S 3617 PCSCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act and the Safe Drinking Water Act to improve water and wastewater infrastructure in the United States.CommentsClose CommentsPermalink

September 26 (legislative day, September 17), 2008CommentsClose CommentsPermalink

Mrs. BOXER, from the Committee on Environment and Public Works reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act and the Safe Drinking Water Act to improve water and wastewater infrastructure in the United States.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Water Infrastructure Financing Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--WATER POLLUTION INFRASTRUCTURE

Sec. 101. Technical assistance for rural small treatment works and medium treatment works.CommentsClose CommentsPermalink





Sec. 102. Projects eligible for assistance.CommentsClose CommentsPermalink





Sec. 103. Affordability.CommentsClose CommentsPermalink





Sec. 104. Water pollution control revolving loan funds.CommentsClose CommentsPermalink





Sec. 105. Transferability of funds.CommentsClose CommentsPermalink





Sec. 106. Noncompliance.CommentsClose CommentsPermalink





Sec. 107. Negotiation of contracts.CommentsClose CommentsPermalink





Sec. 108. Allotment of funds.CommentsClose CommentsPermalink





Sec. 109. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 110. Sewer overflow control grants.CommentsClose CommentsPermalink





Sec. 111. Capitalization grant agreements.CommentsClose CommentsPermalink





Sec. 112. Critical water infrastructure projects.CommentsClose CommentsPermalink

TITLE II--SAFE DRINKING WATER INFRASTRUCTURE

Sec. 201. Contaminant prevention, detection, and response.CommentsClose CommentsPermalink





Sec. 202. Drinking water technical assistance for communities.CommentsClose CommentsPermalink





Sec. 203. Preservation of employee labor standards.CommentsClose CommentsPermalink





Sec. 204. Preconstruction work.CommentsClose CommentsPermalink





Sec. 205. Priority system requirements.CommentsClose CommentsPermalink





Sec. 206. Affordability.CommentsClose CommentsPermalink





Sec. 207. Safe drinking water revolving loan funds.CommentsClose CommentsPermalink





Sec. 208. Other authorized activities.CommentsClose CommentsPermalink





Sec. 209. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 210. Negotiation of contracts.CommentsClose CommentsPermalink





Sec. 211. Critical drinking water infrastructure projects.CommentsClose CommentsPermalink





Sec. 212. District of Columbia lead service line replacement.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUS

Sec. 301. Definitions.CommentsClose CommentsPermalink





Sec. 302. Program for water quality enhancement and management.CommentsClose CommentsPermalink





Sec. 303. Agricultural pollution control technology grant program.CommentsClose CommentsPermalink





Sec. 304. State revolving fund review process.CommentsClose CommentsPermalink





Sec. 305. Cost of service study.CommentsClose CommentsPermalink





Sec. 306. Water management study.CommentsClose CommentsPermalink





Sec. 307. Reduction in authorization of appropriations.CommentsClose CommentsPermalink

TITLE I--WATER POLLUTION INFRASTRUCTURECommentsClose CommentsPermalink

SEC. 101. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT WORKS AND MEDIUM TREATMENT WORKS.

(a) In General- 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:CommentsClose CommentsPermalink

‘SEC. 222. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT WORKS AND MEDIUM TREATMENT WORKS.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) DECENTRALIZED WASTEWATER SYSTEM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘decentralized wastewater system’ means a wastewater treatment system that is at or near a site at which wastewater is generated.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘decentralized wastewater system’ includes a system that provides for--CommentsClose CommentsPermalink





‘(i) nonpotable reuse of treated effluent; orCommentsClose CommentsPermalink





‘(ii) energy and nutrient recovery from wastewater constituents.CommentsClose CommentsPermalink





‘(2) MEDIUM TREATMENT WORKS- The term ‘medium treatment works’ means a publicly owned treatment works serving more than 10,000 but fewer than 100,000 individuals.CommentsClose CommentsPermalink





‘(3) QUALIFIED NONPROFIT TECHNICAL ASSISTANCE PROVIDER- The term ‘qualified nonprofit technical assistance provider’ means a qualified nonprofit technical assistance provider of water and wastewater services to small or medium-sized communities that provides technical assistance (including circuit rider, multi-State regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of small treatment works or medium treatment works that may include State agencies.CommentsClose CommentsPermalink





‘(4) SMALL TREATMENT WORKS- The term ‘small treatment works’ means a publicly owned treatment works serving not more than 10,000 individuals.CommentsClose CommentsPermalink





‘(b) Grant Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator may make grants on a competitive basis to qualified nonprofit technical assistance providers that are qualified to provide assistance on a broad range of wastewater and stormwater approaches--CommentsClose CommentsPermalink





‘(A) to assist owners and operators of small treatment works and medium treatment works to plan, develop, and obtain financing for eligible projects described in section 603(c) or 518(c);CommentsClose CommentsPermalink





‘(B) to provide financial assistance, in consultation with the State in which the assistance is provided, to owners and operators of small treatment works and medium treatment works for predevelopment costs (including costs for planning, design, and associated preconstruction activities, such as activities relating directly to the siting of the facility and related elements) associated with stormwater or wastewater infrastructure projects or short-term costs incurred for equipment replacement that is not part of regular operation and maintenance activities for existing stormwater or wastewater systems, if the amount of assistance for any single project does not exceed $50,000;CommentsClose CommentsPermalink





‘(C) to provide technical assistance and training for owners and operators of small treatment works and medium treatment works to enable those treatment works and systems to protect water quality and achieve and maintain compliance with this Act; andCommentsClose CommentsPermalink





‘(D) to disseminate information to owners and operators of small treatment works and medium treatment works, with respect to planning, design, construction, and operation of treatment works, small municipal separate storm sewer systems, and decentralized wastewater treatment systems.CommentsClose CommentsPermalink





‘(2) DISTRIBUTION OF GRANT- In carrying out this subsection, the Administrator shall ensure, to the maximum extent practicable, that technical assistance provided using funds from a grant under paragraph (1) is made available in each State.CommentsClose CommentsPermalink





‘(3) CONSULTATION- As a condition of receiving a grant under this subsection, a qualified nonprofit technical assistance provider shall agree to consult with each State in which grant funds are to be expended before the grant funds are expended in the State.CommentsClose CommentsPermalink





‘(4) ANNUAL REPORT- Not later than 60 days after the end of each fiscal year, a qualified nonprofit technical assistance provider that receives a grant under this subsection shall submit to the Administrator a report that--CommentsClose CommentsPermalink





‘(A) describes the activities of the qualified nonprofit technical assistance provider using grant funds received under this subsection for the fiscal year; andCommentsClose CommentsPermalink





‘(B) specifies--CommentsClose CommentsPermalink





‘(i) the number of communities served;CommentsClose CommentsPermalink





‘(ii) the sizes of those communities; andCommentsClose CommentsPermalink





‘(iii) the type of assistance provided by the qualified nonprofit technical assistance provider.CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





‘(1) for grants for small treatment works, $25,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink





‘(2) for grants for medium treatment works, $15,000,000 for each of fiscal years 2009 through 2013.’.CommentsClose CommentsPermalink





(b) Guidance for Small Systems- Section 602 of the Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Guidance for Small Systems-CommentsClose CommentsPermalink





‘(1) DEFINITION OF SMALL SYSTEM- In this subsection, the term ‘small system’ means a system--CommentsClose CommentsPermalink





‘(A) for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title; andCommentsClose CommentsPermalink





‘(B) that serves a population of not more than 10,000 individuals.CommentsClose CommentsPermalink





‘(2) SIMPLIFIED PROCEDURES- Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title.CommentsClose CommentsPermalink





‘(3) PUBLICATION OF MANUAL- Not later than 1 year after the date of enactment of this subsection, after providing notice and opportunity for public comment, the Administrator shall publish--CommentsClose CommentsPermalink





‘(A) a manual to assist small systems in obtaining assistance under this title; andCommentsClose CommentsPermalink





‘(B) in the Federal Register, notice of the availability of the manual.’.CommentsClose CommentsPermalink

SEC. 102. PROJECTS ELIGIBLE FOR ASSISTANCE.

