[Senate Report 117-20]
[From the U.S. Government Publishing Office]
117th Congress } { Report
SENATE
1st Session } { 117-20
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DRINKING WATER AND WASTEWATER INFRASTRUCTURE ACT OF 2021
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May 10, 2021.--Ordered to be printed
_______
Mr. Carper, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 914]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 914) to amend the Safe Drinking Water Act
and the Federal Water Pollution Control Act to reauthorize
programs under those Acts, and for other purposes, having
considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill, as amended, do pass.
General Statement
The Drinking Water and Wastewater Infrastructure Act of
2021 (DWWIA), creates, updates, and improves Environmental
Protection Agency (EPA) programs associated with drinking water
infrastructure under the Safe Drinking Water Act (SDWA) and
clean water infrastructure under the Federal Water Pollution
Control Act (Clean Water Act or CWA).
Title I, focused on drinking water related policy,
reauthorizes critical Safe Drinking Water Act programs,
including the Drinking Water State Revolving Fund (DWSRF), to
protect public health through promoting compliance with
drinking water standards, reforming drinking water programs,
and promote resilience of drinking water systems from natural
hazards, cybersecurity vulnerabilities, or extreme weather
events, included those related to climate change. This bill
focuses on expanding program eligibility and opportunities for
small, rural, tribal, and disadvantaged communities, including
programs focused on resilience and sustainability. The bill
also creates lead reduction programs and authorizes grants to
assist communities and drinking water systems with Safe
Drinking Water Act compliance.
Title II, focused on clean water related policy, authorizes
water and wastewater infrastructure programs under the Clean
Water Act. These programs focus on financial opportunities,
construction, technical assistance, resiliency, and efficiency.
This title reauthorizes the important financing mechanism the
Water Infrastructure and Finance Innovation Act loan program
(WIFIA), and it reauthorizes the Clean Water State Revolving
Fund (CWSRF) for the first time since 1987. This title also
contains several provisions that focus on the critical need of
technical assistance and on-site specialists, including a
provision to address challenges facing the sufficiency and
sustainability of the water utility workforce. This title
contains grant programs to assist small and disadvantaged
communities, facilitate water efficiency, and improve water
system resiliency. The title also authorizes programs for water
reuse, water supply, sewer overflow, and stormwater collection.
Objectives of the Legislation
The objective of S. 914 is to authorize and modify drinking
water and wastewater programs to meet the nation's drinking
water and wastewater infrastructure needs. It will help
sustainably increase access to, and ensure delivery of, safe,
reliable drinking water by facilitating critical water
infrastructure, resiliency, technical assistance, and financial
assistance programs. It will also improve wastewater
infrastructure across the country by investing in programs that
focus on financial opportunities, construction, technical
assistance, resiliency and efficiency for wastewater systems.
Summary of the Major Provisions
To achieve these objectives, S. 914:
Increases funding authorizations for the
Clean Water State Revolving Fund and Drinking Water
State Revolving Fund and provides increased program
flexibilities for states to invest in community water
projects that address aging infrastructure and improve
water quality.
Increases funding for the Assistance for
Small and Disadvantaged Communities Grant Program as
well as creates an additional discretionary grant
program for states with high demonstrated need to help
small, rural, disadvantaged, and tribal communities
fund drinking water infrastructure projects.
Addresses water affordability through a
needs assessment and the creation of a Rural and Low-
Income Drinking Water Assistance Pilot Program that
awards grants to eligible entities to develop and
implement programs to assist low-income households with
need in maintaining access to affordable and reliable
drinking water and wastewater treatment.
Authorizes set asides and grants for
technical assistance to nonprofits in order to assist
struggling water systems with maintaining compliance.
Requires states to use 12 percent of its
drinking water capitalization grant and 10 percent of
its clean water capitalization grant to provide loan
forgiveness, negative interest loans, or grants or to
buy, refinance, or purchase debt.
Connects households to public drinking water
and wastewater services and decentralized wastewater
services and improves sanitation in Alaskan rural and
native villages.
Increases funding for water workforce
development through education and apprenticeship
programs.
Authorizes new and existing programs to
address lead contamination through lead inventorying
and lead abatement, as well as testing and compliance
monitoring at schools and childcare facilities.
Improves the operational sustainability of
small public water systems by improving the ability to
identify and respond to water infrastructure failures.
Helps communities combat the effects of
natural hazards, cybersecurity vulnerabilities, and
extreme weather events, including those due to climate
change, by funding Infrastructure Resiliency and
Sustainability Grant Programs for drinking water and
wastewater infrastructure.
Provides investment in new technologies
across the water sector that can help utilities reduce
costs and increase energy efficiency.
Other Noteworthy Provisions
DWWIA reauthorizes the Research, Technical Assistance,
Information, Training of Personnel Grant Program for the first
time since 2002. Following the terrorist attacks of 9/11, the
Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (P.L. 107-188) reauthorized the
appropriation for SDWA section 144(b) at the prior authorized
level of $35 million, expressing Congressional intent to
provide funding for drinking water emergencies, including those
that may occur from a subsequent terrorist attack. Given the
growing problems with drinking water contaminants, including
but not limited to lead, per- and polyfluoroalkyl substances
(PFAS), and 1,4-dioxane, as well as the continued response to
the COVID-19 pandemic, the Committee included an authorization
for this program to ensure adequate resources are available to
meet current and future drinking water emergencies.
DWWIA also creates a new Rural and Low-Income Drinking
Water Assistance Pilot Program to address the growing concern
about water affordability. The pilot program is envisioned to
be a logical outgrowth of the findings from the Needs
Assessment for Nationwide Rural and Urban Low-Income Community
Water Assistance that is also created in this bill. However, in
contrast to the existing Low-Income Home Energy Assistance
Program run by the Department of Health and Human Services, and
the accompanying water program Low-Income Household Drinking
Water and Wastewater Emergency Assistance Program created in
Consolidated Appropriations Act 2021 (P.L. 116-260), and
provided additional funding in the American Rescue Plan Act of
2021 (P.L. 117-2), this program awards grants to a
municipality, tribal government, or other entity that owns or
operates a community water system or treatment works that
services a disproportionate level of low-income households,
including low-income renters, as defined in the provision, or
that has taken on an unsustainable level of debt due to
customer nonpayment.
The pilot program directs the Administrator to establish,
not later than 90 days after the Administrator submits the
drinking water needs assessment to Congress, a pilot program to
address water affordability. The pilot program will award
grants to eligible entities to develop and implement programs
to assist low-income households with need in maintaining access
to affordable and reliable drinking water and wastewater
treatment. Types of assistance could include direct financial
assistance, a lifeline rate, bill discounting, special hardship
provisions, a percentage-of-income payment plan, or debt relief
for the eligible entity of the community water system owned by
the eligible entity if it is determine by the Administrator to
be in the interest of public health.
Background
The Federal Water Pollution Control Act (Clean Water Act or
CWA) was enacted in 1948, significantly revised in 1972 to take
its current form, and amended again in 1987 to create the Clean
Water State Revolving Fund. The CWA establishes a framework for
protecting water quality based on a comprehensive State-Federal
program to control the discharges of pollutants into waterways
and to provide Federal financial assistance to improve water
quality and comply with the requirements of the Act.
Our nation's wastewater infrastructure currently includes
more than 16,000 publicly-owned wastewater treatment plants,
800,000 miles of public sewers, and 500,000 miles of private
lateral sewers connecting private property to public sewer
lines.\1\ Initial efforts under the CWA focused on bringing all
communities into compliance with secondary treatment standards
for the discharge of sewage. This effort was supported by
federal grants totaling more than $53 billion between 1973 and
1990.
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\1\https://infrastructurereportcard.org/wp-content/uploads/2020/12/
Wastewater-2021.pdf.
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The 1987 amendments to the CWA created Clean Water State
Revolving Funds, allowing these federal grants to be issued by
states to local projects in the form of revolving loans.\2\
Under these amendments, Congress provides annual appropriations
to the Environmental Protection Agency (EPA), which then
distributes a grant to each state to capitalize its own state
revolving fund. The states then use these funds to make low-
interest loans to assist with CWA compliance and finance water
and wastewater infrastructure projects. States are also
required by Congress to use a portion of the funding to provide
additional subsidies for disadvantaged communities (as defined
by the State).
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\2\The Water Quality Act of 1987 (P.L. 100-4) amended numerous
Clean Water Act provisions and added Title VI, State Water Pollution
Control Revolving Funds (33 U.S.C. 1388).
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Through Fiscal Year 2020, Congress has provided $48 billion
in capitalization grants for the state CWSRFs, including $1.639
billion in FY 2020. States must provide 20 percent in matching
funds.
In January 2016, EPA published its Report to Congress on
the Agency's 2012 Clean Watersheds Needs Survey--the sixteenth
national survey of capital costs to address water quality since
the enactment of the CWA in 1972. The Clean Watersheds Needs
Survey estimated the clean water infrastructure need at $271
billion over the next 20 years. The clean water infrastructure
needs include capital needs for publicly-owned wastewater pipes
and treatment facilities ($197.8 billion), combined sewer
overflow infrastructure ($48.0 billion), stormwater management
($19.2 billion), and recycled water treatment and distribution
($6.1 billion).\3\
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\3\See EPA, Clean Watersheds Needs Survey (CWNS) Report to
Congress--2012, 2016, https://www.epa.gov/cwns
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The Safe Drinking Water Act (SDWA), enacted in 1974,
authorizes EPA to promulgate national primary drinking water
regulations to control contaminants in drinking water to
protect public health.\4\ SDWA regulations apply to public
water systems that have at least fifteen service connections or
regularly serve at least twenty-five individuals.\5\
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\4\SDWA Section 1412(b); 42 U.S.C. 300g-1(b)
\5\Id.
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In 1996, to help communities meet the health-based
requirements of the SDWA, the statute was amended to add the
Drinking Water State Revolving Fund (DWSRF).\6\ Like the CWSRF,
the DWSRF provides low-interest loans to community water
systems. States are also required use a portion of the funding
to provide additional subsidies for disadvantaged communities
(as defined by the State).\7\
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\6\SDWA Section 1452; 42 U.S.C. 300j-12. The Safe Drinking Water
Act Amendments of 1996 (P.L. 104-182, Section 130) added the Drinking
Water State Revolving Fund to SDWA.
\7\SDWA Section 1452(j); 42 U.S.C. 300j-12(j).
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Through fiscal year 2020, Congress has provided more than
$24.4 billion in capitalization grants for the DWSRF, including
$1.126 billion in fiscal year 2020.\8\ States must provide 20
percent in matching funds.\9\
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\8\Compiled by CRS from annual appropriations acts.
\9\SDWA Section 1452(e); 42 U.S.C. 300j-12(e).
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In March 2018, EPA published its sixth national assessment,
Drinking Water Infrastructure Needs Survey, which estimated the
infrastructure investment necessary for public water systems to
continue to provide safe drinking water. It estimated that the
nation's drinking water utilities require $472.6 billion in
infrastructure investments over the next 20 years in order to
ensure public health, security, and the economic well-being of
our cities, towns, and communities.\10\
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\10\EPA, Drinking Water Infrastructure Needs Survey and Assessment:
Sixth Report to Congress, 2018, https://www.epa.gov/dwsrf/epas-6th-
drinking-water-infrastructure-needs-survey-and-assessment.
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According to the EPA Needs Survey, the national drinking
water 20-year need includes $74.4 billion for small water
systems (serving 3,300 or fewer people), $210 billion for
medium water systems (serving 3,301 to 100,000), and $174.4
billion for large water systems (serving over 100,000).\11\ The
needs of water systems serving Indian, Alaskan Native Village,
and not-for-profit water systems totals around $8.9
billion.\12\
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\11\From Exhibit 1.5 p.19 of EPA, Drinking Water Infrastructure
Needs Survey and Assessment: Sixth Report to Congress, 2018, https://
www.epa.gov/dwsrf/epas-6th-drinking-water-infrastructure-needs-survey-
and-assessment.
\12\From Exhibit 1.5 p.19 of EPA, Drinking Water Infrastructure
Needs Survey and Assessment: Sixth Report to Congress, 2018, https://
www.epa.gov/dwsrf/epas-6th-drinking-water-infrastructure-needs-survey-
and-assessment.
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Section-by-Section
Title
To amend the Safe Drinking Water Act and the Federal Water
Pollution Control Act to reauthorize programs under those Acts,
and for other purposes.
Sec. 1. Short title; Table of Contents
This Act may be cited as the ``Drinking Water and
Wastewater Infrastructure Act of 2021.
Sec. 2. Definition of Administrator
In this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Title I: Drinking Water
Sec. 101. Technical assistance and grants for emergencies affecting
public water systems
This section extends an expired authority in the Safe
Drinking Water Act (SDWA), 42 U.S.C. 300j-1, to provide
resources to communities that face a public water system
emergency. The fund will help mitigate drinking water threats
to public health, and is amended to expand the definition of
emergency situations to include those resulting from a
cybersecurity event or vulnerability and clarifies that the
intrusion of lead into the drinking water supply is an
allowable use of grant funds. The program is reauthorized at
$35 million for each of fiscal years from 2022 through 2026.
In addition, this section also extends the $15 million
authorization for technical assistance to public water systems
for five years, from fiscal years 2022 through 2026.
The section also makes state-based nonprofit organizations
eligible recipients of funding to provide technical assistance
to small public water systems in order to achieve compliance
with the SDWA. Nonprofits that receive funding under this
section are required to consult with the State before carrying
out activities utilizing funding.
Sec. 102. Drinking Water State Revolving Loan Funds
This section reauthorizes the Drinking Water State
Revolving Funds (DWSRF) and increases the minimum percentage of
funds that must go to disadvantaged communities from 6 percent
to 12 percent. This section also broadens the discretionary
authority of states to assist disadvantaged communities with
grants, negative interest loans, forgiveness of principal, and
loan forgiveness. States may also use these funds to buy,
refinance, or restructure the debt of a disadvantaged
community.
Sec. 102 also reauthorizes a provision in SDWA that allows
for up to 2 percent of the DWSRF to be used by nonprofit
organizations to provide technical assistance for small systems
in order to achieve compliance.
This section also makes permanent the American Iron and
Steel requirement for the Drinking Water State Revolving Fund,
also known as the ``Buy America'' requirement.
Under this section DWSRF is reauthorized at a level of $2.4
billion in fiscal year 2022, $2.75 billion in fiscal year 2023,
$3 billion in fiscal year 2024, and $3.25 billion for fiscal
years 2025 and 2026.
Sec. 103. Source Water Petition Program
The section reauthorizes the Source Water Petition Program,
which allows owners and operators of community water systems,
municipal or local governments, and political subdivisions of a
state to submit a source water quality protection partnership
petition to the State requesting that the State assist in the
local development of a voluntary, incentive-based partnership
among the owner, operator, relevant stakeholder, or government.
These petition partnerships are created to help affected
parties reduce drinking water contaminants, obtain financial or
technical assistance, or develop recommendations for the long-
term protection of a community water system's source water.
