Water Infrastructure Financing Act - Title I: Water Pollution Infrastructure - (Sec. 101) Amends the Federal Water Pollution Control Act (FWPCA) to establish a grant program for qualified nonprofit technical assistance providers of water and wastewater services that assist treatment works serving small rural communities (not more than 10,000 users). Requires grant recipients to report annually to the Administrator of the Environmental Protection Agency (EPA) on their activities. Authorizes appropriations for FY2006-FY2010.
Directs the Administrator to assist states in establishing simplified procedures for small systems (serving 10,000 or fewer individuals) seeking technical assistance.
(Sec. 102) Expands the list of projects for which state water pollution control revolving funds may be used.
(Sec. 103) Authorizes the use of water pollution control revolving funds for projects included in state nonpoint source management programs and estuary conservation and management plans operated by a municipal, intermunicipal, or interstate entity, a state, a public or private utility, a corporation, a partnership, an association, or a nonprofit agency. Requires project loans to be fully amortized within 30 years after project completion.
(Sec. 104) Authorizes states to provide additional assistance, including loan forgiveness, to disadvantaged communities (defined as treatment works service areas or portions thereof that meet state affordability criteria). Limits the total loan subsidy to not more than 30% of the state's capitalization grant for the fiscal year. Authorizes a state to provide extended loan terms. Authorizes the Administrator to publish information to assist states in establishing affordability criteria for purposes of identifying disadvantaged communities.
(Sec. 105) Authorizes the governor of a state to transfer a percentage of federal capitalization grants between water pollution control revolving funds and drinking water treatment revolving funds.
(Sec. 106) Increases from 4 to 6% the portion of state water pollution control revolving funds a state is authorized to set aside for program administration.
(Sec. 107) Sets forth a system for prioritizing projects eligible for water pollution control revolving fund assistance that requires states to: (1) give greater weight to applications by treatment works containing specified information; (2) take into consideration appropriate chemical, physical, and biological data; (3) provide for public notice and opportunity to comment on priority projects; (4) biennially publish summary descriptions of eligible projects; and (5) ensure that funded projects are designed to achieve optimum water quality management.
(Sec. 108) Denies assistance to publicly-owned treatment works that have been in significant noncompliance with FWPCA requirements.
(Sec. 109) Establishes a formula for the allocation of federal funds to state water pollution control revolving funds. Requires the Administrator to allocate 1.5% of funding to Indian tribes.
(Sec. 110) Authorizes appropriations for FY2006-FY2010. Reserves up to $1 million of such funding for conducting needs surveys required by FWPCA.
(Sec. 111) Requires the Administrator to establish a grant program for watershed restoration through the protection or improvement of water quality. Sets forth criteria for project selection, distribution of funding, and cost sharing. Authorizes appropriations for FY2006-FY2010.
(Sec. 112) Requires all projects financed by water pollution control revolving loan funds to meet federal prevailing wage requirements under the Davis-Bacon Act.
Title II: Safe Drinking Water Infrastructure - (Sec. 201) Amends the Safe Drinking Water Act (SDWA) to permit funding of costs for: (1) planning, design, and preconstruction; and (2) replacement or rehabilitation of aging treatment, storage, or distribution facilities of public water systems or capital projects to upgrade the security of public water systems.
(Sec. 202) Redefines "disadvantaged communities" for purposes of state subsidization to include portions of service areas of public water systems.
(Sec. 203) Revises requirements for state safe drinking water revolving loan funds to: (1) permit states to reserve up to six percent of funding for administrative costs; (2) eliminate matching requirements; (3) permit states to transfer up to 33% of funding into a clean water revolving fund.
(Sec. 204) Allows the use of state safe drinking water revolving loan funds for implementation of source water protection plans. Establishes a priority system for the use of such funds. Authorizes appropriations for FY2006-FY2010 for such funds. Reserves up to $1 million for conducting needs surveys required by SDWA.
(Sec. 207) Requires the Administrator to establish a grant program to assist community water systems in meeting the requirements of the Safe Drinking Water Act. Authorizes appropriations for FY2006-FY2010.
(Sec. 208) Authorizes the Administrator to make grants to private nonprofit entities to establish small water system revolving loan funds for predevelopment and short-term costs. Authorizes appropriations for FY2006-FY2010.
(Sec. 209) Directs the Administrator to: (1) enter into a cooperative agreement with the National Academy of Sciences to study plumbing components; and (2) report to Congress on such study. Authorizes appropriations.
(Sec. 210) Authorizes appropriations for FY2006-FY2010 for lead service line replacement in the District of Columbia. Sets aside $2 million per year for assistance to low-income residents for the replacement of privately-owned portions of lead service lines. Limits individual grants to $5,000.
(Sec. 211) Requires the Administrator to: (1) report to Congress on contaminant prevention, detection, and response activities; and (2) develop and carry out an implementation plan for such activities. Authorizes appropriation for FY2006-FY2010.
(Sec. 212) Directs the Administrator to ensure that laborers and mechanics employed by contractors and subcontractors on projects financed by safe drinking water revolving loan funds are paid in accordance with prevailing wage rates as determined under the Davis-Bacon Act.
Title III: Miscellaneous - (Sec. 302) Requires the Administrator to: (1) establish a grant program for research and development on the use of innovative and alternative technologies to improve water quality or drinking water supply; (2) establish a nationwide demonstration grant program to promote innovations in technology and alternative approaches to water quality management or water supply or to reduce costs to municipalities incurred in complying with the Federal Water Pollution Control Act and the Safe Drinking Water Act; and (3) report to specified congressional committees on the results of such demonstration program. Authorizes appropriations for FY2006-FY2010.
(Sec. 303) Directs the Administrator to provide to eligible states one or more capitalization grants to establish an agricultural pollution control technology state revolving fund. Requires states with a revolving fund to provide loans to agricultural producers to design and construct agricultural pollution control projects. Authorizes appropriations.
(Sec. 304) Requires the Administrator to: (1) identify ways to expedite and improve the application and review process for obtaining assistance from state water pollution and drinking water treatment revolving loan funds; (2) take necessary administrative action to expedite and improve the process; and (3) submit recommendations to Congress to further streamline and improve the process.
