U.S. Congress - Text of H.R.3202 as Introduced in House Water Protection and Reinvestment Act of 2009
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Donate NowH.R.3202 - Water Protection and Reinvestment Act of 2009
To establish a Water Protection and Reinvestment Fund to support investments in clean water and drinking water infrastructure, and for other purposes.
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HR 3202 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 3202CommentsClose CommentsPermalink
To establish a Water Protection and Reinvestment Fund to support investments in clean water and drinking water infrastructure, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
July 14, 2009CommentsClose CommentsPermalink
July 14, 2009CommentsClose CommentsPermalink
Mr. BLUMENAUER (for himself, Mr. LATOURETTE, Mr. SIMPSON, Mr. DICKS, and Mr. PETRI) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To establish a Water Protection and Reinvestment Fund to support investments in clean water and drinking water infrastructure, and for other purposes.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 Protection and Reinvestment Act of 2009’.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--REVENUE
Sec. 101. Establishment and funding of Water Protection and Reinvestment Trust Fund.CommentsClose CommentsPermalink
Sec. 102. Allocation of funds.CommentsClose CommentsPermalink
TITLE II--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 201. Amendment of Federal Water Pollution Control Act.CommentsClose CommentsPermalink
Sec. 202. Technical assistance.CommentsClose CommentsPermalink
Sec. 203. General authority for capitalization grants.CommentsClose CommentsPermalink
Sec. 204. Capitalization grant agreements.CommentsClose CommentsPermalink
Sec. 205. Water pollution control revolving loan funds.CommentsClose CommentsPermalink
Sec. 206. High priority project grants and principal forgiveness.CommentsClose CommentsPermalink
TITLE III--SAFE DRINKING WATER ACT FUNDING
Sec. 301. Use of State revolving loan funds.CommentsClose CommentsPermalink
Sec. 302. Priority system requirements.CommentsClose CommentsPermalink
Sec. 303. Affordability.CommentsClose CommentsPermalink
Sec. 304. Needs survey.CommentsClose CommentsPermalink
Sec. 305. Negotiation of contracts.CommentsClose CommentsPermalink
Sec. 306. Drinking water technical assistance for communities.CommentsClose CommentsPermalink
TITLE IV--ADDITIONAL GRANT PROGRAMS
Sec. 401. Definitions.CommentsClose CommentsPermalink
Sec. 402. Treatment works and community water system security grants.CommentsClose CommentsPermalink
Sec. 403. Climate Change Mitigation and Adaptation Grants.CommentsClose CommentsPermalink
Sec. 404. Workforce Development Grants.CommentsClose CommentsPermalink
Sec. 405. Sewer overflow control grants.CommentsClose CommentsPermalink
Sec. 406. Research, Development, and Technology Demonstration Program.CommentsClose CommentsPermalink
Sec. 407. Regional water research centers.CommentsClose CommentsPermalink
Sec. 408. Cost of service study.CommentsClose CommentsPermalink
Sec. 409. Drug take-back grants.CommentsClose CommentsPermalink
Sec. 410. State revolving fund review process.CommentsClose CommentsPermalink
TITLE I--REVENUECommentsClose CommentsPermalink
TITLE I--REVENUECommentsClose CommentsPermalink
SEC. 101. ESTABLISHMENT AND FUNDING OF WATER PROTECTION AND REINVESTMENT TRUST FUND.
(a) Water Protection and Reinvestment Trust Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘SEC. 9511. WATER PROTECTION AND REINVESTMENT TRUST FUND.
‘(a) Creation of Trust Fund- There is established in the Treasury of the United States a trust fund to be known as the ‘Water Protection and Reinvestment Trust Fund’, consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b).CommentsClose CommentsPermalink
‘(b) Transfers to Trust Fund- There are hereby appropriated to the Water Protection and Reinvestment Trust Fund amounts equivalent to the taxes received in the Treasury before January 1, 2016, under the following provisions--CommentsClose CommentsPermalink
‘(1) section 59B (relating to clean water restoration tax), andCommentsClose CommentsPermalink
‘(2) section 4171 (relating to taxes relating to water).CommentsClose CommentsPermalink
‘(c) Expenditures- Amounts in the Water Protection and Reinvestment Trust Fund shall be available, as provided in appropriation Acts, only for purposes of investments in clean water and drinking water infrastructure in accordance with the Water Protection and Reinvestment Act of 2009.’.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘Sec. 9511. Water Protection and Reinvestment Trust Fund.’.CommentsClose CommentsPermalink
(b) Excise Taxes Funding Water Protection and Reinvestment Trust Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 32 of such Code is amended by inserting after subchapter D the following new subchapter:CommentsClose CommentsPermalink
‘Subchapter E--Taxes Relating to Water
‘Sec. 4171. Imposition of tax.CommentsClose CommentsPermalink
‘Sec. 4172. Definitions and special rule.CommentsClose CommentsPermalink
‘SEC. 4171. IMPOSITION OF TAX.
‘(a) Water-based Beverage- There is hereby imposed on the sale of any container of water-based beverage by the manufacturer, producer, or importer thereof a tax equal to 4 cents per container of such beverage which is 5 gallons or less. For purposes of the preceding sentence, the manufacturer or producer is the entity that puts the beverage into the container subject to the tax under such sentence.CommentsClose CommentsPermalink
‘(b) Water Disposal Product- There is hereby imposed on the sale of any water disposal product by the manufacturer, producer, or importer thereof a tax equal to 3 percent of the price for which so sold.CommentsClose CommentsPermalink
‘(c) Pharmaceutical Tax- There is hereby imposed on the sale of any pharmaceutical product by the manufacturer, producer, or importer thereof a tax equal to 0.5 percent of the price for which so sold.CommentsClose CommentsPermalink
‘(d) Termination- The taxes imposed by this section shall not apply to any production, manufacture, or importation after December 31, 2015.CommentsClose CommentsPermalink
‘SEC. 4172. DEFINITIONS AND SPECIAL RULE.