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Projects Eligible for Assistance- Funds in each State water pollution control revolving fund shall be used only by a municipality or an intermunicipal, interstate, or State agency (or, for the purpose of paragraph (1), by either of those entities or a private treatment works or decentralized wastewater system that principally treats municipal wastewater or domestic sewage)--CommentsClose CommentsPermalink





‘(1) to provide financial assistance for construction activities (including expansion to meet needs of existing development), including planning, design, associated preconstruction planning activities (as defined in section 212) and implementation measures to control, manage, reduce, treat, infiltrate, or reuse municipal stormwater, the primary purpose of which is the protection, preservation, or enhancement of water quality to support public purposes (including the procurement and use of equipment to support minimum measures, such as street sweeping and storm drain system cleaning, and acquisition of other land and interests in land to meet the needs of existing development that are necessary for those activities and measures);CommentsClose CommentsPermalink





‘(2) to implement a management program established under section 319;CommentsClose CommentsPermalink





‘(3) to develop and implement a conservation and management plan under section 320;CommentsClose CommentsPermalink





‘(4) to increase the security of wastewater treatment works (excluding any expenditure for operations or maintenance);CommentsClose CommentsPermalink





‘(5) to carry out water conservation or efficiency projects, the primary purpose of which is the protection, preservation, or enhancement of water quality to support public purposes;CommentsClose CommentsPermalink





‘(6) to implement measures to integrate water resource management planning and implementation;CommentsClose CommentsPermalink





‘(7) to carry out water and wastewater reuse, reclamation, and recycling projects, the primary purpose of which is the protection, preservation, or enhancement of water quality to support public purposes; andCommentsClose CommentsPermalink





‘(8) for capital costs associated with monitoring equipment for combined or sanitary sewer overflows.’.CommentsClose CommentsPermalink

SEC. 103. AFFORDABILITY.

(a) In General- Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (e) through (h) as subsections (g) through (j), respectively;CommentsClose CommentsPermalink





(2) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘20 years’ and inserting ‘the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking ‘not later than 20 years after project completion’ and inserting ‘upon the expiration of the term of the loan’;CommentsClose CommentsPermalink





(B) in paragraph (6), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(C) in paragraph (7), by striking ‘title, except that’ and all that follows and inserting the following:CommentsClose CommentsPermalink





‘title, except that--CommentsClose CommentsPermalink





‘(A) such amounts shall not exceed 6 percent of all grant awards to the fund under this title; andCommentsClose CommentsPermalink





‘(B) if there is no appropriation for a fiscal year, the total amount of the reasonable cost of administering the fund and conducting activities under this title shall not exceed 6 percent of all loan awards made by the State for that fiscal year; andCommentsClose CommentsPermalink





‘(8) as a source of revenue (restricted solely to interest earnings of the fund) or security for payment of the principal and interest on revenue or general obligation bonds issued by the State to provide matching funds under section 602(b)(2), if the proceeds of the sale of the bonds will be deposited in the fund.’; andCommentsClose CommentsPermalink





(3) by inserting after subsection (d) the following:CommentsClose CommentsPermalink





‘(e) Additional Assistance for Disadvantaged Communities-CommentsClose CommentsPermalink





‘(1) DEFINITION OF DISADVANTAGED COMMUNITY- In this subsection, the term ‘disadvantaged community’ means a community with a service area, or portion of a service area, of a treatment works that meets affordability criteria established after public review and comment by the State in which the treatment works is located.CommentsClose CommentsPermalink





‘(2) LOAN SUBSIDY- Notwithstanding any other provision of this section, in a case in which the State makes a loan from the water pollution control revolving loan fund in accordance with subsection (c) to a disadvantaged community or a community that the State expects to become a disadvantaged community as the result of a proposed project, the State may provide additional subsidization, including--CommentsClose CommentsPermalink





‘(A) the forgiveness of all or a portion of the principal of the loan; andCommentsClose CommentsPermalink





‘(B) a negative interest rate on the loan.CommentsClose CommentsPermalink





‘(3) TOTAL AMOUNT OF SUBSIDIES- For each fiscal year, the total amount of loan subsidies made by the State pursuant to this subsection may not exceed 30 percent of the amount of the capitalization grant received by the State for the fiscal year.CommentsClose CommentsPermalink





‘(4) INFORMATION- The Administrator may publish information to assist States in establishing affordability criteria described in paragraph (1).CommentsClose CommentsPermalink





‘(f) Cost-Saving Water Treatment and Efficiency Improvements- Subject to subsection (e)(3), in providing a loan for a project under this section, a State may forgive repayment of such portion of the loan amount, not to exceed 5 percent, as is equal to the percentage of the project that is devoted to alternative approaches to wastewater and stormwater controls (including nonstructural methods) such as projects that treat or minimize sewage or urban stormwater discharges using--CommentsClose CommentsPermalink





‘(1) decentralized or distributed stormwater controls;CommentsClose CommentsPermalink





‘(2) decentralized wastewater treatment;CommentsClose CommentsPermalink





‘(3) low-impact development technologies and nonstructural approaches;CommentsClose CommentsPermalink





‘(4) stream buffers;CommentsClose CommentsPermalink





‘(5) wetland restoration and enhancement;CommentsClose CommentsPermalink





‘(6) actions to minimize the quantity of and direct connections to impervious surfaces;CommentsClose CommentsPermalink





‘(7) soil and vegetation, or other permeable materials;CommentsClose CommentsPermalink





‘(8) actions that increase efficient water use, water conservation, or water reuse.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 221(d) of the Federal Water Pollution Control Act (33 U.S.C. 1301(d)) is amended in the second sentence by striking ‘603(h)’ and inserting ‘603(j)’.CommentsClose CommentsPermalink

SEC. 104. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (i) (as redesignated by section 103(a)(1)) and inserting the following:CommentsClose CommentsPermalink





‘(i) Priority System Requirement-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) RESTRUCTURING- The term ‘restructuring’ means--CommentsClose CommentsPermalink





‘(i) the consolidation of management functions or ownership with another facility; orCommentsClose CommentsPermalink





‘(ii) the formation of cooperative partnerships.CommentsClose CommentsPermalink





‘(B) TRADITIONAL WASTEWATER APPROACH- The term ‘traditional wastewater approach’ means a managed system used to collect and treat wastewater from an entire service area consisting of--CommentsClose CommentsPermalink





‘(i) collection sewers;CommentsClose CommentsPermalink





‘(ii) a centralized treatment plant using biological, physical, or chemical treatment processes; andCommentsClose CommentsPermalink





‘(iii) a direct point source discharge to surface water.CommentsClose CommentsPermalink





‘(2) PRIORITY SYSTEM- In providing financial assistance from the water pollution control revolving fund of the State, the State shall establish a priority system that--CommentsClose CommentsPermalink





‘(A) gives greater weight to an application for assistance by the owner or operator of a treatment works if the application includes--CommentsClose CommentsPermalink





‘(i) an inventory of assets, including a description of the condition of those assets;CommentsClose CommentsPermalink