(Sec. 305) Requires the Administrator to: (1) contract with the National Academy of Sciences to study the means by which selected public water systems and treatment works meet the costs associated with operations, maintenance, capital replacement, and regulatory requirements; and (2) report to Congress on the results of such study and make such results available to publicly-owned treatment works and public water systems for use in determining, on a voluntary basis, whether new approaches may be implemented. Establishes requirements for such study, including a survey of each state and disadvantaged communities in each state. Authorizes appropriations for FY2006-FY2007.
(Sec. 306) Directs the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to: (1) assess water resources in the United States every two years after enactment of this Act; (2) coordinate federal and state agencies to develop and publish a list of water resource research priorities; (3) develop an effective information delivery system to communicate information on water resources; and (4) report to Congress on such activities. Authorizes appropriations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1400
To amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to improve water and wastewater infrastructure in the United
States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2005
Mr. Chafee (for himself, Mrs. Clinton, Mr. Inhofe, and Mr. Jeffords)
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 and the Safe Drinking
Water Act to improve water and wastewater infrastructure in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Infrastructure Financing Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--WATER POLLUTION INFRASTRUCTURE
Sec. 101. Technical assistance for rural and small treatment works.
Sec. 102. Projects eligible for assistance.
Sec. 103. Water pollution control revolving loan funds.
Sec. 104. Affordability.
Sec. 105. Transferability of funds.
Sec. 106. Costs of administering water pollution control revolving loan
funds.
Sec. 107. Water pollution control revolving loan funds.
Sec. 108. Noncompliance.
Sec. 109. Authorization of appropriations.
Sec. 110. Critical water infrastructure projects.
TITLE II--SAFE DRINKING WATER INFRASTRUCTURE
Sec. 201. Preconstruction work.
Sec. 202. Affordability.
Sec. 203. Safe drinking water revolving loan funds.
Sec. 204. Other authorized activities.
Sec. 205. Priority system requirements.
Sec. 206. Authorization of appropriations.
Sec. 207. Critical drinking water infrastructure projects.
Sec. 208. Small system revolving loan funds.
Sec. 209. Study on lead contamination in drinking water.
Sec. 210. District of Columbia lead service line replacement.
TITLE III--MISCELLANEOUS
Sec. 301. Definitions.
Sec. 302. Demonstration grant program for water quality enhancement and
management.
Sec. 303. Agricultural pollution control technology grant program.
Sec. 304. State revolving fund review process.
Sec. 305. Cost of service study.
Sec. 306. Water resources study.
TITLE I--WATER POLLUTION INFRASTRUCTURE
SEC. 101. TECHNICAL ASSISTANCE FOR RURAL AND SMALL TREATMENT WORKS.
(a) In General.--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:
``SEC. 222. TECHNICAL ASSISTANCE FOR RURAL AND SMALL TREATMENT WORKS.
``(a) Definition of Qualified Nonprofit Technical Assistance
Provider.--In this section, the term `qualified nonprofit technical
assistance provider' means a qualified nonprofit technical assistance
provider of water and wastewater services to small rural communities
that provide technical assistance to treatment works (including circuit
rider programs and training and preliminary engineering evaluations)
that--
``(1) serve not more than 10,000 users; and
``(2) may include a State agency.
``(b) Grant Program.--
``(1) In general.--The Administrator may make grants to
qualified nonprofit technical assistance providers that are
qualified to provide assistance on a broad range of wastewater
and stormwater approaches--
``(A) to assist small treatment works to plan,
develop, and obtain financing for eligible projects
described in section 603(c);
``(B) to capitalize revolving loan funds to provide
loans, in consultation with the State in which the
assistance is provided, to rural and small
municipalities for predevelopment costs (including
costs for planning, design, associated preconstruction,
and necessary activities for siting the facility and
related elements) associated with wastewater
infrastructure projects or short-term costs incurred
for equipment replacement that is not part of regular
operation and maintenance activities for existing
wastewater systems, if--
``(i) any loan from the fund is made at or
below the market interest rate, for a term not
to exceed 10 years;
``(ii) the amount of any single loan does
not exceed $100,000; and
``(iii) all loan repayments are credited to
the fund;
``(C) to provide technical assistance and training
for rural and small publicly owned treatment works and
decentralized wastewater treatment systems to enable
those treatment works and systems to protect water
quality and achieve and maintain compliance with this
Act; and
``(D) to disseminate information to rural and small
municipalities with respect to planning, design,
construction, and operation of publicly owned treatment
works and decentralized wastewater treatment systems.
``(2) Distribution of grant.--In carrying out this
subsection, the Administrator shall ensure, to the maximum
extent practicable, that technical assistance provided using
funds from a grant under paragraph (1) is made available in
each State.
``(3) Consultation.--As a condition of receiving a grant
under this subsection, a qualified nonprofit technical
assistance provider shall consult with each State in which
grant funds are to be expended or otherwise made available
before the grant funds are expended or made available in the
State.
``(4) Annual report.--For each fiscal year, a qualified
nonprofit technical assistance provider that receives a grant
under this subsection shall submit to the Administrator a
report that--
``(A) describes the activities of the qualified
nonprofit technical assistance provider using grant
funds received under this subsection for the fiscal
year; and
``(B) specifies--
``(i) the number of communities served;
``(ii) the sizes of those communities; and
``(iii) the type of financing provided by
the qualified nonprofit technical assistance
provider.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2006 through 2010.''.
(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) Definition of small system.--In this subsection, the
term `small system' means a system--
``(A) for which a municipality or intermunicipal,
interstate, or State agency seeks assistance under this
title; and
``(B) that serves a population of 10,000 or fewer
households.
``(2) 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.
``(3) 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.''.
