S. 914 — what changed
Drinking Water and Wastewater Infrastructure Act of 2021
From Reported in Senate to Engrossed in Senate. 28 sections amended and 6 added between Reported in Senate and Engrossed in Senate.
Sec. 101 Technical assistance and grants for emergencies affecting public water systems
Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j–1) is amended—
added “(11) Compliance evaluation
added “(A) In general—Not later than 1 year after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall—
added “(i) evaluate, based on the compliance data found in the Safe Drinking Water Information System of the Administrator, the compliance of community water systems and wastewater systems with environmental, health, and safety requirements under this title, including water quality sampling, testing, and reporting requirements; and
added “(ii) submit to Congress a report describing trends seen as a result of the evaluation under clause (i), including trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to trends in compliance or noncompliance with the requirements described in that clause.
added “(B) Requirement—To the extent practicable, in carrying out subparagraph (A), the Administrator shall determine whether, in aggregate, community water systems and wastewater systems maintain asset management plans.”
“(d) Authorization of appropriations—There is authorized to be appropriated to carry out subsection (b) $35,000,000 for each of fiscal years 2022 through 2026.”
“(5) Authorization of appropriations—There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.”
added “(f) State-based nonprofit organizations
added “(1) In general—The Administrator may provide technical assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems.
added “(2) Communication—Each State-based nonprofit organization that receives funding under paragraph (1) shall, before using that funding to undertake activities to carry out this subsection, consult with the State in which the assistance is to be expended or otherwise made available.”
removed
“(f) State-Based nonprofit organizations—The Administrator may provide technical assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems.”
Sec. 102 Drinking water State revolving loan funds
“(D) $2,400,000,000 for fiscal year 2022;
“(E) $2,750,000,000 for fiscal year 2023;
“(F) $3,000,000,000 for fiscal year 2024; and
“(G) $3,250,000,000 for each of fiscal years 2025 and 2026.”
added “(A) In general—Notwithstanding any”
added “(B) Exclusion—A loan from a State loan fund with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subsection.”
“(B) to the extent that there are sufficient applications for loans to communities described in paragraph (1), may not be less than 12 percent.”
Sec. 104 Assistance for small and disadvantaged communities
changed
“(D) the purchase of point-of-entry or point-of-use filters and filtration systems that are independently certified by a third party using science-based test methods for the removal of contaminants of concern;
“(E) investments necessary for providing accurate and current information about—
“(i) the need for filtration and filter safety, including proper use and maintenance practices; and
“(ii) the options for replacing lead service lines (as defined section 1459B(a)) and removing other sources of lead in water; and
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“(F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise expertise, to assist underserved communities.assist—
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“(3) Contracting parties—A contract described in paragraph (2)(F) may be between a nonprofit organization described in that paragraph and—“(i) an eligible entity; or
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“(A) “(ii) the State of an eligible entity; orentity, on behalf of that eligible entity.”
removed
“(B) the State of an eligible entity, on behalf of that eligible entity.”
“(k) Authorization of appropriations—There are authorized to be appropriated to carry out subsections (a) through (j)—
changed
“(1) $60,000,000 $70,000,000 for fiscal year 2022;
“(2) $80,000,000 for fiscal year 2023;
“(3) $100,000,000 for fiscal year 2024;
“(4) $120,000,000 for fiscal year 2025; and
“(5) $140,000,000 for fiscal year 2026.”
“(5) Federal share for small, rural, and disadvantaged communities
“(A) In general—Subject to subparagraph (B), with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or project shall be 90 percent.
“(B) Waiver—The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.”
“(m) Connection to public water systems
“(1) Definitions—In this subsection:
“(A) Eligible entity—The term eligible entity means—
“(i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or
“(ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system.
“(B) Eligible individual—The term eligible individual has the meaning given the term in section 603(j) of the Federal Water Pollution Control Act (33 U.S.C. 1383(j)).
“(C) Program—The term program means the competitive grant program established under paragraph (2).
“(2) Establishment—Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system.
“(3) Application—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 require.
changed
“(4) Criteria—In selecting recipients Voluntary connection—Before providing funds to an eligible individual for grants under the program, costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator shall consider—that—
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“(A) how public health would improve by awarding a grant to a particular eligible entity;
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“(B) the environmental implications of awarding a grant to a particular eligible entity;
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“(C) whether it is economically feasible for an eligible entity to provide the assistance described in paragraph (2); and
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“(D) whether it is technically feasible for an eligible entity to provide the assistance described in paragraph (2).
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“(5) Voluntary connection—Before providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that—
“(A) the eligible individual is voluntarily seeking connection to the public water system;
“(B) if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect, the public water system to which the eligible individual seeks to connect has agreed to the connection; and
“(C) the connection of the household of the eligible individual to the public water system meets all applicable local and State regulations, requirements, and codes.
added “(5) Report—Not later than 3 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
added “(6) Authorization of appropriations—There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026.”
removed
“(6) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
removed
“(7) Authorization of appropriations—There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026.”
“(n) State competitive grants for underserved communities
“(1) In general—In addition to amounts authorized to be appropriated under subsection (k), there is authorized to be appropriated to carry out subsections (a) through (j) $50,000,000 for each of fiscal years 2022 through 2026 in accordance with paragraph (2).
“(2) Competitive grants
“(A) In general—Notwithstanding any other provision of this section, the Administrator shall distribute amounts made available under paragraph (1) to States through a competitive grant program.
