Water Justice Act
This bill addresses affordable access to clean water by establishing, expanding, or extending various programs or requirements related to drinking water infrastructure, water pollution control, water supply, water recycling, water efficiency, or conservation programs.
Specifically, the bill provides $50 billion in FY2020 supplemental appropriations to the Environmental Protection Agency (EPA) for programs that reduce contaminants of concern in drinking water, such as grant programs for lead testing or remediation efforts in schools, child care programs, or high-risk communities. The funds are designated as an emergency requirement, which exempts the funds from discretionary spending limits and other budget enforcement rules.
Each year, the EPA must obligate specified amounts of funding for several water infrastructure programs, including state revolving fund programs and grant programs for managing or controlling water pollution.
The EPA must also establish a grant program to help communities that serve environmentally at-risk households and low-income households afford the costs for remediating contaminated drinking water. Further, the Department of Health and Human Services may make grants to states to assist low-income households in meeting their needs for drinking water, wastewater, and stormwater services.
In addition, the EPA must promulgate an interim national primary drinking water regulation for perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS, which may have adverse human health effects.
Finally, the bill establishes or reauthorizes a variety of programs that provide financial support for water supply projects, water recycling or reuse projects, rural water systems, water efficiency improvements, or conservation programs.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2466 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2466
To provide supplemental appropriations for safe and secure water, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2019
Mr. Schumer (for Ms. Harris) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To provide supplemental appropriations for safe and secure water, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Justice
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DRINKING WATER INFRASTRUCTURE EMERGENCY
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Supplemental appropriations for the drinking water
infrastructure emergency.
TITLE II--WATER ACCESSIBILITY AND AFFORDABILITY
Sec. 201. Findings.
Sec. 202. Drinking water, wastewater, and stormwater services
assistance needs-based program.
Sec. 203. Establishment of Federal grant program for drinking water
treatment works operation and maintenance.
TITLE III--INVESTMENTS IN NATIONWIDE WATER INFRASTRUCTURE AND
SUSTAINABILITY
Sec. 301. Findings.
Sec. 302. Reclamation infrastructure finance and innovation pilot
program.
Sec. 303. Water recycling and reuse projects.
Sec. 304. Mandatory spending for water infrastructure programs.
Sec. 305. Expanding and increasing funding for rural individual and
connected water systems programs.
Sec. 306. Increased funding for water management improvement.
Sec. 307. Water Efficiency and Conservation Block Grant Program.
Sec. 308. Rural water supply program reauthorization.
Sec. 309. Combating PFAS.
Sec. 310. Multi-benefit projects to improve watershed health.
TITLE I--DRINKING WATER INFRASTRUCTURE EMERGENCY
SEC. 101. FINDINGS.
Congress finds that--
(1)(A) everyone has the right to clean and safe drinking
water and appropriate sanitation services; and
(B) the Federal Government has the responsibility to ensure
that the rights described in subparagraph (A) are realized;
(2) the American Society of Civil Engineers assigned a
``D'' grade to the drinking water infrastructure of the United
States and the American Water Works Association estimated that
$1,000,000,000,000 is necessary to maintain and expand service
during the 25-year period beginning on the date of enactment of
this Act;
(3) deterioration and aging of the water infrastructure of
the United States has resulted in millions of people of the
United States being exposed to unsafe drinking water, including
lead contamination;
(4) exposure to lead can cause serious health problems,
especially to young children and pregnant women, including
damage to the brain and nervous system, kidney problems, and
high blood pressure;
(5) the Government Accountability Office estimates that 43
percent of school districts, serving 35,000,000 students,
tested for lead in school drinking water in 2016 or 2017;
(6) of the schools that tested for lead as described in
paragraph (5), an estimated 37 percent found levels of lead
above the threshold of the school district for taking remedial
action;
(7) according to the American Water Works Association,
approximately 30 percent of surveyed community water systems in
the United States reported having some lead-containing service
lines;
(8) the continuing emergency of drinking water
contamination in communities like Flint, Michigan, demonstrates
the severity of this crisis across the United States;
(9) many rural areas across the United States also face
severe drinking water challenges, as the community water
systems serving small populations in the United States often
lack sufficient financial and technical resources;
(10) boil water advisories are a daily occurrence in the
United States, and those advisories disproportionately impact
small drinking water systems, with some advisories in rural
areas lasting for years;
(11) it is estimated that 13,000,000 households in the
United States rely on well water, with no Federal regulation or
testing of contaminants;
(12) past appropriations for the Environmental Protection
Agency grant programs that address school drinking water and
drinking water contamination in high-risk communities are not
sufficient to address the tremendous need throughout the United
States;
(13) investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States;
(14) it is estimated that nearly 17,200,000 workers, about
12 percent of the United States workforce, were employed in
infrastructure jobs in 2018;
(15) infrastructure occupations often provide more
competitive and equitable wages in comparison to all jobs
nationally, consistently paying up to 30 percent more to
workers at lower ends of the income scale;
(16) the sixth national assessment by the Environmental
Protection Agency of drinking water infrastructure needs shows
a total 20-year capital improvement need of $472,600,000,000
for public water systems;
(17) emergency supplemental appropriations for the
Environmental Protection Agency, provided in addition to other
appropriations and not subject to sequestration, will improve
drinking water in schools and high-risk communities and create
jobs throughout the United States without reducing funding for
other domestic priorities;
(18) appropriating $50,000,000,000 in fiscal year 2020 for
the Environmental Protection Agency, and allowing the funds to
remain available for 5 years, will enable States to begin to
immediately expand investments in addressing drinking water
needs in schools and in high-risk communities throughout the
United States;
(19) a $50,000,000,000 investment in drinking water
infrastructure could create 1,250,000 jobs;
(20) an emergency supplemental appropriation of
$50,000,000,000 for the Environmental Protection Agency, to be
made available in fiscal year 2020, and to remain available for
5 years, will allow States to begin immediately to distribute
funds to eligible schools and high-risk communities to develop
and implement plans to improve drinking water infrastructure,
through accelerated and expanded replacement of lead-based
service lines and other critical infrastructure improvements,
ensuring an efficient use of funds and timely job creation;
(21) emergency supplemental appropriations for remediating
the drinking water infrastructure emergency in the United
States can be leveraged--
(A) to create high-quality union jobs; and
(B) to expand minority-owned businesses to support
the next generation of water infrastructure
contractors; and
(22) an emergency supplemental appropriation of
$50,000,000,000 for the Environmental Protection Agency would
allow numerous communities to address the water infrastructure
needs of those communities and begin to combat the crisis in
the United States.
