[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3046 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 3046
To amend the Energy Policy Act of 2005 to establish a program to
provide grants and loan guarantees to improve the energy efficiency of
publicly owned wastewater treatment facilities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2019
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to establish a program to
provide grants and loan guarantees to improve the energy efficiency of
publicly owned wastewater treatment facilities, 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 ``Wastewater Efficiency and Treatment
Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) municipalities face high energy costs to operate and
maintain the wastewater treatment facilities of the
municipalities;
(2) energy intensive operations at wastewater treatment
facilities can include aeration, influent pumping, aerobic
digestion, anaerobic digestion, building operations, and other
critical components of the waste treatment process;
(3) the utility energy costs of a municipality can exceed
30 percent of total energy costs of the municipality;
(4) energy costs are part of the calculus in determining
ratepayer rates;
(5) wastewater treatment facilities that use anaerobic
digestion can capture methane for conversion into energy for
onsite power production, heating, transportation fuel, export
of renewable natural gas or electricity, and other uses;
(6) the process described in paragraph (5) may be enhanced
through innovative technologies, such as codigestion of fats,
oils and grease, food waste, and other organic waste;
(7) all wastewater treatment facilities, regardless of type
of treatment or size, can benefit from energy audits and
installation of energy efficient components;
(8) investment in recovery technologies for use by
wastewater treatment facilities may result in--
(A) reduced energy costs for the wastewater
treatment facility;
(B) improved energy resiliency of the wastewater
treatment facility; and
(C) potential revenue generating streams for the
municipality that owns the wastewater treatment
facility;
(9) many existing Federal programs relating to water
infrastructure remain inaccessible because municipality
officials and utility managers may not have resources--
(A) to upgrade the infrastructure of the wastewater
treatment facilities of the municipality for energy
efficiency; or
(B) to transition wastewater treatment facilities
of the municipality towards energy resiliency; and
(10) this Act will substantially benefit wastewater
treatment facilities in the United States by addressing the gap
in funding for wastewater treatment facility projects for large
and small municipalities by making loan guarantees and grants
available to municipalities to reduce borrowing costs and
accelerate water infrastructure investment.
SEC. 3. WATER AND ENERGY EFFICIENCY PROGRAM.
(a) Water and Energy Efficiency Program.--The Energy Policy Act of
2005 is amended by inserting after section 1705 (42 U.S.C. 16516) the
following:
``SEC. 1706. WATER AND ENERGY EFFICIENCY PROGRAM.
``(a) Purpose.--The purpose of this section is to provide grants
and guarantees--
``(1) to improve energy efficiency, energy production, and
nutrient recovery at wastewater treatment facilities;
``(2) to generate energy from waste in the treatment
process of wastewater treatment facilities; and
``(3) to reduce the energy consumption of eligible
municipalities and Tribes in which wastewater treatment
facilities are located.
``(b) Definitions.--In this section:
``(1) Eligible municipality or tribe.--The term `eligible
municipality or Tribe' means a municipality or Indian Tribe
determined to be eligible under the criteria developed under
subsection (c)(2).
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(3) Program.--The term `Program' means the Water and
Energy Efficiency Program established under subsection (c)(1).
``(4) Wastewater treatment facility.--The term `wastewater
treatment facility' has the meaning given the term `treatment
works' in section 212 of the Federal Water Pollution Control
Act (33 U.S.C. 1292).
``(c) Establishment.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, notwithstanding section 1703, the
Secretary shall establish a program, to be known as the `Water
and Energy Efficiency Program', to provide--
``(A) grants under subsection (d); and
``(B) guarantees under subsection (e).
``(2) Criteria.--The Secretary shall develop application
criteria for providing grants and guarantees under the Program,
including criteria to determine whether a municipality or
Indian Tribe is eligible for a grant or guarantee under the
Program.
``(d) Water Efficiency Grants.--
``(1) In general.--Under the Program, the Secretary, acting
through the Assistant Secretary for Energy Efficiency and
Renewable Energy, shall award grants to eligible entities
described in paragraph (2) to carry out one or more eligible
projects described in paragraph (3).
``(2) Eligible entities.--An entity eligible to receive a
grant under this subsection is a small publicly wastewater
treatment facility that serves--
``(A) a population of not more than 10,000; or
``(B) a disadvantaged community, as determined by
the Secretary.
