59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–252 

BAY AREA REGIONAL WATER RECYCLING PROGRAM 

AUTHORIZATION ACT OF 2007 

JULY 23, 2007.—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. 1526] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1526) to amend the Reclamation Wastewater and 

Groundwater Study and Facilities Act to authorize the Bay Area 

Regional Water Recycling Program, and for other purposes, having 

considered the same, report favorably thereon with an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Bay Area Regional Water Recycling Program Authorization Act of 2007’’. 

SEC. 2. PROJECT AUTHORIZATIONS. 

(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 16xx. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the City of Palo Alto, 

California, and the City of Mountain View, 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 $5,000,000. 


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‘‘SEC. 16xx. PITTSBURG RECYCLED WATER PROJECT. 

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

California, and the Delta Diablo Sanitation District, 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 $1,750,000. 

‘‘SEC. 16xx. 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. 

‘‘(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 $2,250,000. 

‘‘SEC. 16xx. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the North Coast County 

Water District, 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 $2,500,000. 

‘‘SEC. 16xx. 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 $1,100,000. 

‘‘SEC. 16xx. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT. 

‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution 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 $7,000,000. 

‘‘SEC. 16xx. 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. 

‘‘(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.’’. 

(b) CONFORMING AMENDMENTS.—The table of sections for Public Law 102–575 is 

amended by inserting after the last item relating to title XVI the following: 

‘‘Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline Project. 

‘‘Sec. 16xx. Pittsburg Recycled Water Project. 

‘‘Sec. 16xx. Antioch Recycled Water Project. 


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‘‘Sec. 16xx. North Coast County Water District Recycled Water Project. 

‘‘Sec. 16xx. Redwood City Recycled Water Project. 

‘‘Sec. 16xx. South Santa Clara County Recycled Water Project. 

‘‘Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility.’’. 

SEC. 3. SAN JOSE AREA WATER RECLAMATION AND REUSE PROJECT. 

It is the intent of Congress that a comprehensive water recycling program for the 

San Francisco Bay Area include the San Jose Area water reclamation and reuse 

program authorized by section 1607 of the Reclamation Projects Authorization and 

Adjustment Act of 1992 (43 U.S.C. 390h–5). 

PURPOSE OF THE BILL

The purpose of H.R. 1526 is to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the 

Secretary of the Interior to participate in the design and construction of seven water recycling projects as part of the Bay Area Regional Water Recycling Program (BARWRP). 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1526 would authorize limited federal financial assistance for 

the design and construction of a water recycling and water reuse 

plant in Santa Rosa, California by amending the Reclamation 

Wastewater and Groundwater Study and Facilities Act (Title XVI 

of P.L. 102–575). 

H.R. 1526, when completed, will provide 1,000 million gallons of 

recycled water (3,000 acre-feet) per year to irrigate parks, median 

strips, new developments, business parks and other urban irrigation needs. This will help avoid both fresh water withdrawals and 

treated wastewater discharges into the Russian River. 

COMMITTEE ACTION

Rep. George Miller introduced H.R. 1526 on March 14, 2007. The 

bill has seven cosponsors. Similar legislation was introduced by 

Rep. Miller in the 109th Congress (H.R. 6218), but no action was 

taken on that bill. There is no Senate companion bill. 

The bill was referred to the Committee on Natural Resources, 

Subcommittee on Water and Power. A hearing was held on H.R. 

1526 on May 24, 2007 at which there was no opposition to either 

of these projects, and the proposed legislation was deemed 

uncontroversial. On June 12, 2007, the Subcommittee met to mark 

up the bill. Two non-controversial amendments were introduced. 

The first amendment increased the Pittsburg project by $350,000. 

The second amendment changed the language in Section 3 to reflect the Senate language. H.R. 1526, as amended, was adopted by 

unanimous consent and then forwarded to the Full Committee. On 

June 27, 2007, the Full Natural Resources Committee met to consider the bill. H.R. 1526 was favorably reported to the House of 

Representatives, as amended, by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 lists the short title as the ‘‘Bay Area Regional Water 

Recycling Program Authorization Act of 2007’’. 


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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 seven water recycling 

projects that will be part of the Bay Area Regional Water Recycling 

Program (BARWRP). 

