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Title II — Clean water

S. 3591 · 116th Congress · May 4, 2020 · Lineage

II Clean water

2001. Clean water infrastructure resiliency and sustainability program

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:

“222. Clean water infrastructure resiliency and sustainability program

“(a) Definitions—In this section:

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

“(A) a municipality; or

“(B) an intermunicipal, interstate, or State agency.

“(2) Natural hazard—The term natural hazard means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions.

“(3) Program—The term program means the clean water infrastructure resilience and sustainability program established under subsection (b).

“(b) Establishment—Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard.

“(c) Use of funds—An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard through—

“(1) the conservation of water;

“(2) the enhancement of water use efficiency;

“(3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of—

“(A) natural and engineered green infrastructure; and

“(B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones;

“(4) the modification or relocation of an existing publicly owned treatment works that is at risk of being significantly impaired or damaged by a natural hazard;

“(5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard; or

“(6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater.

“(d) Application—To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including—

“(1) a proposal of the project to be planned, designed, or constructed using funds under the program;

“(2) an identification of the natural hazard risk to be addressed by the proposed project;

“(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located;

“(4) a description of any recent natural hazard events that have affected the publicly owned treatment works;

“(5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard; and

“(6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to an anticipated natural hazard.

“(e) Grant amount and other federal requirements

“(1) Cost share—A grant under the program shall not exceed 75 percent of the total cost of the proposed project.

“(2) Requirements—The requirements of section 608 shall apply to a project funded with a grant under the program.

“(f) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2024.

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

2002. Increased funding for technical assistance

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)”; and
(2)
in paragraph (7)—
(A)
by striking “2023” and inserting “2020”; and
(B)
by striking the period at the end and inserting “; and (8) not to exceed $75,000,000 for each of fiscal years 2021 through 2024 for carrying out subsections (b)(3), (b)(8), and (g), of which not less than $50,000,000 each year shall be used to carry out subsection (b)(8).”.

2003. Small and medium publicly owned treatment works circuit rider program

Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 2001) is amended by adding at the end the following:

“223. Small and medium publicly owned treatment works circuit rider program

“(a) Establishment—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish a circuit rider program (referred to in this section as the “circuit rider program”) under which the Administrator shall award grants to qualified nonprofit entities, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works to carry out the activities described in section 602(b)(13).

“(b) Limitation—A grant provided under the circuit rider program shall be in an amount that is not more than $75,000.

“(c) Report—Not later than 180 days after the date on which the Administrator establishes the circuit rider program, and every 180 days thereafter, the Administrator shall submit to Congress a report describing—

“(1) each recipient of a grant under the circuit rider program; and

“(2) a summary of the activities carried out under the circuit rider program.

“(d) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2021 through 2024.

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

2004. Small publicly owned treatment works efficiency grant program

Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 2003) is amended by adding at the end the following:

“224. Small publicly owned treatment works efficiency grant program

“(a) Establishment—Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish an efficiency grant program (referred to in this section as the “efficiency grant program”) under which the Administrator shall award grants to eligible entities for the replacement or repair of equipment that improves water or energy efficiency of small publicly owned treatment works, as identified in an efficiency audit.

“(b) Eligible entities—The Administrator may award a grant under the efficiency grant program to an owner or operator of a small publicly owned treatment works that serves—

“(1) a population of not more than 10,000 people; or

“(2) a disadvantaged community.

“(c) Report—Not later than 180 days after the date on which the Administrator establishes the efficiency grant program, and every 180 days thereafter, the Administrator shall submit to Congress a report describing—

“(1) each recipient of a grant under the efficiency grant program; and

“(2) a summary of the activities carried out under the efficiency grant program.

“(d) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2024, to remain available until expended.

