Text: H.R.7279 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-436 (01/14/2019)

 
[115th Congress Public Law 436]
[From the U.S. Government Publishing Office]



[[Page 5557]]

                          WATER INFRASTRUCTURE
                             IMPROVEMENT ACT

[[Page 132 STAT. 5558]]

Public Law 115-436
115th Congress

                                 An Act


 
   To amend the Federal Water Pollution Control Act to provide for an 
 integrated planning process, to promote green infrastructure, and for 
         other purposes. <<NOTE: Jan. 14, 2019 -  [H.R. 7279]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Water 
Infrastructure Improvement Act. 33 USC 1251 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Infrastructure Improvement 
Act''.
SEC. 2. <<NOTE: 42 USC 4370j note.>>  DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Municipality.--The term ``municipality'' has the meaning 
        given that term in section 502 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1362).
SEC. 3. INTEGRATED PLANS.

    (a) Integrated Plans.--Section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) is amended by adding at the end the 
following:
    ``(s) Integrated Plans.--
            ``(1) Definition of integrated plan.--In this subsection, 
        the term `integrated plan' means a plan developed in accordance 
        with the Integrated Municipal Stormwater and Wastewater Planning 
        Approach Framework, issued by the Environmental Protection 
        Agency and dated June 5, 2012.
            ``(2) In general.--The Administrator (or a State, in the 
        case of a permit program approved by the Administrator) shall 
        inform municipalities of the opportunity to develop an 
        integrated plan that may be incorporated into a permit under 
        this section.
            ``(3) Scope.--
                    ``(A) Scope of permit incorporating integrated 
                plan.--A permit issued under this section that 
                incorporates an integrated plan may integrate all 
                requirements under this Act addressed in the integrated 
                plan, including requirements relating to--
                          ``(i) a combined sewer overflow;
                          ``(ii) a capacity, management, operation, and 
                      maintenance program for sanitary sewer collection 
                      systems;
                          ``(iii) a municipal stormwater discharge;
                          ``(iv) a municipal wastewater discharge; and

[[Page 132 STAT. 5559]]

                          ``(v) a water quality-based effluent 
                      limitation to implement an applicable wasteload 
                      allocation in a total maximum daily load.
                    ``(B) Inclusions in integrated plan.--An integrated 
                plan incorporated into a permit issued under this 
                section may include the implementation of--
                          ``(i) projects, including innovative projects, 
                      to reclaim, recycle, or reuse water; and
                          ``(ii) green infrastructure.
            ``(4) Compliance schedules.--
                    ``(A) In general.--A permit issued under this 
                section that incorporates an integrated plan may include 
                a schedule of compliance, under which actions taken to 
                meet any applicable water quality-based effluent 
                limitation may be implemented over more than 1 permit 
                term if the schedule of compliance--
                          ``(i) is authorized by State water quality 
                      standards; and
                          ``(ii) meets the requirements of section 
                      122.47 of title 40, Code of Federal Regulations 
                      (as in effect on the date of enactment of this 
                      subsection).
                    ``(B) Time for compliance.--For purposes of 
                subparagraph (A)(ii), the requirement of section 122.47 
                of title 40, Code of Federal Regulations, for compliance 
                by an applicable statutory deadline under this Act does 
                not prohibit implementation of an applicable water 
                quality-based effluent limitation over more than 1 
                permit term.
                    ``(C) Review.--A schedule of compliance incorporated 
                into a permit issued under this section may be reviewed 
                at the time the permit is renewed to determine whether 
                the schedule should be modified.
            ``(5) Existing authorities retained.--
                    ``(A) Applicable standards.--Nothing in this 
                subsection modifies any obligation to comply with 
                applicable technology and water quality-based effluent 
                limitations under this Act.
                    ``(B) Flexibility.--Nothing in this subsection 
                reduces or eliminates any flexibility available under 
                this Act, including the authority of a State to revise a 
                water quality standard after a use attainability 
                analysis under section 131.10(g) of title 40, Code of 
                Federal Regulations (or a successor regulation), subject 
                to the approval of the Administrator under section 
                303(c).
            ``(6) Clarification of state authority.--
                    ``(A) In general.--Nothing in section 301(b)(1)(C) 
                precludes a State from authorizing in the water quality 
                standards of the State the issuance of a schedule of 
                compliance to meet water quality-based effluent 
                limitations in permits that incorporate provisions of an 
                integrated plan.
                    ``(B) Transition rule.--In any case in which a 
                discharge is subject to a judicial order or consent 
                decree, as of the date of enactment of this subsection, 
                resolving an enforcement action under this Act, any 
                schedule of compliance issued pursuant to an 
                authorization in a State water quality standard may not 
                revise a schedule of compliance in that order or decree 
                to be less stringent, unless

[[Page 132 STAT. 5560]]

                the order or decree is modified by agreement of the 
                parties and the court.''.

    (b) Implementation of Integrated Plans Through Enforcement Tools.--
Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) 
is amended by adding at the end the following:
    ``(h) Implementation of Integrated Plans.--
            ``(1) In general.--In conjunction with an enforcement action 
        under subsection (a) or (b) relating to municipal discharges, 
        the Administrator shall inform a municipality of the opportunity 
        to develop an integrated plan, as defined in section 402(s).
            ``(2) Modification.--Any municipality under an 
        administrative order under subsection (a) or settlement 
        agreement (including a judicial consent decree) under subsection 
        (b) that has developed an integrated plan consistent with 
        section 402(s) may request a modification of the administrative 
        order or settlement agreement based on that integrated plan.''.