“(B) Applications—To seek a grant under the competitive grant program under subparagraph (A), a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
“(C) Criteria—In selecting recipients of grants under the competitive grant program under subparagraph (A), the Administrator shall establish criteria that give priority to States with a high proportion of underserved communities that meet the condition described in subsection (a)(2)(A).
“(3) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the competitive grant program under paragraph (2)(A), which shall include a description of the use and deployment of amounts made available under the competitive grant program.
“(4) Savings provision—Nothing in this paragraph affects the distribution of amounts made available under subsection (k), including any methods used by the Administrator for distribution of amounts made available under that subsection as in effect on the day before the date of enactment of this subsection.”
Sec. 105 Reducing lead in drinking water
Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b) is amended—
added “(D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and”
added “(iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low-income homeowners, and landlords or property owners providing housing to low-income renters.”
added “(F) shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects.”
added “(d) Lead inventorying utilization grant pilot program
removed
“(d) Lead mapping utilization grant pilot program
“(1) Definitions—In this subsection:
added “(A) Eligible entity—The term eligible entity means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying.
removed
“(A) Eligible entity—The term eligible entity means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or likely to contain, lead service lines.
“(B) Pilot program—The term pilot program means the pilot program established under paragraph (2).
added “(2) Establishment—The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities.
removed
“(2) Establishment—The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist based on existing lead mapping of those eligible entities.
“(3) Selection
“(A) Application—To be eligible to receive a grant under the pilot 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.
added “(B) Prioritization—In selecting recipients under the pilot program, the Administrator shall give priority to—
added “(i) an eligible entity that meets the affordability criteria of the applicable State established under section 1452(d)(3); and
added “(ii) an eligible entity that is located in an area other than a State that has established affordability criteria under section 1452(d)(3).
removed
“(B) Prioritization—In selecting recipients under the pilot program, the Administrator shall give priority to an eligible entity that meets the affordability criteria established by the applicable State.
“(4) Report—Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing—
“(A) the recipients of grants under the pilot program;
added “(B) the existing lead inventorying that was available to recipients of grants under the pilot program; and
added “(C) how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity.
removed
“(B) the existing lead mapping that was available to recipients of grants under the pilot program; and
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“(C) how useful and accurate the lead mapping described in subparagraph (B) was in locating lead contaminants of the eligible entity.
“(5) Authorization of appropriations—There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended.”
Sec. 106 Operational sustainability of small public water systems
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:
“1459E. Operational sustainability of small public water systems
“(a) Definitions—In this section:
“(1) Eligible entity—The term eligible entity means—
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“(A) a unit of local government;State;
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“(B) a public corporation established by a unit of local government to provide water service;government;
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“(C) a nonprofit corporation, public trust, or cooperative association that owns or operates corporation established by a public unit of local government to provide water system; andservice;
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“(D) an Indian Tribe a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system.system;
added “(E) an Indian Tribe that owns or operates a public water system;
added “(F) a nonprofit organization that provides technical assistance to public water systems; and
added “(G) a Tribal consortium.
“(2) Operational sustainability—The term operational sustainability means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks, breaks, and other metering or infrastructure failures.
“(3) Program—The term program means the grant program established under subsection (b).
added “(4) Small system—The term small system, for the purposes of this section, means a public water system that—
removed
“(4) Small system—The term small system means a public water system that—
“(A) serves fewer than 10,000 people; and
“(B) is owned or operated by—
“(i) a unit of local government;
“(ii) a public corporation;
“(iii) a nonprofit corporation;
“(iv) a public trust;
“(v) a cooperative association; or
“(vi) an Indian Tribe.
“(b) Establishment—Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems.
“(c) Applications—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 carried out using grant funds under the program;
added “(2) documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project;
removed
“(2) documentation prepared by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project;
“(3) a description of how the proposed project will improve the operational sustainability of 1 or more small systems;
removed
“(4) a description of how the improvements described in paragraph (3) will be maintained beyond the life of the proposed project, including a plan to maintain and update any asset data collected as a result of the proposed project;
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“(5)
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“(A) if the eligible entity is located in a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the eligible entity and the State in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or
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“(B) if the eligible entity is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 1452, “(4) a copy description of a written agreement between the eligible entity and how the Administrator improvements described in which paragraph (3) will be maintained beyond the eligible entity agrees to provide a copy life of the proposed project, including a plan to maintain and update any asset data collected under as a result of the proposed project to the Administrator (or a designee); project; and
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“(6) “(5) any additional information the Administrator may require.
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“(d) Use Additional required information—Before the award of funds—An eligible entity that receives funds for a grant under the program shall use to a grant recipient, the grant funds recipient shall submit to carry out projects that improve the operational sustainability of 1 or more small systems through—Administrator—
added “(1) if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the State in which the grant recipient agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or
added “(2) if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the Administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the Administrator (or a designee).
added “(e) Use of funds—An eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through—
“(1) the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure;
“(2) the development of an infrastructure asset map, including a map that uses technology such as—
“(A) geographic information system software; and
“(B) global positioning system software;
“(3) the deployment of leak detection technology;
“(4) the deployment of metering technology;
“(5) training in asset management strategies, techniques, and technologies for appropriate staff employed by—
“(A) the eligible entity; or
“(B) the small systems for which the grant was received;
“(6) the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective use of water resources through water reuse; and
“(7) the development or deployment of other strategies, techniques, or technologies that the Administrator may determine to be appropriate under the program.
added “(f) Cost share
removed
“(e) Cost share
“(1) In general—Subject to paragraph (2), the Federal share of the cost of a project carried out using a grant under the program shall be 90 percent of the total cost of the project.