SEC. 102. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Disadvantaged community.--The term ``disadvantaged
community'' has the meaning given the term in section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)).
(3) High-risk community.--The term ``high-risk community''
means--
(A) a disadvantaged community in which drinking
water has tested for levels of contaminants, such as
lead, copper, mercury, organic chemicals, and other
substances, above the contaminant levels allowed under
the applicable national primary drinking water
regulations (as defined in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f)); or
(B) in States in which State drinking water
contaminant requirements are stricter than the
applicable national primary drinking water regulations
(as defined in section 1401 of the Safe Drinking Water
Act (42 U.S.C. 300f)), a disadvantaged community in
which drinking water has tested for levels of
contaminants at levels higher than allowed under the
applicable State contaminant requirement.
SEC. 103. SUPPLEMENTAL APPROPRIATIONS FOR THE DRINKING WATER
INFRASTRUCTURE EMERGENCY.
Out of any funds in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2020, $50,000,000,000, to remain
available until September 30, 2024, is appropriated to the
Administrator for an additional amount for lead reduction investments
through the Environmental Protection Agency (including programs such as
the State response to contaminants grant program under section 1459A(j)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(j)), the voluntary
school and child care program lead testing grant program under section
1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j-24(d)), and the
drinking water fountain replacement for schools program under section
1465 of the Safe Drinking Water Act (42 U.S.C. 300j-25)), or additional
grant programs (either in existence or to be developed) for projects
that protect high-risk communities from lead contamination in drinking
water; provide for technical assistance or mitigation efforts; allow
for replacement of lead-tainted infrastructure; provide funds for the
purchase of filters certified by NSF International and the Water
Quality Association for the removal of contaminants of concern in
public water systems; or address lead testing in school and child care
programs for which filtration of water systems in those school and
child care programs has already been performed: Provided, That the
amount under this heading is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)),
except that such amount shall be available only if the President
subsequently so designates such amount and transmits such designation
to Congress.
TITLE II--WATER ACCESSIBILITY AND AFFORDABILITY
SEC. 201. FINDINGS.
Congress finds the following:
(1) Obtaining reliable and affordable water service is
becoming increasingly difficult due to aging infrastructure,
climate change, and population changes.
(2) Household water rates have increased by approximately
41 percent since 2010. Over the last several decades, the cost
for drinking water and wastewater services has risen much more
rapidly than other household expenses.
(3) According to the Environmental Protection Agency, low-
income households are particularly impacted by water
affordability challenges when drinking water, wastewater, and
stormwater rates are raised.
(4) Across the United States, water and wastewater bills
have been increasing at more than twice the rate of inflation
for nearly 2 decades. Additionally, incomes have barely kept up
with inflation over the same period. It is anticipated that
rates for water and wastewater services will continue to
increase to meet the need for billions of dollars of overdue
investment in our Nation's water and wastewater systems.
(5) The Environmental Protection Agency reports that
approximately 15 percent of residential water customers
nationally are low-income households that are constantly at
risk of being unable to pay their water bills.
(6) Low-income households are 3 times more likely than
other households to have their utility service disconnected for
unpaid or overdue bills.
(7) An estimated 15,000,000 people in the United States
experienced a water shutoff in 2016 with the highest shutoff
rates in lower-income cities with higher rates of poverty and
unemployment.
(8) In 2017, total appropriations to the Environmental
Protection Agency for water infrastructure were 35 percent
lower than the corresponding 2001 appropriations (adjusted for
inflation) despite massive capital investments being needed for
drinking water and wastewater systems.
(9) Water accessibility is a fundamental element of public
health, safety, welfare, and security.
SEC. 202. DRINKING WATER, WASTEWATER, AND STORMWATER SERVICES
ASSISTANCE NEEDS-BASED PROGRAM.
(a) Definitions.--In this section:
(1) Environmentally at-risk household.--The term
``environmentally at-risk household'' means such a household,
as defined by the Secretary after consultation with the
Administrator of the Environmental Protection Agency,
considering factors such as--
(A) the proximity of the household to an
environmentally hazardous site, including a Superfund
site or coal ash site (as such sites are defined by the
Administrator of the Environmental Protection
Administration), or brownfield site (as defined in
section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601));
(B) whether the household is in an area that is
affected by a consent decree relating to compliance
with the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(C) whether the household is in an area that has
been found to be in violation of the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) maximum contaminant
level for any contaminant; and
(D) whether the household is located within 5 miles
of a pollution hotspot.
(2) Household.--The term ``household'' means any individual
or group of individuals who are living together as 1 economic
unit.
(3) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(ii) payments under the supplemental
security income program established under title
XVI of the Social Security Act (42 U.S.C. 1381
et seq.);
(iii) benefits under the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
or
(iv) payments under--
(I) section 1315, 1521, 1541, or
1542 of title 38, United States Code;
or
(II) section 306 of the Veterans'
and Survivors' Pension Improvement Act
of 1978 (38 U.S.C. 1521 note; Public
Law 95-588); or
(B) that, subject to subsection (f), has an income
that, as determined by the State in which the household
is located, does not exceed the greater of--
(i) an amount equal to 150 percent of the
poverty level (as defined in section 2603 of
the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8622)) for that State; and
(ii) an amount equal to 60 percent of the
median income for that State.
(4) Pollution hotspot.--The term ``pollution hotspot''
means a location where pollution from specific sources may
expose an individual or community to an elevated risk of
adverse health and safety effects, as determined by the
Administrator of the Environmental Protection Agency.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the United States Virgin Islands, American Samoa,
the Commonwealth of the Northern Mariana Islands, and an Indian
tribe (as defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)).
(7) Water burden.--The term ``water burden'' means the
expenditures of a household for drinking water, wastewater, and
stormwater services, divided by the income of the household.
(8) Water crisis.--The term ``water crisis'' means weather-
related and supply shortage emergencies, stormwater flooding,
and other household water-related emergencies, relating to
drinking water, wastewater, or stormwater services.