The legislation specifies that the federal government is responsible for $27,850,000, equal to 25 percent of the capital costs of the 

seven respective projects. The costs for each project are as follows: 

$5 million for the Mountain View—Moffett Area Reclaimed Water 

Pipeline Project; $1.75 million for the City of Pittsburg Project; 

$2.25 million for the City of Antioch Project, $2.5 million for the 

North Coast County Water District Project; $1.1 million for the 

Redwood City Project; $7 million for the City of Gilroy/Santa Clara 

Valley Water District project; and $8.25 million for the South Bay 

Advanced Recycled Water Treatment Facility. 

Section 3. San Jose Area Water Reclamation and Reuse Project 

The city of San Jose Project was initially authorized in the Reclamation Wastewater and Groundwater Study and Facilities Act 

(Public Law 102–575, title XVI; 43 U.S.C. 390h et seq.). While authorized 15 years ago, the Department of the Interior has been 

slow to request appropriate funding, and this project has not been 

fully funded by Congress. Section 3 was included in H.R. 1526 to 

express Congress’ concern for the lack of adequate funding for this 

project. The bill was amended at Subcommittee to reflect the Senate language in S. 1475, indicating that the San Jose Area Water 

Reclamation and Reuse Project is an important part of the collaborative regional effort to meet the water challenges facing the San 

Francisco Bay Area and the State of California. 

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 


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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 authorize the Secretary of the Interior to participate in the design and construction of seven water 

recycling projects as part of the Bay Area Regional Water Recycling 

Program (BARWRP). 

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. 1526—Bay Area Regional Water Recycling Program Authorization Act of 2007 

Summary: H.R. 1526 would authorize the Secretary of the Interior to participate in the planning, design, and construction of several water recycling projects in the San Francisco Bay area of California. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 1526 would cost $28 million over the 

2008–2012 period. Enacting the bill would not affect direct spending or revenues. 

H.R. 1526 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1526 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— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 12 12 4 0 0 

Estimated Outlays ......................................................................................... 10 14 4 0 0 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the end of fiscal year 2007 and that the necessary amounts will be appropriated for each year. 

H.R. 1526 would authorize the Secretary of the Interior to participate in the planning, design, and construction of several water 

recycling projects in the San Francisco Bay area of California. The 

projects would be constructed with the cooperation of the affected 

municipalities. Based on information from the Department of the 

Interior, CBO estimates that the total cost of all the projects would 

be about $110 million. 

Under the legislation, the federal share of the cost of the project 

would be limited to the lesser of 25 percent of the total cost or $28 

million, and federal funds would not be available for operation and 

maintenance of the projects. 


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Assuming appropriation of the necessary amounts, CBO esti- mates that implementing the legislation would cost $28 million (25 

percent of $110 million) over the 2008–2012 period. 

Intergovernmental and private-sector impact: H.R. 1526 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. The amounts authorized to be appropriated by the bill 

would benefit a number of cities and water districts in California. 

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

State, Local, and Tribal Governments: Leo Lex; Impact on the Private Sector: Amy Petz. 

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

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1526 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 (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

RECLAMATION PROJECTS AUTHORIZATION AND 

ADJUSTMENT ACT OF 1992 

(Public Law 102–575) 

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. 

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 GROUNDWATER STUDIES 

Sec. 1601. Short title. 

* * * * * * * 

Sec. 16xx. Mountain View, Moffett Area Reclaimed Water Pipeline Project. 

Sec. 16xx. Pittsburg Recycled Water Project. 

Sec. 16xx. Antioch Recycled Water Project. 

Sec. 16xx. North Coast County Water District Recycled Water Project. 

Sec. 16xx. Redwood City Recycled Water Project. 


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Sec. 16xx. South Santa Clara County Recycled Water Project. 

Sec. 16xx. South Bay Advanced Recycled Water Treatment Facility. 

* * * * * * * 

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. 16xx. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER PIPELINE PROJECT. 

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

of Palo Alto, California, and the City of Mountain View, 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 $5,000,000. 

SEC. 16xx. PITTSBURG RECYCLED WATER PROJECT. 

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

of Pittsburg, California, and the Delta Diablo Sanitation District, 

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 $1,750,000. 

SEC. 16xx. 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. 

(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 $2,250,000. 

SEC. 16xx. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER 

PROJECT. 

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

North Coast County Water District, is authorized to participate in 

the design, planning, and construction of recycled water system facilities. 


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(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 $2,500,000. 

SEC. 16xx. 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 $1,100,000. 

SEC. 16xx. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT. 

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

South County Regional Wastewater Authority and the Santa Clara 

Valley Water District, is authorized to participate in the design, 

planning, and construction of recycled water system distribution 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 $7,000,000. 

SEC. 16xx. 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. 

(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. 

* * * * * * * 

Æ 


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