[House Report 117-69]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-69
======================================================================
WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2021
_______
June 22, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1915]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1915) to amend the Federal Water
Pollution Control Act to reauthorize certain water pollution
control programs, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 11
Background and Need for Legislation.............................. 12
Hearings......................................................... 21
Legislative History and Consideration............................ 21
Committee Votes.................................................. 22
Committee Oversight Findings..................................... 24
New Budget Authority and Tax Expenditures........................ 25
Congressional Budget Office Cost Estimate........................ 25
Performance Goals and Objectives................................. 25
Duplication of Federal Programs.................................. 25
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 25
Federal Mandates Statement....................................... 26
Preemption Clarification......................................... 26
Advisory Committee Statement..................................... 26
Applicability to Legislative Branch.............................. 26
Section-by-Section Analysis of the Legislation................... 26
Changes in Existing Law Made by the Bill, as Reported............ 31
Minority Views................................................... 69
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Quality
Protection and Job Creation Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Wastewater infrastructure workforce investment.
Sec. 3. Technical assistance to rural, small, and Tribal
municipalities.
Sec. 4. State management assistance.
Sec. 5. Watershed, wet weather, and resiliency projects.
Sec. 6. Waiver of matching requirement for grants to District of
Columbia.
Sec. 7. Pilot program for alternative water source projects.
Sec. 8. Sewer overflow and stormwater reuse municipal grants.
Sec. 9. Grants for the treatment of emerging contaminants.
Sec. 10. Household wastewater grant program.
Sec. 11. Smart wastewater infrastructure technology grant program.
Sec. 12. Reports to Congress.
Sec. 13. Indian Tribes.
Sec. 14. Capitalization grants.
Sec. 15. Water pollution control revolving loan funds.
Sec. 16. Allotment of funds.
Sec. 17. Reservation of funds for territories of the United States.
Sec. 18. Authorization of appropriations.
Sec. 19. Technical assistance by Municipal Ombudsman.
Sec. 20. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and Tribal communities.
Sec. 21. Water Reuse Interagency Working Group.
SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.
Section 104(g) of the Federal Water Pollution Control Act (33 U.S.C.
1254(g)) is amended--
(1) in paragraph (1), by striking ``manpower'' each place it
appears and inserting ``workforce''; and
(2) by amending paragraph (4) to read as follows:
``(4) Report to congress on publicly owned treatment works
workforce development.--Not later than 2 years after the date
of enactment of the Water Quality Protection and Job Creation
Act of 2021, the Administrator, in consultation with the
Secretary of Labor, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
``(A) an assessment of the current and future
workforce needs for publicly owned treatment works,
including an estimate of the number of future positions
needed for such treatment works and the technical
skills and education needed for such positions;
``(B) a summary of actions taken by the
Administrator, including Federal investments under this
chapter, that promote workforce development to address
such needs; and
``(C) any recommendations of the Administrator to
address such needs.''.
SEC. 3. TECHNICAL ASSISTANCE TO RURAL, SMALL, AND TRIBAL
MUNICIPALITIES.
(a) Reauthorization.--Section 104(u) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)'';
(2) by striking ``2023'' and inserting ``2021''; and
(3) by inserting ``; and (8) not to exceed $100,000,000 for
each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), except that not less than
half of the amounts so appropriated to carry out such
subsections in each such fiscal year shall be used for carrying
out subsection (b)(8)'' before the period at the end.
(b) Communication.--A nonprofit organization receiving a grant under
section 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8)) shall, prior to carrying out an activity using such grant
funds, consult with the State in which such activity is to be carried
out.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that describes the implementation of
the grants made under subsections (b)(3), (b)(8), and (g) of section
104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) during
the 2 fiscal years preceding the date of the report, including a
description of the recipients and amounts of such grants.
SEC. 4. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal years
1991 through 2021; and
``(4) $500,000,000 for each of fiscal years 2022 through
2026;''.
(b) Technical Amendment.--Section 106(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking
``Beginning in fiscal year 1974 the'' and inserting ``The''.
SEC. 5. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.
(a) Increased Resilience of Treatment Works.--Section 122(a)(6) of
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is
amended to read as follows:
``(6) Increased resilience of treatment works.--Efforts--
``(A) to assess future risks and vulnerabilities of
publicly owned treatment works to manmade or natural
disasters, including extreme weather events, drought,
and sea level rise; and
``(B) to carry out the planning, design, or
construction of projects, on a systemwide or areawide
basis, to increase the resilience of publicly owned
treatment works through--
``(i) the conservation of water or the
enhancement of water use efficiency;
``(ii) the enhancement of wastewater
(including stormwater) management by increasing
watershed preservation and protection,
including through--
``(I) the use of green
infrastructure; or
``(II) the reclamation and reuse of
wastewater (including stormwater), such
as through aquifer recharge zones;
``(iii) the modification or relocation of an
existing publicly owned treatment works at risk
of being significantly impaired or damaged by a
manmade or natural disaster;
``(iv) the enhancement of energy efficiency,
or the use or generation of recovered or
renewable energy, in the management, treatment,
or conveyance of wastewater (including
stormwater); or
``(v) other activities that the Administrator
determines will address identified
vulnerabilities to manmade or natural
disasters, including activities to address
cybersecurity vulnerabilities of publicly owned
treatment works.''.
(b) Requirements; Authorization of Appropriations.--Section 122 of
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by
striking subsection (c) and inserting the following:
``(c) Requirements.--The requirements of section 608 shall apply to
any construction, alteration, maintenance, or repair of treatment works
carried out using a grant under this section.
``(d) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, or for economically disadvantaged communities (as
defined in section 20 of the Water Quality Protection and Job Creation
Act of 2021), to the extent there are sufficient eligible applications.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
(c) Technical and Conforming Amendments.--
(1) Watershed pilot projects.--Section 122 of the Federal
Water Pollution Control Act (33 U.S.C. 1274) is amended--
(A) in the section heading, by striking ``watershed
pilot projects'' and inserting ``watershed, wet
weather, and resiliency projects''; and
(B) by striking ``pilot'' each place it appears.
(2) Water pollution control revolving loan funds.--Section
603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)(7)) is amended by striking ``watershed''.
SEC. 6. WAIVER OF MATCHING REQUIREMENT FOR GRANTS TO DISTRICT OF
COLUMBIA.
Section 202(a) of the Federal Water Pollution Control Act (33 U.S.C.
1282(a)) is amended by adding at the end the following:
``(5) Notwithstanding any other provision of this subsection, in the
case of a project for a treatment works in the District of Columbia,
such a project shall be eligible for grants at 100 percent of the cost
of construction thereof.''.
SEC. 7. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Selection of Projects.--Section 220(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Limitation on eligibility.--A project that has received
construction funds under the Reclamation Projects Authorization
and Adjustment Act of 1992 shall not be eligible for grant
assistance under this section.''; and
(2) by striking paragraph (2) and redesignating paragraph (3)
as paragraph (2).
(b) Committee Resolution Procedure; Assistance.--Section 220 of the
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by
striking subsection (e) and inserting the following:
``(e) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to eligible entities for projects
designed to serve fewer than 10,000 individuals, to the extent there
are sufficient eligible applications.''.
(c) Requirements.--Section 220 of the Federal Water Pollution Control
Act (33 U.S.C. 1300) is amended by redesignating subsections (i) and
(j) as subsections (j) and (k), respectively, and inserting after
subsection (h) the following:
``(i) Requirements.--The requirements of section 608 shall apply to
any construction of an alternative water source project carried out
using assistance made available under this section.''.
(d) Definitions.--Section 220(j)(1) of the Federal Water Pollution
Control Act (as redesignated by subsection (c) of this section) is
amended by striking ``or by treating wastewater'' and inserting
``(including stormwater), or by treating wastewater (including
stormwater) for groundwater recharge, potable reuse, or other
purposes''.
(e) Authorization of Appropriations.--Section 220(k) of the Federal
Water Pollution Control Act (as redesignated by subsection (c) of this
section) is amended by striking ``a total of $75,000,000 for fiscal
years 2002 through 2004'' and inserting ``$200,000,000 for each of
fiscal years 2022 through 2026''.
SEC. 8. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (c), by striking ``subsection (b),'' each
place it appears and inserting ``this section,'';
(2) in subsection (d)--
(A) by striking ``The Federal share'' and inserting
the following:
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph
(B), the Federal share''; and
(B) by striking ``The non-Federal share'' and
inserting the following:
``(B) Financially distressed communities.--The
Federal share of the cost of activities carried out
using amounts from a grant made to a financially
distressed community under subsection (a) shall be not
less than 75 percent of the cost.
``(2) Non-federal share.--The non-Federal share'';
(3) in subsection (e), by striking ``section 513'' and
inserting ``section 513, or the requirements of section 608,'';
and
(4) in subsection (f)--
(A) in paragraph (1), by inserting ``, and
$400,000,000 for each of fiscal years 2022 through
2026'' before the period at the end; and
(B) by adding at the end the following:
``(3) Assistance.--In carrying out subsection (a), the
Administrator shall ensure that, of the amounts granted to
municipalities in a State, not less than 20 percent is granted
to municipalities with a population of less than 20,000, to the
extent there are sufficient eligible applications.''.
SEC. 9. GRANTS FOR THE TREATMENT OF EMERGING CONTAMINANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. EMERGING CONTAMINANTS.
``(a) In General.--The Administrator shall award grants to owners of
publicly owned treatment works to be used for the implementation of a
pretreatment standard or effluent limitation developed pursuant to this
Act for the introduction into a treatment works, or the discharge of,
any pollutant that is a perfluoroalkyl or polyfluoroalkyl substance or
any pollutant identified by the Administrator as a contaminant of
emerging concern.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 10. HOUSEHOLD WASTEWATER GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.
``(a) Establishment.--The Administrator shall establish a program to
provide grants to municipalities or qualified nonprofit entities to
provide assistance to eligible individuals--
``(1) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment system;
``(2) for the construction of a decentralized wastewater
treatment system designed to provide wastewater treatment for 2
or more households in which eligible individuals reside, if--
``(A) such a decentralized wastewater treatment
system could be cost-effectively constructed; and
``(B) site conditions at such households are
unsuitable for the construction of an individual
household decentralized wastewater treatment system; or
``(3) in a case in which an eligible individual resides in a
household that could be cost-effectively connected to an
available publicly owned treatment works, for the connection of
the applicable household to such treatment works.
``(b) Application.--To be eligible to receive a grant under this
subsection, a municipality or qualified nonprofit entity shall submit
to the Administrator an application at such time, in such manner, and
containing such information as the Administrator determines to be
appropriate.
``(c) Priority.--In providing grants under this section, the
Administrator shall, to the maximum extent practicable, prioritize
applications for activities that will assist eligible individuals
residing in households that are not connected to a system or technology
designed to treat domestic sewage, including eligible individuals using
household cesspools.
``(d) Administrative Expenses.--
``(1) In general.--Of the amounts made available under
subsection (h), the Administrator may use not more than 2
percent for administrative costs.
``(2) Individual grants.--A municipality or qualified
nonprofit entity may use grant funds provided under this
section to pay the administrative expenses associated with the
provision of the assistance to eligible individuals under this
section, as the Administrator determines to be appropriate.
``(e) 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 and assistance under this
section and the results of the program established under this section.
``(f) Application of Other Requirements.--The requirements of
sections 513 and 608 shall apply to any project for the construction,
repair, or replacement of a decentralized wastewater treatment system,
or for the connection of a household to a treatment works, for which
assistance is received under this section.
``(g) Definitions.--In this section:
``(1) Eligible individual.--The term `eligible individual'
has the meaning given that term in section 603(j).
``(2) Qualified nonprofit entity.--The term `qualified
nonprofit entity' means an entity determined by the
Administrator to be a qualified nonprofit entity for purposes
of section 603(c)(12).
``(h) Authorization of Appropriations.--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.''.
SEC. 11. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
``(a) Grants.--The Administrator shall establish a program to provide
grants to municipalities for projects for the planning, design, and
construction, at publicly owned treatment works, of--
``(1) intelligent sewage or stormwater collection systems,
including such collection systems that incorporate technologies
that rely on--
``(A) real-time monitoring (including through
sensors), embedded intelligence, and predictive
maintenance capabilities that improve the energy
efficiency, reliability, and resiliency of treatment
works; and
``(B) the use of artificial intelligence and other
intelligent optimization tools that reduce operational
costs, including operational costs relating to energy
consumption and chemical treatment; or
``(2) innovative and alternative combined storm and sanitary
sewer projects, including groundwater recharge, that rely on
real-time data acquisition to support predictive aquifer
recharge through water reuse and stormwater management
capabilities.
``(b) Assistance.--The Administrator shall use not less than 20
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, to the extent there are sufficient eligible
applications.
``(c) Cost Share.--
``(1) In general.--The non-Federal share of the costs of an
activity carried out using a grant under this section shall be
25 percent.
``(2) Exception.--The Administrator may waive the cost-
sharing requirement of paragraph (1) if the Administrator
determines that the municipality meets the affordability
criteria established under section 603(i)(2) by the State in
which the municipality is located.
``(d) Program Implementation.--
``(1) Guidance.--Not later than 30 days after the date of
enactment of this section, the Administrator shall issue
guidance to municipalities on how to apply for a grant under
this section.
``(2) Decision on applications.--Not later than 30 days after
the date on which the Administrator receives an application for
a grant under this section, the Administrator shall determine
whether to provide such grant.
``(3) Application deficiency.--If the Administrator
determines that an application for a grant under this section
is incomplete, the Administrator shall notify the applicant and
provide the applicant the opportunity to resubmit the
application.
``(4) Consideration.--In determining whether to provide a
grant under this section, the Administrator shall consider the
potential positive effects of the project on water quality.
``(e) Compliance With Buy America.--The requirements of section 608
shall apply to any project for construction for which assistance is
received under this section.
``(f) Report to Congress.--Not later than 180 days after the date of
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report describing projects funded under this
section, any related improvement of the resiliency of publicly owned
treatment works, and recommendations to improve the grant program
established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 to carry out this section, to remain
available until expended.''.
SEC. 12. REPORTS TO CONGRESS.
(a) Biennial Estimates.--Section 516(b)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended by striking
``(B) a detailed estimate, biennially revised, of the cost of
construction of all needed publicly owned treatment works in all of the
States and of the cost of construction of all needed publicly owned
treatment works in each of the States;'' and inserting ``(B) a detailed
estimate, biennially revised, of the cost of construction of all
planned publicly owned treatment works in all of the States and all
needed publicly owned treatment works in all of the States, and the
cost of construction of all planned publicly owned treatment works in
each of the States and all needed publicly owned treatment works in
each of the States, which estimates shall include (i) the cost of
construction to rehabilitate or upgrade all existing publicly owned
treatment works (excluding any pipe or other device or system for the
conveyance of wastewater), every 20 years, including the costs to
implement measures necessary to address the resilience and
sustainability of publicly owned treatment works to manmade or natural
disasters, and (ii) the cost of construction to replace 10 percent of
existing publicly owned pipes and other devices and systems for the
conveyance of wastewater to such treatment works over the 20-year
period following the date of the estimate;''.
(b) Annual Report on Use of Funds.--Section 516 of the Federal Water
Pollution Control Act (33 U.S.C. 1375) is amended by adding at the end
the following:
``(f) Annual Report on Use of Funds.--Not later than 18 months after
the date of enactment of this subsection, and annually thereafter, the
Administrator shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that--
``(1) identifies projects that are--
``(A) described in clause (i) or (ii) of section
602(b)(15)(A); and
``(B) carried out using funds made available under or
pursuant to section 221 or title VI; and
``(2) identifies, to the extent practicable, the costs and
benefits of such projects, including any potential short- and
long-term cost savings to publicly owned treatment works and
any environmental and community benefits of implementing such
projects.''.
SEC. 13. INDIAN TRIBES.
(a) In General.--Section 518(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1377(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--For each fiscal year, the Administrator
shall reserve, of the funds made available to carry out title
VI (before allotments to the States under section 604(a)), the
greater of--
``(A) 2 percent of such funds; or
``(B) $30,000,000.
``(2) Use of funds.--
``(A) Grants.--Funds reserved under this subsection
shall be available only for grants to entities
described in paragraph (3) for--
``(i) projects and activities eligible for
assistance under section 603(c); and
``(ii) training, technical assistance, and
educational programs relating to the operation
and management of treatment works eligible for
assistance pursuant to section 603(c).
``(B) Limitation.--Not more than $2,000,000 of such
reserved funds may be used for grants under
subparagraph (A)(ii).''; and
(2) in paragraph (3)--
(A) in the header, by striking ``Use of funds'' and
inserting ``Eligible entities''; and
(B) by striking ``for projects and activities
eligible for assistance under section 603(c) to serve''
and inserting ``to''.
(b) Additional Assistance.--
(1) Authorization of appropriations.--In addition to amounts
otherwise made available under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.), there is
authorized to be appropriated $500,000,000 for each of fiscal
years 2022 through 2026 to make grants, in cooperation with the
Director of the Indian Health Service, to entities described in
section 518(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1377) for--
(A) projects and activities eligible for assistance
under section 603(c) of such Act (33 U.S.C. 1383); and
(B) training, technical assistance, and educational
programs related to the operation and management of
treatment works eligible for assistance pursuant to
such section 603(c).
(2) No matching requirement.--The Administrator may not
require an entity receiving a grant under paragraph (1) to
provide, as a condition of receiving such grant, a share of the
cost of the project or activity for which such grant was made.
(3) Limitation.--Not more than $2,000,000 of amounts made
available in a fiscal year to carry out this subsection may be
used for grants under paragraph (1)(B).
(4) Application of other requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1372, 1388) shall apply to any project for the
construction, alteration, maintenance, or repair of treatment
works for which a grant is received under paragraph (1).
SEC. 14. CAPITALIZATION GRANTS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)--
(A) in the matter preceding clause (i), by striking
``and energy conservation'' and inserting ``and
efficient energy use (including through the
implementation of technologies to recover and reuse
energy produced in the treatment of wastewater)''; and
(B) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end and
inserting ``; and'' ; and
(3) by adding at the end the following:
``(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with respect
to funds for capitalization grants received by the State under
this title and section 205(m)--
``(A) the State will use--
``(i) not less than 15 percent of such funds
for green infrastructure, water or energy
efficiency improvements, or other
environmentally innovative activities; and
``(ii) not less than 5 percent of such funds
for projects to increase the resiliency of
treatment works to extreme weather events,
drought, sea level rise, or other impacts of
climate change; and
``(B) the State will use not less than a total of 20
percent of such funds for projects described in
subparagraph (A).''.
(b) Corrosion Control.--Section 602 of the Federal Water Pollution
Control Act (33 U.S.C. 1382) is amended by adding at the end the
following:
``(c) Corrosion Control.--
``(1) In general.--To the greatest extent practicable, the
Administrator shall encourage the incorporation of corrosion
prevention activities in projects and activities carried out
using financial assistance provided under or pursuant to this
title.
``(2) Activities.--In carrying out paragraph (1), the
Administrator, to the greatest extent practicable, shall ensure
that any recipient of financial assistance under or pursuant to
this title--
``(A) carries out any project or activity using such
assistance using, as applicable--
``(i) best practices to carry out corrosion
prevention activities in the field;
``(ii) industry-recognized standards and
corrosion mitigation and prevention methods
when--
``(I) determining protective
coatings;
``(II) selecting materials; and
``(III) determining methods of
cathodic protection, design, and
engineering for corrosion prevention;
``(iii) certified coating application
specialists and cathodic protection technicians
and engineers; and
``(iv) best practices in environmental
protection to prevent environmental degradation
and to ensure proper handling of all hazardous
materials; and
``(B) demonstrates, as applicable--
``(i) a history of employing industry-
certified inspectors to ensure adherence to
best practices and standards; and
``(ii) a history of compliance with
applicable requirements of the Occupational
Safety and Health Administration.
``(3) Corrosion prevention activities defined.--In this
subsection, the term `corrosion prevention activities' means--
``(A) the application and inspection of protective
coatings for complex work involving steel and
cementitious structures, including structures that will
be exposed in immersion;
``(B) the installation, testing, and inspection of
cathodic protection systems; and
``(C) any other activities related to corrosion
prevention the Administrator determines appropriate.''.
SEC. 15. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in subsection (c)(10), by inserting ``, including
measures to identify and address cybersecurity vulnerabilities
of such treatment works'' before the semicolon; and
(2) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``, including forgiveness of
principal and negative interest loans'' and
inserting ``(including in the form of
forgiveness of principal, negative interest
loans, or grants)''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``in assistance''; and
(II) in clause (ii)(III), by striking
``to such ratepayers'' and inserting
``to help such ratepayers maintain
access to wastewater (including
stormwater) treatment services''; and
(B) by amending paragraph (3) to read as follows:
``(3) Subsidization amounts.--
``(A) In general.--A State may use for providing
additional subsidization in a fiscal year under this
subsection an amount that does not exceed the greater
of--
``(i) 50 percent of the total amount received
by the State in capitalization grants under
this title for the fiscal year; or
``(ii) the annual average over the previous
10 fiscal years of the amounts deposited by the
State in the State water pollution control
revolving fund from State moneys that exceed
the amounts required to be so deposited under
section 602(b)(2).
