Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act.
Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements.
Directs the Administrator to assist states in establishing simplified procedures for small water systems (serving populations of 20,000 or less) to obtain assistance under the Act.
Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; (4) financially distressed communities; and (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds.
Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1314 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1314
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2005
Mr. Voinovich (for himself and Mr. Stevens) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
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 ``Clean Water Infrastructure Financing
Act of 2005''.
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all
that follows through the period at the end and inserting ``to
accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C.
1382(b)(6)) is amended--
(1) by striking ``before fiscal year 1995''; and
(2) by striking ``201(b)'' and all that follows through
``218,'' and inserting ``211,''.
(b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, after providing
notice and opportunity for public comment, the Administrator
shall publish--
``(A) a manual to assist small systems in obtaining
assistance under this title; and
``(B) in the Federal Register, notice of the
availability of the manual.
``(3) Definition of small system.--In this title, the term
`small system' means a system for which a municipality or
intermunicipal, interstate, or State agency seeks assistance
under this title and that serves a population of 20,000 or
fewer inhabitants.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (c) and inserting the following:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The water pollution control revolving
fund of a State shall be used only for providing financial
assistance for activities that have, as a principal benefit,
the improvement or protection of the water quality of navigable
waters to a municipality, intermunicipal, interstate, or State
agency, or other person, including activities such as--
``(A) construction of a publicly owned treatment
works;
``(B) implementation of lake protection programs
and projects under section 314;
``(C) implementation of a nonpoint source
management program under section 319;
``(D) implementation of an estuary conservation and
management plan under section 320;
``(E) restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights;
``(F) implementation of measures to improve the
efficiency of public water use;
``(G) development and implementation of plans by a
public recipient to prevent water pollution; and
``(H) acquisition of land necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--
``(A) Repayments.--The water pollution control
revolving fund of a State shall be established,
maintained, and credited with repayments.
``(B) Availability.--The balance in the fund shall
be available in perpetuity for providing financial
assistance described in paragraph (1).
``(C) Fees.--Fees charged by a State to recipients
of the assistance may be deposited in the fund and may
be used only to pay the cost of administering this
title.''.
(b) Extended Repayment Period for Financially Distressed
Communities.--Section 603(d)(1) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A), by inserting after ``20 years''
the following: ``or, in the case of a financially distressed
community, the lesser of 40 years or the expected life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B), by striking ``not later than 20
years after project completion'' and inserting ``on the
expiration of the term of the loan''.
(c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5)
and inserting the following:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies;''.
(d) Administrative Expenses.--Section 603(d)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: ``or the greater
of $400,000 per year or an amount equal to \1/2\ percent per year of
the current valuation of the fund, plus the amount of any fees
collected by the State under subsection (c)(2)(C)''.
(e) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that the amounts used under this paragraph for a fiscal
year shall not exceed 2 percent of all grants provided to the
fund for the fiscal year under this title.''.
(f) Consistency With Planning Requirements.--Section 603(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by
striking ``is consistent'' and inserting ``is not inconsistent''.
(g) Construction Assistance.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (g) and inserting the following:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from the water pollution control revolving
fund of the State for a project for construction of a publicly
owned treatment works only if the project is on the priority
list of the State under section 216, without regard to the rank
of the project on the list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Principal Subsidization.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end
the following:
``(i) Principal Subsidization.--
``(1) In general.--Subject to paragraph (2), in a case in
which a State makes a loan under subsection (d)(1) to a
financially distressed community, the State may provide
additional subsidization to the loan recipient (including
forgiveness of principal).
``(2) Limitation.--For each fiscal year, the total amount
of loan subsidies made by a State under this subsection shall
not exceed 30 percent of the amount of the capitalization grant
received by the State for that fiscal year.
``(j) Information to Assist States.--The Administrator may publish
information to assist States in establishing the affordability criteria
referred to in subsection (l).
``(k) Priority.--In making a loan under this section, a State may
give priority to a financially distressed community.
``(l) Definition of Financially Distressed Community.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria that are--
``(1) established by the State in which the community is
located; and
``(2) developed after public review and comment.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums:'' and all that
follows through the period at the end of paragraph (5) and inserting
``$4,000,000,000 for each of fiscal years 2006 through 2010.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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