[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1915 Reported in House (RH)]
<DOC>
Union Calendar No. 48
117th CONGRESS
1st Session
H. R. 1915
[Report No. 117-69]
To amend the Federal Water Pollution Control Act to reauthorize certain
water pollution control programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2021
Mr. DeFazio (for himself, Mrs. Napolitano, and Mr. Fitzpatrick)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
June 22, 2021
Additional sponsors: Mr. Pappas, Mr. Huffman, Ms. Brownley, Mr. Lynch,
Ms. Johnson of Texas, Ms. Norton, Ms. Strickland, Mr. Carson, Ms.
Titus, Ms. Wilson of Florida, Mr. Cohen, Mr. Johnson of Georgia, Mr.
Sean Patrick Maloney of New York, Ms. Newman, Mr. Brown, Mr. Lowenthal,
Mr. Carbajal, Ms. Moore of Wisconsin, Mr. Van Drew, Ms. Lee of
California, Mr. Payne, Mr. Garcia of Illinois, Mr. Malinowski, Mr.
Harder of California, Ms. DelBene, Mr. Sires, Mr. Thompson of
California, Ms. Roybal-Allard, Ms. Eshoo, Ms. Bonamici, Ms. Lofgren,
Ms. Bourdeaux, Mr. Tonko, Ms. Chu, Mr. Swalwell, Mr. Costa, Mr. Larsen
of Washington, Mr. DeSaulnier, Ms. Williams of Georgia, Mr. Stanton,
Mr. Auchincloss, Mr. Cooper, Mr. Lamb, Mrs. Trahan, Mr. Nadler, Ms.
Velazquez, Ms. Matsui, Mr. Beyer, Mr. Cardenas, Mr. Takano, Ms.
Barragan, Mr. Moulton, Mr. Blumenauer, Ms. Blunt Rochester, Mr.
Norcross, Ms. Davids of Kansas, Mr. Raskin, Ms. Slotkin, Mr. Allred,
Mr. Garamendi, Ms. Kaptur, Mr. Kilmer, Mr. Suozzi, Mr. Carter of
Louisiana, and Ms. Scanlon
June 22, 2021
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
16, 2021]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to reauthorize certain
water pollution control programs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Quality
Protection and Job Creation Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Wastewater infrastructure workforce investment.
Sec. 3. Technical assistance to rural, small, and Tribal
municipalities.
Sec. 4. State management assistance.
Sec. 5. Watershed, wet weather, and resiliency projects.
Sec. 6. Waiver of matching requirement for grants to District of
Columbia.
Sec. 7. Pilot program for alternative water source projects.
Sec. 8. Sewer overflow and stormwater reuse municipal grants.
Sec. 9. Grants for the treatment of emerging contaminants.
Sec. 10. Household wastewater grant program.
Sec. 11. Smart wastewater infrastructure technology grant program.
Sec. 12. Reports to Congress.
Sec. 13. Indian Tribes.
Sec. 14. Capitalization grants.
Sec. 15. Water pollution control revolving loan funds.
Sec. 16. Allotment of funds.
Sec. 17. Reservation of funds for territories of the United States.
Sec. 18. Authorization of appropriations.
Sec. 19. Technical assistance by Municipal Ombudsman.
Sec. 20. Report on wastewater infrastructure funding for rural,
economically disadvantaged, and Tribal
communities.
Sec. 21. Water Reuse Interagency Working Group.
SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.
Section 104(g) of the Federal Water Pollution Control Act (33
U.S.C. 1254(g)) is amended--
(1) in paragraph (1), by striking ``manpower'' each place
it appears and inserting ``workforce''; and
(2) by amending paragraph (4) to read as follows:
``(4) Report to congress on publicly owned treatment works
workforce development.--Not later than 2 years after the date
of enactment of the Water Quality Protection and Job Creation
Act of 2021, the Administrator, in consultation with the
Secretary of Labor, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing--
``(A) an assessment of the current and future
workforce needs for publicly owned treatment works,
including an estimate of the number of future positions
needed for such treatment works and the technical
skills and education needed for such positions;
``(B) a summary of actions taken by the
Administrator, including Federal investments under this
chapter, that promote workforce development to address
such needs; and
``(C) any recommendations of the Administrator to
address such needs.''.
