89–010 

Calendar No. 611 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–325 

BAY AREA REGIONAL WATER RECYCLING PROGRAM 

EXPANSION ACT 

SEPTEMBER 27, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2442] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (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, reports favorably thereon with an amendment 

and recommends that the Act, as amended, do pass. 

The amendment is as follows: 

On page 6, line 11, strike ‘‘shall’’ and insert ‘‘may’’. 

PURPOSE

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

The Bay Area Recycle Water Coalition consists of a group of 17 

local San Francisco Bay Area water agencies. Seven recycled water 

projects were authorized under the Bay Area Regional Water Recycling Program Authorization Act of 2007, Public Law 110–229. H.R. 

2442 will authorize 6 additional projects: (1) the Central Contra 

Costa Sanitary District; (2) the Dublin San Ramon Services District; (3) the City of Petaluma; (4) the City of Redwood City; (5) the 

City of Palo Alto; and (6) the Ironhouse Sanitary District. It will 

also authorize additional funding for the existing Antioch Recycled 

Water Project and the South Bay Advanced Recycled Water Treatment Facility project. 


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Continued drought conditions in California have resulted in low 

reliability of imported surface water supplies. Recycled water provides a new source of supply, reducing dependence on surface 

water while protecting groundwater resources from potential overdraft conditions and promoting wastewater management. The 

water agencies named in H.R. 2442 will utilize the Bureau of Reclamation’s Title XVI program to assist with funding for construction of recycled water distribution system facilities to reclaim, 

treat, and deliver recycled water for continued beneficial uses 

throughout the Bay Area region. Under H.R. 2442, federal funding 

contributions are limited to 25% of the project costs. 

LEGISLATIVE HISTORY

H.R. 2442 was sponsored by Representative George Miller and 

passed the House of Representatives on October 15, 2009. Companion legislation, S. 1138, was introduced by Senator Feinstein 

and Senator Boxer on May 21, 2009. The Subcommittee on Water 

and Power held a hearing on S. 1138 and H.R. 2442 on April 27, 

2010. The Committee on Energy and Natural Resources adopted an 

amendment to H.R. 2442 on July 22, 2010, and at its business 

meeting on August 5, 2010, and ordered it favorably reported with 

amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on August 5, 2010, by voice vote, recommends that the 

Senate pass H.R. 2442, if amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of H.R. 2442, the Committee adopted an 

amendment. The amendment replaces the word ‘‘shall’’ with the 

word ‘‘may’’ in providing the secretary discretion to reimburse 

project beneficiaries for certain construction costs incurred prior to 

enactment. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title of the bill. 

Section 2 amends the Reclamation Wastewater and Groundwater 

Study and Facilities Act, Title XVI of Public Law 102–575, by adding a new sections authorizing 6 additional project authorizations 

for: (1) the Central Contra Costa Sanitary District; (2) the Dublin 

San Ramon Services District; (3) the City of Petaluma; (4) the City 

of Redwood City; (5) the City of Palo Alto; and (6) the Ironhouse 

Sanitary District. The federal cost-share shall not exceed 25 percent of the total cost for each project. Section 2 also provides authority to the Bureau of Reclamation to reimburse construction 

costs incurred prior to enactment. 

Section 3 amends the Reclamation Wastewater and Groundwater 

Study and Facilities Act, Title XVI of Public Law 102–575, (as 

amended by section 512(a) of Public Law 110–229) to increase 

funding for the previously authorized Antioch Recycled Water 

Project and the South Bay Advanced Recycled Water Treatment 

Facility. 


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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by 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 

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 2011–2015 period. Enacting the 

legislation would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

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— 

2011 2012 2013 2014 2015 2011– 

2015 

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 2011. Estimated outlays are based on historical spending patterns for similar 

water resource projects. 

H.R. 2442 would authorize the Bureau of Reclamation to design, 

plan, and construct six new water recycling projects in the San 

Francisco Bay area. The legislation also would authorize an increase of $6 million for the federal share of project costs for two 

water recycling projects previously authorized in the bay area. In 

total, the bill would authorize the appropriation of $38 million. 