‘(a) Water-based Beverage- For purposes of this subchapter--CommentsClose CommentsPermalink
‘(1) WATER-BASED BEVERAGE- The term ‘water-based beverage’ means any beverage which is--CommentsClose CommentsPermalink
‘(A) water, orCommentsClose CommentsPermalink
‘(B) created by mixing water with other liquids, flavorings, vitamins, or other ingredients where the resulting product is at least 50 percent water by weight.CommentsClose CommentsPermalink
‘(2) EXCEPTIONS- The term ‘water-based beverage’ does not include--CommentsClose CommentsPermalink
‘(A) any pharmaceutical product,CommentsClose CommentsPermalink
‘(B) any alcoholic beverage, andCommentsClose CommentsPermalink
‘(C) any product where--CommentsClose CommentsPermalink
‘(i) at least 75 percent of the water that naturally existed in the product is removed,CommentsClose CommentsPermalink
‘(ii) the resulting concentrated product is shipped and then the water replaced, andCommentsClose CommentsPermalink
‘(iii) the beverage is then packaged for sale.CommentsClose CommentsPermalink
‘(3) CONTAINER- The term ‘container’ means any can, glass bottle, plastic bottle, aseptic container, or other sealed package for transportation and sale.CommentsClose CommentsPermalink
‘(b) Water Disposal Product- For purposes of this subchapter--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘water disposal product’ means any of the following: soaps and detergents, toiletries, toilet tissue, water softeners, and cooking oils.CommentsClose CommentsPermalink
‘(2) SOAPS AND DETERGENTS- The term ‘soaps and detergents’ means--CommentsClose CommentsPermalink
‘(A) soaps and other detergents, such as laundry detergents and dishwashing detergents,CommentsClose CommentsPermalink
‘(B) toothpaste gels, andCommentsClose CommentsPermalink
‘(C) tooth powders,CommentsClose CommentsPermalink
as determined under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(3) TOILETRIES- The term ‘toiletries’ means toilet preparations such as perfumes, shaving preparations, hair preparations, face creams, lotions (including sunscreens), and other cosmetic preparations, as determined under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(4) TOILET TISSUE- The term ‘toilet tissue’ means toilet tissue, as determined under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(5) WATER SOFTENERS- The term ‘water softeners’ means farm, household, commercial, and industrial water softeners, as determined under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(6) COOKING OILS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘cooking oils’ means corn oils, soy oils, and other vegetable oils, as determined under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(B) EXCEPTION- The term ‘cooking oils’ does not mean a product that the Secretary determines, by regulation, is not typically disposed of, by consumers, directly in wastewater.CommentsClose CommentsPermalink
‘(c) Pharmaceutical Product- The term ‘pharmaceutical product’ means--CommentsClose CommentsPermalink
‘(1) a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (
21 U.S.C. 321 )), andCommentsClose CommentsPermalink‘(2) a biological product (as defined in section 351 of the Public Health Service Act (
42 U.S.C. 261 )).CommentsClose CommentsPermalink‘(d) Use Treated as Sale- For purposes of this subchapter, if any person manufactures, produces, or imports any item on which tax is imposed under this subchapter, and uses such item, then such person shall be liable for tax under this subchapter in the same manner as if such item were sold by such person.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- The table of subchapters for chapter 32 of such Code is amended by inserting after the item relating to subchapter D the following new item:CommentsClose CommentsPermalink
‘subchapter e. taxes relating to water’.
(c) Corporate Income Tax Funding Water Protection and Reinvestment Trust Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new part:CommentsClose CommentsPermalink
‘PART VIII--CLEAN WATER RESTORATION TAX
‘SEC. 59B. CLEAN WATER RESTORATION TAX.
‘(a) Imposition of Tax- In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.15 percent of the excess of--CommentsClose CommentsPermalink
‘(1) the modified alternative minimum taxable income of such corporation for the taxable year, overCommentsClose CommentsPermalink
‘(2) $4,000,000.CommentsClose CommentsPermalink
‘(b) Modified Alternative Minimum Taxable Income- For purposes of this section, the term ‘modified alternative minimum taxable income’ has the meaning given such term by section 59A(b).CommentsClose CommentsPermalink
‘(c) Applicable Rules- For purposes of this section, rules similar to the rules of subsections (c) and (d) of section 59A shall apply.CommentsClose CommentsPermalink
‘(d) Application of Tax- Subsection (a) shall not apply to a taxable year beginning after December 31, 2015.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 26(b)(2) of such Code is amended by striking ‘and’ at the end of subparagraph (W), by striking the period at the end of subparagraph (X) and inserting ‘, and’, and by inserting after subparagraph (Y) the following new subparagraph:CommentsClose CommentsPermalink
‘(Y) section 59B (relating to clean water restoration tax).’.CommentsClose CommentsPermalink
(B) Section 164(a) of such Code is amended by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) The clean water restoration tax imposed by section 59B.’.CommentsClose CommentsPermalink
(C) Section 275(a)(6) of such Code is amended by inserting ‘or 59B’ after ‘section 59A’.CommentsClose CommentsPermalink
(D) Section 882(a)(1) of such Code is amended by inserting ‘59B,’ after ‘59A,’.CommentsClose CommentsPermalink
(E) Section 1561(a) of such Code is amended by striking ‘and’ at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ‘, and’, and by inserting after paragraph (4) the following new subparagraph:CommentsClose CommentsPermalink
‘(5) one $4,000,000 amount for purposes of computing the tax imposed by section 59B.’.CommentsClose CommentsPermalink
(F) Section 6425(g)(1)(A) of such Code is amended by striking ‘plus’ at the end of clause (iii), by striking ‘over’ at the end of clause (iv) and inserting ‘plus’, and by inserting after clause (iv) the following new clause:CommentsClose CommentsPermalink
‘(iv) the tax imposed by section 59B, over’.CommentsClose CommentsPermalink
(G) Section 6655(c)(1)(A) of such Code is amended by striking ‘plus’ at the end of clause (ii), by striking ‘over’ at the end of clause (iii) and inserting ‘plus’, and by inserting after clause (iii) the following new clause:CommentsClose CommentsPermalink
‘(iv) the tax imposed by section 59B, over’.CommentsClose CommentsPermalink
(d) Effective Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) EXCISE TAX- The amendments made by subsection (b) shall apply to sales on or after the first calendar quarter beginning after 1 year after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 102. ALLOCATION OF FUNDS.
(a) In General- The Administrator of the Environmental Protection Agency shall allocate the amount of funds appropriated out of the Water Protection and Reinvestment Fund established by section 9511 of the Internal Revenue Code of 1986 for a fiscal year among programs and activities as follows:CommentsClose CommentsPermalink
(1) CLEAN WATER PROGRAMS- Of such amount, the Administrator shall make available--CommentsClose CommentsPermalink
(A) 48 percent for making capitalization grants under section 601 of the Federal Water Pollution Control Act (
(B) 1.5 percent for making grants under section 106 of such Act (
(C) 2.5 percent for making grants under section 319 of such Act (
(D) 0.5 percent for making grants under section 104(b)(8) of such Act (as added by section 202 of this Act; relating to technical assistance to rural and small municipalities and tribal governments).CommentsClose CommentsPermalink
(2) SAFE DRINKING WATER FUNDING- Of such amount, the Administrator shall make available--CommentsClose CommentsPermalink
(A) 35 percent for making capitalization grants under section 1452 of the Safe Drinking Water Act (
(B) 0.5 percent for providing technical assistance under section 1442(e) of the Safe Drinking Water Act (
(3) ADDITIONAL GRANT PROGRAMS- Of such total amount, the Administrator shall make available--CommentsClose CommentsPermalink
(A) 0.5 percent for making grants under section 402 (relating to treatment works and community systems security);CommentsClose CommentsPermalink
(B) 1 percent for making grants under section 403 (relating to climate change and adaptation grants);CommentsClose CommentsPermalink
(C) 0.05 percent for making grants under section 109 of the Federal Water Pollution Control Act (
(D) 0.05 percent for awarding scholarships under section 111 of the Federal Water Pollution Control Act (
(E) 0.1 percent for establishing training programs and making grants under section 1442(c) of the Safe Drinking Water Act (
(F) 5 percent for making grants under section 221 of the Federal Water Pollution Control Act (
(G) 5 percent for carrying out sections 406, 407, and 408 (relating to the national water infrastructure research, development, and demonstration program, regional water research centers, and a cost of service study); andCommentsClose CommentsPermalink
(H) 0.3 percent for making grants under section 410(a) (relating to drug take back grants).CommentsClose CommentsPermalink
(b) Treatment of Funds- The funds made available for a program or activity under this section, shall be in addition to any funds made available for the program or activity under any other provision of law.CommentsClose CommentsPermalink
TITLE II--STATE WATER POLLUTION CONTROL REVOLVING FUNDSCommentsClose CommentsPermalink
TITLE II--STATE WATER POLLUTION CONTROL REVOLVING FUNDSCommentsClose CommentsPermalink
SEC. 201. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (
SEC. 202. TECHNICAL ASSISTANCE.