SEC. 3. TECHNICAL ASSISTANCE TO RURAL, SMALL, AND TRIBAL
MUNICIPALITIES.
(a) Reauthorization.--Section 104(u) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)'';
(2) by striking ``2023'' and inserting ``2021''; and
(3) by inserting ``; and (8) not to exceed $100,000,000 for
each of fiscal years 2022 through 2026 for carrying out
subsections (b)(3), (b)(8), and (g), except that not less than
half of the amounts so appropriated to carry out such
subsections in each such fiscal year shall be used for carrying
out subsection (b)(8)'' before the period at the end.
(b) Communication.--A nonprofit organization receiving a grant
under section 104(b)(8) of the Federal Water Pollution Control Act (33
U.S.C. 1254(b)(8)) shall, prior to carrying out an activity using such
grant funds, consult with the State in which such activity is to be
carried out.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall submit to Congress a report that describes the implementation of
the grants made under subsections (b)(3), (b)(8), and (g) of section
104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) during
the 2 fiscal years preceding the date of the report, including a
description of the recipients and amounts of such grants.
SEC. 4. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2021; and
``(4) $500,000,000 for each of fiscal years 2022 through
2026;''.
(b) Technical Amendment.--Section 106(e) of the Federal Water
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking
``Beginning in fiscal year 1974 the'' and inserting ``The''.
SEC. 5. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.
(a) Increased Resilience of Treatment Works.--Section 122(a)(6) of
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is
amended to read as follows:
``(6) Increased resilience of treatment works.--Efforts--
``(A) to assess future risks and vulnerabilities of
publicly owned treatment works to manmade or natural
disasters, including extreme weather events, drought,
and sea level rise; and
``(B) to carry out the planning, design, or
construction of projects, on a systemwide or areawide
basis, to increase the resilience of publicly owned
treatment works through--
``(i) the conservation of water or the
enhancement of water use efficiency;
``(ii) the enhancement of wastewater
(including stormwater) management by increasing
watershed preservation and protection,
including through--
``(I) the use of green
infrastructure; or
``(II) the reclamation and reuse of
wastewater (including stormwater), such
as through aquifer recharge zones;
``(iii) the modification or relocation of
an existing publicly owned treatment works at
risk of being significantly impaired or damaged
by a manmade or natural disaster;
``(iv) the enhancement of energy
efficiency, or the use or generation of
recovered or renewable energy, in the
management, treatment, or conveyance of
wastewater (including stormwater); or
``(v) other activities that the
Administrator determines will address
identified vulnerabilities to manmade or
natural disasters, including activities to
address cybersecurity vulnerabilities of
publicly owned treatment works.''.
(b) Requirements; Authorization of Appropriations.--Section 122 of
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by
striking subsection (c) and inserting the following:
``(c) Requirements.--The requirements of section 608 shall apply to
any construction, alteration, maintenance, or repair of treatment works
carried out using a grant under this section.
``(d) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, or for economically disadvantaged communities (as
defined in section 20 of the Water Quality Protection and Job Creation
Act of 2021), to the extent there are sufficient eligible applications.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
(c) Technical and Conforming Amendments.--
(1) Watershed pilot projects.--Section 122 of the Federal
Water Pollution Control Act (33 U.S.C. 1274) is amended--
(A) in the section heading, by striking ``watershed
pilot projects'' and inserting ``watershed, wet
weather, and resiliency projects''; and
(B) by striking ``pilot'' each place it appears.
(2) Water pollution control revolving loan funds.--Section
603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1383(c)(7)) is amended by striking ``watershed''.
SEC. 6. WAIVER OF MATCHING REQUIREMENT FOR GRANTS TO DISTRICT OF
COLUMBIA.