``(B) Minimum.--To the extent there are sufficient
applications for additional subsidization under this
subsection that meet the criteria under paragraph
(1)(A), a State shall use for providing additional
subsidization in a fiscal year under this subsection an
amount that is not less than 20 percent of the total
amount received by the State in capitalization grants
under this title for the fiscal year.''.
SEC. 16. ALLOTMENT OF FUNDS.
(a) Formula.--Section 604(a) of the Federal Water Pollution Control
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years
1989 and 1990'' and inserting ``each fiscal year''.
(b) Wastewater Infrastructure Workforce Development.--Section 604 of
the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by
adding at the end the following:
``(d) Wastewater Infrastructure Workforce Development.--Each fiscal
year, a State may reserve up to 1 percent of the sums allotted to the
State under this section for the fiscal year to carry out workforce
development, training, and retraining activities described in section
104(g).''.
(c) Needs Survey.--Section 604 of the Federal Water Pollution Control
Act (33 U.S.C. 1384) is further amended by adding at the end the
following:
``(e) Needs Survey.--Each fiscal year, a State may reserve up to 0.5
percent of the sums allotted to the State under this section for the
fiscal year to carry out activities under section 516(b)(1)(B).''.
(d) Funds Allotted to Puerto Rico.--Section 604 of the Federal Water
Pollution Control Act (33 U.S.C. 1384) is further amended by adding at
the end the following:
``(f) Funds Allotted to Puerto Rico.--Notwithstanding any other
provision of law, no funds allotted to the Commonwealth of Puerto Rico
under this section may be counted as income or an asset of the owner or
operator of a publicly owned treatment works receiving such funds, or
be used, set aside, or otherwise made available for the purposes of
payment of debt restructuring under the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2101 et seq.) by the
Puerto Rico Financial Oversight and Management Board.''.
SEC. 17. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by striking section 607 and inserting the
following:
``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
``(a) In General.--
``(1) Reservation.--For each fiscal year, the Administrator
shall reserve 1.5 percent of available funds, as determined
under paragraph (2).
``(2) Available funds.--For purposes of paragraph (1), the
amount of available funds for a fiscal year is--
``(A) the amount of funds made available to carry out
this title for the fiscal year (before allotments to
the States under section 604(a)); less
``(B) the amount of any funds reserved under section
518(c) for the fiscal year.
``(b) Use of Funds.--Funds reserved under this section shall be
available only for grants to American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands for projects and
activities eligible for assistance under section 603(c).
``(c) Limitation.--American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands may not receive funds
allotted under section 604(a).''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title the
following sums:
``(1) $8,000,000,000 for fiscal year 2022.
``(2) $8,000,000,000 for fiscal year 2023.
``(3) $8,000,000,000 for fiscal year 2024.
``(4) $8,000,000,000 for fiscal year 2025.
``(5) $8,000,000,000 for fiscal year 2026.''.
SEC. 19. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.
Section 4(b)(1) of the Water Infrastructure Improvement Act (42
U.S.C. 4370j(b)(1)) is amended to read as follows:
``(1) technical and planning assistance to support
municipalities, including municipalities that are rural, small,
economically disadvantaged, or Tribal communities, in achieving
and maintaining compliance with enforceable deadlines, goals,
and requirements of the Federal Water Pollution Control Act;
and''.
SEC. 20. REPORT ON WASTEWATER INFRASTRUCTURE FUNDING FOR RURAL,
ECONOMICALLY DISADVANTAGED, AND TRIBAL COMMUNITIES.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall initiate a study on the distribution of wastewater infrastructure
funds to rural communities, economically disadvantaged communities, and
Tribal communities during the 20 fiscal years preceding the date of
enactment of this Act.
(b) Requirements.--In carrying out the study under this section, the
Administrator shall--
(1) consult with other Federal agencies, State, local, and
Tribal governments, owners and operators of publicly owned
treatment works, and stakeholder organizations, including
organizations with experience in investigating or addressing
the wastewater infrastructure needs of rural communities,
economically disadvantaged communities, and Tribal communities;
(2) undertake at least one public meeting in a rural
community, in an economically disadvantaged community, and in a
Tribal community, to receive testimony from the public;
(3) examine whether the distribution of wastewater
infrastructure funds during the period covered by the study has
been in accordance with any applicable executive order or
policy regarding environmental justice;
(4) examine how wastewater infrastructure funds have been
distributed with respect to the identified needs of rural
communities, economically disadvantaged communities, and Tribal
communities, and whether such funds have addressed the needs of
such communities equitably when compared to how such funds have
been distributed with respect to the identified needs of
communities that are not rural, economically disadvantaged, or
Tribal; and
(5) consider any additional factors that the Administrator
determines necessary or appropriate to determine whether rural
communities, economically disadvantaged communities, and Tribal
communities have equitable access to wastewater infrastructure
funds to comply with applicable requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to Congress a
report describing--
(1) the results of the study carried out under this section;
and
(2) any recommendations to Congress, or to State, local, and
Tribal governments, to ensure that rural communities,
economically disadvantaged communities, and Tribal communities
can equitably access wastewater infrastructure funds in amounts
sufficient to address local wastewater infrastructure needs and
local water quality challenges.
(d) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' means--
(A) a municipality that meets the affordability
criteria of a State established under section 603(i)(2)
of the Federal Water Pollution Control Act (33 U.S.C.
1383(i)(2));
(B) a community with respect to which a municipality
can demonstrate that households in the community
experience significant economic hardship related to
wastewater infrastructure; or
(C) a community that is located in an area that meets
the criteria described in paragraph (1) or (2) of
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)).
(2) Municipality; treatment works.--The terms
``municipality'' and ``treatment works'' have the meanings
given those terms in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for projects
or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution
Control Act (33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301).
SEC. 21. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a Water Reuse
Interagency Working Group to develop and coordinate actions, tools, and
resources to encourage water reuse across the United States, including
through the implementation of the National Water Reuse Action Plan,
consistent with the mission of each Federal agency that is a member of
the working group.
(b) Chairperson; Membership.--The working group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from any Federal
agency the Administrator determines to be appropriate.
(c) Duties of the Working Group.--The working group shall--
(1) annually review the National Water Reuse Action Plan and,
as necessary, update such plan;
(2) encourage the consideration of water reuse as part of
integrated water resources management and planning;
(3) conduct, and submit to Congress and make public, an
assessment of opportunities to encourage water reuse and
actions necessary to pursue such opportunities;
(4) seek to coordinate Federal programs and policies to
encourage water reuse;
(5) consider how each Federal agency that is a member of the
working group can explore and identify opportunities to
encourage water reuse through the programs and activities of
each such Federal agency; and
(6) consult, on a regular basis, with representatives of the
water reuse industry, research community, and nongovernmental
organizations.
(d) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities and
findings of the working group.
(e) Sunset.--The working group shall terminate on the date that is 6
years after the date of enactment of this Act.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) National water reuse action plan.--The term ``National
Water Reuse Action Plan'' means the document published by the
Administrator entitled ``National Water Reuse Action Plan:
Collaborative Implementation (Version 1)'', dated February
2020, and noticed in the Federal Register on March 3, 2020 (85
Fed. Reg. 12552), as updated pursuant to this section.
(3) Working group.--The term ``working group'' means the
Water Reuse Interagency Working Group established under this
section.
Purpose of Legislation
The purpose of H.R. 1915, the Water Quality Protection and
Job Creation Act of 2021, as amended, is to restore and
maintain the chemical, physical, and biological integrity of
the nation's waters by reauthorizing federal appropriations for
capitalization grants to state water pollution control
revolving funds and other clean water pollution control grant
programs to address the discharge of pollution into
jurisdictional waters.
Background and Need for Legislation
The Committee on Transportation and Infrastructure
Subcommittee on Water Resources and Environment has
jurisdiction over water quality and wastewater infrastructure
programs administered by the U.S. Environmental Protection
Agency (EPA) under the Federal Water Pollution Control Act,
more commonly known as the Clean Water Act (or Act).
The Importance of Investment in Wastewater Infrastructure
To a great extent, improvements in water quality since the
passage of the Clean Water Act in 1972 have resulted from a
significant investment in municipal wastewater infrastructure
improvements throughout the nation. According to the
Congressional Research Service, since 1972, the federal
government has provided more than $100 billion of financial
assistance for wastewater infrastructure and other support to
achieve compliance with the Clean Water Act, which has
dramatically improved water quality and the health of the
economy and the environment.\1\ However, according to the
Congressional Budget Office, federal investment in municipal
wastewater infrastructure, as a percentage of the total amount
invested from all public sources (including state and local
funds) has been declining, and now accounts for less than one-
quarter of the total capital investment in municipal wastewater
infrastructure.\2\ Today, the nationwide system of municipal
wastewater infrastructure includes 16,000 publicly owned
wastewater treatment facilities, 100,000 major pumping
stations, 600,000 miles of sanitary sewers, and 200,000 miles
of storm sewers.\3\
---------------------------------------------------------------------------
\1\See Ramseur, Jonathan L., ``Funding for EPA Water
Infrastructure: A Fact Sheet (R43871)'', Congressional Research
Service, March 2019; and Humphreys, Elena and Ramseur, Jonathan L.,
``U.S. Environmental Protection Agency (EPA) Water Infrastructure
Programs and FY2021 Appropriations (IF11724)'', Congressional Research
Service, January 2021.
\2\See ``Public Spending on Transportation and Water
Infrastructure, 1956 to 2014'', Congressional Budget Office, March
2015. See also, ``Public Spending on Transportation and Water
Infrastructure, 1956 to 2017,'' Congressional Budget Office, October
2018.
\3\U.S. EPA., ``Primer for Municipal Wastewater Treatment Systems''
(EPA-832-R-04-001), September 2004.
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Investment in wastewater infrastructure has provided
significant environmental, public health, and economic benefits
to the nation. First, through the federal construction grants
program (Title II of the Act), and now the Clean Water State
Revolving Fund (Clean Water SRF) program (Title VI of the Act),
the investment in wastewater infrastructure has been integral
to improving the quality of the nation's waters. The
improvements to water quality realized through federal, state,
and local investment in municipal wastewater infrastructure
have been significant, helping to increase the number of
fishable and swimmable waters throughout the nation.
As a result of the dramatic improvements in municipal
wastewater infrastructure, waste loadings in municipal effluent
discharges have decreased by one-half since the 1970s, despite
the fact that the amount of generated municipal wastewaters
grew by more than one-third during the same time period due to
population growth and an expanded economy. The nation's
farmers, fishermen, manufacturers, and recreational industries
rely on clean water. The outdoor recreation economy alone
generates $887 billion annually.\4\ Further, people spend
approximately $70 billion per year on recreational boating and
fishing.\5\
---------------------------------------------------------------------------
\4\ Outdoor Industry Association. (2017). The Outdoor Recreation
Economy. Retrieved from https://outdoorindustry.org/wp-content/uploads/
2017/04/OIA_RecEconomy_FINAL_Single.pdf.
\5\U.S. Environmental Protection Agency. (2012). The Importance of
Water to the U.S. Economy, Part I: Background Report.
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Clean Water Infrastructure Needs
America's wastewater infrastructure needs further financial
investment. According to the American Society of Civil
Engineers 2021 Infrastructure Report Card, America's wastewater
treatment infrastructure receives a grade of D+, and its
stormwater infrastructure receives a grade of D.\6\
---------------------------------------------------------------------------
\6\See 2021 Infrastructure Report Card ASCE. Retrieved from https:/
/infrastructurereportcard.org/.
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According to EPA's most recent clean water needs survey,
communities have documented at least $271 billion of investment
needed over the next 20 years to bring their systems to a state
of good repair; yet, as this assessment is almost a decade old,
the current need may be higher.\7\ Given the current level of
federal investment to address these needs, states and cities
are covering more than 95 percent of the total cost of water
infrastructure (including capital and operations and
maintenance costs).\8\
---------------------------------------------------------------------------
\7\U.S. Environmental Protection Agency. (2016). Clean Watersheds
Needs Survey 2012. Report to Congress. (EPA-830-R-15005). Retrieved
from https://www.epa.gov/sites/production/files/2015-12/documents/
cwns_2012_report_to_congress-508-opt.pdf.
\8\Kane, Joseph W. (2016). Investing in Water: Comparing Utility
Finances and Economic Concerns across U.S. Cities. Retrieved from
https://www.brookings.edu/research/investing-in-water-comparing-
utility-finances-and-economic-concerns-across-u-s-cities/.
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In addition, according to the Indian Health Service,
Division of Sanitation Facilities Construction, the documented
backlog of sanitation infrastructure deficiencies, including
wastewater infrastructure, for tribal communities is
approximately $2.5 billion.\9\
---------------------------------------------------------------------------
\9\Indian Health Service, Office of Environmental Health and
Engineering, Division of Sanitation Facilities Construction. Annual
Report to the Congress of the United States on Sanitation Deficiency
Levels for Indian Homes and Communities Fiscal Year 2018. Retrieved
from https://www.ihs.gov/sites/newsroom/themes/responsive2017/
display_objects/documents/
Report_To_Congress_FY18_SanitationFacilitiesDeficiencies.pdf.
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These statistics indicate a need for increased investment
in our nation's water infrastructure at all levels of
government and the benefits are numerous. Investing in clean
water creates thousands of domestic jobs in the construction
industry and reduces the overall costs of operating and
maintaining that infrastructure. According to the National
Utility Contractors Association, every $1 billion invested in
our nation's water infrastructure can create or sustain nearly
28,000 jobs in communities across America, while improving
public health and the environment at the same time.\10\
---------------------------------------------------------------------------
\10\See Testimony Submitted for the Record by the National Utility
Contractors Association (NUCA), hearing on ``Building Back Better: The
Urgent Need for Infrastructure Investment in America's Wastewater
Infrastructure'', February 23, 2021.
---------------------------------------------------------------------------
The economic and job creation benefits of increased federal
investment in wastewater infrastructure were also highlighted
in testimony before the Subcommittee on Water Resources and
Environment, including the testimony of Mr. David Mallino,
Legislative Director of the Laborers' International Union of
North America, who noted that:
Wastewater infrastructure improvements also support
healthy economies. Construction projects create good-
paying jobs, and, where new facilities are built,
workers are needed to operate and maintain them.
Upgraded infrastructure results in cleaner water, which
is essential for many businesses and sectors of the
economy.\11\
\11\See Testimony of the Mr. David Mallino, Legislative Director,
Laborers' International Union of North America, before the Subcommittee
on Water Resources and Environment, hearing on ``Building Back Better:
The Urgent Need for Infrastructure Investment in America's Wastewater
Infrastructure'', February 23, 2021.
---------------------------------------------------------------------------
Similarly, as noted in the testimony of Tom Teske, Vice
President and General Manager of EJ Americas, existing Clean
Water Act provisions,\12\ which maximize the use of American-
made iron and steel, ensure that federal investments promote
job creation and preservation in the United States.\13\ In
addition, water infrastructure helps prevent contamination of
our nation's waters that are relied upon by the recreational
industry. Fishing and water sports generate more than 1.52
million jobs.\14\
---------------------------------------------------------------------------
\12\See 33 U.S.C. 1388.
\13\See Testimony of the Mr. Tom Teske, Vice President and General
Manager, EJ Americas, before the Subcommittee on Water Resources and
Environment, hearing on ``Building Back Better: The Urgent Need for
Infrastructure Investment in America's Wastewater Infrastructure'',
February 23, 2021.
\14\Outdoor Industry Association. (2017). The Outdoor Recreation
Economy. Retrieved from https://outdoorindustry.org/wp-content/uploads/
2017/04/OIA_RecEconomy_FINAL_Single.pdf.
---------------------------------------------------------------------------
Clean Water Act Affordability
Communities and governments at all levels face growing
challenges in effectively managing the water resources
necessary to support growing and shifting populations, thriving
residential, commercial, industrial, and agricultural sectors,
and healthy and productive natural environments. Many local
governments also face complex affordability challenges--with
some communities facing shrinking rate bases, while others with
growing populations having increasing segments of their rate
base that are unable to afford the rising costs of clean water
thereby disproportionately impacting the poorest economic
segments of many communities. Nationwide, wastewater utilities
and municipalities of all sizes are seeking to provide clean,
safe, accessible, and affordable water, along with addressing
other challenges, such as responding to effects of extreme
weather events, water quantity, and emerging water quality
issues.
In 2017, the National Academy of Public Administration
(NAPA) issued a report that examined the challenges local
communities face in providing clean, safe, and affordable water
and wastewater services.\15\ This report concluded that the
governmental responsibility to assure clean water that is also
affordable to both communities and individuals has become an
increasing challenge.\16\
---------------------------------------------------------------------------
\15\Panel of the National Academy of Public Administrators for the
U.S. Environmental Protection Agency. (2017). Developing a New
Framework for Community Affordability of Clean Water Services. Academy
Project Number: 2210. Retrieved from https://www.napawash.org/uploads/
Academy_Studies/NAPA_EPA_FINAL_REPORT_110117.pdf.
\16\Id.
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Among other things, the report recognized that water
infrastructure in the United States is aging, thereby imposing
additional costs on communities to both upgrade and maintain
deteriorating infrastructure from deferred maintenance.\17\ In
addition, the report recognized the costs to communities to
come into compliance with the Clean Water Act as an additional
factor and highlighted the importance of more cost-effective
and innovative solutions, such as increased use of green-
infrastructure approaches, stormwater recapture and reuse, and
integrated planning, to address these challenges.\18\ Further,
the report highlighted how affordability is an especially
critical issue for low-income customers throughout the United
States, noting that, while average annual expenditures for
water are generally low relative to other utilities, they
represent a higher share of income for those who earn the
lowest 20 percent of income.\19\
---------------------------------------------------------------------------
\17\Id.
\18\Id.
\19\Id.
---------------------------------------------------------------------------
This concern over wastewater infrastructure affordability
was echoed in testimony before the Subcommittee on Water
Resources and Environment through oversight hearings during the
development of H.R. 1915.
For example, the Honorable Dave Berger, Mayor of Lima, Ohio
(testifying on behalf of the United States Conference of
Mayors), called on Congress to ``raise existing federal funding
commitments substantially, particularly in the form of grant
funding, to support the modernization and expansion of our
Nation's drinking water, wastewater treatment, stormwater, and
flood protection systems.''\20\
---------------------------------------------------------------------------
\20\See Testimony of the Honorable Dave Berger, Mayor of Lima, on
behalf of the United States Conference of Mayors, before the
Subcommittee on Water Resources and Environment, hearing on ``Building
Back Better: The Urgent Need for Infrastructure Investment in America's
Wastewater Infrastructure'', February 23, 2021.
---------------------------------------------------------------------------
Similarly, the testimony of Mr. Oluwole McFoy, the General
Manager of the Buffalo Sewer Authority (testifying on behalf of
the National Association of Clean Water Agencies) highlighted
how Buffalo's wastewater infrastructure has been deteriorating
over time, ``. . . with the work being done on it relegated to
mostly maintenance, repairs, and necessary replacements. This
has proven to be an unsustainable approach. The costs of this
work are being borne by a segment of rate payers who cannot
afford to pay it while at the same time the funding required
for even this bare minimum approach is still growing, creating
a situation where rate payers are being forced to pay more for
less relative service.''\21\
---------------------------------------------------------------------------
\21\See Testimony of the Mr. Oluwole McFoy, General Manager of the
Buffalo Sewer Authority, on behalf of the National Association of Clean
Water Agencies, before the Subcommittee on Water Resources and
Environment, hearing on ``Building Back Better: The Urgent Need for
Infrastructure Investment in America's Wastewater Infrastructure'',
February 23, 2021.
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In addition, Ms. Brenda Coley, the Co-Director of the
Milwaukee Water Commons, highlighted the financial challenges
facing many American communities, especially those facing
economic hardships in financing wastewater infrastructure
investments. In her testimony, Ms. Coley noted:
Because the vast majority of [Clean Water SRF] funds
are provided to local communities as loans rather than
grants, local water ratepayers ultimately bear the
burden of repaying these loans. Raising rates to levels
required to repay all of the funds necessary to address
existing water infrastructure needs would render water
rates unaffordable. Reluctant to raise water rates and
without other funding options, utilities instead
postpone making urgent water infrastructure repairs and
upgrades . . . . however, continued failure to repair
and enhance failing and outdated water infrastructure
strains the public health of our communities as well as
the environmental health of our waterways and
ultimately leads to compounding problems resulting in
even greater expense. This is particularly true for
vulnerable communities that typically face the most
urgent infrastructure needs but have the least ability
to bear their cost.\22\
---------------------------------------------------------------------------
\22\See Testimony of the Ms. Brenda Coley, Co-Director of the
Milwaukee Water Commons, before the Subcommittee on Water Resources and
Environment, hearing on ``Building Back Better: The Urgent Need for
Infrastructure Investment in America's Wastewater Infrastructure'',
February 23, 2021.