SEC. 102. PROJECTS 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) Projects Eligible for Assistance.--Funds in each State water
pollution control revolving fund shall be used only for--
``(1) providing financial assistance to any municipality or
an intermunicipal, interstate, or State agency that principally
treats municipal wastewater or domestic sewage for construction
(including planning, design, associated preconstruction, and
activities relating to the siting of a facility) of a treatment
works (as defined in section 212);
``(2) implementation of a management program established
under section 319;
``(3) development and implementation of a conservation and
management plan under section 320;
``(4) providing financial assistance to a municipality or
an intermunicipal, interstate, or State agency for projects to
increase the security of wastewater treatment works (excluding
any expenditure for operations or maintenance);
``(5) providing financial assistance to a municipality or
an intermunicipal, interstate, or State agency for measures to
control municipal stormwater, the primary purpose of which is
the preservation, protection, or enhancement of water quality;
``(6) water conservation projects, the primary purpose of
which is the protection, preservation, and enhancement of water
quality; or
``(7) reuse, reclamation, and recycling projects, the
primary purpose of which is the protection, preservation, and
enhancement of water quality.''.
SEC. 103. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
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 carry out a project under paragraph (2) or (3) of
section 601(a), which may be--
``(A) operated by a municipal, intermunicipal, or
interstate entity, State, public or private utility,
corporation, partnership, association, or nonprofit
agency; and
``(B) used to make loans that will be fully
amortized not later than 30 years after the date of the
completion of the project.''.
SEC. 104. AFFORDABILITY.
(a) In General.--Section 603 of the Federal Water Pollution Control
Act (33 U.S.C. 1383) is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Types of Assistance for Disadvantaged Communities.--
``(1) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means the
service area, or portion of a service area, of a treatment
works that meets affordability criteria established after
public review and comment by the State in which the treatment
works is located.
``(2) Loan subsidy.--Notwithstanding any other provision of
this section, in a case in which the State makes a loan from
the water pollution control revolving loan fund in accordance
with subsection (c) to a disadvantaged community or a community
that the State expects to become a disadvantaged community as
the result of a proposed project, the State may provide
additional subsidization, including--
``(A) the forgiveness of the principal of the loan;
and
``(B) an interest rate on the loan of zero percent.
``(3) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by the State pursuant to
this subsection may not exceed 30 percent of the amount of the
capitalization grant received by the State for the fiscal year.
``(4) Extended term.--A State may provide an extended term
for a loan if the extended term--
``(A) terminates not later than the date that is 30
years after the date of completion of the project; and
``(B) does not exceed the expected design life of
the project.
``(5) Information.--The Administrator may publish
information to assist States in establishing affordability
criteria described in paragraph (1).''.
(b) Conforming Amendment.--Section 221(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1301(d)) is amended in the second
sentence by striking ``603(h)'' and inserting ``603(i)''.
SEC. 105. TRANSFERABILITY OF FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 104(a)(1)) is amended by adding at the end
the following:
``(j) Transfer of Funds.--
``(1) In general.--The Governor of a State may--
``(A)(i) reserve not more than 33 percent of a
capitalization grant made under this title; and
``(ii) add the funds reserved to any funds provided
to the State under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12); and
``(B)(i) reserve for any year an amount that does
not exceed the amount that may be reserved under
subparagraph (A) for that year from capitalization
grants made under section 1452 of that Act (42 U.S.C.
300j-12); and
``(ii) add the reserved funds to any funds provided
to the State under this title.
``(2) State match.--Funds reserved under this subsection
shall not be considered to be a State contribution for a
capitalization grant required under this title or section
1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)).''.
SEC. 106. COSTS OF ADMINISTERING WATER POLLUTION CONTROL REVOLVING LOAN
FUNDS.
Section 603(d)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1383(d)(7)) is amended by striking ``4 percent'' and inserting
``6 percent''.
SEC. 107. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended by striking subsection (h) (as redesignated by section
104) and inserting the following:
``(h) Priority System Requirement.--
``(1) Definitions.--In this subsection:
``(A) Restructuring.--The term `restructuring'
means--
``(i) the consolidation of management
functions or ownership with another facility;
or
``(ii) the formation of cooperative
partnerships.
``(B) Traditional wastewater approach.--The term
`traditional wastewater approach' means a managed
system used to collect and treat wastewater from an
entire service area consisting of--
``(i) collection sewers;
``(ii) a centralized treatment plant using
biological, physical, or chemical treatment
processes; and
``(iii) a direct point source discharge to
surface water.
``(2) Priority system.--In providing financial assistance
from the water pollution control revolving fund of the State,
the State shall--
``(A) give greater weight to an application for
assistance by a treatment works if the application
includes such other information as the State determines
to be appropriate and--
``(i) an inventory of assets, including a
description of the condition of those assets;
``(ii) a schedule for replacement of the
assets;
``(iii) a financing plan indicating sources
of revenue from ratepayers, grants, bonds,
other loans, and other sources;
``(iv) a review of options for
restructuring the treatment works;
``(v) a review of options for approaches
other than a traditional wastewater approach
that may include actions or projects that treat
or minimize sewage or urban stormwater
discharges using--
``(I) decentralized or distributed
stormwater controls;
``(II) decentralized wastewater
treatment;
``(III) low impact development
technologies;
``(IV) stream buffers;
``(V) wetland restoration; or
``(VI) actions to minimize the
quantity of and direct connections to
impervious surfaces;
``(vi) demonstration of consistency with
State, regional, and municipal watershed plans;
``(vii) a review of options for urban
waterfront development or brownfields
revitalization to be completed in conjunction
with the project; or
``(viii) provides the applicant the
flexibility through alternative means to carry
out responsibilities under Federal regulations,
that may include watershed permitting and other
innovative management approaches, while
achieving results that--
``(I) the State, with the delegated
authority under section 402(a)(5),
determines meet permit requirements for
permits that have been issued in
accordance with the national pollution
discharge elimination system under
section 402; or
``(II) the Administrator determines
are measurably superior when compared
to regulatory standards;
``(B) take into consideration appropriate chemical,
physical, and biological data that the State considers
reasonably available and of sufficient quality;
``(C) provide for public notice and opportunity to
comment on the establishment of the system and the
summary under subparagraph (D);
``(D) publish not less than biennially in summary
form a description of projects in the State that are
eligible for assistance under this title that
indicates--
``(i) the priority assigned to each project
under the priority system of the State; and
``(ii) the funding schedule for each
project, to that extent the information is
available; and
``(E) ensure that projects undertaken with
assistance under this title are designed to achieve, as
determined by the State, the optimum water quality
management, consistent with the public health and water
quality goals and requirements of this title.
