Water Advanced Technologies for Efficient Resource Use Act of 2020
This bill provides statutory authority for the WaterSense program of the Environmental Protection Agency (EPA) and sets forth related requirements. Under the program, the EPA awards grants to provide incentives for consumers to purchase water-efficient products.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8885 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8885
To provide incentives for the purchase of water-efficient products, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2020
Mr. Cartwright (for himself, Mr. Huffman, Ms. Norton, and Mr. Grijalva)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Oversight and
Reform, and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide incentives for the purchase of water-efficient products, 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 ``Water Advanced Technologies for
Efficient Resource Use Act of 2020''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``agency'' has the meaning given such
term in section 7902(a) of title 5, United States Code.
(3) Covered consumer.--The term ``covered consumer'' means
an individual served by an eligible entity.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government;
(B) a drinking water utility or wastewater utility;
(C) a municipal water authority or a regional water
authority; or
(D) a nonprofit organization.
(5) Incentive.--The term ``incentive'' includes--
(A) rebates, vouchers, and other financial
incentives; and
(B) the direct installation of a WaterSense
product.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3));
and
(B) is exempt from taxation under section 501(a) of
such Code.
(7) Product.--The term ``product'' means a product,
building, landscape, facility, process, or service.
(8) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(9) Watersense product.--The term ``WaterSense product''
means a product that is certified to display the WaterSense
label under the WaterSense program established under section
324B of the Energy Policy and Conservation Act (42 U.S.C.
6294b).
SEC. 3. FEDERAL PROCUREMENT OF WATERSENSE PRODUCTS.
(a) Procurement.--
(1) In general.--Except as provided in paragraph (2), in
procuring any water-consuming product, the head of an agency
shall procure a WaterSense product.
(2) Exceptions.--Paragraph (1) does not apply if--
(A) with respect to the type of water-consuming
product being procured, the head of an agency finds, in
writing, that--
(i) no WaterSense product is cost-effective
over the life of such type of product, taking
current and future water and wastewater cost
savings into account; or
(ii) no WaterSense product of such type is
reasonably available to meet the functional
requirements of the agency; or
(B) the water-consuming product being procured is
designed for use in combat or combat-related missions.
(b) Installation and Maintenance.--As applicable, the head of an
agency that procures a WaterSense product under subsection (a)(1) shall
use a certified professional (including a licensed plumber or a
licensed mechanical contractor, as appropriate) to install and maintain
such product.
(c) Measures To Reduce Water Consumption.--The head of each agency
shall consider adopting measures to reduce agency water consumption,
including such measures as the use of--
(1) water reuse, reclamation, or recycling technology;
(2) water leak detection technology; and
(3) products that--
(A) do not consume water; and
(B) perform similar functions as comparable water-
consuming products.
(d) Listing of WaterSense Products.--The Administrator of General
Services shall clearly identify and prominently display, in a listing
of water-consuming products, WaterSense products.
(e) Regulations.--Not later than 180 days after the date of
enactment of this section, the Administrator of the Environmental
Protection Agency and the Director of the Office of Management and
Budget shall issue regulations to carry out this section.
SEC. 4. INCENTIVES FOR THE PURCHASE OF WATERSENSE PRODUCTS.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a program to provide grants to
eligible entities to provide incentives to covered consumers for the
purchase of a WaterSense product.
(b) Eligibility.--To be eligible to receive a grant under this
section, an eligible entity shall--
(1) submit an application to the Administrator at such
time, in such form, and containing such information as the
Administrator may require; and
(2) provide assurances, which the Administrator determines
are satisfactory, that the eligible entity will use such grant
to supplement, but not supplant, other incentives that are
available to a covered consumer for the purchase of a
WaterSense product.
(c) Evaluation Criteria for Applications.--In evaluating an
application submitted under subsection (b)(1), the Administrator shall
consider--
(1) the population served by the eligible entity in the
most recent calendar year for which data are available;
(2) the estimated effect of providing incentives to such
population;
(3) if the eligible entity previously received a grant
under this section--
(A) the degree to which the use of such grant
encouraged the purchase of WaterSense products; and
(B) whether there are amounts of such grant that
remain unused; and
(4) whether the eligible entity promotes or implements a
program to recycle or manage the disposal of any products that
are replaced as a result of the provision of incentives under
this section.
(d) Use of Grant.--
(1) In general.--An eligible entity that receives a grant
under this section shall--
(A) use such grant to provide incentives to covered
consumers that purchase a WaterSense product; or
(B) with approval from the Administrator, provide
some, or all, of such grant to another eligible entity
for use in accordance with subparagraph (A).
(2) Administrative costs.--Not more than 50 percent of each
grant provided under this section may be used to pay for the
administrative cost of providing incentives in accordance with
paragraph (1).
