S. 2848 — what changed

The Act of October 15, 1940 (33 U.S.C. 701h–1), is amended—

“(a) In general—Whenever any”

“(b) Repayment—The Secretary of the Army”

“(c) Definition of State—In this section, the term State means—

“(1) a State;

“(2) the District of Columbia;

“(3) the Commonwealth of Puerto Rico;

“(4) any other territory or possession of the United States; and

“(5) a federally recognized Indian tribe or a Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).”

changed Section 1027(b) 1027 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 426e–2(b)) 426e–2) is amended by striking “funded” and inserting “reimbursed”.amended—

changed Section 221(a)(4)(D)(iv) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(D)(iv)) 1962d-5b(a)(4)(D)(iv)) is amended—

Section 3 of the Act entitled “An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved March 2, 1945 (33 U.S.C. 603a), is amended—

changed Section 22(a)(1) of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16(a)(1)) 1962d-16(a)(1)) is amended—

changed Section 3(c)(2)(B) of the Act of August 13, 1946 (33 U.S.C. 426g(c)(2)(B)), 426g(c)(2)(B)) is amended by striking “$5,000,000” and inserting “$10,000,000”.

Section 101(a)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(1)) is amended—

changed Section 210(e)(3)(A) 210(e)(3) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)(A)) 2238(e)(3)) is amended—

added “(B) Additional requirement—For the first report following the date of enactment of the Water Resources Development Act of 2016, in the report submitted under subparagraph (A), the Secretary shall identify, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2), on a project-by-project basis.”

removed “(v) identifies, to the maximum extent practicable, transportation cost savings realized by achieving and maintaining the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2), on a project-by-project basis.”

“(A) the Governor of each State in which a station is established under paragraph (1);”

changed Section 5056(f) of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1214) 1214; 128 Stat. 1315) is amended by striking “2019” and inserting “2024”.

Section 4014(b) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2803a(b)) is amended—

“(3) give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and projects that use dredged materials;”

The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section:

“(e) Consideration of national security interests—In carrying out a study of the feasibility of an Arctic deep draft port, the Secretary—

“(1) shall consult with the Secretary of Homeland Security and the Secretary of Defense to identify national security benefits associated with an Arctic deep draft port; and

“(2) if appropriate, as determined by the Secretary, may determine a port described in paragraph (1) is feasible based on the benefits described in that paragraph.”

“1459B. Reducing lead in drinking water

“(a) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means—

“(A) a community water system;

“(B) a system located in an area governed by an Indian Tribe;

“(C) a nontransient noncommunity water system;

“(D) a qualified nonprofit organization, as determined by the Administrator; and

“(E) a municipality or State, interstate, or intermunicipal agency.

“(2) Lead reduction project

“(A) In general—The term lead reduction project means a project or activity the primary purpose of which is to reduce the level of lead in water for human consumption by—

“(i) replacement of publicly owned lead service lines;

“(ii) testing, planning, or other relevant activities, as determined by the Administrator, to identify and address conditions (including corrosion control) that contribute to increased lead levels in water for human consumption;

“(iii) assistance to low-income homeowners to replace privately owned service lines, pipes, fittings, or fixtures that contain lead; and

“(iv) education of consumers regarding measures to reduce exposure to lead from drinking water or other sources.

“(B) Limitation—The term lead reduction project does not include a partial lead service line replacement if, at the conclusion of the service line replacement, drinking water is delivered to a household through a publicly or privately owned portion of a lead service line.

“(3) Low-income—The term low-income, with respect to an individual provided assistance under this section, has such meaning as may be given the term by the head of the municipality or State, interstate, or intermunicipal agency with jurisdiction over the area to which assistance is provided.

“(4) Municipality—The term municipality means—

“(A) a city, town, borough, county, parish, district, association, or other public entity established by, or pursuant to, applicable State law; and

“(B) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).

“(b) Grant program

“(1) Establishment—The Administrator shall establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States.