``(3) Eligible projects.--An eligible project referred to
in paragraph (1) is--
``(A) a project to carry out an energy efficiency
audit of a wastewater treatment facility to identify
opportunities in the operations of the wastewater
treatment facility--
``(i) to reduce electrical demand; or
``(ii) to reduce losses in the wastewater
treatment facility system; and
``(B) a project to replace equipment or to carry
out other small capital projects to update components
of a wastewater treatment facility based on the results
of an energy efficiency audit of the wastewater
treatment facility.
``(4) Amount of grant.--The amount of a grant made under
this subsection shall not exceed $25,000.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000 for fiscal year 2020 and each fiscal year
thereafter, of which not more than 4 percent each fiscal year
shall be used for administrative costs.
``(e) Water and Energy Efficiency Guarantees.--
``(1) In general.--Under the Program, the Secretary shall
provide guarantees to eligible municipalities and Tribes to
carry out one or more eligible projects described in paragraph
(2).
``(2) Eligible projects.--An eligible project referred to
in paragraph (1) is--
``(A) a project to convert waste in the treatment
process of the wastewater treatment facility into
renewable fuels, biosolids, or other byproducts,
including--
``(i) predigestion solids treatment;
``(ii) installation of anaerobic digesters;
``(iii) biogas capture;
``(iv) energy transfer;
``(v) enhanced nutrient recovery;
``(vi) material feedstocks;
``(vii) facility upgrades and retrofits
necessary to create or improve waste-to-energy
systems; and
``(viii) other emerging technologies that
transform waste to energy; and
``(B) a project that is being carried out pursuant
to an existing plan that, as determined by the
Secretary, will assist in transitioning a wastewater
treatment facility towards the use of energy-efficient
technologies.
``(3) Covered costs.--A guarantee provided under this
subsection may be used for--
``(A) predevelopment costs associated with the
eligible project or existing water and wastewater
systems that are part of the eligible project,
including energy assessments; and
``(B) construction and equipment costs incurred in
carrying out an eligible project under this subsection.
``(4) Additional activity.--In providing guarantees under
this subsection, the Secretary shall promote technologies to
reduce pollution in wastewater, including enhanced nutrient
recovery and other innovative technologies.
``(f) Small-Scale Extension Services Program.--In carrying out the
Program, the Secretary shall establish a small-scale extension services
program to provide assistance to rural communities through grants,
outreach, training, and technical assistance regarding energy-efficient
technologies at wastewater treatment facilities in eligible
municipalities and Tribes.
``(g) Administration.--
``(1) Effect on state, tribal, and local permits.--The
provision of a grant or guarantee for an eligible project under
the Program shall not--
``(A) relieve any recipient of the grant or
guarantee of any obligation to obtain any required
State, local, or Tribal permit or approval with respect
to the project;
``(B) limit the right of any unit of State, local,
or Tribal government to approve or regulate any rate of
return on private equity invested in the project; or
``(C) otherwise supersede any State, local, or
Tribal law (including any regulations) applicable to
the construction or operation of the project.
``(2) Clean water act.--Nothing in this section precludes,
preempts, or supersedes any requirement under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly
referred to as the ``Clean Water Act'').
``(h) Reports.--As soon as practicable after the end of each fiscal
year for which amounts are made available to carry out this section,
the Secretary shall publish on a dedicated, publicly accessible
internet website information describing--
``(1) with respect to that fiscal year--
``(A) each application received for assistance
under the Program;
``(B) a list of the projects selected for
assistance under the Program, including--
``(i) a description of each project;
``(ii) the amount of financial assistance
provided for each project; and
``(iii) the basis for the selection of each
project with respect to the requirements of
this section; and
``(C) an overview of technical assistance and
outreach activities provided during that fiscal year
to--
``(i) each eligible municipality and Tribe;
and
``(ii) wastewater treatment facilities
serving populations of not more than 10,000;
and
``(2) the technical assistance and outreach activities
proposed to be provided over the next 2 fiscal years to the
entities described in clauses (i) through (iii) of paragraph
(1)(C).''.
(b) Clerical Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 604; 123 Stat. 145) is
amended by inserting after the item relating to section 1705 the
following:
``Sec. 1706. Water and Energy Efficiency Program.''.
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