[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3218 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3218
To amend the Federal Water Pollution Control Act to reauthorize certain
water pollution control programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2021
Mr. Rouzer (for himself, Mr. Graves of Missouri, and Mr. Young)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
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.
This Act may be cited as the ``Wastewater Infrastructure
Improvement Act of 2021''.
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 Wastewater Infrastructure Improvement Act
of 2021, 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 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
Act, that promote workforce development to address such
needs; and
``(C) any recommendations of the Administrator to
address such needs.''.
SEC. 3. 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;
``(4) $240,000,000 for fiscal year 2022;
``(5) $250,000,000 for fiscal year 2023;
``(6) $260,000,000 for fiscal year 2024;
``(7) $270,000,000 for fiscal year 2025; and
``(8) $275,000,000 for fiscal year 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. 4. 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 and sea
level rise; and
``(B) to carry out the planning, designing, or
constructing 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; or
``(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).''.
(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
receiving 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, to the extent there are sufficient eligible
applications.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $110,000,000, to remain
available until expended.''.
(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. 5. 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) Cost Sharing.--Section 220(g) of the Federal Water Pollution
Control Act (33 U.S.C. 1300(g)) is amended--
(1) by striking ``The Federal share'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), the
Federal share''; and
(2) by adding at the end the following:
``(2) Reclamation and reuse projects.--For an alternative
water source project that has received funds under the
Reclamation Projects Authorization and Adjustment Act of 1992
(other than funds referred to in subsection (d)(1)), the total
Federal share of the costs of the project shall not exceed 25
percent or $20,000,000, whichever is less.''.
(d) 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.''.
(e) Definitions.--Section 220(j)(1) of the Federal Water Pollution
Control Act (as redesignated by subsection (d) of this section) is
amended by striking ``or wastewater or by treating wastewater'' and
inserting ``, wastewater, or stormwater or by treating wastewater or
stormwater''.
(f) Authorization of Appropriations.--Section 220(k) of the Federal
Water Pollution Control Act (as redesignated by subsection (d) of this
section) is amended by striking ``$75,000,000 for fiscal years 2002
through 2004'' and inserting ``$150,000,000''.
SEC. 6. 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 striking ``2020'' and
inserting ``2026''; 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. 7. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT TERM.
Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1342(b)(1)(B)) is amended to read as follows:
``(B) are for fixed terms--
``(i) not exceeding 10 years, for a permit issued
to a State or municipality; and
``(ii) not exceeding 5 years, for a permit issued
to any person not described in clause (i); and''.
SEC. 8. REPORTS TO CONGRESS.
Section 516(b)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1375(b)(1)) is amended--
(1) by striking ``, of the cost of construction'' and
inserting ``, of (i) the cost of construction''; and
(2) by striking ``each of the States;'' and inserting
``each of the States, and (ii) the costs to implement measures
necessary to address the resilience and sustainability of
publicly owned treatment works to manmade or natural
disasters;''.
SEC. 9. INDIAN TRIBES.
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 the
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''.
SEC. 10. CAPITALIZATION GRANTS.
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 (such as through the
implementation of technologies to recapture 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 applications for
projects or activities that are eligible for assistance from
the fund and are consistent with the State's intended use plan
under section 606(c), and with respect to which the applicant
meets the minimum financial requirements to qualify for
assistance under this title, the State will use not less than
10 percent of the funds received by the State in capitalization
grants under this title in a fiscal year for projects or
activities, or components thereof, to improve the resiliency,
including water and energy efficiency, of treatment works, or
to implement environmentally innovative activities such as
green infrastructure.''.
SEC. 11. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603(i) of the Federal Water Pollution Control Act (33
U.S.C. 1383(i)) is amended--
(1) in paragraph (1)--
(A) 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
(B) 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 and
stormwater treatment services'';
(2) 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 30 percent of
the total amount received by the State in
capitalization grants under this title for the fiscal
year.
``(B) Minimum.--For each of fiscal years 2022
through 2026, 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 10 percent of the total
amount received by the State in capitalization grants
under this title for the fiscal year.''; and
(3) by adding at the end the following:
``(k) Additional Use of Funds.--
``(1) Technical assistance.--A State may use for providing
technical assistance to publicly owned treatment works serving
10,000 or fewer individuals in the State an amount that does
not exceed 2 percent of the total amount allotted to the State
under this title for each fiscal year.
``(2) Needs survey.--A State may use for activities
associated with the Clean Watershed Needs Survey conducted
pursuant to section 516(b), including data collection, an
amount that does not exceed 0.5 percent of the total amount
allotted to the State under this title for each fiscal year.''.
SEC. 12. 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.--
``(1) In general.--In each of fiscal years 2022 through
2026, 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 workforce development, training, and retraining
activities described in section 104(g).
``(2) Report to congress.--Not later than 3 years after the
date of enactment of this subsection, 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 containing--
``(A) a list of the States that reserved and used
funds under paragraph (1);
``(B) a summary of the amounts of such funds so
used by such States;
``(C) an identification and assessment of the types
of efforts of such States, and the effectiveness of
such efforts, in promoting and accomplishing workforce
development, training, and retraining, including the
number of treatment works operators who are certified
pursuant to such efforts; and
``(D) any recommendations of the Administrator
regarding how States may improve the effective use of
such funds.''.
SEC. 13. 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 calculated in
accordance with paragraph (2).
``(2) Calculation of available funds.--The amount of
available funds shall be calculated by subtracting the amount
of any funds reserved under section 518(c) from the amount of
funds made available to carry out this title (before allotments
to the States under section 604(a)).
``(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. 14. 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) $2,400,000,000 for fiscal year 2022.
``(2) $2,600,000,000 for fiscal year 2023.
``(3) $2,800,000,000 for fiscal year 2024.
``(4) $3,000,000,000 for fiscal year 2025.
``(5) $3,200,000,000 for fiscal year 2026.''.
SEC. 15. 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,
and tribal communities, in achieving and maintaining compliance
with enforceable deadlines, goals, and requirements of the
Federal Water Pollution Control Act; and''.
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