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Sustainable Wastewater Infrastructure
The magnitude of the nation's wastewater infrastructure
needs also presents a major opportunity to upgrade, modernize,
and increase the efficiency and sustainability of wastewater
infrastructure, including the efficiency of the water- and
energy-related components of wastewater treatment, the benefits
of alternative approaches to traditional wastewater treatment
technologies (e.g., natural, nature-based, and green
infrastructure alternatives), and measures to increase the
resiliency of our infrastructure to the observed impacts of
climate change, such as extreme weather events, sea-level rise,
and drought.
In April 2021, the Subcommittee on Water Resources and
Environment held a hearing, titled, ``Sustainable Wastewater
Infrastructure: Measures to Promote Resiliency and Climate
Adaptation and Mitigation.'' That hearing highlighted
information on the policies and practices to encourage greater
resiliency and sustainability of wastewater utilities in
meeting the requirements of the Clean Water Act.
Water and Energy Efficiency
Energy use can account for as much as 10 percent of a local
government's annual operating budget.\23\ A significant amount
of this municipal energy use occurs at water and wastewater
treatment facilities. With pumps, motors, and other equipment
operating 24 hours a day, seven days a week, water and
wastewater facilities can be among the largest consumers of
energy in a community--and thus among the largest contributors
to the community's total greenhouse gas (GHG) emissions.\24\
---------------------------------------------------------------------------
\23\See U.S. EPA, ``Energy Efficiency in Water and Wastewater
Facilities: A Guide to Developing and Implementing Greenhouse Gas
Reduction Programs''' (2013).
\24\See id.
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Nationally, the energy used by water and wastewater
utilities accounts for 35 percent of typical U.S. municipal
energy budgets.\25\ Electricity use accounts for 25 to 40
percent of the operating budgets for wastewater utilities and
approximately 80 percent of drinking water processing and
distribution costs.\26\ Drinking water and wastewater systems
account for approximately three to four percent of overall
energy use in the United States, equivalent to approximately 56
billion kilowatts and a cost of $4 billion, and resulting in
the emissions of more than 45 million tons of GHGs
annually.\27\
---------------------------------------------------------------------------
\25\See id.
\26\See id.
\27\See id. See also, https://www.epa.gov/sustainable-water-
infrastructure/water-and-energy-efficiency-utilities-and-home.
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According to the EPA, utilities can reduce the economic
costs and environmental impacts of wastewater treatment by
improving the energy efficiency of wastewater facilities'
equipment and operations, by promoting the efficient use of
water, and by capturing the energy in wastewater to generate
electricity and heat.\28\ Improvements in energy efficiency
allow the same work to be done with less energy and cost. The
EPA estimates that, by incorporating energy efficiency
practices into their water and wastewater plants,
municipalities and utilities can save 15 to 30 percent on their
operating costs, saving thousands of dollars with payback
periods (or the amount of time required to pay back the cost of
the upgrade through potential cost savings resulting from the
upgrade) of only a few months to a few years.\29\ Improvements
in water use efficiency reduce demand for water, which in turn
reduces the amount of energy required to treat and distribute
water.
---------------------------------------------------------------------------
\28\See id. See also, https://www.energy.gov/eere/slsc/wastewater-
infrastructure, which notes that, according to the U.S. Department of
Energy, wastewater contains about five times more energy than is needed
for its treatment in terms of untapped thermal energy, which can be
captured and used to generate energy.
\29\https://www.epa.gov/sustainable-water-infrastructure/energy-
efficiency-water-utilities.
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Water and wastewater facilities around the country are also
adopting renewable energy technologies, including combined heat
and power, sludge digester methane use, solar panels
installation, and wind turbines. Capturing the energy in
wastewater by burning biogas from anaerobic digesters in a
combined heat and power system allows wastewater facilities to
produce some or all of their own electricity and space heating,
potentially turning them into ``net zero'' consumers of energy.
Over the last four years, the Subcommittee has received
testimony from several witnesses highlighting the potential of
waste-energy recapture projects for increasing sustainability,
reducing utility costs, and reducing GHG emissions. For
example, in 2019, the Subcommittee heard testimony how the
Camden County (New Jersey) Municipal Utilities Authority
installed technology for generating all of the utility's
electricity from the biosolids produced during sewage
treatment, which allowed the Utility Authority to take its
``treatment plant off the grid and then [build] a microgrid to
protect the drinking water plant, hospitals, fire, school, and
police, all through the [Clean Water] State Revolving Fund
without raising rates.''\30\
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\30\See Subcommittee on Water Resources and Environment, hearing on
``The Clean Water State Revolving Fund: How Federal Infrastructure
Investment Can Help Communities Modernize Water Infrastructure and
Address Affordability Challenges'', March 7, 2019, accessed at https://
www.govinfo.gov/content/pkg/CHRG-116hhrg35383/pdf/CHRG-
116hhrg35383.pdf.
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Similarly, the Subcommittee received testimony from Ms.
Kisha Powell, Chief Operating Officer and Executive Vice
President of DC Water, who described how the utility's Blue
Plains Advanced Wastewater Treatment Plant was the first
project in North America to use thermal hydrolysis--a sewage
digestion/combined heat and power technology--and that the
clean, green renewable energy created by this technology is
enough to power one-third of the plant's energy needs while
reducing the facility's carbon footprint by roughly one-
third.\31\
---------------------------------------------------------------------------
\31\See Testimony of Ms. Kisha Powell, Chief Operating Officer and
Executive Vice President, DC Water, before the Subcommittee on Water
Resources and Environment, hearing on ``Sustainable Wastewater
Infrastructure: Measures to Promote Resiliency and Climate Adaptation
and Mitigation,'' April 21, 2021.
---------------------------------------------------------------------------
Finally, the Subcommittee also received testimony from Mr.
Robert Ferrante, Chief Engineer and General Manager of the Los
Angeles County Sanitation Districts, who testified on a
demonstration project underway at the Sanitation Districts to
convert food wastes generated in Los Angeles County into
energy.\32\ According to Mr. Ferrante's testimony, the food
waste is converted to biogas which is used to run its treatment
plant, making the utility virtually self-sufficient, as well as
further refined into a renewable natural gas alternative that
is sold to the public to fuel cars, buses, and trucks.\33\
---------------------------------------------------------------------------
\32\See Testimony of Mr. Robert Ferrante, Chief Engineer and
General Manager of the Los Angeles County Sanitation Districts, before
the Subcommittee on Water Resources and Environment, hearing on
``Sustainable Wastewater Infrastructure: Measures to Promote Resiliency
and Climate Adaptation and Mitigation,'' April 21, 2021.
\33\See id.
---------------------------------------------------------------------------
Green Infrastructure Alternatives
EPA has also highlighted the importance of selecting the
right solution to meet an identified wastewater need in its
``Path to Sustainable Water Infrastructure,'' including the
importance of evaluating different alternatives, such as new,
smart technologies, an evaluation of centralized versus
decentralized wastewater treatment systems, and the utilization
of green infrastructure approaches to local water quality
challenges.\34\
---------------------------------------------------------------------------
\34\See https://www.epa.gov/sustainable-water-infrastructure/
building-sustainable-water-infrastructure; see also https://
www.epa.gov/sustainable-water-infrastructure/policy-water-
infrastructure-sustainability.
---------------------------------------------------------------------------
Section 502 of the Clean Water Act defines green
infrastructure as ``. . . the range of measures that use plant
or soil systems, permeable pavement or other permeable surfaces
or substrates, stormwater harvest and reuse, or landscaping to
store, infiltrate, or evapotranspirate stormwater and reduce
flows to sewer systems or to surface waters.''\35\
---------------------------------------------------------------------------
\35\See 33 U.S.C. 1362(27).
---------------------------------------------------------------------------
According to the EPA, green infrastructure can frequently
provide ``a cost-effective, resilient approach to managing wet
weather impacts that provides many community benefits.''\36\
``While single-purpose gray stormwater infrastructure--
conventional piped drainage and water treatment systems--is
designed to move urban stormwater away from the built
environment, green infrastructure''--such as downspout
disconnections, green roofs, bioswales, and green streets--
``reduces and treats stormwater at its source while delivering
environmental, social, and economic benefits.''\37\
---------------------------------------------------------------------------
\36\See https://www.epa.gov/green-infrastructure/what-green-
infrastructure.
\37\See id.
---------------------------------------------------------------------------
Stormwater runoff is a major cause of water pollution in
urban areas.\38\ When rain falls on roofs, streets, and parking
lots in cities and their suburbs, the water cannot soak into
the ground. Stormwater drains through gutters, storm sewers,
and other engineered collection systems and is discharged into
nearby water bodies. The stormwater runoff carries trash,
bacteria, heavy metals, and other pollutants from the urban
landscape. Higher flows resulting from heavy rains also can
cause erosion and flooding in urban streams, damaging habitat,
property, and infrastructure.\39\
---------------------------------------------------------------------------
\38\See id.
\39\See id. See also https://www.nrdc.org/stories/green-
infrastructure-how-manage-water-sustainable-way.
---------------------------------------------------------------------------
Green infrastructure is designed to use vegetation, soils,
and other elements and practices to restore some of the natural
processes required to manage water and create healthier urban
environments.\40\ At the city or county scale, green
infrastructure is a patchwork of natural areas that provides
habitat, flood protection, cleaner air, and cleaner water. At
the neighborhood or site scale, stormwater management systems
that mimic natural systems can soak up and store water.\41\
---------------------------------------------------------------------------
\40\See id.
\41\See id.
---------------------------------------------------------------------------
According to testimony from Rebecca Hammer, Deputy Director
of Federal Water Policy for the Natural Resources Defense
Council, green infrastructure can also be a ``powerful tool for
addressing climate change''--noting that its use not only
``helps communities adapt to the impacts of climate change by
reducing flooding, augmenting groundwater supplies, and cooling
the air, but green infrastructure also provides climate
mitigation benefits by storing carbon and reducing energy
demand.''\42\
---------------------------------------------------------------------------
\42\See Testimony of Mr. Rebecca Hammer, Deputy Director of Federal
Water Policy, Natural Resources Defense Council, before the
Subcommittee on Water Resources and Environment, hearing on
``Sustainable Wastewater Infrastructure: Measures to Promote Resiliency
and Climate Adaptation and Mitigation,'' April 21, 2021.
---------------------------------------------------------------------------
Alternative Water Sources and Water Recycling
According to the EPA, water reuse (also commonly known as
water recycling or water reclamation) reclaims water from a
variety of sources then treats and reuses it for beneficial
purposes such as agriculture and irrigation, potable water
supplies, groundwater replenishment, industrial processes, and
environmental restoration.\43\ Water reuse can provide
alternatives to existing water supplies and be used to enhance
water security, sustainability, and resilience, especially in
areas facing potable water shortages or repeated drought.
---------------------------------------------------------------------------
\43\See, generally, https://www.epa.gov/waterreuse/basic-
information-about-water-reuse#basics.
---------------------------------------------------------------------------
Sources of water for potential reuse can include municipal
wastewater, industry process and cooling water, stormwater, and
agriculture runoff and return flows. These sources of water are
adequately treated to meet ``fit-for-purpose specifications''
for a particular next use.\44\ ``Fit-for-purpose
specifications'' are the treatment requirements to bring water
from a particular source to the quality needed, to ensure
public health, environmental protection, or specific user
needs. For example, reclaimed water for crop irrigation would
need to be of sufficient quality to prevent harm to plants and
soils, maintain food safety, and protect the health of farm
workers. In uses where there is a greater human exposure, water
may require more treatment.\45\
---------------------------------------------------------------------------
\44\44 See id.
\45\45 See id.
---------------------------------------------------------------------------
The Subcommittee received testimony on the potential
benefits of reclaimed water and on how increased federal
investment can help augment safe, reliable, and affordable
water supplies for local communities. For example, Mr.
Ferrante's testimony highlighted how the Los Angeles County
Sanitation Districts are currently investing in and developing
new wastewater recycling and groundwater recharge projects to
address the water supply needs of the Los Angeles Metropolitan
region.\46\
---------------------------------------------------------------------------
\46\See Testimony of Mr. Robert Ferrante, Chief Engineer and
General Manager of the Los Angeles County Sanitation Districts, before
the Subcommittee on Water Resources and Environment, hearing on
``Sustainable Wastewater Infrastructure: Measures to Promote Resiliency
and Climate Adaptation and Mitigation,'' April 21, 2021.
---------------------------------------------------------------------------
Federal clean water investment: Clean Water State Revolving Fund
For more than 70 years, Congress has provided federal funds
to municipalities to address local water quality challenges,
including sewage treatment needs. Initially, this assistance
was provided as loans to states, municipalities, or interstate
agencies for the construction of necessary treatment works to
prevent the discharge by such state or municipality of
untreated or inadequately treated sewage or other waste into
interstate waters. (Federal Water Pollution Control Act of
1948, P.L. 80-845, 62 Stat. 1155.) In later amendments to the
Federal Water Pollution Control Act, Congress provided direct
grants to municipalities.
In the 1972 Amendments to the Federal Water Pollution
Control Act, such grants covered 55 to 75 percent of the total
costs of the projects. Then, in 1987, Congress converted the
direct grant program to the current Clean Water SRF authority
that provides capitalization grant funding directly to states
to capitalize the states' Clean Water SRFs (P.L. 100-4). These
SRFs, in-turn, provide below-market rate loans to communities
to finance local wastewater infrastructure needs (required to
be fully-repaid over a 30-year term).
The authorization of appropriations for the Clean Water SRF
expired after 1994. Yet, Congress has continued to fund,
through annual appropriations legislation, the Clean Water SRF
program because it provides a critical investment in the
nation's wastewater infrastructure. Congressional
appropriations have provided more than $45 billion in federal
capitalization assistance to states since 1987.\47\ Congress
provided an appropriation of $1.638 billion for the Clean Water
SRF in the fiscal year 2021 appropriations bill (P. L. 116-260,
Division G, Title II). In turn, this infusion of federal
capital to state revolving funds has leveraged over $138
billion in direct assistance to communities over this
period.\48\
---------------------------------------------------------------------------
\47\U.S. Environmental Protection Agency, Clean Water State
Revolving Fund (CWSRF), https://www.epa.gov/cwsrf.
\48\See id.
---------------------------------------------------------------------------
In 2014, Congress enacted amendments to the Clean Water Act
which authorized states that provide assistance to communities
under the Clean Water SRF program to provide additional
subsidization, including forgiveness of principal and negative
interest loans to benefit a municipality that meets the
affordability criteria of the state; or that seeks additional
subsidization to benefit individual ratepayers in the
municipality's residential user rate class that will experience
a significant hardship from the increase in rates necessary to
finance the project or activity for which assistance is
sought.\49\
---------------------------------------------------------------------------
\49\See Pub. L. 113-121, Title V, Subtitle A.
---------------------------------------------------------------------------
In addition, in recent years, the annual appropriations
bills for the EPA have included provisions to require states to
use a portion of Clean Water SRF funding to provide communities
with ``additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants,''
as well as to reserve an additional portion of Clean Water SRF
funding for ``projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities.''\50\
---------------------------------------------------------------------------
\50\ See e.g., Pub. L. 116-260, Division G.
---------------------------------------------------------------------------
In addition, the annual appropriations bills for the EPA
have included funds from the Clean Water SRF for projects,
training, technical assistance, or education for Indian tribes,
reservations, and native villages, and Clean Water SRF funding
for the U.S. Territories.\51\
---------------------------------------------------------------------------
\51\ See id.
---------------------------------------------------------------------------
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearings were used to develop or
consider H.R. 1915, as amended:
On February 23, 2021, the Subcommittee held a hearing
titled ``Building Back Better: The Urgent Need for Investment
in America's Wastewater Infrastructure.'' The Subcommittee
received testimony from Hon. David J. Berger, Mayor, City of
Limo, Ohio, testifying on behalf of the U.S. Conference of
Mayors; Hon. Bill Sterud, Chairman, Puyallup Tribal Council,
Tacoma, Washington; Mr. Oluwole ``OJ'' A. McFoy, General
Manager, Buffalo Sewer Authority, testifying on behalf of the
National Association of Clean Water Agencies; Mr. Thomas M.
Teske, Vice President and General Manager, EJ Americas; Ms.
Brenda Coley, Co-Executive Director, Milwaukee Water Commons;
and Mr. David Mallino, Legislative Director, Laborers
International Union of North America. This hearing examined the
current state of our clean water systems and received testimony
on the backlog of clean water infrastructure needs, current and
future challenges, and the infrastructure affordability
challenges facing communities and American households.
On April 21, 2021, the Subcommittee held a hearing titled
``Sustainable Wastewater Infrastructure: Measures to Promote
Resiliency and Climate Adaptation and Mitigation.'' The
Subcommittee received testimony from Mr. Howard M. Neukrug,
Executive Director, the Water Center, University of
Pennsylvania; Ms. Kisha L. Powell, Chief Operating Officer and
Executive Vice President, D.C. Water; Mr. Robert C. Ferrante,
Chief Engineer and General Manager, Los Angeles County
Sanitation Districts; Mr. Kevin Robert Perry, Principal, Urban
Rain Design, testifying on behalf of The American Society of
Landscape Architects; Mr. Kim H. Colson, Director, Division of
Water Infrastructure, Department of Environmental Quality,
State of North Carolina, testifying on behalf of the Council of
Infrastructure Financing Authorities; and Ms. Rebecca Hammer,
Deputy Director, Federal Water Policy, Natural Resources
Defense Council. This hearing provided Members with information
on policies and practices to encourage greater resiliency and
sustainability of wastewater utilities in meeting the
requirements of the Clean Water Act.
Legislative History and Consideration
H.R. 1915 was introduced in the House on March 16, 2021, by
Mr. DeFazio, Mrs. Napolitano, and Mr. Fitzpatrick and referred
to the Committee on Transportation and Infrastructure. Within
the Committee, H.R. 1915 was referred to the Subcommittee on
Water Resources and Environment.
The Chair discharged the Subcommittee on Water Resources
and Environment from further consideration of H.R. 1915 on June
9, 2021.
The Committee considered H.R. 1915 on June 9, 2021, and
ordered the measure, as amended, to be reported to the House
with a favorable recommendation, by a record vote of 42 yeas
and 25 nays (Roll Call Vote No. 22).
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Ms.
Bourdeaux (#1); was AGREED TO, as amended, by voice vote.
A manager's amendment to the Amendment in the Nature of a
Substitute (#1A) offered by Ms. Bourdeaux; was AGREED TO by
voice vote.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1B); was WITHDRAWN.
At the appropriate place, insert a new section entitled
``Sec. __. National Pollutant Discharge Elimination System
(NPDES) Terms.''
A Substitute Amendment in the Nature of a Substitute
offered by Mr. Rouzer (#2); was NOT AGREED TO by a record vote
of 26 yeas and 39 nays (Roll Call Vote No. 20).
A Substitute Amendment in the Nature of a Substitute
offered by Mr. Westerman (#3); was NOT AGREED TO by a record
vote of 27 yeas and 39 nays (Roll Call Vote No. 21).
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1C); was NOT AGREED TO by
voice vote.
Page 7, strike lines 5 through line 9 and insert a new
subsection entitled ``(d) Assistance.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr. Graves of Louisiana (#1D); was NOT AGREED TO by
voice vote.
Page 10, strike lines 12 through 18 and insert a new
subsection entitled ``(e) Definitions.''
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Committee on Transportation and Infrastructure Roll Call Vote No. 20
On: Agreeing to Amendment #2 offered by Mr. Rouzer
Not Agreed to: 26 yeas and 39 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Defazio, Chair.............................. Nay Mr. Graves of MO, Ranking Member.. Yea
Ms. Norton...................................... Nay Mr. Young......................... ............
Ms. Johnson of TX............................... Nay Mr. Crawford...................... Yea
Mr. Larsen of WA................................ Nay Mr. Gibbs......................... Yea
Mrs. Napolitano................................. Nay Mr. Webster....................... Yea
Mr. Cohen....................................... Nay Mr. Massie........................ Yea
Mr. Sires....................................... Nay Mr. Perry......................... Yea
Mr. Garamendi................................... Nay Mr. Rodney Davis of IL............ Yea
Mr. Johnson of GA............................... Nay Mr. Katko......................... Nay
Mr. Carson...................................... Nay Mr. Babin......................... Yea
Ms. Titus....................................... Nay Mr. Graves of LA.................. Yea
Mr. Maloney of NY............................... Nay Mr. Rouzer........................ Yea
Mr. Huffman..................................... Nay Mr. Bost.......................... Yea
Ms. Brownley.................................... Nay Mr. Weber of TX................... Yea
Ms. Wilson of FL................................ Nay Mr. LaMalfa....................... Yea
Mr. Payne....................................... Nay Mr. Westerman..................... Yea
Mr. Lowenthal................................... Nay Mr. Mast.......................... Yea
Mr. DeSaulnier.................................. Nay Mr. Gallagher..................... ............