“(2) Waiver—The Administrator may increase the Federal share under paragraph (1) to 100 percent.
added “(g) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
added “(h) Authorization of appropriations—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.”
removed
“(f) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program.
removed
“(g) Authorization of appropriations—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.”
Sec. 107 Midsize and large drinking water system infrastructure resilience and sustainability program
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 106) is amended by adding at the end the following:
“1459F. Midsize and large drinking water system infrastructure resilience and sustainability program
“(a) Definitions—In this section:
changed
“(1) Eligible entity—The term eligible entity means a public water system that serves a community with a population of greater than 10,000.10,000 or more.
“(2) Natural hazard; resilience—The terms resilience and natural hazard have the meanings given those terms in section 1433(h).
“(3) Resilience and sustainability program—The term resilience and sustainability program means the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program established under subsection (b).
changed
“(b) Establishment—The Administrator shall establish and carry out a program, to be known as the “Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program”, under which the Administrator, subject to the availability of appropriations for the resilience and sustainability program, shall award grants to eligible entities for the purpose of increasing resilience to natural hazards, cybersecurity threats, and extreme weather events.of—
changed
“(c) Use of funds—An eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases “(1) increasing resilience to natural hazards, cybersecurity threats, or hazards and extreme weather events through—events; and
added “(2) reducing cybersecurity vulnerabilities.
added “(c) Use of funds—An eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces cybersecurity vulnerabilities, through—
“(1) the conservation of water or the enhancement of water-use efficiency;
“(2) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards or extreme weather events, including risks to drinking water from flooding;
“(3) the design or construction of new or modified desalination facilities to serve existing communities;
“(4) the enhancement of water supply through the use of watershed management and source water protection;
“(5) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water;
added “(6) the development and implementation of measures—
added “(A) to increase the resilience of the eligible entity to natural hazards and extreme weather events; or
added “(B) to reduce cybersecurity vulnerabilities;
added “(7) the conservation of water or the enhancement of a water supply through the implementation of water reuse measures; or
added “(8) the formation of regional water partnerships to collaboratively address documented water shortages.
removed
“(6) the development and implementation of measures to increase the resilience of the eligible entity to natural hazards, cybersecurity threats, or extreme weather events; or
removed
“(7) the conservation of water or the enhancement of a water supply through the implementation of water reuse measures.
“(d) Application—To seek a grant under the resilience and sustainability 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 program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity;
added “(2) an identification of the natural hazard risks, extreme weather events, or potential cybersecurity vulnerabilities, as applicable, to be addressed by the proposed program or project;
added “(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity vulnerability, or risk for extreme weather events to the area where the proposed program or project is to be located;
removed
“(2) an identification of the natural hazard risk or potential cybersecurity threat, as applicable, to be addressed by the proposed program or project;
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“(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity threat, or risk for extreme weather events to the area where the proposed program or project is to be located;
“(4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the community water system of the eligible entity;
added “(5) a description of how the proposed program or project would improve the performance of the community water system of the eligible entity under the anticipated natural hazards, cybersecurity vulnerabilities, or extreme weather events; and
added “(6) an explanation of how the proposed program or project is expected—
added “(A) to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards or extreme weather events; or
added “(B) to reduce cybersecurity vulnerabilities.
removed
“(5) a description of how the proposed program or project would improve the performance of the community water system of the eligible entity under the anticipated natural hazards, cybersecurity threats, or extreme weather events; and
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“(6) an explanation of how the proposed program or project is expected to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards, cybersecurity threats, or extreme weather events.
“(e) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the resilience and sustainability program, which shall include a description of the use and deployment of amounts made available to carry out the resilience and sustainability program.
“(f) Authorization of appropriations
“(1) In general—There is authorized to be appropriated to carry out the resilience and sustainability program $50,000,000 for each of fiscal years 2022 through 2026.
“(2) Use of funds—Of the amounts made available under paragraph (1) for grants to eligible entities under the resilience and sustainability program—
“(A) 50 percent shall be used to provide grants to eligible entities that serve a population of—
added “(i) equal to or greater than 10,000; and
removed
“(i) greater than 10,000; and
“(ii) fewer than 100,000; and
“(B) 50 percent shall be used to provide grants to eligible entities that serve a population equal to or greater than 100,000.
“(3) Administrative costs—Of the amounts made available under paragraph (1), not more than 2 percent may be used by the Administrator for the administrative costs of carrying out the resilience and sustainability program.”
Sec. 108 Needs assessment for nationwide rural and urban low-income community water assistance
removed
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 107) is amended by adding at the end the following:
removed
“1459G. Needs assessment for nationwide rural and urban low-income community water assistance
removed
“(a) Definition of low-Income household—In this section, the term low-income household means a household that has an income that, as determined by the State in which the household is located, does not exceed the greater of—
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“(1) an amount equal to 150 percent of the poverty level of that State; and
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“(2) an amount equal to 60 percent of the State median income for that State.
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“(b) Study; report
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“(1) In general—Subject to the availability of appropriations, not later than 2 years after the date of enactment of this section, the Administrator shall conduct, and submit to Congress a report describing the results of, a study regarding the prevalence throughout the United States of low-income households, including low-income renters, that spend a disproportionate amount of household income on public drinking water services to meet household needs.