Section 202(a) of the Federal Water Pollution Control Act (33
U.S.C. 1282(a)) is amended by adding at the end the following:
``(5) Notwithstanding any other provision of this subsection, in
the case of a project for a treatment works in the District of
Columbia, such a project shall be eligible for grants at 100 percent of
the cost of construction thereof.''.
SEC. 7. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Selection of Projects.--Section 220(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Limitation on eligibility.--A project that has
received construction funds under the Reclamation Projects
Authorization and Adjustment Act of 1992 shall not be eligible
for grant assistance under this section.''; and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(b) Committee Resolution Procedure; Assistance.--Section 220 of the
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by
striking subsection (e) and inserting the following:
``(e) Assistance.--The Administrator shall use not less than 15
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to eligible entities for projects
designed to serve fewer than 10,000 individuals, to the extent there
are sufficient eligible applications.''.
(c) Requirements.--Section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300) is amended by redesignating subsections
(i) and (j) as subsections (j) and (k), respectively, and inserting
after subsection (h) the following:
``(i) Requirements.--The requirements of section 608 shall apply to
any construction of an alternative water source project carried out
using assistance made available under this section.''.
(d) Definitions.--Section 220(j)(1) of the Federal Water Pollution
Control Act (as redesignated by subsection (c) of this section) is
amended by striking ``or by treating wastewater'' and inserting
``(including stormwater), or by treating wastewater (including
stormwater) for groundwater recharge, potable reuse, or other
purposes''.
(e) Authorization of Appropriations.--Section 220(k) of the Federal
Water Pollution Control Act (as redesignated by subsection (c) of this
section) is amended by striking ``a total of $75,000,000 for fiscal
years 2002 through 2004'' and inserting ``$200,000,000 for each of
fiscal years 2022 through 2026''.
SEC. 8. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (c), by striking ``subsection (b),'' each
place it appears and inserting ``this section,'';
(2) in subsection (d)--
(A) by striking ``The Federal share'' and inserting
the following:
``(1) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share''; and
(B) by striking ``The non-Federal share'' and
inserting the following:
``(B) Financially distressed communities.--The
Federal share of the cost of activities carried out
using amounts from a grant made to a financially
distressed community under subsection (a) shall be not
less than 75 percent of the cost.
``(2) Non-federal share.--The non-Federal share'';
(3) in subsection (e), by striking ``section 513'' and
inserting ``section 513, or the requirements of section 608,'';
and
(4) in subsection (f)--
(A) in paragraph (1), by inserting ``, and
$400,000,000 for each of fiscal years 2022 through
2026'' before the period at the end; and
(B) by adding at the end the following:
``(3) Assistance.--In carrying out subsection (a), the
Administrator shall ensure that, of the amounts granted to
municipalities in a State, not less than 20 percent is granted
to municipalities with a population of less than 20,000, to the
extent there are sufficient eligible applications.''.
SEC. 9. GRANTS FOR THE TREATMENT OF EMERGING CONTAMINANTS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. EMERGING CONTAMINANTS.
``(a) In General.--The Administrator shall award grants to owners
of publicly owned treatment works to be used for the implementation of
a pretreatment standard or effluent limitation developed pursuant to
this Act for the introduction into a treatment works, or the discharge
of, any pollutant that is a perfluoroalkyl or polyfluoroalkyl substance
or any pollutant identified by the Administrator as a contaminant of
emerging concern.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 10. HOUSEHOLD WASTEWATER GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.
``(a) Establishment.--The Administrator shall establish a program
to provide grants to municipalities or qualified nonprofit entities to
provide assistance to eligible individuals--
``(1) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment system;
``(2) for the construction of a decentralized wastewater
treatment system designed to provide wastewater treatment for 2
or more households in which eligible individuals reside, if--
``(A) such a decentralized wastewater treatment
system could be cost-effectively constructed; and
``(B) site conditions at such households are
unsuitable for the construction of an individual
household decentralized wastewater treatment system; or
``(3) in a case in which an eligible individual resides in
a household that could be cost-effectively connected to an
available publicly owned treatment works, for the connection of
the applicable household to such treatment works.