Mr. Lynch....................................... ............ Mr. Fitzpatrick................... Nay
Mr. Carbajal.................................... Nay Miss Gonzalez-Colon............... Yea
Mr. Brown....................................... Nay Mr. Balderson..................... Yea
Mr. Malinowski.................................. Nay Mr. Stauber....................... Yea
Mr. Stanton..................................... Nay Mr. Burchett...................... Yea
Mr. Allred...................................... Nay Mr. Johnson of SD................. Yea
Ms. Davids of KS................................ Nay Mr. Van Drew...................... Nay
Mr. Garcia of IL................................ Nay Mr. Guest......................... Yea
Mr. Delgado..................................... Nay Mr. Nehls......................... Yea
Mr. Pappas...................................... Nay Ms. Mace.......................... Yea
Mr. Lamb........................................ Nay Ms. Malliotakis................... Yea
Mr. Moulton..................................... Nay Ms. Van Duyne..................... Yea
Mr. Auchincloss................................. Nay Mr. Gimenez....................... Yea
Ms. Bourdeaux................................... Nay Mrs. Steel........................ ............
Mr. Kahele...................................... Nay
Ms. Strickland.................................. Nay
Ms. Williams of GA.............................. Nay
Ms. Newman...................................... Nay
Mr. Carter...................................... Nay
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 21
On: Agreeing to Amendment #3 offered by Mr. Westerman
Not Agreed to: 27 yeas and 39 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Defazio, Chair.............................. Nay Mr. Graves of MO, Ranking Member.. Yea
Ms. Norton...................................... Nay Mr. Young......................... ............
Ms. Johnson of TX............................... Nay Mr. Crawford...................... Yea
Mr. Larsen of WA................................ Nay Mr. Gibbs......................... Yea
Mrs. Napolitano................................. Nay Mr. Webster....................... Yea
Mr. Cohen....................................... Nay Mr. Massie........................ Yea
Mr. Sires....................................... Nay Mr. Perry......................... Yea
Mr. Garamendi................................... Nay Mr. Rodney Davis of IL............ Yea
Mr. Johnson of GA............................... Nay Mr. Katko......................... Nay
Mr. Carson...................................... Nay Mr. Babin......................... Yea
Ms. Titus....................................... Nay Mr. Graves of LA.................. Yea
Mr. Maloney of NY............................... Nay Mr. Rouzer........................ Yea
Mr. Huffman..................................... Nay Mr. Bost.......................... Yea
Ms. Brownley.................................... Nay Mr. Weber of TX................... Yea
Ms. Wilson of FL................................ Nay Mr. LaMalfa....................... Yea
Mr. Payne....................................... Nay Mr. Westerman..................... Yea
Mr. Lowenthal................................... Nay Mr. Mast.......................... Yea
Mr. DeSaulnier.................................. Nay Mr. Gallagher..................... ............
Mr. Lynch....................................... ............ Mr. Fitzpatrick................... Nay
Mr. Carbajal.................................... Nay Miss Gonzalez-Colon............... Yea
Mr. Brown....................................... Nay Mr. Balderson..................... Yea
Mr. Malinowski.................................. Nay Mr. Stauber....................... Yea
Mr. Stanton..................................... Nay Mr. Burchett...................... Yea
Mr. Allred...................................... Nay Mr. Johnson of SD................. Yea
Ms. Davids of KS................................ Nay Mr. Van Drew...................... Nay
Mr. Garcia of IL................................ Nay Mr. Guest......................... Yea
Mr. Delgado..................................... Nay Mr. Nehls......................... Yea
Mr. Pappas...................................... Nay Ms. Mace.......................... Yea
Mr. Lamb........................................ Nay Ms. Malliotakis................... Yea
Mr. Moulton..................................... Nay Ms. Van Duyne..................... Yea
Mr. Auchincloss................................. Nay Mr. Gimenez....................... Yea
Ms. Bourdeaux................................... Nay Mrs. Steel........................ Yea
Mr. Kahele...................................... Nay
Ms. Strickland.................................. Nay
Ms. Williams of GA.............................. Nay
Ms. Newman...................................... Nay
Mr. Carter...................................... Nay
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 22
On: Ordering H.R. 1915 to be reported the House, favorably,
as amended.
Agreed to: 42 yeas and 25 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Defazio, Chair.............................. Yea Mr. Graves of MO, Ranking Member.. Nay
Ms. Norton...................................... Yea Mr. Young......................... ............
Ms. Johnson of TX............................... Yea Mr. Crawford...................... Nay
Mr. Larsen of WA................................ Yea Mr. Gibbs......................... Nay
Mrs. Napolitano................................. Yea Mr. Webster....................... Nay
Mr. Cohen....................................... Yea Mr. Massie........................ Nay
Mr. Sires....................................... Yea Mr. Perry......................... Nay
Mr. Garamendi................................... Yea Mr. Rodney Davis of IL............ Nay
Mr. Johnson of GA............................... Yea Mr. Katko......................... Yea
Mr. Carson...................................... Yea Mr. Babin......................... Nay
Ms. Titus....................................... Yea Mr. Graves of LA.................. Nay
Mr. Maloney of NY............................... Yea Mr. Rouzer........................ Nay
Mr. Huffman..................................... Yea Mr. Bost.......................... Nay
Ms. Brownley.................................... Yea Mr. Weber of TX................... Nay
Ms. Wilson of FL................................ Yea Mr. LaMalfa....................... Nay
Mr. Payne....................................... Yea Mr. Westerman..................... Nay
Mr. Lowenthal................................... Yea Mr. Mast.......................... Nay
Mr. DeSaulnier.................................. Yea Mr. Gallagher..................... ............
Mr. Lynch....................................... Yea Mr. Fitzpatrick................... Yea
Mr. Carbajal.................................... Yea Miss Gonzalez-Colon............... Yea
Mr. Brown....................................... Yea Mr. Balderson..................... Nay
Mr. Malinowski.................................. Yea Mr. Stauber....................... Nay
Mr. Stanton..................................... Yea Mr. Burchett...................... Nay
Mr. Allred...................................... Yea Mr. Johnson of SD................. Nay
Ms. Davids of KS................................ Yea Mr. Van Drew...................... Yea
Mr. Garcia of IL................................ Yea Mr. Guest......................... Nay
Mr. Delgado..................................... Yea Mr. Nehls......................... Nay
Mr. Pappas...................................... Yea Ms. Mace.......................... Nay
Mr. Lamb........................................ Yea Ms. Malliotakis................... Yea
Mr. Moulton..................................... Yea Ms. Van Duyne..................... Nay
Mr. Auchincloss................................. Yea Mr. Gimenez....................... Nay
Ms. Bourdeaux................................... Yea Mrs. Steel........................ Nay
Mr. Kahele...................................... Yea
Ms. Strickland.................................. Yea
Ms. Williams of GA.............................. Yea
Ms. Newman...................................... Yea
Mr. Carter...................................... Yea
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
restore and maintain the chemical, physical, and biological
integrity of the nation's waters by reauthorizing federal
appropriations to provide financial assistance to states and
communities for the construction of wastewater infrastructure,
and for other purposes.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1915, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
Congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 1915, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section cites the bill as the ``Water Quality
Protection and Job Creation Act of 2021''.
Sec. 2. Wastewater infrastructure workforce investment
This section requires the EPA Administrator
(Administrator), in consultation with the Secretary of Labor,
to issue a report to Congress on the current and future
workforce needs of public wastewater treatment utilities and
actions, including federal investments, that can be taken to
promote workforce development to address these needs.
Sec. 3. Technical assistance to rural, small, and tribal communities
This section authorizes a total of $500 million over fiscal
years 2022 through 2026 for several Clean Water Act grant
authorities related to research, studies, technical assistance,
training, and information under section 104 of the Act, of
which $250 million is designated for grants to provide
technical assistance to rural, small, and tribal communities in
the planning, design, and construction of wastewater facilities
and to achieve and maintain compliance with the Act. The
Administrator is to submit to Congress, not later than two
years after the date of enactment of this section, a report
that describes the implementation of these grants during the
two fiscal years preceding the date of the report, including a
description of the recipients and amounts of such grants.
Sec. 4. State management assistance
This section authorizes a total of $2.5 billion over fiscal
years 2022 through 2026 in grants to states for implementing
state water quality improvement programs (under Section 106 of
the Act).
Sec. 5. Watershed, wet weather, and resiliency projects
This section amends section 122 of the Act to authorize a
new grant eligibility for public wastewater utilities to assess
and address future risks posed by manmade or natural disasters,
including extreme weather events, drought, and sea-level rise,
as well as cybersecurity risks. This section authorizes a total
of $1 billion to municipalities to carry out watershed, wet
weather, and resiliency and security projects, including
measures to reduce cybersecurity vulnerability.
This section also clarifies the application of the American
Made Iron and Steel provisions of Title VI of the Clean Water
Act to activities carried out under this section, as well as
provides that not less than 15 percent of the amounts
appropriated pursuant to this section in a fiscal year shall be
used to provide assistance to municipalities with a population
of less than 10,000 people, to the extent there are sufficient
eligible applications.
Sec. 6. Waiver of matching requirement for grants to the District of
Columbia
This section waives the requirement for the District of
Columbia to provide a non-federal match for wastewater
infrastructure grants provided under Title II of the Act,
aligning the District with treatment of similar funding to U.S.
Territories.
Sec. 7. Pilot program for alternative water source projects
This section amends section 220 of the Act to authorize a
total of $1 billion for grants to carry out alternative water
source projects, including projects for groundwater recharge
and potable reuse.
This section expands the types of projects eligible to
receive funding under this authority to include projects that
reclaim stormwater, as well as certain projects that may be
authorized under the Reclamation Projects Authorization and
Adjustment Act of 1992 (Reclamation Act). However, this section
explicitly excludes from eligibility for assistance under
section 220 of the Clean Water Act any project authorized under
the Reclamation Act that has received any construction funding
under that authority.
In awarding grants under this section, the Committee
expects that the Administrator will evaluate all proposals for
alternative water source projects and award grants to eligible
projects based on the criteria established by this section. The
Committee does not intend for this authority simply to fund
previously authorized projects under the Reclamation Act.
This section also clarifies the application of the American
Made Iron and Steel provisions of Title VI of the Clean Water
Act to activities carried out under this section, as well as
provides that not less than 15 percent of the amounts
appropriated pursuant to this section in a fiscal year shall be
used to provide assistance to municipalities with a population
of less than 10,000, to the extent there are sufficient
eligible applications.
In addition, consistent with House Report 106-995, projects
that fall within the definition of ``alternative water source
project'' are considered treatment works for the purposes of
section 212 and 513 of the Clean Water Act.
Sec. 8. Sewer overflow and stormwater reuse municipal grants
This section amends section 221 of the Act to authorize a
total of $2 billion over fiscal years 2022 through 2026 in
grants for sewer overflow and stormwater reuse projects, as
well as provides for a greater federal cost share of projects
that serve financially distressed communities.
This section also clarifies the application of the American
Made Iron and Steel provisions of Title VI of the Clean Water
Act to activities carried out under this section, as well as
provides that not less than 20 percent of the amounts
appropriated pursuant to this section in a fiscal year shall be
used to provide assistance to municipalities with a population
of less than 20,000 people, to the extent there are sufficient
eligible applications.
Sec. 9. Grants for the treatment of emerging contaminants
This section authorizes a total of $1 billion over fiscal
years 2022 through 2026 in grants to municipalities for the
implementation of Clean Water Act treatment standards for
emerging contaminants, including per- and polyfluoroalkyl
substances (PFAS). The authorization of funds under this
section is not intended to affect, and does not affect or
supplant, any liability or financial responsibility of any
party responsible for the release or presence of such
contaminants in the environment.
Sec. 10. Household wastewater treatment system grant program
This section authorizes $250 million over fiscal years 2022
through 2026 in grants to assist low-income households to
install, repair, or replace domestic septic systems, or to
attach households with failing septic systems to public sewer
systems. This section prioritizes grant funding to those low-
income households that currently lack access to sewage
treatment technologies, including households that currently use
cesspools to capture or store domestic sewage. The
Administrator is to submit to Congress, not later than two
years after the date of enactment of this section, a report
that describes the recipients of grants and assistance under
this section and the results of the program established under
this section.
Sec. 11. Smart wastewater infrastructure technology grant program
This section authorizes $500 million over fiscal years 2022
through 2026 in grants to municipalities for the modernization
of wastewater collection systems and stormwater management
technologies. The Administrator is to submit to Congress, not
later than 180 days after the date of enactment of this
section, a report that describes the projects funded under this
section, any related improvement of the resiliency of publicly
owned treatment works, and recommendations to improve the grant
program established under this section.
Sec. 12. Reports to Congress
This section directs the Administrator to include in its
statutorily required, biennial needs assessment report, an
estimate of the costs to implement resiliency and
sustainability measures at publicly owned treatment works, as
well as conduct a more-detailed assessment of the wastewater
infrastructure repair and replacement needs.
Section 516 of the Clean Water Act requires the
Administrator, in cooperation with the states, including water
pollution control agencies and other water pollution control
planning agencies, to prepare, and biennially revise, a
detailed cost estimate on the cost of construction of all
needed publicly owned treatment works in each of the states.
This state-by-state survey on clean water infrastructure needs,
which is commonly referred to as the ``Clean Watersheds Needs
Survey,'' is critical to understanding the overall scale of
wastewater infrastructure needs facing the nation, and for
ensuring robust federal participation in addressing that need.
The Committee notes that the last Clean Water Needs Survey was
provided to Congress in January 2016, and includes information
gathered from the states prior to 2012.\52\
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\52\U.S. Environmental Protection Agency. (2016). Clean Watersheds
Needs Survey 2012. Report to Congress. (EPA-830-R-15005). Retrieved
from https://www.epa.gov/sites/production/files/2015-12/documents/
cwns_2012_report_to_congress-508-opt.pdf.
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Pursuant to section 516 of the Clean Water Act, the
Administrator should have provided Congress with a revised
Clean Water Needs Survey in 2018; however, no such report has
been released so far. The Committee expects the Administrator
to follow their legal responsibility under section 516 to
report to Congress every two years on the overall clean water
needs facing the nation and to immediately provide an updated
Clean Water Needs Survey to Congress.
This section also requires the Administrator to conduct an
annual audit of funds utilized by states for green
infrastructure, water- or energy-efficiency improvements, or
other environmentally innovative projects. The Committee
received testimony on the lack of data related to utilization
of Clean Water SRF funds for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities--commonly referred
to as the ``green project reserve'' and which is made permanent
in H.R. 1915, as amended.\53\ In response, this section
requires the Administrator to submit an annual report on the
use of Clean Water Act funds under either section 221 or Title
VI of the Act for projects that fall within the green project
reserve definition, and on the cost and benefits of such
projects, including any potential short- and long-term cost
savings to public utilities and any environmental and community
benefits of implementing such projects.
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\53\See Testimony of Mr. Rebecca Hammer at note 42.
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Sec. 13. Indian tribes
This section codifies in the Act the annual set-aside of
funds from the Clean Water SRF (two percent of annual Clean
Water SRF capitalization grants or $30 million, whichever is
greater) for projects, training, technical assistance, or
education for Indian tribes, reservations, and Alaskan Native
Villages. This provision has been included in annual
Congressional appropriations legislation covering the Clean
Water SRF over the past several years.
This section also authorizes an additional $2.5 billion in
grant assistance to address the backlog of wastewater
infrastructure projects on Tribal lands. Funds appropriated
pursuant to this authority should be awarded in the same
manner, and subject to the same conditions, as funds awarded to
address tribal wastewater infrastructure needs through the
Clean Water SRF and section 518 of the Act.
Sec. 14. Capitalization grants
This section amends section 602 of the Act to: (1) require
utilities that utilize the Clean Water SRF to consider
modifications that promote efficient energy use at the utility
(such as technologies that capture and reuse methane produced
in the treatment of wastewater); and (2) require a minimum of
20 percent of Clean Water SRF capitalization grants be directed
towards certain project categories, including 15 percent for
projects which address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
projects, and five percent for projects that increase the
resiliency of treatment works to extreme weather, drought, sea
level rise, and other impacts of climate change. Potentially
eligible projects include, but are not limited to, replacing
inefficient pumps or pumping systems; rain gardens; permeable
pavements; green roofs; bioswales; and rainwater harvesting.
Sec. 15. Water pollution control revolving loan funds
This section includes grants as eligible state assistance
and directs states to utilize a minimum of 20 percent and a
maximum of 50 percent of their annual Clean Water SRF funding
to provide additional subsidization (including grants) to
municipalities that use SRF funds. This section also clarifies
that Clean Water SRF funding can be used by utilities to
address cybersecurity vulnerabilities at wastewater treatment
operations.
Sec. 16. Allotment of funds
This section authorizes states to use up to one percent of
their annual Clean Water SRF capitalization grants to promote
workforce development and utility worker training and education
programs.
Sec. 17. Reservation of funds for territories of the United States
This section codifies the annual reservation of one-and-a-
half percent of Clean Water SRF funding for the U.S.
Territories, and authorizes the U.S. Territories to use this
funding for projects and activities eligible under section
603(c) of the Act. This provision has been included in annual
Congressional appropriations legislation covering the Clean
Water SRF over the past several years.
Sec. 18. Authorization of appropriations
This section provides a total of $40 billion in funding
authorizations for the Clean Water SRF program for fiscal years
2022 through 2026.
Sec. 19. Technical assistance by Municipal Ombudsman
This section amends the existing authority for EPA to
establish a Municipal Ombudsman Office within the agency to
include assistance to rural, small, and tribal communities.
Sec. 20. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and tribal communities
This section directs the Administrator to initiate a study,
and issue a report to Congress not later than two years after
the date of enactment of this section, on the distribution of
clean water infrastructure funding directed at the wastewater
infrastructure needs of rural, economically disadvantaged, and
Tribal communities.
Sec. 21. Water Reuse Interagency Working Group
This section directs the Administrator to establish a Water
Reuse Interagency Working Group to develop and coordinate
actions and resources to encourage greater reuse of water,
including through implementation of the 2020 National Water
Reuse Action Plan,\54\ and to submit to Congress, not less
frequently than every two years, a report on the activities and
findings of the working group. The working group is to
terminate on the date that is six years after the date of
enactment of the Act.
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\54\The National Water Reuse Action Plan, finalized by EPA in 2020,
seeks to ``promote the consideration of water reuse as a tool to
improve the resiliency, security, and sustainability of the Nation's
water'' See 85 Fed. Reg. 12552 (March 2, 2020).
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Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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 italics, and existing law in which no
change is proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
TITLE I--RESEARCH AND RELATED PROGRAMS
* * * * * * *
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) in cooperation with other Federal, State, and
local agencies, conduct and promote the coordination
and acceleration of, research, investigations,
experiments, training, demonstrations, surveys, and
studies relating to the causes, effects, extent,
prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical
services to pollution control agencies and other
appropriate public or private agencies, institutions,
and organizations, and individuals, including the
general public, in the conduct of activities referred
to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water
pollution control agencies and other interested
agencies, organizations and persons, public
investigations concerning the pollution of any
navigable waters, and report on the results of such
investigations;
(4) establish advisory committees composed of
recognized experts in various aspects of pollution and
representatives of the public to assist in the
examination and evaluation of research progress and
proposals and to avoid duplication of research;
(5) in cooperation with the States, and their
political subdivisions, and other Federal agencies
establish, equip, and maintain a water quality
surveillance system for the purpose of monitoring the
quality of the navigable waters and ground waters and
the contiguous zone and the oceans and the
Administrator shall, to the extent practicable, conduct
such surveillance by utilizing the resources of the
National Aeronautics and Space Administration, the
National Oceanic and Atmospheric Administration, the
Geological Survey, and the Coast Guard, and shall
report on such quality in the report required under
subsection (a) of section 516; and
(6) initiate and promote the coordination and
acceleration of research designed to develop the most
effective practicable tools and techniques for
measuring the social and economic costs and benefits of
activities which are subject to regulations under this
Act; and shall transmit a report on the results of such
research to the Congress not later than January 1,
1974.
(b) In carrying out the provisions of subsection (a) of this
section the Administrator is authorized to--
(1) collect and make available, through publications
and other appropriate means, the results of and other
information, including appropriate recommendations by
him in connection therewith, pertaining to such
research and other activities referred to in paragraph
(1) of subsection (a);
(2) cooperate with other Federal departments and
agencies, State water pollution control agencies,
interstate agencies, other public and private agencies,
institutions, organizations, industries involved, and
individuals, in the preparation and conduct of such
research and other activities referred to in paragraph
(1) of subsection (a);
(3) make grants to State water pollution control
agencies, interstate agencies, other public or
nonprofit private agencies, institutions,
organizations, and individuals, for purposes stated in
paragraph (1) of subsection (a) of this section;
(4) contract with public or private agencies,
institutions, organizations, and individuals, without
regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5), referred to in
paragraph (1) of subsection (a);
(5) establish and maintain research fellowships at
public or nonprofit private educational institutions or
research organizations;
(6) collect and disseminate, in cooperation with
other Federal departments and agencies, and with other
public or private agencies, institutions, and
organizations having related responsibilities, basic
data on chemical, physical, and biological effects of
varying water quality and other information pertaining
to pollution and the prevention, reduction, and
elimination thereof;
(7) develop effective and practical processes,
methods, and prototype devices for the prevention,
reduction, and elimination of pollution; and
(8) make grants to nonprofit organizations--
(A) to provide technical assistance to rural,
small, and tribal municipalities for the
purpose of assisting, in consultation with the
State in which the assistance is provided, such
municipalities and tribal governments in the
planning, developing, and acquisition of
financing for eligible projects and activities
described in section 603(c);
(B) to provide technical assistance and
training for rural, small, and tribal publicly
owned treatment works and decentralized
wastewater treatment systems to enable such
treatment works and systems to protect water
quality and achieve and maintain compliance
with the requirements of this Act; and
(C) to disseminate information to rural,
small, and tribal municipalities and
municipalities that meet the affordability
criteria established under section 603(i)(2) by
the State in which the municipality is located
with respect to planning, design, construction,
and operation of publicly owned treatment works
and decentralized wastewater treatment systems.
(c) In carrying out the provisions of subsection (a) of this
section the Administrator shall conduct research on, and survey
the results of other scientific studies on, the harmful effects
on the health or welfare of persons caused by pollutants. In
order to avoid duplication of effort, the Administrator shall,
to the extent practicable, conduct such research in cooperation
with and through the facilities of the Secretary of Health,
Education, and Welfare.
(d) In carrying out the provisions of this section the
Administrator shall develop and demonstrate under varied
conditions (including conducting such basic and applied
research, studies, and experiments as may be necessary):
(1) Practicable means of treating municipal sewage,
and other waterborne wastes to implement the
requirements of section 201 of this Act;
(2) Improved methods and procedures to identify and
measure the effects of pollutants, including those
pollutants created by new technological developments;
and
(3) Methods and procedures for evaluating the effects
on water quality of augmented streamflows to control
pollution not susceptible to other means of prevention,
reduction, or elimination.
(e) The Administrator shall establish, equip, and maintain
field laboratory and research facilities, including, but not
limited to, one to be located in the northeastern area of the
United States, one in the Middle Atlantic area, one in the
southeastern area, one in the midwestern area, one in the
southwestern area, one in the Pacific Northwest, and one in the
State of Alaska, for the conduct of research, investigations,
experiments, field demonstrations and studies, and training
relating to the prevention, reduction and elimination of
pollution. Insofar as practicable, each such facility shall be
located near institutions of higher learning in which graduate
training in such research might be carried out. In conjunction
with the development of criteria under section 403 of this Act,
the Administrator shall construct the facilities authorized for
the National Marine Water Quality Laboratory established under
this subsection.
(f) The Administrator shall conduct research and technical
development work, and make studies, with respect to the quality
of the waters of the Great Lakes, including an analysis of the
present and projected future water quality of the Great Lakes
under varying conditions of waste treatment and disposal, an
evaluation of the water quality needs of those to be served by
such waters, an evaluation of municipal, industrial, and vessel
waste treatment and disposal practices with respect to such
waters, and a study of alternate means of solving pollution
problems (including additional waste treatment measures) with
respect to such waters.
(g)(1) For the purpose of providing an adequate supply of
trained personnel to operate and maintain existing and future
treatment works and related activities, and for the purpose of
enhancing substantially the proficiency of those engaged in
such activities, the Administrator shall finance pilot
programs, in cooperation with State and interstate agencies,
municipalities, educational institutions, and other
organizations and individuals, of [manpower] workforce
development and training and retraining of persons in, on
entering into, the field of operation and maintenance of
treatment works and related activities. Such program and any
funds expended for such a program shall supplement, not
supplant, other [manpower] workforce and training programs and
funds available for the purposes of this paragraph. The
Administrator is authorized, under such terms and conditions as
he deems appropriate, to enter into agreements with one or more
States, acting jointly or severally, or with other public or
private agencies or institutions for the development and
implementation of such a program.
(2) The Administrator is authorized to enter into agreements
with public and private agencies and institutions, and
individuals to develop and maintain an effective system for
forecasting the supply of, and demand for, various professional
and other occupational categories needed for the prevention,
reduction, and elimination of pollution in each region, State,
or area of the United States and, from time to time, to publish
the results of such forecasts.
(3) In furtherance of the purposes of this Act, the
Administrator is authorized to--
(A) make grants to public or private agencies and
institutions and to individuals for training projects,
and provide for the conduct of training by contract
with public or private agencies and institutions and
with individuals without regard to sections 3648 and
3709 of the Revised Statutes;
(B) establish and maintain research fellowships in
the Environmental Protection Agency with such stipends
and allowances, including traveling and subsistence
expenses, as he may deem necessary to procure the
assistance of the most promising research fellows; and
(C) provide, in addition to the program established
under paragraph (1) of this subsection, training in
technical matters relating to the causes, prevention,
reduction, and elimination of pollution for personnel
of public agencies and other persons with suitable
qualifications.
[(4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31, 1973,
summarizing the actions taken under this subsection and the
effectiveness of such actions, and setting forth the number of
persons trained, the occupational categories for which training
was provided, the effectiveness of other Federal, State, and
local training programs in this field, together with estimates
of future needs, recommendations on improving training
programs, and such other information and recommendations,
including legislative recommendations, as he deems
appropriate.]
(4) Report to congress on publicly owned treatment
works workforce development.--Not later than 2 years
after the date of enactment of the Water Quality
Protection and Job Creation Act of 2021, the
Administrator, in consultation with the Secretary of
Labor, shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the
Senate a report containing--
(A) an assessment of the current and future
workforce needs for publicly owned treatment
works, including an estimate of the number of
future positions needed for such treatment
works and the technical skills and education
needed for such positions;
(B) a summary of actions taken by the
Administrator, including Federal investments
under this chapter, that promote workforce
development to address such needs; and
(C) any recommendations of the Administrator
to address such needs.
(h) The Administrator is authorized to enter into contracts,
with, or make grants to, public or private agencies and
organizations and individuals for (A) the purpose of developing
and demonstrating new or improved methods for the prevention,
removal, reduction, and elimination of pollution in lakes,
including the undesirable effects of nutrients and vegetation,
and (B) the construction of publicly owned research facilities
for such purpose.
(i) The Administrator, in cooperation with the Secretary of
the department in which the Coast Guard is operating, shall--
(1) engage in such research, studies, experiments,
and demonstrations as he deems appropriate, relative to
the removal of oil from any waters and to the
prevention, control, and elimination of oil and
hazardous substances pollution;
(2) publish from time to time the results of such
activities; and
(3) from time to time, develop and publish in the
Federal Register specifications and other technical
information on the various chemical compounds used in
the control of oil and hazardous substances spills.
In carrying out this subsection, the Administrator may enter
into contracts with, or make grants to, public or private
agencies and organizations and individuals.
(j) The Secretary of the department in which the Coast Guard
is operating shall engage in such research, studies,
experiments, and demonstrations as he deems appropriate
relative to equipment which is to be installed on board a
vessel and is designed to receive, retain, treat, or discharge
human body wastes and the wastes from toilets and other
receptacles intended to receive or retain body wastes with
particular emphasis on equipment to be installed on small
recreational vessels. The Secretary of the department in which
the Coast Guard is operating shall report to Congress the
results of such research, studies, experiments, and
demonstrations prior to the effective date of any regulations
established under section 312 of this Act. In carrying out this
subsection the Secretary of the department in which the Coast
Guard is operating may enter into contracts with, or make
grants to, public or private organizations and individuals.
(k) In carrying out the provisions of this section relating
to the conduct by the Administrator of demonstration projects
and the development of field laboratories and research
facilities, the Administrator may acquire land and interests
therein by purchase, with appropriated or donated funds, by
donation, or by exchange for acquired or public lands under his
jurisdiction which he classifies as suitable for disposition.
The values of the properties so exchanged either shall be
approximately equal, or if they are not approximately equal,
the values shall be equalized by the payment of cash to the
grantor or to the Administrator as the circumstances require.
(l)(1) The Administrator shall, after consultation with
appropriate local, State, and Federal agencies, public and
private organizations, and interested individuals, as soon as
practicable but not later than January 1, 1973, develop and
issue to the States for the purpose of carrying out this Act
the latest scientific knowledge available in indicating the
kind and extent of effects on health and welfare which may be
expected from the presence of pesticides in the water in
varying quantities. He shall revise and add to such information
whenever necessary to reflect developing scientific knowledge.
(2) The President shall, in consultation with appropriate
local, State, and Federal agencies, public and private
organizations, and interested individuals, conduct studies and
investigations of methods to control the release of pesticides
into the environment which study shall include examination of
the persistency of pesticides in the water environment and
alternatives thereto. The President shall submit reports, from
time to time, on such investigations to Congress together with
his recommendations for any necessary legislation.
(m)(1) The Administrator shall, in an effort to prevent
degradation of the environment from the disposal of waste oil,
conduct a study of (A) the generation of used engine, machine,
cooling, and similar waste oil, including quantities generated,
the nature and quality of such oil, present collecting methods
and disposal practices, and alternate uses of such oil; (B) the
long-term, chronic biological effects of the disposal of such
waste oil; and (C) the potential market for such oils,
including the economic and legal factors relating to the sale
of products made from such oils, the level of subsidy, if any,
needed to encourage the purchase by public and private
nonprofit agencies of products from such oil, and the
practicability of Federal procurement, on a priority basis, of
products made from such oil. In conducting such study, the
Administrator shall consult with affected industries and other
persons.
(2) The Administrator shall report the preliminary results of
such study to Congress within six months after the date of
enactment of the Federal Water Pollution Control Act Amendments
of 1972, and shall submit a final report to Congress within 18
months after such date of enactment.
(n)(1) The Administrator shall, in cooperation with the
Secretary of the Army, the Secretary of Agriculture, the Water
Resources Council, and with other appropriate Federal, State,
interstate, or local public bodies and private organizations,
institutions, and individuals, conduct and promote, encourage
contributions to, continuing comprehensive studies of the
effects of pollution, including sedimentation, in the estuaries
and estuarine zones of the United States on fish and wildlife,
on sport and commercial fishing, on recreation, on water supply
and water power, and on other beneficial purposes. Such studies
shall also consider the effect of demographic trends, the
exploitation of mineral resources and fossil fuels, land and
industrial development, navigation, flood and erosion control,
and other uses of estuaries and estuarine zones upon the
pollution of the waters therein.
(2) In conducting such studies, the Administrator shall
assemble, coordinate, and organize all existing pertinent
information on the Nation's estuaries and estuarine zones;
carry out a program of investigations and surveys to supplement
existing information in representative estuaries and estuarine
zones; and identify the problems and areas where further
research and study are required.
(3) The Administrator shall submit to Congress, from time to
time, reports of the studies authorized by this subsection but
at least one such report during any six-year period. Copies of
each such report shall be made available to all interested
parties, public and private.
(4) For the purpose of this subsection, the term ``estuarine
zones'' means an environmental system consisting of an estuary
and those transitional areas which are consistently influenced
or affected by water from an estuary such as, but not limited
to, salt marshes, coastal and intertidal areas, bays, harbors,
lagoons, inshore waters, and channels, and the term ``estuary''
means all or part of the mouth of a river or stream or other
body of water having unimpaired natural connection with open
sea and within which the sea water is measurably diluted with
fresh water derived from land drainage.
(o)(1) The Administrator shall conduct research and
investigations on devices, systems, incentives, pricing policy,
and other methods of reducing the total flow of sewage,
including, but not limited to, unnecessary water consumption in
order to reduce the requirements for, and the costs of, sewage
and waste treatment services. Such research and investigations
shall be directed to develop devices, systems, policies, and
methods capable of achieving the maximum reduction of
unnecessary water consumption.
(2) The Administrator shall report the preliminary results of
such studies and investigations to the Congress within one year
after the date of enactment of the Federal Water Pollution
Control Act Amendments of 1972, and annually thereafter in the
report required under subsection (a) of section 516. Such
report shall include recommendations for any legislation that
may be required to provide for the adoption and use of devices,
systems, policies, or other methods of reducing water
consumption and reducing the total flow of sewage. Such report
shall include an estimate of the benefits to be derived from
adoption and use of such devices, systems, policies, or other
methods and also shall reflect estimates of any increase in
private, public, or other cost that would be occasioned
thereby.
(p) In carrying out the provisions of subsection (a) of this
section the Administrator shall, in cooperation with the
Secretary of Agriculture, other Federal agencies, and the
States, carry out a comprehensive study and research program to
determine new and improved methods and the better application
of existing methods of preventing, reducing, and eliminating
pollution from agriculture, including the legal, economic, and
other implications of the use of such methods.
(q)(1) The Administrator shall conduct a comprehensive
program of research and investigation and pilot project
implementation into new and improved methods of preventing,
reducing, storing, collecting, treating, or otherwise
eliminating pollution from sewage in rural and other areas
where collection of sewage in conventional, community-wide
sewage collection systems is impractical, uneconomical, or
otherwise infeasible, or where soil conditions or other factors
preclude the use of septic tank and drainage field systems.
(2) The Administrator shall conduct a comprehensive program
of research and investigation and pilot project implementation
into new and improved methods for the collection and treatment
of sewage and other liquid wastes combined with the treatment
and disposal of solid wastes.
(3) The Administrator shall establish, either within the
Environmental Protection Agency, or through contract with an
appropriate public or private non-profit organization, a
national clearinghouse which shall (A) receive reports and
information resulting from research, demonstrations, and other
projects funded under this Act related to paragraph (1) of this
subsection and to subsection (e)(2) of section 105; (B)
coordinate and disseminate such reports and information for use
by Federal and State agencies, municipalities, institutions,
and persons in developing new and improved methods pursuant to
this subsection; and (C) provide for the collection and
dissemination of reports and information relevant to this
subsection from other Federal and State agencies, institutions,
universities, and persons.
(4) Small flows clearinghouse.--Notwithstanding
section 205(d) of this Act, from amounts that are set
aside for a fiscal year under section 205(i) of this
Act and are not obligated by the end of the 24-month
period of availability for such amounts under section
205(d), the Administrator shall make available
$1,000,000 or such unobligated amount, whichever is
less, to support a national clearinghouse within the
Environmental Protection Agency to collect and
disseminate information on small flows of sewage and
innovative or alternative wastewater treatment
processes and techniques, consistent with paragraph
(3). This paragraph shall apply with respect to amounts
set aside under section 205(i) for which the 24-month
period of availability referred to in the preceding
sentence ends on or after September 30, 1986.
(r) The Administrator is authorized to make grants to
colleges and universities to conduct basic research into the
structure and function of fresh water aquatic ecosystems, and
to improve understanding of the ecological characteristics
necessary to the maintenance of the chemical, physical, and
biological integrity of freshwater aquatic ecosystems.
(s) The Administrator is authorized to make grants to one or
more institutions of higher education (regionally located and
to be designated as ``River Study Centers'') for the purpose of
conducting and reporting on interdisciplinary studies on the
nature of river systems, including hydrology, biology, ecology,
economics, the relationship between river uses and land uses,
and the effects of development within river basins on river
systems and on the value of water resources and water related
activities. No such grant in any fiscal year shall exceed
$1,000,000.
(t) The Administrator shall, in cooperation with State and
Federal agencies and public and private organizations, conduct
continuing comprehensive studies of the effects and methods of
control of thermal discharges. In evaluating alternative
methods of control the studies shall consider (1) such data as
are available on the latest available technology, economic
feasibility including cost-effectiveness analysis, and (2) the
total impact on the environment, considering not only water
quality but also air quality, land use, and effective
utilization and conservation of fresh water and other natural
resources. Such studies shall consider methods of minimizing
adverse effects and maximizing beneficial effects of thermal
discharges. The results of these studies shall be reported by
the Administrator as soon as practicable, but not later than
270 days after enactment of this subsection, and shall be made
available to the public and the States, and considered as they
become available by the Administrator in carrying out section
316 of this Act and by the State in proposing thermal water
quality standards.
(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 $100,000,000 for
each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), except that not less than
half of the amounts so appropriated to carry out such
subsections in each such fiscal year shall be used for carrying
out subsection (b)(8).
(v) Studies Concerning Pathogen Indicators in Coastal
Recreation Waters.--Not later than 18 months after the date of
the enactment of this subsection, after consultation and in
cooperation with appropriate Federal, State, tribal, and local
officials (including local health officials), the Administrator
shall initiate, and, not later than 3 years after the date of
the enactment of this subsection, shall complete, in
cooperation with the heads of other Federal agencies, studies
to provide additional information for use in developing--
(1) an assessment of potential human health risks
resulting from exposure to pathogens in coastal
recreation waters, including nongastrointestinal
effects;
(2) appropriate and effective indicators for
improving detection in a timely manner in coastal
recreation waters of the presence of pathogens that are
harmful to human health;
(3) appropriate, accurate, expeditious, and cost-
effective methods (including predictive models) for
detecting in a timely manner in coastal recreation
waters the presence of pathogens that are harmful to
human health; and
(4) guidance for State application of the criteria
for pathogens and pathogen indicators to be published
under section 304(a)(9) to account for the diversity of
geographic and aquatic conditions.
(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 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.
* * * * * * *
grants for pollution control programs
Sec. 106. (a) There are hereby authorized to be appropriated
the following sums, to remain available until expended, to
carry out the purposes of this section--
(1) $60,000,000 for the fiscal year ending June 30,
1973; [and]
(2) $75,000,000 for the fiscal year ending June 30,
1974, and the fiscal year ending June 30, 1975,
$100,000,000 per fiscal year for the fiscal years 1977,
1978, 1979, and 1980, $75,000,000 per fiscal year for
the fiscal years 1981 and 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and
$75,000,000 per fiscal year for each of the fiscal
years 1986 through 1990;
(3) such sums as may be necessary for each of fiscal
years 1991 through 2021; and
(4) $500,000,000 for each of fiscal years 2022
through 2026;
for grants to States and to interstate agencies to assist them
in administering programs for the prevention, reduction, and
elimination of pollution, including enforcement directly or
through appropriate State law enforcement officers or agencies.
(b) From the sums appropriated in any fiscal year, the
Administrator shall make allotments to the several States and
interstate agencies in accordance with regulations promulgated
by him on the basis of the extent of the pollution problem in
the respective States.
(c) The Administrator is authorized to pay to each State and
interstate agency each fiscal year either--
(1) the allotment of such State or agency for such
fiscal year under subsection (b), or
(2) the reasonable costs as determined by the
Administrator of developing and carrying out a
pollution program by such State or agency during such
fiscal year,
which ever amount is the lesser.
(d) No grant shall be made under this section to any State or
interstate agency for any fiscal year when the expenditure of
non-Federal funds by such State or interstate agency during
such fiscal year for the recurrent expenses of carrying out its
pollution control program are less than the expenditure by such
State or interstate agency of non-Federal funds for such
recurrent program expenses during the fiscal year ending June
30, 1971.
(e) [Beginning in fiscal year 1974 the] The Administrator
shall not make any grant under this section to any State which
has not provided or is not carrying out as a part of its
program--
(1) the establishment and operation of appropriate
devices, methods, systems, and procedures necessary to
monitor, and to compile and analyze data on (including
classification according to eutrophic condition), the
quality of navigable waters and to the extent
practicable, ground waters including biological
monitoring; and provision for annually updating such
data and including it in the report required under
section 305 of this Act;
(2) authority comparable to that in section 504 of
this Act and adequate contingency plans to implement
such authority.
(f) Grants shall be made under this section on condition
that--
(1) Such State (or interstate agency) filed with the
Administrator within one hundred and twenty days after
the date of enactment of this section:
(A) a summary report of the current status of
the State pollution control program, including
the criteria used by the State in determining
priority of treatment works; and
(B) such additional information, data, and
reports as the Administrator may require.
(2) No federally assumed enforcement as defined in
section 309(a)(2) is in effect with respect to such
State or interstate agency.
(3) Such State (or interstate agency) submits within
one hundred and twenty days after the date of enactment
of this section and before October 1 of each year
thereafter for the Administrator's approval of its
program for the prevention, reduction, and elimination
of pollution in accordance with purposes and provisions
of this Act in such form and content as the
Administrator may prescribe.
(g) Any sums allotted under subsection (b) in any fiscal year
which are not paid shall be reallotted by the Administrator in
accordance with regulations promulgated by him.
* * * * * * *
SEC. 122. [WATERSHED PILOT PROJECTS] WATERSHED, WET WEATHER, AND
RESILIENCY PROJECTS.
(a) In General.--The Administrator, in coordination with the
States, may provide technical assistance and grants to a
municipality or municipal entity to carry out [pilot] projects
relating to the following areas:
(1) Watershed management of wet weather discharges.--
The management of municipal combined sewer overflows,
sanitary sewer overflows, and stormwater discharges, on
an integrated watershed or subwatershed basis for the
purpose of demonstrating the effectiveness of a unified
wet weather approach.
