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

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



 
    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.