This section also amends the program to allow states to
designate a county to act on behalf of an unincorporated area
in the petition, should the unincorporated area voluntarily
chose to enter such a partnership, solely for the purpose of
pursuing a source water petition for a specific matter.
This program is reauthorized through 2026 at the current
funding level of $5 million annually.
Sec. 104. Assistance for Small and Disadvantaged Communities
This section addresses multiple programs that fall under
Section 1459A of SDWA (42 U.S.C. 300j-19a).
The first part of this section reauthorizes and modifies
the Assistance for Small and Disadvantaged Communities Program.
This program provides grants to disadvantaged communities or
communities with a population of under 10,000 across the
country, including those communities within the United States
on our borders, which lack household drinking water or
wastewater services, or that are served by a public water
system that violates or exceeds a requirement of the national
primary drinking water regulations. Grants can be used to
assist communities in coming into compliance with drinking
water regulations, to provide programs for household water
quality testing, or to provide assistance that directly and
primarily benefits the disadvantaged community on a per-
household basis.
Specifically, this section expands the program to allow for
the use of funds to purchase filters that remove contaminants
of concern from public drinking water systems and for providing
information regarding proper filtration use and maintenance,
options regarding replacing lead service lines or other sources
of lead from water systems, and for technical assistance.
Further, the section lowers the required non-federal match for
the grant from 45 percent to 10 percent and allows that 10
percent to be waived at the discretion of the Administrator if
the Administrator determines that an eligible entity is unable
to pay, or would experience significant financial hardship if
required to pay, the non-Federal share. This section authorizes
the program for $60 million in fiscal year 2022, $80 million in
fiscal year 2023, $100 million in fiscal year 2024, $120
million in fiscal year 2025, and $140 million in fiscal year
2026.
The second part of this section reauthorizes the existing
Drinking Water Infrastructure Risk and Resiliency program for
small communities. Funds under this program can be used to
address threats from natural hazards or extreme weather events
(including extreme weather events that are related to climate
change). The program is reauthorized from 2022 through 2026 at
a level of $25 million per year. The section includes a non-
federal cost share of 10 percent that can be waived by the
Administrator.
Third, this section instructs the Administrator to create a
grant program to provide grants to a utility or nonprofit
organization to voluntarily connect a low-income household to a
municipal public drinking water system. This program is
authorized at $20 million per year for each of fiscal years
2022 through 2026.
These grants are intended to improve the general welfare of
low and moderate income individuals without access to drinking
water services. Therefore, the Committee believes these funds
should not be considered taxable income.
Finally, this section creates an additional competitive
grant program administered by the EPA and distributed to states
that have demonstrated high numbers of underserved communities,
rather than the State Revolving Fund (SRF) formula. This grant
program is authorized at $50 million for each of fiscal years
2022 through 2026.
Sec. 105. Reducing Lead in Drinking Water
This section reauthorizes EPA's lead reduction projects
grant program under 42 U.S.C. 300j-19b and increases the
program's authorization to $100 million annually through fiscal
year 2026. This grant money can be used for lead reduction
projects, including the replacement of publicly owned lead
services lines; testing, planning, or other relevant
activities, as determined by the Administrator, to identify and
address conditions that contribute to increased concentration
of lead in water for human consumption; and providing
assistance to low-income homeowners to replace lead service
lines.
This section also amends SDWA to create a pilot program to
provide grants to carry out lead reduction projects in water
systems that, based on available data, information or
resources, including existing lead inventorying or mapping,
have or are suspected to have, lead in at least 30 percent of
their service lines. Two years after the first grant is
awarded, the EPA must submit a report to Congress describing
the recipients of this grant money, the type of lead
inventorying used, and the accuracy and utility of the
inventorying in locating lead service lines. The pilot program
is authorized for $10 million and the funds are to remain
available until expended.
Sec. 106. Operational Sustainability of Small Public Water Systems
This section establishes an operational sustainability
program under SDWA for small public water systems, including
those owned by a federally-recognized Indian Tribe. The program
is designed to help improve the ability of such systems to
respond to water infrastructure failures through asset
management of drinking water systems, pumps, wells, valves,
treatment systems and other pertinent activities. These
activities include, but are not limited to, identification and
prevention of potable water loss due to leaks, breaks, and
other metering or infrastructure or system failures. It also
allows for the deployment of strategies, techniques, and
technologies to enhance operational sustainability and
effective use of water resources though water reuse.
This program has a waivable non-federal share of 10 percent
and is authorized at $50 million for each of fiscal years 2022
through 2026.
Sec. 107. Midsize and large drinking water system infrastructure
resilience and sustainability program
This section creates a grant program to assist midsize and
large drinking water systems with increasing their resilience
to natural hazards, cybersecurity vulnerabilities, and extreme
weather events.
Funds may be used to promote water conservation, enhance
water-efficiency, create desalination facilities, relocate or
renovate existing vulnerable water systems, enhance water
supply, and implement measures to increase resiliency to
natural hazards, cybersecurity vulnerabilities, or extreme
weather events, including extreme weather events that are a
result of climate change.
Of the funding provided, 50 percent must be used to provide
grants to eligible entities serving a population of 10,000 to
100,000. The remaining 50 percent is to be used for eligible
entities that serve a population equal to or greater than
100,000.
This program is authorized at $50 million for each of
fiscal years 2022 through 2026.
Sec. 108. Needs Assessment for Nationwide Rural and Urban Low-Income
Community Water Assistance
This section requires the Administrator, in consultation
with relevant stakeholders, to study the prevalence of low-
income households in the Unites States that spend a
disproportionate amount of household income on public drinking
water services to meet household needs. This report to Congress
must include recommendations that describe ways to increase
access to affordable and reliable drinking water services and
the associated costs of each recommendation.
Sec. 109. Rural and Low-Income Drinking Water Assistance pilot program
This section directs the Administrator to establish, not
later than 90 days after the Administrator submits the Needs
Assessment for Nationwide Rural and Urban Low-Income Community
Water Assistance to Congress, a pilot program to award grants
to eligible entities to develop and implement programs to
assist low-income households with need in maintaining access to
affordable and reliable drinking water and wastewater
treatment.
Types of assistance could include direct financial
assistance, a lifeline rate, bill discounting, special hardship
provisions, a percentage-of-income payment plant, or debt
relief for the eligible entity of the community water system
owned by the eligible entity if it is determined by the
Administrator to be in the interest of public health.
The Administrator shall award not more than 40 grants under
the pilot program, 10 for eligible entities that own or operate
a rural community water system; 10 for eligible entities that
own or operate a medium community water system; 10 for eligible
entities that own or operate a large community water system;
and 10 for eligible entities that own or operate a community
water system or treatment works that services a disadvantaged
community. For these projects, priority shall be given to
eligible entities that serve a predominant number of customers
considered to be low-income or moderate-income and that are
subject to consent decrees relating to compliance with the
Clean Water Act (CWA), or that plan to develop and implement an
equivalent program administered separate from the pilot
program.
The Administrator is required to submit an annual report
that summarizes the use of grant funds by eligible entities not
later than two years after the grants are first distributed to
eligible entities on the results of the pilot program. Eligible
entities must also submit annual reports to the Administrator
that summarize key features of the assistance provided by the
eligible entities, including rate structures, rebates,
discounts, sources of funding used to supplement federal funds,
and eligibility criteria.
Sec. 110. Lead contamination in school drinking water
This section amends the existing Voluntary School and
Childcare Lead Testing Grant Program to make public water
systems and eligible nonprofit organizations that service
schools and childcare locations eligible grant recipients in
order to assist with this testing.
The program is increased from $25 to $30 million for fiscal
years 2022 through 2024, $40 million for fiscal year 2025, and
$50 million for fiscal year 2026.
Sec. 111. Indian Reservation Drinking Water Program
This section amends the Tribal Drinking Water Program to
require that 50 percent of the program funds be used
nationally, while the other 50 percent of the funds, if
sufficient projects exist, must be used to fund fifty projects
equally divided between the Missouri River Basin, Upper Rio
Grande River Basin, the Columbia River Basin, the Lower
Colorado River Basin, and the Arkansas-White-Red River Basin.
In addition, two projects in the Missouri River Basin must go
to a reservation that serves more than one federally-recognized
tribe.
The program is authorized for $50 million for each of
fiscal years 2022 through 2026.
Sec. 112. Advanced drinking water technologies
This section requires the Administrator to carry out a
study, within one year of the date of enactment, to examine the
state of existing and emerging technologies that could address
cybersecurity vulnerabilities, or enhance or could enhance the
treatment, monitoring, affordability, efficiency, and safety of
drinking water and wastewater provided by public water systems.
This section also creates a grant program for public water
systems that serve a population of 100,000 or fewer people or a
disadvantaged community. The grant program is designed to
identify and/or deploy drinking water infrastructure technology
that is new or emerging, but proven, to enhance the treatment,
monitoring, affordability, efficiency, and safety of the
drinking water provided. There is a waivable 10 percent non-
federal share.
This program is authorized at $10 million for each fiscal
year 2022 through 2026.
Title II: Clean Water
Sec. 201. Research, investigations, training, and information
This section increases the authorization of appropriations
under the Clean Water Act (CWA), for technical assistance
grants to nonprofit agencies assisting rural, small, and tribal
municipalities. These activities include providing technical
assistance and training on water quality; ways to achieve and
maintain compliance with laws and regulations; assisting
utilities with financing opportunities; and providing
information regarding planning, design, construction, and
operation of treatment works and decentralized wastewater
systems. Nonprofits that receive funding under this section are
required to consult with the State in which the assistance is
to be expended or otherwise made available before carrying out
activities utilizing funding. It also requires the
Administrator to submit a report to Congress describing the
implementation of the grants no later than two years after the
date of enactment.
This section extends the authorization to fiscal year 2026
and increases authorized appropriations to $75 million
annually.
Sec. 202. Wastewater efficiency grant pilot program
This section creates an EPA pilot program to assist with
fifteen projects by publicly-owned treatment works to create or
improve waste-to-energy systems. Grants may be awarded for
sludge collection systems, anaerobic digesters, methane capture
or transfer, and other emerging technologies that transform
waste to energy. It requires the EPA to submit to Congress a
report every two years regarding who received these grants,
what activities these funds covered, and the impacts of these
projects.
This section authorizes appropriations for the program of
$20 million for each of fiscal years 2022 through 2026.
Sec. 203. Pilot programs for alternative water source projects
This section reauthorizes an existing grant program for
alternative water source projects. The grants may be used for
engineering, design, construction, and final testing of
alternative water source projects designed to meet critical
water supply needs.
Alternative water source projects include those projects
that provide alternative sources of water through conserving,
managing, reclaiming or reusing water, stormwater or
wastewater.
The program is authorized for $25 million for each of
fiscal years 2022 through 2026.
The Committee notes that it is the intent of this language
that before switching to a new source of water the systems
should be sure to follow proper testing protocols to ensure
that the new water chemistry will not result in introduction of
new or additional contaminants into the drinking water supply,
such as increased amounts of lead based on disruptions to the
optimized corrosion control technology that exists or has
existed in a system.
Sec. 204. Sewer overflow and stormwater reuse municipal grants
This section reauthorizes the existing sewer overflow and
stormwater reuse municipal grants program. These grants may be
used for the planning, construction, and design of treatment
works for municipal combined sewer overflows, sanitary sewer
overflows, or stormwater, and any measures to manage, reduce,
or recapture stormwater or subsurface drainage. This section
also adds notification systems that provide information on
dangerous water conditions to communities as an allowable use
for grants.
In addition, the section creates a new 25 percent set-aside
for sewer overflow and stormwater projects in rural or
financially distressed communities across the country,
including those communities within the United States on our
borders, to the extent there are sufficient applications. There
is also a waivable non-federal share of 10 percent for these
projects. Of the 25-percent set-aside, to the extent there are
sufficient applications, not less than 60 percent of the set-
aside funding shall be used to carry out projects in rural
communities.
The program is reauthorized with increased funding of $280
million for fiscal years 2022 through 2026.
Sec. 205. Clean Water Infrastructure Resiliency and Sustainability
Program
The section establishes a Clean Water Infrastructure
Resiliency and Sustainability Program to address rising threats
to clean water infrastructure from climate change or
cybersecurity vulnerabilities. An owner or operator of a
publicly-owned treatment works can use the grants to assist in
the planning, design, construction, implementation, operation,
or maintenance of a program or project to increase the
resiliency or adaptability of water systems to natural hazards,
cybersecurity vulnerabilities, or extreme weather events,
including those related to climate change. The section
establishes two non-federal cost shares: a 10 percent non-
federal cost-share for small or disadvantaged communities and a
non-federal cost-share of 25 percent for all other communities.
The program is authorized for $25 million for fiscal years
2022 through 2026.
Sec. 206. Small and medium publicly-owned treatment works circuit rider
program
This section creates a circuit rider program that awards
grants to provide additional on-site technical assistance to
owners and operators of small and medium publicly owned
treatment works. The program was created as a result of a
decrease in technical assistance grants to local, on-site
technical assistance providers.
The section requires nonprofits that receive funding under
this section to consult with the State in which the assistance
is to be expended or otherwise made available before carrying
out activities utilizing funding.
This section also requires the EPA to submit to Congress an
annual report regarding grant recipients and activities covered
by the grants.
This section authorizes appropriations for the program of
$10 million for each of fiscal years 2022 through 2026.
Sec. 207. Small publicly-owned treatment works efficiency grant program
This section creates an EPA grant program, subject to
appropriations, to assist small publicly-owned treatment works
that serve fewer than 10,000 people, or a disadvantaged
community, with replacing or repairing equipment to increase
water efficiency or energy efficiency. It also requires that
not less than 15 percent of funds made available under the
program be used for grants to publicly owned treatment works
that serve fewer than 3,300 people.
Owner or operators of small publicly owned treatment works
and nonprofit organizations that seek to assist small public
owned treatment works are eligible to receive funding under
this program.
The Administrator must also submit a report to Congress not
later than two years after the Administrator establishes the
efficiency grant program describing the recipients of each
grant and a summary of the activities carried out under the
grant program.
Sec. 208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals with
low or moderate income
This section creates a grant program that allows nonprofit
organizations to receive funds for the construction, repair, or
replacement of decentralized wastewater systems for low or
moderate income households, or groups of such households. The
program gives priority to households that do not have access to
sanitary sewer disposal systems.
This section requires that EPA submit a report to Congress
on the results of the program within two years of enactment of
the Act.
This section authorizes appropriations for the program of
$50 million for each of fiscal years 2022 through 2026.
These grants are intended to be used by grantees to improve
the general welfare of low and moderate income individuals
without access to wastewater services. Therefore, the Committee
believes that these funds should not be considered to be
taxable income of the grantee or any low and moderate income
individuals assisted by the program.
Sec. 209. Connection to publicly-owned treatment works
This section creates a grant program that allows the EPA to
provide grants to publicly-owned treatment works or nonprofit
organizations to cover the costs incurred from connecting a
household to a municipal or private wastewater system.
