II 

111TH CONGRESS 

1ST SESSION S. 1138 

To amend the Reclamation Wastewater and Groundwater Study and Facilities 

Act to expand the Bay Area Regional Water Recycling Program, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2009 

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Reclamation Wastewater and Groundwater 

Study and Facilities Act to expand the Bay Area Regional Water Recycling Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bay Area Regional 

5 Water Recycling Program Expansion Act of 2009’’. 

6 SEC. 2. PROJECT AUTHORIZATIONS. 

7 (a) IN GENERAL.—The Reclamation Wastewater and 

8 Groundwater Study and Facilities Act (43 U.S.C. 390h 

9 et seq.) (as amended by section 512(a) of the Consolidated 


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1 Natural Resources Act of 2008) is amended by adding at 

2 the end the following: 

3 ‘‘SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT. 

4 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera5 tion with the Central Contra Costa Sanitary District, Cali6 fornia, is authorized to participate in the design, planning, 

7 and construction of recycled water distribution systems. 

8 ‘‘(b) COST SHARE.—The Federal share of the cost 

9 of the project authorized by this section shall not exceed 

10 25 percent of the total cost of the project. 

11 ‘‘(c) LIMITATION.—The Secretary shall not provide 

12 funds for the operation and maintenance of the project 

13 authorized by this section. 

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 $1,800,000. 

17 ‘‘SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBU18 TION AND RETROFIT PROJECT. 

19 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera20 tion with the Dublin San Ramon Services District, Cali21 fornia, is authorized to participate in the design, planning, 

22 and construction of recycled water system facilities. 

23 ‘‘(b) COST SHARE.—The Federal share of the cost 

24 of the project authorized by this section shall not exceed 

25 25 percent of the total cost of the project. 


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1 ‘‘(c) LIMITATION.—The Secretary shall not provide 

2 funds for the operation and maintenance of the project 

3 authorized by this section. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $1,150,000. 

7 ‘‘SEC. 1651. PETALUMA RECYCLED WATER PROJECT, 

8 PHASES 2A, 2B, AND 3. 

9 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera10 tion with the City of Petaluma, California, is authorized 

11 to participate in the design, planning, and construction of 

12 recycled water system facilities. 

13 ‘‘(b) COST SHARE.—The Federal share of the cost 

14 of the project authorized by this section shall not exceed 

15 25 percent of the total cost of the project. 

16 ‘‘(c) LIMITATION.—The Secretary shall not provide 

17 funds for the operation and maintenance of the project 

18 authorized by this section. 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $6,000,000. 

22 ‘‘SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER 

23 PROJECT. 

24 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera25 tion with the City of Redwood City, California, is authorVerDate Nov 24 2008 18:10 May 26, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1138.IS S1138

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1 ized to participate in the design, planning, and construc2 tion of recycled water system facilities. 

3 ‘‘(b) COST SHARE.—The Federal share of the cost 

4 of the project authorized by this section shall not exceed 

5 25 percent of the total cost of the project. 

6 ‘‘(c) LIMITATION.—The Secretary shall not provide 

7 funds for the operation and maintenance of the project 

8 authorized by this section. 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section 

11 $8,000,000. 

12 ‘‘SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE 

13 PROJECT. 

14 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera15 tion with the City of Palo Alto, California, is authorized 

16 to participate in the design, planning, and construction of 

17 recycled water system facilities. 

18 ‘‘(b) COST SHARE.—The Federal share of the cost 

19 of the project authorized by this section shall not exceed 

20 25 percent of the total cost of the project. 

21 ‘‘(c) LIMITATION.—The Secretary shall not provide 

22 funds for the operation and maintenance of the project 

23 authorized by this section. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $8,250,000. 

4 ‘‘SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH 

5 RECYCLED WATER PROJECT. 

6 ‘‘(a) AUTHORIZATION.—The Secretary, in coopera7 tion with the Ironhouse Sanitary District (ISD), Cali8 fornia, is authorized to participate in the design, planning, 

9 and construction of recycled water distribution systems. 

10 ‘‘(b) COST SHARE.—The Federal share of the cost 

11 of the project authorized by this section shall not exceed 

12 25 percent of the total cost of the project. 

13 ‘‘(c) LIMITATION.—The Secretary shall not provide 

14 funds for the operation and maintenance of the project 

15 authorized by this section. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this section 

18 $7,000,000.’’. 

19 (b) PROJECT IMPLEMENTATION.—In carrying out 

20 sections 1642 through 1648 of the Reclamation Waste21 water and Groundwater Study and Facilities Act, and sec22 tions 1649 through 1654 of such Act, as added by sub23 section (a), the Secretary shall enter into individual agree24 ments with the San Francisco Bay Area Regional Water 

25 Recycling implementing agencies to fund the projects 


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1 through the Bay Area Clean Water Agencies (BACWA) 

2 or its successor, and shall include in such agreements a 

3 provision for the reimbursement of construction costs, in4 cluding those construction costs incurred prior to the en5 actment of this Act. 

6 (c) CLERICAL AMENDMENTS.—The table of contents 

7 of the Reclamation Projects Authorization and Adjust8 ment Act of 1992 (43 U.S.C. prec. 371) (as amended by 

9 section 512(a) of the Consolidated Natural Resources Act 

10 of 2008) is amended by inserting after the item relating 

11 to section 1648 the following new items: 

‘‘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.’’. 

12 SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS. 

13 (a) ANTIOCH RECYCLED WATER PROJECT.—Section 

14 1644(d) of the Reclamation Wastewater and Groundwater 

15 Study and Facilities Act (43 U.S.C. 390h–27) (as amend16 ed by section 512(a) of the Consolidated Natural Re17 sources Act of 2008) is amended by striking ‘‘$2,250,000’’ 

18 and inserting ‘‘$3,125,000’’. 

19 (b) SOUTH BAY ADVANCED RECYCLED WATER

20 TREATMENT FACILITY.—Section 1648(d) of the Reclama21 tion Wastewater and Groundwater Study and Facilities 

22 Act (43 U.S.C. 390h–31) (as amended by section 512(a) 


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1 of the Consolidated Natural Resources Act of 2008) is 

2 amended by striking ‘‘$8,250,000’’ and inserting 

3 ‘‘$13,250,000’’. 

Æ 


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