(b) Establishment.--
(1) In general.--The Secretary is authorized to make
grants, in accordance with the provisions of this section, to
States to assist low-income households (particularly those with
the lowest incomes relative to State poverty levels and median
incomes, that pay a high proportion of household income for
home drinking water, wastewater, and stormwater services),
including environmentally at-risk households that are also low-
income households, primarily in meeting their immediate home
drinking water, wastewater, and stormwater service needs. The
Secretary shall make the grants in the amounts of the
allotments made under paragraph (2).
(2) State allotments.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue a rule to
establish a formula under which the Secretary shall make
allotments to States, from the amount authorized under
subsection (h) for a fiscal year, for the grants described in
paragraph (1). The Secretary shall issue the rule after
consultation with States, local and Tribal governments,
community stakeholders, and other appropriate entities, in
order to develop a formula that allots grant funds based on
need to States.
(3) Public hearings.--After the expiration of the first
fiscal year for which a State receives funds under this
section, no funds shall be allotted to such State for any
fiscal year under this section unless such State conducts
public hearings with respect to the proposed use and
distribution of funds to be provided under this section for
such fiscal year.
(c) Applications.--
(1) In general.--Each State desiring to receive an
allotment for any fiscal year under this section shall submit
an application to the Secretary. Each such application shall be
in such form as the Secretary shall require.
(2) Certifications.--As part of the annual application of a
State required by paragraph (1), the chief executive officer of
the State shall certify that the State agrees--
(A) to use the funds available under this section--
(i) to conduct outreach activities and
provide assistance to low-income households and
environmentally at-risk households that are
also low-income households in meeting their
home drinking water, stormwater, and wastewater
service costs, particularly those households
with the lowest incomes that pay a high
proportion of household income for home
drinking water, stormwater, and wastewater
service;
(ii) to intervene in water crisis
situations;
(iii) to provide cost-effective water
efficiency-related and other water needs-
related home repair;
(iv) to plan, develop, and administer the
State's program under this section, including
leveraging programs;
(v) to develop technical assistance plans
in coordination with parties, agencies, or
governments referred to in subsection (d)(6) or
program beneficiaries;
(vi) to prioritize applicants for subgrants
or contracts that include program beneficiaries
in design and implementation of the program;
and
(vii) but not more than 5 percent of such
funds, to support community engagement in the
design and implementation of the program;
(B) not to use such funds for any purposes other
than those specified in this section;
(C) to make payments under this section only with
respect to--
(i) low-income households; and
(ii) environmentally at-risk households
that are also low-income households;
(D) to conduct outreach activities and develop
materials (in a language understandable to targeted
households) designed to assure that eligible households
(especially households with children, elderly
individuals, or individuals with disabilities) and
households with high water burdens, are made aware of
the assistance available under this section, and any
similar water-related assistance;
(E) to coordinate its activities under this section
with similar and related programs administered by the
Federal Government and such State, particularly water-
related programs for low-income individuals;
(F) to provide, in a timely manner, that the
highest level of assistance will be furnished to those
households which have the lowest incomes and the
highest costs or needs for home drinking water,
wastewater, or stormwater services in relation to
income, taking into account family size;
(G) to the extent it is necessary, to designate
local administrative agencies or Tribal governments in
order to carry out the objectives of this section; and
(H) to the extent it is necessary, to deliver
services specified in the application through
community-based nonprofit entities in such State, by
awarding subgrants to, or entering into contracts with,
such entities for the purpose of providing such
services and payments under this section directly to
households eligible for assistance under this section.
(3) Plan.--As part of the annual application required by
paragraph (1), the chief executive officer of the State shall
include, in such format as the Secretary may require, a plan
which--
(A) describes the eligibility requirements to be
used by the State for each type of assistance to be
provided under this section;
(B) describes the benefit levels to be used by the
State for each type of assistance including assistance
to be provided for drinking water, wastewater, and
stormwater service needs;
(C) contains estimates of the amount of funds the
State will use for each of the programs under such
plan;
(D) describes water efficiency-related and other
water needs-related home repair the State will provide
under subsection (d)(6), including any steps the State
will take to address the water efficiency-related home
repair needs of households that have high water
burdens;
(E) in the absence of being able to directly
measure and quantify water use at the household level,
provide a reasonable, unified approach such as using a
fixed consumption level for calculating assistance for
household drinking water, wastewater, and stormwater
service costs; and
(F) identifies the types of assistance, such as
types described in subsection (d), that may be included
in the program of assistance carried out by the State
under this section.
(d) Types of Assistance.--A State that receives a grant under this
section may use the grant funds to provide, through a State program
required in subsection (b) a type of assistance that may include--
(1) direct financial assistance;
(2) a lifeline rate;
(3) bill discounting;
(4) assistance under special hardship provisions;
(5) assistance through a percentage-of-income payment plan;
or
(6) water efficiency-related and water needs-related home
repair, including direct installation of water-efficient
fixtures and leak repair, which may be completed by a third
party under a subgrant or contract awarded by the State or by a
local administrative agency or Tribal government designated by
the State.
(e) Assistance Exempt From Taxation.--Notwithstanding any other
provision of law, assistance provided to a low-income household or an
environmentally at-risk household that is also a low-income household
under a program carried out by the State, a local administrative
agency, Tribal government, or a community-based nonprofit entity (on
behalf of households), using a grant under this section shall be exempt
from income tax under the Internal Revenue Code of 1986.
(f) Lower Income Limit.--For purposes of this section, a State may
adopt an income limit that is lower than the limit described in
subsection (a)(3)(B), except that the State may not exclude a household
from eligibility in a fiscal year based solely on household income if
that income is less than 110 percent of the poverty level for the
State.
(g) Reporting Requirements.--
(1) In general.--In addition to meeting any other
applicable reporting requirements, as a condition of receiving
a grant under this section, a State shall prepare and submit to
the Secretary an annual report that summarizes, in a manner
determined by the Secretary, the program carried out by the
State (including any portions carried out through designation
of a local administrative agency or Tribal government or the
award of a subgrant or contract to a community-based nonprofit
entity) under the grant, including--
(A) key features;
(B) sources of funding;
(C) eligibility criteria;
(D) participation rates;
(E) the monetary benefit per participant;
(F) program costs;
(G) the demonstrable impacts of the program on
arrearage and service disconnection for households, to
the maximum extent practicable; and
(H) other relevant information required by the
Secretary.
