H. Rept. 104-790 - WATER DESALINATION ACT OF 1996104th Congress (1995-1996)
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104th Congress Rept. 104-790
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
WATER DESALINATION ACT OF 1996
_______
September 16, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany S. 811]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the Act (S.
811) to authorize research into the desalinization and
reclamation of water and authorize a program for States,
cities, or qualifying agencies desiring to own and operate a
water desalinization or reclamation facility to develop such
facilities, and for other purposes, having considered the same,
report favorably thereon with amendments and recommend that the
Act as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Desalination Act of 1996''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Desalination or desalting.--The terms ``desalination'' or
``desalting'' mean the use of any process or technique for the
removal and, when feasible, adaptation to beneficial use, of
organic and inorganic elements and compounds from saline or
biologically impaired waters, by itself or in conjunction with
other processes.
(2) Saline water.--The term ``saline water'' means sea water,
brackish water, and other mineralized or chemically impaired
water.
(3) United states.--The term ``United States'' means the
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and
possessions of the United States.
(4) Usable water.--The term ``usable water'' means water of a
high quality suitable for environmental enhancement,
agricultural, industrial, municipal, and other beneficial
consumptive or nonconsumptive uses.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.
(a) In General.--In order to determine the most cost-effective and
technologically efficient means by which usable water can be produced
from saline water or water otherwise impaired or contaminated, the
Secretary is authorized to award grants and to enter into contracts, to
the extent provided in advance in appropriation Acts, to conduct,
encourage, and assist in the financing of research to develop processes
for converting saline water into water suitable for beneficial uses.
Awards of research grants and contracts under this section shall be
made on the basis of a competitive, merit-reviewed process. Research
and study topics authorized by this section include--
(1) investigating desalination processes;
(2) ascertaining the optimum mix of investment and operating
costs;
(3) determining the best designs for different conditions of
operation;
(4) investigating methods of increasing the economic
efficiency of desalination processes through dual-purpose co-
facilities with other processes involving the use of water;
(5) conducting or contracting for technical work, including
the design, construction, and testing of pilot systems and test
beds, to develop desalting processes and concepts; and
(6) studying methods for the recovery of byproducts resulting
from desalination to offset the costs of treatment and to
reduce environmental impacts from those byproducts.
(b) Project Recommendations and Reports to the Congress.--As soon as
practicable and within three years after the date of enactment of this
Act, the Secretary shall recommend to Congress desalination
demonstration projects or full-scale desalination projects to carry out
the purposes of this Act and to further evaluate and implement the
results of research and studies conducted under the authority of this
section. Recommendations for projects shall be accompanied by reports
on the engineering and economic feasibility of proposed projects and
their environmental impacts.
(c) Authority To Engage Others.--In carrying out research and studies
authorized in this section, the Secretary may engage the necessary
personnel, industrial or engineering firms, Federal laboratories, water
resources research and technology institutes, other facilities, and
educational institutions suitable to conduct investigations and studies
authorized under this section.
(d) Alternative Technologies.--In carrying out the purposes of this
Act, the Secretary shall ensure that at least three separate
technologies are evaluated and demonstrated for the purposes of
accomplishing desalination.
SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.
(a) In General.--In order to further demonstrate the feasibility of
desalination processes investigated either independently or in research
conducted pursuant to section 3, the Secretary shall administer and
conduct a demonstration and development program for water desalination
and related activities, including the following:
(1) Desalination plants and modules.--Conduct or contract for
technical work, including the design, construction, and testing
of plants and modules to develop desalination processes and
concepts.
(2) Byproducts.--Study methods for the marketing of
byproducts resulting from the desalting of water to offset the
costs of treatment and to reduce environmental impacts of those
byproducts.
(3) Economic surveys.--Conduct economic studies and surveys
to determine present and prospective costs of producing water
for beneficial purposes in various locations by desalination
processes compared to other methods.
(b) Cooperative Agreements.--Federal participation in desalination
activities may be conducted through cooperative agreements, including
cost-sharing agreements, with non-Federal public utilities and State
and local governmental agencies and other entities, in order to develop
recommendations for Federal participation in processes and plants
utilizing desalting technologies for the production of water.
