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[Senate Report 110-310]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 662
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-310

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

 
 EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER SYSTEM PRESSURIZATION 
                         AND EXPANSION PROJECT

                                _______
                                

                 April 10, 2008.--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. 30]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 30) to amend the Reclamation Wastewater 
and Groundwater Study and Facilities Act to authorize the 
Secretary of the Interior to participate in the Eastern 
Municipal Water District Recycled Water System Pressurization 
and Expansion Project, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
do pass.

                         Purpose of the Measure

    The purpose of H.R. 30 is to amend the Reclamation 
Wastewater and Groundwater Study and Facilities Act to 
authorize the Secretary of the Interior to participate in the 
Eastern Municipal Water District Recycled Water System 
Pressurization and Expansion Project.

                          Background and Need

    Located in arid southern California, the Eastern Municipal 
Water District (EMWD) provides water service to a rapidly 
growing population of more than 500,000 including the cities of 
Moreno Valley, Perris, San Jacinto, Hemet, Murrieta, and 
Temecula, and unincorporated areas of southwest Riverside 
County.
    Like many water districts in the region, EMWD relies 
heavily on imported water from the Sacramento/San Joaquin Bay-
Delta and the Colorado River. In light of growing demand, EMWD 
has invested in developing and managing local water resources, 
including groundwater recharge, brackish groundwater 
desalination, and water recycling.
    Currently, EMWD uses over 100 miles of pipeline to deliver 
24,000 acre feet of recycled water per year. While nearly 
seventy percent of the recycled water goes to agricultural 
customers, municipal and industrial demands for this supply are 
rapidly increasing. As this transition from agricultural use to 
urban use progresses, water recycling system infrastructure 
investments in operational storage, flow-control, and pressure 
zones are needed. H.R. 30 would provide limited funding to 
assist EMWD in upgrading and expanding its water recycling 
system.

                          Legislative History

    H.R. 30 was introduced in the House of Representatives by 
Rep. Issa (CA) on January 4, 2007, and referred to the 
Committee on Natural Resources. Under suspension of the rules, 
H.R. 30 passed the House of Representatives on May 7, 2007. The 
bill was received in the Senate and referred to the Committee 
on Energy and Natural Resources. The Subcommittee on Water and 
Power held a hearing on H.R. 30 on August 1, 2007. At its 
business meeting on January 30, 2008, the Senate Committee on 
Energy and Natural Resources ordered H.R. 30 to be favorably 
reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by voice vote of a quorum 
present, recommends that the Senate pass H.R. 30.

                      Section-by-Section Analysis

    Section 1 provides the short title of the Act.
    Section 2 amends the Reclamation Wastewater and Groundwater 
Study and Facilities Act by adding a new section authorizing 
the Secretary of the Interior to participate in a recycling 
water project with the Eastern Municipal Water District in 
California, with a 25 percent federal cost-share, in an amount 
not to exceed $12 million.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 30--Eastern Municipal Water District Recycled Water System 
        Pressurization and Expansion Project

    Summary: H.R. 30 would authorize the Secretary of the 
Interior to help design, plan, and construct facilities to 
recycle water in the Eastern Municipal Water District of 
California.
    CBO estimates that implementing H.R. 30 would cost $12 
million over the 2008-2013 period, assuming appropriation of 
the necessary amounts. Enacting the legislation would not 
affect direct spending or revenues.
    H.R. 30 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. 30 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    2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................       1       5       4       2       0       0
Estimated Outlays...............................................       1       4       5       2       0       0
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that 
necessary amounts will be appropriated during fiscal year 2008 
and near the start of subsequent fiscal years. Estimates of 
outlays are based on historical spending patterns for similar 
activities.
    H.R. 30 would authorize the Secretary of the Interior, in 
cooperation with the Eastern Municipal Water District of 
California, to help design, plan, and construct facilities 
needed to establish pressure zones that would be used to 
provide recycled water to the district. Based on information 
from the Bureau of Reclamation, CBO estimates that the total 
cost of the project would be $48 million.
    Under the legislation, the federal share of the project 
would be 25 percent, and federal funds would not be available 
for operation and maintenance. The authority of the Secretary 
to carry out the projects would sunset 10 years after the date 
of the enactment of the act.
    Assuming appropriation of the amounts necessary to proceed 
with the project, CBO estimates that implementing the 
legislation would cost $12 million over the 2008-2013 period.
    Intergovernmental and private-sector impact: H.R. 30 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Funds authorized in the act to design, 
plan, and construct a system for recycling water would benefit 
the Eastern Municipal Water District in southern California. 
Any costs the district might incur would result from complying 
with conditions for receiving federal assistance.
    Estimate prepared by: Federal Costs: Tyler Kruzich; 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.

                      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. 30. 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. 30, as ordered reported.