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

2005. Wastewater efficiency grant pilot program

(a)
Definitions— In this section:
(1)
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
(2)
Pilot program— The term pilot program means the wastewater efficiency grant pilot program established under subsection (b).
(3)
Treatment works— The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
(b)
Establishment— Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems.
(c)
Selection—
(1)
Applications— To be eligible to receive a grant under the pilot program, an owner or operator of a treatment works shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(2)
Number of recipients— The Administrator shall select not more than 15 recipients of grants under the pilot program from applications submitted under paragraph (1).
(d)
Use of funds—
(1)
In general— Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for—
(A)
sludge collection;
(B)
installation of anaerobic digesters;
(C)
methane capture;
(D)
methane transfer;
(E)
facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and
(F)
other new and emerging, but proven, technologies that transform waste to energy.
(2)
Limitation— A grant to a recipient under the pilot program shall be not more than $4,000,000.
(e)
Reports—
(1)
Report to the Administrator— Not later than 1 year after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (f), the recipient of the grant shall submit to the Administrator a report describing the impact of that project on the communities within 3 miles of the treatment works.
(2)
Report to Congress— Not later than 1 year after first awarding grants under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (f), the Administrator shall submit to Congress a report describing—
(A)
the applications received by the Administrator for grants under the pilot program; and
(B)
the projects for which grants were awarded under the pilot program.
(f)
Authorization of appropriations—
(1)
In general— There is authorized to be appropriated to carry out the pilot program $17,500,000 for each of fiscal years 2021 and 2022, to remain available until expended.
(2)
Limitation on use of funds— Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.

2006. Pilot program for alternative water source projects

Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended—
(1)
in subsection (b), in the heading, by striking “In General” and inserting “Establishment”;
(2)
in subsection (d)—
(A)
by striking paragraph (2); and
(B)
by redesignating paragraph (3) as paragraph (2);
(3)
by striking subsection (e);
(4)
in subsection (i)—
(A)
in the matter preceding paragraph (1), by striking “, the following definitions apply”; and
(B)
in paragraph (1), in the first sentence, by striking “water or wastewater or by treating wastewater” and inserting “water, wastewater, or stormwater or by treating wastewater or stormwater”;
(5)
in subsection (j)—
(A)
in the first sentence, by striking “There is” and inserting the following:

“(1) In general—There is”

(B)
in paragraph (1) (as so designated), by striking “a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall” and inserting “$25,000,000 for each of fiscal years 2022 through 2024, to”; and
(C)
by adding at the end the following:

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

(6)
by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order.

2007. 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 (a)(1) —
(A)
in subparagraph (A), by striking “and” at the end;
(B)
by redesignating subparagraph (B) as subparagraph (C); and
(C)
by inserting after subparagraph (A) the following:

“(B) notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters; and”

(2)
in subsection (f)—
(A)
in paragraph (1)—
(i)
by striking “There is” and inserting “There are”;
(ii)
by striking the period at the end and inserting “; and”;
(iii)
by striking “this section $225,000,000” and inserting the following:

“(A) $225,000,000”

(iv)
by adding at the end the following:

“(B) $250,000,000 for each of fiscal years 2021 and 2022.”

(B)
in paragraph (2)—
(i)
by striking “To the extent” and inserting the following:

“(A) Green infrastructure—To the extent”

(ii)
by adding at the end the following:

“(B) Rural allocation

“(i) Definition of rural area—In this subparagraph, the term rural area means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.

“(ii) Allocation—To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 15 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural areas for the purpose of planning, design, and construction of—

“(I) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or

“(II) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c).”

2008. Water infrastructure and workforce investment

Section 4304 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–19e) is amended—
(1)
in subsection (a)(3)(B), by inserting “and public works departments and agencies” after “organizations”;
(2)
in subsection (b)—
(A)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A), by striking “institutions—” and inserting “institutions, or public works departments and agencies—”; and
(ii)
in subparagraph (A)(ii), by inserting “for entities that are not public works departments and agencies,” before “working”; and
(B)
in paragraph (4), by striking “$1,000,000 for each of fiscal years 2019 and 2020” and inserting “$2,000,000 for each of fiscal years 2021 through 2024”;
(3)
by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and
(4)
by inserting before subsection (b) (as so redesignated) the following:

“(a) Definition of public works department or agency—In this section, the term public works department or agency means a political subdivision of a local, county, or regional government that designs, builds, operates, and maintains water infrastructure, sewage and refuse disposal systems, and other public water systems and facilities.”