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“(2) Inclusions—The report under paragraph (1) shall include—
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“(A) recommendations of the Administrator regarding the best methods to increase access to affordable and reliable drinking water services;
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“(B) a description of the cost of each method described in subparagraph (A); and
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“(C) with respect to the development of the report, a consultation with all relevant stakeholders.
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“(3) Agreements—The Administrator may enter into an agreement with another Federal agency to carry out the study under paragraph (1).
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“(c) Authorization of appropriations—There is authorized to be appropriated to carry out this section $5,000,000, to remain available until expended.”
Sec. 109 Rural and low-income water assistance pilot program
removed
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j–24) is amended—
removed
“(i) States”
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“(ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)) in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the tribal education agency.”
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“(iii) any public water system that is located in a State that does not participate in the voluntary grant program established under subparagraph (A) that—
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“(I) assists schools or child care programs in lead testing; or
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“(II) provides technical assistance to schools or child care programs in carrying out lead testing; or
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“(iv) a qualified nonprofit organization, as determined by the Administrator.”
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“(8) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection—
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“(A) $30,000,000 for each of fiscal years 2022 through 2024;
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“(B) $40,000,000 for fiscal year 2025; and
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“(C) $50,000,000 for fiscal year 2026.”
Sec. 110 Lead contamination in school drinking water
changed
Section 2001 1464 of the America's Safe Drinking Water Infrastructure Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115–270) 300j–24) is amended—
added “(i) States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and
added “(ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)), public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those tribal education agencies.”
removed
“(c) Required projects
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“(1) In general—If sufficient applications exist, of the funds made available to carry out this section, the Administrator shall use 50 percent to carry out—
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“(A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin;
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“(B) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin;
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“(C) 10 eligible projects described in subsection (b) that are within the Columbia River Basin; and
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“(D) 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin.
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“(2) Requirement—In carrying out paragraph (1)(A), the Administrator shall select not fewer than 2 eligible projects for a reservation that serves more than 1 federally recognized Indian Tribe.
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“(d) Federal share—The Federal share of the cost of a project carried out under this section shall be 100 percent.
removed
“(e) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program established under subsection (a), which shall include a description of the use and deployment of amounts made available under that program.”
removed
“(1) $20,000,000”
added “(iii) any public water system that is located in a State that does not participate in the voluntary grant program established under subparagraph (A) that—
added “(I) assists schools or child care programs in lead testing;
added “(II) assists schools or child care programs with compliance monitoring;
added “(III) assists schools with carrying out projects to remediate lead contamination in drinking water; or
added “(IV) provides technical assistance to schools or child care programs in carrying out lead testing; or
added “(iv) a qualified nonprofit organization, as determined by the Administrator.”
added “(8) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection—
added “(A) $30,000,000 for fiscal year 2022;
added “(B) $35,000,000 for fiscal year 2023;
added “(C) $40,000,000 for fiscal year 2024;
added “(D) $45,000,000 for fiscal year 2025; and
added “(E) $50,000,000 for fiscal year 2026.”
removed
“(2) $50,000,000 for each of fiscal years 2022 through 2026.”
Sec. 111 Indian reservation drinking water program
changed
Part E Section 2001 of the Safe Drinking America's Water Infrastructure Act of 2018 (42 U.S.C. 300j et seq.) (as amended by section 108) 300j–3c note; Public Law 115–270) is amended by adding at the end the following:amended—
added “(2) that will—
added “(A) improve water quality, water pressure, or water services through means such as connecting to, expanding, repairing, improving, or obtaining water from a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); or
added “(B) improve water quality or sanitation or wastewater services at a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).”
added “(c) Required projects
added “(1) In general—If sufficient projects exist, of the funds made available to carry out this section, the Administrator shall use 50 percent to carry out—
added “(A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin;
added “(B) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin;
added “(C) 10 eligible projects described in subsection (b) that are within the Columbia River Basin;
added “(D) 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin; and
added “(E) 10 eligible projects described in subsection (b) that are within the Arkansas-White-Red River Basin.
added “(2) Requirement—In carrying out paragraph (1)(A), the Administrator shall select not fewer than 2 eligible projects for a reservation that serves more than 1 federally recognized Indian Tribe.
added “(d) Priority—In selecting projects to carry out under this section, the Administrator shall give priority to projects that—
added “(1) respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of Tribal populations;
added “(2) would serve a Tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3)); or
added “(3) would address the underlying factors contributing to—
added “(A) an enforcement action commenced pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.) against the applicable public water system (as defined in section 1401 of that Act (42 U.S.C. 300f)) as of the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021; or
added “(B) an enforcement action commenced pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) against the applicable treatment works (as defined in section 212 of that Act (33 U.S.C. 1292)) as of the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021.
added “(e) Federal share—The Federal share of the cost of a project carried out under this section shall be 100 percent.
added “(f) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program established under subsection (a), which shall include a description of the use and deployment of amounts made available under that program.”
added “(1) $20,000,000”
added “(2) $50,000,000 for each of fiscal years 2022 through 2026.”
removed
“1459H. Advanced drinking water technologies
removed
“(a) Study
removed
“(1) In general—Subject to the availability of appropriations, not later than 1 year after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity threats, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of drinking water provided by a public water system.
removed
“(2) Report—The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under paragraph (1).
