Us Congress 2023-2024 Regular Session

Us Congress House Bill HB215

Introduced
1/9/23  
Refer
1/9/23  
Refer
2/21/23  

Caption

Working to Advance Tangible and Effective Reforms for California Act or the WATER for California Act This bill addresses the operation of the Central Valley Project (CVP), a federal water project in California owned and operated by the Bureau of Reclamation, and the California State Water Project (SWP), which is operated jointly with the CVP. Specifically, the bill requires that Reclamation operate the CVP and SWP pursuant to a specified alternative to a proposed action in a final environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps. This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project. Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects.

Impact

The implications of HB215 on state laws are significant, particularly in how it seeks to structure the operations and administration of water resources in California. The bill mandates the Secretary of the Interior to prioritize water allocations based on varying annual conditions while ensuring that existing contracts and protections for local water rights are upheld. Furthermore, it aims to shield contractors from involuntary reductions in water supply, thus solidifying the state's commitment to ensuring reliable water delivery. This oversight is critical given previous erratic water supply patterns due to climate-induced droughts.

Summary

House Bill 215, also known as the 'Working to Advance Tangible and Effective Reforms for California Act' or the 'WATER for California Act', is primarily focused on providing long-term water supply and regulatory reliability to drought-stricken areas of California. The bill outlines various operational frameworks for the Central Valley Project (CVP) and the State Water Project (SWP), aiming to allocate ample water supplies even during drought conditions while maintaining environmental standards. This comprehensive legislative framework addresses current water shortages and seeks to enhance California's water infrastructure against the backdrop of continuing climate challenges.

Sentiment

The sentiment surrounding HB215 appears to be generally supportive among stakeholders reliant on consistent water supplies, such as agricultural businesses and municipalities. However, there are concerns from environmental advocates regarding potential overreach in water allocation that may affect ecological balances within the state's waterways. The absence of harsh penalties for non-compliance is also a point of contention, as environmental groups would prefer stricter enforcement measures to prevent potential misuse and overexploitation of water resources.

Contention

Notable points of contention involve the balance between supporting agricultural and municipal needs while protecting the environment. Critics point out that the bill may inadvertently prioritize agricultural water needs over ecological health, which could result in detrimental impacts on fish habitats and water quality in California's rivers and streams. Additionally, the provision that restricts federal actions leading to involuntary water reductions raises questions about its enforcement and moral implications in managing scarce resources.

Congress_id

118-HR-215

Policy_area

Water Resources Development

Introduced_date

2023-01-09

Companion Bills

US HB4394

Related bill Energy and Water Development and Related Agencies Appropriations Act, 2024

Previously Filed As

US HB289

Protect Our Water Rights Act This bill requires the Bureau of Reclamation to modify the operation of water service contracts for the Central Valley Project (CVP) in California and the Klamath River Basin Reclamation Project in California and Oregon. Reclamation owns and operates the CVP, a federal water project consisting of a network of dams, reservoirs, and other facilities. CVP water is delivered to users that have contracts with Reclamation, but dry conditions have resulted in Reclamation reducing the water allocations for contracted water supplies. This bill requires Reclamation to allocate to existing agricultural water service contractors within the CVP's Sacramento River Watershed (1) 100% of the contracted amount of water in a wet or above normal year, (2) not less than 75% of the contracted amount in a below normal year, and (3) not less than 50% of the contracted amount in a dry or critically dry year. Reclamation must hold at least one in-person field hearing in each county where a CVP water service contractor is located in the period between the project's initial water allocation and final water allocation announcement. The bill modifies the share of operation and maintenance costs paid by CVP water service contractors. Reclamation must also operate the Klamath River Basin Reclamation Project, a similar federal water project, so that all of the water in Upper Klamath Lake above a certain elevation is solely for agricultural and refuge purposes. Reclamation must conduct these operations in a manner that maximizes water storage in the lake, to the extent practicable.

US HB337

This bill modifies the Infrastructure Investment and Jobs Act to allow unobligated balances of amounts made available to the Bureau of Reclamation for western water infrastructure to be made available to Reclamation for FY2026-2031 to provide financial or technical assistance for (1) groundwater recharge projects, (2) aquifer storage and recovery projects, or (3) water source substitution for aquifer protection projects.

US HB132

Western Water Accelerated Revenue Repayment ActThis bill permanently authorizes a provision under the Water Infrastructure Improvements for the Nation (WIIN) Act that (1) allows certain water users (e.g., agriculture and municipal water users) in western states to prepay what they owe under contracts with the Bureau of Reclamation for delivering water through a lump sum payment or over a period of three years; and (2) requires a specified portion of the receipts generated from such prepayments be directed to the Reclamation Water Storage Account for the construction of water storage. Such prepayments do not alter certain requirements for the disposition of amounts that are directed by project-specific statutes in effect prior to the passage of the WIIN Act to accounts other than the General Reclamation Fund.