Section 104(b) (
(1) by striking ‘and’ at the end of paragraph (6);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (7) and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(8) make grants to nonprofit organizations--CommentsClose CommentsPermalink
‘(A) to provide technical assistance to rural and small municipalities and tribal governments 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 described in section 603(c);CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 203. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (
SEC. 204. CAPITALIZATION GRANT AGREEMENTS.
(a) Specific Requirements- Section 602(b) (
(1) by striking ‘and’ at the end of paragraph (9);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (10) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(11) the State will require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using amounts from the fund will be awarded in the same way that a contract for architectural and engineering services is awarded under chapter 11 of title 40, United States Code, except that such an award shall not be construed as conferring a proprietary interest upon the United States;CommentsClose CommentsPermalink
‘(12) the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system;CommentsClose CommentsPermalink
‘(13) the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act; andCommentsClose CommentsPermalink
‘(14) the State will allocate funds for high priority projects in accordance with section 607.’.CommentsClose CommentsPermalink
(b) Advanced Decentralized Wastewater System Defined- Section 502 is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(25) ADVANCED DECENTRALIZED WASTEWATER SYSTEM- The term ‘advanced decentralized wastewater system’ means a system for treating domestic sewage that is located at or near a site at which the sewage is generated, provides more effective treatment than a conventional septic system, and includes a plan and funding mechanism for long-term maintenance.’.CommentsClose CommentsPermalink
SEC. 205. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Projects and Activities Eligible for Assistance- Section 603(c) (
‘(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--CommentsClose CommentsPermalink
‘(1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works to address the needs of existing communities;CommentsClose CommentsPermalink
‘(2) for implementation of measures to increase the security of publicly owned treatment works, including vulnerability assessment updates and safer alternatives for treatment chemicals;CommentsClose CommentsPermalink
‘(3) for implementation of a nonpoint management program established under section 319;CommentsClose CommentsPermalink
‘(4) for development and implementation of a conservation and management plan for an estuary under section 320;CommentsClose CommentsPermalink
‘(5) for implementation of measures to manage, reduce, treat, capture, or reuse municipal storm water, agricultural storm water, and return flows from irrigated agriculture;CommentsClose CommentsPermalink
‘(6) for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage;CommentsClose CommentsPermalink
‘(7) to any municipality or intermunicipal, interstate, or State agency for implementation of measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;CommentsClose CommentsPermalink
‘(8) for implementation of measures to integrate water resource management planning and implementation;CommentsClose CommentsPermalink
‘(9) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publically owned treatment works, including the implementation of energy efficient or renewable generation technologies;CommentsClose CommentsPermalink
‘(10) for projects to correct failing residential septic systems or cesspools; andCommentsClose CommentsPermalink
‘(11) for implementation of technologies, management programs, or other measures--CommentsClose CommentsPermalink
‘(A) to improve monitoring for and to alert the owner or operator of a publicly owned treatment works of the occurrence of a spill, overflow, or other discharge or release; andCommentsClose CommentsPermalink
‘(B) to provide for public notification of a spill, overflow, or other discharge or release of pollution into waters of the United States or from point sources into areas in which there is a potential risk of public exposure.’.CommentsClose CommentsPermalink
(b) Extended Repayment Period- Section 603(d)(1) (
(1) 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
(2) 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
(c) Fiscal Sustainability Plan- Section 603(d)(1) (
(1) by striking ‘and’ at the end of subparagraph (C);CommentsClose CommentsPermalink
(2) by inserting ‘and’ at the end of subparagraph (D); andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(E) for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of such assistance will develop and implement a fiscal sustainability plan that includes--CommentsClose CommentsPermalink
‘(i) an inventory of critical assets that are a part of that portion of the treatment works;CommentsClose CommentsPermalink
‘(ii) an evaluation of the condition and performance of inventoried assets or asset groupings;CommentsClose CommentsPermalink
‘(iii) a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities; andCommentsClose CommentsPermalink
‘(iv) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan;’.CommentsClose CommentsPermalink
(d) Expenses of Administering State Funds- Section 603(d)(7) (
(e) Additional Subsidization- Section 603 (
‘(i) Additional Subsidization-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans--CommentsClose CommentsPermalink
‘(A) to benefit a municipality that--CommentsClose CommentsPermalink
‘(i) meets the State’s affordability criteria established under paragraph (2); orCommentsClose CommentsPermalink
‘(ii) does not meet the State’s affordability criteria if the recipient--CommentsClose CommentsPermalink
‘(I) seeks additional subsidization to benefit individual ratepayers in the residential user rate class;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(B) to implement an innovative or alternative process, material, technique, or technology (including low-impact technologies, nonstructural protection of surface waters, a new or improved method of waste treatment, and nutrient pollutant trading) that may result in greater environmental benefits, or equivalent environmental benefits at reduced cost, when compared to a standard process, material, technique, or technology.CommentsClose CommentsPermalink
‘(2) AFFORDABILITY CRITERIA-CommentsClose CommentsPermalink
‘(A) ESTABLISHMENT- On or before September 30, 2010, 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 section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State.CommentsClose CommentsPermalink
‘(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), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph.CommentsClose CommentsPermalink
‘(3) PRIORITY- A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria.CommentsClose CommentsPermalink
‘(4) LIMITATION- The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants (less the amounts required to be allocated in accordance with section 607) received by the State under this title in fiscal years beginning after September 30, 2009.’.CommentsClose CommentsPermalink
(f) Prioritization- Section 603(g) (
‘(g) Priority System Requirement-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this subsection, the following definitions apply: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) 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
‘(B) 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
‘(C) provides for public notice and opportunity to comment on the establishment of the priority system and the summary under subparagraph (D); andCommentsClose 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 the extent the information is available.CommentsClose CommentsPermalink
‘(3) WEIGHT GIVEN TO APPLICATIONS- After determining project priorities under paragraph (2), a State shall give greater weight to an application for assistance if the application contains such information as the State determines to be necessary and includes--CommentsClose CommentsPermalink
‘(A) approaches other than a traditional wastewater approach that treat or minimize sewage or urban storm water discharges using--CommentsClose CommentsPermalink
‘(i) decentralized or distributed storm water 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
‘(B) a demonstration of consistency with State, regional, and municipal watershed plans, water conservation and efficiency plans, or integrated water resource management plans;CommentsClose CommentsPermalink
‘(C) a proposal by the applicant demonstrating flexibility through alternative means to carry out responsibilities under Federal regulations, which may include watershed permitting and other innovative management approaches, while achieving results that the Administrator determines are measurably superior when compared to regulatory standards; orCommentsClose CommentsPermalink
‘(D) a proposal by the applicant providing for the implementation of effective utility management principles, as identified in the 2007 Agreement between the Environmental Protection Agency and major water and wastewater associations.’.CommentsClose CommentsPermalink
SEC. 206. HIGH PRIORITY PROJECT GRANTS AND PRINCIPAL FORGIVENESS.