removed
“(b) Advanced drinking water technology grant program
removed
“(1) Definitions—In this subsection:
removed
“(A) Eligible entity—The term eligible entity means the owner or operator of a public water system that—
removed
“(i) serves—
removed
“(I) a population of not more than 100,000 people; or
removed
“(II) an underserved community;
removed
“(ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new or emerging, yet proven, technologies, including technology that could address cybersecurity threats, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1); and
removed
“(iii) has expressed an interest in the opportunities in the operation of the public water system to employ new or emerging, yet proven, technologies, including technology that could address cybersecurity threats, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1).
removed
“(B) Program—The term program means the competitive grant program established under paragraph (2).
removed
“(C) Underserved community—The term underserved community means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
removed
“(2) Establishment—The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii).
removed
“(3) Requirements
removed
“(A) Applications—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.
removed
“(B) Federal share
removed
“(i) In general—Subject to clause (ii), the Federal share of the cost of a project carried out using a grant under the program shall not exceed 90 percent of the total cost of the project.
removed
“(ii) Waiver—The Administrator may increase the Federal share under clause (i) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
removed
“(4) Report—Not later than 1 year after the date on which Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit to Congress a report describing—
removed
“(A) each recipient of a grant under the program during the previous 1-year period; and
removed
“(B) a summary of the activities carried out using grants awarded under the program.
removed
“(5) Funding
removed
“(A) Authorization of appropriations—There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
removed
“(B) Administrative costs—Not more than 2 percent of the amount made available for a fiscal year under subparagraph (A) to carry out the program may be used by the Administrator for the administrative costs of carrying out the program.”
Sec. 112 Advanced drinking water technologies
addedadded Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 107) is amended by adding at the end the following:
added “1459G. Advanced drinking water technologies
added “(a) Study
added “(1) In general—Subject to the availability of appropriations, not later than 1 year after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of drinking water provided by a public water system.
added “(2) Report—The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under paragraph (1).
added “(b) Advanced drinking water technology grant program
added “(1) Definitions—In this subsection:
added “(A) Eligible entity—The term eligible entity means the owner or operator of a public water system that—
added “(i) serves—
added “(I) a population of not more than 100,000 people; or
added “(II) a community described in section 1459A(c)(2);
added “(ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1); and
added “(iii) has expressed an interest in the opportunities in the operation of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1).
added “(B) Program—The term program means the competitive grant program established under paragraph (2).
added “(C) Underserved community—The term underserved community means a political subdivision of a State that, as determined by the Administrator, has an inadequate system for obtaining drinking water.
added “(2) Establishment—The Administrator shall establish a competitive grant program under which the Administrator shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii).
added “(3) Requirements
added “(A) Applications—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.
added “(B) Federal share
added “(i) In general—Subject to clause (ii), the Federal share of the cost of a project carried out using a grant under the program shall not exceed 90 percent of the total cost of the project.
added “(ii) Waiver—The Administrator may increase the Federal share under clause (i) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.
added “(4) Report—Not later than 2 years after the date on which the Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit to Congress a report describing—
added “(A) each recipient of a grant under the program during the previous 1-year period; and
added “(B) a summary of the activities carried out using grants awarded under the program.
added “(5) Funding
added “(A) Authorization of appropriations—There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
added “(B) Administrative costs—Not more than 2 percent of the amount made available for a fiscal year under subparagraph (A) to carry out the program may be used by the Administrator for the administrative costs of carrying out the program.”
Sec. 113 Cybersecurity support for public water systems
addedadded Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is amended by adding at the end the following:
added “1420A. Cybersecurity support for public water systems
added “(a) Definitions—In this section:
added “(1) Appropriate Congressional committees—The term appropriate Congressional committees means—
added “(A) the Committee on Environment and Public Works of the Senate;
added “(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
added “(C) the Committee on Energy and Commerce of the House of Representatives; and
added “(D) the Committee on Homeland Security of the House of Representatives.
added “(2) Director—The term Director means the Director of the Cybersecurity and Infrastructure Security Agency.
added “(3) Incident—The term incident has the meaning given the term in section 3552 of title 44, United States Code.
added “(4) Prioritization Framework—The term Prioritization Framework means the prioritization framework developed by the Administrator under subsection (b)(1)(A).
added “(5) Support Plan—The term Support Plan means the Technical Cybersecurity Support Plan developed by the Administrator under subsection (b)(2)(A).
added “(b) Identification of and support for public water systems
added “(1) Prioritization framework
added “(A) In general—Not later than 180 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator, in coordination with the Director, shall develop a prioritization framework to identify public water systems (including sources of water for those public water systems) that, if degraded or rendered inoperable due to an incident, would lead to significant impacts on the health and safety of the public.
added “(B) Considerations—In developing the Prioritization Framework, to the extent practicable, the Administrator shall incorporate consideration of—
added “(i) whether cybersecurity vulnerabilities for a public water system have been identified under section 1433;
added “(ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional Federal support;
added “(iii) whether a public water system serves a defense installation or critical national security asset; and
added “(iv) whether a public water system, if degraded or rendered inoperable due to an incident, would cause a cascading failure of other critical infrastructure.
added “(2) Technical Cybersecurity Support Plan
added “(A) In general—Not later than 270 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator, in coordination with the Director and using existing authorities of the Administrator and the Director for providing voluntary support to public water systems and the Prioritization Framework, shall develop a Technical Cybersecurity Support Plan for public water systems.