``(b) Application.--To be eligible to receive a grant under this
subsection, a municipality or qualified nonprofit entity shall submit
to the Administrator an application at such time, in such manner, and
containing such information as the Administrator determines to be
appropriate.
``(c) Priority.--In providing grants under this section, the
Administrator shall, to the maximum extent practicable, prioritize
applications for activities that will assist eligible individuals
residing in households that are not connected to a system or technology
designed to treat domestic sewage, including eligible individuals using
household cesspools.
``(d) Administrative Expenses.--
``(1) In general.--Of the amounts made available under
subsection (h), the Administrator may use not more than 2
percent for administrative costs.
``(2) Individual grants.--A municipality or qualified
nonprofit entity may use grant funds provided under this
section to pay the administrative expenses associated with the
provision of the assistance to eligible individuals under this
section, as the Administrator determines to be appropriate.
``(e) Report.--Not later than 2 years after the date of enactment
of this section, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report describing the recipients of grants and assistance under this
section and the results of the program established under this section.
``(f) Application of Other Requirements.--The requirements of
sections 513 and 608 shall apply to any project for the construction,
repair, or replacement of a decentralized wastewater treatment system,
or for the connection of a household to a treatment works, for which
assistance is received under this section.
``(g) Definitions.--In this section:
``(1) Eligible individual.--The term `eligible individual'
has the meaning given that term in section 603(j).
``(2) Qualified nonprofit entity.--The term `qualified
nonprofit entity' means an entity determined by the
Administrator to be a qualified nonprofit entity for purposes
of section 603(c)(12).
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for each of fiscal years 2022 through 2026.''.
SEC. 11. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is further amended by adding at the end the following:
``SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.
``(a) Grants.--The Administrator shall establish a program to
provide grants to municipalities for projects for the planning, design,
and construction, at publicly owned treatment works, of--
``(1) intelligent sewage or stormwater collection systems,
including such collection systems that incorporate technologies
that rely on--
``(A) real-time monitoring (including through
sensors), embedded intelligence, and predictive
maintenance capabilities that improve the energy
efficiency, reliability, and resiliency of treatment
works; and
``(B) the use of artificial intelligence and other
intelligent optimization tools that reduce operational
costs, including operational costs relating to energy
consumption and chemical treatment; or
``(2) innovative and alternative combined storm and
sanitary sewer projects, including groundwater recharge, that
rely on real-time data acquisition to support predictive
aquifer recharge through water reuse and stormwater management
capabilities.
``(b) Assistance.--The Administrator shall use not less than 20
percent of the amounts appropriated pursuant to this section in a
fiscal year to provide assistance to municipalities with a population
of less than 10,000, to the extent there are sufficient eligible
applications.
``(c) Cost Share.--
``(1) In general.--The non-Federal share of the costs of an
activity carried out using a grant under this section shall be
25 percent.
``(2) Exception.--The Administrator may waive the cost-
sharing requirement of paragraph (1) if the Administrator
determines that the municipality meets the affordability
criteria established under section 603(i)(2) by the State in
which the municipality is located.
``(d) Program Implementation.--
``(1) Guidance.--Not later than 30 days after the date of
enactment of this section, the Administrator shall issue
guidance to municipalities on how to apply for a grant under
this section.
``(2) Decision on applications.--Not later than 30 days
after the date on which the Administrator receives an
application for a grant under this section, the Administrator
shall determine whether to provide such grant.
``(3) Application deficiency.--If the Administrator
determines that an application for a grant under this section
is incomplete, the Administrator shall notify the applicant and
provide the applicant the opportunity to resubmit the
application.
``(4) Consideration.--In determining whether to provide a
grant under this section, the Administrator shall consider the
potential positive effects of the project on water quality.
``(e) Compliance With Buy America.--The requirements of section 608
shall apply to any project for construction for which assistance is
received under this section.
``(f) Report to Congress.--Not later than 180 days after the date
of enactment of this section, and annually thereafter, the
Administrator shall submit to Congress a report describing projects
funded under this section, any related improvement of the resiliency of
publicly owned treatment works, and recommendations to improve the
grant program established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $500,000,000 to carry out this section, to remain
available until expended.''.