``(3) Savings clause.--Nothing in paragraph (2)(A)(viii)
affects the authority of the Administrator under section
402(a)(5).''.
SEC. 108. NONCOMPLIANCE.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 105) is amended by adding at the end the
following:
``(k) Noncompliance.--
``(1) In general.--Except as provided in paragraph (2), no
assistance (other than assistance that is to be used by a
treatment works solely for planning, design, or security
purposes) shall be provided under this title to a treatment
works that has been in significant noncompliance with any
requirement of this Act for any of the 4 quarters in the
previous 8 quarters, unless the treatment works is in
compliance with, or has entered into, an enforceable
administrative order to effect compliance with the requirement.
``(2) Exception.--A treatment works that is determined
under paragraph (1) to be in significant noncompliance with a
requirement described in that paragraph may receive assistance
under this title if the Administrator and the State providing
the assistance determine that--
``(A) the entity conducting the enforcement action
on which the determination of significant noncompliance
is based has determined that the use of assistance
would enable the treatment works to take corrective
action toward resolving the violations; or
``(B) the entity conducting the enforcement action
on which the determination of significant noncompliance
is based has determined that the assistance would be
used on a portion of the treatment works that is not
directly related to the cause of finding significant
noncompliance.''.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
The Federal Water Pollution Control Act is amended by striking
section 607 (33 U.S.C. 1387) and inserting the following:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $3,200,000,000 for each of fiscal years 2006 and
2007;
``(2) $3,600,000,000 for fiscal year 2008;
``(3) $4,000,000,000 for fiscal year 2009; and
``(4) $6,000,000,000 for fiscal year 2010.
``(b) Availability.--Amounts made available under this section
shall remain available until expended.
``(c) Reservation for Needs Surveys.--Of the amount made available
under subsection (a) to carry out this title for a fiscal year, the
Administrator may reserve not more than $1,000,000 per year to pay the
costs of conducting needs surveys under section 516(2).''.
SEC. 110. CRITICAL WATER INFRASTRUCTURE PROJECTS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program
under which grants are provided to eligible entities for use in
carrying out projects and activities the primary purpose of which is
watershed restoration through the protection or improvement of water
quality.
(b) Project Selection.--
(1) In general.--The Administrator may provide funds under
this section to an eligible entity to carry out an eligible
project described in paragraph (2).
(2) Equitable distribution.--The Administrator shall ensure
an equitable distribution of projects under this section,
taking into account cost and number of requests for each
category listed in paragraph (3).
(3) Eligible projects.--A project that is eligible to be
carried out using funds provided under this section may include
projects that--
(A) are listed on the priority list of a State
under section 216 of the Federal Water Pollution
Control Act (33 U.S.C. 1296);
(B) mitigate wet weather flows, including combined
sewer overflows, sanitary sewer overflows, and
stormwater discharges;
(C) upgrade publicly owned treatment works with a
permitted design capacity to treat an annual average of
at least 500,000 gallons of wastewater per day, the
upgrade of which would produce the greatest nutrient
load reductions at points of discharge, or result in
the greatest environmental benefits, with nutrient
removal technologies that are designed to reduce total
nitrogen in discharged wastewater to an average annual
concentration of 3 milligrams per liter;
(D) implement locally based watershed protection
plans created by local nonprofit organizations that--
(i) provide a coordinating framework for
management that focuses public and private
efforts to address the highest priority water-
related problems within a geographic area,
considering both ground and surface water flow;
and
(ii) includes representatives from both
point source and nonpoint source contributors;
(E) are contained in a State plan developed in
accordance with section 319 or 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1329, 1330); or
(F) include means to develop alternative water
supplies.
(c) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of--
(1) affected State and local governments; and
(2) public and private entities that are active in
watershed planning and restoration.
(d) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into a binding agreement with 1
or more non-Federal interests that shall require the non-Federal
interests--
(1) to pay 45 percent of the total costs of the project,
which may include services, materials, supplies, or other in-
kind contributions;
(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project; and
(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
(e) Waiver.--The Administrator may waive the requirement to pay the
non-Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under this section 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.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000,000 for each of fiscal
years 2006 through 2010.
TITLE II--SAFE DRINKING WATER INFRASTRUCTURE
SEC. 201. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended in the second sentence--
(1) by striking ``(not'' and inserting ``(including
expenditures for planning, design, and associated
preconstruction and for recovery for siting of the facility and
related elements but not''; and
(2) by inserting before the period at the end the
following: ``or to replace or rehabilitate aging collection,
treatment, storage (including reservoirs), or distribution
facilities of public water systems or provide for capital
projects to upgrade the security of public water systems''.
SEC. 202. AFFORDABILITY.
Section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)) is amended in the first sentence by inserting ``, or portion
of a service area,'' after ``service area''.
SEC. 203. SAFE DRINKING WATER REVOLVING LOAN FUNDS.
Section 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(g)) is amended--
(1) paragraph (2)--
(A) in the first sentence, by striking ``4'' and
inserting ``6''; and
(B) by striking ``1419,'' and all that follows
through ``1933.'' and inserting ``1419.''; and
(2) by adding at the end the following:
``(5) Transfer of funds.--
``(A) In general.--The Governor of a State may--
``(i)(I) reserve not more than 33 percent
of a capitalization grant made under this
section; and
``(II) add the funds reserved to any funds
provided to the State under section 601 of the
Federal Water Pollution Control Act (33 U.S.C.
1381); and
``(ii)(I) reserve for any fiscal year an
amount that does not exceed the amount that may
be reserved under clause (i)(I) for that year
from capitalization grants made under section
601 of that Act (33 U.S.C. 1381); and
``(II) add the reserved funds to any funds
provided to the State under this section.
``(B) State match.--Funds reserved under this
paragraph shall not be considered to be a State match
of a capitalization grant required under this section
or section 602(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1382(b)).''.
