ground water sustainability agencies,
universities, and nonprofit organizations in a manner designed
to assist with implementation of State-led initiatives such as
part 2.74 of the California Water Code (commonly known as the
``Sustainable Groundwater Management Act'').
SEC. 4. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PILOT
PROGRAM.
(a) Short Title.--This section may be cited as the ``Reclamation
Infrastructure Finance and Innovation Act''.
(b) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish and carry out a
pilot program under which the Secretary shall provide to eligible
entities described in section 5025 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 3904) financial assistance to carry
out eligible projects described in subsection (c) of this section.
(c) Eligible Projects.--
(1) In general.--A project eligible to receive assistance
under this section is a water supply project that, as
determined by the Secretary--
(A) is located in--
(i) the State of Alaska;
(ii) the State of Hawaii; or
(iii) a Reclamation State (as defined in
section 4014 of the Water Infrastructure
Improvements for the Nation Act (Public Law
114-322; 43 U.S.C. 390b note));
(B) would contribute directly or indirectly
(including through ground water recharge) to a safe,
adequate water supply for domestic, agricultural,
environmental, municipal, or industrial use; and
(C) is otherwise eligible for assistance under this
section.
(2) Small community projects.--For projects eligible for
assistance under this section and section 5028(a)(2)(B) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3907(a)(2)(B)), the Secretary may assist applicants in
combining 1 or more projects into a single application in order
to meet the minimum project cost of $5,000,000 required under
such section 5028(a)(2)(B).
(d) Eligible Entities.--The following entities are eligible to
receive assistance under this section:
(1) An entity described in section 5025 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3904).
(2) A conservancy district, reclamation district, or
irrigation district.
(3) A canal company or mutual water company.
(4) A water users' association.
(5) An agency established by an interstate compact.
(6) Any other individual or entity that has the capacity to
contract with the United States under the reclamation laws.
(e) Requirements.--
(1) Project selection.--In selecting eligible projects to
receive assistance under this section, the Secretary shall
ensure diversity with respect to--
(A) project type; and
(B) geographical location, both within and among
the States referred to in subsection (c)(1).
(2) Importation of other requirements.--The following shall
apply to the pilot program under this section:
(A) Sections 5022, 5024, 5027, 5028, 5029, 5030,
5031, 5032, and 5034(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 3901, 3903,
3906, 3907, 3908, 3909, 3910, 3911, and 3913(a)),
except that--
(i) any reference contained in those
sections to the Secretary of the Army shall be
considered to be a reference to the Secretary
of the Interior;
(ii) any reference contained in those
sections to an eligible project shall be
considered to be a reference to an eligible
project described in subsection (c) of this
section;
(iii) subsections (a)(1)(E), (a)(6)(B), and
(b)(3) of section 5028 of that Act (33 U.S.C.
3907) shall not apply with respect to this
section; and
(iv) subsections (e) and (f) of section
5030 of that Act (33 U.S.C. 3909) shall not
apply with respect to this section.
(B) The agreement between the Administrator of the
Environmental Protection Agency and the Commissioner of
Reclamation required under section 4301 of the
America's Water Infrastructure Act of 2018 (Public Law
115-270).
(C) Other applicable environmental laws, including
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the pilot program under this section
$150,000,000 for fiscal years 2024 through 2028, to remain
available until expended.
(2) Administrative costs.--Of the funds made available
under paragraph (1), the Secretary may use for administrative
costs of carrying out the pilot program under this section
(including for the provision of technical assistance to project
sponsors pursuant to paragraph (3) and in obtaining necessary
approvals and transfer to the Administrator of the
Environmental Protection Agency to provide assistance in
administering and servicing Federal credit instruments under
the pilot program) not more than $5,000,000 for each applicable
fiscal year.
(3) Small community projects.--
(A) In general.--Subject to subparagraph (B), the
Commissioner may use the funds made available under
paragraph (2) to provide assistance, including
assistance to pay the costs of acquiring the rating
opinion letters under section 5028(a)(1)(D) of the
Water Resources Reform and Development Act of 2014 (33
U.S.C. 3907(a)(1)(D)), to assist project sponsors in
obtaining the necessary approval for small community
projects that are eligible for assistance under section
5028(a)(2)(B) of that Act.
(B) Limitation.--Assistance provided to a project
sponsor under subparagraph (A) may not exceed an amount
equal to 75 percent of the total administrative costs
incurred by the project sponsor in securing financial
assistance under this section.
(g) Limitation.--No project that receives financial assistance
under this section may be financed (directly or indirectly), in whole
or in part, with proceeds of any obligation the interest on which is
exempt from the tax imposed under chapter 1 of the Internal Revenue
Code of 1986.
(h) Eligibility for Assistance.--
(1) Eligible projects.--The following projects may be
carried out using assistance made available under this section:
(A) A project for the reclamation and reuse of
municipal, industrial, domestic, and agricultural
wastewater, and naturally impaired ground water, which
the Secretary, acting through the Commissioner of
Reclamation, is authorized to undertake.
