[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3490 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3490
To amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to authorize grants for smart water infrastructure
technology, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2023
Mr. Gallego (for himself and Mr. Duarte) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Energy and
Commerce, 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 amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to authorize grants for smart water infrastructure
technology, 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
Infrastructure Modernization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
TITLE I--WASTEWATER INFRASTRUCTURE
Sec. 101. Smart wastewater infrastructure technology for treatment
works.
TITLE II--DRINKING WATER INFRASTRUCTURE
Sec. 201. Smart water infrastructure technology for drinking water.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to upgrade and modernize the drinking water,
wastewater, and stormwater systems of the United States;
(2) to support the modernization of the publicly owned
treatment works of the United States to maintain reliable and
affordable water quality infrastructure that addresses demand
impacts, including resiliency, to improve public health and
natural resources;
(3) to support the modernization of the drinking water
infrastructure and management systems of the United States to
maintain reliable, resilient, and affordable drinking water
infrastructure and ensure the protection of public health; and
(4) to encourage the use of water-efficient technologies to
address drought and prepare for the growing strain that
population growth and climate change will have on over-
allocated water supplies.
TITLE I--WASTEWATER INFRASTRUCTURE
SEC. 101. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY FOR TREATMENT
WORKS.
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. 228. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY.
``(a) Grants.--Subject to the availability of appropriations, the
Administrator shall make direct grants to owners and operators of
publicly owned treatment works for planning, design, construction,
implementation, training, and operations relating to--
``(1) intelligent wastewater treatment and collection
systems and stormwater management operations, including
technologies that rely on--
``(A) the use of real-time monitoring, management,
analytics, and data collection tools, embedded
intelligence, and predictive maintenance capabilities
that improve the energy efficiency, cost efficiency,
reliability, and resiliency of wastewater treatment
systems;
``(B) real-time remote sensors that provide
continuous monitoring of water quality in stormwater
and wastewater treatment and collection systems to
support the optimization of those stormwater and
wastewater treatment and collection systems; and
``(C) the use of artificial intelligence and other
intelligent optimization tools that--
``(i) reduce operational costs, including
operational costs relating to energy
consumption and chemical treatment; and
``(ii) improve decisionmaking;
``(2) innovative and alternative combined sewer and
stormwater control projects, including groundwater banking,
that rely on real-time data acquisition to support predictive
aquifer recharge through water reuse and stormwater management
capabilities; and
``(3) advanced digital design and construction management
tools relating to stormwater and wastewater treatment and
collection systems, including advanced digital models.
``(b) Program Implementation.--
``(1) Selection.--
``(A) Application.--The owner or operator of a
publicly owned treatment works seeking a grant under
subsection (a) shall submit to the Administrator an
application at such time, in such manner, and
containing such information as the Administrator may
require.
``(B) Guidance.--Not later than 30 days after the
date of enactment of this section, the Administrator
shall issue guidance to owners and operators of
publicly owned treatment works on how to submit an
application under subparagraph (A).
``(C) Selection.--Not later than 30 days after the
date on which the owner or operator of a publicly owned
treatment works seeking a grant under subsection (a)
submits an application under subparagraph (A), the
Administrator shall determine whether to approve or
deny the application.
``(D) Deficient applications.--If the Administrator
determines that an application submitted under
subparagraph (A) is deficient, the Administrator
shall--
``(i) advise the applicant of the
deficiency; and
``(ii) provide an opportunity for the
applicant to resubmit the application.
``(2) Disbursement.--If the Administrator approves an
application under paragraph (1)(C), the Administrator shall
disburse grant funds not later than 60 days after the date of
the determination.
``(c) Cost-Share.--
``(1) In general.--Except as provided in paragraph (2), the
non-Federal share of an activity carried out using a grant
under subsection (a) shall be 25 percent.
``(2) Waiver.--The Administrator may waive the cost-share
requirement under paragraph (1) if the Administrator determines
that the cost-share requirement would be financially
unreasonable due to the inability of a community being served
by the publicly owned treatment works for which the grant is
sought to comply with the cost-share requirement.
``(d) Compliance With Buy America.--Section 608 shall apply to
grant funds under this section.
``(e) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, and not less frequently than
annually thereafter, the Administrator shall submit to Congress
a report that--
``(A) describes--
``(i) the projects awarded grants under
subsection (a); and
``(ii) the improvements in the resiliency
of publicly owned treatment works that resulted
from the grants awarded under subsection (a);
and
``(B) includes any recommendations of the
Administrator to improve the ability of grants under
subsection (a) to achieve the purposes described in
section 2 of the Water Infrastructure Modernization Act
of 2023.
``(2) Initial report.--The initial report required under
paragraph (1) shall include a description of the implementation
of this section, including a description of--
``(A) the projects approved for a grant under
subsection (a);
``(B) the projects denied a grant under subsection
(a); and
``(C) for the projects described in subparagraph
(B), a description of the reasons for which each
project was denied a grant.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $25,000,000 for the period of fiscal
years 2024 through 2028, to remain available until expended.
``(2) Set-asides.--
``(A) Rural communities.--Of the amounts made
available under paragraph (1), the Administrator shall
use not more than 25 percent to make grants to owners
and operators of publicly owned treatment works that
serve communities with a population of not more than
10,000 individuals.
``(B) Tribal communities.--Of the amounts made
available under subparagraph (A), the Administrator
shall use not less than 10 percent to make grants to
owners and operators of publicly owned treatment works
that serve Indian Tribes.''.