SEC. 204. OTHER AUTHORIZED ACTIVITIES.
Section 1452(k)(2)(D) of the Safe Drinking Water Act (42 U.S.C.
300j-12(k)(2)(D)) is amended by inserting before the period at the end
the following: ``(including implementation of source water protection
plans)''.
SEC. 205. PRIORITY SYSTEM REQUIREMENTS.
Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking subparagraph (A) and inserting the
following:
``(A) Definition of restructuring.--In this
paragraph, the term `restructuring' means changes in
operations (including ownership, accounting, rates,
maintenance, consolidation, and alternative water
supply).
``(B) Priority system.--An intended use plan shall
provide, to the maximum extent practicable, that
priority for the use of funds be given to projects
that--
``(i) address the most serious risk to
human health;
``(ii) are necessary to ensure compliance
with this title (including requirements for
filtration); and
``(iii) assist systems most in need on a
per-household basis according to State
affordability criteria.
``(C) Weight given to applications.--After
determining project priorities under subparagraph (B),
an intended use plan shall further provide that the
State shall give greater weight to an application for
assistance by a community water system if the
application includes such other information as the
State determines to be necessary and--
``(i) an inventory of assets, including a
description of the condition of the assets;
``(ii) a schedule for replacement of
assets;
``(iii) a financing plan indicating sources
of revenue from ratepayers, grants, bonds,
other loans, and other sources;
``(iv) a review of options for
restructuring the public water system;
``(v) demonstration of consistency with
State, regional, and municipal watershed plans;
or
``(vi) a review of options for urban
waterfront development or brownfields
revitalization to be completed in conjunction
with the project;''; and
(3) in subparagraph (D) (as redesignated by paragraph (1)),
by striking ``periodically'' and inserting ``at least
biennially''.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended by striking subsection (m) and inserting the following:
``(m) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $1,500,000,000 for fiscal year 2006;
``(B) $2,000,000,000 for each of fiscal years 2007
and 2008;
``(C) $3,500,000,000 for fiscal year 2009; and
``(D) $6,000,000,000 for fiscal year 2010.
``(2) Availability.--Amounts made available under this
subsection shall remain available until expended.
``(3) Reservation for needs surveys.--Of the amount made
available under paragraph (1) to carry out this section for a
fiscal year, the Administrator may reserve not more than
$1,000,000 per year to pay the costs of conducting needs
surveys under subsection (h).''.
SEC. 207. CRITICAL DRINKING WATER INFRASTRUCTURE PROJECTS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish a program under which grants are
provided to eligible entities for use in carrying out projects and
activities the primary purpose of which is to assist community water
systems in meeting the requirements of the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
(b) Project Selection.--A project that is eligible to be carried
out using funds provided under this section may include projects that--
(1) develop alternative water sources;
(2) provide assistance to small systems; or
(3) assist a community water system--
(A) to comply with a national primary drinking
water regulation; or
(B) to mitigate groundwater contamination.
(c) Eligible Entities.--An entity eligible to receive a grant under
this section is--
(1) a community water system as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f); or
(2) a system that is located in an area governed by an
Indian Tribe, as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f);
(d) Priority.--In prioritizing projects for implementation under
this section, the Administrator shall give priority to community water
systems that--
(1) serve a community that, under affordability criteria
established by the State under section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12), is determined by the
State to be--
(A) a disadvantaged community; or
(B) a community that may become a disadvantaged
community as a result of carrying out an eligible
activity; or
(2) serve a community with a population of less than 10,000
households.
(e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of, affected States, Tribes, and
local governments.
(f) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into a binding agreement with 1
or more non-Federal interests that shall require the non-Federal
interests--
(1) to pay 45 percent of the total costs of the project,
which may include services, materials, supplies, or other in-
kind contributions;
(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project; and
(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
(g) Waiver.--The Administrator may waive the requirement to pay the
non-Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under this section 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.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000,000 for each of fiscal
years 2006 through 2010.
SEC. 208. SMALL SYSTEM REVOLVING LOAN FUNDS.
Section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)) is amended--
(1) in the first sentence, by striking ``The Administrator
may provide'' and inserting the following:
``(1) In general.--The Administrator may provide''; and
(2) by adding at the end the following:
``(2) Small system revolving loan fund.--
``(A) In general.--In addition to amounts provided
under this section, the Administrator may provide
grants to qualified private, nonprofit entities to
capitalize revolving funds to provide financing to
eligible entities described in subparagraph (B) for--
``(i) predevelopment costs (including costs
for planning, design, associated
preconstruction, and necessary activities for
siting the facility and related elements)
associated with proposed water projects or with
existing water systems; and
``(ii) short-term costs incurred for
replacement equipment, small-scale extension
services, or other small capital projects that
are not part of the regular operations and
maintenance activities of existing water
systems.
``(B) Eligible entities.--To be eligible for
assistance under this paragraph, an entity shall be a
small water system (as described in section
1412(b)(4)(E)(ii)).
``(C) Maximum amount of loans.--The amount of
financing made to an eligible entity under this
paragraph shall not exceed--
``(i) $100,000 for costs described in
subparagraph (A)(i); and
``(ii) $100,000 for costs described in
subparagraph (A)(ii).
``(D) Term.--The term of a loan made to an eligible
entity under this paragraph shall not exceed 10 years.
``(E) Annual report.--For each fiscal year, a
qualified private, nonprofit entity that receives a
grant under subparagraph (A) shall submit to the
Administrator a report that--
``(i) describes the activities of the
qualified private, nonprofit entity under this
paragraph for the fiscal year; and
``(ii) specifies--
``(I) the number of communities
served;
``(II) the sizes of those
communities; and
``(III) the type of financing
provided by the qualified private,
nonprofit entity.
``(F) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $25,000,000 for each of fiscal years 2006
through 2010.''.
SEC. 209. STUDY ON LEAD CONTAMINATION IN DRINKING WATER.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall enter into a cooperative agreement with the National Academy of
Sciences to carry out a study to analyze existing market conditions for
plumbing components, including pipes, faucets, water meters, valves,
household valves, and any other plumbing components that come into
contact with water commonly used for human consumption.