US HB94

American Sovereignty and Species Protection Act This bill limits the protection of endangered or threatened species to species that are native to the United States. In addition, the bill prohibits certain funding for endangered or threatened species from being used to acquire lands, waters, or other interests in foreign countries.

US HB102

American Sovereignty and Species Protection Act of 2025This bill limits the protection of endangered or threatened species to species that are native to the United States. In addition, the bill prohibits certain funding for endangered or threatened species from being used to acquire lands, waters, or other interests in foreign countries.

US HB186

Water Supply Permitting Coordination Act This bill makes the Bureau of Reclamation the lead agency for the purpose of coordinating all permitting and related activities required to construct certain new surface-water storage projects. Specifically, Reclamation must identify, notify, and coordinate all Federal agencies that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision for a qualifying project. A state where a project is being considered may also choose to participate as a cooperating agency. Reclamation's coordination responsibilities include (1) preparing a unified environmental review document, and (2) maintaining a consolidated administrative record and project data records. Additionally, Reclamation is authorized to accept and expend funds contributed by a nonfederal public entity to expedite the evaluation of a permit for such a project.

US SB64

Water Rights Protection Act of 2023 This bill addresses issues of water rights with respect to lands under the jurisdiction of the Department of the Interior and the Department of Agriculture, including water rights of federally recognized Indian tribes. Specifically, such departments must ensure that federal action imposes no greater restriction or regulatory requirement than under applicable state water law. Further, such departments shall not take actions that adversely affect state authority in permitting water usage or in adjudicating water rights. The bill also prohibits such departments from requiring water users to transfer water rights to the United States or acquire water rights in the name of the United States as a condition of issuing or renewing a land use or occupancy agreement.

US HB422

No Subsidies for Wealthy Universities ActThis bill limits the indirect costs that are allowable under federal research awards to institutions of higher education (IHEs) with endowments above specified thresholds. (Generally, indirect costs represent expenses that are not specific to a research project but are needed to maintain the infrastructure and administrative support for federally funded research.)Specifically, the National Center for Education Statistics (NCES) must annually collect information regarding the endowments of each IHE that has entered into a program participation agreement with the Department of Education.With this collected information, NCES must identify and make lists of (1) each IHE with an endowment of more than $5 billion, and (2) each IHE with an endowment of more than $2 billion (but not more than $5 billion). NCES must submit these lists to the Office of Management and Budget, which must then distribute the lists to federal agencies, Congress, and the public.The bill establishes the following limits on the indirect costs allowable under federal research awards:for an IHE with an endowment of more than $5 billion, the IHE is prohibited from using these awards for indirect costs;for an IHE with an endowment of more than $2 billion (but not more than $5 billion), the IHE is limited to an indirect cost rate of 8%; andfor all other IHEs, an indirect cost rate of 15%.The Government Accountability Office must annually report to Congress on indirect cost reimbursement on federal research awards for IHEs.

US HB209

Permitting for Mining Needs Act of 2023 This bill expedites the review of mining projects on federal lands and limits judicial review of mining projects. For example, the bill expands the federal permitting and review processes under the Infrastructure Investment and Jobs Act for critical minerals. Under the act, the Bureau of Land Management (BLM) and the U.S. Forest Service, to the maximum extent practicable, must complete the federal permitting and review processes related to critical mineral mines on federal lands with maximum efficiency and effectiveness. This bill expands this process to include all minerals as defined by the bill, not only critical minerals. The bill also establishes deadlines for completing the review of mining projects under the National Environmental Policy Act of 1969. In addition, the bill also expands the meaning of covered projects under the Fixing America's Surface Transportation (FAST) Act to include (1) certain mineral production projects, and (2) certain actions taken by the Department of Defense. Such projects qualify for expedited environmental review. It also establishes requirements to expedite the review or authorization of certain mineral projects, such as (1) mineral exploration activities with a surface disturbance of no more than five acres of public lands, (2) ancillary mining activities, and (3) uranium projects. Finally, the bill limits judicial review of a permit, license, or approval issued by a lead agency for a mining project by requiring the filing of claims within a certain time period.

US HB361

Stop Inflationary Spending Act This bill requires the Congressional Budget Office (CBO) to provide inflation projections for bills that Congress considers using the budget reconciliation process. Specifically, the CBO must estimate the impact on inflation that will occur from implementing each reconciliation bill, including the impact on inflation that will occur during each of the first five years after the enactment of the bill.

Similar Bills

US HB4394

Energy and Water Development and Related Agencies Appropriations Act, 2024

US SB482

Klamath Power and Facilities Agreement Support Act

US HB7938

Klamath Basin Water Agreement Support Act of 2024

US HB9678

Federal Lands Amplified Security for the Homeland (FLASH) Act

US HB4821

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024

US HB4754

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2026

US HB8998

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2025

US HB5784

Green New Deal for Public Schools Act of 2023