Municipal and Industrial Water Conservation Act of 1989 - Directs the Administrator of the Environmental Protection Agency to establish an Office of Water Conservation to perform specified duties, including: (1) the support of programs to reduce water use and loss in municipal, industrial, commercial, institutional, and residential sectors; (2) the support of dissemination of model water conservation programs; and (3) the promotion of least-cost approaches to water planning and regional approaches to management of water and sewer systems.
Calls for intergovernmental coordination in water conservation efforts. Requires the Office to provide technical assistance to States, Indian tribes, utilities, local governments, and others in efforts to implement water conservation policies. Requires regular consultations with major water resources development agencies to target limited resources.
Requires the Office to develop a series of model water conservation programs with policy options for States, Indian tribes, water utilities, and municipalities. Allows such water users to request feasibility studies of their current and potential water conservation activities. Allocates the costs of such studies, allowing smaller studies to be conducted at full Federal cost.
Amends the Federal Water Pollution Control Act (as amended by the Water Quality Act of 1987) to require the Administrator to make capitalization grants to State water pollution control revolving funds for conducting municipal and industrial water conservation activities which will reduce operating and capital costs of and needs for waste water treatment facilities.
Directs the Office to provide, upon request, technical assistance to businesses and institutions for water efficiency campaigns, plumbing system leak-detection, water use audits, and other water conservation measures. Requires the development of model water conservation programs for businesses and institutions and studies, upon request, of their programs.
Directs the Administrator to establish a National Clearinghouse on Water Conservation to collect and disseminate, free of charge, information on water conservation technologies and practices.
Establishes the Advisory Council on Water Conservation to make recommendations to the Administrator on activities under this Act.
Requires the President's Council on Environmental Quality to require, by rulemaking authority, the consideration of water conservation activities in all relevant environmental impact studies conducted under specified provisions of the National Environmental Policy Act of 1969.
Authorizes appropriations through FY 1994 to carry out this Act.
HR 3099 IH 101st CONGRESS 1st Session H. R. 3099 To provide for the improved management of the Nation's water resources. IN THE HOUSE OF REPRESENTATIVES August 3, 1989 Mr. ATKINS (for himself, Mrs. BOXER, Mr. BROWN of California, Mrs. COLLINS, Mr. DYMALLY, Mr. GARCIA, Mr. HOCHBRUECKNER, Mr. LEWIS of Georgia, Mrs. LOWEY of New York, Mr. MILLER of California, Mr. PANETTA, Mr. STUDDS, and Mr. WOLPE) introduced the following bill; which was referred jointly to the Committees on Agriculture and Interior and Insular Affairs and Public Works and Transportation A BILL To provide for the improved management of the Nation's water resources. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Municipal and Industrial Water Conservation Act of 1989'. SEC. 2. FINDINGS. The Congress finds that-- (1) the recurring droughts of recent years in all parts of the country have pointed out the need for wiser management of the entire water cycle, including water supply, water usage, and waste water treatment; (2) much of the Nation's water is wasted because of policies that discourage its efficient use; (3) for a significant percentage of the Nation's municipal water systems, demand for water will outstrip reliable supplies in the 1990s; (4) increased water efficiency can help Federal, State, and local interests delay or eliminate the need for increasingly costly water supply and waste water treatment projects; (5) increased water efficiency can substantially reduce energy costs associated with heating, pumping, and treating water; (6) increased water efficiency can be achieved without diminishing the American standard of living; and (7) increased water efficiency can decrease industrial costs of production, increase the profitability of business ventures, permit economic development in areas with limited water supplies and waste water treatment capacities, and improve the competitiveness of American goods abroad. SEC. 3. STATEMENT OF PURPOSE AND DECLARATION OF POLICY. (a) The purpose of this Act is to promote the wise and efficient use of water in American homes, businesses, factories, offices, and institutions. (b) It is the policy of the United States to manage, protect, and conserve water resources for sustainable use into the indefinite future. (c) Nothing in this Act shall be construed as modifying in any way existing Federal, State, and local laws concerning the allocation of water resources. SEC. 4. DEFINITIONS. For the purpose of this Act, the term-- (1) `Administrator' means the Administrator of the Environmental Protection Agency; (2) `Agency' means the United States Environmental Protection Agency; (3) `business' means a person, partnership, or corporation (or group thereof) engaged in commerce, manufacturing, or providing services; (4) `contracting party' means any association, institution, organization, State, or Indian tribe as specified in section 5(d) of this Act; (5) `Director' means the Director of the Office of Water Conservation