What This Bill Does
This bill gives the federal government permission to provide money to California for projects that fix damage to water canals caused by subsidence (the sinking of land). The money will help restore the ability of water delivery systems to carry water and help communities prepare for droughts.
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Who It Affects
- The Secretary of the Interior (the federal official in charge of implementing this bill)
- The State of California
- Public water agencies that deliver Central Valley Project water
- Local joint powers authorities (groups of water agencies working together)
- Disadvantaged communities that rely on water supplies
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Key Provisions
- The federal government may pay for design, planning and construction of improvements to the Friant Division of the Central Valley Project and projects to restore the Delta-Mendota Canal (Sec. 4(a))
- The federal government may pay for design, planning and construction of projects to restore the California Aqueduct's Federal pool and non-Federal pool (Sec. 5(a))
- The federal government will pay no more than 33 percent of the total cost of projects. Non-federal partners must pay the rest through cash or in-kind contributions (Sec. 4(b)(1) and Sec. 5(c)(1))
- Money cannot be used to build new surface storage, raise existing reservoirs, or permanently enlarge canal capacity, except for temporary increases to handle future subsidence (Sec. 7(b))
- The Secretary must determine that projects have adequate non-federal funding and are designed to meet the bill's stated purposes and follow applicable federal and state laws (Sec. 4(c) and Sec. 5(d))
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What Changes
If this bill becomes law, the federal government will have authority to provide specific amounts of money for water infrastructure projects in California. The federal share for these projects will be capped at 33 percent, requiring states and local agencies to find the remaining funding.
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Important Definitions
- **Federal pool**: Pools 13 through 21 of the San Luis Canal/California Aqueduct that the United States owns (Sec. 3(1))
- **Non-Federal pool**: Pools 22 through 40 of the California Aqueduct that California owns (Sec. 3(3))
- **Secretary**: The Secretary of the Interior, working through the Commissioner of Reclamation (Sec. 3(4))
- **Subsidence**: Not explicitly defined in bill text
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 2419
To provide financial assistance for projects to address certain subsidence
impacts in the State of California, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 30, 2023
Mr. COSTA (for himself, Mr. GARAMENDI, and Mr. HARDER of California) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources
A BILL
To provide financial assistance for projects to address certain
subsidence impacts in the State of California, 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 ‘‘Canal Conveyance Ca-
4
pacity Restoration Act’’.
5
SEC. 2. PURPOSES.
6
The purposes of this Act are—
7
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•HR 2419 IH
(1) to address severe subsidence impacts that
1
have substantially reduced the carrying capacity of
2
the water delivery system of the State; and
3
(2) to provide additional water supply in the
4
State at a relatively low cost per acre-foot to in-
5
crease—
6
(A)
resiliency
to
increasingly
severe
7
droughts in the State;
8
(B) groundwater recharge needed to assist
9
in meeting groundwater sustainability goals es-
10
tablished under State law; and
11
(C) the reliability of surface or ground-
12
water supplies, portions of which serve dis-
13
advantaged communities.
14
SEC. 3. DEFINITIONS.
15
In this Act:
16
(1) FEDERAL POOL.—The term ‘‘Federal pool’’
17
means each of pools 13 through 21 of the San Luis
18
Canal/California Aqueduct, which are owned by the
19
United States and operated by the California De-
20
partment of Water Resources under the agreement
21
entitled ‘‘Agreement Between the United States of
22
America and the Department of Water Resources of
23
the State of California for the Construction and Op-
24
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eration of the Joint-Use Facilities of the San Luis
1
Unit’’ and dated December 30, 1961.
2
(2) NET PRESENT VALUE OF THE LOCAL CON-
3
TRIBUTION
TO
REIMBURSABLE
FEDERAL
FUND-
4
ING.—The term ‘‘net present value of the local con-
5
tribution to reimbursable Federal funding’’ means,
6
with respect to a project, the amount equal to the
7
difference between—
8
(A) the total amount of reimbursable Fed-
9
eral funds made available for a project; and
10
(B) the amount of the present value, as of
11
the date of the calculation, of any interest sub-
12
sidy provided through the repayment terms to
13
the Treasury over similarly structured munic-
14
ipal bond financing available to the non-Federal
15
entity on the disbursement of the reimbursable
16
Federal funds for the project.
17
(3) NON-FEDERAL POOL.—The term ‘‘non-Fed-
18
eral pool’’ means each of pools 22 through 40 of the
19
California Aqueduct, which are owned by the State
20
and operated by the California Department of Water
21
Resources.
22
(4) SECRETARY.—The term ‘‘Secretary’’ means
23
the Secretary of the Interior, acting through the
24
Commissioner of Reclamation.
25
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(5) STATE.—The term ‘‘State’’ means the State
1
of California.
2
SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL
3
SUBSIDENCE MITIGATION PROJECTS.
4
(a) IN GENERAL.—The Secretary may provide finan-
5
cial assistance for the design, planning, and construction
6
of—
7
(1) Federal facility improvements to the Friant
8
Division, Central Valley Project, California, under
9
section 10201(a)(1) of the San Joaquin River Res-
10
toration Settlement Act (Public Law 111–11; 123
11
Stat. 1365); and
12
(2) a project to restore conveyance capacity at,
13
and to mitigate subsidence-related impacts on, the
14
Delta-Mendota Canal, through a partnership with—
15
(A) a public water agency that contracts
16
for the delivery of Central Valley Project water;
17
or
18
(B) a local joint powers authority formed
19
under State law by public water agencies that
20
contract for the delivery of Central Valley
21
Project water.