This section authorizes appropriations for the program of
$40 million for each of fiscal years 2022 through 2026.
These grants are intended to be used to improve the general
welfare of low and moderate income individuals without access
to public treatment works. Therefore, the Committee believes
these funds should not be considered to be taxable income of
the grantee or any low and moderate income individuals assisted
by the program.
Sec. 210. Clean Water State Revolving Funds
This section reauthorizes the Clean Water State Revolving
Fund (CWSRF). It also amends the CWA to require, to the extent
there are sufficient applications, a minimum of 10 percent of a
state's CWSRF to be used for grants, negative interest loans,
and loan forgiveness, or to buy, refinance or restructure debt
for disadvantaged communities as determined by the state. The
amount for additional subsidies may not exceed 30 percent.
This section also allows for up to two percent of a state's
CWSRF to be used by nonprofit organizations to provide
technical assistance to small, rural, and tribal publicly-owned
treatment works.
The CWSRF is reauthorized at $2.4 billion in fiscal year
2022, $2.75 billion in fiscal year 2023, $3 billion in fiscal
year 2024, and $3.25 billion for fiscal years 2025 and 2026.
Sec. 211. Innovative water infrastructure workforce development program
This section reauthorizes an existing competitive grant
program to promote workforce development in the water utility
sector. The section modifies the program to make public works
departments and agencies eligible for these grants in addition
to schools. It also amends the program to align water and
wastewater utility workforce recruitment efforts, including the
promotion of diversity, training programs, retention efforts,
and community resources with water and wastewater utilities.
This section also directs the Administrator to create a
federal interagency working group to address recruitment,
training, and retention challenges in the water and wastewater
utility workforce. In carrying out the duties of the working
group, the working group is required to consult with State
operator certification programs.
Not later than one year after the date of enactment, the
Administrator, in coordination with the working group, shall
submit to Congress a report describing the potential solutions
to recruitment, training, and retention challenges in the water
and wastewater utility workforce.
This section increases the grant program's authorization to
$5 million for fiscal years 2022 through 2026.
Sec. 212. Grants to Alaska to improve sanitation in rural and native
villages
This section reauthorizes a program that provides grants to
the State of Alaska for the benefit of rural and Native
villages in Alaska for development and construction of public
water systems and wastewater systems to improve the health and
sanitation conditions in the villages.
This section reauthorizes appropriations for the program at
$40 million for fiscal years 2022 through 2024, $50 million for
fiscal year 2025, and $60 million for fiscal year 2026.
Sec. 213. Water data sharing pilot program
This section amends the CWA to require EPA to establish a
pilot program for states to encourage intrastate and interstate
information sharing.
The grant program funds information sharing among
communities regarding water quality, water infrastructure
needs, and water technology. Eligibility for funding is
available to states that have either a coastal watershed that
has significant pollution levels, a water system with
significant pollution levels, a substantive wastewater
infrastructure deficit, as well as, a regional consortia of
such states.
This section also authorizes funds to assist states in the
creation of multi-state consortiums to exchange water data;
share information regarding water practices, protocols,
technologies, and procedures; and establish regional intended
use plans.
Finally, this section requires the Administrator to submit
a report to Congress of the awarded grants and recipients.
This section authorizes appropriations for the grant
program of $15 million for each of fiscal years 2022 through
2026.
Sec. 214. Final rating opinion letters
This section changes the Water Infrastructure Finance and
Innovation Act (WIFIA) requirement that mandates each WIFIA
project applicant must provide two final agency rating opinion
letters. Under this section, project applicants will only need
to provide one final agency rating opinion letter, similar to
the requirements of other federal loan programs, prior to final
acceptance and financing of the project.
Sec. 215. Water Infrastructure Financing reauthorization
This section reauthorizes WIFIA through 2026 at the current
authorization level of $50 million annually. This section also
clarifies existing law that projects eligible for WIFIA
assistance that are also eligible for scoring under the Federal
Credit Reform Act (as defined in the 1990 law) are non-federal
and eligible for non-cash budgetary scoring. This section also
reauthorizes ''SWIFIA'' or SRF WIN, which allows smaller water
infrastructure projects to bundle their projects into one WIFIA
application.
Sec. 216. Small and disadvantaged community analysis
This section requires EPA to do an analysis of the
historical distribution of funds to low-income, rural, and
minority communities, as well as communities of indigenous
peoples, under SDWA and CWA programs. The EPA is also required
to analyze new opportunities and methods to improve the
distribution of funds under these programs to those same
communities. EPA must submit a report to Congress upon
completion of the analysis describing the results of the
analysis and the methods used by the Administrator.
Sec. 217. Stormwater infrastructure technology
This section creates a grant program to assist research
institutions, nonprofits, and institutions of higher education
with research on new and emerging stormwater control
technology. The goal of the program is to improve the
effectiveness, cost efficiencies, and protections of public
safety and water quality in their operations. The eligible
research includes stormwater and sewer overflow reduction,
project enhancement, and other infrastructure.
The section authorizes appropriations of $5 million for
each of fiscal years 2022 through 2026 to establish Centers of
Excellence for stormwater control infrastructure and create a
public website to share the results of the research.
This section also creates a grant program to fund the
development of standards, create fee structures, and develop
and deliver training and educational materials for stormwater.
This section authorizes appropriations for the grant
program of $10 million for each of fiscal years 2022 through
2026 at a 20 percent non-federal cost share.
Sec. 218. Water Reuse Interagency Working Group
This section instructs the EPA to establish a Water Reuse
Interagency Working Group to develop and coordinate actions,
tools, and resources to advance water reuse across the United
States. This includes establishing a Water Reuse Action Plan
that creates opportunities for water reuse in the mission areas
of each of the federal agencies. Every two years, the
Administrator shall publish a report on the activities and
findings of this Working Group. This group shall sunset in six
years, unless the Administrator chooses to extend the Working
Group.
Sec. 219. Advanced clean water technologies study
This section directs the Administrator within one year
after the date of enactment, and subject to the availability of
appropriations to carry out a study that examines the state of
existing and potential future technology, including technology
that could address cybersecurity threats, or that enhances or
could enhance the treatment, monitoring, affordability,
efficiency, and safety ofwastewater services provided by a
treatment works. The Administrator shall submit a report on the study
to Congress.
Sec. 220. Clean watersheds needs survey
This section requires the Administrator to conduct and
complete an assessment of wastewater system capital improvement
needs of all treatment works in the United States that are
eligible for assistance from state water pollution control
revolving funds. A report must be submitted to Congress
describing the results of the assessment. The report must be
completed not later than 18 months after the date of enactment
of this Act, and not less frequently than once every four years
thereafter.
This section authorizes $5 million, to remain available
until expended, to carry out the initial needs survey.
Legislative History
On March 23, 2021, Senator Tammy Duckworth, Chair of the
U.S. Senate Environment and Public Works' (EPW) Subcommittee on
Fisheries, Water, and Wildlife, introduced S. 914, Drinking
Water and Wastewater Infrastructure Act of 2021. Senators
Shelley Moore Capito (R-W.Va.), Ranking Member of the EPW
Committee; Tom Carper (D-Del.), Chairman of the EPW Committee;
Cynthia Lummis (R-Wyo.), Ranking Member of the Subcommittee on
Fisheries, Water, and Wildlife; Ben Cardin (D-Md.), Chair of
the Subcommittee on Transportation and Infrastructure; and
Kevin Cramer (R-N.D.), Ranking Member of the Subcommittee on
Transportation and Infrastructure were joined by Senators
Whitehouse (D-R.I.), Inhofe (R-Okla.), Stabenow (D-Mich.),
Sullivan (R-Alaska), Kelly (D-Ariz.), and Padilla (D-Calif.) as
original cosponsors of the legislation. The bill was referred
to the Committee on Environment and Public Works.
On March 24, 2021, the Committee on Environment and Public
Works conducted the Business Meeting to consider S. 914. The
Committee ordered S. 914 to be favorably reported with an
amendment in the nature of a substitute by a unanimous roll
call vote of 20 to 0. In addition, the Committee agreed by
unanimous consent to make a part of the official Business
Meeting record the full record of stakeholder comments and
letters of support gathered by the Committee. Due to a
reporting error, the vote was reaffirmed on April 14th.
Hearings
A water infrastructure related hearing was held by the
Committee on Environment and Public Works on March 17th, 2021
entitled ``Examining the Backlog in Drinking Water and
Wastewater Infrastructure Projects.'' The purpose of this
hearing was to conduct oversight of the Drinking Water and
Clean Water State Revolving Funds (SRFs), as well as other
programs used for drinking water and wastewater infrastructure
projects. The hearing provided the Committee with a better
understanding of the needed legislative reforms to create new
and modify existing programs designed to address drinking water
and wastewater infrastructure projects. The Committee also
examined additional stresses and challenges placed on state
SRFs and other programs used for drinking water and wastewater
infrastructure projects in light of the ongoing COVID-19
pandemic and climate change.
Roll Call Votes
The Committee on Environment and Public Works met to
consider S. 914 on March 24, 2021. The bill, with an amendment
in the nature of a substitute, was ordered to be favorably
reported by a roll call vote of 20 to 0.
Amendments approved
The following amendment to the amendment in the nature of a
substitute to S. 914 was approved by voice vote:
Carper-Capito #1--This amendment contained technical
corrections, additions based on stakeholder feedback, and
clarifications of the underlying substitute amendment. The
amendment clarified that nonprofit organizations receiving
funding through several grant programs or providing technical
assistance are required to consult with states before taking
action. It also increased the timeline for reports in several
sections to 2 years. The amendment made technical corrections
to the lead inventorying grant program to clarify that
determining whether an eligible entity has, or is suspected to
have, 30 percent of its service lines containing lead should be
based on available data, information or resources, including
existing lead inventorying. It added states and nonprofit
organizations as eligible entities under the operational
sustainability program and requires grant recipients to submit
additional information to the Administrator. It replaced the
term ``cybersecurity threat'' with ``cybersecurity
vulnerabilities'' across several programs. The substitute
amended the drinking water and wastewater needs assessment for
rural and urban low-income water assistance and created a new
EPA pilot program for low-income water assistance. It also made
technical corrections to assist schools and childcare
facilities in compliance monitoring of lead testing and
clarifies that eligible entities may provide either voluntary
testing or compliance monitoring with grant dollars. It amended
the Tribal Drinking Water Program to add 10 additional tribal
projects in the Arkansas-White-Red River Basin. Finally, it
required the Federal Agency Working Group created in the
Innovative Water Infrastructure Workforce Development Program
to consult with state operator certification programs.
Final committee vote to report
S. 914, with an amendment in the nature of a substitute, as
amended by Carper-Capito #1, was ordered to be favorably
reported by a roll call vote of 20 to 0 (Senators Boozman,
Capito, Cardin, Carper, Cramer, Duckworth, Ernst, Graham,
Inhofe, Kelly, Lummis, Markey, Merkley, Padilla, Sanders,
Shelby, Stabenow, Sullivan, Whitehouse, and Wicker voted aye).
The vote was reaffirmed by voice vote on April 14th to address
a technical reporting matter.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 914 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
CBO'S ESTIMATE OF EFFECTS ON REVENUES AND DIRECT SPENDING OF S. 914, THE DRINKING WATER AND WASTEWATER INFRASTRUCTURE ACT OF 2021, AS ORDERED REPORTED
BY THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MARCH 24, 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------------------------------------------------------------------------
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2021-2026 2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
Decreases in Revenues
Estimated Revenues...................... 0 * -3 -15 -38 -73 -118 -164 -196 -211 -215 -130 -1,035
Increases in Direct Spending
Estimated Budget Authority.............. 100 0 0 0 0 0 0 0 0 0 0 100 100
Estimated Outlays....................... 0 2 8 20 20 30 15 5 0 0 0 80 100
Net Increases in the Deficit From Changes in Direct Spending
Effect on the Deficit................... 0 2 11 35 58 103 133 169 196 211 215 210 1,135
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between -$500,000 and zero.
For more information see the notes below.
Revenues
The staff of the Joint Committee on Taxation (JCT) expects
that some of the funds authorized to be appropriated under S.
914 for grants to state revolving funds would be used by state
and local governments to leverage additional funds. Those
governments would issue tax-exempt bonds that JCT estimates
would reduce federal revenues by about $1 billion over the
2021-2031 period.
Direct spending
S. 914 would limit the criteria used to determine the
budgetary treatment of loans or loan guarantees made by the
Environmental Protection Agency (EPA) and the Army Corps of
Engineers under their Water Infrastructure Finance and
Innovation Act (WIFIA) programs. The bill would direct any
budgetary effects to be recorded on an accrual basis if the
borrower is a nonfederal entity that would repay the obligation
with nonfederal funds. That provision would allow the costs or
savings of loans for projects that meet those criteria to be
recorded on an accrual basis even if the federal government is
a counterparty to a project through its ownership, control, or
financial contributions.
Recording such federal transactions on an accrual basis is
inconsistent with current law and practice, especially if the
completion of a project is contingent on future legislative
action. Under the proposed direction, EPA and the Corps could
make loans and loan guarantees for federal projects or assets
and record the costs on an accrual basis rather than on a cash
basis. On a cash basis, the full loan amount is recorded at the
time an obligation is made; thus, the bill's enactment would
result in an understatement of the initial funding amounts
required for those commitments when the federal government is a
counterparty.
The subsidy costs of loans and loan guarantees for the
WIFIA program are funded through annual appropriations. For
EPA's loans and loan guarantees under WIFIA, some available
balances from previously appropriated budget authority could be
used for projects covered by the direction in S. 914. CBO
estimates that recording those loans and loan guarantees on an
accrual basis would increase the upfront costs of those
commitments by $100 million over the 2021-2031 period.
Other spending
In directing a different budgetary treatment for certain
WIFIA loans, the bill would cause future loans or loan
guarantees to be recorded in the budget at a lower cost than is
required under the recording statute, the Federal Credit Reform
Act, and current practice. CBO believes that the difference
between the costs on a cash basis and on an accrual basis
should be recorded as an increase in spending in addition to
amounts appropriated in the future for the programs.
Using information about the costs of qualifying projects
for which the federal government may be a counterparty, CBO
estimates that the change in budgetary treatment could allow
the costs of those projects that receive WIFIA loans through
EPA and the Corps to be understated by hundreds of millions of
dollars in a given year. CBO has not yet determined whether the
estimated costs that result from the bill's changes to those
programs should be recorded as direct spending and attributed
to S. 914, attributed to future appropriation bills that
provide the obligational authority required to make such loans,
or to some combination of both.
Uncertainty
The estimated budgetary effects of S. 914 are subject to
uncertainty. For instance, the size and nature of future
appropriations for the subsidy costs of EPA and Corps WIFIA
loan programs, the projects that apply for those programs, and
the projects approved for loans all could increase or decrease
the pool of projects that would, in CBO's estimation, be
eligible for a different budgetary treatment than they would
receive under current law.
Spending subject to appropriation
S. 914 would authorize the appropriation of specific
amounts for EPA to provide grants and loans to state and local
governments, public water systems, nonprofit organizations, and
other entities to support various water infrastructure projects
and programs to improve water quality. Those authorizations
would total about $35 billion over the 2021-2026 period.
In addition, S. 914 would, among other things, authorize
EPA to create a pilot program to provide grants to certain
qualifying community water systems or treatment works with high
amounts of debt attributable to customer nonpayment. The
amounts for the pilot program and certain administrative costs
are not specified in the bill but that spending would be
subject to the availability of appropriated funds. CBO has not
completed an analysis of the costs of those provisions.
Increase in long-term deficits
JCT and CBO estimate that enacting the bill would not
increase on-budget deficits by more than $5 billion in any of
the four consecutive 10-year periods beginning in 2032.
Mandates: None.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC HEALTH SERVICE ACT)
* * * * * * *
TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS
Sec. 1400. This title may be cited as the ``Safe Drinking
Water Act''.
* * * * * * *
Sec. 1442. (a)(1) The Administrator may conduct research,
studies, and demonstrations relating to the causes, diagnosis,
treatment, control, and prevention of physical and mental
diseases and other impairments of man resulting directly or
indirectly from contaminants in water, or to the provision of a
dependably safe supply of drinking water, including--
(A) * * *
* * * * * * *
(b) The Administrator is authorized to provide technical
assistance and to make grants to States, or publicly owned
water systems to assist in responding to and alleviating any
emergency situation (including an emergency situation resulting
from a cybersecurity event) affecting public water systems
(including sources of water for such systems) which the
Administrator determines to present substantial danger to the
public health , including a threat to public health resulting
from contaminants, such as, but not limited to, heightened
exposure to lead in drinking water. Grants provided under this
subsection shall be used only to support those actions which
(i) are necessary for preventing, limiting or mitigating danger
to the public health in such emergency situation and (ii) would
not, in the judgment of the Administrator, be taken without
such emergency assistance. The Administrator may carry out the
program authorized under this subparagraph as part of, and in
accordance with the terms and conditions of, any other program
of assistance for environmental emergencies which the
Administrator is authorized to carry out under any other
provision of law. No limitation on appropriations for any such
other program shall apply to amounts appropriated under this
subparagraph.
* * * * * * *
[(d) There are authorized to be appropriated to carry out
subsection (b) not more than $35,000,000 for the fiscal year
2002 and such sums as may be necessary for each fiscal year
thereafter.]
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out subsection (b) $35,000,000 for
each of fiscal years 2022 through 2026.
(e) Technical Assistance to Small Public Water Systems.--
(1) * * *
* * * * * * *
[(5) There are authorized to be appropriated to the
Administrator to be used for such technical assistance
$15,000,000 for each of the fiscal years 2015 through
2020.]
(5) Authorization of appropriations.--There is
authorized to be appropriated to the Administrator to
carry out this subsection $15,000,000 for each of
fiscal years 2022 through 2026.
* * * * * * *
(f) State-based Nonprofit Organizations.
(1) In general.--The Administrator may provide
technical assistance consistent with the authority
provided under subsection (e) to State-based nonprofit
organizations that are governed by community water
systems.
(2) Communication.--Each State-based nonprofit
organization that receives funding under paragraph (1)
shall, before using that funding to undertake
activities to carry out this subsection, consult with
the State in which the assistance is to be expended or
otherwise made available.
[(f)] (g) Technical Assistance for Innovative Water
Technologies.-- * * *
* * * * * * *
STATE REVOLVING LOAN FUNDS
Sec. 1452. (a) General Authority.--
(1) * * *
* * * * * * *
(4) American iron and steel products.--
(A) In general.--[During fiscal years 2019
through 2023, funds Funds made available from a
State loan fund established pursuant to this
section may not be used for a project for the
construction, alteration, or repair of a public
water system unless all of the iron and steel
products used in the project are produced in
the United States.
* * * * * * *
(d) Assistance for Disadvantaged Communities.--
(1) Loan subsidy.--Notwithstanding any other
provision of this section, in any case in which the
State makes a loan pursuant to subsection (a)(2) to a
disadvantaged community or to a community that the
State expects to become a disadvantaged community as
the result of a proposed project, the State may provide
additional subsidization (including forgiveness of
principal , grants, negative interest loans, other loan
forgiveness, and through buying, refinancing, or
restructuring debt).
(2) Total amount of subsidies.--For each fiscal year,
of the amount of the capitalization grant received by
the State for the year, the total amount of loan
subsidies made by a State pursuant to paragraph (1)--
(A) may not exceed 35 percent; and
[(B) to the extent that there are sufficient
applications for loans to communities described
in paragraph (1), may not be less than 6
percent.]
(B) to the extent that there are sufficient
applications for loans to communities described
in paragraph (1), may not be less than 12
percent.
* * * * * * *
(m) Authorization of Appropriations.--
(1) There are authorized to be appropriated to carry
out the purposes of this section, except for
subsections (a)(2)(G) and (t)--
(A) $1,174,000,000 for fiscal year 2019;
(B) $1,300,000,000 for fiscal year 2020;
[and]
(C) $1,950,000,000 for fiscal year 2021[.] ;
(2) To the extent amounts authorized to be
appropriated under this subsection in any fiscal year
are not appropriated in that fiscal year, such amounts
are authorized to be appropriated in a subsequent
fiscal year. Such sums shall remain available until
expended.
(D) $2,400,000,000 for fiscal year 2022;
(E) $2,750,000,000 for fiscal year 2023;
(F) $3,000,000,000 for fiscal year 2024; and
(G) $3,250,000,000 for each of fiscal years
2025 and 2026.
* * * * * * *
(q) Small System Technical Assistance.--The Administrator may
reserve up to 2 percent of the total funds made available to
carry out this section for each of fiscal years [2016 through
2021] 2022 through 2026 to carry out the provisions of section
1442(e) (relating to technical assistance for small systems),
except that the total amount of funds made available for such
purpose in any fiscal year through appropriations (as
authorized by section 1442(e)) and reservations made pursuant
to this subsection shall not exceed the amount authorized by
section 1442(e).
* * * * * * *
SOURCE WATER PETITION PROGRAM
Sec. 1454. (a) Petition Program.--
(1) In general.--
(A) Establishment.--A State may establish a
program under which an owner or operator of a
community water system in the State, or a
municipal or local government or [political
subdivision of a State,] political subdivision
of a State (including a county that is
designated by the State to act on behalf of an
unincorporated area within that county, with
the agreement of that unincorporated area), may
submit a source water quality protection
partnership petition to the State requesting
that the State assist in the local development
of a voluntary, incentive-based partnership,
among the owner, operator, or government and
other persons likely to be affected by the
recommendations of the partnership, to--
* * * * * * *
(4) Contents.--A petition submitted under this
subsection shall, at a minimum--
(A) * * *
* * * * * * *
(D) specify the efforts made to establish the
voluntary local partnership and obtain the
participation of--
(i) the municipal or local government
or other political subdivision of the
State (including a county that is
designated by the State to act on
behalf of an unincorporated area within
that county) with jurisdiction over the
source water area delineated under
section 1453; and
(5) Savings provision.--Unless otherwise provided
within the agreement, an agreement between an
unincorporated area and a county for the county to
submit a petition under paragraph (1)(A) on behalf of
the unincorporated area shall not authorize the county
to act on behalf of the unincorporated area in any
matter not within a program under this section.
* * * * * * *
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $5,000,000 for each
of the fiscal years 2020 through [2021] 2026. Each State with a
plan for a program approved under subsection (b) shall receive
an equitable portion of the funds available for any fiscal
year.
* * * * * * *
SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) * * *
* * * * * * *
(b) Establishment.--
(1) In general.-- * * *
* * * * * * *
(2) Inclusions.--Projects and activities under
paragraph (1) include--
(A) investments necessary for the public
water system to comply with the requirements of
this title;
(B) assistance that directly and primarily
benefits the disadvantaged community on a per-
household basis; [and]
(C) programs to provide household water
quality testing, including testing for
unregulated contaminants[.];
(D) the purchase of point-of-entry or point-
of-use filters that are independently certified
using science-based test methods for the
removal of contaminants of concern;
(E) investments necessary for providing
accurate and current information about--
(i) the need for filtration and
filter safety, including proper use and
maintenance practices; and
(ii) the options for replacing lead
service lines (as defined section
1459B(a)) and removing other sources of
lead in water; and
(F) entering into contracts, including
contracts with nonprofit organizations that
have water system technical expertise, to
assist--
(i) an eligible entity; or
(ii) the State of an eligible entity,
on behalf of that eligible entity.
(c) Eligible Entities.--[An eligible entity] Except for
purposes of subsections (j) and (m), an eligible entity; under
this section--
* * * * * * *
(g) Cost Sharing.--Before providing a grant to an eligible
entity under this section, the Administrator shall enter into a
binding agreement with the eligible entity to require the
eligible entity--
(1) [to pay not less than 45 percent] except as
provided in subsection (l)(5) and subject to subsection
(h), to pay not less than 10 percent; of the total
costs of the project or activity, which may include
services, materials, supplies, or other in-kind
contributions;
* * * * * * *
[(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subsections (a) through (j) of
this section, $60,000,000 for each of fiscal years 2017 through
2021.]
(k) Authorization of Appropriations.--There are authorized to
be appropriated to carry out subsections (a) through (j)--
(1) $60,000,000 for fiscal year 2022;
(2) $80,000,000 for fiscal year 2023;
(3) $100,000,000 for fiscal year 2024;
(4) $120,000,000 for fiscal year 2025; and
(5) $140,000,000 for fiscal year 2026.
(l) Drinking Water Infrastructure Resilience and
Sustainability.--
(1) Resilience and natural hazard.--The terms
``resilience'' and ``natural hazard'' have the meaning
given such terms in section 1433(h).
(2) In general.--[The Administrator may] The
Administrator shall establish and carry out a program,
to be known as the Drinking Water System Infrastructure
Resilience and Sustainability Program, under which the
Administrator, subject to the availability of
appropriations for such purpose, shall award grants in
each of [fiscal years 2019 and 2020] fiscal years 2022
through 2026 to eligible entities for the purpose of
increasing resilience to natural hazards.
* * * * * * *
(4) Application.--To seek a grant under this
subsection, the eligible entity shall submit to the
Administrator an application that--
(A) * * *
* * * * * * *
(5) Federal share for small, rural, and disadvantaged
communities.--
(A) In general.--Subject to subparagraph (B),
with respect to a program or project that
serves an eligible entity and is carried out
using a grant under this subsection, the
Federal share of the cost of the program or
project shall be 90 percent.
(B) Waiver.--The Administrator may increase
the Federal share under subparagraph (A) to 100
percent if the Administrator determines that an
eligible entity is unable to pay, or would
experience significant financial hardship if
required to pay, the non-Federal share.
[(5)] (6) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection [$4,000,000 for each of fiscal years 2019
and 2020] $25,000,000 for each of fiscal years 2022
through 2026.
(m) Connection to Public Water Systems.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term `eligible
entity' means--
(i) an owner or operator of a public
water system that assists or is seeking
to assist eligible individuals with
connecting the household of the
eligible individual to the public water
system; or
(ii) a nonprofit entity that assists
or is seeking to assist eligible
individuals with the costs associated
with connecting the household of the
eligible individual to a public water
system.
(B) Eligible individual.--The term `eligible
individual' has the meaning given the term in
section 603(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(j)).
(C) Program.--The term `program' means the
competitive grant program established under
paragraph (2).
(2) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
competitive grant program for the purpose of improving
the general welfare under which the Administrator
awards grants to eligible entities to provide funds to
assist eligible individuals in covering the costs
incurred by the eligible individual in connecting the
household of the eligible individual to a public water
system.
(3) Application.--An eligible entity seeking a grant
under the program shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may
require.
(4) Criteria.--In selecting recipients for grants
under the program, the Administrator shall consider--
(A) how public health would improve by
awarding a grant to a particular eligible
entity;
(B) the environmental implications of
awarding a grant to a particular eligible
entity;
(C) whether it is economically feasible for
an eligible entity to provide the assistance
described in paragraph (2); and
(D) whether it is technically feasible for an
eligible entity to provide the assistance
described in paragraph (2).
(5) Voluntary connection.--Before providing funds to
an eligible individual for the costs described in
paragraph (2), an eligible entity shall ensure and
certify to the Administrator that--
(A) the eligible individual is voluntarily
seeking connection to the public water system;
(B) if the eligible entity is not the owner
or operator of the public water system to which
the eligible individual seeks to connect, the
public water system to which the eligible
individual seeks to connect has agreed to the
connection; and
(C) the connection of the household of the
eligible individual to the public water system
meets all applicable local and State
regulations, requirements, and codes.
(6) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator shall
submit to Congress a report that describes the
implementation of the program, which shall include a
description of the use and deployment of amounts made
available under the program.
(7) Authorization of appropriations.--There is
authorized to be appropriated to carry out the program
$20,000,000 for each of fiscal years 2022 through 2026.
(n) State Competitive Grants for Underserved Communities.--
(1) In general.--In addition to amounts authorized to
be appropriated under subsection (k), there is
authorized to be appropriated to carry out subsections
(a) through (j) $50,000,000 for each of fiscal years
2022 through 2026 in accordance with paragraph (2).
(2) Competitive grants.--
(A) In general.--Notwithstanding any other
provision of this section, the Administrator
shall distribute amounts made available under
paragraph (1) to States through a competitive
grant program.
(B) Applications.--To seek a grant under the
competitive grant program under subparagraph
(A), a State shall submit to the Administrator
an application at such time, in such manner,
and containing such information as the
Administrator may require.
(C) Criteria.--In selecting recipients of
grants under the competitive grant program
under subparagraph (A), the Administrator shall
establish criteria that give priority to States
with a high proportion of underserved
communities that meet the condition described
in subsection (a)(2)(A).
(3) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator shall
submit to Congress a report that describes the
implementation of the competitive grant program under
paragraph (2)(A), which shall include a description of
the use and deployment of amounts made available under
the competitive grant program.
(4) Savings provision.--Nothing in this paragraph
affects the distribution of amounts made available
under subsection (k), including any methods used by the
Administrator for distribution of amounts made
available under that subsection as in effect on the day
before the date of enactment of this subsection.
SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
(a) Definitions.--In this section:
(1) Eligible entity.-- * * *
* * * * * * *
(c) Limitation on Use of Funds.-- * * *
* * * * * * *
(d) Lead Inventorying Utilization Grant Pilot Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term `eligible
entity' means a municipality that is served by
a community water system or a nontransient
noncommunity water system in which not less
than 30 percent of the service lines are known,
or suspected, to contain lead, based on
available data, information, or resources,
including existing lead inventorying.
(B) Pilot program.--The term `pilot program'
means the pilot program established under
paragraph (2).
(2) Establishment.--The Administrator shall establish
a pilot program under which the Administrator shall
provide grants to eligible entities to carry out lead
reduction projects that are demonstrated to exist or
are suspected to exist, based on available data,
information, or resources, including existing lead
inventorying of those eligible entities.
(3) Selection.--
(A) Application.--To be eligible to receive a
grant under the pilot program, an eligible
entity shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the
Administrator may require.
(B) Prioritization.--In selecting recipients
under the pilot program, the Administrator
shall give priority to--
(i) an eligible entity that meets the
affordability criteria of the
applicable State established under
section 1452(d)(3); and
(ii) an eligible entity that is
located in an area other than a State
that has established affordability
criteria under section 1452(d)(3).
(4) Report.--Not later 2 years after the
Administrator first awards a grant under the pilot
program, the Administrator shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report describing--
(A) the recipients of grants under the pilot
program;
(B) the existing lead inventorying that was
available to recipients of grants under the
pilot program; and
(C) how useful and accurate the lead
inventorying described in subparagraph (B) was
in locating lead service lines of the eligible
entity.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out the pilot
program $10,000,000, to remain available until
expended.
[(d)] (e) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section (except
for subsection (d)) [$60,000,000 for each of fiscal years 2017
through 2021] $100,000,000 for each of fiscal years 2022
through 2026
[(e)] (f) Savings Clause.--Nothing in this section affects
whether a public water system is responsible for the
replacement of a lead service line that is--
(1) subject to the control of the public water
system; and
(2) located on private property.
SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.
(a) Definition of Intractable Water System.-- * * *
* * * * * * *
SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means--
(A) a State;
(B) a unit of local government;
(C) a public corporation established by a
unit of local government to provide water
service;
(D) a nonprofit corporation, public trust, or
cooperative association that owns or operates a
public water system;
(E) an Indian Tribe that owns or operates a
public water system;
(F) a nonprofit organization that provides
technical assistance to public water systems;
and
(G) a Tribal consortium.
(2) Operational sustainability.--The term
`operational sustainability' means the ability to
improve the operation of a small system through the
identification and prevention of potable water loss due
to leaks, breaks, and other metering or infrastructure
failures.
(3) Program.--The term `program' means the grant
program established under subsection (b).
(4) Small system.--The term `small system' means a
public water system that--
(A) serves fewer than 10,000 people; and
(B) is owned or operated by--
(i) a unit of local government;
(ii) a public corporation;
(iii) a nonprofit corporation;
(iv) a public trust;
(v) a cooperative association; or
(vi) an Indian Tribe.
(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a program to
award grants to eligible entities for the purpose of improving
the operational sustainability of 1 or more small systems.
(c) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(1) a proposal of the project to be carried out using
grant funds under the program;
(2) documentation prepared by the eligible entity
describing the deficiencies or suspected deficiencies
in operational sustainability of 1 or more small
systems that are to be addressed through the proposed
project;
(3) a description of how the proposed project will
improve the operational sustainability of 1 or more
small systems;
(4) a description of how the improvements described
in paragraph (3) will be maintained beyond the life of
the proposed project, including a plan to maintain and
update any asset data collected as a result of the
proposed project; and
(5) any additional information the Administrator may
require.
(d) Additional Required Information.--Before awarding funds
for a grant under the program to a grant recipient, the grant
recipient shall submit to the Administrator--
(1) if the grant recipient is located in a State that
has established a State drinking water treatment
revolving loan fund under section 1452, a copy of a
written agreement between the grant recipient and the
State in which the grant recipient agrees to provide a
copy of any data collected under the proposed project
to the State agency administering the State drinking
water treatment revolving loan fund (or a designee); or
(2) if the grant recipient is located in an area
other than a State that has established a State
drinking water treatment revolving loan fund under
section 1452, a copy of a written agreement between the
grant recipient and the Administrator in which the
eligible entity agrees to provide a copy of any data
collected under the proposed project to the
Administrator (or a designee).
(e) Use of Funds.--An eligible entity that receives a grant
under the program shall use the grant funds to carry out
projects that improve the operational sustainability of 1 or
more small systems through--
(1) the development of a detailed asset inventory,
which may include drinking water sources, wells,
storage, valves, treatment systems, distribution lines,
hydrants, pumps, controls, and other essential
infrastructure;
(2) the development of an infrastructure asset map,
including a map that uses technology such as--
(A) geographic information system software;
and
(B) global positioning system software;
(3) the deployment of leak detection technology;
(4) the deployment of metering technology;
(5) training in asset management strategies,
techniques, and technologies for appropriate staff
employed by--
(A) the eligible entity; or
(B) the small systems for which the grant was
received;
(6) the deployment of strategies, techniques, and
technologies to enhance the operational sustainability
and effective use of water resources through water
reuse; and
(7) the development or deployment of other
strategies, techniques, or technologies that the
Administrator may determine to be appropriate under the
program.
(f) Cost Share.--
(1) In general.--Subject to paragraph (2), the
Federal share of the cost of a project carried out
using a grant under the program shall be 90 percent of
the total cost of the project.
(2) Waiver.--The Administrator may increase the
Federal share under paragraph (1) to 100 percent.
(g) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program, which
shall include a description of the use and deployment of
amounts made available under the program.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $50,000,000 for each
of fiscal years 2022 through 2026.
SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
RESILIENCE AND SUSTAINABILITY PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means a public water system that serves a community
with a population of greater than 10,000.
(2) Natural hazard; resilience.--The terms
`resilience' and `natural hazard' have the meanings
given those terms in section 1433(h).
(3) Resilience and sustainability program.--The term
`resilience and sustainability program' means the
Midsize and Large Drinking Water System Infrastructure
Resilience and Sustainability Program established under
subsection (b).
(b) Establishment.--The Administrator shall establish and
carry out a program, to be known as the `Midsize and Large
Drinking Water System Infrastructure Resilience and
Sustainability Program', under which the Administrator, subject
to the availability of appropriations for the resilience and
sustainability program, shall award grants to eligible entities
for the purpose of--
(1) increasing resilience to natural hazards and
extreme weather events; and
(2) reducing cybersecurity vulnerabilities.
(c) Use of Funds.--An eligible entity may only use grant
funds received under the resilience and sustainability program
to assist in the planning, design, construction,
implementation, operation, or maintenance of a program or
project that increases resilience to natural hazards and
extreme weather events, or reduces cybersecurity
vulnerabilities, through--
(1) the conservation of water or the enhancement of
water-use efficiency;
(2) the modification or relocation of existing
drinking water system infrastructure made, or that is
at risk of being, significantly impaired by natural
hazards or extreme weather events, including risks to
drinking water from flooding;
(3) the design or construction of new or modified
desalination facilities to serve existing communities;
(4) the enhancement of water supply through the use
of watershed management and source water protection;
(5) the enhancement of energy efficiency or the use
and generation of renewable energy in the conveyance or
treatment of drinking water;
(6) the development and implementation of measures--
(A) to increase the resilience of the
eligible entity to natural hazards and extreme
weather events; or
(B) to reduce cybersecurity vulnerabilities;
or
(7) the conservation of water or the enhancement of a
water supply through the implementation of water reuse
measures.
(d) Application.--To seek a grant under the resilience and
sustainability program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(1) a proposal of the program or project to be
planned, designed, constructed, implemented, operated,
or maintained by the eligible entity;
(2) an identification of the natural hazard risks,
extreme weather events, or potential cybersecurity
vulnerabilities, as applicable, to be addressed by the
proposed program or project;
(3) documentation prepared by a Federal, State,
regional, or local government agency of the natural
hazard risk, potential cybersecurity vulnerability, or
risk for extreme weather events to the area where the
proposed program or project is to be located;
(4) a description of any recent natural hazards,
cybersecurity events, or extreme weather events that
have affected the community water system of the
eligible entity;
(5) a description of how the proposed program or
project would improve the performance of the community
water system of the eligible entity under the
anticipated natural hazards, cybersecurity
vulnerabilities, or extreme weather events; and
(6) an explanation of how the proposed program or
project is expected--
(A) to enhance the resilience of the
community water system of the eligible entity
to the anticipated natural hazards or extreme
weather events; or
(B) to reduce cybersecurity vulnerabilities.
(e) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the resilience and
sustainability program, which shall include a description of
the use and deployment of amounts made available to carry out
the resilience and sustainability program.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out the resilience and
sustainability program $50,000,000 for each of fiscal
years 2022 through 2026.
(2) Use of funds.--Of the amounts made available
under paragraph (1) for grants to eligible entities
under the resilience and sustainability program--
(A) 50 percent shall be used to provide
grants to eligible entities that serve a
population of--
(i) greater than 10,000; and
(ii) fewer than 100,000; and
(B) 50 percent shall be used to provide
grants to eligible entities that serve a
population equal to or greater than 100,000.
(3) Administrative costs.--Of the amounts made
available under paragraph (1), not more than 2 percent
may be used by the Administrator for the administrative
costs of carrying out the resilience and sustainability
program.
SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE.
(a) Definitions.--In this section:
(1) Large community water system.--The term `large
community water system' means a community water system
or treatment works that serves a population of more
than 100,000 inhabitants.
(2) Low-income household.--The term `low-income
household' means a household that has an income that,
as determined by the State in which the household is
located, does not exceed the greater of--
(A) an amount equal to 150 percent of the
poverty level of that State; and
(B) an amount equal to 60 percent of the
State median income for that State.
(3) Medium community water system.--The term `medium
community water system' means a community water system
or treatment works that serves a population of more
than 10,000 inhabitants and not more than 100,000
inhabitants.
(4) Need.--The term `need', with respect to a
household, means the expenditure of a disproportionate
amount of household income on access to public drinking
water or wastewater services.
(5) Rural community water system.--The term `rural
community water system' means a community water system
or treatment works that serves a population of not more
than 10,000 inhabitants.
(6) Treatment works.--The term `treatment works' has
the meaning given the term in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292).
(b) Study; Report.--
(1) In general.--The Administrator shall conduct, and
submit to Congress a report describing the results of,
a study regarding the prevalence throughout the United
States of municipalities, public entities, or Tribal
governments that--
(A) own or operate rural community water
systems, medium community water systems, or
large community water systems that service a
disproportionate level of low-income households
with need, including low-income renters with
need or a community water system or treatment
works that provides services to a disadvantaged
community (as defined in section 1452(d)(3));
or
(B) have taken on an unsustainable level of
debt due to customer nonpayment for the
services provided by a community water system
or treatment works.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) recommendations of the Administrator
regarding the best methods to increase access
to affordable and reliable drinking water and
wastewater services;
(B) a description of the cost of each method
described in subparagraph (A); and
(C) with respect to the development of the
report, a consultation with all relevant
stakeholders.
(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the
study under paragraph (1).
SEC. 1459H. RURAL AND LOW-INCOME DRINKING WATER ASSISTANCE PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means a municipality, Tribal government, or other
entity that--
(A) owns or operates a community water system
or treatment works that services a
disproportionate level of low-income households
(as defined in section 1459E(a)), including
low-income renters; or
(B) has taken on an unsustainable level of
debt due to customer nonpayment for the
services provided by a community water system
or treatment works.
(2) Large community water system.--The term `large
community water system' means a community water system
or treatment works that serves a population of more
than 100,000 inhabitants.
(3) Medium community water system.--The term `medium
community water system' means a community water system
or treatment works that serves a population of more
than 10,000 inhabitants and not more than 100,000
inhabitants.
(4) Need.--The term `need', with respect to a
household, means the expenditure of a disproportionate
amount of household income on access to public drinking
water or wastewater services.
(5) Pilot program.--The term `pilot program' means
the pilot program established by the Administrator
under subsection (b)(1).
(6) Rural community water system.--The term `rural
community water system' means a community water system
or treatment works that serves a population of not more
than 10,000 inhabitants.
(7) Treatment works.--The term `treatment works' has
the meaning given the term in section 212 of the
Federal Water Pollution Control Act (33 U.S.C. 1292).
(8) Water services needs assessment.--The term `water
services needs assessment' means the report required
under section 1459G(b)(1).
(b) Establishment.--
(1) In general.--Not later than 90 days after the
date on which the Administrator submits the drinking
water needs assessment to Congress, the Administrator
shall establish a pilot program to award grants to
eligible entities to develop and implement programs to
assist low-income households with need in maintaining
access to affordable and reliable drinking water and
wastewater treatment.
(2) Requirement.--In establishing the pilot program,
the Administrator shall ensure that the water services
needs assessment directly contributes to the structure
of the pilot program by informing the types of
assistance and criteria used for priority consideration
with the demonstrated need from the study conducted
under section 1459G(b)(1) and the water services needs
assessment.
(3) Use of funds limitations.--A grant under the
pilot program--
(A) shall not be used to replace funds for
any existing similar program; but
(B) may be used to supplement or enhance an
existing program, including a program that
receives assistance from other Federal grants.
(4) Term.--The term of a grant awarded under the
pilot program shall be subject to the availability of
appropriations.
(5) Types of assistance.--In establishing the pilot
program, the Administrator may include provisions for--
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or
the community water system owned by the
eligible entity for debt that is due to
customer nonpayment for the services provided
by the eligible entity or the community water
system that is determined by the Administrator
to be in the interest of public health.
(6) Requirement.--The Administrator shall award not
more than 40 grants under the pilot program, of which--
(A) 10 shall be to eligible entities that own
or operate a rural community water system;
(B) 10 shall be to eligible entities that own
or operate a medium community water system;
(C) 10 shall be to eligible entities that own
or operate a large community water system; and
(D) 10 shall be to eligible entities that own
or operate a community water system or
treatment works that services a disadvantaged
community (as defined in section 1452(d)(3)).
(7) Criteria.--In addition to any priority criteria
established by the Administrator in response to the
findings in the water services needs assessment, in
awarding grants under the pilot program, the
Administrator shall give priority consideration to
eligible entities that--
(A)(i) serve a predominant number of
customers considered to be low-income or
moderate-income, as identified in the drinking
water needs assessment; and
(ii) are subject to consent decrees relating
to compliance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) or this
title; or
(B) develop an equivalent program, as
determined by the Administrator, that is
administered separately by the eligible entity.
(8) Reporting requirements.--
(A) In general.--In addition to any other
applicable Federal or agency-specific grant
reporting requirements, as a condition of
receiving a grant under the pilot program, an
eligible entity (or a State, on behalf of an
eligible entity) shall submit to the
Administrator an annual report that summarizes,
in a manner determined by the Administrator,
the use of grant funds by the eligible entity,
including--
(i) key features of the assistance
provided by the eligible entity,
including rate structures, rebates,
discounts, and related initiatives that
assist households, including--
(I) budget billing;
(II) bill timing; and
(III) pretermination
protections;
(ii) sources of funding used to
supplement Federal funds; and
(iii) eligibility criteria.
(B) Publication.--The Administrator shall
publish each report submitted under
subparagraph (A).
(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State,
on behalf of an eligible entity, that receives a grant under
the pilot program to ensure full implementation of the program.
(d) Report.--Not later than 2 years after the date on which
grant funds are first disbursed to an eligible entity (or a
State, on behalf of an eligible entity) under the program, and
every year thereafter for the duration of the terms of the
grants, the Administrator shall submit to Congress a report on
the results of the pilot program.
SEC. 1459I. ADVANCED DRINKING WATER TECHNOLOGIES.
(a) Study.--
(1) In general.--Subject to the availability of
appropriations, not later than 1 year after the date of
enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator shall
carry out a study that examines the state of existing
and potential future technology, including technology
that could address cybersecurity vulnerabilities, that
enhances or could enhance the treatment, monitoring,
affordability, efficiency, and safety of drinking water
provided by a public water system.
(2) Report.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report that describes the results
of the study under paragraph (1).
(b) Advanced Drinking Water Technology Grant Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term `eligible
entity' means the owner or operator of a public
water system that--
(i) serves--
(I) a population of not more
than 100,000 people; or
(II) an underserved
community;
(ii) has plans to identify or has
identified opportunities in the
operations of the public water system
to employ new, existing, or emerging,
yet proven, technologies, including
technology that could address
cybersecurity vulnerabilities, as
determined by the Administrator, that
enhance treatment, monitoring,
affordability, efficiency, or safety of
the drinking water provided by the
public water system, including
technologies not identified in the
study conducted under subsection
(a)(1); and
(iii) has expressed an interest in
the opportunities in the operation of
the public water system to employ new,
existing, or emerging, yet proven,
technologies, including technology that
could address cybersecurity
vulnerabilities, as determined by the
Administrator, that enhance treatment,
monitoring, affordability, efficiency,
or safety of the drinking water
provided by the public water system,
including technologies not identified
in the study conducted under subsection
(a)(1).
(B) Program.--The term `program' means the
competitive grant program established under
paragraph (2).
(C) Underserved community.--The term
`underserved community' means a political
subdivision of a State that, as determined by
the Administrator, has an inadequate system for
obtaining drinking water.
(2) Establishment.--The Administrator shall establish
a competitive grant program under which the
Administrator shall award grants to eligible entities
for the purpose of identifying, deploying, or
identifying and deploying technologies described in
paragraph (1)(A)(ii).
(3) Requirements.--
(A) Applications.--To be eligible to receive
a grant under the program, an eligible entity
shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the
Administrator may require.
(B) Federal share.--
(i) In general.--Subject to clause
(ii), the Federal share of the cost of
a project carried out using a grant
under the program shall not exceed 90
percent of the total cost of the
project.
(ii) Waiver.--The Administrator may
increase the Federal share under clause
(i) to 100 percent if the Administrator
determines that an eligible entity is
unable to pay, or would experience
significant financial hardship if
required to pay, the non-Federal share.
(4) Report.--Not later than 2 years after the date on
which Administrator first awards a grant under the
program, and annually thereafter, the Administrator
shall submit to Congress a report describing--
(A) each recipient of a grant under the
program during the previous 1-year period; and
(B) a summary of the activities carried out
using grants awarded under the program.
(5) Funding.--
(A) Authorization of appropriations.--There
is authorized to be appropriated to carry out
the program $10,000,000 for each of fiscal
years 2022 through 2026, to remain available
until expended.
(B) Administrative costs.--Not more than 2
percent of the amount made available for a
fiscal year under subparagraph (A) to carry out
the program may be used by the Administrator
for the administrative costs of carrying out
the program.
* * * * * * *
lead contamination in school drinking water
Sec. 1464. (a) Distribution of Drinking Water Cooler List.--
* * *
* * * * * * *
(b) Guidance Document and Testing Protocol.--The
Administrator shall publish a guidance document and a testing
protocol to assist public water systems and schools in
determining the source and degree of lead contamination in
school drinking water supplies and in remedying such
contamination. The guidance document shall include guidelines
for sample preservation. The guidance document shall also
include guidance to assist States, schools, public water
systems, and the general public in ascertaining the levels of
lead contamination in drinking water coolers and in taking
appropriate action to reduce or eliminate such contamination.
The guidance document shall contain a testing protocol for the
identification of drinking water coolers which contribute to
lead contamination in drinking water. Such document and
protocol may be revised, republished and redistributed as the
Administrator deems necessary. The Administrator shall
distribute the guidance document and testing protocol to the
States within 100 days after the enactment of this section.
* * * * * * *
(d) Voluntary School and Child Care Program Lead Testing
Grant Program.--
(1) Definitions.-- * * *
* * * * * * *
(2) Establishment.--
(A) In general.--Not later than 180 days
after the date of enactment of the Water and
Waste Act of 2016, the Administrator shall
establish a voluntary school and child care
program lead testing grant program to make
[grants available to States] grants available
to--
(i) States to assist local
educational agencies [in voluntary
testing] , public water systems that
serve schools and child care programs
under the jurisdiction of those local
educational agencies, and qualified
nonprofit organizations in voluntary
testing or compliance monitoring
(II) by striking the period
at the end and inserting ``;
and''; for lead contamination
in drinking water at schools
and child care programs under
the jurisdiction of the local
educational agencies[.] ;and
(ii) tribal consortia to assist
tribal education agencies (as defined
in section 3 of the National
Environmental Education Act (20 U.S.C.
5502)) in voluntary testing for lead
contamination in drinking water at
schools and child care programs under
the jurisdiction of the tribal
education agency.
(B) Direct grants to local educational
agencies.--The Administrator may make a grant
for the voluntary testing described in
subparagraph (A) directly available to--
(i) any local educational agency
described in clause (i) or (iii) of
paragraph (1)(B) located in a State
that does not participate in the
voluntary grant program established
under subparagraph (A); [or]
(ii) any local educational agency
described in clause (ii) of paragraph
(1)(B)[.] ;
(iii) any public water system that is
located in a State that does not
participate in the voluntary grant
program established under subparagraph
(A) that--
(I) assists schools or child
care programs in lead testing;
(II) assists schools or child
care programs with compliance
monitoring; or
(III) provides technical
assistance to schools or child
care programs in carrying out
lead testing; or
(iv) a qualified nonprofit
organization, as determined by the
Administrator.
(3) Application.--To be eligible to receive a grant
under this subsection, a [State or local educational
agency] State, local educational agency, public water
system, tribal consortium, or qualified nonprofit
organization shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may
require.
(4) Priority.--In making grants under this
subsection, the Administrator shall give priority to
[States and local educational agencies] States, local
educational agencies, public water systems, tribal
consortia, and qualified nonprofit organizations that
will assist in voluntary testing for lead contamination
in drinking water at schools and child care programs
that are in low-income areas.
(5) Limitation on use of funds.--Not more than 4
percent of grant funds accepted by a [State or local
educational agency] State, local educational agency,
public water system, tribal consortium, or qualified
nonprofit organization for a fiscal year under this
subsection shall be used to pay the administrative
costs of carrying out this subsection.
(6) Guidance; public availability.--As a condition of
receiving a grant under this subsection, the recipient
[State or local educational agency] State, local
educational agency, public water system, tribal
consortium, or qualified nonprofit organization shall
ensure that each local educational agency , public
water system, tribal consortium, or qualified nonprofit
organization to which grant funds are distributed
shall--
(A) expend grant funds in accordance with--
(i) the guidance of the Environmental
Protection Agency entitled ``3Ts for
Reducing Lead in Drinking Water in
Schools: Revised Technical Guidance''
and dated October 2006 (or any
successor guidance); or
(ii) applicable State or tribal
regulations or guidance regarding
reducing lead in drinking water in
schools and child care programs that
are not less stringent than the
guidance referred to in clause (i); and
(B)(i) make available, if applicable, in the
administrative offices and, to the extent
practicable, on the Internet website of the
applicable local educational agency for
inspection by the public (including teachers,
other school personnel, and parents) a copy of
the results of any voluntary testing for lead
contamination in school and child care program
drinking water carried out using grant funds
under this subsection; and
(ii) notify parent, teacher, and employee
organizations of the availability of the
results described in clause (i).
(7) Maintenance of effort.--If resources are
available to a [State or local educational agency]
State, local educational agency, public water system,
tribal consortium, or qualified nonprofit organization
from any other Federal agency, a State, or a private
foundation for testing for lead contamination in
drinking water, the State or local educational agency
shall demonstrate that the funds provided under this
subsection will not displace those resources.
[(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $20,000,000 for each of fiscal years 2017
through 2019, and $25,000,000 for each of fiscal years
2020 and 2021.]
(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection--
(A) $30,000,000 for each of fiscal years 2022
through 2024;
(B) $40,000,000 for fiscal year 2025; and
(C) $50,000,000 for fiscal year 2026.
* * * * * * *
America's Water Infrastructure Act of 2018
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) [33 U.S.C. 2201 note] Short Title.--This Act may be cited
as ``America's Water Infrastructure Act of 2018''.
(b) Table of Contents.-- * * *
* * * * * * *
TITLE II--DRINKING WATER SYSTEM IMPROVEMENT
SEC. 2001. [42 U.S.C. 300J-3C NOTE] INDIAN RESERVATION DRINKING WATER
PROGRAM.
(a) In General.--[Subject to the availability of
appropriations, the Administrator of the Environmental
Protection Agency] The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') shall carry out a program[to implement--to
implement eligible projects described in subsection (b).
[(1) 10 eligible projects described in subsection (b)
that are within the Upper Missouri River Basin; and
[(2) 10 eligible projects described in subsection (b)
that are within the Upper Rio Grande Basin.]
* * * * * * *
[(c) Requirement.--In carrying out the program under
subsection (a)(1), the Administrator of the Environmental
Protection Agency shall select not less than one eligible
project for a reservation that serves more than one federally
recognized Indian Tribe.]
(c) Required Projects.--
(1) In general.--If sufficient projects exist, of the
funds made available to carry out this section, the
Administrator shall use 50 percent to carry out--
(A) 10 eligible projects described in
subsection (b) that are within the Upper
Missouri River Basin;
(B) 10 eligible projects described in
subsection (b) that are within the Upper Rio
Grande Basin;
(C) 10 eligible projects described in
subsection (b) that are within the Columbia
River Basin;
(D) 10 eligible projects described in
subsection (b) that are within the Lower
Colorado River Basin; and
(E) 10 eligible projects described in
subsection (b) that are within the Arkansas-
White-Red River Basin.
(2) Requirement.--In carrying out paragraph (1)(A),
the Administrator shall select not fewer than 2
eligible projects for a reservation that serves more
than 1 federally recognized Indian Tribe.
(d) Federal Share.--The Federal share of the cost of a
project carried out under this section shall be 100 percent.
(e) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program
established under subsection (a), which shall include a
description of the use and deployment of amounts made available
under that program.
[(d)] (f) Authorization of Appropriations.--[There is] There
are authorized to be appropriated to carry out the program
under [subsection (a) $20,000,000] subsection (a)--
(1) $20,000,000 for each of fiscal years 2019 through
[2022] 2021; and
(2) $50,000,000 for each of fiscal years 2022 through
2026.
* * * * * * *
TITLE IV--OTHER MATTERS
Subtitle A--Clean Water
SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.
(a) In General.-- * * *
* * * * * * *
SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
(a) Definition of Public Works Department or Agency.--In this
section, the term `public works department or agency' means a
political subdivision of a local, county, or regional
government that designs, builds, operates, and maintains water
infrastructure, sewage and refuse disposal systems, and other
public water systems and facilities.
[(a)] (b)] Sense of Congress.--It is the sense of Congress
that--
(1) * * *
* * * * * * *
(3) to further the goal of ensuring a strong pipeline
of skilled and diverse workers in the water and
wastewater utilities sector, Congress urges--
(A) increased collaboration among Federal,
State, Tribal, and local governments; and
(B) institutions of higher education,
apprentice programs, high schools, and other
[community-based organizations to align
workforce training programs and community
resources with water and wastewater utilities
to accelerate career pipelines and provide
access to workforce opportunities.] community-
based organizations and public works
departments or agencies to align water and
wastewater utility workforce recruitment
efforts, training programs, retention efforts,
and community resources with water and
wastewater utilities--
(i) to accelerate career pipelines;
(ii) to ensure the sustainability of
the water and wastewater utility
workforce; and
(iii) to provide access to workforce
opportunities.
[(b)] (c) Innovative Water Infrastructure Workforce
Development Program.--
(1) Grants authorized.--The Administrator of the
Environmental Protection Agency (referred to in this
section as the ``Administrator''), in consultation with
the Secretary of Agriculture, shall establish a
competitive grant [program--
[(A) to assist] program to assist the
development and utilization of innovative
activities relating to workforce development
and career opportunities in the water utility
sector[; and] , which may include--
(A) expanding the use and availability of
activities and resources that relate to the
recruitment, including the promotion of
diversity within that recruitment, of
individuals to careers in the water and
wastewater utility sector;
(B) expanding the availability of training
opportunities for--
(i) individuals entering into the
water and wastewater utility sector;
and
(ii) individuals seeking to advance
careers within the water and wastewater
utility sector; and
(C) expanding the use and availability of
activities and strategies, including the
development of innovative activities and
strategies, that relate to the maintenance and
retention of a sustainable workforce in the
water and wastewater utility sector.
[(B) to expand public awareness about water
utilities and connect individuals to careers in
the water utility sector.]
(2) Selection of grant recipients.--In awarding
grants under paragraph (1), the Administrator shall, to
the extent practicable, select nonprofit professional
or service organizations, labor organizations,
community colleges, institutions of higher education,
or other training and educational [institutions--]
institutions, or public works departments and
agencies--
(A) that have qualifications and experience--
(i) in the development of educational
or recruitment materials and
activities, including those materials
and activities that specifically
promote diversity within recruitment,
for the water and wastewater utility
workforce;
[(i)] (ii) in the development of
training programs and curricula
relevant to workforce needs of water
utilities; or
[(ii) working in cooperation with
water utilities; or
[(iii) developing public education
materials appropriate for communicating
with groups of different ages and
educational backgrounds; and]
(iii) developing activities and
strategies that relate to the
maintenance and retention of a
sustainable workforce in the water and
wastewater utility sector; and
* * * * * * *
(3) Use of funds.--Grants awarded under paragraph (1)
may be used for activities such as--
(A) targeted internship, apprenticeship, pre-
apprenticeship, and post-secondary bridge
programs for skilled water utility trades that
provide--
(i) * * *
* * * * * * *
(D) integrated learning laboratories in
secondary educational institutions that provide
students with--
(i) hands-on, contextualized learning
opportunities;
(ii) dual enrollment credit for post-
secondary education and training or
certification programs; and
(E) leadership development, occupational
training, mentoring, or cross-training programs
that [ensure that incumbent water and waste
water utilities workers] are designed to retain
incumbent water and wastewater utility
workforce workers by ensuring that those
workers are prepared for higher level
supervisory or management-level positions.
[(4) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $1,000,000 for each of fiscal years 2019 and
2020.]
(4) Working group; report.--
(A) In general.--The Administrator shall
establish and coordinate a Federal interagency
working group to address recruitment, training,
and retention challenges in the water and
wastewater utility workforce, which shall
include representatives from--
(i) the Department of Education;
(ii) the Department of Labor;
(iii) the Department of Agriculture;
(iv) the Department of Veterans
Affairs; and
(v) other Federal agencies, as
determined to be appropriate by the
Administrator.
(B) Report.--Not later than 2 years after the
date of enactment of the Drinking Water and
Wastewater Infrastructure Act of 2021, the
Administrator, in coordination with the working
group established under subparagraph (A), shall
submit to Congress a report describing
potential solutions to recruitment, training,
and retention challenges in the water and
wastewater utility workforce.
(C) Consultation.--In carrying out the duties
of the working group established under
subparagraph (A), the working group shall
consult with State operator certification
programs.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 for each of fiscal years 2022
through 2026.
* * * * * * *
Federal Water Pollution Control Act
* * * * * * *
TITLE I--RESEARCH AND RELATED PROGRAMS
declaration of goals and policy
Sec. 101. (a) * * *
* * * * * * *
research, investigations, training, and information
Sec. 104. (a) The Administrator shall establish national
programs for the prevention, reduction, and elimination of
pollution and as part of such programs shall--
(1) * * *
* * * * * * *
(u) There is authorized to be appropriated (1) not to exceed
$100,000,000 per fiscal year for the fiscal year ending June
30, 1973, the fiscal year ending June 30, 1974, and the fiscal
year ending June 30, 1975, not to exceed $14,039,000 for the
fiscal year ending September 30, 1980, not to exceed
$20,697,000 for the fiscal year ending September 30, 1981, not
to exceed $22,770,000 for the fiscal year ending September 30,
1982, such sums as may be necessary for fiscal years 1983
through 1985, and not to exceed $22,770,000 per fiscal year for
each of the fiscal years 1986 through 1990, for carrying out
the provisions of this section, other than subsections (g)(1)
and (2), (p), (r), and (t), except that such authorizations are
not for any research, development, or demonstration activity
pursuant to such provisions; (2) not to exceed $7,500,000 for
fiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year
1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal
year 1979, $3,000,000 for fiscal year 1980, $3,000,000 for
fiscal year 1981, $3,000,000 for fiscal year 1982, such sums as
may be necessary for fiscal years 1983 through 1985, and
$3,000,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of subsection
(g)(1); (3) not to exceed $2,500,000 for fiscal years 1973,
1974, and 1975, $1,000,000 for fiscal year 1977, $1,500,000 for
fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000
for fiscal year 1980, $1,500,000 for fiscal year 1981,
$1,500,000 for fiscal year 1982, such sums as may be necessary
for fiscal years 1983 through 1985, and $1,500,000 per fiscal
year for each of the fiscal years 1986 through 1990, for
carrying out the provisions of subsection (g)(2); (4) not to
exceed $10,000,000 for each of the fiscal years ending June 30,
1973, June 30, 1974, and June 30, 1975, for carrying out the
provisions of subsection (p); (5) not to exceed $15,000,000 per
fiscal year for the fiscal years ending June 30, 1973, June 30,
1974, and June 30, 1975, for carrying out the provisions of
subsection (r); (6) not to exceed $10,000,000 per fiscal year
for the fiscal years ending June 30, 1973, June 30, 1974, and
June 30, 1975, for carrying out the provisions of subsection
(t); [and (7)] (7) not to exceed $25,000,000 for each of fiscal
years 2019 through [2023] 2021 for carrying out subsections
(b)(3), (b)(8), and (g)[.] ; and (8) not to exceed $75,000,000
for each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), of which not less than
$50,000,000 each fiscal year shall be used to carry out
subsection (b)(8).
* * * * * * *
(w) Nonprofit Organization.--For purposes of subsection
(b)(8), the term ``nonprofit organization'' means a nonprofit
organization that the Administrator determines, after
consultation with the States regarding what small publicly
owned [treatments works] treatment works in the State find to
be most beneficial and effective, is qualified and experienced
in providing on-site training and technical assistance to small
publicly owned treatment works.
* * * * * * *
TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
purpose
Sec. 201. (a) * * *
* * * * * * *
SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Policy.-- * * *
* * * * * * *
[(i)] (b) Definitions.--In this section[, the following
definitions apply]:
(1) Alternative water source project.--The term
``alternative water source project'' means a project
designed to provide municipal, industrial, and
agricultural water supplies in an environmentally
sustainable manner by conserving, managing, reclaiming,
or reusing [water or wastewater or by treating
wastewater] water, wastewater, or stormwater or by
treating wastewater or stormwater. Such term does not
include water treatment or distribution facilities.
(2) Critical water supply needs.--The term ``critical
water supply needs'' means existing or reasonably
anticipated future water supply needs that cannot be
met by existing water supplies, as identified in a
comprehensive statewide or regional water supply plan
or assessment projected over a planning period of at
least 20 years.
[(b)] (c) [In General]Establishment.--The Administrator may
establish a pilot program to make grants to State, interstate,
and intrastate water resource development agencies (including
water management districts and water supply authorities), local
government agencies, private utilities, and nonprofit entities
for alternative water source projects to meet critical water
supply needs.
[(c)] (d) Eligible Entity.--The Administrator may make grants
under this section to an entity only if the entity has
authority under State law to develop or provide water for
municipal, industrial, and agricultural uses in an area of the
State that is experiencing critical water supply needs.
[(d)] (e) Selection of Projects.--
(1) Limitation.--A project that has received funds
under the reclamation and reuse program conducted under
the Reclamation Projects Authorization and Adjustment
Act of 1992 (43 U.S.C. 390h et seq.) shall not be
eligible for grant assistance under this section.
[(2) Additional consideration.--In making grants
under this section, the Administrator shall consider
whether the project is located within the boundaries of
a State or area referred to in section 1 of the
Reclamation Act of June 17, 1902 (32 Stat. 385), and
within the geographic scope of the reclamation and
reuse program conducted under the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C.
390h et seq.).]
[(3)] (2) Geographical distribution.--Alternative
water source projects selected by the Administrator
under this section shall reflect a variety of
geographical and environmental conditions.
[(e) Committee Resolution Procedure.--
[(1) In general.--No appropriation shall be made for
any alternative water source project under this
section, the total Federal cost of which exceeds
$3,000,000, if such project has not been approved by a
resolution adopted by the Committee on Transportation
and Infrastructure of the House of Representatives or
the Committee on Environment and Public Works of the
Senate.
[(2) Requirements for securing consideration.--For
purposes of securing consideration of approval under
paragraph (1), the Administrator shall provide to a
committee referred to in paragraph (1) such information
as the committee requests and the non-Federal sponsor
shall provide to the committee information on the costs
and relative needs for the alternative water source
project.]
* * * * * * *
[(j)] (i) Authorization of Appropriations.--[There is]
(1) In general--There is authorized to be
appropriated to carry out this section [a total of
$75,000,000 for fiscal years 2002 through 2004. Such
sums shall] $25,000,000 for each of fiscal years 2022
through 2026, to remain available until expended.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs
of the Administrator.
* * * * * * *
SEC. 221. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
(a) In General.--
(1) Grants to states.--The Administrator may make
grants to States for the purpose of providing grants to
a municipality or municipal entity for planning,
design, and construction of--
(A) treatment works to intercept, transport,
control, treat, or reuse municipal combined
sewer overflows, sanitary sewer overflows, or
stormwater; [and]
(B) notification systems to inform the public
of combined sewer or sanitary overflows that
result in sewage being released into rivers and
other waters; and
[(B)] (C) any other measures to manage,
reduce, treat, or recapture stormwater or
subsurface drainage water eligible for
assistance under section 603(c).
(2) Direct municipal grants.--Subject to subsection
(g), the Administrator may make a direct grant to a
municipality or municipal entity for the purposes
described in paragraph (1).
* * * * * * *
(d) Cost-Sharing.--[The Federal]
(1) In general.--Subject to paragraph (2), the
Federal share of the cost of activities carried out
using amounts from a grant made under subsection (a)
shall be not less than 55 percent of the cost. [The
non-Federal share of the cost]
(2) Federal share for rural or financially distressed
communities.--
(A) In general.--Subject to subparagraph (B),
the Federal share of the cost of an activity
carried out using amounts from a grant under
subsection (a) in a rural community or a
financially distressed community (as those
terms are defined in subsection (f)(2)(B)(i))
shall be 90 percent.
(B) Waiver.--The Administrator may increase
the Federal share under subparagraph (A) to 100
percent.
(3) Types of non-federal share.--The applicable non-
Federal share of the cost under this subsection may
include, in any amount, public and private funds and
in-kind services, and may include, notwithstanding
section 603(h), financial assistance, including loans,
from a State water pollution control revolving fund.
* * * * * * *
(f) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated to carry out this section $225,000,000 for
each of fiscal years 2019 through 2020.]
(1) In general.--There is authorized to be
appropriated to carry out this section $280,000,000 for
each of fiscal years 2022 through 2026.
(2) Minimum allocations.--[To the extent]
(A) Green projects--To the extent there are
sufficient eligible project applications, the
Administrator shall ensure that a State uses
not less than 20 percent of the amount of the
grants made to the State under subsection (a)
in a fiscal year to carry out projects to
intercept, transport, control, treat, or reuse
municipal combined sewer overflows, sanitary
sewer overflows, or stormwater through the use
of green infrastructure, water and energy
efficiency improvements, and other
environmentally innovative activities.
(B) Rural or financially distressed community
allocation.--
(i) Definitions.--In this
subparagraph:
(I) Financially distressed
community.--The term
`financially distressed
community' has the meaning
given the term in subsection
(c)(1).
(II) Rural community.--The
term `rural community' means a
city, town, or unincorporated
area that has a population of
not more than 10,000
inhabitants.
(ii) Allocation.--
(I) In general.--To the
extent there are sufficient
eligible project applications,
the Administrator shall ensure
that a State uses not less than
25 percent of the amount of the
grants made to the State under
subsection (a) in a fiscal year
to carry out projects in rural
communities or financially
distressed communities for the
purpose of planning, design,
and construction of--
(aa) treatment works
to intercept,
transport, control,
treat, or reuse
municipal sewer
overflows, sanitary
sewer overflows, or
stormwater; or
(bb) any other
measures to manage,
reduce, treat, or
recapture stormwater or
subsurface drainage
water eligible for
assistance under
section 603(c).
(II) Rural communities.--Of
the funds allocated under
subclause (I) for the purposes
described in that subclause, to
the extent there are sufficient
eligible project applications,
the Administrator shall ensure
that a State uses not less than
60 percent to carry out
projects in rural communities.
* * * * * * *
(i) Reports.--[Not later]
(1) Recommended funding levels.--
(A) In general.--Not later than December 31,
2003, and periodically thereafter, the
Administrator shall transmit to Congress a
report containing recommended funding levels
for grants under this section. [The recommended
funding levels]
(B) Requirement.--The funding levels
recommended under subparagraph (A); shall be
sufficient to ensure the continued expeditious
implementation of municipal combined sewer
overflow and sanitary sewer overflow controls
nationwide.
(2) Use of funds.--Not later than 2 years after the
date of enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
that describes the implementation of the grant program
under this section, which shall include a description
of the grant recipients and grant amounts made
available under the program.
SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means--
(A) a municipality; or
(B) an intermunicipal, interstate, or State
agency.
(2) Natural hazard.--The term `natural hazard' means
a hazard caused by natural forces, including extreme
weather events, sea-level rise, and extreme drought
conditions.
(3) Program.--The term `program' means the clean
water infrastructure resilience and sustainability
program established under subsection (b).
(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a clean water
infrastructure resilience and sustainability program under
which the Administrator shall award grants to eligible entities
for the purpose of increasing the resilience of publicly owned
treatment works to a natural hazard or cybersecurity
vulnerabilities.
(c) Use of Funds.--An eligible entity that receives a grant
under the program shall use the grant funds for planning,
designing, or constructing projects (on a system-wide or area-
wide basis) that increase the resilience of a publicly owned
treatment works to a natural hazard or cybersecurity
vulnerabilities through--
(1) the conservation of water;
(2) the enhancement of water use efficiency;
(3) the enhancement of wastewater and stormwater
management by increasing watershed preservation and
protection, including through the use of--
(A) natural and engineered green
infrastructure; and
(B) reclamation and reuse of wastewater and
stormwater, such as aquifer recharge zones;
(4) the modification or relocation of an existing
publicly owned treatment works, conveyance, or
discharge system component that is at risk of being
significantly impaired or damaged by a natural hazard;
(5) the development and implementation of projects to
increase the resilience of publicly owned treatment
works to a natural hazard or cybersecurity
vulnerabilities, as applicable; or
(6) the enhancement of energy efficiency or the use
and generation of recovered or renewable energy in the
management, treatment, or conveyance of wastewater or
stormwater.
(d) Application.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Administrator
an application at such time, in such manner, and containing
such information as the Administrator may require, including--
(1) a proposal of the project to be planned,
designed, or constructed using funds under the program;
(2) an identification of the natural hazard risk of
the area where the proposed project is to be located or
potential cybersecurity vulnerability, as applicable,
to be addressed by the proposed project;
(3) documentation prepared by a Federal, State,
regional, or local government agency of the natural
hazard risk of the area where the proposed project is
to be located or potential cybersecurity vulnerability,
as applicable, of the area where the proposed project
is to be located;
(4) a description of any recent natural hazard risk
of the area where the proposed project is to be located
or potential cybersecurity vulnerabilities that have
affected the publicly owned treatment works;
(5) a description of how the proposed project would
improve the performance of the publicly owned treatment
works under an anticipated natural hazard or natural
hazard risk of the area where the proposed project is
to be located or a potential cybersecurity
vulnerability, as applicable; and
(6) an explanation of how the proposed project is
expected to enhance the resilience of the publicly
owned treatment works to a natural hazard risk of the
area where the proposed project is to be located or a
potential cybersecurity vulnerability, as applicable.
(e) Grant Amount and Other Federal Requirements.--
(1) Cost share.--Except as provided in paragraph (2),
a grant under the program shall not exceed 75 percent
of the total cost of the proposed project.
(2) Exception.--
(A) In general.--Except as provided in
subparagraph (B), a grant under the program
shall not exceed 90 percent of the total cost
of the proposed project if the project serves a
community that--
(i) has a population of fewer than
10,000 individuals; or
(ii) meets the affordability criteria
established by the State in which the
community is located under section
603(i)(2).
(B) Waiver.--At the discretion of the
Administrator, a grant for a project described
in subparagraph (A) may cover 100 percent of
the total cost of the proposed project.
(3) Requirements.--The requirements of section 608
shall apply to a project funded with a grant under the
program.
(f) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program, which
shall include an accounting of all grants awarded under the
program, including a description of each grant recipient and
each project funded using a grant under the program.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $25,000,000 for
each of fiscal years 2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs
of the Administrator.
SEC. 223. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT RIDER
PROGRAM.
