II 

Calendar No. 109 

115TH CONGRESS 

1ST SESSION S. 692 

[Report No. 115–87] 

To provide for integrated plan permits, to establish an Office of the Municipal 

Ombudsman, to promote green infrastructure, and to require the revision 

of financial capability guidance. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2017 

Mrs. FISCHER (for herself, Mr. BROWN, Mr. CARDIN, Mr. BOOZMAN, Mr. 

PORTMAN, Mr. BLUNT, Mr. BOOKER, Mr. INHOFE, Ms. KLOBUCHAR, and 

Mr. DONNELLY) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

MAY 25, 2017 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for integrated plan permits, to establish an Office 

of the Municipal Ombudsman, to promote green infrastructure, and to require the revision of financial capability guidance. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Water Infrastructure 

3 Flexibility Act’’. 

4 SEC. 2. DEFINITION OF ADMINISTRATOR. 

5 In this Act, the term ‘‘Administrator’’ means the Ad6 ministrator of the Environmental Protection Agency. 

7 SEC. 3. INTEGRATED PLANS. 

8 (a) INTEGRATED PLANS.—Section 402 of the Fed9 eral Water Pollution Control Act (33 U.S.C. 1342) is 

10 amended by adding at the end the following: 

11 ‘‘(s) INTEGRATED PLAN PERMITS.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) GREEN INFRASTRUCTURE.—The 

14 term ‘green infrastructure’ means the range of 

15 measures that use plant or soil systems, per16 meable pavement or other permeable surfaces 

17 or substrates, stormwater harvest and reuse, or 

18 landscaping to store, infiltrate, or evapotranspi19 rate stormwater and reduce flows to sewer sys20 tems or to surface waters. 

21 ‘‘(B) INTEGRATED PLAN.—The term ‘inte22 grated plan’ has the meaning given in Part III 

23 of the Integrated Municipal Stormwater and 

24 Wastewater Planning Approach Framework, 

25 issued by the Environmental Protection Agency 

26 and dated June 5, 2012. 

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1 ‘‘(C) MUNICIPAL DISCHARGE.— 

2 ‘‘(i) IN GENERAL.—The term ‘munic3 ipal discharge’ means a discharge from a 

4 treatment works (as defined in section 

5 212) or a discharge from a municipal 

6 storm sewer under subsection (p). 

7 ‘‘(ii) INCLUSION.—The term ‘munic8 ipal discharge’ includes a discharge of 

9 wastewater or storm water collected from 

10 multiple municipalities if the discharge is 

11 covered by the same permit issued under 

12 this section. 

13 ‘‘(2) INTEGRATED PLAN.— 

14 ‘‘(A) IN GENERAL.—The Administrator (or 

15 a State, in the case of a permit program ap16 proved under subsection (b)) shall inform a mu17 nicipal permittee or multiple municipal permit18 tees of the opportunity to develop an integrated 

19 plan. 

20 ‘‘(B) SCOPE OF PERMIT INCORPORATING

21 INTEGRATED PLAN.—A permit issued under 

22 this subsection that incorporates an integrated 

23 plan may integrate all requirements under this 

24 Act addressed in the integrated plan, including 

25 requirements relating to— 

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1 ‘‘(i) a combined sewer overflow; 

2 ‘‘(ii) a capacity, management, oper3 ation, and maintenance program for sani4 tary sewer collection systems; 

5 ‘‘(iii) a municipal stormwater dis6 charge; 

7 ‘‘(iv) a municipal wastewater dis8 charge; and 

9 ‘‘(v) a water quality-based effluent 

10 limitation to implement an applicable 

11 wasteload allocation in a total maximum 

12 daily load. 

13 ‘‘(3) COMPLIANCE SCHEDULES.— 

14 ‘‘(A) IN GENERAL.—A permit for a munic15 ipal discharge by a municipality that incor16 porates an integrated plan may include a sched17 ule of compliance, under which actions taken to 

18 meet any applicable water quality-based effluent 

19 limitation may be implemented over more than 

20 1 permit term if the compliance schedules are 

21 authorized by State water quality standards. 