(b) Components.--In conducting the study under subsection (a), the
National Academy of Sciences shall evaluate for each category of
plumbing components described in subsection (a)--
(1) the availability of plumbing components in each
category with lead content below 8 percent, including those
between 0 percent and 4 percent and those between 4 percent and
8 percent;
(2) the relative market share of the plumbing components;
(3) the relative cost of the plumbing components;
(4) the issues surrounding transition from current market
to plumbing components with not more than 0.2 percent lead;
(5) the feasibility of manufacturing plumbing components
with lead levels below 8 percent; and
(6) the use of lead alternatives in plumbing components
with lead levels below 8 percent.
(c) Report.--Not late than 1 year after the date of enactment of
this Act, the National Academy of Sciences 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 the findings of the study under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 210. DISTRICT OF COLUMBIA LEAD SERVICE LINE REPLACEMENT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out lead service line replacement in the District
of Columbia $30,000,000 for each of fiscal years 2007 through 2011.
(b) Lead Service Line Replacement Assistance Fund.--
(1) In general.--Of the funds provided under subsection
(a), not more than $2,000,000 per year may be allocated for
water service line replacement grants to provide assistance to
low-income residents to replace the privately-owned portion of
lead service lines.
(2) Limitation.--Individual grants shall be limited to not
more than $5,000.
(3) Definition of low income.--For the purpose of this
subsection, the term ``low-income'' shall be defined by the
District of Columbia.
TITLE III--MISCELLANEOUS
SEC. 301. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 302. DEMONSTRATION GRANT PROGRAM FOR WATER QUALITY ENHANCEMENT AND
MANAGEMENT.
(a) Establishment.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Administrator shall establish a
nationwide demonstration grant program to--
(A) promote innovations in technology and
alternative approaches to water quality management or
water supply; or
(B) reduce costs to municipalities incurred in
complying with--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
(2) Scope.--The demonstration grant program shall consist
of 10 projects each year, to be carried out in municipalities
selected by the Administrator under subsection (b).
(b) Selection of Municipalities.--
(1) Application.--A municipality that seeks to participate
in the demonstration grant program shall submit to the
Administrator a plan that--
(A) is developed in coordination with--
(i) the agency of the State having
jurisdiction over water quality or water supply
matters; and
(ii) interested stakeholders;
(B) describes water impacts specific to urban or
rural areas;
(C) includes a strategy under which the
municipality, through participation in the
demonstration grant program, could effectively--
(i) address water quality or water supply
problems; and
(ii) achieve the water quality goals that--
(I) could be achieved using more
traditional methods; and
(II) are required under--
(aa) the Federal Water
Pollution Control Act (33
U.S.C. 1251 et seq.); or
(bb) the Safe Drinking
Water Act (42 U.S.C. 300f et
seq.); and
(D) includes a schedule for achieving the water
quality or water supply goals of the municipality.
(2) Types of projects.--In carrying out the demonstration
grant program, the Administrator shall provide grants for
projects relating to water supply or water quality matters such
as--
(A) excessive nutrient growth;
(B) urban or rural population pressure;
(C) lack of an alternative water supply;
(D) difficulties in water conservation and
efficiency;
(E) lack of support tools and technologies to
rehabilitate and replace water supplies;
(F) lack of monitoring and data analysis for water
distribution systems;
(G) nonpoint source water pollution (including
stormwater);
(H) sanitary overflows;
(I) combined sewer overflows;
(J) problems with naturally occurring constituents
of concern;
(K) problems with erosion and excess sediment;
(L) new approaches to water treatment,
distribution, and collection systems; and
(M) new methods for collecting and treating
wastewater (including system design and nonstructural
alternatives).
(3) Responsibilities of administrator.--In providing grants
for projects under this subsection, the Administrator shall--
(A) ensure, to the maximum extent practicable,
that--
(i) the demonstration program includes a
variety of projects with respect to--
(I) geographic distribution;
(II) innovative technologies used
for the projects; and
(III) nontraditional approaches
(including low-impact development
technologies) used for the projects;
and
(ii) each category of project described in
paragraph (2) is adequately represented;
(B) give higher priority to projects that--
(i) address multiple problems; and
(ii) are regionally applicable;
(C) ensure, to the maximum extent practicable, that
at least 1 community having a population of 10,000 or
fewer individuals receives a grant for each fiscal
year; and
(D) ensure that, for each fiscal year, no
municipality receives more than 25 percent of the total
amount of funds made available for the fiscal year to
provide grants under this section.
(4) Cost sharing.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share of the total cost of a
project funded by a grant under this section shall be
not less than 20 percent.
(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share of the cost of a
project for reasons of affordability.
(c) Reports.--
(1) Reports from grant recipients.--A recipient of a grant
under this section shall submit to the Administrator, on the
date of completion of a project of the recipient and on each of
the dates that is 1, 2, and 3 years after that date, a report
that describes the effectiveness of the project.
(2) Reports to congress.--Not later than 2 years after the
date of enactment of this Act, and every 2 years thereafter,
the Administrator shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives a report that
describes the status and results of the demonstration program.
(d) Incorporation of Results and Information.--To the maximum
extent practicable, the Administrator shall incorporate the results of,
and information obtained from, successful projects under this section
into programs administered by the Administrator.
(e) Research and Development.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Administrator shall, through a
competitive process, award grants and enter into contracts and
cooperative agreements with research institutions, educational
institutions, and other appropriate entities (including
consortia of such institutions and entities) for research and
development on the use of innovative and alternative
technologies to improve water quality or drinking water supply.