    (c) Report to Congress <<NOTE: Public information.>> .--Not later 
than 2 years after the date of enactment of this Act, 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, and make publicly available, a report on each 
integrated plan developed and implemented through a permit, order, or 
judicial consent decree pursuant to the Federal Water Pollution Control 
Act since the date of publication of the ``Integrated Municipal 
Stormwater and Wastewater Planning Approach Framework'' issued by the 
Environmental Protection Agency and dated June 5, 2012, including a 
description of the control measures, levels of control, estimated costs, 
and compliance schedules for the requirements implemented through such 
an integrated plan.
SEC. 4. <<NOTE: 42 USC 4370j.>>  MUNICIPAL OMBUDSMAN.

    (a) Establishment.--There is established within the Office of the 
Administrator an Office of the Municipal Ombudsman, to be headed by a 
Municipal Ombudsman.
    (b) General Duties.--The duties of the Municipal Ombudsman shall 
include the provision of--
            (1) technical assistance to municipalities seeking to comply 
        with the Federal Water Pollution Control Act; and
            (2) information to the Administrator to help the 
        Administrator ensure that agency policies are implemented by all 
        offices of the Environmental Protection Agency, including 
        regional offices.

    (c) Actions Required.--The Municipal Ombudsman shall work with 
appropriate offices at the headquarters and regional offices of the 
Environmental Protection Agency to ensure that a municipality seeking 
assistance is provided information regarding--
            (1) available Federal financial assistance for which the 
        municipality is eligible;
            (2) flexibility available under the Federal Water Pollution 
        Control Act; and
            (3) the opportunity to develop an integrated plan under 
        section 402(s) of the Federal Water Pollution Control Act.

    (d) Information Sharing <<NOTE: Web posting.>> .--The Municipal 
Ombudsman shall publish on the website of the Environmental Protection 
Agency--
            (1) general information relating to--

[[Page 132 STAT. 5561]]

                    (A) the technical assistance referred to in 
                subsection (b)(1);
                    (B) the financial assistance referred to in 
                subsection (c)(1);
                    (C) the flexibility referred to in subsection 
                (c)(2); and
                    (D) any resources developed by the Administrator 
                related to integrated plans under section 402(s) of the 
                Federal Water Pollution Control Act; and
            (2) a copy of each permit, order, or judicial consent decree 
        that implements or incorporates such an integrated plan.
SEC. 5. GREEN INFRASTRUCTURE.

    (a) Definition.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end the following:
            ``(27) Green infrastructure.--The term `green 
        infrastructure' means the range of measures that use plant or 
        soil systems, permeable pavement or other permeable surfaces or 
        substrates, stormwater harvest and reuse, or landscaping to 
        store, infiltrate, or evapotranspirate stormwater and reduce 
        flows to sewer systems or to surface waters.''.

    (b) Green Infrastructure Promotion.--Title V of the Federal Water 
Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
            (1) <<NOTE: 33 USC 1251 note.>>  by redesignating section 
        519 as section 520; and
            (2) by inserting after section 518 the following:
``SEC. 519. <<NOTE: Coordination. 33 USC 1377a.>>  GREEN 
                        INFRASTRUCTURE PROMOTION.

    ``(a) In General.--The Administrator shall promote the use of green 
infrastructure in, and coordinate the integration of green 
infrastructure into, permitting and enforcement under this Act, planning 
efforts, research, technical assistance, and funding guidance of the 
Environmental Protection Agency.
    ``(b) Coordination of Efforts.--The Administrator shall ensure that 
the Office of Water coordinates efforts to increase the use of green 
infrastructure with--
            ``(1) other Federal departments and agencies;
            ``(2) State, tribal, and local governments; and
            ``(3) the private sector.

    ``(c) Regional Green Infrastructure Promotion.--The Administrator 
shall direct each regional office of the Environmental Protection 
Agency, as appropriate based on local factors, and consistent with the 
requirements of this Act, to promote and integrate the use of green 
infrastructure within the region, including through--
            ``(1) outreach and training regarding green infrastructure 
        implementation for State, tribal, and local governments, tribal 
        communities, and the private sector; and
            ``(2) the incorporation of green infrastructure into 
        permitting and other regulatory programs, codes, and ordinance 
        development, including the requirements under consent decrees 
        and settlement agreements in enforcement actions.

    ``(d) Green Infrastructure Information-
Sharing <<NOTE: Website.>> .--The Administrator shall promote green 
infrastructure information-sharing, including through an internet 
website, to share information with, and provide technical assistance to, 
State, tribal, and local governments, tribal communities, the private 
sector, and the public, regarding green infrastructure approaches for--
            ``(1) reducing water pollution;

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            ``(2) protecting water resources;
            ``(3) complying with regulatory requirements; and
            ``(4) achieving other environmental, public health, and 
        community goals.''.

    Approved January 14, 2019.

LEGISLATIVE HISTORY--H.R. 7279:
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CONGRESSIONAL RECORD, Vol. 164 (2018):
            Dec. 19, considered and passed House.
            Dec. 22, considered and passed Senate.

                                  <all>

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