(a) In General- Title VI (
(1) by redesignating section 607 as section 608; andCommentsClose CommentsPermalink
(2) by inserting after section 606 the following:CommentsClose CommentsPermalink
‘SEC. 607. HIGH PRIORITY PROJECT GRANTS AND PRINCIPAL FORGIVENESS.
‘(a) In General- A State shall allocate for providing assistance for high priority projects in accordance with the requirements of this section--CommentsClose CommentsPermalink
‘(1) 50 percent of the total amount of capitalization grants received by the State in a fiscal year under section 601 that is attributable to funds appropriated out of the Water Protection and Reinvestment Trust Fund; andCommentsClose CommentsPermalink
‘(2) 50 percent of the State contributions made under section 602(b)(2) in connection with that total amount.CommentsClose CommentsPermalink
‘(b) Authority To Make Grants and Forgive Principal- Notwithstanding the requirements of section 603(d), assistance provided by a State for high priority projects under subsection (a) shall be in the form of a grant or a loan under which the State forgives repayment of 100 percent of the principal amount of the loan.CommentsClose CommentsPermalink
‘(c) Identification of High Priority Projects-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A State shall provide assistance under this section in a manner that is consistent with the priority lists established under sections 216 and 603.CommentsClose CommentsPermalink
‘(2) PRIORITY- In providing assistance under this section, a State shall give greater weight to projects that address the most serious water pollution problems and--CommentsClose CommentsPermalink
‘(A) benefit communities with the greatest need (determined on the basis of affordability criteria to be established by the State); orCommentsClose CommentsPermalink
‘(B) incorporate nonstructural or decentralized treatment practices.CommentsClose CommentsPermalink
‘(d) Matching Funds- The amount of a grant or loan for a project under this section shall be 50 percent of the project cost. The remaining project cost shall be provided by the State from sources other than capitalization grants under section 601.CommentsClose CommentsPermalink
‘(e) Applicability- Subsection (a) shall apply with respect to each fiscal year beginning after the date of enactment of this section.’.CommentsClose CommentsPermalink
(b) Eligibility of Indian Tribes- Section 518(e) (
33 U.S.C. 1377(e) ) is amended by striking ‘and 406’ and inserting ‘406, and 607’.CommentsClose CommentsPermalink
TITLE III--SAFE DRINKING WATER ACT FUNDINGCommentsClose CommentsPermalink
TITLE III--SAFE DRINKING WATER ACT FUNDINGCommentsClose CommentsPermalink
SEC. 301. USE OF STATE REVOLVING LOAN FUNDS.
Section 1452(a)(2) of the Safe Drinking Water Act (
(1) by redesignating the first through fifth sentences as subparagraphs (A) through (E), respectively, and by adjusting the margins of such subparagraphs so as to align with subparagraph (B) (as amended by paragraph (2) of this section); andCommentsClose CommentsPermalink
(2) by striking subparagraph (B), as so designated, and inserting the following:CommentsClose CommentsPermalink
‘(B) Financial assistance under this section may be used by a public water system only for expenditures (not including monitoring, operation, and maintenance expenditures) of a type or category which the Administrator has determined, through guidance, will facilitate compliance with national primary drinking water regulations applicable to the system under section 1412 or otherwise significantly further the health protection objectives of this title, including expenditures--CommentsClose CommentsPermalink
‘(i) for planning, design, and associated preconstruction activities;CommentsClose CommentsPermalink
‘(ii) to replace or rehabilitate aging treatment, storage (including reservoirs), or distribution facilities of public water systems;CommentsClose CommentsPermalink
‘(iii) for capital projects to upgrade or enhance the security of public water systems;CommentsClose CommentsPermalink
‘(iv) to consolidate management functions with other public water systems;CommentsClose CommentsPermalink
‘(v) to increase the energy efficiency or water efficiency (or both) of a public water system; orCommentsClose CommentsPermalink
‘(vi) for onsite projects to generate renewable energy for a public water system.’.CommentsClose CommentsPermalink
SEC. 302. PRIORITY SYSTEM REQUIREMENTS.
Section 1452(b)(3) of the Safe Drinking Water Act (
(1) in subparagraph (B), by striking ‘periodically’ and inserting ‘at least biennially’;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink
(3) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) INFRASTRUCTURE IMPROVEMENT- Notwithstanding subparagraph (A), an intended use plan shall provide, to the maximum extent practicable, that priority for the use of at least 1/3 of amounts made available from the Water Protection and Reinvestment Trust Fund established by section 9511 of the Internal Revenue Code of 1986 to the State loan fund of the State be given to projects to replace or rehabilitate aging treatment, storage (including reservoirs), or distribution facilities of public water systems that regularly serve more than 100,000 persons.’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(D) WEIGHT GIVEN TO APPLICATIONS- In determining project priorities, the State shall give greater weight to an application for assistance by a public water system if the application includes--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) in the case of a public water system that regularly serves fewer than 10,000 persons, a review of options for consolidating management functions of the system with management functions of other public water systems;CommentsClose CommentsPermalink
‘(v) reliance on methodologies or technologies that are environmentally sensitive, non-structural, or both environmentally sensitive and non-structural;CommentsClose CommentsPermalink
‘(vi) demonstration of consistency with State, regional, and municipal watershed plans;CommentsClose CommentsPermalink
‘(vii) a water conservation plan consistent with guidelines published for such plans by the Administrator pursuant to section 1455(a);CommentsClose CommentsPermalink
‘(viii) approaches to improve the sustainability of the system such as--CommentsClose CommentsPermalink
‘(I) water efficiency or conservation;CommentsClose CommentsPermalink
‘(II) use of reclaimed water; andCommentsClose CommentsPermalink
‘(III) actions to increase energy efficiency; andCommentsClose CommentsPermalink
‘(ix) such other information as the State determines necessary.’.CommentsClose CommentsPermalink
SEC. 303. AFFORDABILITY.