2009. Water Resources Research Act amendments

(a)
Clarification of research activities— Section 104(b)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is amended—
(1)
in subparagraph (B)(ii), by striking “water-related phenomena” and inserting “water resources”; and
(2)
in subparagraph (D), by striking the period at the end and inserting “; and”.
(b)
Compliance report— Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and inserting the following:

“(c) Grants

“(1) In general—From the sums appropriated pursuant to subsection (f) of this section, the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar.

“(2) Report—Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year.”

(c)
Evaluation of water resources research program— Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (e) and inserting the following:

“(e) Evaluation of water resources research program

“(1) In general—The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine—

“(A) the quality and relevance of the water resources research of the institute;

“(B) the effectiveness of the institute at producing measured results and applied water supply research; and

“(C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section.

“(2) Prohibition on further support—If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary.”

(d)
Authorization of appropriations— Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by striking “$12,000,000 for each of fiscal years 2007 through 2011” and inserting “$8,250,000 for each of fiscal years 2021 through 2024”.
(e)
Additional appropriations where research focused on water problems of interstate nature— Section 104(g)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first sentence by striking “$6,000,000 for each of fiscal years 2007 through 2011” and inserting “$1,750,000 for each of fiscal years 2021 through 2024”.

2010. Grants for construction, refurbishing, and servicing of individual household decentralized wastewater systems for individuals with low or moderate income

Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 2004) is amended by adding at the end the following:

“225. Grants for construction, refurbishing, and servicing of individual household decentralized wastewater systems for individuals with low or moderate income

“(a) Definition of eligible individual—In this section, the term eligible individual means a member of a household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census.

“(b) Grant program

“(1) In general—Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of providing assistance to eligible individuals who reside in the mid-Atlantic, the southeast, and the Appalachian regions of the United States, in accordance with subsection (c).

“(2) Application—To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate.

“(3) Priority—In awarding grants under this subsection, the Administrator shall give priority to applicants that have substantial expertise and experience in promoting the safe and effective use of individual household decentralized wastewater systems.

“(4) Administrative expenses—A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in subsection (c)(1), as the Administrator determines to be appropriate.

“(c) Assistance

“(1) In general—Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the construction, refurbishing, and servicing of individual household decentralized waste systems for eligible individuals.

“(2) Public utility connection available

“(A) In general—In any case in which an eligible individual who submits to a private nonprofit organization an application for the services described in paragraph (1) resides in a household that could be connected to an available public wastewater utility, the private nonprofit organization shall conduct a cost analysis to determine whether establishing such a connection would be a more cost-effective use of funds, as compared to the services described in paragraph (1).

“(B) Use of funds—If a cost analysis under subparagraph (A) demonstrates that the connection of the applicable household to a public wastewater utility is more cost-effective than the services described in paragraph (1) with respect to the household, the eligible individual may use amounts received from the private nonprofit organization to establish the connection.

“(3) Application—To be eligible to receive the services described in paragraph (1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such information as the private nonprofit organization determines to be appropriate.

“(4) Priority—In awarding subgrants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system.

“(d) 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 under the program under this section and the results of the program under this section.

“(e) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to the Administrator to carry out this section $15,000,000 for each of fiscal years 2021 and 2022.

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

2011. Connection to publicly owned treatment works

Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 2010) is amended by adding at the end the following:

“226. Connection to publicly owned treatment works

“(a) Definitions—In this section:

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

“(A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist individuals with connecting the household of the individual to the publicly owned treatment works; or

“(B) a nonprofit entity that assists individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works.

“(2) Program—The term program means the competitive grant program established under subsection (b).

“(3) Qualified individual—The term qualified individual has the meaning given the term “eligible individual” in section 603(j).

“(b) Establishment—Subject to the availability of appropriations, the Administrator shall establish a competitive grant program under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works.

“(c) Application

“(1) In general—An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require.

“(2) Requirement—Not later than 90 days after the date on which the Administrator receives an application from an eligible entity under paragraph (1), the Administrator shall notify the eligible entity of whether the Administrator will award a grant to the eligible entity under the program.

“(d) Selection criteria—In selecting recipients of grants under the program, the Administrator shall use the following criteria:

“(1) Whether the eligible entity seeking a grant provides services to, or works directly with, qualified individuals.