(B) Any water infrastructure project not
specifically authorized by law that--
(i) the Secretary determines, through the
completion of an appraisal investigation and
feasibility study, would contribute to a safe,
adequate water supply for domestic,
agricultural, environmental, or municipal and
industrial use; and
(ii) is otherwise eligible for assistance
under this section.
(C) A new water infrastructure facility project,
including--
(i) a water conduit, pipeline, or canal;
and
(ii) pumping, power, and associated
facilities.
(D) A project for enhanced energy efficiency in the
operation of a water system.
(E) A project for accelerated repair and
replacement of all, or a portion, of an aging water
distribution facility.
(F) A brackish or sea water desalination project.
(G) Acquisition of real property or an interest in
real property for water storage, reclaimed or recycled
water, or wastewater, if the acquisition is integral to
a project described in subparagraphs (A) through (F).
(H) A project to deliver water to wildlife refuges.
(I) A combination of projects, each of which is
eligible under subparagraphs (A) through (H), for which
an eligible entity submits a single application.
(2) Activities eligible for assistance.--For the purposes
of this section, an eligible activity with respect to an
eligible project under paragraph (1) includes the cost of--
(A) development-phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, transaction costs,
preliminary engineering and design work, and other
preconstruction activities;
(B) construction, reconstruction, rehabilitation,
and replacement activities;
(C) the acquisition of real property (including
water rights, land relating to the project, and
improvements to land), environmental mitigation,
construction contingencies, and acquisition of
equipment;
(D) capitalized interest necessary to meet market
requirements, reasonably required reserve funds,
capital issuance expenses, and other carrying costs
during construction;
(E) refinancing interim construction funding, long-
term project obligations, or a secured loan, loan
guarantee, or other credit enhancement made under this
section;
(F) refinancing long-term project obligations or
Federal credit instruments, if that refinancing
provides additional funding capacity for the
completion, enhancement, or expansion of any project
selected for assistance under this Act;
(G) reimbursement or success payments to any public
or private entity that achieves predetermined outcomes
on a pay-for-performance or pay-for-success basis; and
(H) grants, loans, or credit enhancement for
community development financial institutions, green
banks, and other financial intermediaries providing
ongoing finance for projects that meet the purposes of
this section.
SEC. 5. FEASIBILITY STUDIES.
As soon as practicable after the date of the enactment of this Act,
in compliance with all environmental and other applicable laws, the
Secretary of the Interior shall complete all remaining feasibility
studies associated with Del Puerto Canyon Reservoir, located in the
foothills of the Coast Range mountains west of Patterson, California.
SEC. 6. RURAL WATER SUPPLY PROGRAM REAUTHORIZATION.
The Rural Water Supply Act of 2006 (Public Law 109-451) is
amended--
(1) in section 109(a) (43 U.S.C. 2408(a)), by striking
``2016'' and inserting ``2028''; and
(2) in section 110 (43 U.S.C. 2409), by striking ``2016''
and inserting ``2028''.
SEC. 7. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER RECYCLING
AND REUSE PROJECTS.
(a) Competitive Grant Program for the Funding of Water Recycling
and Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (title XVI of Public Law 102-575;
43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3)
and inserting the following:
``(2) Priority.--When funding projects under paragraph (1),
the Secretary shall give funding priority to projects that meet
one or more of the following criteria:
``(A) Projects that are likely to provide a more
reliable water supply for States and local governments.
``(B) Projects that are likely to increase the
water management flexibility and reduce impacts on
environmental resources from projects operated by
Federal and State agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple benefits,
including water supply reliability, eco-system
benefits, ground water management and enhancements, and
water quality improvements.''.
(b) Authorization of Appropriations.--Section 1602(g) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (title
XVI of Public Law 102-575; 43 U.S.C. 390h et seq.) is amended--
(1) by striking ``$50,000,000'' and inserting
``$500,000,000 through fiscal year 2027''; and
(2) by striking ``if enacted appropriations legislation
designates funding to them by name.''.
(c) Duration.--Section 4013 of the WIIN Act (Public Law 114-332; 43
U.S.C. 390b note) is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking ``4007, 4009(a), and
4009(c).'' and inserting ``4007 and 4009(a); and''
(3) by adding at the end the following:
``(3) section 4009(c).''.
(d) Limitation on Funding.--Section 1631(d) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and
inserting ``$30,000,000 (January 2019 prices)''.
SEC. 8. WATER TECHNOLOGY AWARD PROGRAM AND INVESTMENT PROGRAMS.
(a) Award Program Established.--The Secretary of the Interior,
acting through the Bureau of Reclamation, shall establish a program to
award prizes to eligible persons described in subsection (b) for
achievement in 1 or more of the following applications of water
technology:
(1) Demonstration of desalination of brackish or sea water
with significantly less energy than commercially available
reverse osmosis technology.
(2) Demonstration of portable or modular desalination units
that can process 1 to 5,000,000 gallons per day that can be
deployed for temporary emergency uses in coastal communities or
communities with brackish ground water supplies.
(3) Demonstration of significant advantages over
commercially available reverse osmosis technology as determined
by the board established under subsection (c).
(4) Reducing open water evaporation.