22 ‘‘(B) INCLUSION.—Actions subject to a 

23 compliance schedule under subparagraph (A) 

24 may include green infrastructure if implemstockstill on DSK30JT082PROD with BILLS

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1 mented as part of a water quality-based effluent 

2 limitation. 

3 ‘‘(C) REVIEW.—A schedule of compliance 

4 may be reviewed each time the permit is re5 newed. 

6 ‘‘(4) EXISTING AUTHORITIES RETAINED.— 

7 ‘‘(A) APPLICABLE STANDARDS.—Nothing 

8 in this subsection modifies any obligation to 

9 comply with applicable technology and water 

10 quality-based effluent limitations under this 

11 Act. 

12 ‘‘(B) FLEXIBILITY.—Nothing in this sub13 section reduces or eliminates any flexibility 

14 available under this Act, including the authority 

15 of— 

16 ‘‘(i) a State to revise a water quality 

17 standard after a use attainability analysis 

18 under section 131.10(g) of title 40, Code 

19 of Federal Regulations (as in effect on the 

20 date of enactment of this subsection), sub21 ject to the approval of the Administrator 

22 under section 303(c); and 

23 ‘‘(ii) the Administrator or a State to 

24 authorize a schedule of compliance that ex25 tends beyond the date of expiration of a 

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1 permit term if the schedule of compliance 

2 meets the requirements of section 122.47 

3 of title 40, Code of Federal Regulations 

4 (as in effect on the date of enactment of 

5 this subsection). 

6 ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 

7 ‘‘(A) IN GENERAL.—Nothing in section 

8 301(b)(1)(C) precludes a State from author9 izing in the water quality standards of the 

10 State the issuance of a schedule of compliance 

11 to meet water quality-based effluent limitations 

12 in permits that incorporate provisions of an in13 tegrated plan. 

14 ‘‘(B) TRANSITION RULE.—In any case in 

15 which a discharge is subject to a judicial order 

16 or consent decree as of the date of enactment 

17 of the Water Infrastructure Flexibility Act re18 solving an enforcement action under this Act, 

19 any schedule of compliance issued pursuant to 

20 an authorization in a State water quality stand21 ard shall not revise or otherwise affect a sched22 ule of compliance in that order or decree unless 

23 the order or decree is modified by agreement of 

24 the parties and the court.’’. 

25 (b) MUNICIPAL OMBUDSMAN.— 

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1 (1) ESTABLISHMENT.—There is established 

2 within the Office of the Administrator an Office of 

3 the Municipal Ombudsman. 

4 (2) GENERAL DUTIES.—The duties of the mu5 nicipal ombudsman shall include the provision of— 

6 (A) technical assistance to municipalities 

7 seeking to comply with the Federal Water Pol8 lution Control Act (33 U.S.C. 1251 et seq.) and 

9 the Safe Drinking Water Act (42 U.S.C. 300f 

10 et seq.); and 

11 (B) information to the Administrator to 

12 help the Administrator ensure that agency poli13 cies are implemented by all offices of the Envi14 ronmental Protection Agency, including regional 

15 offices. 

16 (3) ACTIONS REQUIRED.—The municipal om17 budsman shall work with appropriate offices at the 

18 headquarters and regional offices of the Environ19 mental Protection Agency to ensure that the munici20 pality seeking assistance is provided information— 

21 (A) about available Federal financial as22 sistance for which the municipality is eligible; 

23 (B) about flexibility available under the 

24 Federal Water Pollution Control Act (33 U.S.C. 

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1 1251 et seq.) and, if applicable, the Safe Drink2 ing Water Act (42 U.S.C. 300f et seq.); and 

3 (C) regarding the opportunity to develop 

4 an integrated plan, as defined in section 

5 402(s)(1)(B) of the Federal Water Pollution 

6 Control Act (as added by subsection (a)). 

7 (4) PRIORITY.—In carrying out paragraph (3), 

8 the municipal ombudsman shall give priority to any 

9 municipality that demonstrates affordability con10 cerns relating to compliance with the Federal Water 

11 Pollution Control Act (33 U.S.C. 1251 et seq.) or 

12 the Safe Drinking Water Act (42 U.S.C. 300f et 

13 seq.). 