(3) Incentive amounts.--With respect to rebates, vouchers,
and other such financial incentives, an eligible entity shall
determine the amount to provide based on the following:
(A) The amount of the grant provided to the
eligible entity under this section.
(B) The amount of any other incentives that are
available to a covered consumer for the purchase of a
WaterSense product.
(C) The estimated amount necessary to encourage a
covered consumer to purchase a WaterSense product.
(D) As applicable, the costs to a covered consumer
for onsite preparation, assembly, and installation of a
WaterSense product.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $50,000,000 for fiscal year 2021;
(2) $100,000,000 for fiscal year 2022;
(3) $150,000,000 for fiscal year 2023;
(4) $100,000,000 for fiscal year 2024; and
(5) $50,000,000 for fiscal year 2025.
SEC. 5. EXCLUSION FROM GROSS INCOME OF AMOUNTS RECEIVED AS INCENTIVES
FOR THE PURCHASE OF WATERSENSE PRODUCTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139I. INCENTIVES FOR THE PURCHASE OF WATERSENSE PRODUCTS.
``(a) In General.--In the case of an individual, gross income does
not include any amount received as an incentive under section 3 of the
Water Advanced Technologies for Efficient Resource Use Act of 2020.
``(b) Denial of Double Benefit.--
``(1) Deductions and credits.--No deduction or credit under
this subtitle shall be allowed for any expenditure with respect
to which any amount excluded under subsection (a) was provided.
``(2) Basis adjustment.--The adjusted basis of any property
with respect to which an amount excluded under subsection (a)
is provided shall be reduced by the amount so excluded.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:
``Sec. 139I. Incentives for the purchase of WaterSense products.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this section.
SEC. 6. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION SUBSIDIES.
(a) In General.--Subsection (a) of section 136 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``any subsidy provided'' and inserting
``any subsidy--
``(1) provided'',
(2) by striking the period at the end and inserting a
comma, and
(3) by adding at the end the following new paragraphs:
``(2) provided (directly or indirectly) by a public utility
to a customer, or by a State or local government to a resident
of such State or locality, for the purchase or installation of
any water conservation or efficiency measure, or
``(3) provided (directly or indirectly) by a storm water
management provider to a customer, or by a State or local
government to a resident of such State or locality, for the
purchase or installation of any storm water management
measure.''.
(b) Conforming Amendments.--
(1) Definition of water conservation or efficiency measure
and storm water management measure.--Section 136(c) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``Energy Conservation Measure'' in
the heading thereof and inserting ``Definitions'',
(B) by striking ``In general'' in the heading of
paragraph (1) and inserting ``Energy conservation
measure'', and
(C) by redesignating paragraph (2) as paragraph (4)
and by inserting after paragraph (1) the following:
``(2) Water conservation or efficiency measure.--For
purposes of this section, the term `water conservation or
efficiency measure' means any evaluation of water use, or any
installation or modification of property, the primary purpose
of which is to reduce consumption of water or to improve the
management of water demand with respect to one or more dwelling
units.
``(3) Storm water management measure.--For purposes of this
section, the term `storm water management measure' means any
installation or modification of property primarily designed to
reduce or manage amounts of storm water with respect to one or
more dwelling units.''.
(2) Definition of public utility.--Section 136(c)(4) of
such Code (as redesignated by paragraph (1)(C)) is amended by
striking subparagraph (B) and inserting the following:
``(B) Public utility.--The term `public utility'
means a person engaged in the sale of electricity,
natural gas, or water to residential, commercial, or
industrial customers for use by such customers.
``(C) Storm water management provider.--The term
`storm water management provider' means a person
engaged in the provision of storm water management
measures to the public.
``(D) Person.--For purposes of subparagraphs (B)
and (C), the term `person' includes the Federal
Government, a State or local government or any
political subdivision thereof, or any instrumentality
of any of the foregoing.''.
(3) Clerical amendments.--
(A) The heading of section 136 of such Code is
amended--
(i) by inserting ``and water'' after
``energy'', and
(ii) by striking ``provided by public
utilities''.
(B) The item relating to section 136 in the table
of sections of part III of subchapter B of chapter 1 of
such Code is amended--
(i) by inserting ``and water'' after
``energy'', and
(ii) by striking ``provided by public
utilities''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
section.
(d) No Inference.--Nothing in this section or the amendments made
by this section shall be construed to create any inference with respect
to the proper tax treatment of any subsidy received directly or
indirectly from a public utility, a storm water management provider, or
a State or local government for any water conservation measure or storm
water management measure before the date of the enactment of this
section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Oversight and Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Oversight and Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Oversight and Reform, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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