109th CONGRESS
2d Session
S. 2298
To facilitate remediation of perchlorate contamination in water
sources in the State of California, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 16, 2006
Mrs. FEINSTEIN introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
A BILL
To facilitate remediation of perchlorate contamination in water
sources 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 `California Perchlorate Contamination Remediation
Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds that--
(1) because finite water sources in the United States are stretched by
regional drought conditions and increasing demand for water supplies,
there is increased need for safe and dependable supplies of fresh water
for drinking and agricultural purposes;
(2) perchlorate, a naturally occurring and manmade compound with commercial
and national defense applications, is used primarily in military munitions
and rocket fuels, and also in fireworks, road flares, blasting agents,
and automobile airbags;
(3) perchlorate has been detected in fresh water sources intended for
drinking water and agricultural use in 35 States and the District of Columbia;
(4)(A) perchlorate has been detected in the food supply of the United
States; and
(B) many fruits and vegetables, including lettuce, wheat, tomato, cucumber,
and cantaloupe, contain at least trace levels of perchlorate, as do wine,
whiskey, soy milk, dairy milk, and human breast milk; and
(5) if ingested in sufficient concentration and for adequate duration,
perchlorate may interfere with thyroid metabolism, the effects of which
may impair normal development of the brain in fetuses, newborns, and children.
(b) Purposes- The purposes of this Act are--
(1) to provide grants for remediation of perchlorate contamination of
water sources and supplies (including wellheads) in the State;
(2) to provide grants for research and development of perchlorate remediation
technologies; and
(3) to express the sense of Congress that the Administrator should establish
a national drinking water standard for perchlorate.
SEC. 3. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
(2) CALIFORNIA WATER AUTHORITY- The term `California water authority'
means a public water district, public water utility, public water planning
agency, municipality, or Indian tribe that is--
(A) located in a region identified under section 4(b)(3)(B); and
(B) in operation as of the date of enactment of this Act.
(3) FUND- The term `Fund' means the California Perchlorate Cleanup Fund
established by section 4(a)(1).
(4) STATE- The term `State' means the State of California.
SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION GRANTS.
(a) Perchlorate Cleanup Fund-
(1) ESTABLISHMENT- There is established in the Treasury of the United
States a fund, to be known as the `California Perchlorate Cleanup Fund',
consisting of--
(A) any amount appropriated to the Fund under section 7; and
(B) any interest earned on investment of amounts in the Fund under paragraph
(3).
(2) EXPENDITURES FROM FUND-
(A) IN GENERAL- Subject to subparagraph (B), on receipt of a request
by the Administrator, the Secretary of the Treasury shall transfer to
the Administrator such amounts as the Administrator determines to be
necessary to provide grants under subsections (b) and (c).
(B) ADMINISTRATIVE EXPENSES- An amount not to exceed 0.4 percent of
the amounts in the Fund may be used to pay the administrative expenses
necessary to carry out this subsection.
(3) INVESTMENT OF AMOUNTS-
(A) IN GENERAL- The Secretary of the Treasury shall invest such portion
of the Fund as is not, in the judgment of the Secretary of the Treasury,
required to meet current withdrawals.
(B) INTEREST-BEARING OBLIGATIONS- Investments may be made only in interest-bearing
obligations of the United States.
(C) ACQUISITION OF OBLIGATIONS- For the purpose of investments under
subparagraph (A), obligations may be acquired--
(i) on original issue at the issue price; or
(ii) by purchase of outstanding obligations at the market price.
(D) SALE OF OBLIGATIONS- Any obligation acquired by the Fund may be
sold by the Secretary of the Treasury at the market price.
(E) CREDITS TO FUND- The interest on, and the proceeds from the sale
or redemption of, any obligations held in the Fund shall be credited
to and form a part of the Fund.
(1) IN GENERAL- Subject to paragraph (3), the Administrator shall provide
grants to California water authorities, the total amount of which shall
not exceed $50,000,000, to pay the Federal share of the cost of activities
relating to cleanup of water sources and supplies (including wellheads)
in the State that are contaminated by perchlorate.
(2) FEDERAL SHARE- The Federal share of the cost of an activity described
in paragraph (1) shall not exceed 50 percent.
(3) ELIGIBILITY; PRIORITY-
(A) ELIGIBILITY- A California water authority that the Administrator
determines to be responsible for perchlorate contamination shall not
be eligible to receive a grant under this subsection.
(i) ACTIVITIES- In providing grants under this subsection, the Administrator
shall give priority to an activity for the remediation of--
(I) drinking water contaminated with perchlorate;
(II) a water source with a high concentration of perchlorate; or
(III) a water source that serves a large population that is directly
affected by perchlorate contamination.
(ii) LOCATIONS- In providing grants under this subsection, the Administrator
shall give priority to an activity described in clause (i) that is
carried out in 1 or more of the following regions in the State:
(I) The Santa Clara Valley.
(II) Regions within the natural watershed of the Santa Ana River,
including areas in Riverside and San Bernardino Counties.
(III) The San Gabriel Valley.
(V) Any other region that has a damaged water source as a result
of perchlorate contamination, as determined by the Administrator.
(c) Research and Development Grants-
(1) IN GENERAL- The Administrator shall provide grants, the total amount
of which shall not exceed $8,000,000, to qualified non-Federal entities
(as determined by the Administrator) for use in carrying out research
and development of perchlorate remediation technologies.
(2) MAXIMUM AMOUNT OF GRANT- The amount of a grant provided under paragraph
(1) shall not exceed $1,000,000.
SEC. 5. EFFECT OF ACT.
Nothing in this Act affects any authority or program of a Federal or State
agency in existence on the date of enactment of this Act.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the Administrator should establish a national
drinking water standard for perchlorate that reflects all routes of exposure
to perchlorate as soon as practicable after the date of enactment of this
Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act $58,000,000,
to remain available until expended.
END