14 (5) INFORMATION SHARING.—The municipal 

15 ombudsman shall publish on the website of the Envi16 ronmental Protection Agency— 

17 (A) general information relating to— 

18 (i) the technical assistance referred to 

19 in paragraph (2)(A); 

20 (ii) the financial assistance referred to 

21 in paragraph (3)(A); 

22 (iii) the flexibility referred to in para23 graph 3(B); and 

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1 (iv) any resources related to inte2 grated plans developed by the Adminis3 trator; and 

4 (B) a copy of each permit, order, or judi5 cial consent decree that implements or incor6 porates an integrated plan. 

7 (c) MUNICIPAL ENFORCEMENT.—Section 309 of the 

8 Federal Water Pollution Control Act (33 U.S.C. 1319) is 

9 amended by adding at the end the following: 

10 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

11 THROUGH ENFORCEMENT TOOLS.— 

12 ‘‘(1) IN GENERAL.—In conjunction with an en13 forcement action under subsection (a) or (b) relating 

14 to municipal discharges, the Administrator shall in15 form a municipality of the opportunity to develop an 

16 integrated plan, as defined in section 402(s). 

17 ‘‘(2) MODIFICATION.—Any municipality under 

18 an administrative order under subsection (a) or set19 tlement agreement (including a judicial consent de20 cree) under subsection (b) that has developed an in21 tegrated plan consistent with section 402(s) may re22 quest a modification of the administrative order or 

23 settlement agreement based on that integrated 

24 plan.’’. 

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1 (d) REPORT TO CONGRESS.—Not later than 2 years 

2 after the date of enactment of this Act, the Administrator 

3 shall submit to the Committee on Environment and Public 

4 Works of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representatives 

6 and make publicly available a report on each integrated 

7 plan developed and implemented through a permit, order, 

8 or judicial consent decree since the date of publication of 

9 the ‘‘Integrated Municipal Stormwater and Wastewater 

10 Planning Approach Framework’’ issued by the Environ11 mental Protection Agency and dated June 5, 2012, includ12 ing a description of the control measures, levels of control, 

13 estimated costs, and compliance schedules for the require14 ments implemented through an integrated plan. 

15 SEC. 4. GREEN INFRASTRUCTURE PROMOTION. 

16 Title V of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1361 et seq.) is amended— 

18 (1) by redesignating section 519 (33 U.S.C. 

19 1251 note) as section 520; and 

20 (2) by inserting after section 518 (33 U.S.C. 

21 1377) the following: 

22 ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

23 INFRASTRUCTURE PROMOTION. 

24 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

25 that the Office of Water, the Office of Enforcement and 

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1 Compliance Assurance, the Office of Research and Devel2 opment, and the Office of Policy of the Environmental 

3 Protection Agency promote the use of green infrastructure 

4 in and coordinate the integration of green infrastructure 

5 into, permitting programs, planning efforts, research, 

6 technical assistance, and funding guidance. 

7 ‘‘(b) DUTIES.—The Administrator shall ensure that 

8 the Office of Water— 

9 ‘‘(1) promotes the use of green infrastructure in 

10 the programs of the Environmental Protection Agen11 cy; and 

12 ‘‘(2) coordinates efforts to increase the use of 

13 green infrastructure with— 

14 ‘‘(A) other Federal departments and agen15 cies; 

16 ‘‘(B) State, tribal, and local governments; 

17 and 

18 ‘‘(C) the private sector. 

19 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO20 MOTION.—The Administrator shall direct each regional of21 fice of the Environmental Protection Agency, as appro22 priate based on local factors, and consistent with the re23 quirements of this Act, to promote and integrate the use 

24 of green infrastructure within the region that includes— 

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1 ‘‘(1) outreach and training regarding green in2 frastructure implementation for State, tribal, and 

3 local governments, tribal communities, and the pri4 vate sector; and 

5 ‘‘(2) the incorporation of green infrastructure 

6 into permitting and other regulatory programs, 

7 codes, and ordinance development, including the re8 quirements under consent decrees and settlement 

9 agreements in enforcement actions. 

10 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR11 ING.—The Administrator shall promote green infrastruc12 ture information sharing, including through an Internet 

13 website, to share information with, and provide technical 

14 assistance to, State, tribal, and local governments, tribal 

15 communities, the private sector, and the public regarding 

16 green infrastructure approaches for— 

17 ‘‘(1) reducing water pollution; 

18 ‘‘(2) protecting water resources; 

19 ‘‘(3) complying with regulatory requirements; 

20 and 

21 ‘‘(4) achieving other environmental, public 

22 health, and community goals.’’. 

23 SEC. 5. FINANCIAL CAPABILITY GUIDANCE. 

24 (a) DEFINITIONS.—In this section: 

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1 (1) AFFORDABILITY.—The term ‘‘affordability’’ 

2 means, with respect to payment of a utility bill, a 

3 measure of whether an individual customer or house4 hold can pay the bill without undue hardship or un5 reasonable sacrifice in the essential lifestyle or 

6 spending patterns of the individual or household, as 

7 determined by the Administrator. 

8 (2) FINANCIAL CAPABILITY.—The term ‘‘finan9 cial capability’’ means the financial capability of a 

10 community to make investments necessary to make 

11 water quality or drinking water improvements. 

12 (3) GUIDANCE.—The term ‘‘guidance’’ means 

13 the guidance published by the Administrator entitled 

14 ‘‘Combined Sewer Overflows—Guidance for Finan15 cial Capability Assessment and Schedule Develop16 ment’’ and dated February 1997, as applicable to 

17 the combined sewer overflows and sanitary sewer 

18 overflows guidance published by the Administrator 

19 entitled ‘‘Financial Capability Assessment Frame20 work’’ and dated November 24, 2014. 

21 (b) USE OF MEDIAN HOUSEHOLD INCOME.—The 

22 Administrator shall not use median household income as 

23 the sole indicator of affordability for a residential house24 hold. 

25 (c) REVISED GUIDANCE.— 

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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of completion of the National Academy of 

3 Public Administration study to establish a definition 

4 and framework for community affordability required 

5 by Senate Report 114–70, accompanying S. 1645 

6 (114th Congress), the Administrator shall revise the 

7 guidance described in subsection (a)(3). 

8 (2) USE OF GUIDANCE.—Beginning on the date 

9 on which the revised guidance referred to in para10 graph (1) is finalized, the Administrator shall use 

11 the revised guidance in lieu of the guidance de12 scribed in subsection (a)(3). 

13 (d) CONSIDERATION AND CONSULTATION.— 

14 (1) CONSIDERATION.—In revising the guidance, 

15 the Administrator shall consider— 

16 (A) the recommendations of the study re17 ferred to in subsection (c) and any other rel18 evant study, as determined by the Adminis19 trator; 

20 (B) local economic conditions, including 

21 site-specific local conditions that should be 

22 taken into consideration in analyzing financial 

23 capability; 

24 (C) other essential community investments; 

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1 (D) potential adverse impacts on distressed 

2 populations, including the percentage of low-in3 come ratepayers within the service area of a 

4 utility and impacts in communities with dis5 parate economic conditions throughout the en6 tire service area of a utility; 

7 (E) the degree to which rates of low-in8 come consumers would be affected by water in9 frastructure investments and the use of rate 

10 structures to address the rates of low-income 

11 consumers; 

12 (F) an evaluation of an array of factors, 

13 the relative importance of which may vary 

14 across regions and localities; and 

15 (G) the appropriate weight for economic, 

16 public health, and environmental benefits asso17 ciated with improved water quality. 

18 (2) CONSULTATION.—Any revised guidance 

19 issued to replace the guidance shall be developed in 

20 consultation with stakeholders. 

21 (e) PUBLICATION AND SUBMISSION.— 

22 (1) IN GENERAL.—On completion of the revi23 sion of the guidance, the Administrator shall publish 

24 in the Federal Register and submit to the Com25 mittee on Environment and Public Works of the 

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1 Senate and the Committee on Transportation and 

2 Infrastructure of the House of Representatives the 

3 revised guidance. 

4 (2) EXPLANATION.—If the Administrator 

5 makes a determination not to follow one or more 

6 recommendations of the study referred to in sub7 section (c)(1), the Administrator shall include in the 

8 publication and submission under paragraph (1) an 

9 explanation of that decision. 

10 (f) EFFECT.—Nothing in this section preempts or 

11 interferes with any obligation to comply with any Federal 

12 law, including the Federal Water Pollution Control Act 

13 (33 U.S.C. 1251 et seq.). 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Water Infrastructure 

16 Flexibility Act’’. 

17 SEC. 2. DEFINITION OF ADMINISTRATOR. 

18 In this Act, the term ‘‘Administrator’’ means the Ad19 ministrator of the Environmental Protection Agency. 

20 SEC. 3. INTEGRATED PLANS. 

21 (a) INTEGRATED PLANS.—Section 402 of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1342) is amended 

23 by adding at the end the following: 

24 ‘‘(s) INTEGRATED PLAN PERMITS.— 

25 ‘‘(1) DEFINITIONS.—In this subsection: 

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1 ‘‘(A) GREEN INFRASTRUCTURE.—The term 

2 ‘green infrastructure’ means the range of meas3 ures that use plant or soil systems, permeable 

4 pavement or other permeable surfaces or sub5 strates, stormwater harvest and reuse, or land6 scaping to store, infiltrate, or evapotranspirate 

7 stormwater and reduce flows to sewer systems or 

8 to surface waters. 

9 ‘‘(B) INTEGRATED PLAN.—The term ‘inte10 grated plan’ has the meaning given in Part III 

11 of the Integrated Municipal Stormwater and 

12 Wastewater Planning Approach Framework, 

13 issued by the Environmental Protection Agency 

14 and dated June 5, 2012. 

15 ‘‘(C) MUNICIPAL DISCHARGE.— 

16 ‘‘(i) IN GENERAL.—The term ‘munic17 ipal discharge’ means a discharge from a 

18 treatment works (as defined in section 212) 

19 or a discharge from a municipal storm 

20 sewer under subsection (p). 

21 ‘‘(ii) INCLUSION.—The term ‘munic22 ipal discharge’ includes a discharge of 

23 wastewater or storm water collected from 

24 multiple municipalities if the discharge is 

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1 covered by the same permit issued under 

2 this section. 

3 ‘‘(2) INTEGRATED PLAN.— 

4 ‘‘(A) IN GENERAL.—The Administrator (or 

5 a State, in the case of a permit program ap6 proved under subsection (b)) shall inform a mu7 nicipal permittee or multiple municipal permit8 tees of the opportunity to develop an integrated 

9 plan. 

10 ‘‘(B) SCOPE OF PERMIT INCORPORATING IN11 TEGRATED PLAN.—A permit issued under this 

12 subsection that incorporates an integrated plan 

13 may integrate all requirements under this Act 

14 addressed in the integrated plan, including re15 quirements relating to— 

16 ‘‘(i) a combined sewer overflow; 

17 ‘‘(ii) a capacity, management, oper18 ation, and maintenance program for sani19 tary sewer collection systems; 

20 ‘‘(iii) a municipal stormwater dis21 charge; 

22 ‘‘(iv) a municipal wastewater dis23 charge; and 

24 ‘‘(v) a water quality-based effluent lim25 itation to implement an applicable 

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1 wasteload allocation in a total maximum 

2 daily load. 

3 ‘‘(3) COMPLIANCE SCHEDULES.— 

4 ‘‘(A) IN GENERAL.—A permit for a munic5 ipal discharge by a municipality that incor6 porates an integrated plan may include a sched7 ule of compliance, under which actions taken to 

8 meet any applicable water quality-based effluent 

9 limitation may be implemented over more than 

10 1 permit term if the compliance schedules are 

11 authorized by State water quality standards. 

12 ‘‘(B) INCLUSION.—Actions subject to a com13 pliance schedule under subparagraph (A) may 

14 include green infrastructure if implemented as 

15 part of a water quality-based effluent limitation. 

16 ‘‘(C) REVIEW.—A schedule of compliance 

17 may be reviewed each time the permit is re18 newed. 

19 ‘‘(4) EXISTING AUTHORITIES RETAINED.— 

20 ‘‘(A) APPLICABLE STANDARDS.—Nothing in 

21 this subsection modifies any obligation to comply 

22 with applicable technology and water quality23 based effluent limitations under this Act. 

24 ‘‘(B) FLEXIBILITY.—Nothing in this sub25 section reduces or eliminates any flexibility 

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1 available under this Act, including the authority 

2 of— 

3 ‘‘(i) a State to revise a water quality 

4 standard after a use attainability analysis 

5 under section 131.10(g) of title 40, Code of 

6 Federal Regulations (or a successor regula7 tion), subject to the approval of the Admin8 istrator under section 303(c); and 

9 ‘‘(ii) the Administrator or a State to 

10 authorize a schedule of compliance that ex11 tends beyond the date of expiration of a per12 mit term if the schedule of compliance meets 

13 the requirements of section 122.47 of title 

14 40, Code of Federal Regulations (as in effect 

15 on the date of enactment of this subsection). 

16 ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 

17 ‘‘(A) IN GENERAL.—Nothing in section 

18 301(b)(1)(C) precludes a State from authorizing 

19 in the water quality standards of the State the 

20 issuance of a schedule of compliance to meet 

21 water quality-based effluent limitations in per22 mits that incorporate provisions of an integrated 

23 plan. 

24 ‘‘(B) TRANSITION RULE.—In any case in 

25 which a discharge is subject to a judicial order 

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1 or consent decree as of the date of enactment of 

2 the Water Infrastructure Flexibility Act resolv3 ing an enforcement action under this Act, any 

4 schedule of compliance issued pursuant to an au5 thorization in a State water quality standard 

6 shall not revise a schedule of compliance in that 

7 order or decree unless the order or decree is 

8 modified by agreement of the parties and the 

9 court.’’. 

10 (b) MUNICIPAL OMBUDSMAN.— 

11 (1) ESTABLISHMENT.—There is established with12 in the Office of the Administrator an Office of the 

13 Municipal Ombudsman. 

14 (2) GENERAL DUTIES.—The duties of the munic15 ipal ombudsman shall include the provision of— 

16 (A) technical assistance to municipalities 

17 seeking to comply with the Federal Water Pollu18 tion Control Act (33 U.S.C. 1251 et seq.) and the 

19 Safe Drinking Water Act (42 U.S.C. 300f et 

20 seq.); and 

21 (B) information to the Administrator to 

22 help the Administrator ensure that agency poli23 cies are implemented by all offices of the Envi24 ronmental Protection Agency, including regional 

25 offices. 

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1 (3) ACTIONS REQUIRED.—The municipal om2 budsman shall work with appropriate offices at the 

3 headquarters and regional offices of the Environ4 mental Protection Agency to ensure that the munici5 pality seeking assistance is provided information— 

6 (A) about available Federal financial assist7 ance for which the municipality is eligible; 

8 (B) about flexibility available under the 

9 Federal Water Pollution Control Act (33 U.S.C. 

10 1251 et seq.) and, if applicable, the Safe Drink11 ing Water Act (42 U.S.C. 300f et seq.); and 

12 (C) regarding the opportunity to develop an 

13 integrated plan, as defined in section 

14 402(s)(1)(B) of the Federal Water Pollution Con15 trol Act (as added by subsection (a)). 

16 (4) INFORMATION SHARING.—The municipal om17 budsman shall publish on the website of the Environ18 mental Protection Agency— 

19 (A) general information relating to— 

20 (i) the technical assistance referred to 

21 in paragraph (2)(A); 

22 (ii) the financial assistance referred to 

23 in paragraph (3)(A); 

24 (iii) the flexibility referred to in para25 graph 3(B); and 

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1 (iv) any resources related to integrated 

2 plans developed by the Administrator; and 

3 (B) a copy of each permit, order, or judicial 

4 consent decree that implements or incorporates 

5 an integrated plan. 

6 (c) MUNICIPAL ENFORCEMENT.—Section 309 of the 

7 Federal Water Pollution Control Act (33 U.S.C. 1319) is 

8 amended by adding at the end the following: 

9 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

10 THROUGH ENFORCEMENT TOOLS.— 

11 ‘‘(1) IN GENERAL.—In conjunction with an en12 forcement action under subsection (a) or (b) relating 

13 to municipal discharges, the Administrator shall in14 form a municipality of the opportunity to develop an 

15 integrated plan, as defined in section 402(s). 

16 ‘‘(2) MODIFICATION.—Any municipality under 

17 an administrative order under subsection (a) or set18 tlement agreement (including a judicial consent de19 cree) under subsection (b) that has developed an inte20 grated plan consistent with section 402(s) may re21 quest a modification of the administrative order or 

22 settlement agreement based on that integrated plan.’’. 

23 (d) REPORT TO CONGRESS.—Not later than 2 years 

24 after the date of enactment of this Act, the Administrator 

25 shall submit to the Committee on Environment and Public 

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1 Works of the Senate and the Committee on Transportation 

2 and Infrastructure of the House of Representatives and 

3 make publicly available a report on each integrated plan 

4 developed and implemented through a permit, order, or ju5 dicial consent decree since the date of publication of the ‘‘In6 tegrated Municipal Stormwater and Wastewater Planning 

7 Approach Framework’’ issued by the Environmental Pro8 tection Agency and dated June 5, 2012, including a de9 scription of the control measures, levels of control, estimated 

10 costs, and compliance schedules for the requirements imple11 mented through an integrated plan. 

12 SEC. 4. GREEN INFRASTRUCTURE PROMOTION. 

13 Title V of the Federal Water Pollution Control Act (33 

14 U.S.C. 1361 et seq.) is amended— 

15 (1) by redesignating section 519 (33 U.S.C. 1251 

16 note) as section 520; and 

17 (2) by inserting after section 518 (33 U.S.C. 

18 1377) the following: 

19 ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

20 INFRASTRUCTURE PROMOTION. 

21 ‘‘(a) IN GENERAL.—The Administrator shall ensure 

22 that the Office of Water, the Office of Enforcement and 

23 Compliance Assurance, the Office of Research and Develop24 ment, and the Office of Policy of the Environmental Protec25 tion Agency promote the use of green infrastructure in and 

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1 coordinate the integration of green infrastructure into, per2 mitting programs, planning efforts, research, technical as3 sistance, and funding guidance. 

4 ‘‘(b) DUTIES.—The Administrator shall ensure that 

5 the Office of Water— 

6 ‘‘(1) promotes the use of green infrastructure in 

7 the programs of the Environmental Protection Agen8 cy; and 

9 ‘‘(2) coordinates efforts to increase the use of 

10 green infrastructure with— 

11 ‘‘(A) other Federal departments and agen12 cies; 

13 ‘‘(B) State, tribal, and local governments; 

14 and 

15 ‘‘(C) the private sector. 

16 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO17 MOTION.—The Administrator shall direct each regional of18 fice of the Environmental Protection Agency, as appro19 priate based on local factors, and consistent with the re20 quirements of this Act, to promote and integrate the use 

21 of green infrastructure within the region that includes— 

22 ‘‘(1) outreach and training regarding green in23 frastructure implementation for State, tribal, and 

24 local governments, tribal communities, and the pri25 vate sector; and 

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1 ‘‘(2) the incorporation of green infrastructure 

2 into permitting and other regulatory programs, codes, 

3 and ordinance development, including the require4 ments under consent decrees and settlement agree5 ments in enforcement actions. 

6 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR7 ING.—The Administrator shall promote green infrastruc8 ture information sharing, including through an Internet 

9 website, to share information with, and provide technical 

10 assistance to, State, tribal, and local governments, tribal 

11 communities, the private sector, and the public regarding 

12 green infrastructure approaches for— 

13 ‘‘(1) reducing water pollution; 

14 ‘‘(2) protecting water resources; 

15 ‘‘(3) complying with regulatory requirements; 

16 and 

17 ‘‘(4) achieving other environmental, public 

18 health, and community goals.’’. 

19 SEC. 5. FINANCIAL CAPABILITY GUIDANCE. 

20 (a) DEFINITIONS.—In this section: 

21 (1) AFFORDABILITY.—The term ‘‘affordability’’ 

22 means, with respect to payment of a utility bill, a 

23 measure of whether an individual customer or house24 hold can pay the bill without undue hardship or un25 reasonable sacrifice in the essential lifestyle or spendmstockstill on DSK30JT082PROD with BILLS

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1 ing patterns of the individual or household, as deter2 mined by the Administrator. 