SEC. 12. REPORTS TO CONGRESS.
(a) Biennial Estimates.--Section 516(b)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended by striking
``(B) a detailed estimate, biennially revised, of the cost of
construction of all needed publicly owned treatment works in all of the
States and of the cost of construction of all needed publicly owned
treatment works in each of the States;'' and inserting ``(B) a detailed
estimate, biennially revised, of the cost of construction of all
planned publicly owned treatment works in all of the States and all
needed publicly owned treatment works in all of the States, and the
cost of construction of all planned publicly owned treatment works in
each of the States and all needed publicly owned treatment works in
each of the States, which estimates shall include (i) the cost of
construction to rehabilitate or upgrade all existing publicly owned
treatment works (excluding any pipe or other device or system for the
conveyance of wastewater), every 20 years, including the costs to
implement measures necessary to address the resilience and
sustainability of publicly owned treatment works to manmade or natural
disasters, and (ii) the cost of construction to replace 10 percent of
existing publicly owned pipes and other devices and systems for the
conveyance of wastewater to such treatment works over the 20-year
period following the date of the estimate;''.
(b) Annual Report on Use of Funds.--Section 516 of the Federal
Water Pollution Control Act (33 U.S.C. 1375) is amended by adding at
the end the following:
``(f) Annual Report on Use of Funds.--Not later than 18 months
after the date of enactment of this subsection, and annually
thereafter, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that--
``(1) identifies projects that are--
``(A) described in clause (i) or (ii) of section
602(b)(15)(A); and
``(B) carried out using funds made available under
or pursuant to section 221 or title VI; and
``(2) identifies, to the extent practicable, the costs and
benefits of such projects, including any potential short- and
long-term cost savings to publicly owned treatment works and
any environmental and community benefits of implementing such
projects.''.
SEC. 13. INDIAN TRIBES.
(a) In General.--Section 518(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1377(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--For each fiscal year, the Administrator
shall reserve, of the funds made available to carry out title
VI (before allotments to the States under section 604(a)), the
greater of--
``(A) 2 percent of such funds; or
``(B) $30,000,000.
``(2) Use of funds.--
``(A) Grants.--Funds reserved under this subsection
shall be available only for grants to entities
described in paragraph (3) for--
``(i) projects and activities eligible for
assistance under section 603(c); and
``(ii) training, technical assistance, and
educational programs relating to the operation
and management of treatment works eligible for
assistance pursuant to section 603(c).
``(B) Limitation.--Not more than $2,000,000 of such
reserved funds may be used for grants under
subparagraph (A)(ii).''; and
(2) in paragraph (3)--
(A) in the header, by striking ``Use of funds'' and
inserting ``Eligible entities''; and
(B) by striking ``for projects and activities
eligible for assistance under section 603(c) to serve''
and inserting ``to''.
(b) Additional Assistance.--
(1) Authorization of appropriations.--In addition to
amounts otherwise made available under title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.), there is
authorized to be appropriated $500,000,000 for each of fiscal
years 2022 through 2026 to make grants, in cooperation with the
Director of the Indian Health Service, to entities described in
section 518(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1377) for--
(A) projects and activities eligible for assistance
under section 603(c) of such Act (33 U.S.C. 1383); and
(B) training, technical assistance, and educational
programs related to the operation and management of
treatment works eligible for assistance pursuant to
such section 603(c).
(2) No matching requirement.--The Administrator may not
require an entity receiving a grant under paragraph (1) to
provide, as a condition of receiving such grant, a share of the
cost of the project or activity for which such grant was made.
(3) Limitation.--Not more than $2,000,000 of amounts made
available in a fiscal year to carry out this subsection may be
used for grants under paragraph (1)(B).
(4) Application of other requirements.--The requirements of
sections 513 and 608 of the Federal Water Pollution Control Act
(33 U.S.C. 1372, 1388) shall apply to any project for the
construction, alteration, maintenance, or repair of treatment
works for which a grant is received under paragraph (1).