Section 1452(d)(3) of the Safe Drinking Water Act (
SEC. 304. NEEDS SURVEY.
Section 1452(h) of the Safe Drinking Water Act (
(1) by striking ‘The Administrator shall conduct’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall conduct’; andCommentsClose CommentsPermalink
(2) by adding at the end following:CommentsClose CommentsPermalink
‘(2) REPORT- Each report under paragraph (1) shall detail the capital improvement needs of eligible public water systems according to the population served by such water systems and shall include not fewer than 4 size categories of public water systems. One such size category shall consist of public water systems serving a population of not less than 100,000 and the other such size categories shall consist of public water systems serving populations of less than 100,000.’.CommentsClose CommentsPermalink
SEC. 305. NEGOTIATION OF CONTRACTS.
Section 1452 of the Safe Drinking Water Act (
‘(s) Negotiation of Contracts- A contract to be carried out using funds made directly 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
‘(1) a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; orCommentsClose CommentsPermalink
‘(2) an equivalent State qualifications-based requirement (as determined by the Governor of the State).’.CommentsClose CommentsPermalink
SEC. 306. DRINKING WATER TECHNICAL ASSISTANCE FOR COMMUNITIES.
Section 1442(e) of the Safe Drinking Water Act (
(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) by striking the term ‘subsection’ each place it appears and inserting ‘paragraph’;CommentsClose CommentsPermalink
(3) by striking the fifth sentence and all that follows and inserting the following:CommentsClose CommentsPermalink
‘In providing assistance under this paragraph, the Administrator shall give priority to small public water systems that have, either individually or collectively, the greatest need in the States, and to nonprofit organizations determined by the Administrator to be qualified and most effective at assisting such small public water systems.’; andCommentsClose CommentsPermalink
(4) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(2) 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) conducting other activities relating to the design and construction of household, shared, and small water well systems.CommentsClose CommentsPermalink
‘(C) PRIORITY- In providing grants under this paragraph, the Administrator shall give priority to nonprofit organization applicants that, as determined by the Administrator--CommentsClose CommentsPermalink
‘(i) are qualified;CommentsClose CommentsPermalink
‘(ii) will be the most effective at assisting those communities or individuals that have, either individually or collectively, the greatest need in the States; andCommentsClose CommentsPermalink
‘(iii) have demonstrated experience in providing similar technical assistance and in developing similar projects.CommentsClose CommentsPermalink
‘(3) FUNDING-CommentsClose CommentsPermalink
‘(A) 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
‘(B) INDIAN TRIBES- Of the total amount made available under this subsection for each fiscal year, 3 percent shall be used for technical assistance to public water systems owned or operated by Indian tribes.’.CommentsClose CommentsPermalink
TITLE IV--ADDITIONAL GRANT PROGRAMSCommentsClose CommentsPermalink
TITLE IV--ADDITIONAL GRANT PROGRAMSCommentsClose CommentsPermalink
SEC. 401. DEFINITIONS.
In this title, the following definitions apply: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) COMMUNITY WATER SYSTEM- The term ‘community water system’ has the meaning given that term in section 1401 of the Safe Drinking Water Act (
(4) PUBLIC WATER SYSTEM- The term ‘public water system’ has the meaning given that term in section 1401 of the Safe Drinking Water Act (
(5) TREATMENT WORKS- The term ‘treatment works’ has the meaning given that term in section 212 of the Federal Water Pollution Control Act (
(6) WATER PROTECTION AND REINVESTMENT TRUST FUND- The term ‘Water Protection and Reinvestment Trust Fund’ means the trust fund established by section 9511 of the Internal Revenue Code of 1986, as added by section 101(a) of this Act.CommentsClose CommentsPermalink
SEC. 402. TREATMENT WORKS AND COMMUNITY WATER SYSTEM SECURITY GRANTS.
(a) Grants for Security Enhancements- The Administrator may make a grant to any State, municipality, publicly owned treatment works, or community water system--CommentsClose CommentsPermalink
(1) for capital projects that increase the security of the community water system or publicly owned treatment works; andCommentsClose CommentsPermalink
(2) for the completion or update of a vulnerability assessment, emergency response plan, or site security plan required under section 1433 of the Safe Drinking Water Act (
(b) Federal Share- The Federal share of the costs for which a grant is made under this section shall be 65 percent.CommentsClose CommentsPermalink
(c) Funding- The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
SEC. 403. CLIMATE CHANGE MITIGATION AND ADAPTATION GRANTS.
(a) Grant Program- The Administrator shall carry out a competitive grant program to support efforts by publicly owned treatment works and community water systems to take actions to increase energy efficiency, reduce greenhouse gas emissions, and mitigate the impacts of climate change.CommentsClose CommentsPermalink
(b) Eligible Activities- In order to carry out the program under subsection (b), the Administrator shall award grants to publicly owned treatment works and community water systems for the following:CommentsClose CommentsPermalink
(1) Facility or process modifications that reduce the use of energy or water, or both.CommentsClose CommentsPermalink
(2) The installation of small renewable energy generators, including methane capture, wind turbines, and micro water turbines.CommentsClose CommentsPermalink
(3) Sustainable practices that minimize the adverse environmental impacts of climate change on water quality and quantity.CommentsClose CommentsPermalink
(4) Projects that increase the ability of publicly owned treatment works or community water systems to withstand the impacts of climate change.CommentsClose CommentsPermalink
(c) Federal Share- The Federal share of the costs for which a grant is made under this section shall be 65 percent.CommentsClose CommentsPermalink
(d) Maximum Grant Amount- The Administrator shall not make a grant under this section to a grantee that exceeds $2,000,000 per fiscal year.CommentsClose CommentsPermalink
(e) Funding- The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
SEC. 404. WORKFORCE DEVELOPMENT GRANTS.