‘(ii) a schedule for replacement of the assets;CommentsClose CommentsPermalink





‘(iii) a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs;CommentsClose CommentsPermalink





‘(iv) a review of options for restructuring the treatment works; orCommentsClose CommentsPermalink





‘(v) approaches other than a traditional wastewater approach that treat or minimize sewage or urban stormwater discharges using--CommentsClose CommentsPermalink





‘(I) decentralized or distributed stormwater controls;CommentsClose CommentsPermalink





‘(II) decentralized wastewater treatment;CommentsClose CommentsPermalink





‘(III) low-impact development technologies and nonstructural approaches;CommentsClose CommentsPermalink





‘(IV) stream buffers;CommentsClose CommentsPermalink





‘(V) wetland restoration and enhancement;CommentsClose CommentsPermalink





‘(VI) actions to minimize the quantity of and direct connections to impervious surfaces;CommentsClose CommentsPermalink





‘(VII) soil and vegetation, or other permeable materials; orCommentsClose CommentsPermalink





‘(VIII) actions that increase efficient water use, water conservation, or water reuse;CommentsClose CommentsPermalink





‘(vi) a demonstration of consistency with State, regional, and municipal watershed plans, water conservation and efficiency plans, or integrated water resource management plans;CommentsClose CommentsPermalink





‘(vii) a proposal by the applicant demonstrating flexibility through alternative means to carry out responsibilities under Federal regulations, that may include watershed permitting and other innovative management approaches, while achieving results that--CommentsClose CommentsPermalink





‘(I) the State, in the case of a permit program approved under section 402, determines will meet permit requirements; orCommentsClose CommentsPermalink





‘(II) the Administrator determines are measurably superior when compared to regulatory standards;CommentsClose CommentsPermalink





‘(B) takes into consideration appropriate chemical, physical, and biological data relating to water quality that the State considers reasonably available and of sufficient quality;CommentsClose CommentsPermalink





‘(C) provides for public notice and opportunity to comment on the establishment of the priority system and the summary under subparagraph (D);CommentsClose CommentsPermalink





‘(D) provides for the publication, not less than biennially in summary form, of a description of projects in the State that are eligible for assistance under this title that indicates--CommentsClose CommentsPermalink





‘(i) the priority assigned to each project under the priority system of the State; andCommentsClose CommentsPermalink





‘(ii) the funding schedule for each project, to that extent the information is available; andCommentsClose CommentsPermalink





‘(E) ensures that projects undertaken with assistance under this title are designed to achieve, as determined by the State, the optimum water quality management, consistent with the public health and water quality goals and requirements of this Act.’.CommentsClose CommentsPermalink

SEC. 105. TRANSFERABILITY OF FUNDS.

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 103(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(k) Transfer of Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Governor of a State may--CommentsClose CommentsPermalink





‘(A)(i) reserve not more than 33 percent of a capitalization grant made under this title; andCommentsClose CommentsPermalink





‘(ii) add the funds reserved to any funds provided to the State under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); andCommentsClose CommentsPermalink





‘(B)(i) reserve for any year an amount that does not exceed the amount that may be reserved under subparagraph (A) for that year from capitalization grants made under section 1452 of that Act (42 U.S.C. 300j-12); andCommentsClose CommentsPermalink





‘(ii) add the reserved funds to any funds provided to the State under this title.CommentsClose CommentsPermalink





‘(2) STATE MATCH- Funds reserved under this subsection shall not be considered to be a State contribution for a capitalization grant required under this title or section 1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b)).’.CommentsClose CommentsPermalink

SEC. 106. NONCOMPLIANCE.

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 105) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(l) Noncompliance-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), no assistance (other than assistance that is to be used by a treatment works solely for planning, design, or security purposes) shall be provided under this title to the owner or operator of a treatment works that has been in significant noncompliance with any requirement of this Act for any of the 4 quarters during the preceding 8 quarters, unless the treatment works is in compliance with an enforceable administrative order to effect compliance with the requirement.CommentsClose CommentsPermalink





‘(2) EXCEPTION- An owner or operator of a treatment works that is determined under paragraph (1) to be in significant noncompliance with a requirement described in that paragraph may receive assistance under this title if the Administrator and the State providing the assistance determine that--CommentsClose CommentsPermalink





‘(A) the entity conducting the enforcement action on which the determination of significant noncompliance is based has determined that the use of assistance would enable the owner or operator of the treatment works to take corrective action toward resolving the violations; orCommentsClose CommentsPermalink





‘(B) the entity conducting the enforcement action on which the determination of significant noncompliance is based has determined that the assistance would be used by the owner or operator of the treatment works in order to assist owners and operators in making progress towards compliance.’.CommentsClose CommentsPermalink

SEC. 107. NEGOTIATION OF CONTRACTS.

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) (as amended by section 106) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(m) Negotiation of Contracts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A contract to be carried out using funds directly made available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as--CommentsClose CommentsPermalink





‘(A) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; orCommentsClose CommentsPermalink





‘(B) an equivalent State qualifications-based requirement (as determined by the Governor of the State).CommentsClose CommentsPermalink





‘(2) EXEMPTION FOR SMALL COMMUNITIES- Paragraph (1) shall not apply to a contract described in that paragraph for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services for a community of 10,000 or fewer individuals.’.CommentsClose CommentsPermalink

SEC. 108. ALLOTMENT OF FUNDS.

Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Reservation of Funds-CommentsClose CommentsPermalink





‘(1) PLANNING- Each State may reserve for each fiscal year the greater of 2 percent of the sums allotted to the State under this section for the fiscal year, or $100,000, to carry out planning under sections 205(j) and 303(e).CommentsClose CommentsPermalink





‘(2) INDIAN TRIBES- Of the total amount of funds made available under paragraph (1), 1.5 percent shall be allocated to Indian tribes (as defined in section 518(h)).’.CommentsClose CommentsPermalink

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

The Federal Water Pollution Control Act is amended by striking section 607 (33 U.S.C. 1387) and inserting the following:CommentsClose CommentsPermalink

‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

‘(a) In General- There are authorized to be appropriated to carry out this title--CommentsClose CommentsPermalink





‘(1) $3,200,000,000 for each of fiscal years 2008 and 2009;CommentsClose CommentsPermalink





‘(2) $3,600,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(3) $4,000,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





‘(4) $6,000,000,000 for fiscal year 2012.CommentsClose CommentsPermalink





‘(b) Availability- Amounts made available under this section shall remain available until expended.CommentsClose CommentsPermalink





‘(c) Reservation for Needs Surveys- Of the amount made available under subsection (a) to carry out this title for a fiscal year, the Administrator may reserve not more than $1,000,000 for the fiscal year, to remain available until expended, to pay the costs of conducting needs surveys under section 516(b)(1)(B).’.CommentsClose CommentsPermalink

SEC. 110. SEWER OVERFLOW CONTROL GRANTS.