SEC. 14. CAPITALIZATION GRANTS.
(a) Specific Requirements.--Section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)--
(A) in the matter preceding clause (i), by striking
``and energy conservation'' and inserting ``and
efficient energy use (including through the
implementation of technologies to recover and reuse
energy produced in the treatment of wastewater)''; and
(B) in clause (iii), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and'' ; and
(3) by adding at the end the following:
``(15) to the extent there are sufficient projects or
activities eligible for assistance from the fund, with respect
to funds for capitalization grants received by the State under
this title and section 205(m)--
``(A) the State will use--
``(i) not less than 15 percent of such
funds for green infrastructure, water or energy
efficiency improvements, or other
environmentally innovative activities; and
``(ii) not less than 5 percent of such
funds for projects to increase the resiliency
of treatment works to extreme weather events,
drought, sea level rise, or other impacts of
climate change; and
``(B) the State will use not less than a total of
20 percent of such funds for projects described in
subparagraph (A).''.
(b) Corrosion Control.--Section 602 of the Federal Water Pollution
Control Act (33 U.S.C. 1382) is amended by adding at the end the
following:
``(c) Corrosion Control.--
``(1) In general.--To the greatest extent practicable, the
Administrator shall encourage the incorporation of corrosion
prevention activities in projects and activities carried out
using financial assistance provided under or pursuant to this
title.
``(2) Activities.--In carrying out paragraph (1), the
Administrator, to the greatest extent practicable, shall ensure
that any recipient of financial assistance under or pursuant to
this title--
``(A) carries out any project or activity using
such assistance using, as applicable--
``(i) best practices to carry out corrosion
prevention activities in the field;
``(ii) industry-recognized standards and
corrosion mitigation and prevention methods
when--
``(I) determining protective
coatings;
``(II) selecting materials; and
``(III) determining methods of
cathodic protection, design, and
engineering for corrosion prevention;
``(iii) certified coating application
specialists and cathodic protection technicians
and engineers; and
``(iv) best practices in environmental
protection to prevent environmental degradation
and to ensure proper handling of all hazardous
materials; and
``(B) demonstrates, as applicable--
``(i) a history of employing industry-
certified inspectors to ensure adherence to
best practices and standards; and
``(ii) a history of compliance with
applicable requirements of the Occupational
Safety and Health Administration.
``(3) Corrosion prevention activities defined.--In this
subsection, the term `corrosion prevention activities' means--
``(A) the application and inspection of protective
coatings for complex work involving steel and
cementitious structures, including structures that will
be exposed in immersion;
``(B) the installation, testing, and inspection of
cathodic protection systems; and
``(C) any other activities related to corrosion
prevention the Administrator determines appropriate.''.
SEC. 15. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in subsection (c)(10), by inserting ``, including
measures to identify and address cybersecurity vulnerabilities
of such treatment works'' before the semicolon; and
(2) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``, including forgiveness of
principal and negative interest loans'' and
inserting ``(including in the form of
forgiveness of principal, negative interest
loans, or grants)''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``in assistance''; and
(II) in clause (ii)(III), by
striking ``to such ratepayers'' and
inserting ``to help such ratepayers
maintain access to wastewater
(including stormwater) treatment
services''; and
(B) by amending paragraph (3) to read as follows:
``(3) Subsidization amounts.--
``(A) In general.--A State may use for providing
additional subsidization in a fiscal year under this
subsection an amount that does not exceed the greater
of--
``(i) 50 percent of the total amount
received by the State in capitalization grants
under this title for the fiscal year; or
``(ii) the annual average over the previous
10 fiscal years of the amounts deposited by the
State in the State water pollution control
revolving fund from State moneys that exceed
the amounts required to be so deposited under
section 602(b)(2).
``(B) Minimum.--To the extent there are sufficient
applications for additional subsidization under this
subsection that meet the criteria under paragraph
(1)(A), a State shall use for providing additional
subsidization in a fiscal year under this subsection an
amount that is not less than 20 percent of the total
amount received by the State in capitalization grants
under this title for the fiscal year.''.