(2) Publication.--The Secretary shall make available to the
general public each report submitted under paragraph (1).
(h) Authorization.--There is authorized to be appropriated to carry
out this section $2,000,000,000 for each of fiscal years 2020 through
2024.
SEC. 203. ESTABLISHMENT OF FEDERAL GRANT PROGRAM FOR DRINKING WATER
TREATMENT WORKS OPERATION AND MAINTENANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') shall establish
a grant program (referred to in this section as the ``program'') to
help communities that serve environmentally at-risk households and low-
income households (as those terms are defined in section 202) afford
operations and maintenance costs of drinking water treatment.
(b) Eligible Uses.--A grant provided under the program shall be
used--
(1) to help water systems provide adequate and affordable
supplies of safe drinking water in both the near- and long-term
future; and
(2) to provide support to help public water systems (as
defined in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f) provide safe and affordable drinking water.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $150,000,000 for each of fiscal
years 2020 through 2024.
TITLE III--INVESTMENTS IN NATIONWIDE WATER INFRASTRUCTURE AND
SUSTAINABILITY
SEC. 301. FINDINGS.
Congress finds that--
(1) water is an essential resource for farms, cities, and
the environment;
(2) in order to responsibly and sustainably manage water,
all different types of water, including water that is stored,
drinking water, flood waters, wastewater, recycled water, and
other types, should be taken into account;
(3) according to a survey by the Government Accountability
Office of State water managers, at least 40 States anticipate
water shortages by 2024, pointing to the need to conserve and
sustainably manage water;
(4) climate change is likely to increase the vulnerability
of water supplies for communities and the environment by--
(A) increasing the frequency and magnitude of
droughts and extreme precipitation events;
(B) increasing air temperatures; and
(C) changing the patterns and volume of
precipitation;
(5) the water infrastructure of the United States needs
additional investment given the age of the infrastructure and
emerging issues, such as climate change;
(6) according to the American Society of Civil Engineers,
more than $105,000,000,000 is needed for drinking water and
wastewater investment needs;
(7) a diverse portfolio of water management, storage,
recycling, and reuse techniques can help to sustainably and
responsibly manage water in the United States;
(8) reducing water diversions from rivers and lakes is
important to sustain--
(A) native fish and wildlife; and
(B) the communities and Native American tribes that
depend on a healthy environment;
(9) a sustainable water supply relies on--
(A) the ability for environmentally sound water
storage projects;
(B) protection of clean water programs;
(C) financing for new technologies;
(D) developments and funding for water recycling
and reuse projects;
(E) improvements to wastewater systems and flood
management;
(F) increased conservation programs and water
efficiency; and
(G) instream flows of adequate quality and quantity
that protect native fish and wildlife and the
environment;
(10) the 16th Clean Watersheds Needs Survey of the
Environmental Protection Agency shows a total 20-year capital
improvement need of $271,000,000 to address the water quality
objectives of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(11) more than 21,000,000 households lack access to a sewer
system and instead rely on expensive septic tanks or cesspools;
(12) more than 1,700,000 households lack access to basic
plumbing in the United States; and
(13) exposure to raw sewage inside or outside of the home
due to inadequate or failing wastewater systems is a severe
public health risk.
SEC. 302. RECLAMATION INFRASTRUCTURE FINANCE AND INNOVATION PILOT
PROGRAM.
(a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish and carry out a
pilot program under which the Secretary shall provide to eligible
entities described in subsection (c) financial assistance in accordance
with this section to carry out eligible projects described in
subsection (b).
(b) Eligible Projects and Eligible Project Costs.--
(1) In general.--A project eligible to receive assistance
under the pilot program under this section is a water supply
project described in paragraph (2) that, as determined by the
Secretary--
(A) is located in--
(i) the State of Alaska;
(ii) the State of Hawaii; or
(iii) a Reclamation State (as defined in
section 4014 of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b
note; Public Law 114-322));
(B) would contribute directly or indirectly
(including through groundwater recharge) to a safe,
adequate water supply for domestic, agricultural,
environmental, municipal, or industrial use;
(C) complies with all applicable State and Federal
laws;
(D) would provide net ecosystem benefits in excess
of required environmental mitigation measures or
compliance obligations pursuant to State and Federal
law, as described in paragraph (6);
(E) uses natural infrastructure and nature-based
solutions where practicable;
(F) is economically feasible; and
(G) is otherwise eligible for assistance under this
section.
(2) Water supply projects.--A water supply project referred
to in paragraph (1) is--
(A) a project for the reclamation and reuse of
municipal, industrial, domestic, and agricultural
wastewater, and naturally impaired ground water, which
the Secretary, acting through the Commissioner of
Reclamation, is authorized to undertake;
(B) any water infrastructure project not
specifically authorized by law that--
(i) the Secretary determines, through the
completion of an appraisal investigation and
feasibility study, would contribute to a safe,
adequate water supply for domestic,
agricultural, environmental, municipal, or
industrial use; and
(ii) is otherwise eligible for assistance
under this section;
(C) a new water infrastructure facility project,
including a water conduit, pipeline, canal, pumping,
power, and any associated facility;
(D) a project for enhanced energy efficiency in the
operation of a water system;
(E) a project for accelerated repair and
replacement of all or a portion of an aging water
distribution or conveyance facility;
(F) a brackish desalination project;
(G) a project for the acquisition of real property
or an interest in real property for water storage,
reclaimed or recycled water, or wastewater, if the
acquisition is integral to a project described in
subparagraphs (A) through (F);
(H) a project to deliver water to wildlife refuges;
(I) a stormwater capture project; or
(J) a combination of projects, each of which is
eligible under subparagraphs (A) through (I), for which
an eligible entity submits a single application.
