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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2161 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2161
To provide financial assistance for projects to address certain
subsidence impacts in the State of California, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mrs. Feinstein introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canal Conveyance Capacity
Restoration Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to address severe subsidence impacts that have
substantially reduced the carrying capacity of the water
delivery system of the State; and
(2) to provide additional water supply in the State at a
relatively low cost per acre-foot to increase--
(A) resiliency to increasingly severe droughts in
the State;
(B) groundwater recharge needed to assist in
meeting groundwater sustainability goals established
under State law; and
(C) the reliability of surface or groundwater
supplies, portions of which serve disadvantaged
communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal pool.--The term ``Federal pool'' means each of
pools 13 through 21 of the San Luis Canal/California Aqueduct,
which are owned by the United States and operated by the
California Department of Water Resources under the agreement
entitled ``Agreement Between the United States of America and
the Department of Water Resources of the State of California
for the Construction and Operation of the Joint-Use Facilities
of the San Luis Unit'' and dated December 30, 1961.
(2) Net present value of the local contribution to
reimbursable federal funding.--The term ``net present value of
the local contribution to reimbursable Federal funding'' means,
with respect to a project, the amount equal to the difference
between--
(A) the total amount of reimbursable Federal funds
made available for a project; and
(B) the amount of the present value, as of the date
of the calculation, of any interest subsidy provided
through the repayment terms to the Treasury over
similarly structured municipal bond financing available
to the non-Federal entity on the disbursement of the
reimbursable Federal funds for the project.
(3) Non-federal pool.--The term ``non-Federal pool'' means
each of pools 22 through 40 of the California Aqueduct, which
are owned by the State and operated by the California
Department of Water Resources.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(5) State.--The term ``State'' means the State of
California.
SEC. 4. FRIANT-KERN CANAL AND DELTA-MENDOTA CANAL SUBSIDENCE MITIGATION
PROJECTS.
(a) In General.--The Secretary may provide financial assistance for
the design, planning, and construction of--
(1) Federal facility improvements to the Friant Division,
Central Valley Project, California, under section 10201(a)(1)
of the San Joaquin River Restoration Settlement Act (Public Law
111-11; 123 Stat. 1365); and
(2) a project to restore conveyance capacity at, and to
mitigate subsidence-related impacts on, the Delta-Mendota
Canal, through a partnership with--
(A) a public water agency that contracts for the
delivery of Central Valley Project water; or
(B) a local joint powers authority formed under
State law by public water agencies that contract for
the delivery of Central Valley Project water.
(b) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under subsection (a) shall be not more
than 33 percent of the total cost of the project, including
amounts contributed after October 1, 2018.
(2) Form of non-federal share.--The non-Federal share of
the cost of carrying out a project under subsection (a) may be
provided in the form of cash or in-kind contributions,
including the net present value of the local contribution to
the reimbursable Federal funding for the project after October
1, 2018.
(c) Required Determination by Secretary.--Federal funds shall not
be made available under this Act for a project under subsection (a)
unless the Secretary determines that--
(1) there is an adequate non-Federal cost share to match
the total amount of federally appropriated financial assistance
made available for the project as of the date of the
determination of the Secretary; and
(2) the project is designed in a manner--
(A) to satisfy the purposes described in section 2,
after taking into account anticipated future
subsidence; and
(B) to comply with all applicable requirements of
Federal and State law, including part 2.74 of division
6 of the California Water Code (commonly known as the
``California Sustainable Groundwater Management Act'').
SEC. 5. CALIFORNIA AQUEDUCT SUBSIDENCE MITIGATION PROJECT.
(a) In General.--The Secretary may provide financial assistance for
the design, planning, and construction of projects to restore
conveyance capacity at, and to mitigate subsidence-related impacts on,
the Federal pool and non-Federal pool.
(b) Non-Federal Partners.--To carry out this section, the Secretary
may enter into partnerships with--
(1) the State; or
(2) a local joint powers authority formed under State law
by public water agencies that contract for delivery of water
from the Central Valley Project or the State Water Project.
(c) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under subsection (a) shall be not more
than 33 percent of the total cost of the project, including any
amounts expended by the State for subsidence repairs in the
Federal pool and non-Federal pool for the project after October
1, 2018.
(2) Form of non-federal share.--The non-Federal share of
the cost of a project provided financial assistance under
subsection (a) may be in the form of cash or in-kind
contributions.
(d) Required Determination by Secretary.--Federal funds shall not
be made available under this Act for a project under subsection (a)
unless the Secretary determines, with the concurrence of the Governor
of the State, that--
(1) there is an adequate non-Federal cost share to match
the total amount of federally appropriated financial assistance
made available for the project as of the date of the
determination of the Secretary; and
(2) the project is designed in a manner--
(A) to satisfy the purposes described in section 2,
after taking into account anticipated future
subsidence; and
(B) to comply with all applicable requirements of
Federal and State law, including part 2.74 of division
6 of the California Water Code (commonly known as the
``California Sustainable Groundwater Management Act'').
SEC. 6. PREPAYMENT OF CERTAIN WATER CONTRACTS.
Section 4013 of the Water Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public Law 114-322) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) subsections (a), (b), (c), (d), and (f) of section
4011, which shall expire on December 31, 2033.''.
SEC. 7. ENVIRONMENTAL COMPLIANCE.
In carrying out a project under this Act, the Secretary shall
comply with applicable environmental laws, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(3) applicable State law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary, as adjusted annually to reflect changes since March 2021 in
the Bureau of Reclamation Construction Cost Trends Index applicable to
the types of construction involved--
(1) $180,000,000 to carry out section 4(a)(1), consistent
with, and in addition to funding authorized under, section
10203(c) of the San Joaquin River Restoration Settlement Act
(Public Law 111-11; 123 Stat. 1367);
(2) $183,900,000 to carry out section 4(a)(2);
(3) $194,000,000 to pay the Federal share for the Federal
pool under section 5;
(4) $95,500,000 to pay the Federal share for the non-
Federal pool under section 5; and
(5) $180,000,000 to implement the Restoration Goal of the
settlement described in section 10004 of the San Joaquin River
Restoration Settlement Act (Public Law 111-11; 123 Stat. 1350),
in addition to the funding authorized under section 10009 of
that Act.
(b) Limitations.--Amounts made available under subsection (a) may
not be used--
(1) to build new surface storage;
(2) to raise existing reservoirs; or
(3) to enlarge the carrying capacity of a canal constructed
by the Bureau of Reclamation, except for a temporary increase
in carrying capacity that is intended--
(A) to mitigate anticipated future subsidence; and
(B) to avoid an increase in carrying capacity that
would otherwise be required on the occurrence of
anticipated future subsidence.
(c) Additional Amounts.--Amounts made available under subsection
(a) shall be--
(1) in addition to any other amounts made available for the
purposes described in that subsection; and
(2) nonreimbursable.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources. (Sponsor introductory remarks on measure: CR S2229-2230)
Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 118-287.
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