“(2) Precondition—As a condition of receipt of assistance under this section, before receiving the assistance the eligible entity shall take steps to identify—

“(A) the source of lead in water for human consumption; and

“(B) the means by which the proposed lead reduction project would reduce lead levels in the applicable water system.

“(3) Priority application—In providing grants under this subsection, the Administrator shall give priority to an eligible entity that—

“(A) demonstrates that the eligible entity is unable to fund the proposed lead reduction project through other sources of funding; and

added “(A) the Administrator determines, based on affordability criteria established by the State under section 1452(d)(3), to be a disadvantaged community; and

“(B) proposes to—

“(i) carry out a lead reduction project at a public water system or nontransient noncommunity water system that has exceeded the lead action level established by the Administrator at any time during the 3-year period preceding the date of submission of the application of the eligible entity;

“(ii) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or another vulnerable human subpopulation; or

“(iii) address such priority criteria as the Administrator may establish, consistent with the goal of reducing lead levels of concern.

“(4) Cost sharing

“(A) In general—Subject to subparagraph (B), the non-Federal share of the total cost of a project funded by a grant under this subsection shall be not less than 20 percent.

“(B) Waiver—The Administrator may reduce or eliminate the non-Federal share under subparagraph (A) for reasons of affordability, as the Administrator determines to be appropriate.

“(5) Low-income assistance

“(A) In general—Subject to subparagraph (B), an eligible entity may use a grant provided under this subsection to provide assistance to low-income homeowners to carry out lead reduction projects.

“(B) Limitation—The amount of a grant provided to a low-income homeowner under this paragraph shall not exceed the cost of replacement of the privately owned portion of the service line.

“(6) Special consideration for lead service line replacement—In carrying out lead service line replacement using a grant under this subsection, an eligible entity shall—

“(A) notify customers of the replacement of any publicly owned portion of the lead service line;

“(B) in the case of a homeowner who is not low-income, offer to replace the privately owned portion of the lead service line at the cost of replacement;

“(C) in the case of a low-income homeowner, offer to replace the privately owned portion of the lead service line and any pipes, fitting, and fixtures that contain lead at a cost that is equal to the difference between—

“(i) the cost of replacement; and

“(ii) the amount of low-income assistance available to the homeowner under paragraph (5);

“(D) notify each customer that a planned replacement of any publicly owned portion of a lead service line that is funded by a grant made under this subsection will not be carried out unless the customer agrees to the simultaneous replacement of the privately owned portion of the lead service line; and

“(E) demonstrate that the eligible entity has considered multiple options for reducing lead in drinking water, including an evaluation of options for corrosion control.

“(c) Authorization of appropriations—There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2017 through 2021.”

changed “222. Technical assistance for small and medium treatment works

“(a) Definitions—In this section:

changed “(1) Qualified nonprofit technical assistance provider—The Medium treatment works—The term qualified nonprofit technical assistance provider medium treatment works means a nonprofit organization that, as determined by the Administrator—publicly owned treatment works serving not fewer than 10,001 and not more than 100,000 individuals.

added “(2) Qualified nonprofit medium treatment works technical assistance provider—The term qualified nonprofit medium treatment works technical assistance provider means a qualified nonprofit technical assistance provider of water and wastewater services to medium-sized communities that provides technical assistance (including circuit rider technical assistance programs, multi-State, regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of medium treatment works, which may include State agencies.

added “(3) Qualified nonprofit small treatment works technical assistance provider—The term qualified nonprofit small treatment works technical assistance provider means a nonprofit organization that, as determined by the Administrator—

“(A) is the most qualified and experienced in providing training and technical assistance to small treatment works; and

“(B) the small treatment works in the State finds to be the most beneficial and effective.

removed “(2) Small treatment works—The term small treatment works means a publicly owned treatment works serving not more than 10,000 individuals.

removed “(b) Technical assistance—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit technical assistance providers to provide to owners and operators of small treatment works onsite technical assistance, circuit-rider technical assistance programs, multistate, regional technical assistance programs, and onsite and regional training, to assist the treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects.