3 (2) FINANCIAL CAPABILITY.—The term ‘‘finan4 cial capability’’ means the financial capability of a 

5 community to make investments necessary to make 

6 water quality or drinking water improvements. 

7 (3) GUIDANCE.—The term ‘‘guidance’’ means the 

8 guidance published by the Administrator entitled 

9 ‘‘Combined Sewer Overflows—Guidance for Financial 

10 Capability Assessment and Schedule Development’’ 

11 and dated February 1997, as applicable to the com12 bined sewer overflows and sanitary sewer overflows 

13 guidance published by the Administrator entitled ‘‘Fi14 nancial Capability Assessment Framework’’ and 

15 dated November 24, 2014. 

16 (b) USE OF MEDIAN HOUSEHOLD INCOME.—The Ad17 ministrator shall not use median household income as the 

18 sole indicator of affordability for a residential household. 

19 (c) REVISED GUIDANCE.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of completion of the National Academy of 

22 Public Administration study to establish a definition 

23 and framework for community affordability required 

24 by Senate Report 114–70, accompanying S. 1645 

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1 (114th Congress), the Administrator shall revise the 

2 guidance described in subsection (a)(3). 

3 (2) USE OF GUIDANCE.—Beginning on the date 

4 on which the revised guidance referred to in para5 graph (1) is finalized, the Administrator shall use the 

6 revised guidance in lieu of the guidance described in 

7 subsection (a)(3). 

8 (d) CONSIDERATION AND CONSULTATION.— 

9 (1) CONSIDERATION.—In revising the guidance, 

10 the Administrator shall consider— 

11 (A) the recommendations of the study re12 ferred to in subsection (c) and any other relevant 

13 study, as determined by the Administrator; 

14 (B) local economic conditions, including 

15 site-specific local conditions that should be taken 

16 into consideration in analyzing financial capa17 bility; 

18 (C) other essential community investments; 

19 (D) potential adverse impacts on distressed 

20 populations, including the percentage of low-in21 come ratepayers within the service area of a util22 ity and impacts in communities with disparate 

23 economic conditions throughout the entire service 

24 area of a utility; 

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1 (E) the degree to which rates of low-income 

2 consumers would be affected by water infrastruc3 ture investments, the use of rate structures, and 

4 customer assistance programs to address the 

5 rates of low-income consumers; 

6 (F) an evaluation of an array of factors, the 

7 relative importance of which may vary across re8 gions and localities; and 

9 (G) the appropriate weight for economic, 

10 public health, and environmental benefits. 

11 (2) CONSULTATION.—Any revised guidance 

12 issued to replace the guidance shall be developed in 

13 consultation with stakeholders. 

14 (e) PUBLICATION AND SUBMISSION.— 

15 (1) IN GENERAL.—On completion of the revision 

16 of the guidance, the Administrator shall publish in 

17 the Federal Register and submit to the Committee on 

18 Environment and Public Works of the Senate and the 

19 Committee on Transportation and Infrastructure of 

20 the House of Representatives the revised guidance. 

21 (2) EXPLANATION.—If the Administrator makes 

22 a determination not to follow one or more rec23 ommendations of the study referred to in subsection 

24 (c)(1), the Administrator shall include in the publicamstockstill on DSK30JT082PROD with BILLS

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1 tion and submission under paragraph (1) an expla2 nation of that decision. 

3 (f) EFFECT.—Nothing in this section preempts or 

4 interferes with any obligation to comply with any Federal 

5 law, including the Federal Water Pollution Control Act (33 

6 U.S.C. 1251 et seq.). 

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Calendar No. 109 

115TH CONGRESS 

1ST SESSION S. 692 

[Report No. 115–87] 

A BILL 

To provide for integrated plan permits, to establish 

vision of financial capability guidance. mote green infrastructure, and to require the rean Office of the Municipal Ombudsman, to proMAY 25, 2017 

Reported with an amendment 

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