TITLE II--DRINKING WATER INFRASTRUCTURE
SEC. 201. SMART WATER INFRASTRUCTURE TECHNOLOGY FOR DRINKING WATER.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (m)(1), by striking ``subsections
(a)(2)(G) and (t)'' and inserting ``subsections (a)(2)(G), (t),
and (u)''; and
(2) by adding at the end the following:
``(u) Smart Water Infrastructure Technology.--
``(1) Grants.--Subject to the availability of
appropriations, the Administrator shall make direct grants to
the owners or operators of community water systems for purposes
of planning, design, construction, implementation, training,
and operations relating to--
``(A) smart water network technologies that--
``(i) can identify or reduce water losses
in a nondestructive or nondisruptive manner,
including through analytical software, flow and
pressure monitoring, or acoustic data
collection; and
``(ii) provide--
``(I) predictive and diagnostic
information for informed
decisionmaking;
``(II) comprehensive data on
pipeline integrity that document the
presence of leaks or gas pockets; and
``(III) information on the extent
of such leaks or gas pockets, with an
emphasis on detecting weakness of,
vulnerability of, or damage to pipe
barrels, pipe joints, or other pipe
features;
``(B) real-time remote sensing technologies,
including the use of advanced data management and
analytics, that detect and alert operators to water
quality events, leakages, and pipeline bursts on a
real-time basis, including persistent sensor networks
capable of measuring--
``(i) acoustic signals;
``(ii) pressure transient;
``(iii) water quality; or
``(iv) water flow;
``(C) real-time decision support technologies that
integrate sources of data about water treatment systems
and distribution networks to deliver common operations
information relying on data analytics that can improve
operational decisionmaking, including nonrevenue water
loss, energy optimization, cost efficiency, asset
maintenance management, and water quality improvement;
``(D) advanced metering infrastructure, including
meter data analytics and ratepayer technology--
``(i) to improve end user conservation; and
``(ii) in support of disadvantaged
communities;
``(E) resilient water supply projects that may
provide real-time monitoring of weather patterns and
impacts on water supply and flood protection reservoirs
and dams that enhance operations, including--
``(i) improved water supply reliability and
management;
``(ii) protection of natural resources,
including fisheries; and
``(iii) temperature control;
``(F) innovative and alternative water supply
projects, including groundwater banking, that rely on
real-time data acquisition to support predictive
aquifer recharge through water reuse and stormwater
management capabilities;
``(G) artificial intelligence and other intelligent
optimization tools that--
``(i) reduce operational costs, including
operational costs relating to energy
consumption and chemical treatment; and
``(ii) improve decisionmaking; and
``(H) advanced digital design and construction
management tools relating to water treatment systems
and distribution networks, including the development of
advanced digital models.
``(2) Program implementation.--
``(A) Selection.--
``(i) Application.--The owner or operator
of a community water system seeking a grant
under paragraph (1) shall submit to the
Administrator an application at such time, in
such manner, and containing such information as
the Administrator may require.
``(ii) Guidance.--Not later than 30 days
after the date of enactment of this subsection,
the Administrator shall issue guidance to
owners and operators of community water systems
on how to submit an application under clause
(i).
``(iii) Selection.--Not later than 30 days
after the date on which the owner or operator
of a community water system seeking a grant
under paragraph (1) submits an application
under clause (i), the Administrator shall
determine whether to approve or deny the
application.
``(iv) Deficient applications.--If the
Administrator determines that an application
submitted under clause (i) is deficient, the
Administrator shall--
``(I) advise the applicant of the
deficiency; and
``(II) provide an opportunity for
the applicant to resubmit the
application.
``(B) Disbursement.--If the Administrator approves
an application under subparagraph (A)(iii), the
Administrator shall disburse grant funds not later than
60 days after the date of the determination.
``(3) Cost-share.--
``(A) In general.--Except as provided in
subparagraph (B), the non-Federal share of an activity
carried out using a grant under paragraph (1) shall be
25 percent.
``(B) Exception.--The Administrator may waive the
cost-share requirement under subparagraph (A) if the
grant recipient is or serves a disadvantaged community
(as defined in subsection (d)(3)).
``(4) Compliance with buy america.--Subsection (a)(4) shall
apply to grant funds under this subsection, without regard to
the fiscal year limitation in subparagraph (A) of that
subsection.
``(5) Report to congress.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, and not less
frequently than annually thereafter, the Administrator
shall submit to Congress a report that--
``(i) describes the projects awarded grants
under paragraph (1) during the applicable
reporting period; and
``(ii) includes any recommendations of the
Administrator to improve the ability of grants
under paragraph (1) to achieve the purposes
described in section 2 of the Water
Infrastructure Modernization Act of 2023.
``(B) Initial report.--The initial report required
under subparagraph (A) shall include a description of
the implementation of this subsection, including a
description of--
``(i) the projects approved for a grant
under paragraph (1);
``(ii) the projects denied a grant under
paragraph (1); and
``(iii) for the projects described in
clause (ii), a description of the reasons for
which each project was denied a grant.
``(6) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to carry out this subsection $25,000,000
for the period of fiscal years 2024 through 2028, to
remain available until expended.
``(B) Set-asides.--
``(i) Rural communities.--Of the amounts
made available under subparagraph (A), the
Administrator shall use not more than 25
percent to make grants to owners and operators
of community water systems that serve a
population of not more than 10,000 individuals.
``(ii) Tribal communities.--Of the amounts
made available under subparagraph (A), the
Administrator shall use not less than 10
percent to make grants to owners and operators
of community water systems that serve Indian
Tribes.''.
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