(a) Training Grants and Contracts-CommentsClose CommentsPermalink
(1) FUNDING- The Administrator may make grants under section 109 of the Federal Water Pollution Control Act (
(2) AMENDMENTS- Section 109 of such Act (
(A) in the first sentence of subsection (a)--CommentsClose CommentsPermalink
(i) by striking ‘operation,’ and inserting ‘operation, construction,’;CommentsClose CommentsPermalink
(ii) by striking ‘and other facilities’ and inserting ‘other facilities (including stormwater treatment facilities)’; andCommentsClose CommentsPermalink
(iii) by inserting ‘, and nonstructural treatment options’ after ‘water quality control’;CommentsClose CommentsPermalink
(B) in subsection (b)(1) by striking ‘construction’ and inserting ‘construction, expansion, or modernization’; andCommentsClose CommentsPermalink
(C) in subsection (b) by striking paragraphs (3) and (4) and inserting the following:CommentsClose CommentsPermalink
‘(3) Facilities for which grants are awarded under this section before, on, or after the date of enactment of this section are eligible for additional funding for modernization and upgrades through grants under this section.’.CommentsClose CommentsPermalink
(b) Application for Training Grant or Contract; Allocation of Grants or Contracts- Section 110(2) of such Act (
(c) Award of Scholarships-CommentsClose CommentsPermalink
(1) FUNDING- The Administrator may award scholarships under section 111 of the Federal Water Pollution Control Act (
(2) AMENDMENTS- Section 111 of such Act (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘undergraduate’ and inserting ‘undergraduate and graduate’;CommentsClose CommentsPermalink
(ii) by striking ‘operation’ and inserting ‘construction, operation,’; andCommentsClose CommentsPermalink
(iii) by striking ‘but not to exceed four academic years’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘use of individuals’ and inserting ‘use by individuals’;CommentsClose CommentsPermalink
(ii) by striking ‘United States’ inserting ‘States’; andCommentsClose CommentsPermalink
(iii) by striking ‘secondary’ and inserting ‘secondary and post-secondary’; andCommentsClose CommentsPermalink
(C) in paragraph (3)(D) by striking ‘operation’ each place it appears and inserting ‘design, operation,’.CommentsClose CommentsPermalink
(d) Research, Technical Assistance, Information, Training of Personnel- The Administrator may establish training programs and make grants under section 1442(c) of the Safe Drinking Water Act (
SEC. 405. SEWER OVERFLOW CONTROL GRANTS.
(a) In General- The Administrator may make grants under section 221 of the Federal Water Pollution Control Act (
(b) Prioritization- Section 221(b) of the Federal Water Pollution Control Act (
(1) by striking ‘or’ at the end of paragraph (3);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (4) and inserting ‘; or’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) is applying for a grant for a project that involves the use of--CommentsClose CommentsPermalink
‘(A) nonstructural, low-impact development;CommentsClose CommentsPermalink
‘(B) water conservation, efficiency, or reuse; orCommentsClose CommentsPermalink
‘(C) other decentralized stormwater or wastewater approaches to minimize flows into sewer systems.’.CommentsClose CommentsPermalink
(c) Conforming Amendments- Section 221(a) of such Act (
(1) by striking ‘In any’ and all that follows through ‘(1) the’ and inserting ‘The’;CommentsClose CommentsPermalink
(2) by striking ‘overflows’ and all that follows through ‘(2) subject to’ and inserting ‘overflows. Subject to’; andCommentsClose CommentsPermalink
(3) by striking ‘paragraph (1)’ and inserting ‘the preceding sentence’.CommentsClose CommentsPermalink
SEC. 406. RESEARCH, DEVELOPMENT, AND TECHNOLOGY DEMONSTRATION PROGRAM.
(a) In General- Not later than one year after the date of enactment of this Act, the Administrator shall establish a national water infrastructure research, development, and demonstration program to develop, demonstrate, and transfer innovative or improved technologies and methods for the treatment, control, transport, and reuse of drinking water and wastewater. These technologies and methods may include--CommentsClose CommentsPermalink
(1) reducing energy consumption in water and wastewater infrastructure;CommentsClose CommentsPermalink
(2) recovering energy and nutrient resources from wastewater;CommentsClose CommentsPermalink
(3) reducing water consumption and returning water for ecosystem use;CommentsClose CommentsPermalink
(4) on-site technologies to generate renewable energy at a publicly owned treatment works, community water system, or other municipal water or wastewater facility;CommentsClose CommentsPermalink
(5) measures to control, manage, reduce, treat, infiltrate, or reuse municipal stormwater;CommentsClose CommentsPermalink
(6) decentralized or distributed stormwater and wastewater controls and treatment;CommentsClose CommentsPermalink
(7) low impact development technologies and non-structural approaches to treat drinking water, wastewater, and stormwater;CommentsClose CommentsPermalink
(8) reducing the costs of compliance with the Federal Water Pollution Control Act (
(9) improving control and treatment of stormwater and nonpoint sources of pollution;CommentsClose CommentsPermalink
(10) mitigating and adapting to climate change;CommentsClose CommentsPermalink
(11) dual systems that re-use stormwater and wastewater for non-potable water resource needs;CommentsClose CommentsPermalink
(12) development of a new generation of water monitoring reporting and notification techniques; andCommentsClose CommentsPermalink
(13) controlling, limiting, treating, or preventing pharmaceutical and personal care products from being in or entering waters of the United States.CommentsClose CommentsPermalink
(b) Consultation- In administering the program under this section, the Administrator shall annually hold a national meeting to bring together major stakeholders, including representatives from the following:CommentsClose CommentsPermalink
(1) The public.CommentsClose CommentsPermalink
(2) States, local governments, and organizations representing States or local governments.CommentsClose CommentsPermalink
(3) The National Science Foundation, the National Academy of Science, the National Academy of Engineering, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the Department of Agriculture, the United States Geological Survey, the White House Office of Science and Technology Policy, the Department of Energy, and the Council on Environmental Quality.CommentsClose CommentsPermalink
(4) Universities, colleges, and other institutions of higher education.CommentsClose CommentsPermalink
(5) Other public nonprofit entities with expertise in research and development of technologies for the treatment, control, transport, and re-use of drinking water, stormwater, and wastewater.CommentsClose CommentsPermalink
(c) Cooperative Agreements or Grants- In carrying out the program under this section, the Administrator may enter into cooperative agreements or make grants or, both, to develop improved technologies and methods under subsection (a) with or to nonprofit and governmental entities having demonstrated expertise in research and development of the treatment, control, transport, and re-use of drinking water, stormwater, and wastewater, including the following entities:CommentsClose CommentsPermalink
(1) The Water Environment Research Foundation.CommentsClose CommentsPermalink
(2) The Water Research Foundation.CommentsClose CommentsPermalink
(3) Public nonprofit entities, including those whose members or subscribers include drinking water, stormwater, and wastewater utilities and local governments.CommentsClose CommentsPermalink
(4) Universities, colleges, and other institutions of higher education.CommentsClose CommentsPermalink
(5) Local governments, including publicly owned treatment works and community water systems.CommentsClose CommentsPermalink
(6) The National Science Foundation.CommentsClose CommentsPermalink
(7) The National Institutes for Water Resources.CommentsClose CommentsPermalink
(d) Demonstration Projects- The Administrator is authorized to enter into cooperative agreements with entities described in subsection (c) and for-profit entities to demonstrate the viability and effectiveness of a new technology for the treatment, control, transport, and re-use of drinking water, stormwater, or wastewater.CommentsClose CommentsPermalink
(e) Selection- In entering into cooperative agreements and making grants under subsection (c), the Administrator shall give priority to cooperative agreements and grants that--CommentsClose CommentsPermalink
(1) create multiple environmental, social, and economic benefits for communities; andCommentsClose CommentsPermalink
(2) consider--CommentsClose CommentsPermalink
(A) a variety of water resource opportunities and needs;CommentsClose CommentsPermalink
(B) unique and diverse geology and geography;CommentsClose CommentsPermalink
(C) the ability to provide the greatest technological diversity using limited financial resources; andCommentsClose CommentsPermalink
(D) the commitment of each community or regional area to find and fund appropriate alternative technologies to resolve their water infrastructure needs.CommentsClose CommentsPermalink
(f) Federal Share- The Federal share of the costs for which a grant is made under this section shall be 65 percent; except that the Administrator may increase such Federal share based on the purpose for which the grant is made and the type of grant recipient.CommentsClose CommentsPermalink
(g) Funding- The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
(h) Report to Congress- The Administrator shall prepare and submit a biennial report to Congress on the results of technology research, development, and full-scale demonstrations performed under this section and recommendations for encouraging the use of such technologies by drinking water, stormwater, and wastewater utilities.CommentsClose CommentsPermalink
SEC. 407. REGIONAL WATER RESEARCH CENTERS.