“(2) Whether the eligible entity seeking a grant—

“(A) has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works; or

“(B) seeks to create a program described in subparagraph (A).

“(e) Requirements

“(1) Voluntary connection—Before providing funds to a qualified individual for the costs described in subsection (b), an eligible entity shall ensure that—

“(A) the qualified individual has connected to the publicly owned treatment works voluntarily; and

“(B) if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment works to which the qualified individual has connected has agreed to the connection.

“(2) Reimbursements from publicly owned treatment works—An eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection (b) by—

“(A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator; or

“(B) providing a direct payment to the qualified individual.

“(f) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2021 and 2022.

“(2) Limitation on use of funds—Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.”

2012. Use of clean water State revolving loan funds

(a)
In general— Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended—
(1)
in subsection (d), in the matter preceding paragraph (1), by inserting “and provided in subsection (l)” after “State law”; and
(2)
by adding at the end the following:

“(k) Required subsidies

“(1) In general—Notwithstanding any other provision of this title, to the extent that there are sufficient applications from eligible recipients, and subject to paragraph (3), a State shall use not less than 10 percent of a capitalization grant to the State under this title to provide the additional subsidies described in paragraph (2) to eligible recipients under subsection (d) if the additional subsidies described in that paragraph are used—

“(A) as initial financing for the eligible recipient; or

“(B) to buy, refinance, restructure, or forgive the debt obligations of the eligible recipient, if the debt obligation was incurred on or after the date of enactment of this subsection.

“(2) Additional subsidies described—The additional subsidies referred to in paragraph (1) are—

“(A) forgiveness of principal of loans owed to the State water pollution control revolving fund of the State;

“(B) negative interest loans;

“(C) grants; or

“(D) a combination of the subsidies described in subparagraphs (A) through (C).

“(3) Applicability—The authority of a State to provide additional subsidization under this subsection shall apply to amounts received by the State in capitalization grants under this title for fiscal years beginning after September 30, 2020.

“(l) Additional use of funds—A State may use an additional 2 percent of the funds annually allotted to each State under this section for nonprofit organizations (as defined in section 104(w)) to provide technical assistance to rural, small, and tribal publicly owned treatment works (within the meaning of section 104(b)(8)(B)) in the State.”

(b)
Technical amendment— Section 104(w) of the Federal Water Pollution Control Act (33 U.S.C. 1254(w)) is amended by striking “treatments works” and inserting “treatment works”.

2013. Water data sharing pilot program

(a)
Establishment—
(1)
In general— Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall establish a competitive grant pilot program (referred to in this section as the pilot program) under which the Administrator may award grants to eligible entities under subsection (b) to establish systems that improve the sharing of information concerning water quality, water infrastructure needs, and water technology between States or among counties and other units of local government within a State, which may include—
(A)
establishing a website or data hub to exchange water data, including data on water quality or water technology, including new and emerging, but proven, water technology; and
(B)
intercounty communications initiatives related to water data.
(2)
Requirements—
(A)
Data sharing— The Internet of Water principles developed by the Nicholas Institute for Environmental Policy Solutions shall, to the extent practicable, guide any water data sharing efforts under the pilot program.
(B)
Use of existing data— The recipient of a grant under the pilot program to establish a website or data hub described in paragraph (1)(A) shall, to the extent practicable, leverage existing data sharing infrastructure.
(b)
Eligible entities— An entity eligible for a grant under the pilot program is—
(1)
a State, county, or other unit of local government that—
(A)
has a coastal watershed with significant pollution levels;
(B)
has a water system with significant pollution levels; or
(C)
has significant individual water infrastructure deficits; or
(2)
a regional consortium established under subsection (d).
(c)
Applications— To be eligible to receive a grant under the pilot program, an eligible entity under subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
(d)
Regional consortia—
(1)
Establishment— States may establish regional consortia in accordance with this subsection.
(2)
Requirements— A regional consortium established under paragraph (1) shall—
(A)
include not fewer than 2 States that have entered into a memorandum of understanding—
(i)
to exchange water data, including data on water quality; or
(ii)
to share information, protocols, and procedures with respect to projects that evaluate, demonstrate, or install new and emerging, but proven, water technology;
(B)
carry out projects—
(i)
to exchange water data, including data on water quality; or
(ii)
that evaluate, demonstrate, or install new and emerging, but proven, water technology; and
(C)
develop a regional intended use plan, in accordance with paragraph (3), to identify projects to carry out, including projects using grants received under this section.
(3)
Regional intended use plan— A regional intended use plan of a regional consortium established under paragraph (1)—
(A)
shall identify projects that the regional consortium intends to carry out, including projects that meet the requirements of paragraph (2)(B); and
(B)
may include—
(i)
projects included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium; and
(ii)
projects not included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium.
(e)
Funding—
(1)
Authorization of appropriations— There is authorized to be appropriated to carry out the pilot program $15,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.
(2)
Requirement— Of the funds made available under paragraph (1), not more than 35 percent may be used to provide grants to regional consortia established under subsection (d).