(a) Sewer Overflow Control Grants- Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘In General’ and all that follows through ‘(2) subject to subsection (g), the Administrator may’ and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- The Administrator may--CommentsClose CommentsPermalink





‘(1) make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; andCommentsClose CommentsPermalink





‘(2) subject to subsection (g),’; andCommentsClose CommentsPermalink





(2) by striking subsections (e) through (g) and inserting the following:CommentsClose CommentsPermalink





‘(e) Administrative Requirements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), a project that receives grant assistance under subsection (a) shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund established pursuant to title VI.CommentsClose CommentsPermalink





‘(2) DETERMINATION OF GOVERNOR- The requirement described in paragraph (1) shall not apply to a project that receives grant assistance under subsection (a) to the extent that the Governor of the State in which the project is located determines that a requirement described in title VI is inconsistent with the purposes of this section.CommentsClose CommentsPermalink





‘(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, to remain available until expended--CommentsClose CommentsPermalink





‘(1) $375,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





‘(2) $375,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





‘(3) $375,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(4) $375,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





‘(5) $500,000,000 for fiscal year 2012.CommentsClose CommentsPermalink





‘(g) Allocation of Funds-CommentsClose CommentsPermalink





‘(1) FISCAL YEAR 2008 AND 2009- For each of fiscal years 2008 and 2009, subject to subsection (h), the Administrator shall use the amounts made available to carry out this section to provide grants to municipalities and municipal entities under subsection (a)(2)--CommentsClose CommentsPermalink





‘(A) in accordance with the priority criteria described in subsection (b); andCommentsClose CommentsPermalink





‘(B) with additional priority given to proposed projects that involve the use of--CommentsClose CommentsPermalink





‘(i) nonstructural, low-impact development;CommentsClose CommentsPermalink





‘(ii) water conservation, efficiency, or reuse; orCommentsClose CommentsPermalink





‘(iii) other decentralized stormwater or wastewater approaches to minimize flows into the sewer systems.CommentsClose CommentsPermalink





‘(2) FISCAL YEAR 2010 AND THEREAFTER- For fiscal year 2010 and each fiscal year thereafter, subject to subsection (h), the Administrator shall use the amounts made available to carry out this section to provide grants to States under subsection (a)(1) in accordance with a formula that--CommentsClose CommentsPermalink





‘(A) shall be established by the Administrator, after providing notice and an opportunity for public comment; andCommentsClose CommentsPermalink





‘(B) allocates to each State a proportional share of the amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls, as identified in the most recent survey--CommentsClose CommentsPermalink





‘(i) conducted under section 210; andCommentsClose CommentsPermalink





‘(ii) included in a report required under section 516(b)(1)(B).’.CommentsClose CommentsPermalink





(b) Reports- Section 221(i) of the Federal Water Pollution Control Act (33 U.S.C. 1301(i)) is amended in the first sentence by striking ‘2003’ and inserting ‘2010’.CommentsClose CommentsPermalink

SEC. 111. CAPITALIZATION GRANT AGREEMENTS.

Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink





‘(6) treatment works eligible under section 603(c) that are constructed, in whole or in part, using funds made available by a State loan fund under this title shall meet the requirements of section 513 in the same manner as treatment works constructed using assistance provided under title II;’.CommentsClose CommentsPermalink

SEC. 112. CRITICAL WATER INFRASTRUCTURE PROJECTS.

(a) Establishment- The Administrator of the Environmental Protection Agency (referred to in this section as the ‘Administrator’) shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purpose of which is watershed restoration through the protection or improvement of water quality.CommentsClose CommentsPermalink





(b) Project Selection-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator may provide funds under this section to an eligible entity to carry out an eligible project described in paragraph (3).CommentsClose CommentsPermalink





(2) EQUITABLE DISTRIBUTION- The Administrator shall ensure an equitable distribution of projects under this section, taking into account cost and number of requests for each category listed in paragraph (3).CommentsClose CommentsPermalink





(3) ELIGIBLE PROJECTS- A project that is eligible to be carried out using funds provided under this section may include projects that are included in the intended use plan of the State developed in accordance with section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)).CommentsClose CommentsPermalink





(c) Local Participation- In prioritizing projects for implementation under this section, the Administrator shall consult with, and consider the priorities of--CommentsClose CommentsPermalink





(1) affected State and local governments; andCommentsClose CommentsPermalink





(2) public and private entities that are active in watershed planning and restoration.CommentsClose CommentsPermalink





(d) Cost Sharing- Before carrying out any project under this section, the Administrator shall enter into an agreement with 1 or more non-Federal interests that shall require the non-Federal interests--CommentsClose CommentsPermalink





(1) to pay 45 percent of the total costs of the project, which may include services, materials, supplies, or other in-kind contributions;CommentsClose CommentsPermalink





(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project; andCommentsClose CommentsPermalink





(3) to pay 100 percent of any operation, maintenance, repair, replacement, and rehabilitation costs associated with the project.CommentsClose CommentsPermalink





(e) Waiver- The Administrator may waive the requirement to pay the non-Federal share of the cost of carrying out an eligible activity using funds from a grant provided under this section if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink

TITLE II--SAFE DRINKING WATER INFRASTRUCTURECommentsClose CommentsPermalink

SEC. 201. CONTAMINANT PREVENTION, DETECTION, AND RESPONSE.

Section 1434 of the Safe Drinking Water Act (42 U.S.C. 300i-3) is amended by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Report- Not later than 180 days after the date of enactment of the Water Infrastructure Financing Act, the Administrator shall submit to Congress a report that includes--CommentsClose CommentsPermalink





‘(1) a description of the progress made as of that date in implementing this section; andCommentsClose CommentsPermalink





‘(2) a description of any impediments to that implementation identified by the Administrator, including--CommentsClose CommentsPermalink





‘(A) difficulty in coordinating the implementation with other Federal, State, or local agencies or organizations;CommentsClose CommentsPermalink





‘(B) insufficient funding for effective implementation;CommentsClose CommentsPermalink





‘(C) a lack of authorization to take certain actions (including the authority to hire necessary personnel) required to carry out the implementation; andCommentsClose CommentsPermalink





‘(D) technological impediments to developing the methods, means, and equipment specified in subsection (a)(1).CommentsClose CommentsPermalink





‘(c) Implementation Plan- The Administrator shall develop and carry out an implementation plan for this section consistent with actions taken to date and incorporating the results of the report under subsection (b).CommentsClose CommentsPermalink





‘(d) Funding- There is authorized to be appropriated to carry out this section $7,500,000 for each of fiscal years 2008 through 2012.’.CommentsClose CommentsPermalink

SEC. 202. DRINKING WATER TECHNICAL ASSISTANCE FOR COMMUNITIES.

Section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-1(e)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking ‘The Administrator may provide’ and inserting the following:CommentsClose CommentsPermalink





‘(1) PUBLIC WATER SYSTEMS- The Administrator may provide’;CommentsClose CommentsPermalink





(2) in the second sentence, by striking ‘Such assistance’ and inserting the following:CommentsClose CommentsPermalink





‘(2) TYPES OF ASSISTANCE- Such assistance’;CommentsClose CommentsPermalink





(3) in the third sentence, by striking ‘The Administrator shall ensure’ and inserting the following:CommentsClose CommentsPermalink





‘(3) AVAILABILITY- The Administrator shall ensure’;CommentsClose CommentsPermalink





(4) in the fourth sentence, by striking ‘Each nonprofit’ and inserting the following:CommentsClose CommentsPermalink





‘(4) REQUIREMENT APPLICABLE TO NONPROFIT ORGANIZATIONS- Each nonprofit’; andCommentsClose CommentsPermalink





(5) by striking the fifth sentence and all that follows and inserting the following:CommentsClose CommentsPermalink





‘(5) PRIORITY- In providing grants under this section, the Administrator shall give priority to small systems organizations that, as determined by the Administrator, are qualified and will be the most effective at assisting those small systems that have the greatest need (or a majority of need) in the States.CommentsClose CommentsPermalink





‘(6) WELLS AND WELL SYSTEMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Administrator shall provide grants to nonprofit organizations to provide technical assistance to communities and individuals regarding the design, operation, construction, and maintenance of household wells and small shared well-systems that provide drinking water.CommentsClose CommentsPermalink