as specified in section 5(c)(1) of this Act; (6) `Indian tribe' has the meaning given to such term in section 4(e) of the Indian Self-Determination and Educational Assistance Act (25 U.S.C. 450b(e)); (7) `institution' means any public or private college, school, hospital, prison, convention center, stadium, park, recreational facility, museum, or Federal, State, Indian tribe, or local government agency or office; (8) `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (9) `water conservation' means any beneficial reduction in water use or water losses. SEC. 5. OFFICE OF WATER CONSERVATION. (a) The Administrator shall establish an Office of Water Conservation within the Office of Water of the Environmental Protection Agency. (b) The Office of Water Conservation shall-- (1) develop and support programs and efforts to promote beneficial reductions in water use and loss in the municipal, industrial, commercial, institutional, and residential sectors; (2) support development and dissemination of model water conservation programs, educational materials, and training programs for States, Indian tribes, municipalities, institutions, businesses, and industries; (3) actively promote and support, at the Federal, State, Indian tribe, and local level, least-cost approaches to water planning which incorporate efficient water use practices and coordinated regional management of water and sewer systems; (4) conduct research on and evaluate the potential impacts of technologies which offer potentially significant benefits in municipal and industrial water conservation; (5) provide technical assistance on water conservation to States, Indian tribes, and municipalities as provided for in section 7 of this Act; (6) provide technical assistance on water conservation to businesses and institutions as provided for in section 8 of this Act; (7) establish and oversee the operation of the National Clearinghouse on Water Conservation as provided for in section 9 of this Act; (8) provide staff support to the Advisory Council on Water Conservation provided for in section 10 of this Act; (9) carry out, direct, and coordinate the Agency's activities and policies with respect to water conservation and eliminate duplication and inconsistencies within the Agency's programs related to water conservation; and (10) otherwise provide for the implementation of this Act. (c) The Office of Water Conservation shall-- (1) be headed by a Director appointed by the Administrator who shall be a member of the Senior Executive Service; (2) include a headquarters staff of not less than 5 full-time equivalent employees; and (3) be supported by not less than 1 full-time equivalent employee in each regional office of the Agency. (d)(1) The Office of Water Conservation shall, to the greatest extent deemed practical, effective, and efficient by the Administrator, enter into contractual agreements with private not-for-profit associations, public or private educational institutions, States, Indian tribes, and other public authorities to carry out certain of its responsibilities as specified in this Act. Such agreements may be made for periods not to exceed 2 years and shall be annually reviewed by the Office of Water Conservation in accordance with criteria and procedures established under paragraph (2) of this subsection. (2) The Office of Water Conservation shall establish criteria and procedures for evaluating proposed, existing, and former contractual agreements under this section. Such criteria shall emphasize cost-effectiveness, with attention to technical expertise, geographic distribution, and relationships of the contracting party to States, Indian tribes, public and private water utilities, local government entities, other appropriate public agencies and authorities, and major water-using industries. (3) Funds and other resources allocated to contracting parties under this Act shall be disbursed, controlled, and audited in accordance with rules and procedures established by the Administrator. SEC. 6. INTERGOVERNMENTAL COORDINATION. (a) The Environmental Protection Agency shall be the primary coordinator of all Federal Government policies related to municipal, commercial, residential, and industrial water conservation. (b) To carry out the purposes of this Act, the Administrator shall, to the greatest feasible extent, work with other Federal agencies which participate in water resource planning, development, and management. Such agencies shall include but are not limited to-- (1) the Department of Agriculture (primarily the Cooperative Extension Service, the Farmers Home Administration, and the Soil Conservation Service); (2) the Department of the Army (primarily the United States Army Corps of Engineers); (3) the Department of Commerce (primarily the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service); (4) the Department of Energy; (5) the Federal Energy Regulatory Commission; (6) the General Services Administration; (7) the Department of Health and Human Services (primarily the Indian Health Service); (8) the Department of Housing and Urban Development; (9) the Department of the Interior (primarily the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Reclamation, the United States Fish and Wildlife Service, and the United States Geological Survey); and (10) the Tennessee Valley Authority, the Power Marketing Administrations, the Delaware River Basin Commission, the Interstate Commission on the Potomac River Basin, and the Susquehanna River Basin Commission. (c) To carry out the purposes of this Act, the Administrator shall, to the greatest feasible extent, work with