(3) Eligible project costs.--An eligible project cost that
is eligible for assistance under this section--
(A) shall be limited to a nonreimbursable cost for
elements of a project that would achieve public
benefits under the reclamation laws; and
(B) includes the cost of--
(i) development-phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, permitting,
transaction costs, preliminary engineering and
design work, and other preconstruction
activities;
(ii) construction, reconstruction,
rehabilitation, and replacement activities;
(iii) the acquisition of real property
(including water rights, land relating to the
eligible project, and improvements to land),
environmental mitigation, construction
contingencies, and acquisition of equipment;
(iv) capitalized interest necessary to meet
market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction;
(v) refinancing interim construction
funding, long-term project obligations, or a
secured loan, loan guarantee, or other credit
enhancement made under this section;
(vi) refinancing long-term project
obligations or Federal credit instruments, if
that refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any eligible project selected for
assistance under this section;
(vii) reimbursement or success payments to
any public or private entity that achieves
predetermined outcomes on a pay-for-performance
or pay-for-success basis; and
(viii) grants, loans, or credit enhancement
for community development financial
institutions, green banks, and other financial
intermediaries providing ongoing finance for
eligible projects that meet the purposes of
this section.
(4) Small community projects.--For projects eligible for
assistance under this section and section 5028(a)(2)(B) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
3907(a)(2)(B)), the Secretary may assist applicants in
combining 1 or more projects into a single application in order
to meet the minimum project cost of $5,000,000 required under
that section.
(5) Cost-sharing requirement; certain uses.--
(A) Cost sharing.--The Federal share of the
eligible costs of a water supply project under this
section shall be not more than 25 percent.
(B) Certain uses.--A water supply project that
receives assistance under this section may use not more
than 5 percent of amounts made available under this
section to carry out activities to demonstrate progress
toward the goals of the water supply project.
(6) Determination of net ecosystem benefits.--
(A) Draft report.--
(i) In general.--Using the best available
scientific information and data, the Director
of the United States Fish and Wildlife Service
shall prepare a draft report that evaluates the
ecosystem impacts and benefits of each proposed
water supply project being considered for
financial assistance under this section.
(ii) Coordination.--A draft report required
under clause (i) shall be prepared in
coordination with the head of the State agency
with jurisdiction over the fish and wildlife
resources of the State in which the water
supply project is proposed to be carried out.
(iii) Applicable law; requirements.--A
draft report prepared under clause (i) shall--
(I) meet the requirements of
section 2(b) of the Fish and Wildlife
Coordination Act (16 U.S.C. 662(b));
(II) quantify and estimate the
ecosystem benefits and adverse impacts
to native fish and wildlife from the
proposed water supply project; and
(III) evaluate whether the
ecosystem benefits of the proposed
water supply project are likely to
exceed the ecosystem impacts of the
proposed water supply project.
(iv) Review; availability.--The Director of
the United States Fish and Wildlife Service
shall ensure that a draft report prepared under
clause (i) is--
(I) reviewed by independent
scientists; and
(II) made available for a public
review and comment period of not less
than 30 days.
(B) Final report.--
(i) In general.--The Director of the United
States Fish and Wildlife Service shall prepare
a final report based on the applicable draft
report prepared under subparagraph (A)(i),
after considering the results of the
independent scientific peer review and public
comment processes under subparagraph (A)(iv).
(ii) Transmission; availability.--A final
report prepared under clause (i) shall be--
(I) transmitted to--
(aa) the project applicant;
(bb) the relevant State
agency; and
(cc) relevant congressional
committees; and
(II) made available to the public.
(iii) Determination.--If a final report
prepared under clause (i) determines that the
water supply project provides net ecosystem
benefits, the proposed water supply project
shall be eligible for financial assistance
under this section.
(iv) Recommendations.--If a final report
determines that the proposed water supply
project fails to provide a net ecosystem
improvement, the final report may identify
potential recommendations to reduce adverse
environmental impacts and improve environmental
benefits of the proposed water supply project.
(v) Final agency action.--A final report
prepared under clause (i) shall be considered
to be a final agency action for purposes of
section 704 of title 5, United States Code.
(vi) Judicial review.--A final report
prepared under clause (i) shall be subject to
review in the Federal district court of the
State in which the project is proposed to be
constructed if a petition for review is filed
with the court not later than 180 days after
the date on which the final report is
transmitted under clause (ii).
(c) Eligible Entities.--The following entities are eligible to
receive assistance under this section:
(1) An entity described in section 5025 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 3904).
(2) A conservancy district, Reclamation district, or
irrigation district.
(3) A canal company or mutual water company.
(4) A water users' association.
(5) An agency established by an interstate compact.
(6) Any other individual or entity that has the capacity to
contract with the United States under the reclamation laws.
(d) Requirements.--
(1) Project selection.--In selecting eligible projects to
receive assistance under the pilot program under this section,
the Secretary shall ensure diversity with respect to--
(A) project type; and
(B) geographical location within the States
referred to in subsection (b)(1)(A).
(2) Priority.--In selecting eligible projects to receive
assistance under this section, the Secretary shall prioritize
projects that--
(A) would benefit--
(i) low-income communities; or
(ii)(I) communities particularly at-risk to
climate change; and
(II) environmentally at-risk communities;
(B) to the maximum extent practicable, incorporate
green and natural infrastructure components; and
(C) achieve multiple public benefits.
(3) Importation of other requirements.--The following
provisions of law shall apply to the pilot program under this
section:
(A) Sections 5022, 5024, 5027, 5028, 5029, 5030,
5031, 5032, and 5034(a) of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 3901, 3903,
3906, 3907, 3908, 3909, 3910, 3911, and 3913(a)),
except that--
(i) any reference contained in those
sections to the Secretary of the Army shall be
considered to be a reference to the Secretary;
(ii) any reference contained in those
sections to an eligible project shall be
considered to be a reference to an eligible
project described in subsection (b);
(iii) paragraphs (1)(E) and (6)(B) of
subsection (a), and subsection (b)(3), of
section 5028 of that Act (33 U.S.C. 3907) shall
not apply with respect to this section; and
(iv) subsections (e) and (f) of section
5030 of that Act (33 U.S.C. 3909) shall not
apply with respect to this section.
(B) The agreement between the Administrator of the
Environmental Protection Agency and the Commissioner of
Reclamation required under section 4301 of the
America's Water Infrastructure Act of 2018 (Public Law
115-270).