22
(b) COST-SHARING REQUIREMENT.—
23
(1) FEDERAL SHARE.—The Federal share of
24
the cost of carrying out a project under subsection
25
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•HR 2419 IH
(a) shall be not more than 33 percent of the total
1
cost of the project, including amounts contributed
2
after October 1, 2018.
3
(2) FORM OF NON-FEDERAL SHARE.—The non-
4
Federal share of the cost of carrying out a project
5
under subsection (a) may be provided in the form of
6
cash or in-kind contributions, including the net
7
present value of the local contribution to the reim-
8
bursable Federal funding for the project after Octo-
9
ber 1, 2018.
10
(c) REQUIRED DETERMINATION BY SECRETARY.—
11
Federal funds shall not be made available under this Act
12
for a project under subsection (a) unless the Secretary de-
13
termines that—
14
(1) there is an adequate non-Federal cost share
15
to match the total amount of federally appropriated
16
financial assistance made available for the project as
17
of the date of the determination of the Secretary;
18
and
19
(2) the project is designed in a manner—
20
(A) to satisfy the purposes described in
21
section 2, after taking into account anticipated
22
future subsidence; and
23
(B) to comply with all applicable require-
24
ments of Federal and State law, including part
25
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2.74 of division 6 of the California Water Code
1
(commonly known as the ‘‘California Sustain-
2
able Groundwater Management Act’’).
3
SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION
4
PROJECT.
5
(a) IN GENERAL.—The Secretary may provide finan-
6
cial assistance for the design, planning, and construction
7
of projects to restore conveyance capacity at, and to miti-
8
gate subsidence-related impacts on, the Federal pool and
9
non-Federal pool.
10
(b) NON-FEDERAL PARTNERS.—To carry out this
11
section, the Secretary may enter into partnerships with—
12
(1) the State; or
13
(2) a local joint powers authority formed under
14
State law by public water agencies that contract for
15
delivery of water from the Central Valley Project or
16
the State Water Project.
17
(c) COST-SHARING REQUIREMENT.—
18
(1) FEDERAL SHARE.—The Federal share of
19
the cost of carrying out a project under subsection
20
(a) shall be not more than 33 percent of the total
21
cost of the project, including any amounts expended
22
by the State for subsidence repairs in the Federal
23
pool and non-Federal pool for the project after Octo-
24
ber 1, 2018.
25
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•HR 2419 IH
(2) FORM OF NON-FEDERAL SHARE.—The non-
1
Federal share of the cost of a project provided finan-
2
cial assistance under subsection (a) may be in the
3
form of cash or in-kind contributions.
4
(d) REQUIRED DETERMINATION BY SECRETARY.—
5
Federal funds shall not be made available under this Act
6
for a project under subsection (a) unless the Secretary de-
7
termines, with the concurrence of the Governor of the
8
State, that—
9
(1) there is an adequate non-Federal cost share
10
to match the total amount of federally appropriated
11
financial assistance made available for the project as
12
of the date of the determination of the Secretary;
13
and
14
(2) the project is designed in a manner—
15
(A) to satisfy the purposes described in
16
section 2, after taking into account anticipated
17
future subsidence; and
18
(B) to comply with all applicable require-
19
ments of Federal and State law, including part
20
2.74 of division 6 of the California Water Code
21
(commonly known as the ‘‘California Sustain-
22
able Groundwater Management Act’’).
23
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•HR 2419 IH
SEC. 6. ENVIRONMENTAL COMPLIANCE.
1
In carrying out a project under this Act, the Sec-
2
retary shall comply with applicable environmental laws, in-
3
cluding—
4
(1) the National Environmental Policy Act of
5
1969 (42 U.S.C. 4321 et seq.);
6
(2) the Endangered Species Act of 1973 (16
7
U.S.C. 1531 et seq.); and
8
(3) applicable State law.
9
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
10
(a) IN GENERAL.—There are authorized to be appro-
11
priated to the Secretary, as adjusted annually to reflect
12
changes since March 2021 in the Bureau of Reclamation
13
Construction Cost Trends Index applicable to the types
14
of construction involved—
15
(1) $180,000,000 to carry out section 4(a)(1),
16
consistent with, and in addition to funding author-
17
ized under, section 10203(c) of the San Joaquin
18
River Restoration Settlement Act (Public Law 111–
19
11; 123 Stat. 1367);
20
(2) $183,900,000 to carry out section 4(a)(2);
21
(3) $194,000,000 to pay the Federal share for
22
the Federal pool under section 5;
23
(4) $95,500,000 to pay the Federal share for
24
the non-Federal pool under section 5; and
25
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•HR 2419 IH
(5) $180,000,000 to implement the Restoration
1
Goal of the settlement described in section 10004 of
2
the San Joaquin River Restoration Settlement Act
3
(Public Law 111–11; 123 Stat. 1350), in addition to
4
the funding authorized under section 10009 of that
5
Act.
6
(b) LIMITATIONS.—Amounts made available under
7
subsection (a) may not be used—
8
(1) to build new surface storage;
9
(2) to raise existing reservoirs; or
10
(3) to enlarge the carrying capacity of a canal
11
constructed by the Bureau of Reclamation, except
12
for a temporary increase in carrying capacity that is
13
intended—
14
(A) to mitigate anticipated future subsid-
15
ence; and
16
(B) to avoid an increase in carrying capac-
17
ity that would otherwise be required on the oc-
18
currence of anticipated future subsidence.
19
(c) ADDITIONAL AMOUNTS.—Amounts made avail-
20
able under subsection (a) shall be—
21
(1) in addition to any other amounts made
22
available for the purposes described in that sub-
23
section; and
24
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•HR 2419 IH
(2) nonreimbursable.
1
Æ
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