State, Indian tribe, and local governments, educational institutions, trade associations, scientific organizations, businesses, and other organizations with expertise and experience in water conservation. SEC. 7. TECHNICAL ASSISTANCE TO STATES AND MUNICIPALITIES. (a) The Office of Water Conservation shall, acting alone or through a contracting party or parties, provide technical assistance to States, Indian tribes, public and private water utilities, local governmental entities, and other appropriate public agencies and authorities in their efforts to-- (1) conduct promotional and educational campaigns to encourage consumers to use water more efficiently; (2) implement financial or other incentives for users of water to conserve, including but not limited to universal metering of water users and reform of water rates to promote conservation; (3) detect and correct leaks in water distribution and collection systems; (4) promote, distribute, and install water-saving technologies, fixtures, or equipment for users of water; (5) incorporate water-saving technologies into building codes and standards; (6) establish coordinated regional management of water and sewer systems; (7) audit water use; (8) reclaim, recycle, and reuse waste-water; (9) promote water efficient vegetative cover and landscaping; and (10) otherwise achieve beneficial reductions in water use or water losses. (b)(1) The Office of Water Conservation, acting alone or through a contracting party or parties, shall, using all available means at its disposal (including but not limited to contacts with other offices in the Agency, with other Federal agencies, with State, Indian tribe, and local governments, researchers, trade associations, not-for-profit associations, educational institutions, and the news media), regularly publicize to potential recipients of such assistance the programs, offerings, and activities of the Agency with respect to water conservation. (2) In order to better target limited resources to potential recipients, the Office of Water Conservation shall regularly consult with the major water resources development agencies (including but not limited to the Bureau of Reclamation, the United States Army Corps of Engineers, and the Soil Conservation Service) to determine which States, Indian tribes, areas, water utilities, and municipalities are facing present or future water supply capacity shortfalls. The Office of Water Conservation shall also regularly consult with other offices within the Office of Water Conservation to determine which States, Indian tribes, areas, water utilities, and municipalities are facing present or future water supply and waste water treatment capacity shortfalls. (c) The Office of Water Conservation, acting alone or through a contracting party or parties, shall develop, update, maintain, and actively disseminate a series of model water conservation programs for States, Indian tribes, water utilities, and municipalities. Such programs shall include policy options and alternatives to serve the needs of all States, Indian tribes, water utilities, and municipalities with attention to differences in population, region of the country, and existing policy-making, legal, and regulatory structures. Special consideration shall be given to small communities facing needs whose costs outstrip their revenue-raising abilities. (d)(1) Any State, Indian tribe, water utility, municipality, or group thereof may request the Office of Water Conservation to undertake a study of the feasibility, impacts, costs, and benefits of its current and potential water conservation activities and to recommend actions for beneficial reductions in water use or loss. Such studies shall be prioritized by the Administrator based on need and potential for avoiding damage to the environment and for reducing costs to the Federal Government, State, Indian tribe, and local governments for water supply and waste water treatment facilities. The Administrator shall attempt to balance studies among different sizes of communities in different regions of the country. The Office of Water Conservation, acting alone or through a contracting party or parties, shall conduct such studies in a timely and orderly manner to the extent that resources permit. Funds allocated for such studies of States, Indian tribes, water utilities and municipalities serving populations of more than 5,000 shall be matched on the basis of not less than 1 non-Federal dollar (in cash or in-kind) for every Federal dollar. Studies of smaller water utilities and municipalities shall be conducted at full Federal cost. (2) To support a least-cost approach to water planning, any Federal agency, its review or study of local, Indian tribe, State, or regional water resources or projects which include or may reasonably be expected at some future date to include water supplies for municipal or industrial purposes, may request the Office of Water Conservation to study the impact, feasibility, costs, and benefits of water conservation activities on current and projected water resources needs. Such studies shall be prioritized by the Administrator based on his preliminary assessment of their potential for avoiding damage to the environment and for reducing costs to the Federal Government, State, Indian tribe, and local governments for water supply facilities. Such studies shall be conducted by the Office of Water Conservation, acting alone or through a contracting party or parties, in cooperation with the requesting Federal agency. Funds allocated for such studies shall be matched on the same basis as funds allocated for the broader study