(a) Regional Centers-CommentsClose CommentsPermalink
(1) GRANTS- The Administrator, in collaboration with the Director of the National Science Foundation, shall make grants to nonprofit institutions of higher learning to establish and operate one university water research center in each of such 21 hydro-regions as the Administrator, in consultation with the United States Geological Survey, may establish. The Administrator, in consultation with the United States Geological Survey, may adjust the boundaries of such regions to assure that none of the conterminous regions are either larger or smaller than another by more than two fold.CommentsClose CommentsPermalink
(2) DESIGNATION OF NATIONAL WATER RESEARCH CENTER- The Administrator, in collaboration with the Director, shall designate one of the 21 university water research centers as the ‘National Water Research Center’.CommentsClose CommentsPermalink
(3) MISSION-CommentsClose CommentsPermalink
(A) IN GENERAL- The mission of the centers shall be to conduct and coordinate strategic research, education, and outreach for sustainable management of water resources in every hydro-climatic region of the United States.CommentsClose CommentsPermalink
(B) NATIONAL WATER RESEARCH CENTER- In addition to its mission under subparagraph (A), the mission of the National Water Research Center shall be to gather, archive, and publish data from the regional centers and to integrate the regional findings into a national research strategy.CommentsClose CommentsPermalink
(4) DEFINITION- For purposes of this section, the term ‘nonprofit institution of higher learning’ includes a consortium of nonprofit institutions of higher learning.CommentsClose CommentsPermalink
(b) Selection of Grant Recipients-CommentsClose CommentsPermalink
(1) APPLICATIONS- In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Administrator an application that is in such form and contains such information as the Administrator may require.CommentsClose CommentsPermalink
(2) SELECTION CRITERIA- Except as otherwise provided by this section, the Administrator, in collaboration with the Director, shall select each recipient of a grant under this section through a competitive process on the basis of the following:CommentsClose CommentsPermalink
(A) The location of the center within the region to be served.CommentsClose CommentsPermalink
(B) The demonstrated research and extension resources available to the recipient to carry out the objectives of this section.CommentsClose CommentsPermalink
(C) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range water supply, water infrastructure, and water quality problems.CommentsClose CommentsPermalink
(D) The recipient’s establishment of a water program encompassing several areas of water research.CommentsClose CommentsPermalink
(E) The recipient’s demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing research in water and education programs through a statewide or region-wide continuing education program.CommentsClose CommentsPermalink
(F) The recipient’s demonstrated ability to disseminate results of water research and education programs through a statewide or region-wide continuing education program,CommentsClose CommentsPermalink
(G) The strategic plan the recipient proposes to implement in order to carry out the purposes for which the grant will be made.CommentsClose CommentsPermalink
(H) The recipient’s demonstration that it has a well-established, nationally recognized program in water research and education, as evidenced by--CommentsClose CommentsPermalink
(i) not less than 10 graduate degrees awarded in professional fields closely related to water each year for each of the 5 calendar years preceding the date of the submission of the application for the grant; andCommentsClose CommentsPermalink
(ii) not less than 10 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to water who, as a group, have published a total or at least 50 journal publications on water research during the preceding 5 calendar years.CommentsClose CommentsPermalink
(c) Objectives- Except for a grant for the establishment and operation of the National Water Research Center, a grant made under this section may only be used to establish and operate a university water research center in accordance with this section, including the conduct of the following activities and programs:CommentsClose CommentsPermalink
(1) RESEARCH- Basic and applied research, the products of which are judged by peers or other experts in the field of water to advanced the body of knowledge in water availability and use, water quality, water infrastructure sustainability, and water institutions.CommentsClose CommentsPermalink
(2) EDUCATION- An education program relating to water that includes multidisciplinary course work and participation in research.CommentsClose CommentsPermalink
(3) TECHNOLOGY TRANSFER- An ongoing program of technology transfer that makes water research results available to potential users, including policymakers, in a form that can be implemented, utilized, or otherwise applied.CommentsClose CommentsPermalink
(d) Continuing Grants-CommentsClose CommentsPermalink
(1) PERIOD OF GRANTS- After selecting a nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this section, the Administrator, in collaboration with the Director, shall make a grant to the selected grant recipient to establish and operate a regional university water center under this section in each of the first 5 fiscal years beginning after the date of the competition.CommentsClose CommentsPermalink
(2) GRANT AGREEMENT- In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Administrator to ensure that the recipient will maintain total expenditures from all other sources to establish and operate a university water research center (including the conduct of activities and programs the center is authorized to carry out under subsection (c) and subsections (a)(3)(B) and (f) in the case of the National Water Research Center) at least equal to the average level of such expenditures in its 2 fiscal years before the award of the grant under this section.CommentsClose CommentsPermalink
(3) COMPETITION DEADLINE- Not later than the last day of the one-year period following the date of enactment of this Act and March 31st of each 5th year thereafter, the Administrator, in collaboration with the Director, shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 21 regional university water centers referred to in subsection (a).CommentsClose CommentsPermalink
(4) AMOUNT OF GRANTS- The Administrator shall make a grant to a nonprofit institution of higher learning selected under this section to be a grant recipient for the establishment and operation of a regional university water center (including the conduct of activities and programs described in subsection (c)) of at least $2,000,000 for each fiscal year but no more than $4,000,000; except that a grant for establishment and operation of the National Water Research Center (including the conduct of the activities described in subsections (a)(3)(B), (c), and (f)) shall be at least $6,000,000 for each fiscal year but no more than $12,000,000.CommentsClose CommentsPermalink
(e) Federal Share- The Federal share of the costs of establishment and operation of a center under this section (including the conduct of the activities and programs the center is authorized to carry out under subsection (c) and subsections (a)(3)(B) and (f) in the case of the Nation Water Research Center) through a grant made under this section shall be 50 percent in the case of a regional university water center and 85 percent in the case of the National Water Research Center.CommentsClose CommentsPermalink
(f) Program Coordination-CommentsClose CommentsPermalink
(1) COORDINATION- The Administrator, working through the National Water Research Center, shall--CommentsClose CommentsPermalink
(A) support a network of university water centers to coordinate and facilitate information technology development and implementation across the centers;CommentsClose CommentsPermalink
(B) coordinate research, education, training, and technology transfer activities that grant recipients are authorized to carry out under this section;CommentsClose CommentsPermalink
