Nogales Wastewater Fairness Act

I 116TH CONGRESS 1ST SESSION H. R. 3204 To establish responsibility for the International Outfall Interceptor. IN THE HOUSE OF REPRESENTATIVES JUNE 11, 2019 Mr. GRIJALVA (for himself and Mrs. KIRKPATRICK) introduced the following bill; which was referred to the Committee on Transportation and Infra- structure A BILL To establish responsibility for the International Outfall Interceptor. 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 ‘‘Nogales Wastewater 4 Fairness Act’’. 5 SEC. 2. INTERNATIONAL OUTFALL INTERCEPTOR REPAIR, 6 OPERATIONS, AND MAINTENANCE. 7 (a) DEFINITION.—In this section: 8 (1) AGREEMENT.—The term ‘‘Agreement’’ 9 means the memorandum of agreement between the 10 VerDate Sep 11 2014 04:26 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204 kjohnson on DSK79L0C42 with BILLS 2 •HR 3204 IH United States Section of the International Boundary 1 and Water Commission and the City of Nogales, Ar- 2 izona, dated January 20, 2006. 3 (2) CITY.—The term ‘‘City’’ means the City of 4 Nogales, Arizona. 5 (3) NOGALES SANITATION PROJECT.—The term 6 ‘‘Nogales sanitation project’’ means the project 7 owned by the City and the United States Section of 8 the International Boundary and Water Commission 9 and includes— 10 (A) the International Outfall Interceptor 11 (IOI) and the trunkline; and 12 (B) the Nogales International Wastewater 13 Treatment Plant (NIWTP). 14 (b) SENSE OF CONGRESS.—It is the sense of Con- 15 gress that, pursuant to the Act of July 27, 1953 (22 16 U.S.C. 277d–10 et seq.), and notwithstanding the Agree- 17 ment, an equitable proportion of the costs of operation and 18 maintenance of the Nogales sanitation project to be con- 19 tributed by the City should be based on the average daily 20 volume of wastewater originating from the City. 21 (c) CAPITAL COSTS EXCLUDED.—Pursuant to the 22 Agreement and the Act of July 27, 1953 (22 U.S.C. 23 277d–10 et seq.), the City shall have no obligation to con- 24 VerDate Sep 11 2014 04:26 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3204.IH H3204 kjohnson on DSK79L0C42 with BILLS 3 •HR 3204 IH tribute to any capital costs of repairing or upgrading the 1 Nogales sanitation project. 2 (d) OVERCHARGES.—Notwithstanding the Agree- 3 ment, the United States Section of the International 4 Boundary and Water Commission shall not charge the 5 City after the date of enactment of this Act for operations 6 and maintenance costs in excess of an equitable proportion 7 of the costs, as described in subsection (b). 8 Æ VerDate Sep 11 2014 04:26 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3204.IH H3204 kjohnson on DSK79L0C42 with BILLS