(C) Other applicable environmental laws, including
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the pilot program under this section
$150,000,000 for each of fiscal years 2020 through 2024, to
remain available until expended.
(2) Administrative costs.--Of the funds made available
under paragraph (1), the Secretary may use for administrative
costs of carrying out the pilot program under this section
(including for the provision of technical assistance to project
sponsors pursuant to paragraph (3), to obtain any necessary
approval, and for transfer to the Administrator of the
Environmental Protection Agency to provide assistance in
administering and servicing Federal credit instruments under
the pilot program) not more than $5,000,000 for each applicable
fiscal year.
(3) Small community projects.--
(A) In general.--Subject to subparagraph (B), the
Commissioner may use the funds made available under
paragraph (2) to provide assistance, including
assistance to pay the costs of acquiring the rating
opinion letters under paragraph (1)(D) of section
5028(a) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 3907(a)), to assist project
sponsors in obtaining the necessary approvals for small
community projects that are eligible for assistance
under paragraph (2)(B) of that section or subsection
(b)(3).
(B) Limitation.--Assistance provided to a project
sponsor under subparagraph (A) may not exceed an amount
equal to 75 percent of the total administrative costs
incurred by the project sponsor in securing financial
assistance under this section.
(f) Limitation.--No eligible project that receives assistance under
this section may be financed (directly or indirectly), in whole or in
part, with proceeds of any obligation the interest on which is exempt
from the tax imposed under chapter 1 of the Internal Revenue Code of
1986.
(g) Effect.--Nothing in this section affects the authority of a
State or a political subdivision of a State to apply and enforce any
environmental laws (including regulations) with respect to an eligible
project provided assistance under this section.
SEC. 303. WATER RECYCLING AND REUSE PROJECTS.
(a) Competitive Grant Program for the Funding of Water Recycling
and Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(f)) is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Priority.--In providing grants under paragraph (1),
the Secretary shall give priority to projects that--
``(A) are likely to provide a more reliable water
supply for a unit of State, local, or Tribal
government;
``(B) are likely to increase the water management
flexibility and reduce impacts on environmental
resources;
``(C) are regional in nature;
``(D) involve multiple stakeholders;
``(E) provide multiple benefits, including water
supply reliability, ecosystem benefits, groundwater
management and enhancements, and water quality
improvements;
``(F) would benefit low-income communities; or
``(G) would protect communities particularly at-
risk to climate change and environmental
degradation.''.
(b) Authorization of Appropriations.--Section 1602(g) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h(g)) is amended--
(1) in paragraph (1), by striking ``$50,000,000'' and
inserting ``$500,000,000''; and
(2) in paragraph (2), by striking ``if enacted
appropriations legislation designates funding to them by
name,''.
(c) Limitation on Funding.--Section 1631(d)(1) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)(1)) is amended by striking ``$20,000,000 (October 1996 prices)''
and inserting ``$30,000,000 (January 2019 prices)''.
(d) Duration.--Section 4013 of the Water Infrastructure
Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-
322) is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) the amendment made by section 4009(c).''.
(e) Programs for Alternative Water Source Projects.--Section 220 of
the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended to
read as follows:
``SEC. 220. PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
``(a) Definitions.--In this section:
``(1) Alternative water source project.--
``(A) In general.--The term `alternative water
source project' means a project that--
``(i) is designed to provide municipal,
industrial, or agricultural water supplies in
an environmentally sustainable manner by
conserving, managing, reclaiming, or reusing
water, wastewater, or stormwater, or by
treating wastewater or stormwater; and
``(ii) provides an alternative to
traditional water projects that divert or store
water from natural aquatic ecosystems,
including rivers, lakes, streams, and
estuaries.
``(B) Exclusion.--The term `alternative water
source project' does not include any water treatment or
distribution facility.
``(2) Critical water supply needs.--The term `critical
water supply needs' means existing or reasonably anticipated
future water supply needs that cannot be met by existing water
supplies, as identified in a comprehensive statewide or
regional water supply plan or assessment projected over a
period of not less than 20 years.
``(b) Establishment.--The Administrator shall establish a program
to make grants to State, interstate, and intrastate water resource
development agencies (including water management districts and water
supply authorities), local government agencies, Tribal governments,
private utilities, and nonprofit entities for alternative water source
projects to meet critical water supply needs.
``(c) Eligible Entity.--The Administrator may award a grant under
this section to an entity only if the entity has authority under State
law to develop or provide water for municipal, industrial, and
agricultural uses in an area of the State that is experiencing critical
water supply needs.
``(d) Selection of Projects.--
``(1) Limitation.--A project that has received funds for
construction under the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be
eligible for a grant under this section.
``(2) Geographical distribution.--Alternative water source
projects selected by the Administrator for a grant under this
section shall reflect a variety of geographical and
environmental conditions.
``(e) Uses of Grant Funds.--
``(1) In general.--Subject to paragraph (2), a grant
received under this section may be used for engineering,
design, construction, and final testing of an alternative water
source project designed to meet critical water supply needs.
``(2) Exclusion.--A grant received under this section may
not be used for planning, a feasibility study, operation,
maintenance, replacement, repair, or rehabilitation.
``(f) Cost Sharing.--The Federal share of the eligible costs of an
alternative water source project carried out using a grant under this
section shall be not more than 50 percent.
``(g) Report.--Not later than September 30, 2023, the Administrator
shall submit to Congress a report describing the results of the grant
program established under subsection (b), including progress toward
meeting the critical water supply needs of the grant recipients.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for fiscal year
2020 and each fiscal year thereafter, to remain available until
expended.
``(i) Policy.--Nothing in this section affects the application of
section 101(g) and all of the provisions of this section shall be
carried out in accordance with that section.''.
SEC. 304. MANDATORY SPENDING FOR WATER INFRASTRUCTURE PROGRAMS.
