IC 

115TH CONGRESS 

1ST SESSION S. 692 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 10, 2017 

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

AN ACT 

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 impleVerDate Sep 11 2014 01:06 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S692.RFH S692

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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 (or a successor reg20 ulation), subject to the approval of the Ad21 ministrator under section 303(c); and 

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

23 authorize a schedule of compliance that ex24 tends beyond the date of expiration of a 

25 permit term if the schedule of compliance 


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1 meets the requirements of section 122.47 

2 of title 40, Code of Federal Regulations 

3 (as in effect on the date of enactment of 

4 this subsection). 

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

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

7 301(b)(1)(C) precludes a State from author8 izing in the water quality standards of the 

9 State the issuance of a schedule of compliance 

10 to meet water quality-based effluent limitations 

11 in permits that incorporate provisions of an in12 tegrated plan. 

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

14 which a discharge is subject to a judicial order 

15 or consent decree as of the date of enactment 

16 of the Water Infrastructure Flexibility Act re17 solving an enforcement action under this Act, 

18 any schedule of compliance issued pursuant to 

19 an authorization in a State water quality stand20 ard shall not revise a schedule of compliance in 

21 that order or decree unless the order or decree 

22 is modified by agreement of the parties and the 

23 court.’’. 

24 (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) INFORMATION SHARING.—The municipal 

8 ombudsman shall publish on the website of the Envi9 ronmental Protection Agency— 

10 (A) general information relating to— 

11 (i) the technical assistance referred to 

12 in paragraph (2)(A); 

13 (ii) the financial assistance referred to 

14 in paragraph (3)(A); 

15 (iii) the flexibility referred to in para16 graph 3(B); and 

17 (iv) any resources related to inte18 grated plans developed by the Adminis19 trator; and 

20 (B) a copy of each permit, order, or judi21 cial consent decree that implements or incor22 porates an integrated plan. 

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

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

25 amended by adding at the end the following: 


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1 ‘‘(h) IMPLEMENTATION OF INTEGRATED PLANS

2 THROUGH ENFORCEMENT TOOLS.— 

3 ‘‘(1) IN GENERAL.—In conjunction with an en4 forcement action under subsection (a) or (b) relating 

5 to municipal discharges, the Administrator shall in6 form a municipality of the opportunity to develop an 

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

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

9 an administrative order under subsection (a) or set10 tlement agreement (including a judicial consent de11 cree) under subsection (b) that has developed an in12 tegrated plan consistent with section 402(s) may re13 quest a modification of the administrative order or 

14 settlement agreement based on that integrated 

15 plan.’’. 

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

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

18 shall submit to the Committee on Environment and Public 

19 Works of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 and make publicly available a report on each integrated 

22 plan developed and implemented through a permit, order, 

23 or judicial consent decree since the date of publication of 

24 the ‘‘Integrated Municipal Stormwater and Wastewater 

25 Planning Approach Framework’’ issued by the EnvironVerDate Sep 11 2014 01:06 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S692.RFH S692

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1 mental Protection Agency and dated June 5, 2012, includ2 ing a description of the control measures, levels of control, 

3 estimated costs, and compliance schedules for the require4 ments implemented through an integrated plan. 

5 SEC. 4. GREEN INFRASTRUCTURE PROMOTION. 

6 Title V of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1361 et seq.) is amended— 

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

9 1251 note) as section 520; and 

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

11 1377) the following: 

12 ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 

13 INFRASTRUCTURE PROMOTION. 

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

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

16 Compliance Assurance, the Office of Research and Devel17 opment, and the Office of Policy of the Environmental 

18 Protection Agency promote the use of green infrastructure 

19 in and coordinate the integration of green infrastructure 

20 into, permitting programs, planning efforts, research, 

21 technical assistance, and funding guidance. 

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

23 the Office of Water— 


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

2 the programs of the Environmental Protection Agen3 cy; and 

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

5 green infrastructure with— 

6 ‘‘(A) other Federal departments and agen7 cies; 

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

9 and 

10 ‘‘(C) the private sector. 

11 ‘‘(c) REGIONAL GREEN INFRASTRUCTURE PRO12 MOTION.—The Administrator shall direct each regional of13 fice of the Environmental Protection Agency, as appro14 priate based on local factors, and consistent with the re15 quirements of this Act, to promote and integrate the use 

16 of green infrastructure within the region that includes— 

17 ‘‘(1) outreach and training regarding green in18 frastructure implementation for State, tribal, and 

19 local governments, tribal communities, and the pri20 vate sector; and 

21 ‘‘(2) the incorporation of green infrastructure 

22 into permitting and other regulatory programs, 

23 codes, and ordinance development, including the re24 quirements under consent decrees and settlement 

25 agreements in enforcement actions. 