(2) Types of projects.--In carrying out this subsection,
the Administrator may select projects relating to such matters
as innovative or alternative technologies, approaches,
practices, or methods--
(A) to increase the effectiveness and efficiency of
public water supply systems, including--
(i) source water protection;
(ii) water use reduction;
(iii) water reuse;
(iv) water treatment;
(v) water distribution and collection
systems; and
(vi) water security;
(B) to encourage the use of innovative or
alternative technologies or approaches relating to
water supply or availability;
(C) to increase the effectiveness and efficiency of
new and existing treatment works, including--
(i) methods of collecting, treating,
dispersing, reusing, reclaiming, and recycling
wastewater;
(ii) system design;
(iii) nonstructural alternatives;
(iv) decentralized approaches;
(v) assessment;
(vi) water efficiency; and
(vii) wastewater security;
(D) to increase the effectiveness and efficiency of
municipal separate storm sewer systems;
(E) to promote new water treatment technologies,
including commercialization and dissemination
strategies for adoption of innovative or alternative
low impact development technologies in the homebuilding
industry; or
(F) to maintain a clearinghouse of technologies
developed under this subsection and subsection (a) at a
research consortium or institute.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000 for
each of fiscal years 2006 through 2010.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section (other than subsection (e))
$20,000,000 for each of fiscal years 2006 through 2010.
SEC. 303. AGRICULTURAL POLLUTION CONTROL TECHNOLOGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agricultural commodity.--The term ``agricultural
commodity'' means--
(A) agricultural, horticultural, viticultural, and
dairy products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry;
(E) other commodities raised or produced on
agricultural sites, as determined to be appropriate by
the Secretary; and
(F) products processed or manufactured from
products specified in subparagraphs (A) through (E), as
determined by the Secretary.
(3) Agricultural project.--The term ``agricultural
project'' means an agricultural pollution control technology
project that, as determined by the Administrator--
(A) is carried out at an agricultural site; and
(B) achieves demonstrable reductions in air and
water pollution.
(4) Agricultural site.--The term ``agricultural site''
means a farming or ranching operation of a producer.
(5) Producer.--The term ``producer'' means any person who
is engaged in the production and sale of an agricultural
commodity in the United States and who owns, or shares the
ownership and risk of loss of, the agricultural commodity.
(6) Revolving fund.--The term ``revolving fund'' means an
agricultural pollution control technology State revolving fund
established by a State using amounts provided under subsection
(b)(1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Grants for Agricultural State Revolving Funds.--
(1) In general.--As soon as practicable after the date of
enactment of this section, the Administrator shall provide to
each eligible State described in paragraph (2) 1 or more
capitalization grants, that cumulatively equal no more than
$1,000,000 per State, for use in establishing, within an agency
of the State having jurisdiction over agriculture or
environmental quality, an agricultural pollution control
technology State revolving fund.
(2) Eligible states.--An eligible State referred to in
paragraph (1) is a State that agrees, prior to receipt of a
capitalization grant under paragraph (1)--
(A) to establish, and deposit the funds from the
grant in, a revolving fund;
(B) to provide, at a minimum, a State share in an
amount equal to 20 percent of the capitalization grant;
(C) to use amounts in the revolving fund to make
loans to producers in accordance with subsection (c);
and
(D) to return amounts in the revolving fund if no
loan applications are granted within 2 years of the
receipt of the initial capitalization grant.
(c) Loans to Producers.--
(1) Use of funds.--A State that establishes a revolving
fund under subsection (b)(2) shall use amounts in the revolving
fund to provide loans to producers for use in designing and
constructing agricultural projects.
(2) Maximum amount of loan.--The amount of a loan made to a
producer using funds from a revolving fund shall not exceed
$250,000, in the aggregate, for all agricultural projects
serving an agricultural site of the producer.
(3) Conditions on loans.--A loan made to a producer using
funds from a revolving fund shall--
(A) have an interest rate that is not more than the
market interest rate, including an interest-free loan;
and
(B) be repaid to the revolving fund not later than
10 years after the date on which the loan is made.
(d) Requirements for Producers.--
(1) In general.--A producer that seeks to receive a loan
from a revolving fund shall--
(A) submit to the State in which the agricultural
site of the producer is located an application that--
(i) contains such information as the State
may require; and
(ii) demonstrates, to the satisfaction of
the State, that each project proposed to be
carried out with funds from the loan is an
agricultural project; and
(B) agree to expend all funds from a loan in an
expeditious and timely manner, as determined by the
State.
(2) Maximum percentage of agricultural project cost.--
Subject to subsection (c)(2), a producer that receives a loan
from a revolving fund may use funds from the loan to pay up to
100 percent of the cost of carrying out an agricultural
project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000.
SEC. 304. STATE REVOLVING FUND REVIEW PROCESS.
As soon as practicable after the date of enactment of this Act, the
Administrator shall--
(1) consult with States, utilities, and other Federal
agencies providing financial assistance to identify ways to
expedite and improve the application and review process for the
provision of assistance from--
(A) the State water pollution control revolving
funds established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.); and
(B) the State drinking water treatment revolving
loan funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12);
(2) take such administrative action as is necessary to
expedite and improve the process as the Administrator has
authority to take under existing law;
(3) collect information relating to innovative approaches
taken by any State to simplify the application process of the
State, and provide the information to each State; and
(4) submit to Congress a report that, based on the
information identified under paragraph (1), contains
recommendations for legislation to facilitate further
streamlining and improvement of the process.
SEC. 305. COST OF SERVICE STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall enter into a contract with the
National Academy of Sciences for, and the National Academy of Sciences
shall complete and provide to the Administrator the results of, a study
of the means by which public water systems and treatment works selected
by the Academy in accordance with subsection (c) meet the costs
associated with operations, maintenance, capital replacement, and
regulatory requirements.
(b) Required Elements.--
(1) Affordability.--The study shall, at a minimum--
(A) determine whether the rates at public water
systems and treatment works for communities included in
the study were established using a full-cost pricing
model;
(B) if a full-cost pricing model was not used,
identify any incentive rate systems that have been
successful in significantly reducing--
(i) per capita water demand;
(ii) the volume of wastewater flows;
(iii) the volume of stormwater runoff; or
(iv) the quantity of pollution generated by
stormwater;
(C) identify a set of best industry practices that
public water systems and treatment works may use in
establishing a rate structure that--
(i) adequately addresses the true cost of
services provided to consumers by public water
systems and treatment works, including
infrastructure replacement;
(ii) encourages water conservation; and
(iii) takes into consideration the needs of
disadvantaged individuals and communities, as
identified by the Administrator;
(D) identify existing standards for affordability;
(E) determine the manner in which those standards
are determined and defined;
(F) determine the manner in which affordability
varies with respect to communities of different sizes
and in different regions; and
(G) determine the extent to which affordability
affects the decision of a community to increase public
water system and treatment works rates (including the
decision relating to the percentage by which those
rates should be increased).