‘(B) FORM OF ASSISTANCE- Technical assistance referred to in subparagraph (A) may include--CommentsClose CommentsPermalink





‘(i) training and education;CommentsClose CommentsPermalink





‘(ii) operation of a hotline; andCommentsClose CommentsPermalink





‘(iii) the conduct of other activities relating to the design and construction of household, shared, and small water well systems in rural areas.CommentsClose CommentsPermalink





‘(C) PRIORITY- Subject to paragraph (5), in providing grants under this section, the Administrator shall give priority to applicants that, as determined by the Administrator--CommentsClose CommentsPermalink





‘(i) are qualified; andCommentsClose CommentsPermalink





‘(ii) have demonstrated experience in providing similar technical assistance and in developing similar projects.CommentsClose CommentsPermalink





‘(D) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this paragraph $7,500,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink





‘(7) FUNDING-CommentsClose CommentsPermalink





‘(A) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Administrator to carry out this subsection (other than paragraph (6)) $35,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink





‘(B) LOBBYING EXPENSES- No portion of any State loan fund established under section 1452 and no portion of any funds made available under this subsection may be used for lobbying expenses.CommentsClose CommentsPermalink





‘(C) INDIAN TRIBES- Of the total amount made available under this section for each fiscal year, 3 percent shall be used for technical assistance to public water systems owned or operated by Indian Tribes.’.CommentsClose CommentsPermalink

SEC. 203. PRESERVATION OF EMPLOYEE LABOR STANDARDS.

Section 1450 of the Safe Drinking Water Act (42 U.S.C. 300j-9) is amended by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) Labor Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator shall take such action as the Administrator determines to be necessary to ensure that each laborer and mechanic employed by a contractor or subcontractor of a construction project financed, in whole or in part, by a grant, loan, loan guarantee, refinancing, or any other form of financial assistance provided under this Act (including assistance provided by a State loan fund established under section 1452) is paid wages at a rate of not less than the wages prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.CommentsClose CommentsPermalink





‘(2) AUTHORITY OF SECRETARY OF LABOR- With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions established in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code.’.CommentsClose CommentsPermalink

SEC. 204. PRECONSTRUCTION WORK.

Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)) is amended--CommentsClose CommentsPermalink





(1) by designating the first, second, third, fourth, and fifth sentences as subparagraphs (A), (B), (D), (E), and (F), respectively;CommentsClose CommentsPermalink





(2) in subparagraph (B) (as designated by paragraph (1))--CommentsClose CommentsPermalink





(A) by striking ‘(not’ and inserting ‘(including expenditures for planning, design, and associated preconstruction activities, including activities relating to the siting of the facility, but not’; andCommentsClose CommentsPermalink





(B) by inserting before the period at the end the following: ‘or to replace or rehabilitate aging treatment, storage (including reservoirs), or distribution facilities of public water systems or provide for capital projects to upgrade the security of public water systems’; andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (B) (as designated by paragraph (1)) the following:CommentsClose CommentsPermalink





‘(C) SALE OF BONDS- Funds may also be used by a public water system to increase security at the public water system (excluding any expenditure for operations and maintenance), or as a source of revenue (restricted solely to interest earnings of the applicable State loan fund) or security for payment of the principal and interest on revenue or general obligation bonds issued by the State to provide matching funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the State loan fund.’.CommentsClose CommentsPermalink

SEC. 205. PRIORITY SYSTEM REQUIREMENTS.

Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(b)(3)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (B) as subparagraph (D);CommentsClose CommentsPermalink





(2) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(A) DEFINITION OF RESTRUCTURING- In this paragraph, the term ‘restructuring’ means changes in operations (including ownership, cooperative partnerships, asset management, consolidation, and alternative water supply).CommentsClose CommentsPermalink





‘(B) PRIORITY SYSTEM- An intended use plan shall provide, to the maximum extent practicable, that priority for the use of funds be given to projects that--CommentsClose CommentsPermalink





‘(i) address the most serious risk to human health;CommentsClose CommentsPermalink





‘(ii) are necessary to ensure compliance with this title (including requirements for filtration); andCommentsClose CommentsPermalink





‘(iii) assist systems most in need on a per-household basis according to State affordability criteria.CommentsClose CommentsPermalink





‘(C) WEIGHT GIVEN TO APPLICATIONS- After determining project priorities under subparagraph (B), an intended use plan shall further provide that the State shall give greater weight to an application for assistance by a community water system if the application includes such information as the State determines to be necessary, including--CommentsClose CommentsPermalink





‘(i) an inventory of assets, including a description of the condition of the assets;CommentsClose CommentsPermalink





‘(ii) a schedule for replacement of assets;CommentsClose CommentsPermalink





‘(iii) a financing plan that factors in all life-cycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs;CommentsClose CommentsPermalink





‘(iv) a review of options for restructuring the public water system;CommentsClose CommentsPermalink





‘(v) demonstration of consistency with State, regional, and municipal watershed plans; andCommentsClose CommentsPermalink





‘(vi) a water conservation plan consistent with guidelines developed for those plans by the Administrator under section 1455(a).’; andCommentsClose CommentsPermalink





(3) in subparagraph (D) (as redesignated by paragraph (1)), by striking ‘periodically’ and inserting ‘at least biennially’.CommentsClose CommentsPermalink

SEC. 206. AFFORDABILITY.

Section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)) is amended in the first sentence by inserting ‘, or portion of a service area,’ after ‘service area’.CommentsClose CommentsPermalink

SEC. 207. SAFE DRINKING WATER REVOLVING LOAN FUNDS.

Section 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j-12(g)) is amended--CommentsClose CommentsPermalink





(1) paragraph (2)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘4’ and inserting ‘6’; andCommentsClose CommentsPermalink





(B) by striking ‘1419,’ and all that follows through ‘1993.’ and inserting ‘1419.’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) TRANSFER OF FUNDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Governor of a State may--CommentsClose CommentsPermalink





‘(i)(I) reserve not more than 33 percent of a capitalization grant made under this section; andCommentsClose CommentsPermalink





‘(II) add the funds reserved to any funds provided to the State under section 601 of the Federal Water Pollution Control Act (33 U.S.C. 1381); andCommentsClose CommentsPermalink





‘(ii)(I) reserve for any fiscal year an amount that does not exceed the amount that may be reserved under clause (i)(I) for that year from capitalization grants made under section 601 of that Act (33 U.S.C. 1381); andCommentsClose CommentsPermalink





‘(II) add the reserved funds to any funds provided to the State under this section.CommentsClose CommentsPermalink





‘(B) STATE MATCH- Funds reserved under this paragraph shall not be considered to be a State match of a capitalization grant required under this section or section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)).’.CommentsClose CommentsPermalink

SEC. 208. OTHER AUTHORIZED ACTIVITIES.

Section 1452(k)(2)(D) of the Safe Drinking Water Act (42 U.S.C. 300j-12(k)(2)(D)) is amended by inserting before the period at the end the following: ‘(including implementation of source water protection plans)’.CommentsClose CommentsPermalink

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended by striking subsection (m) and inserting the following:CommentsClose CommentsPermalink





‘(m) Authorization of Appropriations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





‘(A) $1,500,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





‘(B) $2,000,000,000 for each of fiscal years 2009 and 2010;CommentsClose CommentsPermalink





‘(C) $3,500,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





‘(D) $6,000,000,000 for fiscal year 2012.CommentsClose CommentsPermalink





‘(2) AVAILABILITY- Amounts made available under this subsection shall remain available until expended.CommentsClose CommentsPermalink





‘(3) RESERVATION FOR NEEDS SURVEYS- Of the amount made available under paragraph (1) to carry out this section for a fiscal year, the Administrator may reserve not more than $1,000,000 per year to pay the costs of conducting needs surveys under subsection (h).’.CommentsClose CommentsPermalink

SEC. 210. NEGOTIATION OF CONTRACTS.

Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(s) Negotiation of Contracts-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A contract to be carried out using funds directly made available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as--CommentsClose CommentsPermalink





‘(A) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; orCommentsClose CommentsPermalink





‘(B) an equivalent State qualifications-based requirement (as determined by the Governor of the State).CommentsClose CommentsPermalink





‘(2) EXEMPTION FOR SMALL COMMUNITIES- Paragraph (1) shall not apply to a contract described in that paragraph for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services for a community of 10,000 or fewer individuals.’.CommentsClose CommentsPermalink

SEC. 211. CRITICAL DRINKING WATER INFRASTRUCTURE PROJECTS.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purpose of which is to assist community water systems in meeting the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.).CommentsClose CommentsPermalink





(b) Project Selection- A project that is eligible to be carried out using funds provided under this section may include projects that--CommentsClose CommentsPermalink





(1) develop alternative water sources;CommentsClose CommentsPermalink





(2) provide assistance to small systems; orCommentsClose CommentsPermalink





(3) assist a community water system--CommentsClose CommentsPermalink





(A) to comply with a national primary drinking water regulation; orCommentsClose CommentsPermalink





(B) to mitigate groundwater contamination, including saltwater intrusion.CommentsClose CommentsPermalink





(c) Eligible Entities- An entity eligible to receive a grant under this section is--CommentsClose CommentsPermalink





(1) a community water system as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f); orCommentsClose CommentsPermalink





(2) a system that is located in an area governed by an Indian Tribe (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f));CommentsClose CommentsPermalink





(d) Priority- In prioritizing projects for implementation under this section, the Administrator shall give priority to community water systems that--CommentsClose CommentsPermalink





(1) serve a community that, under affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12), is determined by the State to be--CommentsClose CommentsPermalink





(A) a disadvantaged community; orCommentsClose CommentsPermalink





(B) a community that may become a disadvantaged community as a result of carrying out an eligible activity; orCommentsClose CommentsPermalink





(2) serve a community with a population of less than 10,000 individuals.CommentsClose CommentsPermalink





(e) Local Participation- In prioritizing projects for implementation under this section, the Administrator shall consult with, and consider the priorities of, affected States, Indian Tribes, and local governments.CommentsClose CommentsPermalink





(f) Cost-Sharing- Before carrying out any project under this section, the Administrator shall enter into a binding agreement with 1 or more non-Federal interests that shall require the non-Federal interests--CommentsClose CommentsPermalink





(1) to pay 45 percent of the total costs of the project, which may include services, materials, supplies, or other in-kind contributions;CommentsClose CommentsPermalink





(2) to provide any land, easements, rights-of-way, and relocations necessary to carry out the project; andCommentsClose CommentsPermalink





(3) to pay 100 percent of any operation, maintenance, repair, replacement, and rehabilitation costs associated with the project.CommentsClose CommentsPermalink





(g) Waiver- The Administrator may waive the requirement to pay the non-Federal share of the cost of carrying out an eligible activity using funds from a grant provided under this section if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.CommentsClose CommentsPermalink





(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $300,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink

SEC. 212. DISTRICT OF COLUMBIA LEAD SERVICE LINE REPLACEMENT.

(a) Service Line Replacement-CommentsClose CommentsPermalink





(1) GALVANIC EFFECTS- In carrying out lead service line replacement in the District of Columbia, the galvanic effects of replacement of the service lines shall be addressed prior to replacement.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out lead service line replacement in the District of Columbia $30,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink





(b) Lead Service Line Replacement Assistance Fund-CommentsClose CommentsPermalink





(1) DEFINITION OF LOW-INCOME- In this subsection, the term ‘low-income’ shall be defined by the District of Columbia.CommentsClose CommentsPermalink





(2) GRANTS- Of the funds provided under subsection (a)(2), not more than $2,000,000 per year may be allocated for water service line replacement grants to provide assistance to low-income residents to replace the privately-owned portion of lead service lines.CommentsClose CommentsPermalink





(3) LIMITATION- An individual grant provided under paragraph (2) shall not exceed $5,000.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUSCommentsClose CommentsPermalink

SEC. 301. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) ACADEMY- The term ‘Academy’ means the National Academy of Sciences.CommentsClose CommentsPermalink





(2) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink

SEC. 302. PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT.

(a) Initial Grant Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a program to award grants and enter into contracts and cooperative agreements with research institutions, institutions of higher education, and other appropriate entities (including consortia of such institutions and entities), through a competitive process, for research on and development of the use of innovative and alternative technologies to improve water quality or drinking water supply.CommentsClose CommentsPermalink





(2) TYPES OF PROJECTS- In carrying out this subsection, the Administrator may select projects relating to such matters as innovative or alternative technologies, approaches, practices, or methods--CommentsClose CommentsPermalink





(A) to increase the effectiveness and efficiency of water and wastewater infrastructure through the use of integrated water resource management;CommentsClose CommentsPermalink





(B) to increase the effectiveness and efficiency of public water systems, including--CommentsClose CommentsPermalink





(i) source water protection;CommentsClose CommentsPermalink





(ii) water use reduction;CommentsClose CommentsPermalink





(iii) water reuse;CommentsClose CommentsPermalink





(iv) water treatment;CommentsClose CommentsPermalink





(v) water distribution and wastewater collection systems; andCommentsClose CommentsPermalink





(vi) water security;CommentsClose CommentsPermalink





(C) to encourage the use of innovative or alternative technologies or approaches relating to water supply or availability;CommentsClose CommentsPermalink





(D) to increase the effectiveness and efficiency of new and existing treatment works, including--CommentsClose CommentsPermalink





(i) methods of collecting, treating, dispersing, reusing, reclaiming, and recycling wastewater;CommentsClose CommentsPermalink





(ii) system design;CommentsClose CommentsPermalink





(iii) nonstructural alternatives;CommentsClose CommentsPermalink





(iv) decentralized approaches;CommentsClose CommentsPermalink





(v) stormwater and wastewater reuse;CommentsClose CommentsPermalink





(vi) water efficiency and conservation; andCommentsClose CommentsPermalink





(vii) wastewater security;CommentsClose CommentsPermalink





(E) to increase the effectiveness and efficiency of municipal separate storm sewer systems and combined sewer systems, including through the use of soil and vegetation or other permeable materials;CommentsClose CommentsPermalink





(F) to promote new water treatment technologies and management approaches, including commercialization and dissemination strategies for adoption of innovative water, wastewater, and stormwater technologies and management approaches or low-impact development technologies in the homebuilding industry; orCommentsClose CommentsPermalink





(G) to maintain a clearinghouse of technologies and management approaches developed under this subsection and subsection (b) at a research consortium or institute.CommentsClose CommentsPermalink





(3) REPORT- Not later than 2 years after the date on which the program is established under paragraph (1), the Administrator shall publish a report that details the findings of each recipient of a grant under the program with respect to the identification of any potential new technologies or management approaches developed in accordance with this section.CommentsClose CommentsPermalink





(b) Nationwide Grant Program-CommentsClose CommentsPermalink





(1) DEFINITION OF MUNICIPALITY- In this subsection, the term ‘municipality’ means--CommentsClose CommentsPermalink