SEC. 16. ALLOTMENT OF FUNDS.
(a) Formula.--Section 604(a) of the Federal Water Pollution Control
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years
1989 and 1990'' and inserting ``each fiscal year''.
(b) Wastewater Infrastructure Workforce Development.--Section 604
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended
by adding at the end the following:
``(d) Wastewater Infrastructure Workforce Development.--Each fiscal
year, a State may reserve up to 1 percent of the sums allotted to the
State under this section for the fiscal year to carry out workforce
development, training, and retraining activities described in section
104(g).''.
(c) Needs Survey.--Section 604 of the Federal Water Pollution
Control Act (33 U.S.C. 1384) is further amended by adding at the end
the following:
``(e) Needs Survey.--Each fiscal year, a State may reserve up to
0.5 percent of the sums allotted to the State under this section for
the fiscal year to carry out activities under section 516(b)(1)(B).''.
(d) Funds Allotted to Puerto Rico.--Section 604 of the Federal
Water Pollution Control Act (33 U.S.C. 1384) is further amended by
adding at the end the following:
``(f) Funds Allotted to Puerto Rico.--Notwithstanding any other
provision of law, no funds allotted to the Commonwealth of Puerto Rico
under this section may be counted as income or an asset of the owner or
operator of a publicly owned treatment works receiving such funds, or
be used, set aside, or otherwise made available for the purposes of
payment of debt restructuring under the Puerto Rico Oversight,
Management, and Economic Stability Act (48 U.S.C. 2101 et seq.) by the
Puerto Rico Financial Oversight and Management Board.''.
SEC. 17. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by striking section 607 and inserting the
following:
``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.
``(a) In General.--
``(1) Reservation.--For each fiscal year, the Administrator
shall reserve 1.5 percent of available funds, as determined
under paragraph (2).
``(2) Available funds.--For purposes of paragraph (1), the
amount of available funds for a fiscal year is--
``(A) the amount of funds made available to carry
out this title for the fiscal year (before allotments
to the States under section 604(a)); less
``(B) the amount of any funds reserved under
section 518(c) for the fiscal year.
``(b) Use of Funds.--Funds reserved under this section shall be
available only for grants to American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands for projects and
activities eligible for assistance under section 603(c).
``(c) Limitation.--American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands may not receive funds
allotted under section 604(a).''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
the following sums:
``(1) $8,000,000,000 for fiscal year 2022.
``(2) $8,000,000,000 for fiscal year 2023.
``(3) $8,000,000,000 for fiscal year 2024.
``(4) $8,000,000,000 for fiscal year 2025.
``(5) $8,000,000,000 for fiscal year 2026.''.
SEC. 19. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.
Section 4(b)(1) of the Water Infrastructure Improvement Act (42
U.S.C. 4370j(b)(1)) is amended to read as follows:
``(1) technical and planning assistance to support
municipalities, including municipalities that are rural, small,
economically disadvantaged, or Tribal communities, in achieving
and maintaining compliance with enforceable deadlines, goals,
and requirements of the Federal Water Pollution Control Act;
and''.
SEC. 20. REPORT ON WASTEWATER INFRASTRUCTURE FUNDING FOR RURAL,
ECONOMICALLY DISADVANTAGED, AND TRIBAL COMMUNITIES.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall initiate a study on the distribution of wastewater infrastructure
funds to rural communities, economically disadvantaged communities, and
Tribal communities during the 20 fiscal years preceding the date of
enactment of this Act.