(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this section, the Administrator shall establish a
circuit rider program (referred to in this section as the
`circuit rider program') under which the Administrator shall
award grants to qualified nonprofit entities, as determined by
the Administrator, to provide assistance to owners and
operators of small and medium publicly owned treatment works to
carry out the activities described in section 602(b)(13).
(b) Limitation.--A grant provided under the circuit rider
program shall be in an amount that is not more than $75,000.
(c) Communication.--Each qualified nonprofit entity that
receives funding under this section shall, before using that
funding to undertake activities to carry out this section,
consult with the State in which the assistance is to be
expended or otherwise made available.
(d) Report.--Not later than 2 years after the date on which
the Administrator establishes the circuit rider program, and
every 2 years thereafter, the Administrator shall submit to
Congress a report describing--
(1) each recipient of a grant under the circuit rider
program; and
(2) a summary of the activities carried out under the
circuit rider program.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $10,000,000 for
the period of fiscal years 2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs
of the Administrator.
SEC. 224. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
PROGRAM.
(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this section, the Administrator shall establish an
efficiency grant program (referred to in this section as the
`efficiency grant program') under which the Administrator shall
award grants to eligible entities for the replacement or repair
of equipment that improves water or energy efficiency of small
publicly owned treatment works, as identified in an efficiency
audit.
(b) Eligible Entities.--The Administrator may award a grant
under the efficiency grant program to--
(1) an owner or operator of a small publicly owned
treatment works that serves--
(A) a population of not more than 10,000
people; or
(B) a disadvantaged community; or
(2) a nonprofit organization that seeks to assist a
small publicly owned treatment works described in
paragraph (1) to carry out the activities described in
subsection (a).
(c) Report.--Not later than 2 years after the date on which
the Administrator establishes the efficiency grant program, and
every 2 years thereafter, the Administrator shall submit to
Congress a report describing--
(1) each recipient of a grant under the efficiency
grant program; and
(2) a summary of the activities carried out under the
efficiency grant program.
(d) Use of Funds.--
(1) Small systems.--Of the amounts made available for
grants under this section, to the extent that there are
sufficient applications, not less than 15 percent shall
be used for grants to publicly owned treatment works
that serve fewer than 3,300 people.
(2) Limitation on use of funds.--Of the amounts made
available for grants under this section, not more than
2 percent may be used to pay the administrative costs
of the Administrator.
SEC. 225. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR
INDIVIDUALS WITH LOW OR MODERATE INCOME.
(a) Definition of Eligible Individual.--In this section, the
term `eligible individual' means a member of a low-income or
moderate-income household, the members of which have a combined
income (for the most recent 12-month period for which
information is available) equal to not more than 50 percent of
the median nonmetropolitan household income for the State or
territory in which the household is located, according to the
most recent decennial census.
(b) Grant Program.--
(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a
program under which the Administrator shall provide
grants to private nonprofit organizations for the
purpose of improving general welfare by providing
assistance to eligible individuals--
(A) for the construction, repair, or
replacement of an individual household
decentralized wastewater treatment system; or
(B) for the installation of a larger
decentralized wastewater system designed to
provide treatment for 2 or more households in
which eligible individuals reside, if--
(i) site conditions at the households
are unsuitable for the installation of
an individually owned decentralized
wastewater system;
(ii) multiple examples of unsuitable
site conditions exist in close
geographic proximity to each other; and
(iii) a larger decentralized
wastewater system could be cost-
effectively installed.
(2) Application.--To be eligible to receive a grant
under this subsection, a private nonprofit organization
shall submit to the Administrator an application at
such time, in such manner, and containing such
information as the Administrator determines to be
appropriate.
(3) Priority.--In awarding grants under this
subsection, the Administrator shall give priority to
applicants that have substantial expertise and
experience in promoting the safe and effective use of
individual household decentralized wastewater systems.
(4) Administrative expenses.--A private nonprofit
organization may use amounts provided under this
subsection to pay the administrative expenses
associated with the provision of the services described
in paragraph (1), as the Administrator determines to be
appropriate.
(c) Grants.--
(1) In general.--Subject to paragraph (2), a private
nonprofit organization shall use a grant provided under
subsection (b) for the services described in paragraph
(1) of that subsection.
(2) Application.--To be eligible to receive the
services described in subsection (b)(1), an eligible
individual shall submit to the private nonprofit
organization serving the area in which the individual
household decentralized wastewater system of the
eligible individuals is, or is proposed to be, located
an application at such time, in such manner, and
containing such information as the private nonprofit
organization determines to be appropriate.
(3) Priority.--In awarding grants under this
subsection, a private nonprofit organization shall give
priority to any eligible individual who does not have
access to a sanitary sewage disposal system.
(d) Report.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report describing the recipients of grants
under the program under this section and the results of the
program under this section.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator to carry out this
section $50,000,000 for each of fiscal years 2022
through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than
2 percent may be used to pay the administrative costs
of the Administrator.
SEC. 226. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term `eligible entity'
means--
(A) an owner or operator of a publicly owned
treatment works that assists or is seeking to
assist low-income or moderate-income
individuals with connecting the household of
the individual to the publicly owned treatment
works; or
(B) a nonprofit entity that assists low-
income or moderate-income individuals with the
costs associated with connecting the household
of the individual to a publicly owned treatment
works.
(2) Program.--The term `program' means the
competitive grant program established under subsection
(b).
(3) Qualified individual.--The term `qualified
individual' has the meaning given the term `eligible
individual' in section 603(j).
(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a competitive
grant program with the purpose of improving general welfare,
under which the Administrator awards grants to eligible
entities to provide funds to assist qualified individuals in
covering the costs incurred by the qualified individual in
connecting the household of the qualified individual to a
publicly owned treatment works.
(c) Application.--
(1) In general.--An eligible entity seeking a grant
under the program shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may by
regulation require.
(2) Requirement.--Not later than 90 days after the
date on which the Administrator receives an application
from an eligible entity under paragraph (1), the
Administrator shall notify the eligible entity of
whether the Administrator will award a grant to the
eligible entity under the program.
(d) Selection Criteria.--In selecting recipients of grants
under the program, the Administrator shall use the following
criteria:
(1) Whether the eligible entity seeking a grant
provides services to, or works directly with, qualified
individuals.
(2) Whether the eligible entity seeking a grant--
(A) has an existing program to assist in
covering the costs incurred in connecting a
household to a publicly owned treatment works;
or
(B) seeks to create a program described in
subparagraph (A).
(e) Requirements.--
(1) Voluntary connection.--Before providing funds to
a qualified individual for the costs described in
subsection (b), an eligible entity shall ensure that--
(A) the qualified individual has connected to
the publicly owned treatment works voluntarily;
and
(B) if the eligible entity is not the owner
or operator of the publicly owned treatment
works to which the qualified individual has
connected, the publicly owned treatment works
to which the qualified individual has connected
has agreed to the connection.
(2) Reimbursements from publicly owned treatment
works.--An eligible entity that is an owner or operator
of a publicly owned treatment works may reimburse a
qualified individual that has already incurred the
costs described in subsection (b) by--
(A) reducing the amount otherwise owed by the
qualified individual to the owner or operator
for wastewater or other services provided by
the owner or operator; or
(B) providing a direct payment to the
qualified individual.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out the program $40,000,000 for
each of fiscal years 2022 through 2026.
(2) Limitations on use of funds.--
(A) Small systems.--Of the amounts made
available for grants under paragraph (1), to
the extent that there are sufficient
applications, not less than 15 percent shall be
used to make grants to--
(i) eligible entities described in
subsection (a)(1)(A) that are owners
and operators of publicly owned
treatment works that serve fewer than
3,300 people; and
(ii) eligible entities described in
subsection (a)(1)(B) that provide the
assistance described in that subsection
in areas that are served by publicly
owned treatment works that serve fewer
than 3,300 people.
(B) Administrative costs.--Of the amounts
made available for grants under paragraph (1),
not more than 2 percent may be used to pay the
administrative costs of the Administrator.
* * * * * * *
TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.
(a) General Authority.-- * * *
* * * * * * *
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Requirements for Obligation of Grant Funds.-- * * *
* * * * * * *
(d) Types of Assistance.--Except as otherwise limited by
State law and provided in subsection (k), a water pollution
control revolving fund of a State under this section may be
used only-- * * *
* * * * * * *
(i) Additional Subsidization.--
(1) In general.--In any case in which a State
provides assistance to an eligible recipient under
subsection (d), the State may provide additional
subsidization[, including forgiveness of principal and
negative interest loans] (including forgiveness of
principal, grants, negative interest loans, other loan
forgiveness, and through buying, refinancing, or
restructuring debt)--
* * * * * * *
(3) Limitations.--
(A) In general.--A State may provide
additional subsidization in a fiscal year under
this subsection only if the total amount
appropriated for making capitalization grants
to all States under this title for the fiscal
year exceeds $1,000,000,000.
[(B) Additional limitation.--
[(i) General rule.--Subject to clause
(ii), a State may use not more than 30
percent of the total amount received by
the State in capitalization grants
under this title for a fiscal year for
providing additional subsidization
under this subsection.
[(ii) Exception.--If, in a fiscal
year, the amount appropriated for
making capitalization grants to all
States under this title exceeds
$1,000,000,000 by a percentage that is
less than 30 percent, clause (i) shall
be applied by substituting that
percentage for 30 percent.]
(B) Total amount of subsidization.--For each
fiscal year, of the amount of the
capitalization grant received by the State
under this title, the total amount of
additional subsidization made available by a
State under paragraph (1)--
(i) may not exceed 30 percent; and
(ii) to the extent that there are
sufficient applications for assistance
to communities described in that
paragraph, may not be less than 10
percent.
* * * * * * *
(j) Definition of Eligible Individual.-- * * *
* * * * * * *
(k) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually allotted to each State under this
section for nonprofit organizations (as defined in section
104(w)) to provide technical assistance to rural, small, and
tribal publicly owned treatment works (within the meaning of
section 104(b)(8)(B)) in the State.
* * * * * * *
[SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
[There is authorized to be appropriated to carry out the
purposes of this title the following sums:
[(1) $1,200,000,000 per fiscal year for each of
fiscal year 1989 and 1990;
[(2) $2,400,000,000 for fiscal year 1991;
[(3) $1,800,000,000 for fiscal year 1992;
[(4) $1,200,000,000 for fiscal year 1993; and
[(5) $600,000,000 for fiscal year 1994.]
SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
purposes of this title--
(1) $2,400,000,000 for fiscal year 2022;
(2) $2,750,000,000 for fiscal year 2023;
(3) $3,000,000,000 for fiscal year 2024; and
(4) $3,250,000,000 for each of fiscal years 2025 and
2026.
* * * * * * *
SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
(a) Requirement.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, and not less frequently than once every 4 years
thereafter, the Administrator shall--
(1) conduct and complete an assessment of capital
improvement needs for all projects that are eligible
under section 603(c) for assistance from State water
pollution control revolving funds; and
(2) submit to Congress a report describing the
results of the assessment completed under paragraph
(1).
(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out the initial needs survey under
subsection (a) $5,000,000, to remain available until expended.
* * * * * * *
SAFE DRINKING WATER ACT AMENDMENTS OF 1996
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.-- * * *
* * * * * * *
SEC. 303. [33 U.S.C. 1263A] GRANTS TO ALASKA TO IMPROVE SANITATION IN
RURAL AND NATIVE VILLAGES.
(a) In General.-- * * *
* * * * * * *
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out [this section $40,000,000 for each
of fiscal years 2001 through 2005.] this section--
(1) $40,000,000 for each of fiscal years 2022 through
2024;
(2) $50,000,000 for fiscal year 2025; and
(3) $60,000,000 for fiscal year 2026.
* * * * * * *
Water Resources Reform and Development Act of 2014
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) [33 U.S.C. 2201 note] Short Title.--This Act may be cited
as the ``Water Resources Reform and Development Act of 2014''.
* * * * * * *
SEC. 5023. [33 U.S.C. 3902] AUTHORITY TO PROVIDE ASSISTANCE.
(a) In General.--The Secretary and the Administrator may
provide financial assistance under this subtitle to carry out
projects, which shall be selected to ensure a diversity of
project types and geographical locations.
(b) Responsibility.-- * * *
* * * * * * *
(c) Budgetary Treatment.--If the recipient of financial
assistance under this subtitle is an eligible entity other than
a Federal entity, agency, or instrumentality and the dedicated
sources of repayment of that financial assistance are non-
Federal revenue sources, the project or asset for which
financial assistance is being provided shall, for purposes of
budgetary treatment under the Federal Credit Reform Act of 1990
(2 U.S.C. 661 et seq.)--
(1) be deemed to be non-Federal; and
(2) be treated as a direct loan or loan guarantee.
* * * * * * *
SEC. 5028. [33 U.S.C. 3907] DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.
(a) Eligibility Requirements.--To be eligible to receive
financial assistance under this subtitle, a project shall meet
the following criteria, as determined by the Secretary or
Administrator, as applicable:
(1) Creditworthiness.--
(A) In general.-- * * *
* * * * * * *
(D) Rating opinion letters.--
(i) Preliminary rating opinion
letter.-- * * *
* * * * * * *
(ii) Final rating opinion letters.--
The Secretary or the Administrator, as
applicable, shall require each project
applicant to provide, prior to final
acceptance and financing of the
project, [final rating opinion letters
from at least 2 rating agencies] a
final rating opinion letter from at
least 1 rating agency. indicating that
the senior obligations of the project
have an investment-grade rating.
* * * * * * *
SEC. 5033. [33 U.S.C. 3912] FUNDING.
(a) In General.--
(1) Fiscal years 2015 through 2019.-- * * *
* * * * * * *
(3) Fiscal years 2022 through 2026.--There is
authorized to be appropriated to the Administrator to
carry out this subtitle $50,000,000 for each of fiscal
years 2022 through 2026, to remain available until
expended.
(b) Administrative Costs.--
(1) Fiscal years 2015 through 2019.--Of the funds
made available to carry out this subtitle, the
Secretary or the Administrator, as applicable, may use
for the administration of this subtitle, including for
the provision of technical assistance to aid project
sponsors in obtaining the necessary approvals for the
project, not more than $2,200,000 for each of fiscal
years 2015 through 2019.
(2) Fiscal years ]2020 and 2021] after 2019.--Of the
funds made available to carry out this subtitle, the
Administrator may use for the administration of this
subtitle, including for the provision of technical
assistance to aid project sponsors in obtaining the
necessary approvals for the project, not more than
$5,000,000 for each of fiscal years [2020 and 2021]
2022 through 2026.
* * * * * * *
(e) Assistance for State Infrastructure Financing
Authorities.--
(1) In general.--With respect to fiscal years [2020
and 2021] 2022 through 2026, if the Administrator has
available for obligation in a fiscal year at least
$50,000,000, there is authorized to be appropriated to
the Administrator $5,000,000 for that fiscal year to
provide financial assistance for projects described in
section 5026(9) to State infrastructure financing
authorities.
* * * * * * *
[all]