(A) a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law; orCommentsClose CommentsPermalink





(B) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).CommentsClose CommentsPermalink





(2) ESTABLISHMENT- Not later than 90 days after the date of publication of the report under subsection (a)(3), the Administrator shall establish a nationwide demonstration grant program--CommentsClose CommentsPermalink





(A) to promote innovations in technology and alternative approaches to water quality management or water supply developed under subsection (a); andCommentsClose CommentsPermalink





(B) to reduce costs to municipalities incurred in complying with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Safe Drinking Water Act (42 U.S.C. 300f et seq.) through the approaches and technologies developed under subsection (a).CommentsClose CommentsPermalink





(3) SCOPE- The demonstration grant program shall consist of up to 10 projects each year, to be carried out in municipalities selected by the Administrator under paragraph (4).CommentsClose CommentsPermalink





(4) SELECTION OF MUNICIPALITIES-CommentsClose CommentsPermalink





(A) APPLICATION- A municipality that seeks to participate in the demonstration grant program established under paragraph (2) shall submit to the Administrator a plan that--CommentsClose CommentsPermalink





(i) is developed in coordination with--CommentsClose CommentsPermalink





(I) the agencies of the State having jurisdiction over water quality and water supply matters; andCommentsClose CommentsPermalink





(II) interested stakeholders, including institutions of higher education and related research institutions;CommentsClose CommentsPermalink





(ii) describes water impacts specific to urban or rural areas;CommentsClose CommentsPermalink





(iii) includes a strategy under which the municipality, through participation in the demonstration grant program, could effectively--CommentsClose CommentsPermalink





(I) address water quality or water supply problems; andCommentsClose CommentsPermalink





(II) achieve the water quality goals that--CommentsClose CommentsPermalink

(aa) could be achieved using more traditional methods; andCommentsClose CommentsPermalink

(bb) are required under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); andCommentsClose CommentsPermalink

(iv) includes a schedule for achieving the water quality or water supply goals of the municipality.CommentsClose CommentsPermalink





(B) CATEGORIES OF PROJECTS- In carrying out the demonstration grant program, the Administrator shall provide grants for projects relating to water supply or water quality matters described in subsection (a)(2)(A).CommentsClose CommentsPermalink





(C) RESPONSIBILITIES OF ADMINISTRATOR- In providing grants for projects under this subsection, the Administrator shall--CommentsClose CommentsPermalink





(i) ensure, to the maximum extent practicable, that--CommentsClose CommentsPermalink





(I) the demonstration grant program under this subsection includes a variety of projects with respect to--CommentsClose CommentsPermalink

(aa) geographical distribution;CommentsClose CommentsPermalink

(bb) innovative technologies used for the projects; andCommentsClose CommentsPermalink

(cc) nontraditional approaches (including low-impact development technologies) used for the projects; andCommentsClose CommentsPermalink

(II) each category of project described in subparagraph (B) is adequately represented;CommentsClose CommentsPermalink





(ii) give higher priority to projects that--CommentsClose CommentsPermalink





(I) address multiple problems; andCommentsClose CommentsPermalink





(II) are regionally applicable;CommentsClose CommentsPermalink





(iii) ensure, to the maximum extent practicable, that at least 1 community having a population of 10,000 or fewer individuals receives a grant for each fiscal year; andCommentsClose CommentsPermalink





(iv) ensure that, for each fiscal year, no municipality receives more than 25 percent of the total amount of funds made available for the fiscal year to provide grants under this subsection.CommentsClose CommentsPermalink





(D) COST SHARING-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.CommentsClose CommentsPermalink





(ii) WAIVER- The Administrator may reduce or eliminate the non-Federal share of the cost of a project for reasons of affordability.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) REPORTS FROM GRANT RECIPIENTS- A recipient of a grant under this section shall submit to the Administrator, on the date of completion of a project of the recipient and on each of the dates that is 1, 2, and 3 years after that date, a report that describes the effectiveness of the project.CommentsClose CommentsPermalink





(2) REPORTS TO CONGRESS- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report that describes the status and results of the grant programs under this section.CommentsClose CommentsPermalink





(d) Incorporation of Results and Information- To the maximum extent practicable, the Administrator shall incorporate the results of, and information obtained from, successful projects under this section into programs administered by the Administrator.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink

SEC. 303. AGRICULTURAL POLLUTION CONTROL TECHNOLOGY GRANT PROGRAM.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) AGRICULTURAL COMMODITY- The term ‘agricultural commodity’ means--CommentsClose CommentsPermalink





(A) agricultural, horticultural, viticultural, and dairy products;CommentsClose CommentsPermalink





(B) livestock and the products of livestock;CommentsClose CommentsPermalink





(C) the products of poultry and bee raising;CommentsClose CommentsPermalink





(D) the products of forestry; andCommentsClose CommentsPermalink





(E) other commodities raised or produced on agricultural sites, as determined to be appropriate by the Secretary.CommentsClose CommentsPermalink





(2) AGRICULTURAL PROJECT- The term ‘agricultural project’ means an agricultural pollution control technology pilot project that, as determined by the Administrator--CommentsClose CommentsPermalink





(A) is carried out at an agricultural site;CommentsClose CommentsPermalink





(B) achieves demonstrable reductions in water pollution or water use that meet or exceed those mandated by statutory or regulatory requirements; andCommentsClose CommentsPermalink





(C) will not substantially adversely affect any other long-term environmental medium, including air and groundwater resources.CommentsClose CommentsPermalink





(3) AGRICULTURAL SITE- The term ‘agricultural site’ means a farming or ranching operation of a producer.CommentsClose CommentsPermalink





(4) PRODUCER- The term ‘producer’ means any person who is engaged in the production and sale of an agricultural commodity in the United States and who owns, or shares the ownership and risk of loss of, the agricultural commodity.CommentsClose CommentsPermalink





(5) REVOLVING FUND- The term ‘revolving fund’ means an agricultural pollution control technology State revolving fund established by a State using amounts provided under subsection (b)(1).CommentsClose CommentsPermalink





(b) Grants for Agricultural State Revolving Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this section, the Administrator shall provide to each eligible State described in paragraph (2) 1 or more capitalization grants, that cumulatively equal no more than $1,000,000 per State, for use in establishing, within an agency of the State having jurisdiction over agriculture or environmental quality, an agricultural pollution control technology State revolving fund.CommentsClose CommentsPermalink





(2) ELIGIBLE STATES- An eligible State referred to in paragraph (1) is a State that agrees, prior to receipt of a capitalization grant under paragraph (1)--CommentsClose CommentsPermalink





(A) to establish, and deposit the funds from the grant in, a revolving fund;CommentsClose CommentsPermalink





(B) to provide, at a minimum, a State share in an amount equal to 20 percent of the capitalization grant;CommentsClose CommentsPermalink





(C) to use amounts in the revolving fund to make loans to producers in accordance with subsection (c); andCommentsClose CommentsPermalink





(D) to return amounts in the revolving fund if no loan applications are granted within 2 years of the receipt of the initial capitalization grant.CommentsClose CommentsPermalink





(c) Loans to Producers-CommentsClose CommentsPermalink





(1) USE OF FUNDS- A State that establishes a revolving fund under subsection (b)(2) shall use amounts in the revolving fund to provide loans to producers for use in designing and constructing agricultural projects.CommentsClose CommentsPermalink





(2) MAXIMUM AMOUNT OF LOAN- The amount of a loan made to a producer using funds from a revolving fund shall not exceed $250,000, in the aggregate, for all agricultural projects serving an agricultural site of the producer.CommentsClose CommentsPermalink