(b) Requirements.--In carrying out the study under this section,
the Administrator shall--
(1) consult with other Federal agencies, State, local, and
Tribal governments, owners and operators of publicly owned
treatment works, and stakeholder organizations, including
organizations with experience in investigating or addressing
the wastewater infrastructure needs of rural communities,
economically disadvantaged communities, and Tribal communities;
(2) undertake at least one public meeting in a rural
community, in an economically disadvantaged community, and in a
Tribal community, to receive testimony from the public;
(3) examine whether the distribution of wastewater
infrastructure funds during the period covered by the study has
been in accordance with any applicable executive order or
policy regarding environmental justice;
(4) examine how wastewater infrastructure funds have been
distributed with respect to the identified needs of rural
communities, economically disadvantaged communities, and Tribal
communities, and whether such funds have addressed the needs of
such communities equitably when compared to how such funds have
been distributed with respect to the identified needs of
communities that are not rural, economically disadvantaged, or
Tribal; and
(5) consider any additional factors that the Administrator
determines necessary or appropriate to determine whether rural
communities, economically disadvantaged communities, and Tribal
communities have equitable access to wastewater infrastructure
funds to comply with applicable requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to Congress a
report describing--
(1) the results of the study carried out under this
section; and
(2) any recommendations to Congress, or to State, local,
and Tribal governments, to ensure that rural communities,
economically disadvantaged communities, and Tribal communities
can equitably access wastewater infrastructure funds in amounts
sufficient to address local wastewater infrastructure needs and
local water quality challenges.
(d) Definitions.--In this section:
(1) Economically disadvantaged community.--The term
``economically disadvantaged community'' means--
(A) a municipality that meets the affordability
criteria of a State established under section 603(i)(2)
of the Federal Water Pollution Control Act (33 U.S.C.
1383(i)(2));
(B) a community with respect to which a
municipality can demonstrate that households in the
community experience significant economic hardship
related to wastewater infrastructure; or
(C) a community that is located in an area that
meets the criteria described in paragraph (1) or (2) of
section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)).
(2) Municipality; treatment works.--The terms
``municipality'' and ``treatment works'' have the meanings
given those terms in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
(3) Wastewater infrastructure funds.--The term ``wastewater
infrastructure funds'' means funds made available for projects
or activities under or pursuant to--
(A) title VI of the Federal Water Pollution Control
Act (33 U.S.C. 1381 et seq.);
(B) section 122 of the Federal Water Pollution
Control Act (33 U.S.C. 1274);
(C) section 220 of the Federal Water Pollution
Control Act (33 U.S.C. 1300); and
(D) section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301).
SEC. 21. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Water Reuse
Interagency Working Group to develop and coordinate actions, tools, and
resources to encourage water reuse across the United States, including
through the implementation of the National Water Reuse Action Plan,
consistent with the mission of each Federal agency that is a member of
the working group.
(b) Chairperson; Membership.--The working group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from any Federal
agency the Administrator determines to be appropriate.
(c) Duties of the Working Group.--The working group shall--
(1) annually review the National Water Reuse Action Plan
and, as necessary, update such plan;
(2) encourage the consideration of water reuse as part of
integrated water resources management and planning;
(3) conduct, and submit to Congress and make public, an
assessment of opportunities to encourage water reuse and
actions necessary to pursue such opportunities;
(4) seek to coordinate Federal programs and policies to
encourage water reuse;
(5) consider how each Federal agency that is a member of
the working group can explore and identify opportunities to
encourage water reuse through the programs and activities of
each such Federal agency; and
(6) consult, on a regular basis, with representatives of
the water reuse industry, research community, and
nongovernmental organizations.
(d) Report.--Not less frequently than once every 2 years, the
Administrator shall submit to Congress a report on the activities and
findings of the working group.
(e) Sunset.--The working group shall terminate on the date that is
6 years after the date of enactment of this Act.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) National water reuse action plan.--The term ``National
Water Reuse Action Plan'' means the document published by the
Administrator entitled ``National Water Reuse Action Plan:
Collaborative Implementation (Version 1)'', dated February
2020, and noticed in the Federal Register on March 3, 2020 (85
Fed. Reg. 12552), as updated pursuant to this section.
(3) Working group.--The term ``working group'' means the
Water Reuse Interagency Working Group established under this
section.
Union Calendar No. 48
117th CONGRESS
1st Session
H. R. 1915
[Report No. 117-69]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to reauthorize certain
water pollution control programs, and for other purposes.
_______________________________________________________________________
June 22, 2021
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed