Water Efficiency, Conservation, and Sustainability Act of 2023
This bill establishes three grant programs within the Environmental Protection Agency (EPA) to address water efficiency and water losses.
First, the EPA must establish a grant program to assist states, local governments, tribal governments, public water systems, and nonprofit organizations in carrying out their water efficiency incentive programs.
Second, the EPA must establish and carry out a program that provides grants and technical assistance for conducting annual audits of public water systems, implementing controls to address losses identified in the audits, and helping public water systems that have conducted and validated audits to establish water loss control programs.
Third, the EPA must establish a grant program to assist states, tribal governments, and local governments in adopting and implementing certain water-efficient plumbing codes.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5016 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5016
To increase efficiency and conservation in public water systems, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Levin introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To increase efficiency and conservation in public water systems, 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 Efficiency, Conservation, and
Sustainability Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A State, local, or Tribal government, or any
special-purpose unit of such a government (including a
municipal water authority).
(B) A public water system.
(C) A nonprofit organization.
(3) Energy star program.--The term ``Energy Star program''
means the Energy Star program established by section 324A of
the Energy Policy and Conservation Act (42 U.S.C. 6294a).
(4) Low-income household.--The term ``low-income
household'' means a household that meets the income
qualifications established under--
(A) section 2605(b)(2) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2));
or
(B) the Low-Income Household Drinking Water and
Wastewater Emergency Assistance Program authorized by
section 533 of division H of the Consolidated
Appropriations Act, 2021 (Public Law 116-260; 134 Stat.
1627).
(5) Public water system.--The term ``public water system''
has the meaning given the term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(6) Water efficiency incentive program.--The term ``water
efficiency incentive program'' means a program for providing
incentives, including direct installation services, to
residential, commercial, or industrial customers of a public
water system for the purchase, lease, installation, use, or
implementation, as applicable, of water-efficient upgrades.
(7) Water-efficient upgrade.--
(A) In general.--The term ``water-efficient
upgrade'' means a product, landscape, label, process,
or service for a residential, commercial, or industrial
building, or the landscape of such a building, that
is--
(i) rated for water efficiency and
performance under the WaterSense program or the
Energy Star program; or
(ii) otherwise determined by the
Administrator to improve water-use efficiency.
(B) Inclusions.--The term ``water-efficient
upgrade'' includes--
(i) a faucet;
(ii) a showerhead;
(iii) a dishwasher;
(iv) a toilet;
(v) a clothes washer;
(vi) an irrigation product or service;
(vii) advanced metering infrastructure;
(viii) a flow monitoring device;
(ix) a landscaping or gardening product,
including moisture control or water-enhancing
technology;
(x) xeriscaping, turf removal, or another
landscape conversion that reduces water use
(except for the installation of artificial
turf); and
(xi) any other product, landscape, process,
or service--
(I) certified pursuant to the
WaterSense program; or
(II) otherwise determined by the
Administrator to reduce water use or
water loss, including products rated
for water efficiency and performance
under the Energy Star program.
(8) Water loss control program.--The term ``water loss
control program'' means a program to identify and quantify
water uses and losses, implement controls to reduce or
eliminate losses and leaks, and evaluate the effectiveness of
such controls.
(9) Watersense program.--The term ``WaterSense program''
means the program established by section 324B of the Energy
Policy and Conservation Act (42 U.S.C. 6294b).
SEC. 3. WATER EFFICIENCY AND CONSERVATION GRANT PROGRAM.
(a) In General.--The Administrator shall establish a program to
award grants to eligible entities that have established water
efficiency incentive programs to carry out those water efficiency
incentive programs (referred to in this section as the ``grant
program'').
(b) Distribution.--In carrying out the grant program, the
Administrator shall award not less than 50 percent of the amounts made
available to carry out this section in each fiscal year to eligible
entities that service an area that--
(1) has been designated as D2 (severe drought) or greater
according to the United States Drought Monitor for a minimum of
4 weeks during any of the 3 years preceding the date of the
grant award; or
(2) is within a county for which a drought emergency has
been declared by the applicable Governor at any time during the
3-year period preceding the date of the grant award.
(c) Grant Amount.--
(1) In general.--Subject to paragraph (2), a grant awarded
under the grant program shall be in an amount that is not less
than $250,000.
(2) Small public water systems.--The Administrator may
award a grant in an amount that is less than $250,000 if the
grant is awarded to, or for the benefit of, a public water
system that serves fewer than 10,000 customers.
(d) Use of Funds.--An eligible entity receiving a grant under the
grant program shall--
(1) use grant funds to carry out a water efficiency
incentive program for customers of a public water system; or
(2) provide grant funds to another eligible entity to carry
out a water efficiency incentive program described in paragraph
(1).
(e) Minimum Requirement.--An eligible entity receiving a grant
under the grant program shall use not less than 40 percent of the
amount of the grant to provide water-efficient upgrades to low-income
households.
(f) Cost Share.--
(1) In general.--Subject to paragraph (2), the Federal
share of the cost of carrying out a water efficiency incentive
program using a grant awarded under the grant program shall not
exceed 80 percent.
(2) Waiver.--The Administrator may increase the Federal
share under paragraph (1) to 100 percent 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.
(g) Supplement, Not Supplant.--Amounts provided under a grant under
the grant program shall be used to supplement, and not supplant, other
Federal, State, local, or Tribal funds made available to carry out
water efficiency incentive programs.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years
2024 through 2028.
(2) Administrative costs.--Of the amounts made available
under paragraph (1) each fiscal year, the Administrator may use
not more than 4 percent to pay the administrative costs of the
Administrator.
SEC. 4. SUSTAINABLE WATER LOSS CONTROL PROGRAM.
(a) Technical Assistance and Grant Program.--The Administrator
shall establish and carry out a program (referred to in this section as
the ``program'')--
(1) to make grants and provide technical assistance to
eligible entities to perform annual audits of public water
systems that are--
(A) conducted in accordance with the procedures
contained in the manual published by the American Water
Works Association entitled ``M36 Water Audits and Loss
Control Programs, Fourth Edition'' (or any successor
manual determined appropriate by the Administrator);
and
(B) validated under such criteria as may be
specified by the Administrator; and
(2) to make grants and provide technical assistance to
eligible entities--
(A) to implement controls to address real water
losses, apparent water losses, or a combination of real
and apparent water losses that are identified in an
audit conducted and validated in accordance with the
procedures and criteria described in paragraph (1); and
(B) to help public water systems that have
conducted and validated such an audit establish water
loss control programs.
(b) Criteria.--In selecting eligible entities to receive grants and
technical assistance under the program, the Administrator shall
consider--
(1) whether the public water system that would be served by
the grants or technical assistance serves a disadvantaged
community (as defined in section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(d)(3))); and
(2) the ability of the public water system that would be
served by the grants or technical assistance, on completion of
an audit conducted and validated in accordance with the
procedures and criteria described in subsection (a)(1)--
(A) to successfully sustain a water loss control
program; and
(B) to demonstrate that the water loss control
program will reduce real water losses, apparent water
losses, or a combination of real and apparent water
losses from the public water system.
(c) Annual Water Savings.--The Administrator shall--
(1) annually compile, by Environmental Protection Agency
region, information on the amount of water savings achieved
pursuant to this section; and
(2) publish on the website of the Administrator the
information compiled under paragraph (1).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $40,000,000 for each of fiscal years
2024 through 2028, of which--
(A) $20,000,000 each fiscal year shall be used to
carry out subsection (a)(1); and
(B) $20,000,000 each fiscal year shall be used to
carry out subsection (a)(2).
(2) Administrative costs.--Of the amounts made available
under paragraph (1) for grants under the program each fiscal
year, the Administrator may use not more than 4 percent to pay
the administrative costs of making such grants.
SEC. 5. ASSISTANCE FOR WATER EFFICIENT PLUMBING CODE ADOPTION.
(a) Water Efficient Plumbing Codes.--The Administrator shall
establish a program to make grants to States, Tribal governments, and
units of local government that have authority to adopt plumbing codes--
(1) to adopt plumbing codes that meet or exceed--
(A) the latest American National Standard published
as the ``Water Efficiency and Sanitation Standard for
the Built Environment'' or ``WE-Stand'' (or any
successor American National Standard); or
(B) the requirements described in Chapter 6 (Water
Use Efficiency) of the code published by the
International Code Council entitled ``2018
International Green Construction Code (IGCC)'' (or any
successor requirements described in a code published by
the International Code Council); and
(2) to implement a plan for the jurisdiction to achieve,
within 5 years of the date on which the jurisdiction receives
the grant, compliance with a plumbing code described in
paragraph (1) in at least 90 percent of new and renovated
residential, commercial, and industrial buildings, as
applicable, which shall include--
(A) workforce training;
(B) an enforcement program; and
(C) a compliance measurement program.
(b) Subgrant Authority.--A State that has adopted a plumbing code
described in subsection (a)(1) may use funds from a grant under this
section to make subgrants to relevant Tribal or local agencies to
implement the plumbing code through 1 or more of the following:
(1) Workforce training.
(2) An enforcement program.
(3) A compliance measurement program.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2024 through 2028.
(2) Administrative costs.--Of the amounts made available
under paragraph (1) for grants under this section each fiscal
year, the Administrator may use not more than 4 percent to pay
the administrative costs of the Administrator.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
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