CBO assumes that those amounts would be provided in roughly 

equal increments over the next five years. 

Pay-as-you-go considerations: None. 

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. 

Previous CBO estimate: On September 28, 2009, CBO transmitted a cost estimate for H.R. 2442 as ordered reported by the 

House Committee on Natural Resources on September 10, 2009, 

with a subsequent amendment provided to CBO on September 28, 

2009. The two versions of the legislation are similar, and the CBO 

cost estimates are also similar. 


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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: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 2442. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 2442 as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 2442 as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

STATEMENT OF KIRA L. FINKLER, DEPUTY COMMISSIONER

FOR EXTERNAL AND INTERGOVERNMENTAL AFFAIRS, BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR

Madam Chairwoman and Members of the Subcommittee, 

I am Kira Finkler, Deputy Commissioner for External and 

Intergovernmental Affairs at the Bureau of Reclamation 

(Reclamation). I am pleased to provide the views of the Department of the Interior (Department) on S. 1138, the Bay 

Area Regional Water Recycling Program (BARWRP) Expansion Act of 2009. For reasons I will discuss below, the 

Administration cannot support the bill. 

S. 1138 would amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act (Public Law 102– 

575, 43 U.S.C. 390h et seq.), commonly called Title XVI, to 

authorize the Secretary of the Interior to participate in the 

design, planning, and construction of six new permanent 

facilities needed to reclaim, reuse, and treat groundwater 

and wastewater in the greater San Francisco Bay Area. 

The legislation would also increase the Federal cost share 

for two previously-authorized Title XVI projects in the 

same area from $10.5 million to $16.3 million. S. 1138 

would increase the number of BARWRP projects from 

eight to fourteen. These new projects are being implemented by the Central Contra Costa Sanitary District, the 

Dublin San Ramon Services District, the City of Petaluma, 

the City of Redwood City, the City of Palo Alto, and the 

Ironhouse Sanitary District. The Federal cost share inVerDate Mar 15 2010 07:08 Oct 01, 2010 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR325.XXX SR325

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creases would be for the Delta Diablo Sanitation District 

and the Santa Clara Valley Water District. 

NEW PROJECTS

The Central Contra Costa Sanitary District’s Concord 

Recycled Water Project feasibility report has been reviewed by Reclamation; a feasibility certification is expected to be made in April 2010. 

The Dublin San Ramon Services District’s Central Dublin Recycled Water Distribution and Retrofit Project’s feasibility materials were determined complete in December 

2009. 

The City of Petaluma’s Petaluma Recycled Water 

Project, Phase 2A, 2B, and 3 has not been determined to 

have a complete feasibility study. The City expects to submit feasibility materials by June 2010. 

The City of Redwood City has not submitted a complete 

feasibility report, financial capability information, or a 

NEPA compliance document for Reclamation’s review and 

determination for the Central Redwood City Recycled 

Water Project. The City is currently updating its city-wide 

General Plan; it is planned to be adopted by City Council 

in summer of 2010. Planning for the Central Redwood City 

project, including preparation of a feasibility report will 

begin after adoption of the General Plan. 

The City of Palo Alto’s Recycled Water Pipeline Project 

has not been determined to have a complete feasibility 

study. The City has not submitted financial capability information. The City anticipates submitting feasibility 

study materials by June 2010. The City continues to work 

on a NEPA compliance document. 

The Ironhouse Sanitary District has not submitted a feasibility report, financial capability information, or a NEPA 

compliance document for Reclamation’s review and determination for the Antioch Recycled Water Project. The District anticipates their recycled water master plan will be 

completed by the end of summer 2010. This plan will be 

the basis of the feasibility report that will be submitted in 

2011. NEPA related work is also anticipated for 2011. 

PREVIOUSLY AUTHORIZED PROJECTS—INCREASED COST

SHARE

Delta Diablo Sanitation District’s Antioch Recycled 

Water Project is authorized for construction, has been determined to have completed the necessary feasibility studies; it is financially capable under the Title XVI program, 

and is NEPA compliant. 