(a) Clean Water Programs.--
(1) In general.--At the beginning of each fiscal year, the
Administrator shall obligate for the fiscal year--
(A) $174,250,000 to make grants to nonprofit
organizations to provide technical assistance and
disseminate information under section 104(b)(8) of the
Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(B) $522,750,000 to make grants for pollution
control programs under section 106 of the Federal Water
Pollution Control Act (33 U.S.C. 1256);
(C) $871,250,000 to make grants for the
implementation of management programs under section
319(h)(1) of the Federal Water Pollution Control Act
(33 U.S.C. 1329(h)(1)); and
(D) $1,000,000 to assist in the planning,
development, strengthening, improving, or carrying out
of programs or projects for the preparation of
undergraduate students to enter an occupation which
involves the design, operation, and maintenance of
treatment works and other facilities under section 109
of the Federal Water Pollution Control Act (33 U.S.C.
1259).
(2) Priorities.--Notwithstanding any other provision of
law, in using the funds obligated under paragraph (1), the
Administrator shall give priority to projects or programs
that--
(A) benefit low-income communities;
(B) benefit communities that are subject to a
consent decree in an action brought under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(C) reflect a variety of geographic conditions; and
(D) benefit communities with a history of degraded
environmental conditions.
(3) Funding.--
(A) In general.--On October 1 of each fiscal year,
out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Administrator to carry out this
subsection $1,569,250,000, to remain available until
expended.
(B) Receipt and acceptance.--The Administrator
shall be entitled to receive, shall accept, and shall
use to carry out this section the funds transferred
under subparagraph (A), without further appropriation.
(b) Safe Drinking Water Programs.--
(1) In general.--At the beginning of each fiscal year, the
Administrator shall obligate for the fiscal year--
(A) $174,250,000 to provide technical assistance to
small public water systems to enable those systems to
achieve and maintain compliance with applicable
national primary drinking water regulations under
section 1442(e) of the Safe Drinking Water Act (42
U.S.C. 300j-1(e)); and
(B) $1,045,500,000 to make grants under the
voluntary school and child care program lead testing
grant program under section 1464(d) of the Safe
Drinking Water Act (42 U.S.C. 300j-24(d)).
(2) Priorities.--Notwithstanding any other provision of
law, in using the funds obligated under paragraph (1), the
Administrator shall give priority to projects or programs
that--
(A) benefit low-income communities;
(B) benefit communities that are subject to a
consent decree in an action brought under the Safe
Drinking Water Act (42 U.S.C. 300f et seq.);
(C) reflect a variety of geographic conditions; and
(D) benefit communities with a history of degraded
environmental conditions.
(3) Funding.--
(A) In general.--On October 1 of each fiscal year,
out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Administrator to carry out this
subsection $1,219,750,000, to remain available until
expended.
(B) Receipt and acceptance.--The Administrator
shall be entitled to receive, shall accept, and shall
use to carry out this section the funds transferred
under subparagraph (A), without further appropriation.
(c) State Revolving Funds.--
(1) In general.--At the beginning of each fiscal year, the
Administrator shall obligate for the fiscal year--
(A) $15,682,500,000 for making capitalization
grants for 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) $15,159,750,000 for making capitalization
grants for State drinking water treatment revolving
loan funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).
(2) Funding.--
(A) In general.--On October 1 of each fiscal year,
out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Administrator to carry out this
subsection $30,842,250,000, to remain available until
expended.
(B) Receipt and acceptance.--The Administrator
shall be entitled to receive, shall accept, and shall
use to carry out this section the funds transferred
under subparagraph (A), without further appropriation.
(3) Sense of congress.--It is the sense of Congress that
States should use the funding provided under this subsection to
give priority to projects that--
(A) benefit low-income communities;
(B) benefit communities that are subject to a
consent decree in an action brought under the Safe
Drinking Water Act (42 U.S.C. 300f et seq.);
(C) reflect a variety of geographic conditions; and
(D) benefit communities with a history of degraded
environmental conditions.
(d) Minimum Allocation of Additional Subsidization of Drinking
Water State Revolving Funds.--Section 603(i)(3) of the Federal Water
Pollution Control Act (33 U.S.C. 1383(i)(3)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) Minimum allocation of additional
subsidization.--To the extent that there are sufficient
applications for the assistance described in paragraph
(1)(A), in each fiscal year, a State shall use not less
than 6 percent of the total amount received by the
State in capitalization grants under this title to
provide additional subsidization under this
subsection.''.
SEC. 305. EXPANDING AND INCREASING FUNDING FOR RURAL INDIVIDUAL AND
CONNECTED WATER SYSTEMS PROGRAMS.
(a) In General.--At the beginning of each fiscal year, the
Secretary of Agriculture (referred to in this section as the
``Secretary'') shall obligate for the fiscal year--
(1) $871,250,000 in additional funding--
(A) to make grants for individual household water
well systems and individually owned household
decentralized wastewater systems, including drainage
fields, under section 306E of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926e); and
(B) for water or waste disposal grants under
section 306(a)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)); and
(2) $100,000,000 in additional funding to make grants under
the Special Evaluation Assistance for Rural Communities and
Households program under section 306(a)(2)(C) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)(2)(C)).
(b) Funding.--
(1) In general.--On October 1 of each fiscal year, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to
carry out this section $971,250,000, to remain available until
expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
(c) Rural Decentralized Water Systems.--Section 306E(b)(1) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926e(b)(1)) is
amended--
(1) by inserting ``replacement, repairing,'' after
``construction,''; and
(2) by inserting ``, including drainage fields,'' after
``wastewater systems''.
SEC. 306. INCREASED FUNDING FOR WATER MANAGEMENT IMPROVEMENT.
Section 9504(e) of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364(e)) is amended by striking ``$480,000,000'' and
inserting ``$550,000,000''.
SEC. 307. WATER EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a unit of local government;
(C) an entity established by an interstate compact;
and
(D) an Indian tribe.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Program.--The term ``program'' means the program
established under subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(b) Establishment.--The Secretary shall establish a program, to be
known as the ``Water Efficiency and Conservation Block Grant Program'',
under which the Secretary shall provide grants to eligible entities to
carry out activities to achieve the purpose of the program described in
subsection (c).
(c) Purpose.--The purpose of the program is to assist eligible
entities in implementing strategies--
(1) to reduce water use in a manner that--
(A) is environmentally sustainable;
(B) improves the affordability of water and
sanitation for disadvantaged communities; and
(C) maximizes benefits for local and regional
communities;
(2) to reduce the total water use of the people,
businesses, farms, and institutions located within the
jurisdiction of eligible entities receiving grants under the
program;
(3) to improve water efficiency in the agricultural sector,
building sector, or any other appropriate sector operating
within the jurisdictions of the eligible entities receiving
grants under the program; and
(4) to reduce the energy required to pump, transport,
treat, and heat water.