2014. Water infrastructure financing reauthorization

Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912) is amended—
(1)
in subsection (a), by adding at the end the following:

“(3) Fiscal years 2022 through 2024—There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2024, to remain available until expended.”

(2)
in subsection (b)(2)—
(A)
in the paragraph heading, by striking “2020 and 2021” and inserting “after 2019”; and
(B)
by striking “2020 and 2021” and inserting “2022 through 2024”; and
(3)
in subsection (e)(1), by striking “2020 and 2021” and inserting “2022 through 2024”.

2015. Final rating opinion letters

Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by striking “final rating opinion letters from at least 2 rating agencies” and inserting “a final rating opinion letter from at least 1 rating agency”.

2016. Reauthorization of clean water State revolving funds

Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended—
(1)
in the matter preceding paragraph (1), by striking “There is” and inserting “There are”; and
(2)
by striking paragraphs (1) through (5) and inserting the following:

“(1) $2,000,000,000 for fiscal year 2022;

“(2) $2,500,000,000 for fiscal year 2023; and

“(3) $3,000,000,000 for fiscal year 2024.”

2017. Wastewater infrastructure discretionary grant program

(a)
Establishment— Subject to the availability of appropriations, not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall establish a wastewater discretionary grant program (referred to in this section as the program) to provide grants, on a competitive basis, to eligible entities described in subsection (b) for investments in wastewater infrastructure projects.
(b)
Eligible entities— An entity eligible to receive a grant under the program is—
(1)
a Federal, State, interstate, intermunicipal, or local governmental entity, agency, or instrumentality;
(2)
a Tribal government or consortium of Tribal governments;
(3)
a State infrastructure financing authority; and
(4)
a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).
(c)
Eligible projects—
(1)
In general— A project eligible to be carried out with funds under the program includes—
(A)
1 or more activities described in section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)); and
(B)
any other wastewater infrastructure project that the Administrator determines to appropriate.
(2)
Other Federal funds— Notwithstanding any other provision of law, a project otherwise eligible under paragraph (1) shall not be ineligible for funding because the project also received assistance—
(A)
from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
(B)
from a State water pollution control revolving fund established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); or
(C)
under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.).
(d)
Application—
(1)
In general— To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application in such manner and containing such information as the Administrator may require.
(2)
Bundling of projects— An eligible entity may include more than 1 project in a single application.
(3)
Deadline— An application shall be submitted to the Administrator not later than 180 days after the date on which the notice of funding opportunity and the selection criteria are issued under subsection (e)(1)(B).
(e)
Selection—
(1)
Criteria—
(A)
In general— The Administrator shall establish criteria in accordance with this subsection to use in selecting projects to receive a grant under the program.
(B)
Publication— Not later than 90 days after the date on which funds are made available to carry out the program for each fiscal year, the Administrator shall—
(i)
issue a notice of funding opportunity for the program; and
(ii)
include in the notice the selection criteria established under subparagraph (A).
(2)
Priority— In selecting projects to receive a grant under the program, the Administrator shall give priority to projects—
(A)
for which a Federal grant would assist in completing an overall financing package for the project; and
(B)
that would help bring publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)) into compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3)
Geographical distribution— For each fiscal year, in providing grants under the program, the Administrator shall ensure that the funds are distributed—
(A)
on an equitable geographical basis; and
(B)
in a manner that balances the needs of urban, suburban, and rural communities.
(4)
Deadline— Not later than 18 months after the date on which funds are made available to carry out the program for each fiscal year, the Administrator shall select projects to receive grants under the program.
(f)
Requirements—
(1)
Total State limit— For each fiscal year, the total amount provided under the program for projects in a single State shall not exceed 20 percent of the total amount made available to carry out the program.
(2)
Federal share—
(A)
In general— Subject to subparagraph (B), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent.
(B)
Waiver— The Administrator may waive the requirement of subparagraph (A).
(g)
Regulations— The Administrator may promulgate such regulations as may be necessary to carry out this section.
(h)
Labor standards— Notwithstanding any other provision of law, the Administrator may not provide a grant under the program for a project unless the project meets the requirements described in section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372).
(i)
Reports— Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress and make publicly available a report on the implementation of the program.
(j)
Funding—
(1)
Authorization of appropriations— There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2024.
(2)
Availability— Funds made available to carry out this section shall be available until expended.
(3)
Administrative costs— Not more than 2 percent of the amount made available for a fiscal year under paragraph (1) may be used by the Administrator for the administrative costs of carrying out the program.