added “(B) Requirements—The Support Plan—
added “(i) shall establish a methodology for identifying specific public water systems for which cybersecurity support should be prioritized;
added “(ii) shall establish timelines for making voluntary technical support for cybersecurity available to specific public water systems;
added “(iii) may include public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity;
added “(iv) shall include specific capabilities of the Administrator and the Director that may be utilized to provide support to public water systems under the Support Plan, including—
added “(I) site vulnerability and risk assessments;
added “(II) penetration tests; and
added “(III) any additional support determined to be appropriate by the Administrator; and
added “(v) shall only include plans for providing voluntary support to public water systems.
added “(3) Consultation required—In developing the Prioritization Framework pursuant to paragraph (1) and the Support Plan pursuant to paragraph (2), the Administrator shall consult with such Federal or non-Federal entities as determined to be appropriate by the Administrator.
added “(4) Reports required
added “(A) Prioritization framework—Not later than 190 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to the appropriate Congressional committees a report describing the Prioritization Framework.
added “(B) Technical Cybersecurity Support Plan—Not later than 280 days after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to the appropriate Congressional committees—
added “(i) the Support Plan; and
added “(ii) a list describing any public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity during the development of the Support Plan.
added “(c) Rules of construction—Nothing in this section—
added “(1) alters the existing authorities of the Administrator; or
added “(2) compels a public water system to accept technical support offered by the Administrator.”
Sec. 114 State response to contaminants
addedadded Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(j)(1)) is amended—
Sec. 115 Annual study on boil water advisories
addedSec. 201 Research, investigations, training, and information
Sec. 202 Wastewater efficiency grant pilot program
added 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:
added “222. Wastewater efficiency grant pilot program
added “(a) Establishment—Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the “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.
added “(b) Selection
added “(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.
added “(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).
added “(c) Use of funds
added “(1) In general—Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for—
added “(A) sludge collection;
added “(B) installation of anaerobic digesters;
added “(C) methane capture;
added “(D) methane transfer;
added “(E) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and
added “(F) other new and emerging, but proven, technologies that transform waste to energy.
added “(2) Limitation—A grant to a recipient under the pilot program shall be not more than $4,000,000.
added “(d) Reports
added “(1) Report to the Administrator—Not later than 2 years after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), 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.
added “(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 (e), the Administrator shall submit to Congress a report describing—
added “(A) the applications received by the Administrator for grants under the pilot program; and
added “(B) the projects for which grants were awarded under the pilot program.
added “(e) Authorization of appropriations
added “(1) In general—There is authorized to be appropriated to carry out the pilot program $20,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.
added “(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.”
Sec. 203 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 general—There is”
“(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.”
Sec. 204 Sewer overflow and stormwater reuse municipal grants
Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended—
“(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”
“(3) Types of non-Federal share—The applicable non-Federal share of the cost under this subsection”
changed
“(1) In general—Subject to paragraph (2), the general—The Federal”
changed
“(2) Federal Rural and financially distressed communities—To the maximum extent practicable, the Administrator shall work with States to prevent the non-Federal share for requirements under this subsection from being passed on to rural or communities and financially distressed communitiescommunities (as those terms are defined in subsection (f)(2)(B)(i)).”
removed
“(A) In general—Subject to subparagraph (B), the Federal share of the cost of an activity carried out using amounts from a grant under subsection (a) in a rural community or a financially distressed community (as those terms are defined in subsection (f)(2)(B)(i)) shall be 90 percent.
removed
“(B) Waiver—The Administrator may increase the Federal share under subparagraph (A) to 100 percent.”
“(1) In general—There is authorized to be appropriated to carry out this section $280,000,000 for each of fiscal years 2022 through 2026.”
changed
“(A) Green infrastructure—To projects—To the extent”
“(B) Rural or financially distressed community allocation
“(i) Definitions—In this subparagraph:
“(I) Financially distressed community—The term financially distressed community has the meaning given the term in subsection (c)(1).
“(II) Rural community—The term rural community means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
“(ii) Allocation
“(I) In general—To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of—
“(aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or
“(bb) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c).
“(II) Rural communities—Of the funds allocated under subclause (I) for the purposes described in that subclause, to the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 60 percent to carry out projects in rural communities.”
changed
“(B) Requirement—The funding levels recommended under subparagraph (A)”(A)(i)”
changed
“(1) Recommended funding levelsPeriodic reports
“(A) In general—Not later”
added “(i) recommended”
added “(ii) a description of the extent to which States pass costs associated with the non-Federal share requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)).”
added “(2) Use of funds—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, 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 that describes the implementation of the grant program under this section, which shall include a description of the grant recipients, sources of funds for non-Federal share requirements under subsection (d), and grant amounts made available under the program.”
removed
“(2) Use of funds—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, 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 that describes the implementation of the grant program under this section, which shall include a description of the use and deployment of amounts made available under the program.”
Sec. 205 Clean water infrastructure resiliency and sustainability program
changed Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 202) is amended by adding at the end the following:
changed
“222. “223. 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).
changed
“(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 or a cybersecurity threat.vulnerabilities.
changed
“(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 or a cybersecurity threat vulnerabilities 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, conveyance, or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard;
changed
“(5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or a cybersecurity threat, vulnerabilities, as applicable; 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;
changed
“(2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity threat, vulnerability, as applicable, to be addressed by the proposed project;
changed
“(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 or potential cybersecurity threat, vulnerability, as applicable, of the area where the proposed project is to be located;
changed
“(4) a description of any recent natural hazard events risk of the area where the proposed project is to be located or potential cybersecurity threats vulnerabilities that have affected the publicly owned treatment works;
changed
“(5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard or natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity threat, vulnerability, as applicable; and
changed
“(6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to an anticipated a natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity threat, vulnerability, as applicable.