(5) Improving methods to treat and reuse agricultural
drainage waters.
(6) Reducing the loss of threatened and endangered fish due
to fish predation.
(7) Reducing the entrainment of fish larvae on screens and
intakes.
(b) Eligible Person.--For the purposes of awarding prizes under
subsection (a), an eligible person is--
(1) an individual who is--
(A) a citizen or legal resident of the United
States; or
(B) a member of an agricultural group or
organization that includes citizens or legal residents
of the United States;
(2) an entity that is incorporated and maintains its
primary place of business in the United States; or
(3) a public water agency.
(c) Establishment of Board.--
(1) In general.--The Secretary of the Interior shall
establish a board (referred to in this section as the
``Board'') to administer the program established under
subsection (a).
(2) Membership.--The Board shall be composed of not less
than 15 and not more than 21 members appointed by the
President, including--
(A) at least 1 member with expertise in the field
of water technology or administering award
competitions; and
(B) at least 1 representative for each the
following:
(i) The interests of academic, business,
and nonprofit organizations.
(ii) Agricultural water users.
(iii) Municipal and industrial water users.
(iv) The Bureau of Reclamation of the
Department of the Interior.
(v) The National Science Foundation.
(d) Awards.--Subject to the availability of appropriations, the
Board may make awards under the program established under subsection
(a) as follows:
(1) Financial prize.--The Board may hold a financial award
competition and award a financial award in an amount determined
before the commencement of the competition to the first
competitor to meet such criteria as the Board shall establish.
(2) Recognition prize.--
(A) In general.--The Board may recognize an
eligible person for superlative achievement in 1 or
more applications described in subsection (a).
(B) No financial remuneration.--An award under this
paragraph shall not include any financial remuneration.
(C) National technology and innovation medal
recommendations.--If an eligible person is recognized
under this paragraph, the Board shall recommend to the
Secretary of Commerce that a recommendation be
submitted to the President to award such eligible
person the National Technology and Innovation Medal
under section 3711 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3711).
(e) Administration.--
(1) Contracting.--The Board may contract with a private
organization to administer a financial award competition
described in subsection (d)(1).
(2) Solicitation of funds.--A member of the Board or any
administering organization with which the Board has a contract
under paragraph (1) may solicit gifts from private and public
entities to be used for a financial award under subsection
(d)(1).
(3) Limitation on participation of donors.--The Board may
allow a donor who is a private person described in paragraph
(2) to participate in the determination of criteria for an
award under subsection (d), but such donor may not solely
determine the criteria for such award.
(4) No advantage for donation.--A donor who is a private
person described in paragraph (3) shall not be entitled to any
special consideration or advantage with respect to
participation in a financial award competition under subsection
(d)(1).
(f) Intellectual Property.--The Federal Government may not acquire
an intellectual property right in any product or idea by virtue of the
submission of such product or idea in any competition under subsection
(d)(1).
(g) Liability.--The Board may require a competitor in a financial
award competition under subsection (d)(1) to waive liability against
the Federal Government for injuries and damages that result from
participation in such competition.
(h) Annual Report.--Each year, the Board shall submit to Congress a
report on the program established under subsection (a).
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
sums for the program established under subsection (a) as
follows:
(A) For administration of prize competitions under
subsection (d), $750,000 for each fiscal year.
(B) For the awarding of a financial prize award
under subsection (d)(1), in addition to any amounts
received under subsection (e)(2), $2,000,000 for each
fiscal year.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.
(j) Water Technology Investment Program Established.--The Secretary
of the Interior, acting through the Bureau of Reclamation, shall
establish a program, pursuant to the Reclamation Wastewater and
Groundwater Study and Facilities Act (title XVI of Public Law 102-575),
the Water Desalination Act of 1996 (Public Law 104-298), and other
applicable laws, to promote the expanded use of technology for
improving availability and resiliency of water supplies and power
deliveries, which shall include--
(1) investments to enable expanded and accelerated
deployment of desalination technology;
(2) investments to enable expanded and accelerated use of
recycled water; and
(3) investments that improve water management, using best
available science, and include real-time monitoring of wildlife
and water deliveries.
(k) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year for the Secretary to carry
out the purposes and provisions of subsection (j). Funds made available
under this subsection shall be considered a nonreimbursable Federal
expenditure and shall remain available until expended.
SEC. 9. LOS VAQUEROS RESERVOIR EXPANSION.
In compliance with all environmental and other applicable laws, the
Secretary of the Interior shall take all necessary steps as
expeditiously as possible, to complete all necessary reviews to issue a
Record of Decision on the Los Vaqueros Reservoir Expansion Phase II
project.
SEC. 10. EXPEDITED RESPONSE TO INCLUSION REQUEST.
The Secretary of the Interior, acting through the Bureau of
Reclamation, shall expedite to the Stockton East Water District a
detailed response with respect to affecting changes of the Water
District's inclusion request dated June 7, 2023 (relating to the
inclusion of new lands into the Water District's Central Valley Project
service area), and shall make such changes to ensure the inclusion of
the new lands into the Water District's Central Valley Project Service
area.
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