Securing Access for the central Valley and Enhancing (SAVE) Water Resources Act

I 116TH CONGRESS 1ST SESSION H. R. 2473 To promote water supply reliability and improved water management for rural communities, the State of California, and the Nation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2019 Mr. HARDER of California (for himself, Mr. GARAMENDI, Mr. BERA, Mr. COX of California, Mr. COSTA, and Mr. MCNERNEY) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To promote water supply reliability and improved water man- agement for rural communities, the State of California, and the Nation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing Access for 4 the central Valley and Enhancing (SAVE) Water Re- 5 sources Act’’. 6 SEC. 2. WATER INFRASTRUCTURE FUND. 7 (a) ESTABLISHMENT.—There is established in the 8 Treasury of the United States a fund, to be known as the 9 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2473 IH ‘‘Water Infrastructure and Drought Solutions Fund’’ (re- 1 ferred to in this section as the ‘‘Fund’’), consisting of— 2 (1) such amounts as are deposited in the Fund 3 under subsection (b); and 4 (2) any interest earned on investment of 5 amounts in the Fund under subsection (c)(1)(B). 6 (b) DEPOSITS TO FUND.— 7 (1) IN GENERAL.—For each of fiscal years 8 2030 through 2060, the Secretary of the Treasury 9 shall deposit in the Fund $300,000,000 of the reve- 10 nues that would otherwise be deposited for the fiscal 11 year in the reclamation fund established by the first 12 section of the Act of June 17, 1902 (32 Stat. 388, 13 chapter 1093), of which— 14 (A) $100,000,000 shall be expended by the 15 Secretary of the Interior for new surface or 16 ground water storage projects provided that— 17 (i) expenditures are made for nonre- 18 imbursable public benefits under Federal 19 reclamation law (the Act of June 17, 1902 20 (32 Stat. 388, chapter 1093), and Acts 21 supplemental to and amendatory of that 22 Act); and 23 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2473 IH (ii) Federal expenditures account for 1 no more than 50 percent of total costs for 2 any project; 3 (B) $100,000,000 shall be expended by the 4 Secretary of the Interior for water reclamation 5 and reuse projects authorized under title XVI 6 of Public Law 102–575 and section 4009 of 7 Public Law 114–322; and 8 (C) $100,000,000 shall be expended by the 9 Secretary of the Interior for WaterSMART 10 grants authorized under the Omnibus Public 11 Lands Management Act of 2009 (42 U.S.C. 12 10364). 13 (2) AVAILABILITY OF AMOUNTS.—Amounts de- 14 posited in the Fund under this section shall— 15 (A) be made available in accordance with 16 this section, without further appropriation; and 17 (B) be in addition to amounts appropriated 18 for such purposes under any other provision of 19 law. 20 (c) EXPENDITURES FROM FUND.— 21 (1) IN GENERAL.—Subject to subsection (b), 22 for each of fiscal years 2030 through 2060, the re- 23 spective Secretary may expend from the Fund, in ac- 24 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2473 IH cordance with this section, not more than an amount 1 equal to the sum of— 2 (A) the amounts deposited in the Fund 3 that year under subsection (b); and 4 (B) the amount of interest accrued in the 5 Fund for the fiscal year in which the expendi- 6 tures are made. 7 (2) ADDITIONAL EXPENDITURES.— 8 (A) IN GENERAL.—The Secretary may ex- 9 pend more in any fiscal year than the amounts 10 described in subsection (a) if the additional 11 amounts are available in the Fund as a result 12 of a failure of the Secretary to expend all of the 13 amounts available under subsection (a) in 1 or 14 more prior fiscal years. 15 (B) RETENTION IN ACCOUNTS.—Any addi- 16 tional amounts referred to in paragraph (1) 17 shall— 18 (i) accrue interest in accordance with 19 this section; and 20 (ii) only be expended for the purposes 21 for which expenditures from the Fund are 22 authorized. 23 SEC. 3. GROUND WATER RECHARGE PLANNING. 24 (a) FINDINGS AND PURPOSE.— 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2473 IH (1) FINDINGS.—The Congress finds that— 1 (A) there is a lack of information regard- 2 ing local ground water storage and recharge op- 3 portunities in the Western United States; 4 (B) additional information regarding local 5 ground water storage and recharge opportuni- 6 ties can help inform future Federal and State 7 funding activities and assist State government 8 initiatives such as implementation of part 2.74 9 of the California Water Code (commonly known 10 as the ‘‘Sustainable Groundwater Management 11 Act’’); and 12 (C) challenges associated with drought and 13 extreme aridity from changing weather patterns 14 will require additional investment in ground 15 water storage and recharge. 