59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–15 

HEALTHY COMMUNITIES WATER SUPPLY ACT OF 2007 

FEBRUARY 16, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 700] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 700) to amend the Federal Water Pollution Control Act to extend the pilot program for alternative water 

source projects, having considered the same report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 700 amends section 220 of the Federal Water Pollution Control Act (Clean Water Act) to reauthorize appropriations for the Environmental Protection Agency (EPA) to provide grants for alternative water source projects to meet critical water supply needs. 

BACKGROUND AND NEED FOR LEGISLATION

In recent years, there has been increasing interest by communities across the nation and by Congress in ensuring the availability of water sources to meet future water supply needs. Growth 

in population and increasing environmental awareness are causing 

many communities to explore alternative water supplies through 

reclamation, reuse, and conservation. 

While Clean Water Act construction grants (before Fiscal Year 

1991) and State Revolving Loan Funds (since Fiscal Year 1989) 

have been available for such activities, most expenditures to date 

have been for more traditional wastewater projects, and not for enhancing water supplies through wastewater reuse and water recycling. 

mstockstill on PROD1PC66 with HEARING

2 

To provide Federal assistance, in 2000, Congress amended the 

Clean Water Act to add section 220 (Title VI of P.L. 106–457). Section 220 authorized appropriations of $75 million for fiscal years 

2002 through 2004 for EPA to make grants for alternative water 

source projects to entities with authority under State law to develop or provide water for municipal and industrial or agricultural 

uses in areas that are experiencing critical water supply needs, 

with a non-Federal cost share of 50 percent. This authorization has 

expired. Reauthorization of section 220 of the Clean Water Act provides an authority to help meet some critical water supply needs 

around the nation. 

SUMMARY OF THE LEGISLATION

H.R. 700, as reported, amends section 220 of the Clean Water 

Act to authorize a total of $125 million for EPA grants for alternative water source projects. There is no fiscal year limitation on 

the authorization of appropriations. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On March 16, 2005, the Subcommittee on Water Resources and 

Environment of the Committee on Transportation and Infrastructure held a hearing on Member project requests for the Water Resources Development Act of 2005. Among the Member project requests discussed at the hearing and received by the Subcommittee 

were requests for water reuse projects to augment water supplies, 

although single purpose municipal and industrial water supply 

projects are not a primary mission of the U.S. Army Corps of Engineers and are cost-shared as 100 percent reimbursable. 

In addition, in the 108th Congress, the Subcommittee on Water 

Resources and Environment held hearings on issues relating to 

water scarcity and demand on May 22 and June 4, 2003. 

In the 109th Congress, H.R. 1359 was introduced on March 17, 

2005, and referred to the Committee on Transportation and Infrastructure. The Committee on Transportation and Infrastructure 

met in open session on May 18, 2005, to consider H.R. 1359 and 

other legislation. The Committee adopted by voice vote an amendment in the nature of a substitute. The amendment removed the 

fiscal year limitation on the authorization of appropriations, leaving the total amount authorized at $125 million. The Committee ordered the bill, as amended, reported to the House by voice vote. No 

further action was taken on this bill. 

Representatives McNerney and Tauscher introduced H.R. 700 on 

January 29, 2007. This legislation was modeled after H.R. 1359, as 

approved by the Committee on May 18, 2005, and authorized appropriations of $125 million for EPA to provide grants for alternative water source projects to meet critical water supply needs. 

On January 31, 2007, the Subcommittee on Water Resources and 

Environment considered H.R. 700 and recommended the bill favorably to the Committee on Transportation and Infrastructure by 

voice vote. On February 7, 2007, the Committee on Transportation 

and Infrastructure met in open session, and ordered the bill reported to the House by voice vote. 

mstockstill on PROD1PC66 with HEARING

3 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with ordering H.R. 700 reported. A motion to order H.R. 700 reported to the House was agreed to by voice 

vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objective of this legislation are to meet critical water supply 

needs around the Nation by developing or providing additional 

water for municipal, industrial, or agricultural uses through alternative water source projects. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 700 from the Director of the Congressional Budget Office. 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, February 12, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 700, the Healthy Communities Water Supply Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Susanne S. Mehlman 

mstockstill on PROD1PC66 with HEARING

4 

(for federal costs), and Lisa Ramirez-Branum (for the state and 

local impact). 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 700—Healthy Communities Water Supply Act of 2007 

Summary: CBO estimates that implementing this legislation would cost $86 million over the 2007–2012 period, assuming appropriation of the authorized amount. H.R. 700 would authorize an 

Environmental Protection Agency program to provide grants to 

states, interstate and intrastate water resource development agencies, local government agencies, private utilities, and nonprofit entities to develop projects that would enhance water supplies by 

reusing or treating wastewater. This legislation would authorize 

the appropriation of $125 million for a pilot program without any 

fiscal-year limitation. Enacting the bill would not affect direct 

spending or revenues. 

H.R. 700 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: For this estimate, 

CBO assumes that the bill will be enacted in fiscal year 2007 and 

that the amount authorized will be appropriated over the 2007–

2011 period. Estimated outlays are based on historical spending 

patterns of similar grant programs. The estimated budgetary impact of H.R. 700 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— 

2007 2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 25 25 25 25 25 0 

Estimated Outlays .................................................................................... 1 5 13 20 24 23 

Note: The pilot program that would be authorized by this bill has not been previously funded. 

Intergovernmental and private-sector impact: H.R. 700 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. Enacting this bill would benefit states receiving grant funding. Those grants require a nonfederal cost-share of at least 50 percent. Because that requirement would be a condition for receiving 

federal assistance, it would not be a mandate under UMRA. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman; Impact on State, Local, and Tribal Governments: Lisa RamirezBranum; Impact on the Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 700, the Healthy Communities Water Supply 

Act of 2007, does not contain any congressional earmarks, limited 

mstockstill on PROD1PC66 with HEARING

5 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI of the Rules of the House of Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 700 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

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): 

FEDERAL WATER POLLUTION CONTROL ACT 

* * * * * * * 

TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT 

WORKS 

* * * * * * * 

mstockstill on PROD1PC66 with HEARING

6 

SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE 

PROJECTS. 

(a) * * * 

* * * * * * * 

(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section a total of ø$75,000,000 for 

fiscal years 2002 through 2004¿ $125,000,000. Such sums shall remain available until expended. 

* * * * * * * 

Æ 

mstockstill on PROD1PC66 with HEARING