2018. Small and disadvantaged community analysis

(a)
Analysis— Not later than 1 year after the date of enactment of this Act, using environmental justice data of the Environmental Protection Agency, including data from the environmental justice mapping and screen tool of the Environmental Protection Agency, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall carry out an analysis under which the Administrator shall assess the programs under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to improve on the distribution of funds under those programs to low-income communities, rural communities, minority communities, and communities of indigenous peoples, in accordance with Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating to Federal actions to address environmental justice in minority populations and low-income populations).
(b)
Report— On completion of the analysis under subsection (a), the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives a report describing—
(1)
the results of the analysis; and
(2)
the criteria the Administrator used in carrying out the analysis.

2019. Stormwater infrastructure technology

(a)
Definitions— In this section:
(1)
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
(2)
Center— The term center means a center of excellence for stormwater control infrastructure established under subsection (b)(1).
(3)
Eligible entity— The term eligible entity means—
(A)
a State, Tribal, or local government; or
(B)
a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure.
(4)
Eligible institution— The term eligible institution means an institution of higher education, a research institution, or a nonprofit organization that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure.
(b)
Centers of Excellence for stormwater control infrastructure—
(1)
Establishment of centers—
(A)
In general— Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for new and emerging stormwater control infrastructure, to be located in various regions throughout the United States.
(B)
General operation— Each center shall—
(i)
conduct research on new and emerging stormwater control infrastructure that is relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, alternative funding approaches, and other environmental, economic, and social benefits;
(ii)
maintain a listing of—
(I)
stormwater control infrastructure needs; and
(II)
an analysis of new and emerging stormwater control infrastructure that is available;
(iii)
analyze whether additional financial programs for the implementation of new and emerging, but proven, stormwater control infrastructure would be useful;
(iv)
provide information regarding research conducted under clause (i) to the national electronic clearinghouse center for publication on the internet website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, and local governments and the private sector information regarding new and emerging, but proven, stormwater control infrastructure;
(v)
provide technical assistance to State, Tribal, and local governments to assist with the construction, operation, and maintenance of stormwater control infrastructure projects;
(vi)
collaborate with institutions of higher education and private and public organizations, including community-based public-private partnerships, in the geographical region in which the center is located; and
(vii)
coordinate with the other centers to avoid duplication of efforts.
(2)
Application— To be eligible to receive a grant under this subsection, an eligible institution shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require.
(3)
National electronic clearinghouse center— Of the centers established under paragraph (1)(A), 1 shall—
(A)
be designated as the “national electronic clearinghouse center”; and
(B)
in addition to the other functions of that center—
(i)
develop, operate, and maintain an internet website and a public database that contains information relating to new and emerging, but proven, stormwater control infrastructure; and
(ii)
post to the website information from all centers.
(4)
Authorization of appropriations—
(A)
In general— There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 and 2023.
(B)
Limitation on use of funds— Of the amounts made available for grants under subparagraph (A), not more than 2 percent may be used to pay the administrative costs of the Administrator.
(c)
Stormwater control infrastructure project grants—
(1)
Grant authority— Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technology in accordance with this subsection.
(2)
Stormwater control infrastructure projects—
(A)
Planning and development grants— The Administrator may make planning and development grants under this subsection for the following projects:
(i)
Planning and designing stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technology, including engineering surveys, landscape plans, maps, and implementation plans.
(ii)