being conducted by the requesting Federal agency. (e) The Administrator may direct the Office of Water Conservation, acting alone or through a contracting party or parties, to conduct periodic reviews of water conservation programs and activities in States, Indian tribes, water utility service areas, municipalities, or groups thereof which have been studied by the Office of Water Conservation, acting alone or through a contracting party or parties, under subsection (d) of this section. Such reviews shall be used to evaluate the effectiveness of various measures and to assist the Office of Water Conservation and its contracting parties in providing technical assistance to the evaluated State, Indian tribe, water utility, municipality, or group thereof and to other States, Indian tribes, water utilities, municipalities, and groups thereof. (f) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended as follows: (1) In section 601(a) immediately preceding `(3)', striking out `and' and immediately before the period at the end thereof insert a comma and the following: `and (4) for conducting municipal and industrial water conservation activities which will reduce operating and capital costs of and needs for waste water treatment facilities'. (2) In the first sentence of section 603(c), immediately preceding `(3)' strike out `and', and immediately before the period at the end thereof insert a comma and the following: `and (4) for conducting municipal and industrial water conservation activities which will reduce operating and capital costs of and needs for waste water treatment facilities'. SEC. 8. TECHNICAL ASSISTANCE TO BUSINESSES AND INSTITUTIONS. (a) The Office of Water Conservation, acting alone or through a contracting party or parties, shall provide technical assistance to businesses and institutions in their efforts to-- (1) conduct promotional and educational campaigns to encourage employees to use water more efficiently; (2) implement financial or other incentives for users of water to conserve, including but not limited to internal cost accounting for water charges; (3) detect and correct leaks in plumbing systems; (4) retrofit water-using fixtures, equipment, and appliances with more water-efficient models; (5) adopt technologies, processes, and methods which use less water than current practices; (6) audit water use; (7) reclaim, recycle, and reuse waste water; (8) plant and care for water-efficient vegetative cover and landscaping; and (9) otherwise achieve beneficial reductions in water use or water losses. (b) The Office of Water Conservation shall, acting alone or through a contracting party or parties, provide technical assistance under this section only upon request of the receiving business or institution, either directly or through an association of similar businesses or institutions. The Office of Water Conservation, acting alone or through a contracting party or parties, shall, using all available means at its disposal (including but not limited to contacts with other offices in the Agency, with other Federal agencies, with State, Indian tribe, and local governments, researchers, trade associations, not-for-profit educational associations, and the news media) regularly publicize to potential recipients of such assistance the programs, offerings, and activities of the Agency with respect to water conservation. (c) The Office of Water Conservation, acting alone or through a contracting party or parties, shall develop, update, maintain, and actively disseminate a series of model water conservation programs for businesses and institutions. Such programs shall include policy options and alternatives to serve the water conservation needs of all major water-using businesses (including the manufacturing, commercial, and service sectors) and institutions (including schools, hospitals, and government agencies). (d) Any business or institution, directly or through an association of similar businesses or institutions, may request the Office of Water Conservation to undertake a study of its potential for water conservation and to recommend actions for beneficial reductions in water use or loss. Such studies shall be prioritized by the Administrator based on the potential for significant benefits to the Nation or a geographic region. The Office of Water Conservation, acting alone or through a contracting party or parties, shall conduct such studies in a timely and orderly manner to the extent that resources permit. Any funds allocated for such studies shall be reimbursed entirely by the receiving business or institution (or association of similar business or institutions). (e) The Administrator may direct the Office of Water Conservation, acting alone or through a contracting party or parties, to conduct periodic reviews of water conservation programs and activities in businesses or institutions which have been studied by the Office of Water Conservation under section 7(d) of this Act or upon request of the affected business or institution. Such reviews shall be used to evaluate the effectiveness of various measures and to assist the Office of Water Conservation and its contracting parties in providing technical assistance to the evaluated business or institution and to other businesses and institutions. SEC. 9. NATIONAL CLEARINGHOUSE ON WATER CONSERVATION. (a) The Administrator shall establish and oversee a National Clearinghouse on Water Conservation to collect, analyze, and disseminate information on water conservation technologies and practices and to promote their widespread adoption by public and private water utilities, and