16 (2) PURPOSE.—The purpose of this section is 17 to help inform future Federal, State, local, and other 18 investment in ground water recharge projects. 19 (b) DEFINITIONS.—In this section: 20 (1) CRITICALLY OVERDRAFTED BASINS.—The 21 term ‘‘Critically Overdrafted Basins’’ means those 22 basins identified by the California Department of 23 Water Resources pursuant to part 2.74 of the Cali- 24 fornia Water Code (commonly known as the ‘‘Cali- 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2473 IH fornia’s Sustainable Groundwater Management 1 Act’’). 2 (2) RECLAMATION STATE.—The term ‘‘Rec- 3 lamation State’’ means any Reclamation State (as 4 defined in section 4014 of the Water Infrastructure 5 Improvements for the Nation Act (43 U.S.C. 390b 6 note; Public Law 114–322)). 7 (3) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior, acting through the Di- 9 rector of the United States Geological Survey. 10 (c) EVALUATION AND REPORT.— 11 (1) IN GENERAL.—Not later than 4 years after 12 the date of the enactment of this Act, the Secretary 13 shall complete an evaluation and report to Congress 14 that identifies potential ground water storage and 15 recharge opportunities in each Reclamation State in- 16 cluding recharge opportunities in critically over- 17 drafted basins. 18 (2) REPORT.—The report to Congress shall in- 19 clude— 20 (A) an assessment of potentially beneficial 21 storage and recharge locations based on the 22 Secretary’s assessment of— 23 (i) hydrologic attributes; 24 (ii) geologic attributes; 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2473 IH (iii) engineering attributes; 1 (iv) water supply benefits; 2 (v) environmental benefits; 3 (vi) infrastructure benefits related to 4 mitigation of subsidence-related infrastruc- 5 ture damage; and 6 (vii) sustainability benefits for criti- 7 cally overdrafted basins; and 8 (B) an assessment of potential conveyance 9 infrastructure needs to move excess runoff to 10 the recharge locations identified by the Sec- 11 retary under this section. 12 (3) COORDINATION.—To the maximum extent 13 practicable, the Secretary shall coordinate research 14 activities with Reclamation State agencies, ground 15 water sustainability agencies, universities and non- 16 profit organizations in a manner designed to assist 17 with implementation of State-led initiatives such as 18 part 2.74 of the California Water Code (commonly 19 known as the ‘‘Sustainable Groundwater Manage- 20 ment Act’’). 21 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2473 IH SEC. 4. RECLAMATION INFRASTRUCTURE FINANCE AND IN- 1 NOVATION PILOT PROGRAM. 2 (a) SHORT TITLE.—This section may be cited as the 3 ‘‘Reclamation Infrastructure Finance and Innovation 4 Act’’. 5 (b) ESTABLISHMENT.—The Secretary of the Interior 6 (referred to in this section as the ‘‘Secretary’’) shall estab- 7 lish and carry out a pilot program under which the Sec- 8 retary shall provide to eligible entities described in section 9 5025 of the Water Resources Reform and Development 10 Act of 2014 (33 U.S.C. 3904) financial assistance in ac- 11 cordance with this section to carry out eligible projects de- 12 scribed in subsection (c). 13 (c) ELIGIBLE PROJECTS.— 14 (1) IN GENERAL.—A project eligible to receive 15 assistance under the pilot program under this sec- 16 tion is a water supply project that, as determined by 17 the Secretary— 18 (A) is located in— 19 (i) the State of Alaska; 20 (ii) the State of Hawaii; or 21 (iii) a Reclamation State (as defined 22 in section 4014 of the Water Infrastruc- 23 ture Improvements for the Nation Act (43 24 U.S.C. 390b note; Public Law 114–322)); 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2473 IH (B) would contribute directly or indirectly 1 (including through ground water recharge) to a 2 safe, adequate water supply for domestic, agri- 3 cultural, environmental, municipal, or industrial 4 use; and 5 (C) is otherwise eligible for assistance 6 under this section. 7 (2) SMALL COMMUNITY PROJECTS.—For 8 projects eligible for assistance under this section and 9 section 5028(a)(2)(B) of the Water Resources Re- 10 form and Development Act of 2014 (33 U.S.C. 11 3907(a)(2)(B)), the Secretary may assist applicants 12 in combining 1 or more projects into a single appli- 13 cation in order to meet the minimum project cost of 14 $5,000,000 required under that section. 