SEC. 5. AVAILABILITY OF INFORMATION.
All information from studies sponsored or funded under authority of
this Act shall be considered public information.
SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.
The Secretary may--
(1) accept technical and administrative assistance from
States and public or private agencies in connection with
studies, surveys, location, construction, operation, and other
work relating to the desalting of water, and
(2) enter into contracts or agreements stating the purposes
for which the assistance is contributed and providing for the
sharing of costs between the Secretary and any such agency.
SEC. 7. COST SHARING.
The Federal share of the cost of a research, study, or demonstration
project or a desalination development project or activity carried out
under this Act shall not exceed 50 percent of the total cost of the
project or research or study activity. A Federal contribution in excess
of 25 percent for a project carried out under this Act may not be made
unless the Secretary determines that the project is not feasible
without such increased Federal contribution. The Secretary shall
prescribe appropriate procedures to implement the provisions of this
section. Costs of operation, maintenance, repair, and rehabilitation of
facilities funded under the authority of this Act shall be non-Federal
responsibilities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 3.--There are authorized to be appropriated to carry out
section 3 of this Act $5,000,000 per year for fiscal years 1997 through
2002. Of these amounts, up to $1,000,000 in each fiscal year may be
awarded to institutions of higher education, including United States-
Mexico binational research foundations and interuniversity research
programs esatblished by the two countries, for research grants without
any cost-sharing requirement.
(b) Section 4.--There are authorized to be appropriated to carry out
section 4 of this Act $25,000,000 for fiscal years 1997 through 2002.
Amend the title so as to read:
An Act to authorize the Secretary of the Interior to
conduct studies regarding the desalination of water and water
reuse, and for other purposes.
PURPOSE OF THE BILL
The purposes of S. 811 are to authorize the Secretary of
the Interior to conduct studies regarding the desalination of
water and water reuse, and to authorize a program for States,
cities, or qualifying agencies desiring to own and operate a
water desalination or reclamation facility to develop such
facilities.
BACKGROUND AND NEED FOR LEGISLATION
This bill would renew federal research and development into
desalination, which is the process of removing organic and
inorganic elements and compounds from saline or biologically
impaired waters to make it usable for beneficial consumptive or
nonconsumptive uses. The federal government devoted significant
resources to the research and development of desalination
technology in the 1950s and 1960s.
Despite the increasing shortage of usable surface and
ground water in many parts of the United States, there has been
little federally-sponsored research and development of
desalination technologies since the early 1980s. However,
Section 1605 of Public Law 102-575, the Reclamation Projects
Authorization and Adjustment Act of 1992, does authorize the
Secretary of the Interior to conduct research and to construct,
operate, and maintain cooperative demonstration projects for
the development and demonstration of appropriate treatment
technologies for the reclamation of naturally impaired ground
and surface waters.
Additional assistance by the federal government for
research to develop economically feasible alternatives in the
desalination and reuse of saline or biologically impaired water
would be provided under S. 811. Water desalination technologies
could provide water of a quality suitable for environmental
enhancement, agricultural, industrial, municipal, and other
beneficial consumptive or nonconsumptive uses.
COMMITTEE ACTION
S. 811 was introduced on May 17, 1995, by Senator Paul
Simon (D-IL), and passed the Senate on May 3, 1996. The bill
was received in the House of Representatives and referred
primarily to the Committee on Resources, and secondarily to the
Committees on Science and Transportation and Infrastructure.
Within the Committee on Resources, the bill was referred to the
Subcommittee on Water and Power Resources. On August 1, 1996,
the Subcommittee was discharged from further consideration of
the bill and the Full Resources Committee met to consider S.