commercial, industrial, and residential consumers. (b) Such information shall include but not be limited to-- (1) consumer education; (2) leak detection and repair; (3) water-efficient vegetative cover and landscaping; (4) metering of water usage; (5) pricing of water, including seasonal or drought pricing schedules; (6) water-efficient residential devices, fixtures, appliances, and practices; (7) water-efficient commercial and industrial devices, fixtures, appliances, and practices (including reclamation, recycling, and reuse of waste water); (8) preparation of water use audits; (9) case histories of specific water conservation efforts by States, municipalities, businesses, and institutions; (10) directories of individuals willing to be contacted about their water conservation research or efforts; and (11) studies, reports, and other information compiled under this Act and related authorities. (c) The Clearinghouse shall collect reliable water conservation information from and provide it free of charge to Federal agencies, the States, Indian tribes, local governmental entities, other appropriate public agencies and authorities, not-for-profit institutions and organizations, businesses and industries, researchers, private individuals, and others in a position to derive or increase the public benefits offered by these technologies, methods, and practices. SEC. 10. ADVISORY COUNCIL ON WATER CONSERVATION. (a) There is established an Advisory Council on Water Conservation. (b) The Council shall-- (1) advise, consult with, and make recommendations to the Administrator on matters relating to activities, functions, and policies of the Agency under this Act; (2) within 12 months following the date of the enactment of this Act, and biennially thereafter, submit to Congress, after providing for public review and comment, a report which shall-- (A) describe the activities undertaken pursuant to this Act and related statutes since the most recent report, noting significant successes and failures; and (B) identify major obstacles to promoting wiser use of the Nation's water resources and make recommendations for actions to address these obstacles. (c) The Office of Water Conservation shall provide staff support to the Council. (d) The Council shall consist of 13 members. Three members shall be appointed by the President to represent Federal agencies listed in section 6(b) of this Act. Ten members shall be appointed by the Administrator, with attention to providing for broad representation of the various regions of the country and the professions related to water resource management, as follows-- (1) 4 members shall be appointed to represent State and municipal governments and water utilities, at least one of which shall represent communities or water utilities serving populations under 5,000; (2) 2 members shall be appointed to represent not-for-profit organizations of scientists, engineers, or other technical experts; (3) 2 members shall be appointed to represent business and industry; and (4) 2 members shall be appointed to represent not-for-profit organizations involved in water conservation. (e) The Council shall annually select one member who does not represent a Federal agency to serve as its Chairperson. The Chairperson shall call regular meetings and otherwise coordinate the activities of the Council at the direction of the Council. (f) Each member of the Council shall hold office for a term of 3 years, except that-- (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; (2) the terms of the members first taking office as appointed by the President shall expire 2 years after the date of enactment of this Act; and (3) the terms of the members taking office as appointed by the Administrator shall expire as follows: 5 shall expire 1 year after the date of enactment of this Act, and 5 shall expire 3 years after the date of enactment of this Act, as designated by the Administrator at the time of appointment. (g) Members of the Council representing Federal agencies shall not receive additional compensation for their service on the Council but shall have their expenses and leave time covered by their agencies. Members of the Council appointed by the Administrator shall, while attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allowances at a rate to be fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. (h) Section 14(a) of the Federal Advisory Committee Act relating to termination shall not apply to the Council. SEC. 11. ENVIRONMENTAL IMPACT STUDIES. The President's Council on Environmental Quality, no later than 1 year after the date of the enactment of this Act, shall by rulemaking explicitly require the consideration of water conservation and water conservation activities in all relevant environmental impact studies conducted in accordance with section 102 of the National Environmental Policy Act of 1969. SEC. 12. FUNDING. For each of the fiscal years 1990, 1991, 1992, 1993, and 1994, there is authorized to be appropriated such amount, not to exceed $10,000,000, as may be necessary to carry out this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the House Committee on Interior and Insular Affairs.
Referred to the House Committee on Public Works + Transportation.
Referred to the Subcommittee on Department Operations, Research, and Foreign Agriculture.
Referred to the Subcommittee on Conservation Credit and Rural Development.
Executive Comment Requested from EPA, OMB.
Referred to the Subcommittee on Water Resources.
Referred to the Subcommittee on Water, Power and Offshore Energy Resources.
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