15 (d) ELIGIBLE ENTITIES.—The following entities are 16 eligible to receive assistance under this section: 17 (1) An entity described in section 5025 of the 18 Water Resources Reform and Development Act of 19 2014 (33 U.S.C. 3904). 20 (2) A conservancy district, reclamation district, 21 or irrigation district. 22 (3) A canal company or mutual water company. 23 (4) A water users’ association. 24 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2473 IH (5) An agency established by an interstate com- 1 pact. 2 (6) Any other individual or entity that has the 3 capacity to contract with the United States under 4 the reclamation laws. 5 (e) REQUIREMENTS.— 6 (1) PROJECT SELECTION.—In selecting eligible 7 projects to receive assistance under the pilot pro- 8 gram under this section, the Secretary shall ensure 9 diversity with respect to— 10 (A) project type; and 11 (B) geographical location within the States 12 referred to in subsection (c)(1). 13 (2) IMPORTATION OF OTHER REQUIREMENTS.— 14 The following shall apply to the pilot program under 15 this section: 16 (A) Sections 5022, 5024, 5027, 5028, 17 5029, 5030, 5031, 5032, and 5034(a) of the 18 Water Resources Reform and Development Act 19 of 2014 (33 U.S.C. 3903, 3906, 3907, 3908, 20 3909, 3910, 3911), except that— 21 (i) any reference contained in those 22 sections to the Secretary of the Army shall 23 be considered to be a reference to the Sec- 24 retary of the Interior; 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 2473 IH (ii) any reference contained in those 1 sections to an eligible project shall be con- 2 sidered to be a reference to an eligible 3 project described in subsection (b); 4 (iii) paragraphs (1)(E) and (6)(B) of 5 subsection (a), and subsection (b)(3), of 6 section 5028 of that Act (33 U.S.C. 3907) 7 shall not apply with respect to this section; 8 and 9 (iv) subsections (e) and (f) of section 10 5030 of that Act (33 U.S.C. 3909) shall 11 not apply with respect to this section. 12 (B) The agreement between the Adminis- 13 trator of the Environmental Protection Agency 14 and the Commissioner of Reclamation required 15 under section 4301 of the America’s Water In- 16 frastructure Act of 2018 (Public Law 115– 17 270). 18 (C) Other applicable environmental laws, 19 including the National Environmental Policy 20 Act of 1969 (42 U.S.C. 4321 et seq.). 21 (f) AUTHORIZATION OF APPROPRIATIONS.— 22 (1) IN GENERAL.—There is authorized to be 23 appropriated to the Secretary to carry out the pilot 24 program under this section $150,000,000 for fiscal 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 2473 IH years 2021 through 2025, to remain available until 1 expended. 2 (2) ADMINISTRATIVE COSTS.—Of the funds 3 made available under paragraph (1), the Secretary 4 may use for administrative costs of carrying out the 5 pilot program under this section (including for the 6 provision of technical assistance to project sponsors 7 pursuant to paragraph (3) and in obtaining nec- 8 essary approvals and transfer to the Administrator 9 of the Environmental Protection Agency to provide 10 assistance in administering and servicing Federal 11 credit instruments under the pilot program) not 12 more than $5,000,000 for each applicable fiscal 13 year. 14 (3) SMALL COMMUNITY PROJECTS.— 15 (A) IN GENERAL.—Subject to subpara- 16 graph (B), the Commissioner may use the 17 funds made available under paragraph (2) to 18 provide assistance, including assistance to pay 19 the costs of acquiring the rating opinion letters 20 under section 5028(a)(1)(D) of the Water Re- 21 sources Reform and Development Act of 2014 22 (33 U.S.C. 3907(a)(1)(D)), to assist project 23 sponsors in obtaining the necessary approval for 24 small community projects that are eligible for 25 VerDate Sep 11 2014 23:00 May 09, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2473.IH H2473 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 2473 IH assistance under section 5028(a)(2)(B) of the 1 Water Resources Reform and Development Act 2 of 2014 (33 U.S.C. 3907(a)(1)(D)) or sub- 3 section (b)(3). 4 (B) LIMITATION.—Assistance provided to 5 a project sponsor under subparagraph (A) may 6 not exceed an amount equal to 75 percent of 7 the total administrative costs incur [Text truncated for display. 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