811. Congressman John Doolittle (R-CA) offered an amendment in
the nature of a substitute to: (1) reduce the federal cost
share to a maximum of 50 percent, with a justification required
for any federal share exceeding 25 percent; (2) assign
responsibility for the programs authorized by the Act to the
Secretary of the Interior; (3) eliminate the provision for an
international desalination conference; and (4) reduce the
authorization for appropriations between fiscal years 1997 and
2002 to a total of $55 million from $75 million. Congressman
George Miller (D-CA) offered an amendment to the Doolittle
amendment to include United States-Mexico, binational
foundations and interuniversity research programs established
by the two countries among those eligible for grants without
any cost-sharing requirement. The Miller amendment was adopted
by voice vote, and the Doolittle amendment, as amended, was
also adopted by voice vote. The bill as amended was then
ordered favorably reported to the House of Representatives, by
voice vote, in the presence of a quorum.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This Act may be cited as the ``Water Desalination Act of
1996.''
Section 2. Definitions
This section defines ``desalination or desalting,''
``saline water,'' ``usable water,'' ``United States,'' and
``Secretary.'' Desalination or desalting is defined to mean the
use of any process or technique for the removal and, when
feasible, adaptation to beneficial use, of organic and
inorganic elements and compounds from saline or biologically
impaired waters, by itself or in conjunction with other
processes. Saline water is defined as sea water, brackish
water, and other mineralized or chemically impaired water.
Usable water is defined as water of a high quality suitable for
environmental enhancement, agricultural, industrial, municipal,
and other beneficial consumptive or nonconsumptive uses.
Section 3. Authorization of research and studies
This section authorizes the Secretary of the Interior to
award grants and enter into contracts to conduct, encourage,
and assist in the financing of research to develop processes
for converting saline water into water suitable for beneficial
use. Grants and contracts would be made on the basis of a
competitive, merit-reviewed process. Specific topics of
research and study are identified in this section.
This section requires the Secretary to recommend to
Congress desalination demonstration projects or full-scale
desalination projects that have proven successful, so that they
can be further evaluated and implemented. Recommendations will
be accompanied by reports on the engineering and economic
feasibility of the projects and their environmental impacts.
In implementing and evaluating these activities, the
Secretary is authorized to engage the necessary personnel,
industrial or engineering firms, federal laboratories, water
resources research and technology institutes, other facilities,
and educational institutions suitable to conduct investigations
under this section.
This section further requires the Secretary to ensure that
at least three separate technologies are evaluated and
demonstrated for the purposes of accomplishing desalination.
Section 4. Desalination demonstration and development
This section authorizes the Secretary of the Interior to
administer and conduct a demonstration and development program
for water desalination and related activities, including plants
and modules to develop desalination processes and concepts;
studies of methods for the marketing of byproducts resulting
from the desalting of water; and economic studies and surveys
to determine costs of producing water in various locations by
desalination processes compared to other methods.
This section states that federal participation in
desalination activities may be conducted through cooperative
agreements. This includes cost sharing agreements with non-
federal public utilities and State and local government
agencies and other entities, to develop recommendations for
federal participation in processes and plants utilizing
desalting technologies for the production of water.
Section 5. Availability of information
This section stipulates that all information from studies
sponsored or funded under authority of the Act shall be
considered public information.
Section 6. Technical and administrative assistance
This section authorizes the Secretary of the Interior to
accept technical and administrative assistance from States and
public or private agencies in connection with the desalting of
water. The Secretary is authorized to enter into contracts or
agreements stating the purposes for which the assistance is
contributed and providing for the sharing of costs between the
Secretary and any such agency.
Section 7. Cost sharing
This section states that the federal share of the cost of
activities authorized by this Act shall not exceed 50 percent
of the total cost. A federal contribution in excess of 25
percent of the cost of a project may not be made unless the
Secretary of the Interior determines that the project is not
feasible without such increased federal obligation. The
Secretary is directed to prescribe procedures to implement the
provisions of this section. The costs of operation,
maintenance, and rehabilitation of facilities funded under the
authority of this Act shall be entirely non-federal.
Section 8. Authorization of appropriations
This section authorizes an appropriation of $5,000,000 per
year for fiscal years 1997 through 2002. Up to $1,000,000 may
be awarded each fiscal year to institutions of higher
education, including United States-Mexico, binational research
foundations and interuniversity research programs established
by the two countries, for research grants without any
costsharing requirement.