(2) Stormwater best management practices.--The
control of pollutants from municipal separate storm
sewer systems for the purpose of demonstrating and
determining controls that are cost-effective and that
use innovative technologies to manage, reduce, treat,
recapture, or reuse municipal stormwater, including
techniques that utilize infiltration,
evapotranspiration, and reuse of stormwater onsite.
(3) Watershed partnerships.--Efforts of
municipalities and property owners to demonstrate
cooperative ways to address nonpoint sources of
pollution to reduce adverse impacts on water quality.
(4) Integrated water resource plan.--The development
of an integrated water resource plan for the
coordinated management and protection of surface water,
ground water, and stormwater resources on a watershed
or subwatershed basis to meet the objectives, goals,
and policies of this Act.
(5) Municipality-wide stormwater management
planning.--The development of a municipality-wide plan
that identifies the most effective placement of
stormwater technologies and management approaches, to
reduce water quality impairments from stormwater on a
municipality-wide basis.
[(6) Increased resilience of treatment works.--
Efforts to assess future risks and vulnerabilities of
publicly owned treatment works to manmade or natural
disasters, including extreme weather events and sea-
level rise, and to carry out measures, on a systemwide
or area-wide basis, to increase the resiliency of
publicly owned treatment works.]
(6) Increased resilience of treatment works.--
Efforts--
(A) to assess future risks and
vulnerabilities of publicly owned treatment
works to manmade or natural disasters,
including extreme weather events, drought, and
sea level rise; and
(B) to carry out the planning, design, or
construction of projects, on a systemwide or
areawide basis, to increase the resilience of
publicly owned treatment works through--
(i) the conservation of water or the
enhancement of water use efficiency;
(ii) the enhancement of wastewater
(including stormwater) management by
increasing watershed preservation and
protection, including through--
(I) the use of green
infrastructure; or
(II) the reclamation and
reuse of wastewater (including
stormwater), such as through
aquifer recharge zones;
(iii) the modification or relocation
of an existing publicly owned treatment
works at risk of being significantly
impaired or damaged by a manmade or
natural disaster;
(iv) the enhancement of energy
efficiency, or the use or generation of
recovered or renewable energy, in the
management, treatment, or conveyance of
wastewater (including stormwater); or
(v) other activities that the
Administrator determines will address
identified vulnerabilities to manmade
or natural disasters, including
activities to address cybersecurity
vulnerabilities of publicly owned
treatment works.
(b) Administration.--The Administrator, in coordination with
the States, shall provide municipalities participating in a
[pilot] project under this section the ability to engage in
innovative practices, including the ability to unify separate
wet weather control efforts under a single permit.
[(c) Report to Congress.--Not later than October 1, 2015, the
Administrator shall transmit to Congress a report on the
results of the pilot projects conducted under this section and
their possible application nationwide.]
(c) Requirements.--The requirements of section 608 shall
apply to any construction, alteration, maintenance, or repair
of treatment works carried out using a grant under this
section.
(d) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in
a fiscal year to provide assistance to municipalities with a
population of less than 10,000, or for economically
disadvantaged communities (as defined in section 20 of the
Water Quality Protection and Job Creation Act of 2021), to the
extent there are sufficient eligible applications.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $200,000,000 for each
of fiscal years 2022 through 2026.
* * * * * * *
TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
* * * * * * *
federal share
Sec. 202. (a)(1) The amount of any grant for treatment works
made under this Act from funds authorized for any fiscal year
beginning after June 30, 1971, and ending before October 1,
1984, shall be 75 per centum of the cost of construction
thereof (as approved by the Administrator), and for any fiscal
year beginning on or after October 1, 1984, shall be 55 per
centum of the cost of construction thereof (as approved by the
Administrator), unless modified to a lower percentage rate
uniform throughout a State by the Governor of that State with
the concurrence of the Administrator. Within ninety days after
the enactment of this sentence the Administrator shall issue
guidelines for concurrence in any such modification, which
shall provide for the consideration of the unobligated balance
of sums allocated to the State under section 205 of this Act,
the need for assistance under this title in such State, and the
availability of State grant assistance to replace the Federal
share reduced by such modification. The payment of any such
reduced Federal share shall not constitute an obligation on the
part of the United States or a claim on the part of any State
or grantee to reimbursement for the portion of the Federal
share reduced in any such State. Any grant (other than for
reimbursement) made prior to the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972 from any
funds authorized for any fiscal year beginning after June 30,
1971, shall, upon the request of the applicant, be increased to
the applicable percentage under this section. Notwithstanding
the first sentence of this paragraph, in any case where a
primary, secondary, or advanced waste treatment facility or its
related interceptors or a project for infiltration-in-flow
correction has received a grant for erection, building,
acquisition, alteration, remodeling, improvement, extension, or
correction before October 1, 1984, all segments and phases of
such facility, interceptors, and project for infiltration-in-
flow correction shall be eligible for grants at 75 per centum
of the cost of construction thereof for any grant made pursuant
to a State obligation which obligation occurred before October
1, 1990. Notwithstanding the first sentence of this paragraph,
in the case of a project for which an application for a grant
under this title has been made to the Administrator before
October 1, 1984, and which project is under judicial injunction
on such date prohibiting its construction, such project shall
be eligible for grants at 75 percent of the cost of
construction thereof. Notwithstanding the first sentence of
this paragraph, in the case of the Wyoming Valley Sanitary
Authority project mandated by judicial order under a proceeding
begun prior to October 1, 1984, and a project for wastewater
treatment for Altoona, Pennsylvania, such projects shall be
eligible for grants at 75 percent of the cost of construction
thereof.
(2) The amount of any grant made after September 30, 1978,
and before October 1, 1981, for any eligible treatment works or
significant portion thereof utilizing innovative or alternative
wastewater treatment processes and techniques referred to in
section 201(g)(5) shall be 85 per centum of the cost of
construction thereof, unless modified by the Governor of the
State with the concurrence of the Administrator to a percentage
rate no less than 15 per centum greater than the modified
uniform percentage rate in which the Administrator has
concurred pursuant to paragraph (1) of this subsection. The
amount of any grant made after September 30, 1981, for any
eligible treatment works or unit processes and techniques
thereof utilizing innovative or alternative wastewater
treatment processes and techniques referred to in section
201(g)(5) shall be a percentage of the cost of construction
thereof equal to 20 per centum greater than the percentage in
effect under paragraph (1) of this subsection for such works or
unit processes and techniques, but in no event greater than 85
per centum of the cost of construction thereof. No grant shall
be made under this paragraph for construction of a treatment
works in any State unless the proportion of the State
contribution to the non-Federal share of construction costs for
all treatment works in such State receiving a grant under this
paragraph is the same as or greater than the proportion of the
State contribution (if any) to the non-Federal share of
construction costs for all treatment works receiving grants in
such State under paragraph (1) of this subsection.
(3) In addition to any grant made pursuant to paragraph (2)
of this subsection, the Administrator is authorized to make a
grant to fund all of the costs of the modification or
replacement of any facilities constructed with a grant made
pursuant to paragraph (2) if the Administrator finds that such
facilities have not met design performance specifications
unless such failure is attributable to negligence on the part
of any person and if such failure has significantly increased
capital or operating and maintenance expenditures. In addition,
the Administrator is authorized to make a grant to fund all of
the costs of the modification or replacement of biodisc
equipment (rotating biological contactors) in any publicly
owned treatment works if the Administrator finds that such
equipment has failed to meet design performance specifications,
unless such failure is attributable to negligence on the part
of any person, and if such failure has significantly increased
capital or operating and maintenance expenditures.
(4) For the purposes of this section, the term ``eligible
treatment works'' means those treatment works in each State
which meet the requirements of section 201(g)(5) of this Act
and which can be fully funded from funds available for such
purpose in such State.
(5) Notwithstanding any other provision of this subsection,
in the case of a project for a treatment works in the District
of Columbia, such a project shall be eligible for grants at 100
percent of the cost of construction thereof.
(b) The amount of the grant for any project approved by the
Administrator after January 1, 1971, and before July 1, 1971,
for the construction of treatment works, the actual erection,
building or acquisition of which was not commenced prior to
July 1, 1971, shall, upon the request of the applicant, be
increased to the applicable percentage under subsection (a) of
this section for grants for treatment works from funds for
fiscal years beginning after June 30, 1971, with respect to the
cost of such actual erection, building, or acquisition. Such
increased amount shall be paid from any funds allocated to the
State in which the treatment works is located without regard to
the fiscal year for which such funds were authorized. Such
increased amount shall be paid for such project only if--
(1) a sewage collection system that is a part of the
same total waste treatment system as the treatment
works for which such grant was approved is under
construction or is to be constructed for use in
conjunction with such treatment works, and if the cost
of such sewage collection system exceeds the cost of
such treatment works, and
(2) the State water pollution control agency or other
appropriate State authority certifies that the quantity
of available ground water will be insufficient,
inadequate, or unsuitable for public use, including the
ecological preservation and recreational use of surface
water bodies, unless effluents from publicly-owned
treatment works after adequate treatment are returned
to the ground water consistent with acceptable
technological standards.
(c) Notwithstanding any other provision of law, sums allotted
to the Commonwealth of Puerto Rico under section 205 of this
Act for fiscal year 1981 shall remain available for obligation
for the fiscal year for which authorized and for the period of
the next succeeding twenty-four months. Such sums and any
unobligated funds available to Puerto Rico from allotments for
fiscal years ending prior to October 1, 1981, shall be
available for obligation by the Administrator of the
Environmental Protection Agency only to fund the following
systems: Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy
Hatillo. These funds may be used by the Commonwealth of Puerto
Rico to fund the non-Federal share of the costs of such
projects. To the extent that these funds are used to pay the
non-Federal share, the Commonwealth of Puerto Rico shall repay
to the Environmental Protection Agency such amounts on terms
and conditions developed and approved by the Administrator in
consultation with the Governor of the Commonwealth of Puerto
Rico. Agreement on such terms and conditions, including the
payment of interest to be determined by the Secretary of the
Treasury, shall be reached prior to the use of these funds for
the Commonwealth's non-Federal share. No Federal funds awarded
under this provision shall be used to replace local governments
funds previously expended on these projects.
* * * * * * *
SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Policy.--Nothing in this section shall be construed to
affect the application of section 101(g) of this Act and all of
the provisions of this section shall be carried out in
accordance with the provisions of section 101(g).
(b) In General.--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) 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) 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.).]
(1) Limitation on eligibility.--A project that has
received construction funds under the Reclamation
Projects Authorization and Adjustment Act of 1992 shall
not be eligible for grant assistance under this
section.
[(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.]
(e) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in
a fiscal year to provide assistance to eligible entities for
projects designed to serve fewer than 10,000 individuals, to
the extent there are sufficient eligible applications.
(f) Uses of Grants.--Amounts from grants received under this
section may be used for engineering, design, construction, and
final testing of alternative water source projects designed to
meet critical water supply needs. Such amounts may not be used
for planning, feasibility studies or for operation,
maintenance, replacement, repair, or rehabilitation.
(g) Cost Sharing.--The Federal share of the eligible costs of
an alternative water source project carried out using
assistance made available under this section shall not exceed
50 percent.
(h) Reports.--On or before September 30, 2004, the
Administrator shall transmit to Congress a report on the
results of the pilot program established under this section,
including progress made toward meeting the critical water
supply needs of the participants in the pilot program.
(i) Requirements.--The requirements of section 608 shall
apply to any construction of an alternative water source
project carried out using assistance made available under this
section.
[(i)] (j) 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] (including stormwater), or by treating
wastewater (including stormwater) for groundwater
recharge, potable reuse, or other purposes. 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.
[(j)] (k) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section [a
total of $75,000,000 for fiscal years 2002 through 2004]
$200,000,000 for each of fiscal years 2022 through 2026. Such
sums shall remain available until expended.
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) 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).
(b) Prioritization.--In selecting from among municipalities
applying for grants under subsection (a), a State or the
Administrator shall give priority to an applicant that--
(1) is a municipality that is a financially
distressed community under subsection (c);
(2) has implemented or is complying with an
implementation schedule for the nine minimum controls
specified in the CSO control policy referred to in
section 402(q)(1) and has begun implementing a long-
term municipal combined sewer overflow control plan or
a separate sanitary sewer overflow control plan;
(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c);
or
(4) is an Alaska Native Village.
(c) Financially Distressed Community.--
(1) Definition.--In [subsection (b),] this section,
the term ``financially distressed community'' means a
community that meets affordability criteria established
by the State in which the community is located, if such
criteria are developed after public review and comment.
(2) Consideration of impact on water and sewer
rates.--In determining if a community is a distressed
community for the purposes of [subsection (b),] this
section, the State shall consider, among other factors,
the extent to which the rate of growth of a community's
tax base has been historically slow such that
implementing a plan described in subsection (b)(2)
would result in a significant increase in any water or
sewer rate charged by the community's publicly owned
wastewater treatment facility.
(3) Information to assist states.--The Administrator
may publish information to assist States in
establishing affordability criteria under paragraph
(1).
(d) Cost-Sharing.--[The Federal share]
(1) Federal share._
(A) In general._Except as provided in
subparagraph (B), 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]
(B) Financially distressed communities.--The
Federal share of the cost of activities carried
out using amounts from a grant made to a
financially distressed community under
subsection (a) shall be not less than 75
percent of the cost.
(2) Non-federal share._The non-Federal share of the
cost 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.
(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to
the same requirements as a project that receives assistance
from a State water pollution control revolving fund under title
VI, except to the extent that the Governor of the State in
which the project is located determines that a requirement of
title VI is inconsistent with the purposes of this section. For
the purposes of this subsection, a Governor may not determine
that the requirements of title VI relating to the application
of [section 513] section 513, or the requirements of section
608, are inconsistent with the purposes of this section.
(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, and
$400,000,000 for each of fiscal years 2022 through
2026.
(2) Minimum allocations.--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.
(3) Assistance.--In carrying out subsection (a), the
Administrator shall ensure that, of the amounts granted
to municipalities in a State, not less than 20 percent
is granted to municipalities with a population of less
than 20,000, to the extent there are sufficient
eligible applications.
(g) Allocation of Funds.--
(1) Fiscal year 2019.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2019 for making
grants to municipalities and municipal entities under
subsection (a)(2) in accordance with the criteria set
forth in subsection (b).
(2) Fiscal year 2020 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year
2020 and each fiscal year thereafter for making grants
to States under subsection (a)(1) in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls, sanitary
sewer overflow controls, and stormwater identified in
the most recent detailed estimate and comprehensive
study submitted pursuant to section 516 and any other
information the Administrator considers appropriate.
(h) Administrative Expenses.--Of the amounts appropriated to
carry out this section for each fiscal year--
(1) the Administrator may retain an amount not to
exceed 1 percent for the reasonable and necessary costs
of administering this section; and
(2) the Administrator, or a State, may retain an
amount not to exceed 4 percent of any grant made to a
municipality or municipal entity under subsection (a),
for the reasonable and necessary costs of administering
the grant.
(i) Reports.--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 shall
be sufficient to ensure the continued expeditious
implementation of municipal combined sewer overflow and
sanitary sewer overflow controls nationwide.
SEC. 222. EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall award grants to
owners of publicly owned treatment works to be used for the
implementation of a pretreatment standard or effluent
limitation developed pursuant to this Act for the introduction
into a treatment works, or the discharge of, any pollutant that
is a perfluoroalkyl or polyfluoroalkyl substance or any
pollutant identified by the Administrator as a contaminant of
emerging concern.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $200,000,000 for each
of fiscal years 2022 through 2026.
SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a
program to provide grants to municipalities or qualified
nonprofit entities to provide assistance to eligible
individuals--
(1) for the construction, repair, or replacement of
an individual household decentralized wastewater
treatment system;
(2) for the construction of a decentralized
wastewater treatment system designed to provide
wastewater treatment for 2 or more households in which
eligible individuals reside, if--
(A) such a decentralized wastewater treatment
system could be cost-effectively constructed;
and
(B) site conditions at such households are
unsuitable for the construction of an
individual household decentralized wastewater
treatment system; or
(3) in a case in which an eligible individual resides
in a household that could be cost-effectively connected
to an available publicly owned treatment works, for the
connection of the applicable household to such
treatment works.
(b) Application.--To be eligible to receive a grant under
this subsection, a municipality or qualified nonprofit entity
shall submit to the Administrator an application at such time,
in such manner, and containing such information as the
Administrator determines to be appropriate.
(c) Priority.--In providing grants under this section, the
Administrator shall, to the maximum extent practicable,
prioritize applications for activities that will assist
eligible individuals residing in households that are not
connected to a system or technology designed to treat domestic
sewage, including eligible individuals using household
cesspools.
(d) Administrative Expenses.--
(1) In general.--Of the amounts made available under
subsection (h), the Administrator may use not more than
2 percent for administrative costs.
(2) Individual grants.--A municipality or qualified
nonprofit entity may use grant funds provided under
this section to pay the administrative expenses
associated with the provision of the assistance to
eligible individuals under this section, as the
Administrator determines to be appropriate.
(e) 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
and assistance under this section and the results of the
program established under this section.
(f) Application of Other Requirements.--The requirements of
sections 513 and 608 shall apply to any project for the
construction, repair, or replacement of a decentralized
wastewater treatment system, or for the connection of a
household to a treatment works, for which assistance is
received under this section.
(g) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible
individual'' has the meaning given that term in section
603(j).
(2) Qualified nonprofit entity.--The term ``qualified
nonprofit entity'' means an entity determined by the
Administrator to be a qualified nonprofit entity for
purposes of section 603(c)(12).
(h) Authorization of Appropriations.--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.
SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
(a) Grants.--The Administrator shall establish a program to
provide grants to municipalities for projects for the planning,
design, and construction, at publicly owned treatment works,
of--
(1) intelligent sewage or stormwater collection
systems, including such collection systems that
incorporate technologies that rely on--
(A) real-time monitoring (including through
sensors), embedded intelligence, and predictive
maintenance capabilities that improve the
energy efficiency, reliability, and resiliency
of treatment works; and
(B) the use of artificial intelligence and
other intelligent optimization tools that
reduce operational costs, including operational
costs relating to energy consumption and
chemical treatment; or
(2) innovative and alternative combined storm and
sanitary sewer projects, including groundwater
recharge, that rely on real-time data acquisition to
support predictive aquifer recharge through water reuse
and stormwater management capabilities.
(b) Assistance.--The Administrator shall use not less than 20
percent of the amounts appropriated pursuant to this section in
a fiscal year to provide assistance to municipalities with a
population of less than 10,000, to the extent there are
sufficient eligible applications.
(c) Cost Share.--
(1) In general.--The non-Federal share of the costs
of an activity carried out using a grant under this
section shall be 25 percent.
(2) Exception.--The Administrator may waive the cost-
sharing requirement of paragraph (1) if the
Administrator determines that the municipality meets
the affordability criteria established under section
603(i)(2) by the State in which the municipality is
located.
(d) Program Implementation.--
(1) Guidance.--Not later than 30 days after the date
of enactment of this section, the Administrator shall
issue guidance to municipalities on how to apply for a
grant under this section.
(2) Decision on applications.--Not later than 30 days
after the date on which the Administrator receives an
application for a grant under this section, the
Administrator shall determine whether to provide such
grant.
(3) Application deficiency.--If the Administrator
determines that an application for a grant under this
section is incomplete, the Administrator shall notify
the applicant and provide the applicant the opportunity
to resubmit the application.
(4) Consideration.--In determining whether to provide
a grant under this section, the Administrator shall
consider the potential positive effects of the project
on water quality.
(e) Compliance With Buy America.--The requirements of section
608 shall apply to any project for construction for which
assistance is received under this section.
(f) Report to Congress.--Not later than 180 days after the
date of enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report describing
projects funded under this section, any related improvement of
the resiliency of publicly owned treatment works, and
recommendations to improve the grant program established under
this section.
(g) Authorization of Appropriations.--There is authorized to
be appropriated $500,000,000 to carry out this section, to
remain available until expended.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
reports to congress
Sec. 516. (a) Within ninety days following the convening of
each session of Congress, the Administrator shall submit to the
Congress a report, in addition to any other report required by
this Act, on measures taken toward implementing the objective
of this Act, including, but not limited to, (1) the progress
and problems associated with developing comprehensive plans
under section 102 of this Act, areawide plans under section 208
of this Act, basin plans under section 209 of this Act, and
plans under section 303 (e) of this Act; (2) a summary of
actions taken and results achieved in the field of water
pollution control research, experiments, studies, and related
matters by the Administrator and other Federal agencies and by
other persons and agencies under Federal grants or contracts;
(3) the progress and problems associated with the development
of effluent limitations and recommended control techniques; (4)
the status of State programs, including a detailed summary of
the progress obtained as compared to that planned under State
program plans for development and enforcement of water quality
requirements; (5) the identification and status of enforcement
actions pending or completed under such Act during the
preceding year; (6) the status of State, interstate, and local
pollution control programs established pursuant to, and
assisted by, this Act; (7) a summary of the results of the
survey required to be taken under section 210 of this Act; (8)
his activities including recommendations under sections 109
through 111 of this Act; and (9) all reports and
recommendations made by the Water Pollution Control Advisory
Board.