changed “(c) Authorization of appropriations—There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2017 through 2021.”“(4) Small treatment works—The term small treatment works means a publicly owned treatment works serving not more than 10,000 individuals.

added “(b) Technical assistance—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers and grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of small and medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training, to assist the treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects.

added “(c) Authorization of appropriations—There are authorized to be appropriated to carry out this section—

added “(1) for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 2017 through 2021; and

added “(2) for grants for medium treatment works technical assistance, $10,000,000 for each of fiscal years 2017 through 2021.”

changed “(e) Additional use of funds—A State may use an additional 2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers and qualified nonprofit medium treatment works technical assistance providers (as those terms are defined in section 222) to provide technical assistance to public water systems serving not more than 10,000 individuals small treatment works and medium treatment works in the State.”

“(s) Integrated plan permits

“(1) Definitions—In this subsection:

changed “(A) 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 evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.

“(B) Integrated plan—The term integrated plan has the meaning given in Part III of the Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the Environmental Protection Agency and dated May 2012.

“(C) Municipal discharge

changed “(i) In general—The term municipal discharge means a discharge from a treatment works (as defined in section 212) or a discharge from a municipal storm sewer under subsection (p).subsection(p).

“(ii) Inclusion—The term municipal discharge includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is covered by the same permit issued under this section.

“(2) Integrated plan

“(A) In general—The Administrator (or a State, in the case of a permit program approved under subsection (b)) shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan.

“(B) Scope of permit incorporating integrated plan—A permit issued under this subsection 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

“(v) a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load.

“(3) Compliance schedules

“(A) In general—A permit for a municipal discharge by a municipality 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 compliance schedules are authorized by State water quality standards.

“(B) Inclusion—Actions subject to a compliance schedule under subparagraph (A) may include green infrastructure if implemented as part of a water quality-based effluent limitation.

“(C) Review—A schedule of compliance may be reviewed each time the permit is renewed.

“(4) 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 (as in effect on the date of enactment of this subsection), subject to the approval of the Administrator under section 303(c).

“(5) 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 the Water Resources Development Act of 2016 resolving an enforcement action under this Act, any schedule of compliance issued pursuant to an authorization in a State water quality standard shall not revise or otherwise affect a schedule of compliance in that order or decree unless the order or decree is modified by agreement of the parties and the court.”

“(h) Implementation of integrated plans through enforcement tools

“(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 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.”

Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended—

“519. Environmental protection agency green infrastructure promotion

“(a) In general—The Administrator shall ensure that the Office of Water, the Office of Enforcement and Compliance Assurance, the Office of Research and Development, and the Office of Policy of the Environmental Protection Agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into, permitting programs, planning efforts, research, technical assistance, and funding guidance.

“(b) Duties—The Administrator shall ensure that the Office of Water—

“(1) promotes the use of green infrastructure in the programs of the Environmental Protection Agency; and

“(2) coordinates efforts to increase the use of green infrastructure with—

“(A) other Federal departments and agencies;

“(B) State, tribal, and local governments; and

“(C) 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 that includes—

“(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.

changed “(d) Green infrastructure information-Sharing—The information-sharing—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;

“(2) protecting water resources;

“(3) complying with regulatory requirements; and

“(4) achieving other environmental, public health, and community goals.”

changed Section 5014 5014(c) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201 note; Public Law 113–121) is amended—amended by striking “Any activity undertaken under this section is authorized only to the extent” and inserting “Nothing in this section obligates the Secretary to expend funds unless”.

“(A) In general—Except as provided in subparagraph (B), the Secretary”

“(B) Financing fees—On request of a community with a population of not more than 10,000 individuals, the Secretary or the Administrator, as applicable, shall allow the fees under subparagraph (A) to be financed as part of the loan.”

changed “(10) Credit—Any eligible project costs incurred and the value of any integral in-kind contributions made before receipt of assistance under this subtitle shall be credited toward the 51 percent of project costs to be provided by sources of funding other than a secured loan under this subtitle (as described in paragraph (2)(A)).”(2)(A).”

“C Innovative financing projects”

“5034. Reports on program implementation”