                        Executive Communications

     The testimony provided by the Bureau of Reclamation at the 
subcommittee hearing on August 1, 2007 on H.R. 30 follows:

 Statement of Larry Todd, Deputy Commissioner, Bureau of Reclamation, 
                    U.S. Department of the Interior

    Mr. Chairman and Members of the Subcommittee, I am Larry 
Todd, Deputy Commissioner for Policy, Administration and Budget 
with the Bureau of Reclamation. I am pleased to be here today 
to give the Department's views on H.R. 30, the Eastern 
Municipal Water District Recycled Water System Pressurization 
and Expansion Project Act. The Department cannot support H.R. 
30.
     In 1992, Congress adopted, and the President signed, the 
Reclamation Projects Authorization and Adjustment Act (Public 
Law 102-575). Title XVI of this Act, the Wastewater and 
Groundwater Study and Facilities Act, authorized the Secretary 
to participate in the planning, design and construction of five 
water reclamation and reuse projects. The Bureau of Reclamation 
has been administering a grant program to fund these Title XVI 
projects since 1994, and the Act has been amended to authorize 
a total of 32 projects.
     H.R. 30 would amend the Reclamation Wastewater and 
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.), 
to authorize the Secretary of the Interior to participate in 
the design, planning, and construction of improvements to the 
Eastern Municipal Water District's reclaimed water distribution 
system in Riverside County, California. It provides for Federal 
funding of 25 percent of the total project cost or $12 million, 
whichever is less.
     Eastern's five water reclamation plants currently produce 
about 52,000 acre-feet per year. The reclaimed water is 
distributed by a gravity flow system primarily serving 
agricultural users. This project would create a pressurized 
distribution system suitable for municipal users, including at 
least four reservoir tanks of about 4 million gallons capacity 
each, with associated pipelines and pumping stations. The 
distribution system may also be expanded eastward to serve 
existing citrus groves. Project benefits include local drought 
protection and reduced dependence on imported water.
     Mr. Chairman, the Department supports efforts to increase 
local water supplies and increase recycled water use in 
southern California. However, given the costs of the currently 
active Title XVI projects, we cannot support the authorization 
of new projects at this time. Of the 32 specific Title XVI 
projects authorized to date, 21 have received funding. The 
remaining estimated total authorized Federal cost share of 
these 21 active Title XVI projects is at least $328 million.
     Additionally, Reclamation is currently working with the 
District to review the technical work completed to date and to 
identify the additional work necessary to prepare a complete 
feasibility report meeting the feasibility requirements of 
Title XVI projects. However, because the technical studies are 
not complete, the feasibility and cost effectiveness of this 
project cannot be determined, as required by Title XVI.
     While Reclamation does not support new authorizations for 
Federal cost sharing of water recycling projects, we understand 
that the projects established by Title XVI are important to 
many water users in the West. To that end, Reclamation has set 
about revising and improving its Directives and Standards that 
govern reviews of Title XVI projects. By doing so, we believe 
that Reclamation can play a more constructive role with local 
sponsors in weighing the merits and ultimate feasibility of 
proposed water recycling projects.
     Mr. Chairman, this concludes my testimony. Thank you for 
the opportunity to comment on H.R. 30. I would be happy 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. 30, 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):

     RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

      PUBLIC LAW 102-575, Title XVI, Section 16XX (106 Stat. 4663)

 AN ACT To authorize additional appropriations for the construction of 
   the Buffalo Bill Dam and Reservoir, Shoshone Project, Pick-Sloan 
                    Missouri Basin Program, Wyoming

    Be it enacted by the Senate and the 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''.

           *       *       *       *       *       *       *

                            TABLE OF CONTENTS

     * * * * * * *

       TITLE XVI--RECLAMATION WASTEWATER AND GROUND WATER STUDIES

     * * * * * * *
 Sec. 16xx. Eastern Municipal Water District Recycled Water System 
          Pressurization and Expansion Project, Califorinia
     * * * * * * *

       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. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER SYSTEM 
                    PRESSURIZATION AND EXPANSION PROJECT, CALIFORNIA

     (a) Authorization.--The Secretary, in cooperation with the 
Eastern Municipal Water District, California, may participate 
in the design, planning, and construction of permanent 
facilities needed to establish operational pressure zones that 
will be used to provide recycled water in the district.
     (b) Cost Sharing.--The Federal share of the cost of the 
project described in subsection (a) shall not exceed 25 percent 
of the total cost of the project.
     (c) Limitation.--Funds provided by the Secretary shall not 
be used for operation or maintenance of the project described 
in subsection (a).
     (d) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $12,000,000.
     (e) Sunset of Authority.--The authority of the Secretary 
to carry out any provisions of this section shall terminate 10 
years after the date of enactment of this section.

           *       *       *       *       *       *       *

                                  
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