This section also authorizes an appropriation of
$25,000,000 for fiscal years 1997 through 2002 to carry out
section 4 of the Act.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of S. 811 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
COST OF THE LEGISLATION
Clause 7(a) 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
S. 811. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.
COMPLIANCE WITH HOUSE RULE XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, S. 811
does not contain any new credit authority, or an increase or
decrease in revenues or tax expenditures. Additional
discretionary spending authority is provided, as described in
the Congressional Budget Office report, below.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of S. 811.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI 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 S. 811
from the Director of the Congressional Budget Office.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congress Budget Office has prepared
the enclosed cost estimate for S. 811, the Water Desalination
Research and Development Act of 1996.
Enacting S. 811 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
1. Bill number: S. 811.
2. Bill title: Water Desalination Act of 1996.
3. Bill status: As ordered reported by the House Committee
on Resources on August 1, 1996.
4. Bill purpose: S. 811 would authorize the Secretary of
the Interior to award grants and enter into contracts to
finance research into methods for converting saline water into
usable water and to administer a desalination program in
coordination with nonfederal entities. To conduct these
activities, the legislation would authorize the appropriation
of $55 million over the 1997-2002 period.
The federal share of the cost of a research, study, or
demonstration project under the program could not exceed 50
percent of the total cost of the project, except that a certain
amount each year may be awarded to educational institutions for
research grants without any cost-sharing requirement.
Nonfederal cost-sharing partners would be responsible for
operating and maintaining facilities funded under the authority
of S. 811.
5. Estimated cost to the Federal Government: Assuming
appropriation of the authorized amounts, CBO estimates that
enacting S. 811 would result in new discretionary spending
totaling $50 million over the 1997-2002 period and $5 million
in 2003. There is no funding under current law for the programs
that would be authorized by S. 811.
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level............................. 9 9 9 9 9 9
Estimated outlays......................................... 5 9 9 9 9 9
----------------------------------------------------------------------------------------------------------------
The costs of this legislation fall within budget function
300.
6. Basis of estimate: CBO assumes that total funding under
S. 811 would average roughly $9 million a year for each of
fiscal years 1997 through 2002: $5 million a year, as specified
for research and development activities, plus approximately $4
million a year of the $25 million total that is specified for
the water desalination program. Outlays are estimated based on
historical spending rates for similar programs.
7. Pay-as-you-go considerations: None.
8. Estimated impact on State, local, and tribal
governments: S. 811 contains no intergovernmental mandates as
defined in the Unfunded Mandates Reform Act of 1995 (Public Law
104-4) and would impose no costs on state, local, or tribal
governments. State and local entities that apply for and
receive grants under this program generally would be required
to pay at least 50 percent of the cost of research, study,
demonstration, and desalination development projects. Water
agencies, including such state and local entities, would be
required to pay all the costs of operating, maintaining, and
repairing facilities funded under this act. Up to $1 million
per year of the amounts authorized for research could be could
be awarded to institutions of higher education with no required
match.
Assuming that appropriations total $55 million over the
1997-2002 period, and that the maximum amount is used for
university research grants, nonfederal participants in these
projects would contribute at least $25 million in matching
funds over the period. These participants would be primarily
state and local governments and water agencies.
9. Estimated impact on the private sector: This legislation
would impose no new private-sector mandates as defined in
Public Law 104-4.
10. Previous CBO estimate: On April 17, 1996, CBO provided
an estimate for S. 811, as ordered reported by the Senate
Committee on Environment and Public Works on March 28, 1996.
The two estimates reflect differences in the two versions of
the legislation.
11. Estimate prepared by: Federal Cost Estimate: Gary
Brown; Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the Private Sector: Amy Downs.
12. Estimate approved by: Robert A. Sunshine (for Paul N.
Van de Water, Assistant Director for Budget Analysis).
COMPLIANCE WITH PUBLIC LAW 104-4
S. 811 contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, S. 811 would make no changes in existing law.