“(e) Grant amount and other federal requirements
“(1) Cost share—Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of the total cost of the proposed project.
“(2) Exception
“(A) In general—Except as provided in subparagraph (B), a grant under the program shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that—
“(i) has a population of fewer than 10,000 individuals; or
“(ii) meets the affordability criteria established by the State in which the community is located under section 603(i)(2).
“(B) Waiver—At the discretion of the Administrator, a grant for a project described in subparagraph (A) may cover 100 percent of the total cost of the proposed project.
“(3) Requirements—The requirements of section 608 shall apply to a project funded with a grant under the program.
changed
“(f) Report—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include—include an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the program.
removed
“(1) a description of the use and deployment of amounts made available under the program; and
removed
“(2) an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the program.
“(g) Authorization of appropriations
“(1) In general—There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026.
“(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.”
Sec. 206 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 205) is amended by adding at the end the following:
changed
“223. “224. 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.
changed
“(c) Report—Not later than 180 days after the date on which the Administrator establishes Prioritization—In selecting recipients of grants under the circuit rider program, and every 180 days thereafter, the Administrator shall submit give priority to Congress qualified nonprofit entities, as determined by the Administrator, that would serve a report describing—community that—
added “(1) has a history, for not less than the 10 years prior to the award of the grant, of unresolved wastewater issues, stormwater issues, or a combination of wastewater and stormwater issues;
added “(2) is considered financially distressed;
added “(3) faces the cumulative burden of stormwater and wastewater overflow issues; or
added “(4) has previously failed to access Federal technical assistance due to cost-sharing requirements.
added “(d) Communication—Each qualified nonprofit entity that receives funding under this section shall, before using that funding to undertake activities to carry out this section, consult with the State in which the assistance is to be expended or otherwise made available.
added “(e) Report—Not later than 2 years after the date on which the Administrator establishes the circuit rider program, and every 2 years 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.
added “(f) Authorization of appropriations
removed
“(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 2022 through 2026.
“(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.”
Sec. 207 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 206) is amended by adding at the end the following:
changed
“224. “225. 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.
changed
“(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—to—
changed
“(1) a population an owner or operator of not more than 10,000 people; ora small publicly owned treatment works that serves—
changed
“(2) “(A) a disadvantaged community.population of not more than 10,000 people; or
changed
“(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 “(B) a report describing—disadvantaged community; or
added “(2) a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph (1) to carry out the activities described in subsection (a).
added “(c) Report—Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years 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) Use of funds
“(1) Small systems—Of the amounts made available for grants under this section, to the extent that there are sufficient applications, not less than 15 percent shall be used for grants to publicly owned treatment works that serve fewer than 3,300 people.
“(2) Limitation on use of funds—Of the amounts made available for grants under this section, not more than 2 percent may be used to pay the administrative costs of the Administrator.”
Sec. 208 Grants for construction and refurbishing 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 207) is amended by adding at the end the following:
changed
“225. “226. Grants for construction, refurbishing, construction and servicing refurbishing 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 low-income or moderate-income 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 improving general welfare by providing assistance to eligible individuals—
“(A) for the construction, repair, or replacement of an individual household decentralized wastewater treatment system; or
“(B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more households in which eligible individuals reside, if—
“(i) site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system;
“(ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and
“(iii) a larger decentralized wastewater system could be cost-effectively installed.
“(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 paragraph (1), as the Administrator determines to be appropriate.
changed
“(c) AssistanceGrants
“(1) In general—Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection.
“(2) Application—To be eligible to receive the services described in subsection (b)(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.
changed
“(3) Priority—In awarding assistance grants 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 $50,000,000 for each of fiscal years 2022 through 2026.
“(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.”
Sec. 209 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 208) is amended by adding at the end the following:
changed
“226. “227. 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 low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or
“(B) a nonprofit entity that assists low-income or moderate-income 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 with the purpose of improving general welfare, 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 $40,000,000 for each of fiscal years 2022 through 2026.
“(2) Limitations on use of funds
“(A) Small systems—Of the amounts made available for grants under paragraph (1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to—
“(i) eligible entities described in subsection (a)(1)(A) that are owners and operators of publicly owned treatment works that serve fewer than 3,300 people; and
“(ii) eligible entities described in subsection (a)(1)(B) that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than 3,300 people.
“(B) Administrative costs—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.”
Sec. 210 Clean water State revolving funds
changed
“(B) Total amount of subsidization—For each fiscal year, of the amount of the capitalization grant received by the State under this title, the total amount of additional subsidization made available by a State under paragraph (1)—subsidization
changed
“(i) may not exceed 30 percent; andIn general—For each fiscal year, of the amount of the capitalization grant received by the State under this title, the total amount of additional subsidization made available by a State under paragraph (1)—
changed
“(ii) to the extent that there are sufficient applications for assistance to communities described in that paragraph, “(I) may not be less than 10 percent.”exceed 30 percent; and
added “(II) to the extent that there are sufficient applications for assistance to communities described in that paragraph, may not be less than 10 percent.
added “(ii) Exclusion—A loan from the water pollution control revolving fund of a State with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subparagraph.”
changed
“(k) Additional use of funds—A State may use an additional 2 percent of the funds annually allotted awarded to each State under this section title for nonprofit organizations (as defined in section 104(w)) or State, regional, interstate, or municipal entities 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.”
