[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4039 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 4039
To require the Administrator of the Environmental Protection Agency to
carry out a program to fund water infrastructure projects near the
United States-Mexico border, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2019
Mr. Levin of California (for himself, Mr. Vargas, Mrs. Davis of
California, and Mr. Peters) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committees on Energy and Commerce, and Foreign Affairs,
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 concerned
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out a program to fund water infrastructure projects near the
United States-Mexico border, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Water Infrastructure
Improvement Act''.
SEC. 2. U.S.-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means a
State, local government, Indian Tribe, or water or wastewater
district, with jurisdiction over any area in the United States
or Mexico that is located within 100 kilometers of the United
States-Mexico border.
(3) Eligible project.--
(A) In general.--The term ``eligible project''
means a project for the construction of a drinking
water treatment or distribution facility, or a
wastewater management facility, that--
(i) addresses an existing human health or
ecological issue;
(ii) has an effect in the United States;
(iii) with respect to a wastewater
management facility the water discharged from
which will flow, directly or indirectly, into
the United States, is designed to meet relevant
water quality standards in the United States,
including any such standards established under
the Federal Water Pollution Control Act;
(iv) is proposed by an eligible entity with
legal authority to develop the project, provide
the proposed drinking water or wastewater
services, and obtain necessary financing;
(v) will comply with relevant State and
local environmental and other laws and
regulations, including with respect to
obtaining any necessary operating permits and
licenses and complying with any other
regulatory requirements related to land
acquisition and rights-of-way; and
(vi) has the support of appropriate Federal
and State agencies, including the Comision
Nacional de Agua (also known as CONAGUA or the
Mexican National Water Commission) and any
appropriate State water utility, if located in
Mexico.
(B) Exclusions.--The term ``eligible project'' does
not include a project--
(i) for water supply;
(ii) that threatens ecosystems located in
the United States, or that are located in both
the United States and Mexico, if the project
causes reductions in the flow of water; or
(iii) to provide drinking water or
wastewater services to new development.
(b) In General.--The Administrator shall carry out a program to
provide assistance to eligible entities for activities related to
eligible projects, including feasibility studies, planning studies,
environmental assessments, financial analyses, community participation
efforts, and architectural, engineering, planning, design, and
construction activities.
(c) Consultation.--In carrying out subsection (b), the
Administrator shall consult with the North American Development Bank.
(d) Project Selection.--
(1) In general.--In carrying out subsection (b), the
Administrator shall select projects to receive assistance under
the program in accordance with paragraph (2) and any other
criteria determined appropriate by the Administrator.
(2) Prioritization.--In carrying out subsection (b), the
Administrator shall prioritize projects that--
(A) are likely to have the greatest positive
effects relating to the environment, public health, or
responding to unmet water supply needs;
(B) will result in benefits on both sides of the
United States-Mexico border; and
(C) address the most urgent public health and
environmental needs, as determined by the heads of the
Regional offices for Regions 6 and 9 of the
Environmental Protection Agency.
(e) Terms and Conditions.--The Administrator may set such terms and
conditions on assistance provided under this section as the
Administrator determines appropriate.
(f) Cost Share.--
(1) Requirement for certain projects.--The Federal share of
the cost of an eligible project located in Mexico shall be 50
percent.
(2) Exemption.--During the 5-year period beginning on the
date of enactment of this section, the Administrator may waive
the requirement of paragraph (1) if the Administrator, in
consultation with the Secretary of Defense and the Secretary of
Homeland Security, finds that the project will reduce negative
health effects on Federal law enforcement or Department of
Defense personnel.
(g) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section $150,000,000 for each of fiscal years 2020 through
2024.
(2) Regional allocations.--The amounts made available to
carry out this section shall be made available in equal amounts
for use by the Regional offices for Regions 6 and 9 of the
Environmental Protection Agency.
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