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1 ‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR2 ING.—The Administrator shall promote green infrastruc3 ture information sharing, including through an Internet 

4 website, to share information with, and provide technical 

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

6 communities, the private sector, and the public regarding 

7 green infrastructure approaches for— 

8 ‘‘(1) reducing water pollution; 

9 ‘‘(2) protecting water resources; 

10 ‘‘(3) complying with regulatory requirements; 

11 and 

12 ‘‘(4) achieving other environmental, public 

13 health, and community goals.’’. 

14 SEC. 5. FINANCIAL CAPABILITY GUIDANCE. 

15 (a) DEFINITIONS.—In this section: 

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

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

18 measure of whether an individual customer or house19 hold can pay the bill without undue hardship or un20 reasonable sacrifice in the essential lifestyle or 

21 spending patterns of the individual or household, as 

22 determined by the Administrator. 

23 (2) FINANCIAL CAPABILITY.—The term ‘‘finan24 cial capability’’ means the financial capability of a 


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1 community to make investments necessary to make 

2 water quality or drinking water improvements. 

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

4 the guidance published by the Administrator entitled 

5 ‘‘Combined Sewer Overflows—Guidance for Finan6 cial Capability Assessment and Schedule Develop7 ment’’ and dated February 1997, as applicable to 

8 the combined sewer overflows and sanitary sewer 

9 overflows guidance published by the Administrator 

10 entitled ‘‘Financial Capability Assessment Frame11 work’’ and dated November 24, 2014. 

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

13 Administrator shall not use median household income as 

14 the sole indicator of affordability for a residential house15 hold. 

16 (c) REVISED GUIDANCE.— 

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

18 the date of completion of the National Academy of 

19 Public Administration study to establish a definition 

20 and framework for community affordability required 

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

22 (114th Congress), the Administrator shall revise the 

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

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

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1 graph (1) is finalized, the Administrator shall use 

2 the revised guidance in lieu of the guidance de3 scribed in subsection (a)(3). 

4 (d) CONSIDERATION AND CONSULTATION.— 

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

6 the Administrator shall consider— 

7 (A) the recommendations of the study re8 ferred to in subsection (c) and any other rel9 evant study, as determined by the Adminis10 trator; 

11 (B) local economic conditions, including 

12 site-specific local conditions that should be 

13 taken into consideration in analyzing financial 

14 capability; 

15 (C) other essential community investments; 

16 (D) potential adverse impacts on distressed 

17 populations, including the percentage of low-in18 come ratepayers within the service area of a 

19 utility and impacts in communities with dis20 parate economic conditions throughout the en21 tire service area of a utility; 

22 (E) the degree to which rates of low-in23 come consumers would be affected by water in24 frastructure investments, the use of rate strucVerDate Sep 11 2014 01:06 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S692.RFH S692

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1 tures, and customer assistance programs to ad2 dress the rates of low-income consumers; 

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

4 the relative importance of which may vary 

5 across regions and localities; and 

6 (G) the appropriate weight for economic, 

7 public health, and environmental benefits. 

8 (2) CONSULTATION.—Any revised guidance 

9 issued to replace the guidance shall be developed in 

10 consultation with stakeholders. 

11 (e) PUBLICATION AND SUBMISSION.— 

12 (1) IN GENERAL.—On completion of the revi13 sion of the guidance, the Administrator shall publish 

14 in the Federal Register and submit to the Com15 mittee on Environment and Public Works of the 

16 Senate and the Committee on Transportation and 

17 Infrastructure of the House of Representatives the 

18 revised guidance. 

19 (2) EXPLANATION.—If the Administrator 

20 makes a determination not to follow one or more 

21 recommendations of the study referred to in sub22 section (c)(1), the Administrator shall include in the 

23 publication and submission under paragraph (1) an 

24 explanation of that decision. 


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

2 interferes with any obligation to comply with any Federal 

3 law, including the Federal Water Pollution Control Act 

4 (33 U.S.C. 1251 et seq.). 

Passed the Senate October 5, 2017. 

Attest: JULIE E. ADAMS, 

Secretary. 


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