(d) Activities.--An eligible entity may use a grant under the
program to carry out activities that include--
(1) developing and implementing a water efficiency and
conservation strategy;
(2) retaining technical consultant services to assist in
the development of the strategy described in paragraph (1),
including services to assist with--
(A) the formulation of water efficiency, water
conservation, and water usage goals;
(B) the engagement of water users and other
stakeholders in the identification of goals and
priorities for water efficiency and conservation;
(C) the identification of strategies to achieve the
goals formulated under subparagraphs (A) and (B)--
(i) through investments in physical
measures to increase water efficiency and
reduce water consumption;
(ii) by encouraging water conservation
practices by--
(I) the population served by the
eligible entity; and
(II) the suppliers of water and
sanitation services operating within
the jurisdiction of the eligible
entity; and
(iii) by collecting any revenues that may
be required to support the implementation of
those strategies through fair and transparent
mechanisms that encourage efficient water use
and support the affordability of water and
sanitation services for low-income households;
(D) the development of methods to measure progress
in achieving the goals formulated under subparagraphs
(A) and (B);
(E) the development and publication of annual
reports, made available to the population served by the
eligible entity, describing--
(i) the goals formulated under
subparagraphs (A) and (B) and the strategies
identified under subparagraph (C); and
(ii) the progress made in achieving those
goals and strategies during the preceding
calendar year; and
(F) any other activities appropriate to implement
the strategy described in paragraph (1);
(3) conducting residential and commercial building water
audits;
(4) conducting water loss audits of public water
distribution systems, securing validation of the audit reports,
and conducting component analyses of any leaks and losses
described in an audit report;
(5) establishing a financial incentive program for water
efficiency improvements;
(6) providing grants to nonprofit organizations,
governmental agencies, and Tribal governments for the purpose
of performing water efficiency upgrades that result in
quantifiable savings;
(7) developing and implementing water efficiency and
conservation programs for buildings and facilities within the
jurisdiction of the eligible entity, including programs that--
(A) identify the most effective methods for
achieving maximum participation rates and
administrative efficiency;
(B) effectively engage the owners and tenants of
affordable housing;
(C) have a public education component;
(D) use measurement and verification protocols; and
(E) identify water efficient technologies;
(8) developing and implementing building codes and
inspection services to promote building water efficiency;
(9) adopting ordinances for the annual benchmarking of the
water use of large buildings and the public posting of water
benchmark reports;
(10) implementing water distribution technologies that
significantly increase water efficiency, including--
(A) customer service meters with enhanced accuracy
at low flow levels;
(B) automated meter infrastructure for data
collection, analysis, and display;
(C) pressure monitoring and management to mitigate
excessive pressure;
(D) agricultural water distribution improvements,
including--
(i) water measurement devices of sufficient
accuracy to use for billing purposes;
(ii) enclosure and pressurization of
agricultural water delivery systems; and
(iii) addition of regulatory storage and
automated controls within distribution systems
to enable fulfillment of irrigation delivery
requests in not more than 24 hours; and
(E) other activities that may have water
conservation and efficiency benefits; and
(11) any other appropriate activities, as determined by the
Secretary, in consultation with--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Transportation;
(C) the Secretary of Agriculture; and
(D) the Secretary of Housing and Urban Development.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,000,000,000
for each of fiscal years 2020 through 2024.
SEC. 308. RURAL WATER SUPPLY PROGRAM REAUTHORIZATION.
(a) Authorization of Appropriation.--Section 109(a) of the Rural
Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended by striking
``2016'' and inserting ``2026''.
(b) Termination of Authority.--Section 110 of the Rural Water
Supply Act of 2006 (43 U.S.C. 2409) is amended by striking ``2016'' and
inserting ``2026''.
SEC. 309. COMBATING PFAS.
Section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1) is
amended by adding at the end the following:
``(f) Perfluoroalkyl and Polyfluoroalkyl Substances.--
``(1) In general.--Notwithstanding any other provision of
this Act and subject to paragraph (3), the Administrator shall
promulgate under subsection (b)(1)(D) an interim national
primary drinking water regulation--
``(A) for each perfluoroalkyl or polyfluoroalkyl
substance described in paragraph (2) for which the
Administrator has established a health advisory under
subsection (b)(1)(F) or a toxicity value, not later
than 2 years after the date of enactment of this
subsection; and
``(B) for the class of perfluoroalkyl and
polyfluoroalkyl substances described in paragraph (2)
for which the Administrator has not established a
health advisory under subsection (b)(1)(F) or a
toxicity value, not later than 4 years after the date
of enactment of this subsection.
``(2) Perfluoroalkyl and polyfluoroalkyl substance
described.--A perfluoroalkyl and polyfluoroalkyl substance
referred to in paragraph (1) is a perfluoroalkyl or
polyfluoroalkyl substance for which the Administrator has
validated a method to measure the level of that substance in
drinking water.
``(3) Requirement.--An interim national primary drinking
water regulation promulgated pursuant to paragraph (1) shall
be--
``(A) protective of the health of vulnerable
populations, including pregnant women, infants, and
children; and
``(B) shall be as stringent as feasible (as defined
in subsection (b)(4)(D)).''.
SEC. 310. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior, in consultation with the
heads of relevant agencies, shall establish a competitive grant program
for habitat restoration projects that accomplish 1 or more of the
following:
(1) Improve watershed health.
(2) Mitigate against the impacts of climate change.
(3) Benefit ecosystems.
(4) Protect against endemic species.
(5) Restore aspects of the natural ecosystem.
(6) Enhance commercial and recreational fishing.
(b) Requirements.--
(1) In general.--In awarding a grant under subsection (a),
the Secretary--
(A) shall give priority to a project that achieves
more than 1 of the benefits described in that
subsection; and
(B) may not provide a grant for a project that is
for the purpose of meeting existing environmental
mitigation or compliance obligations.
(2) Compliance.--A project awarded a grant under subsection
(a) shall comply with all applicable Federal and State laws.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2020 through 2024.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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