(b)(1) The Administrator, in cooperation with the States,
including water pollution control agencies and other water
pollution control planning agencies, shall make (A) a detailed
estimate of the cost of carrying out the provisions of this
Act;[(B) a detailed estimate, biennially revised, of the cost
of construction of all needed publicly owned treatment works in
all of the States and of the cost of construction of all needed
publicly owned treatment works in each of the States;] (B) a
detailed estimate, biennially revised, of the cost of
construction of all planned publicly owned treatment works in
all of the States and all needed publicly owned treatment works
in all of the States, and the cost of construction of all
planned publicly owned treatment works in each of the States
and all needed publicly owned treatment works in each of the
States, which estimates shall include (i) the cost of
construction to rehabilitate or upgrade all existing publicly
owned treatment works (excluding any pipe or other device or
system for the conveyance of wastewater), every 20 years,
including the costs to implement measures necessary to address
the resilience and sustainability of publicly owned treatment
works to manmade or natural disasters, and (ii) the cost of
construction to replace 10 percent of existing publicly owned
pipes and other devices and systems for the conveyance of
wastewater to such treatment works over the 20-year period
following the date of the estimate; (C) a comprehensive study
of the economic impact on affected units of government of the
cost of installation of treatment facilities; and (D) a
comprehensive analysis of the national requirements for and the
cost of treating municipal, industrial, and other effluent to
attain the water quality objectives as established by this Act
or applicable State law. The Administrator shall submit such
detailed estimate and such comprehensive study of such cost to
the Congress no later than February 10 of each odd-numbered
year. Whenever the Administrator, pursuant to this subsection,
requests and receives an estimate of cost from a State, he
shall furnish copies of such estimate together with such
detailed estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of
this subsection, the Administrator shall make a preliminary
detailed estimate called for by subparagraph (B) of such
paragraph and shall submit such preliminary detailed estimate
to the Congress no later than September 3, 1974. The
Administrator shall require each State to prepare an estimate
of cost for such State, and shall utilize the survey form EPA-
1, O.M.B. No. 158-R0017, prepared for the 1973 detailed
estimate, except that such estimate shall include all costs of
compliance with section 201(g)(2)(A) of this Act and water
quality standards established pursuant to section 303 of this
Act, and all costs of treatment works as defined in section
212(2), including all eligible costs of constructing sewage
collection systems and correcting excessive infiltration or
inflow and all eligible costs of correcting combined storm and
sanitary sewer problems and treating storm water flows. The
survey form shall be distributed by the Administrator to each
State no later than January 31, 1974.
(c) The Administrator shall submit to the Congress by October
1, 1978, a report on the status of combined sewer overflows in
municipal treatment works operations. The report shall include
(1) the status of any projects funded under this Act to address
combined sewer overflows (2) a listing by State of combined
sewer overflow needs identified in the 1977 State priority
listings, (3) an estimate for each applicable municipality of
the number of years necessary, assuming an annual authorization
and appropriation for the construction grants program of
$5,000,000,000, to correct combined sewer overflow problems,
(4) an analysis using representative municipalities faced with
major combined sewer overflow needs, of the annual discharges
of pollutants from overflows in comparison to treated effluent
discharges, (5) an analysis of the technological alternatives
available to municipalities to correct major combined sewer
overflow problems, and (6) any recommendations of the
Administrator for legislation to address the problem of
combined sewer overflows, including whether a separate
authorization and grant program should be established by the
Congress to address combined sewer overflows.
(d) The Administrator, in cooperation with the States,
including water pollution control agencies, and other water
pollution control planning agencies, and water supply and water
resources agencies of the States and the United States shall
submit to Congress, within two years of the date of enactment
of this section, a report with recommendations for legislation
on a program to require coordination between water supply and
wastewater control plans as a condition to grants for
construction of treatment works under this Act. No such report
shall be submitted except after opportunity for public hearings
on such proposed report.
(e) State Revolving Fund Report.--
(1) In general.--Not later than February 10, 1990,
the Administrator shall submit to Congress a report on
the financial status and operations of water pollution
control revolving funds established by the States under
title VI of this Act. The Administrator shall prepare
such report in cooperation with the States, including
water pollution control agencies and other water
pollution control planning and financing agencies.
(2) Contents.--The report under this subsection shall
also include the following:
(A) an inventory of the facilities that are
in significant noncompliance with the
enforceable requirements of this Act;
(B) an estimate of the cost of construction
necessary to bring such facilities into
compliance with such requirements;
(C) an assessment of the availability of
sources of funds for financing such needed
construction, including an estimate of the
amount of funds available for providing
assistance for such construction through
September 30, 1999, from the water pollution
control revolving funds established by the
States under title VI of this Act;
(D) an assessment of the operations, loan
portfolio, and loan conditions of such
revolving funds;
(E) an assessment of the effect on user
charges of the assistance provided by such
revolving funds compared to the assistance
provided with funds appropriated pursuant to
section 207 of this Act; and
(F) an assessment of the efficiency of the
operation and maintenance of treatment works
constructed with assistance provided by such
revolving funds compared to the efficiency of
the operation and maintenance of treatment
works constructed with assistance provided
under section 201 of this Act.
(f) Annual Report on Use of Funds.--Not later than 18 months
after the date of enactment of this subsection, and annually
thereafter, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that--
(1) identifies projects that are--
(A) described in clause (i) or (ii) of
section 602(b)(15)(A); and
(B) carried out using funds made available
under or pursuant to section 221 or title VI;
and
(2) identifies, to the extent practicable, the costs
and benefits of such projects, including any potential
short- and long-term cost savings to publicly owned
treatment works and any environmental and community
benefits of implementing such projects.
* * * * * * *
SEC. 518. INDIAN TRIBES.
(a) Policy.--Nothing in this section shall be construed to
affect the application of section 101(g) of this Act, and all
of the provisions of this section shall be carried out in
accordance with the provisions of such section 101(g). Indian
tribes shall be treated as States for purposes of such section
101(g).
(b) Assessment of Sewage Treatment Needs; Report.--The
Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment
works to serve Indian tribes, the degree to which such needs
will be met through funds allotted to States under section 205
of this Act and priority lists under section 216 of this Act,
and any obstacles which prevent such needs from being met. Not
later than one year after the date of the enactment of this
section, the Administrator shall submit a report to Congress on
the assessment under this subsection, along with
recommendations specifying (1) how the Administrator intends to
provide assistance to Indian tribes to develop waste treatment
management plans and to construct treatment works under this
Act, and (2) methods by which the participation in and
administration of programs under this Act by Indian tribes can
be maximized.
(c) Reservation of Funds.--
[(1) Fiscal years 1987-2014.--The Administrator shall
reserve each of fiscal years 1987 through 2014, before
allotments to the States under section 205(e), one-half
of one percent of the sums appropriated under section
207.
[(2) Fiscal year 2015 and thereafter.--For fiscal
year 2015 and each fiscal year thereafter, the
Administrator shall reserve, before allotments to the
States under section 604(a), not less than 0.5 percent
and not more than 2.0 percent of the funds made
available to carry out title VI.]
(1) In general.--For each fiscal year, the
Administrator shall reserve, of the funds made
available to carry out title VI (before allotments to
the States under section 604(a)), the greater of--
(A) 2 percent of such funds; or
(B) $30,000,000.
(2) Use of funds.--
(A) Grants.--Funds reserved under this
subsection shall be available only for grants
to entities described in paragraph (3) for--
(i) projects and activities eligible
for assistance under section 603(c);
and
(ii) training, technical assistance,
and educational programs relating to
the operation and management of
treatment works eligible for assistance
pursuant to section 603(c).
(B) Limitation.--Not more than $2,000,000 of
such reserved funds may be used for grants
under subparagraph (A)(ii).
(3) [Use of funds] Eligible entities.--Funds
reserved under this subsection shall be available only
for grants [for projects and activities eligible for
assistance under section 603(c) to serve] to--
(A) Indian tribes (as defined in subsection
(h));
(B) former Indian reservations in Oklahoma
(as determined by the Secretary of the
Interior); and
(C) Native villages (as defined in section 3
of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)).
(d) Cooperative Agreements.--In order to ensure the
consistent implementation of the requirements of this Act, an
Indian tribe and the State or States in which the lands of such
tribe are located may enter into a cooperative agreement,
subject to the review and approval of the Administrator, to
jointly plan and administer the requirements of this Act.
(e) Treatment as States.--The Administrator is authorized to
treat an Indian tribe as a State for purposes of title II and
sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404,
and 406 of this Act to the degree necessary to carry out the
objectives of this section, but only if--
(1) the Indian tribe has a governing body carrying
out substantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe
pertain to the management and protection of water
resources which are held by an Indian tribe, held by
the United States in trust for Indians, held by a
member of an Indian tribe if such property interest is
subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation;
and
(3) the Indian tribe is reasonably expected to be
capable, in the Administrator's judgment, of carrying
out the functions to be exercised in a manner
consistent with the terms and purposes of this Act and
of all applicable regulations.
Such treatment as a State may include the direct provision of
funds reserved under subsection (c) to the governing bodies of
Indian tribes, and the determination of priorities by Indian
tribes, where not determined by the Administrator in
cooperation with the Director of the Indian Health Service. The
Administrator, in cooperation with the Director of the Indian
Health Service, is authorized to make grants under title II of
this Act in an amount not to exceed 100 percent of the cost of
a project. Not later than 18 months after the date of the
enactment of this section, the Administrator shall, in
consultation with Indian tribes, promulgate final regulations
which specify how Indian tribes shall be treated as States for
purposes of this Act. The Administrator shall, in promulgating
such regulations, consult affected States sharing common water
bodies and provide a mechanism for the resolution of any
unreasonable consequences that may arise as a result of
differing water quality standards that may be set by States and
Indian tribes located on common bodies of water. Such mechanism
shall provide for explicit consideration of relevant factors
including, but not limited to, the effects of differing water
quality permit requirements on upstream and downstream
dischargers, economic impacts, and present and historical uses
and quality of the waters subject to such standards. Such
mechanism should provide for the avoidance of such unreasonable
consequences in a manner consistent with the objective of this
Act.
(f) Grants for Nonpoint Source Programs.--The Administrator
shall make grants to an Indian tribe under section 319 of this
Act as though such tribe was a State. Not more than one-third
of one percent of the amount appropriated for any fiscal year
under section 319 may be used to make grants under this
subsection. In addition to the requirements of section 319, an
Indian tribe shall be required to meet the requirements of
paragraphs (1), (2), and (3) of subsection (d) of this section
in order to receive such a grant.
(g) Alaska Native Organizations.--No provision of this Act
shall be construed to--
(1) grant, enlarge, or diminish, or in any way affect
the scope of the governmental authority, if any, of any
Alaska Native organization, including any federally-
recognized tribe, traditional Alaska Native council, or
Native council organized pursuant to the Act of June
18, 1934 (48 Stat. 987), over lands or persons in
Alaska;
(2) create or validate any assertion by such
organization or any form of governmental authority over
lands or persons in Alaska; or
(3) in any way affect any assertion that Indian
country, as defined in section 1151 of title 18, United
States Code, exists or does not exist in Alaska.
(h) Definitions.--For purposes of this section, the term--
(1) ``Federal Indian reservation'' means all land
within the limits of any Indian reservation under the
jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and
including rights-of-way running through the
reservation; and
(2) ``Indian tribe'' means any Indian tribe, band,
group, or community recognized by the Secretary of the
Interior and exercising governmental authority over a
Federal Indian reservation.
* * * * * * *
TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
* * * * * * *
SEC. 602. CAPITALIZATION GRANT AGREEMENTS.
(a) General Rule.--To receive a capitalization grant with
funds made available under this title and section 205(m) of
this Act, a State shall enter into an agreement with the
Administrator which shall include but not be limited to the
specifications set forth in subsection (b) of this section.
(b) Specific Requirements.--The Administrator shall enter
into an agreement under this section with a State only after
the State has established to the satisfaction of the
Administrator that--
(1) the State will accept grant payments with funds
to be made available under this title and section
205(m) of this Act in accordance with a payment
schedule established jointly by the Administrator under
section 601(b) of this Act and will deposit all such
payments in the water pollution control revolving fund
established by the State in accordance with this title;
(2) the State will deposit in the fund from State
moneys an amount equal to at least 20 percent of the
total amount of all capitalization grants which will be
made to the State with funds to be made available under
this title and section 205(m) of this Act on or before
the date on which each quarterly grant payment will be
made to the State under this title;
(3) the State will enter into binding commitments to
provide assistance in accordance with the requirements
of this title in an amount equal to 120 percent of the
amount of each such grant payment within 1 year after
the receipt of such grant payment;
(4) all funds in the fund will be expended in an
expeditious and timely manner;
(5) all funds in the fund as a result of
capitalization grants under this title and section
205(m) of this Act will first be used to assure
maintenance of progress, as determined by the Governor
of the State, toward compliance with enforceable
deadlines, goals, and requirements of this Act,
including the municipal compliance deadline;
(6) treatment works eligible under this Act which
will be constructed in whole or in part with assistance
made available by a State water pollution control
revolving fund authorized under this title, or section
205(m) of this Act, or both, will meet the requirements
of, or otherwise be treated (as determined by the
Governor of the State) under sections 511(c)(1) and 513
of this Act in the same manner as treatment works
constructed with assistance under title II of this Act;
(7) in addition to complying with the requirements of
this title, the State will commit or expend each
quarterly grant payment which it will receive under
this title in accordance with laws and procedures
applicable to the commitment or expenditure of revenues
of the State;
(8) in carrying out the requirements of section 606
of this Act, the State will use accounting, audit, and
fiscal procedures conforming to generally accepted
government accounting standards;
(9) the State will require as a condition of making a
loan or providing other assistance, as described in
section 603(d) of this Act, from the fund that the
recipient of such assistance will maintain project
accounts in accordance with generally accepted
government accounting standards, including standards
relating to the reporting of infrastructure assets;
(10) the State will make annual reports to the
Administrator on the actual use of funds in accordance
with section 606(d) of this Act;
(11) the State will establish, maintain, invest, and
credit the fund with repayments, such that the fund
balance will be available in perpetuity for activities
under this Act;
(12) any fees charged by the State to recipients of
assistance that are considered program income will be
used for the purpose of financing the cost of
administering the fund or financing projects or
activities eligible for assistance from the fund;
(13) beginning in fiscal year 2016, the State will
require as a condition of providing assistance to a
municipality or intermunicipal, interstate, or State
agency that the recipient of such assistance certify,
in a manner determined by the Governor of the State,
that the recipient--
(A) has studied and evaluated the cost and
effectiveness of the processes, materials,
techniques, and technologies for carrying out
the proposed project or activity for which
assistance is sought under this title; and
(B) has selected, to the maximum extent
practicable, a project or activity that
maximizes the potential for efficient water
use, reuse, recapture, and conservation, [and
energy conservation] and efficient energy use
(including through the implementation of
technologies to recover and reuse energy
produced in the treatment of wastewater),
taking into account--
(i) the cost of constructing the
project or activity;
(ii) the cost of operating and
maintaining the project or activity
over the life of the project or
activity; and
(iii) the cost of replacing the
project or activity[; and];
(14) a contract to be carried out using funds
directly made available by a capitalization grant under
this title for program management, construction
management, feasibility studies, preliminary
engineering, design, engineering, surveying, mapping,
or architectural related services shall be negotiated
in the same manner as a contract for architectural and
engineering services is negotiated under chapter 11 of
title 40, United States Code, or an equivalent State
qualifications-based requirement (as determined by the
Governor of the State)[.]; and
(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with
respect to funds for capitalization grants received by
the State under this title and section 205(m)--
(A) the State will use--
(i) not less than 15 percent of such
funds for green infrastructure, water
or energy efficiency improvements, or
other environmentally innovative
activities; and
(ii) not less than 5 percent of such
funds for projects to increase the
resiliency of treatment works to
extreme weather events, drought, sea
level rise, or other impacts of climate
change; and
(B) the State will use not less than a total
of 20 percent of such funds for projects
described in subparagraph (A).
(c) Corrosion Control.--
(1) In general.--To the greatest extent practicable,
the Administrator shall encourage the incorporation of
corrosion prevention activities in projects and
activities carried out using financial assistance
provided under or pursuant to this title.
(2) Activities.--In carrying out paragraph (1), the
Administrator, to the greatest extent practicable,
shall ensure that any recipient of financial assistance
under or pursuant to this title--
(A) carries out any project or activity using
such assistance using, as applicable--
(i) best practices to carry out
corrosion prevention activities in the
field;
(ii) industry-recognized standards
and corrosion mitigation and prevention
methods when--
(I) determining protective
coatings;
(II) selecting materials; and
(III) determining methods of
cathodic protection, design,
and engineering for corrosion
prevention;
(iii) certified coating application
specialists and cathodic protection
technicians and engineers; and
(iv) best practices in environmental
protection to prevent environmental
degradation and to ensure proper
handling of all hazardous materials;
and
(B) demonstrates, as applicable--
(i) a history of employing industry-
certified inspectors to ensure
adherence to best practices and
standards; and
(ii) a history of compliance with
applicable requirements of the
Occupational Safety and Health
Administration.
(3) Corrosion prevention activities defined.--In this
subsection, the term ``corrosion prevention
activities'' means--
(A) the application and inspection of
protective coatings for complex work involving
steel and cementitious structures, including
structures that will be exposed in immersion;
(B) the installation, testing, and inspection
of cathodic protection systems; and
(C) any other activities related to corrosion
prevention the Administrator determines
appropriate.
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Requirements for Obligation of Grant Funds.--Before a
State may receive a capitalization grant with funds made
available under this title and section 205(m) of this Act, the
State shall first establish a water pollution control revolving
fund which complies with the requirements of this section.
(b) Administrator.--Each State water pollution control
revolving fund shall be administered by an instrumentality of
the State with such powers and limitations as may be required
to operate such fund in accordance with the requirements and
objectives of this Act.
(c) Projects and Activities Eligible for Assistance.--The
amounts of funds available to each State water pollution
control revolving fund shall be used only for providing
financial assistance--
(1) to any municipality or intermunicipal,
interstate, or State agency for construction of
publicly owned treatment works (as defined in section
212);
(2) for the implementation of a management program
established under section 319;
(3) for development and implementation of a
conservation and management plan under section 320;
(4) for the construction, repair, or replacement of
decentralized wastewater treatment systems that treat
municipal wastewater or domestic sewage;
(5) for measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water;
(6) to any municipality or intermunicipal,
interstate, or State agency for measures to reduce the
demand for publicly owned treatment works capacity
through water conservation, efficiency, or reuse;
(7) for the development and implementation of
[watershed] projects meeting the criteria set forth in
section 122;
(8) to any municipality or intermunicipal,
interstate, or State agency for measures to reduce the
energy consumption needs for publicly owned treatment
works;
(9) for reusing or recycling wastewater, stormwater,
or subsurface drainage water;
(10) for measures to increase the security of
publicly owned treatment works, including measures to
identify and address cybersecurity vulnerabilities of
such treatment works;
(11) to any qualified nonprofit entity, as determined
by the Administrator, to provide assistance to owners
and operators of small and medium publicly owned
treatment works--
(A) to plan, develop, and obtain financing
for eligible projects under this subsection,
including planning, design, and associated
preconstruction activities; and
(B) to assist such treatment works in
achieving compliance with this Act; and
(12) to any qualified nonprofit entity, as determined
by the Administrator, to provide assistance to an
eligible individual (as defined in subsection (j))--
(A) for the repair or replacement of existing
individual household decentralized wastewater
treatment systems; or
(B) in a case in which an eligible individual
resides in a household that could be cost-
effectively connected to an available publicly
owned treatment works, for the connection of
the applicable household to such treatment
works.
(d) Types of Assistance.--Except as otherwise limited by
State law, a water pollution control revolving fund of a State
under this section may be used only--
(1) to make loans, on the condition that--
(A) such loans are made at or below market
interest rates, including interest free loans,
at terms not to exceed the lesser of 30 years
and the projected useful life (as determined by
the State) of the project to be financed with
the proceeds of the loan;
(B) annual principal and interest payments
will commence not later than 1 year after
completion of any project and all loans will be
fully amortized upon the expiration of the term
of the loan;
(C) the recipient of a loan will establish a
dedicated source of revenue for repayment of
loans;
(D) the fund will be credited with all
payments of principal and interest on all
loans; and
(E) for a treatment works proposed for
repair, replacement, or expansion, and eligible
for assistance under subsection (c)(1), the
recipient of a loan shall--
(i) develop and implement a fiscal
sustainability plan that includes--
(I) an inventory of critical
assets that are a part of the
treatment works;
(II) an evaluation of the
condition and performance of
inventoried assets or asset
groupings;
(III) a certification that
the recipient has evaluated and
will be implementing water and
energy conservation efforts as
part of the plan; and
(IV) a plan for maintaining,
repairing, and, as necessary,
replacing the treatment works
and a plan for funding such
activities; or
(ii) certify that the recipient has
developed and implemented a plan that
meets the requirements under clause
(i);
(2) to buy or refinance the debt obligation of
municipalities and intermunicipal and interstate
agencies within the State at or below market rates,
where such debt obligations were incurred after March
7, 1985;
(3) to guarantee, or purchase insurance for, local
obligations where such action would improve credit
market access or reduce interest rates;
(4) as a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the State if the proceeds of
the sale of such bonds will be deposited in the fund;
(5) to provide loan guarantees for similar revolving
funds established by municipalities or intermunicipal
agencies;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of administering the
fund and conducting activities under this title, except
that such amounts shall not exceed 4 percent of all
grant awards to such fund under this title, $400,000
per year, or \1/5\ percent per year of the current
valuation of the fund, whichever amount is greatest,
plus the amount of any fees collected by the State for
such purpose regardless of the source.