Identifying and developing standards necessary to accommodate stormwater control infrastructure projects, including those projects that incorporate new and emerging, but proven, stormwater control technology.
(iii)
Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of stormwater control infrastructure, including new and emerging, but proven, stormwater control infrastructure.
(iv)
Developing approaches for community-based public-private partnerships for the financing and construction of stormwater control infrastructure, including feasibility studies, stakeholder outreach, and needs assessments.
(v)
Developing training and educational materials regarding new and emerging, but proven, stormwater control infrastructure for distribution to—
(I)
individuals and entities with applicable technical knowledge; and
(II)
the public.
(B)
Implementation grants— The Administrator may make implementation grants under this subsection for the following projects:
(i)
Installing new and emerging, but proven, stormwater control infrastructure.
(ii)
Protecting or restoring interconnected networks of natural areas that protect water quality.
(iii)
Monitoring and evaluating the environmental, economic, or social benefits of stormwater control infrastructure that incorporate new and emerging, but proven, stormwater control technology.
(iv)
Implementing a best practices standard for stormwater control infrastructure programs.
(3)
Application— Except as otherwise provided in this section, to be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable—
(A)
a description of the stormwater control infrastructure project that incorporates new and emerging, but proven, technology;
(B)
a plan for monitoring the impacts of the stormwater control infrastructure project on the water quality and quantity;
(C)
an evaluation of other environmental, economic, and social benefits of the stormwater control infrastructure project; and
(D)
a plan for the long-term operation and maintenance of the stormwater control infrastructure project and a tracking system, such as asset management practices.
(4)
Priority— In making grants under this subsection, the Administrator shall give priority to applications submitted on behalf of—
(A)
a community that—
(i)
has combined storm and sanitary sewers in the collection system of the community; or
(ii)
is a small, rural, or disadvantaged community, as determined by the Administrator; or
(B)
an eligible entity that will use not less than 15 percent of the grant to provide service to a small, rural, or disadvantaged community, as determined by the Administrator.
(5)
Maximum amounts—
(A)
Planning and development grants—
(i)
Single grant— The amount of a single planning and development grant provided under this subsection shall be not more than $200,000.
(ii)
Aggregate amount— The total amount of all planning and development grants provided under this subsection for a fiscal year shall be not more than 1/3 of the total amount made available to carry out this subsection.
(B)
Implementation grants—
(i)
Single grant— The amount of a single implementation grant provided under this subsection shall be not more than $2,000,000.
(ii)
Aggregate amount— The total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than 2/3 of the total amount made available to carry out this subsection.
(6)
Federal share—
(A)
In general— Except as provided in subparagraph (C), the Federal share of a grant provided under this subsection shall not exceed 65 percent of the total project cost.
(B)
Credit for implementation grants— The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this subsection the cost of planning, design, and construction work completed for the project using funds other than funds provided under this section.
(C)
Exception— The Administrator may waive the Federal share limitation under subparagraph (A) for an eligible entity that has adequately demonstrated financial need.
(d)
Report to Congress— Not later than 1 year after the date on which the Administrator first awards a grant under this section, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report—
(1)
a description of all grants provided under this section;
(2)
a detailed description of—
(A)
the projects supported by those grants; and
(B)
the outcomes of those projects;
(3)
a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section;
(4)
recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, including research into new and emerging technologies, for the centers, grants, and activities under this section; and
(5)
a description of existing challenges concerning the use of new and emerging, but proven, stormwater control infrastructure.
(e)
Authorization of appropriations—
(1)
In general— There is authorized to be appropriated to carry out this section (except for subsection (b)) $10,000,000 for each of fiscal years 2022 and 2023.
(2)
Limitation on use of funds— Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.