(2) Disadvantaged communities.--The study shall, at a
minimum--
(A) survey a cross-section of States representing
different sizes, demographics, and geographical
regions;
(B) describe, for each State described in
subparagraph (A), the definition of ``disadvantaged
community'' used in the State in carrying out projects
and activities under the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(C) review other means of identifying the meaning
of the term ``disadvantaged'', as that term applies to
communities;
(D) determine which factors and characteristics are
required for a community to be considered
``disadvantaged''; and
(E) evaluate the degree to which factors such as a
reduction in the tax base over a period of time, a
reduction in population, the loss of an industrial
base, and the existence of areas of concentrated
poverty are taken into account in determining whether a
community is a disadvantaged community.
(c) Selection of Communities.--The National Academy of Sciences
shall select communities, the public water system and treatment works
rate structures of which are to be studied under this section, that
include a cross-section of communities representing various
populations, income levels, demographics, and geographical regions.
(d) Use of Results of Study.--On receipt of the results of the
study, the Administrator shall--
(1) submit to Congress a report that describes the results
of the study; and
(2) make the results available to treatment works and
public water systems for use by the publicly owned treatment
works and public water systems, on a voluntary basis, in
determining whether 1 or more new approaches may be implemented
at facilities of the publicly owned treatment works and public
water systems.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2006 and 2007.
SEC. 306. WATER RESOURCES STUDY.
(a) Assessment.--
(1) In general.--The Secretary shall--
(A) not later than 2 years after the date of
enactment of this Act, conduct an assessment of water
resources in the United States; and
(B) update the assessment every 2 years thereafter.
(2) Components.--The assessment shall, at a minimum--
(A) measure the status and trends of--
(i) fresh water in rivers and reservoirs;
(ii) groundwater levels and volume of
useable fresh water stored in aquifers; and
(iii) fresh water withdrawn from streams
and aquifers in the United States; and
(B) provide those measurements for--
(i) watersheds defined by the 352
hydrologic accounting units of the United
States; and
(ii) major aquifers of the United States,
as identified by the Secretary.
(3) Report.--Not later than 1 year after the date of
completion of the assessment and every 2 years thereafter, the
Secretary shall submit to Congress a report--
(A) describing the results of the assessment; and
(B) containing any recommendations of the Secretary
relating to the assessment that--
(i) are consistent with existing laws,
treaties, decrees, and interstate compacts; and
(ii) respect the primary role of States in
adjudicating, administering, and regulating
water rights and uses.
(b) Water Resource Research Priorities.--
(1) In general.--The Secretary shall coordinate a process
among Federal agencies and appropriate State agencies to
develop and publish, not later than 1 year after the date of
enactment of this Act, a list of water resource research
priorities that focuses on--
(A) water supply monitoring;
(B) means of capturing excess water and flood water
for conservation and use in the event of a drought;
(C) strategies to conserve existing water supplies,
including recommendations for repairing aging
infrastructure;
(D) identifying incentives to ensure an adequate
and dependable supply of water;
(E) identifying available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding the
environment; and
(F) improving the quality of water resource
information available to State, tribal, and local water
resource managers.
(2) Use of list.--The list published under paragraph (1)
shall be used by Federal agencies as a guide in making
decisions on the allocation of water research funding.
(c) Information Delivery System.--
(1) In general.--The Secretary shall coordinate a process
to develop an effective information delivery system to
communicate information described in paragraph (2) to--
(A) decisionmakers at the Federal, regional, State,
tribal, and local levels;
(B) the private sector; and
(C) the general public.
(2) Types of information.--The information referred to in
paragraph (1) may include--
(A) the results of the national water resource
assessments under subsection (a);
(B) a summary of the Federal water research
priorities developed under subsection (b);
(C) near real-time data and other information on
water shortages and surpluses;
(D) planning models for water shortages or
surpluses (at various levels including State, river
basin, and watershed levels);
(E) streamlined procedures for States and
localities to interact with and obtain assistance from
Federal agencies that perform water resource functions;
and
(F) other water resource materials, as the
Secretary determine appropriate.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter through fiscal year
2009, the Secretary shall submit to Congress a report on the
implementation of this section.
(e) Savings Clause.--Nothing in this section--
(1) modifies, supercedes, abrogates, impairs, or otherwise
affects in any way--
(A) any right or jurisdiction of any State with
respect to the water (including boundary water) of the
State;
(B) the authority of any State to allocate
quantities of water within areas under the jurisdiction
of the State; or
(C) any right or claim to any quantity or use of
water that has been adjudicated, allocated, or
claimed--
(i) in accordance with State law;
(ii) in accordance with subsections (a)
through (c) of section 208 of the Department of
Justice Appropriation Act, 1953 (43 U.S.C.
666);
(iii) by or pursuant to an interstate
compact; or
(iv) by a decision of the United States
Supreme Court;
(2) requires a change in the nature of use or the transfer
of any right to use water or creates a limitation on the
exercise of any right to use water; or
(3) requires modifying the delivery, diversion, non-
diversion, allocation, storage, or release from storage of any
water to be delivered by contract.
(f) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to carry out the report authorized by this section,
$3,000,000, to remain available until expended; and
(2) to carry out the updates authorized by subsection
(a)(1)(B), such sums as are necessary.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S8311-8317)
Committee on Environment and Public Works. Ordered to be reported with amendments favorably.
Committee on Environment and Public Works. Reported by Senator Inhofe under authority of the order of the Senate of 11/18/2005 with an amendment in the nature of a substitute. With written report No. 109-186.
Committee on Environment and Public Works. Reported by Senator Inhofe under authority of the order of the Senate of 11/18/2005 with an amendment in the nature of a substitute. With written report No. 109-186.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 304.
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