(e) Limitation To Prevent Double Benefits.--If a State makes,
from its water pollution revolving fund, a loan which will
finance the cost of facility planning and the preparation of
plans, specifications, and estimates for construction of
publicly owned treatment works, the State shall ensure that if
the recipient of such loan receives a grant under section
201(g) of this Act for construction of such treatment works and
an allowance under section 201(l)(1) of this Act for non-
federal funds expended for such planning and preparation, such
recipient will promptly repay such loan to the extent of such
allowance.
(f) Consistency With Planning Requirements.--A State may
provide financial assistance from its water pollution control
revolving fund only with respect to a project which is
consistent with plans, if any, developed under sections 205(j),
208, 303(e), 319, and 320 of this Act.
(g) Priority List Requirement.--The State may provide
financial assistance from its water pollution control revolving
fund only with respect to a project for construction of a
treatment works described in subsection (c)(1) if such project
is on the State's priority list under section 216 of this Act.
Such assistance may be provided regardless of the rank of such
project on such list.
(h) Eligibility of Non-Federal Share of Construction Grant
Projects.--A State water pollution control revolving fund may
provide assistance (other than under subsection (d)(1) of this
section) to a municipality or intermunicipal or interstate
agency with respect to the non-Federal share of the costs of a
treatment works project for which such municipality or agency
is receiving assistance from the Administrator under any other
authority only if such assistance is necessary to allow such
project to proceed.
(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 in the form of
forgiveness of principal, negative interest loans, or
grants)--
(A) [in assistance] to a municipality or
intermunicipal, interstate, or State agency to
benefit a municipality that--
(i) meets the affordability criteria
of the State established under
paragraph (2); or
(ii) does not meet the affordability
criteria of the State if the
recipient--
(I) seeks additional
subsidization to benefit
individual ratepayers in the
residential user rate class;
(II) demonstrates to the
State that such ratepayers will
experience a significant
hardship from the increase in
rates necessary to finance the
project or activity for which
assistance is sought; and
(III) ensures, as part of an
assistance agreement between
the State and the recipient,
that the additional
subsidization provided under
this paragraph is directed
through a user charge rate
system (or other appropriate
method) [to such ratepayers] to
help such ratepayers maintain
access to wastewater (including
stormwater) treatment services;
or
(B) to implement a process, material,
technique, or technology--
(i) to address water-efficiency
goals;
(ii) to address energy-efficiency
goals;
(iii) to mitigate stormwater runoff;
or
(iv) to encourage sustainable project
planning, design, and construction.
(2) Affordability criteria.--
(A) Establishment.--
(i) In general.--Not later than
September 30, 2015, and after providing
notice and an opportunity for public
comment, a State shall establish
affordability criteria to assist in
identifying municipalities that would
experience a significant hardship
raising the revenue necessary to
finance a project or activity eligible
for assistance under subsection (c)(1)
if additional subsidization is not
provided.
(ii) Contents.--The criteria under
clause (i) shall be based on income and
unemployment data, population trends,
and other data determined relevant by
the State, including whether the
project or activity is to be carried
out in an economically distressed area,
as described in section 301 of the
Public Works and Economic Development
Act of 1965 (42 U.S.C. 3161).
(B) Existing criteria.--If a State has
previously established, after providing notice
and an opportunity for public comment,
affordability criteria that meet the
requirements of subparagraph (A)--
(i) the State may use the criteria
for the purposes of this subsection;
and
(ii) those criteria shall be treated
as affordability criteria established
under this paragraph.
(C) Information to assist states.--The
Administrator may publish information to assist
States in establishing affordability criteria
under subparagraph (A).
[(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.
[(C) Applicability.--The authority of a State
to provide additional subsidization under this
subsection shall apply to amounts received by
the State in capitalization grants under this
title for fiscal years beginning after
September 30, 2014.
[(D) Consideration.--If the State provides
additional subsidization to a municipality or
intermunicipal, interstate, or State agency
under this subsection that meets the criteria
under paragraph (1)(A), the State shall take
the criteria set forth in section 602(b)(5)
into consideration.]
(3) Subsidization amounts.--
(A) In general.--A State may use for
providing additional subsidization in a fiscal
year under this subsection an amount that does
not exceed the greater of--
(i) 50 percent of the total amount
received by the State in capitalization
grants under this title for the fiscal
year; or
(ii) the annual average over the
previous 10 fiscal years of the amounts
deposited by the State in the State
water pollution control revolving fund
from State moneys that exceed the
amounts required to be so deposited
under section 602(b)(2).
(B) Minimum.--To the extent there are
sufficient applications for additional
subsidization under this subsection that meet
the criteria under paragraph (1)(A), a State
shall use for providing additional
subsidization in a fiscal year under this
subsection an amount that is not less than 20
percent of the total amount received by the
State in capitalization grants under this title
for the fiscal year.
(j) Definition of Eligible Individual.--In subsection
(c)(12), the term ``eligible individual'' means a member of a
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 in which the household is
located, according to the most recent decennial census.
SEC. 604. ALLOTMENT OF FUNDS.
(a) Formula.--Sums authorized to be appropriated to carry out
this section for [each of fiscal years 1989 and 1990] each
fiscal year shall be allotted by the Administrator in
accordance with section 205(c) of this Act.
(b) Reservation of Funds for Planning.--Each State shall
reserve each fiscal year 1 percent of the sums allotted to such
State under this section for such fiscal year, or $100,000,
whichever amount is greater, to carry out planning under
sections 205(j) and 303(e) of this Act.
(c) Allotment Period.--
(1) Period of availability for grant award.--Sums
allotted to a State under this section for a fiscal
year shall be available for obligation by the State
during the fiscal year for which sums are authorized
and during the following fiscal year.
(2) Reallotment of unobligated funds.--The amount of
any allotment not obligated by the State by the last
day of the 2-year period of availability established by
paragraph (1) shall be immediately reallotted by the
Administrator on the basis of the same ratio as is
applicable to sums allotted under title II of this Act
for the second fiscal year of such 2-year period. None
of the funds reallotted by the Administrator shall be
reallotted to any State which has not obligated all
sums allotted to such State in the first fiscal year of
such 2-year period.
(d) Wastewater Infrastructure Workforce Development.--Each
fiscal year, a State may reserve up to 1 percent of the sums
allotted to the State under this section for the fiscal year to
carry out workforce development, training, and retraining
activities described in section 104(g).
(e) Needs Survey.--Each fiscal year, a State may reserve up
to 0.5 percent of the sums allotted to the State under this
section for the fiscal year to carry out activities under
section 516(b)(1)(B).
(f) Funds Allotted to Puerto Rico.--Notwithstanding any other
provision of law, no funds allotted to the Commonwealth of
Puerto Rico under this section may be counted as income or an
asset of the owner or operator of a publicly owned treatment
works receiving such funds, or be used, set aside, or otherwise
made available for the purposes of payment of debt
restructuring under the Puerto Rico Oversight, Management, and
Economic Stability Act (48 U.S.C. 2101 et seq.) by the Puerto
Rico Financial Oversight and Management Board.
* * * * * * *
[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. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
(a) In General.--
(1) Reservation.--For each fiscal year, the
Administrator shall reserve 1.5 percent of available
funds, as determined under paragraph (2).
(2) Available funds.--For purposes of paragraph (1),
the amount of available funds for a fiscal year is--
(A) the amount of funds made available to
carry out this title for the fiscal year
(before allotments to the States under section
604(a)); less
(B) the amount of any funds reserved under
section 518(c) for the fiscal year.
(b) Use of Funds.--Funds reserved under this section shall be
available only for grants to American Samoa, the Commonwealth
of the Northern Mariana Islands, Guam, and the Virgin Islands
for projects and activities eligible for assistance under
section 603(c).
(c) Limitation.--American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands may not
receive funds allotted under section 604(a).
* * * * * * *
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title the following sums:
(1) $8,000,000,000 for fiscal year 2022.
(2) $8,000,000,000 for fiscal year 2023.
(3) $8,000,000,000 for fiscal year 2024.
(4) $8,000,000,000 for fiscal year 2025.
(5) $8,000,000,000 for fiscal year 2026.
----------
WATER INFRASTRUCTURE IMPROVEMENT ACT
* * * * * * *
SEC. 4. MUNICIPAL OMBUDSMAN.
(a) Establishment.--There is established within the Office of
the Administrator an Office of the Municipal Ombudsman, to be
headed by a Municipal Ombudsman.
(b) General Duties.--The duties of the Municipal Ombudsman
shall include the provision of--
[(1) technical assistance to municipalities seeking
to comply with the Federal Water Pollution Control Act;
and]
(1) technical and planning assistance to support
municipalities, including municipalities that are
rural, small, economically disadvantaged, or Tribal
communities, in achieving and maintaining compliance
with enforceable deadlines, goals, and requirements of
the Federal Water Pollution Control Act; and
(2) information to the Administrator to help the
Administrator ensure that agency policies are
implemented by all offices of the Environmental
Protection Agency, including regional offices.
(c) Actions Required.--The Municipal Ombudsman shall work
with appropriate offices at the headquarters and regional
offices of the Environmental Protection Agency to ensure that a
municipality seeking assistance is provided information
regarding--
(1) available Federal financial assistance for which
the municipality is eligible;
(2) flexibility available under the Federal Water
Pollution Control Act; and
(3) the opportunity to develop an integrated plan
under section 402(s) of the Federal Water Pollution
Control Act.
(d) Information Sharing.--The Municipal Ombudsman shall
publish on the website of the Environmental Protection Agency--
(1) general information relating to--
(A) the technical assistance referred to in
subsection (b)(1);
(B) the financial assistance referred to in
subsection (c)(1);
(C) the flexibility referred to in subsection
(c)(2); and
(D) any resources developed by the
Administrator related to integrated plans under
section 402(s) of the Federal Water Pollution
Control Act; and
(2) a copy of each permit, order, or judicial consent
decree that implements or incorporates such an
integrated plan.
* * * * * * *
MINORITY VIEWS
Committee Republicans oppose H.R. 1915, the Water Quality
Protection and Job Creation Act of 2021, as amended. As drafted
and reported by the Committee Majority, this legislation fails
to provide states and municipalities with the flexibility and
tools needed to achieve and protect clean water. The Majority's
partisan bill glaringly ignores long-overdue permitting reform,
tries to hide the imposition of increased mandates on states
and municipalities by inflating to unrealistic and
unsustainable levels several water funding provisions in the
Clean Water Act (CWA), and--most importantly--walks away from a
carefully crafted bipartisan agreement on CWA legislation that
the Committee agreed to in the 116th Congress.
The shortcomings of the Majority's partisan legislation are
particularly disappointing considering last Congress'
bipartisanship on H.R. 1497, the Water Quality Protection and
Job Creation Act of 2019, as amended. That bill, which was once
celebrated by the Majority as a means of renewing the Federal
government's commitment to invest in wastewater infrastructure
and address local water quality needs, contained common-sense
regulatory relief, authorized a realistic level of funding, and
provided for small and rural communities' water infrastructure
needs.\1\ The Committee moved that legislation with
overwhelming bipartisan support.
---------------------------------------------------------------------------
\1\Markup of H.R. 1497, the Water Quality and Job Creation Act of
2019, Before the H. Comm. on Transportation and Infrastructure, (Oct.
29, 2019) (116th Cong.) (statement of the Chair Peter DeFazio).
---------------------------------------------------------------------------
Now, the Majority has made it clear that they are unwilling
to stick to our bipartisan agreement on clean water
infrastructure this Congress, even though Committee Republicans
have been ready to bring our priorities to the table, discuss
them alongside the Majority's priorities, and find common
ground. Surely there was common ground to be found, both on
providing robust but realistic funding levels and finding ways
to relieve some of the burdens that communities face. But
instead, the Majority has decided to authorize unrealistically
high spending levels that will never get funded, and refuse to
provide states and municipalities the tools they need to
effectively and efficiently achieve and protect clean water.
As a result of the unwillingness of the Majority to come to
a bipartisan agreement this Congress, on May 13, 2021,
Subcommittee on Water Resources and Environment Ranking Member
David Rouzer (NC-07) introduced H.R. 3218, the Wastewater
Infrastructure Improvement Act of 2021. This bill is closely
based on the bipartisan agreement reached and reported out of
Committee in the 116th Congress with H.R. 1497, as amended. It
stands in stark contrast to the Majority's bill, by including
provisions supported by states and municipalities that will
help give them the flexibility to meet their unique needs.
For example, H.R. 3218 updates section 402 of the CWA,
authorizing states to issue National Pollutant Discharge
Elimination System (NPDES) discharge permits to states and
municipalities with permit terms of up to 10 years in duration.
Current law limits the duration of an NPDES permit to only five
years. Longer term permits would provide flexibility to permit
writers and help reduce the costs of compliance for local clean
water agencies, while protecting human health and improving our
Nation's waters. Longer term permits would recognize that the
complexity and time required for a municipality to plan,
finance, and construct a modern clean water treatment facility
can stretch out beyond the existing five-year permit term
horizon, and extend to as long as a decade. They also would
accommodate consent orders and decrees containing compliance
schedules, and long-term control plans that frequently extend
for years beyond existing five-year permit terms. Currently,
state clean water agencies and the Environmental Protection
Agency (EPA) are forced to renew permits every five years, even
if the permitted project has yet to become operational or
circumstances have not fundamentally changed. Providing
agencies with the discretionary authority to extend NPDES
permit terms to up to 10 years would maximize the use of scarce
local, state, and Federal infrastructure resources without
jeopardizing public health or the environment.
The Honorable Dave Berger, Mayor of Lima, Ohio (testifying
on behalf of the United States Conference of Mayors), called on
Congress and the President to address this by ``[c]hang[ing]
the current Clean Water Act law to allow cities to have 10-
year, rather than five-year, treatment works permit terms,''
and by ``[i]mplement[ing] the Integrated Planning Permit law to
ensure cities and their customers are not overly financially
burdened and to allow cities maximum flexibility to address
specific challenges in a smart, prioritized manner.''\2\
Nevertheless, rather than providing greater flexibility, the
Majority wants to uphold the restriction of NPDES permit
writers to issue longer term permits, or even to
administratively continue existing permits, thereby limiting
the discretion and flexibility of permit writers in issuing and
reissuing permits.
---------------------------------------------------------------------------
\2\Building Back Better: The Urgent Need for Infrastructure
Investment in America's Wastewater Infrastructure Before the Subcomm.
on Water Resources and Environment of the H. Comm. on Transportation
and Infrastructure, 117th Cong. (Feb. 23, 2021) (statement of the Hon.
Dave Berger, Mayor of Lima, on behalf of the United States Conference
of Mayors).
---------------------------------------------------------------------------
In addition, Committee Republicans' alternative, H.R. 3218,
would provide additional flexibility for municipalities to
fully take advantage of the EPA's CWA grant and financing
programs for wastewater infrastructure. In contrast, the
Majority's bill fails to provide such flexibility for
municipalities, and instead, places additional burdensome
restrictions on how these programs must be administered and
funds utilized.
For example, H.R. 1915, as amended, mandates that states
spend no less than 15 percent of their Clean Water State
Revolving Fund (CWSRF) funding grants on green infrastructure
[known as the ``Green Project Reserve'' (GPR)], as well as an
additional five percent on resiliency projects, for an overall
20 percent mandate. These mandates double the traditional set-
aside authorized through annual appropriations legislation.\3\
Committee Republicans are opposed to increasing Federal
mandates for the CWSRF in such a manner, as it displaces
funding for the wastewater infrastructure priorities of states
and local communities and jeopardizes their ability to fund and
complete higher priority projects that better protect human
health and the environment.
---------------------------------------------------------------------------
\3\See, e.g., Consolidated Appropriations Act of 2021, (P.L. 116-
260).
---------------------------------------------------------------------------
Many municipalities are unable to fully meet the green
project reserve mandate on an annual basis, as these types of
green infrastructure projects take longer to develop and build
and not all green projects qualify for a loan under the CWSRF
program.\4\ According to the Council on Infrastructure
Financing Authorities (CIFA), which is the primary group
representing the states' infrastructure financing authorities
and their participation in the CWSRF program, mandated spending
set-asides like this are unnecessary.\5\ CIFA notes that, when
this green project mandate is applied to cumulative (rather
than annual) Federal funding, every state program has exceeded
the 10 percent mandate and 36 out of 51 programs have used
double the amount of mandated funding, so mandated set-asides
are unnecessary.\6\ Regardless of the GPR mandate, states have
continued to implement green infrastructure projects despite
not meeting its arbitrary requirements.
---------------------------------------------------------------------------
\4\Sustainable Wastewater Infrastructure: Measures to Promote
Resiliency and Climate Adaptation and Mitigation: Hearing before
Subcomm. on Water Resources and Environment of the H. Comm. on
Transportation and Infrastructure, 117th Cong. (Apr. 21, 2021)
(Statement of Kim Colson, Dir., Division of Water Infrastructure, NC
DEQ, on behalf of CIFA).
\5\Letter from CIFA to the Hon. David Rouzer, Ranking Member,
Subcomm. On Water Resources and Environment of the H. Comm. on
Transportation and Infrastructure (Jun. 7, 2021) (on file with
Committee).
\6\Id.
---------------------------------------------------------------------------
In comparison, H.R. 3218 would maintain only the existing
10 percent ``Green Project Reserve'' requirement and instead
expand the category of eligible projects that qualify under the
set-aside, including those that improve resiliency of treatment
works. These provisions provide consistency with what Congress
has approved in the GPR programs and provide greater
flexibility for states to best serve the needs of their
communities.
Finally, H.R. 1915, as amended, authorizes unrealistic and
unsustainable funding levels for CWA programs. The bill
authorizes approximately $52 billion in funding, which includes
about $40 billion for the CWSRF and $12 billion for grant
programs. Committee Republicans believe in investing in our
Nation's aging wastewater infrastructure, which is why a
bipartisan agreement with the Majority in the 116th Congress
was reached to authorize over $16.65 billion over five years
for CWA wastewater infrastructure programs, including $14
billion for the CWSRF and $2.6 billion for grant programs.
Despite the bipartisan achievement just last Congress, the
Majority has dramatically shifted its baseline for authorizing
funding for wastewater infrastructure programs. In contrast to
the partisan action taken by the Majority, the Senate has
embraced a bipartisan approach and recently passed bipartisan
legislation to reauthorize wastewater infrastructure programs
that is similar to the Committee Republicans' bill. The
bipartisan Senate bill, S. 914, passed 89-2 on April 29, 2021,
and authorizes more than $18 billion, including $14.6 billion
for the CWSRF and $4 billion for grant programs. This is very
similar to the funding levels found in both the bipartisan H.R.
1497 in the 116th Congress and the Committee Republicans' H.R.
3218 from May 2021.
The Members of this Committee know that a bipartisan
agreement is the only way we are going to improve water
infrastructure. The American people deserve bipartisan
cooperation in Congress and effective wastewater
infrastructure. We saw this when the Senate took cooperative
action to pass S. 914. The Majority should be standing by the
bipartisan agreement they reached with Committee Republicans on
H.R. 1497, and working with Committee Republicans and all
interested stakeholders on any issues that remain outstanding.
Committee Republicans agree on the need to improve and
maintain America's wastewater infrastructure. However, if the
Majority is serious about achieving this goal, they would have
remained supportive of the bipartisan agreement reached in the
116th Congress or maintained an open dialogue to work together
on issues on importance to both sides with the common goal of
achieving and protecting clean water. Unfortunately, this did
not occur, and Committee Republicans oppose this legislation.
Sam Graves,
Ranking Member.
Bob Gibbs,
Ranking Member, Subcommittee
on Coast Guard and
Maritime Transportation.
Rodney Davis,
Ranking Member, Subcommittee
on Highways and Transit.
David Rouzer,
Ranking Member, Subcommittee
on Water Resources and
the Environment.
Daniel Webster,
Ranking Member, Subcommittee
on Economic Development,
Public Buildings, and
Emergency Management.
Eric A. ``Rick'' Crawford,
Ranking Member, Subcommittee
on Railroads, Pipelines,
and Hazardous Materials.
[all]