“607. Authorization of appropriations
“There are authorized to be appropriated to carry out the purposes of this title—
“(1) $2,400,000,000 for fiscal year 2022;
“(2) $2,750,000,000 for fiscal year 2023;
“(3) $3,000,000,000 for fiscal year 2024; and
“(4) $3,250,000,000 for each of fiscal years 2025 and 2026.”
Sec. 211 Water infrastructure and workforce investment
Section 4304 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j–19e) is amended—
“(i) to accelerate career pipelines;
“(ii) to ensure the sustainability of the water and wastewater utility workforce; and
“(iii) to provide access to workforce opportunities.”
“(A) expanding the use and availability of activities and resources that relate to the recruitment, including the promotion of diversity within that recruitment, of individuals to careers in the water and wastewater utility sector;
“(B) expanding the availability of training opportunities for—
“(i) individuals entering into the water and wastewater utility sector; and
“(ii) individuals seeking to advance careers within the water and wastewater utility sector; and
“(C) expanding the use and availability of activities and strategies, including the development of innovative activities and strategies, that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector.”
“(i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity within recruitment, for the water and wastewater utility workforce;”
“(iii) developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector; and”
“(4) Working group; report
“(A) In general—The Administrator shall establish and coordinate a Federal interagency working group to address recruitment, training, and retention challenges in the water and wastewater utility workforce, which shall include representatives from—
“(i) the Department of Education;
“(ii) the Department of Labor;
“(iii) the Department of Agriculture;
“(iv) the Department of Veterans Affairs; and
“(v) other Federal agencies, as determined to be appropriate by the Administrator.
changed
“(B) Report—Not later than 1 year 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, the Administrator, in coordination with the working group established under subparagraph (A), shall submit to Congress a report describing potential solutions to recruitment, training, and retention challenges in the water and wastewater utility workforce.
added “(C) Consultation—In carrying out the duties of the working group established under subparagraph (A), the working group shall consult with State operator certification programs.
“(5) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026.”
“(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.”
Sec. 212 Grants to Alaska to improve sanitation in rural and Native villages
changed
Section 303(e) 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a(e)) 1263a) is amended by striking “this section” and all that follows through the period at the end and inserting the following:amended—
added “(1) $40,000,000 for each of fiscal years 2022 through 2024;
added “(2) $50,000,000 for fiscal year 2025; and
added “(3) $60,000,000 for fiscal year 2026.”
removed
“(1) $40,000,000 for each of fiscal years 2022 through 2024;
removed
“(2) $50,000,000 for fiscal year 2025; and
removed
“(3) $60,000,000 for fiscal year 2026.”
Sec. 215 Water infrastructure financing reauthorization
removed
“(c) Budgetary treatment—If the recipient of financial assistance under this subtitle is an eligible entity other than a Federal entity, agency, or instrumentality and the dedicated sources of repayment of that financial assistance are non-Federal revenue sources, the project or asset for which financial assistance is being provided shall, for purposes of budgetary treatment under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)—
removed
“(1) be deemed to be non-Federal; and
removed
“(2) be treated as a direct loan or loan guarantee.”
“(3) Fiscal years 2022 through 2026—There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.”
added “5036. Outreach plan
added “(a) Definition of rural community—In this section, the term rural community means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants.
added “(b) Outreach required—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities.”
Sec. 216 Small and disadvantaged community analysis
Sec. 217 Stormwater infrastructure technology
Sec. 218 Water Reuse Interagency Working Group
Sec. 219 Advanced clean water technologies study
Sec. 220 Clean watersheds needs survey
added Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following:
added “609. Clean watersheds needs survey
added “(a) Requirement—Not later than 2 years after the date of enactment of the Drinking Water and Wastewater Infrastructure Act of 2021, and not less frequently than once every 4 years thereafter, the Administrator shall—
added “(1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 603(c) for assistance from State water pollution control revolving funds; and
added “(2) submit to Congress a report describing the results of the assessment completed under paragraph (1).
added “(b) Authorization of appropriations—There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended.”
Sec. 221 Water Resources Research Act amendments
addedadded “(c) Grants
added “(1) In general—From the sums appropriated pursuant to subsection (f), 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.
added “(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.”
added “(e) Evaluation of water resources research program
added “(1) In general—The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine—
added “(A) the quality and relevance of the water resources research of the institute;
added “(B) the effectiveness of the institute at producing measured results and applied water supply research; and
added “(C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section.
added “(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.”
Sec. 222 Enhanced aquifer use and recharge
addedadded Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:
added “124. Enhanced aquifer use and recharge
added “(a) In general—Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which—
added “(1) not less than 50 percent shall be used to provide 1 grant to a State, unit of local government, or Indian Tribe to carry out activities that would directly support that research; and
added “(2) the remainder shall be provided to 1 appropriate research center.
added “(b) Coordination—As a condition of accepting funds under subsection (a), the State, unit of local government, or Indian Tribe and the appropriate research center that receive funds under that subsection shall establish a formal research relationship for the purpose of coordinating efforts under this section.
added “(c) Authorization of appropriations—There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.”