(3) CONDITIONS ON LOANS- A loan made to a producer using funds from a revolving fund shall--CommentsClose CommentsPermalink





(A) have an interest rate that is not more than the market interest rate, including an interest-free loan; andCommentsClose CommentsPermalink





(B) be repaid to the revolving fund not later than 20 years after the date on which the loan is made.CommentsClose CommentsPermalink





(d) Requirements for Producers-CommentsClose CommentsPermalink





(1) IN GENERAL- A producer that seeks to receive a loan from a revolving fund shall--CommentsClose CommentsPermalink





(A) submit to the State in which the agricultural site of the producer is located an application that--CommentsClose CommentsPermalink





(i) contains such information as the State may require; andCommentsClose CommentsPermalink





(ii) demonstrates, to the satisfaction of the State, that each project proposed to be carried out with funds from the loan is an agricultural project; andCommentsClose CommentsPermalink





(B) agree to expend all funds from a loan in an expeditious and timely manner, as determined by the State.CommentsClose CommentsPermalink





(2) MAXIMUM PERCENTAGE OF AGRICULTURAL PROJECT COST- Subject to subsection (c)(2), a producer that receives a loan from a revolving fund may use funds from the loan to pay up to 100 percent of the cost of carrying out an agricultural project.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000.CommentsClose CommentsPermalink

SEC. 304. STATE REVOLVING FUND REVIEW PROCESS.

As soon as practicable after the date of enactment of this Act, the Administrator shall--CommentsClose CommentsPermalink





(1) consult with States, utilities, nonprofit organizations, and other Federal agencies providing financial assistance to identify ways to expedite and improve the application and review process, for the provision of assistance from--CommentsClose CommentsPermalink





(A) the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); andCommentsClose CommentsPermalink





(B) the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12);CommentsClose CommentsPermalink





(2) in carrying out this section, the Administrator shall consider the needs of small treatment works (as defined by section 222 of the Federal Water Pollution Control Act and small public water systems (as described in section 1433(d) of the Safe Drinking Water Act (42 U.S.C. 300i-2(d));CommentsClose CommentsPermalink





(3) take such administrative action as is necessary to expedite and improve the process as the Administrator has authority to take under existing law;CommentsClose CommentsPermalink





(4) collect information relating to innovative approaches taken by any State to simplify the application process of the State, and provide the information to each State; andCommentsClose CommentsPermalink





(5) submit to Congress a report that, based on the information identified under paragraph (1), contains recommendations for legislation to facilitate further streamlining and improvement of the process.CommentsClose CommentsPermalink

SEC. 305. COST OF SERVICE STUDY.

(a) In General- Not later than 2 years after the date of enactment of this Act, the Administrator shall enter an arrangement with the Academy under which the Academy shall complete and provide to the Administrator the results of a study of the means by which public water systems and treatment works selected by the Academy in accordance with subsection (c) meet the costs associated with operations, maintenance, capital replacement, and regulatory requirements.CommentsClose CommentsPermalink





(b) Required Elements-CommentsClose CommentsPermalink





(1) AFFORDABILITY- The study shall, at a minimum--CommentsClose CommentsPermalink





(A) determine whether the rates at public water systems and treatment works for communities included in the study were established using a full-cost pricing model;CommentsClose CommentsPermalink





(B) if a full-cost pricing model was not used, identify any incentive rate systems that have been successful in significantly reducing--CommentsClose CommentsPermalink





(i) per capita water demand;CommentsClose CommentsPermalink





(ii) the volume of wastewater flows;CommentsClose CommentsPermalink





(iii) the volume of stormwater runoff; orCommentsClose CommentsPermalink





(iv) the quantity of pollution generated by stormwater;CommentsClose CommentsPermalink





(C) identify a set of best industry practices that public water systems and treatment works may use in establishing a rate structure that--CommentsClose CommentsPermalink





(i) adequately addresses the true cost of services provided to consumers by public water systems and treatment works, including infrastructure replacement;CommentsClose CommentsPermalink





(ii) encourages water conservation; andCommentsClose CommentsPermalink





(iii) takes into consideration the needs of disadvantaged individuals and communities, as identified by the Administrator;CommentsClose CommentsPermalink





(D) identify existing standards for affordability and the manner in which those standards are determined and defined;CommentsClose CommentsPermalink





(E) determine the manner in which affordability varies with respect to communities of different sizes and in different regions; andCommentsClose CommentsPermalink





(F) determine the extent to which affordability affects the decision of a community to increase public water system and treatment works rates (including the decision relating to the percentage by which those rates should be increased).CommentsClose CommentsPermalink





(2) DISADVANTAGED COMMUNITIES- The study shall, at a minimum--CommentsClose CommentsPermalink





(A) survey a cross-section of States representing different sizes, demographics, and geographical regions;CommentsClose CommentsPermalink





(B) describe, for each State described in subparagraph (A), the definition of ‘disadvantaged community’ used in the State in carrying out projects and activities under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);CommentsClose CommentsPermalink





(C) review other means of identifying the meaning of the term ‘disadvantaged’, as that term applies to communities;CommentsClose CommentsPermalink





(D) determine which factors and characteristics are required for a community to be considered ‘disadvantaged’; andCommentsClose CommentsPermalink





(E) evaluate the degree to which factors such as a reduction in the tax base over a period of time, a reduction in population, the loss of an industrial base, and the existence of areas of concentrated poverty are taken into account in determining whether a community is a disadvantaged community.CommentsClose CommentsPermalink





(c) Selection of Communities- The Academy shall select communities, the public water system and treatment works rate structures of which are to be studied under this section, that include a cross-section of communities representing various populations, income levels, demographics, and geographical regions.CommentsClose CommentsPermalink





(d) Use of Results of Study- On receipt of the results of the study, the Administrator shall--CommentsClose CommentsPermalink





(1) submit the study to Congress;CommentsClose CommentsPermalink





(2) submit a report that describes the results of the study; andCommentsClose CommentsPermalink





(3) make the results available to treatment works and public water systems for use by the publicly owned treatment works and public water systems, on a voluntary basis, in determining whether 1 or more new approaches may be implemented at facilities of the publicly owned treatment works and public water systems.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink

SEC. 306. WATER MANAGEMENT STUDY.

(a) In General- As soon as practicable after the date of enactment of this Act, the Administrator shall enter into an arrangement with the Academy under which the Academy shall conduct a study, during the 26-month period beginning on the date of enactment of this Act, of innovative, effective, and systematic approaches for the management of water supply, wastewater, and stormwater in urban areas and surrounding communities (including greenfield developments) in the United States and other countries.CommentsClose CommentsPermalink





(b) Requirements- In carrying out the study under this section, the Academy shall--CommentsClose CommentsPermalink





(1) pay particular attention to soft-path or low-impact approaches to the management described in subsection (a); andCommentsClose CommentsPermalink





(2) consider the costs of approaches that are analyzed.CommentsClose CommentsPermalink





(c) Funding- The Administrator shall provide to the Academy a grant in the amount of $1,000,000 for the period of fiscal years 2009 through 2011 for use in carrying out the study under this section.CommentsClose CommentsPermalink

SEC. 307. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS.

Notwithstanding any other provision of this Act, each amount authorized to be appropriated under this Act shall be reduced by 2 percent.CommentsClose CommentsPermalink

Calendar No. 1092CommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act and the Safe Drinking Water Act to improve water and wastewater infrastructure in the United States.CommentsClose CommentsPermalink

September 26 (legislative day, September 17), 2008CommentsClose CommentsPermalink