(C) synthesize research conducted under this section;CommentsClose CommentsPermalink
(D) disseminate the results of the research; andCommentsClose CommentsPermalink
(E) establish and operate a clearinghouse to disseminate the results of the research.CommentsClose CommentsPermalink
(2) ANNUAL REVIEW AND EVALUATION- At least annually, the Administrator shall review and evaluate the activities and programs that grant recipients carry out through the use of grants made to such recipients under this section.CommentsClose CommentsPermalink
(3) FUNDING LIMITATION- The Administrator may not use more than one percent of the amounts made available to carry out this section for a fiscal year to carry out management and oversight of the centers established through grants made under this section.CommentsClose CommentsPermalink
(g) Funding- The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
(h) Limitation on Availability of Funds- Funds made available to carry out this section shall remain available for obligation by the Administrator for a period of 2 years after the last day of the fiscal year for which the funds are authorized.CommentsClose CommentsPermalink
SEC. 408. 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. In addition, the study shall be conducted for the purposes set forth in subsection (b).CommentsClose CommentsPermalink
(b) Required Elements-CommentsClose CommentsPermalink
(1) AFFORDABILITY- The purposes of the study shall be, at a minimum, to--CommentsClose CommentsPermalink
(A) determine whether the rates at public water systems and treatment works for communities included in the study are using a full-cost pricing model;CommentsClose CommentsPermalink
(B) identify, if a full-cost pricing model is not being used, 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- In addition, the purposes of the study shall be, at a minimum, to--CommentsClose CommentsPermalink
(A) survey a cross-section of States representing different sizes, demographics, and geographical regions;CommentsClose CommentsPermalink
(B) describe, for each State surveyed under subparagraph (A), the definition of ‘disadvantaged community’ used in the State in carrying out projects and activities under the Safe Drinking Water Act (
(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 the public water systems and treatment works for the study under subsection (a) from a cross-section of communities representing various populations, income levels, demographics, and geographical regions.CommentsClose CommentsPermalink
(d) Funding- The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
SEC. 409. DRUG TAKE-BACK GRANTS.
(a) Grant Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than one year after the date of enactment of this Act, the Administrator shall establish a competitive grant program to make grants to local and State organizations, tribes, nonprofit entities, and other government entities--CommentsClose CommentsPermalink
(A) to take back prescription and over-the-counter drugs from the public; andCommentsClose CommentsPermalink
(B) to dispose of the drugs in an environmentally sound manner.CommentsClose CommentsPermalink
(2) REQUIREMENTS- In order to be eligible to receive a grant under this subsection, each applicant for such a grant shall demonstrate to the satisfaction of the Administrator that, in undertaking the activities described in paragraph (1) under the grant, the applicant will--CommentsClose CommentsPermalink
(A) protect public safety by ensuring that the drugs will be properly disposed of;CommentsClose CommentsPermalink
(B) incorporate environmentally sound practices for disposing of controlled substances (by means other than disposal into a public or private wastewater treatment system or a municipal solid waste landfill);CommentsClose CommentsPermalink
(C) follow the existing requirements of the Controlled Substances Act (
(D) meet such additional requirements as the Administrator may establish.CommentsClose CommentsPermalink
(3) COLLECTION OF DIFFERENT TYPES OF DRUGS-CommentsClose CommentsPermalink
(A) IN GENERAL- A take-back program does not need to collect and dispose of both prescription and over-the-counter drugs to be eligible for grant funding under this subsection.CommentsClose CommentsPermalink
(B) PREFERENCE- Notwithstanding subparagraph (A), the Administrator, in awarding grants under this subsection, may give preference to applicants proposing to collect and dispose of both prescription and over-the-counter drugs.CommentsClose CommentsPermalink
(4) NO FUNDING RESTRICTION- Entities receiving funds under this subsection may continue to receive funding from other public and private sources.CommentsClose CommentsPermalink
(5) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) The term ‘drug’--CommentsClose CommentsPermalink
(i) has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (
(ii) includes a biological product, as defined in section 351 of the Public Health Service Act (
(B) The term ‘over-the-counter’, with respect to a drug, means not subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (
(C) The term ‘prescription’, with respect to a drug, means subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (
(6) FUNDING- The Administrator shall carry out this subsection using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.CommentsClose CommentsPermalink
(b) Labeling of Drugs and Biological Products-CommentsClose CommentsPermalink
(1) PROHIBITION ON LABELING RECOMMENDATIONS TO DISPOSE OF DRUGS AND BIOLOGICAL PRODUCTS BY FLUSHING- Section 505 of the Federal Food, Drug, and Cosmetic Act (
‘(w) No Labeling Recommendations To Dispose by Flushing- In approving an application for a drug under this section, the Secretary of Health and Human Services shall ensure that the labeling for such drug does not include any recommendation or direction to dispose of the drug by means of a public or private wastewater treatment system, such as by flushing down the toilet.’.CommentsClose CommentsPermalink
(2) BIOLOGICAL PRODUCTS- Section 351 of the Public Health Service Act (
‘(k) No Labeling Recommendations To Dispose by Flushing- In licensing any biological product under this section, the Secretary shall ensure that the labeling for such product does not include any recommendation or direction to dispose of the product by means of a public or private wastewater treatment system, such as by flushing down the toilet.’CommentsClose CommentsPermalink
(3) DRUGS AND BIOLOGICAL PRODUCTS ALREADY MARKETED-CommentsClose CommentsPermalink
(A) LABELING REVISION- With respect to drugs and biological products that are legally marketed under the Federal Food, Drug, and Cosmetic Act (
(i) shall conduct a review of the labeling of such drugs and biological products; andCommentsClose CommentsPermalink
(ii) for any such labeling that includes a recommendation or direction to dispose of the drug or biological product by means of a public or private wastewater treatment system, such as by flushing down the toilet, shall order the labeling to be revised to exclude such recommendation or direction.CommentsClose CommentsPermalink
(B) PENALTY- Any drug or biological product whose labeling is in violation of an order issued under subparagraph (A)(ii) is deemed to be misbranded under section 502 of the Federal Food, Drug, and Cosmetic Act (
(C) EFFECTIVE DATE- An order issued under subparagraph (A)(ii) shall take effect not later than one year after the date of enactment of this Act.CommentsClose CommentsPermalink
(D) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(i) BIOLOGICAL PRODUCT- The term ‘biological product’ has the meaning given to such term in section 351 of the Public Health Service Act (
(ii) DRUG AND LABELING- The terms ‘drug’ and ‘labeling’ have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (
SEC. 410. 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 (
(B) the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (
(2) consider the needs of treatment works and public water systems in carrying out such Acts and this Act;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 described in paragraph (1).CommentsClose CommentsPermalink
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