Santa Clara Valley Water District’s South Bay Advanced 

Recycled Water Treatment Facility is authorized for construction, has been determined to have completed the necessary feasibility studies; it is financially capable under 

the Title XVI program, and is NEPA compliant. 

S. 1138 would authorize these projects under Title XVI 

for Federal funding with project-specific maximum Federal 


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cost shares that do not to exceed 25 percent of the estimated total project cost. 

While the Department supports efforts to increase local 

water supplies and increase recycled water use, these 

projects would compete for funds with other needs within 

the Reclamation program, including other Title XVI 

projects currently under construction. In general, the Department supports the Title XVI Reclamation and Reuse 

program. The 2011 budget proposal includes funding for 

the Department’s WaterSMART Program, and Title XVI is 

an important element of that program. Specifically, the 

2011 budget proposal includes $29 million for the Title 

XVI program, a 113% increase over the 2010 enacted level. 

As part of this total, the Department is requesting $20 

million for Title XVI projects to be selected using criteria 

to identify activities most closely aligned with Title XVI 

statutory and program goals. On March 15, 2010, Reclamation posted an announcement inviting comment on 

draft funding criteria for Title XVI projects. After these 

criteria are finalized with comments received up through 

April 16, Reclamation will review and rank Title XVI 

project proposals received based on those criteria subject to 

appropriations in fiscal year 2011. 

Separately, in July of 2009, the Department announced 

the allocation of approximately $135 million in grants for 

specific authorized Title XVI projects using funds from the 

American Recovery and Reinvestment Act of 2009, or 

ARRA. We recognize that water reuse is an essential tool 

in stretching the limited water supplies in the West, and 

I believe the FY 2011 Budget request on top of the ARRA 

funding has demonstrated the emphasis placed by this Administration on this Program. However, given that there 

are 53 already authorized Title XVI projects and numerous 

competing mission priorities and demands on Reclamation’s budget, the Department cannot support the authorization of new Title XVI projects or extensions of existing 

authorized cost ceilings at this time. 

Reclamation will, however, continue to work with project 

proponents to evaluate the feasibility of their projects. 

Madam Chairwoman, this concludes my testimony. 

Thank you for the opportunity to comment on S. 1138. I 

would be pleased to answer any questions at this time. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill H.R. 

2442 as ordered 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): 


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RECLAMATION PROJECTS AUTHORIZATION AND 

ADJUSTMENT ACT OF 1992 

Public Law 102–575, Title XVI, Section 16XX (106 Stat. 4663) 

AN ACT To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to expand the Bay Area Regional Water Recycling Program, 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 ‘‘Reclamation Projects Authorization 

and Adjustment Act of 1992’’. 

SEC. 2. DEFINITION AND TABLE OF CONTENTS. 

* * * * * * * 

TABLE OF CONTENTS

* * * * * * * 

TITLE XVI—RECLAMATION WASTEWATER AND GROUNDWATER STUDIES 

* * * * * * * 

Sec. 16XX. CCCSD—Concord recycled water project. 

Sec. 16XX. Central Dublin recycled water distribution and retrofit project. 

Sec. 16XX. Petaluma recycled water project, phases 2a, 2b, and 3. 

Sec. 16XX. Central Redwood City recycled water project. 

Sec. 16XX. Palo Alto recycled water pipeline project. 

Sec. 16XX. 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) AUTHORIZATION.—The Secretary, in cooperation with the City 

of Antioch, California, and the Delta Diablo Sanitation District, is 

authorized to participate in the design, planning, and construction 

of recycled water system facilities. 

* * * * * * * 

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

be appropriated to carry out this section ø$2,250,000¿ $3,125,000. 

* * * * * * * 

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

(a) AUTHORIZATION.—The Secretary, in cooperation with the City 

of San Jose, California, and the Santa Clara Valley Water District, 

is authorized to participate in the design, planning, and construction of recycled water treatment facilities. 

* * * * * * * 


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

be appropriated to carry out this section ø$8,250,000¿ $13,250,000. 

* * * * * * * 

SEC. 16XX. 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. 16XX. 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. 16XX. 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. 16XX. 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. 


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SEC. 16XX. 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. 16XX. 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. 

* * * * * * * 

Æ 


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