II 

112TH CONGRESS 

1ST SESSION S. 1669 

To authorize the Administrator of the Environmental Protection Agency to 

establish a program of awarding grants to owners or operators of water 

systems to increase the resiliency or adaptability of the systems to 

any ongoing or forecasted changes to the hydrologic conditions of a 

region of the United States. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2011 

Mr. CARDIN (for himself, Mrs. BOXER, and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To authorize the Administrator of the Environmental Protection Agency to establish a program of awarding grants 

to owners or operators of water systems to increase 

the resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions 

of a region of the United States. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Resiliency and Sustainability Act of 2011’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) HYDROLOGIC CONDITION.—The term ‘‘hy7 drologic condition’’ means the quality, quantity, or 

8 reliability of the water resources of a region of the 

9 United States. 

10 (3) OWNER OR OPERATOR OF A WATER SYS11 TEM.— 

12 (A) IN GENERAL.—The term ‘‘owner or 

13 operator of a water system’’ means an entity 

14 (including a regional, State, tribal, local, munic15 ipal, or private entity) that owns or operates a 

16 water system. 

17 (B) INCLUSIONS.—The term ‘‘owner or op18 erator of a water system’’ includes— 

19 (i) a non-Federal entity that has oper20 ational responsibilities for a federally, trib21 ally, or State-owned water system; and 

22 (ii) an entity established by an agree23 ment between— 

24 (I) an entity that owns or oper25 ates a water system; and 

26 (II) at least 1 other entity. 


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1 (4) WATER SYSTEM.—The term ‘‘water sys2 tem’’ means— 

3 (A) a community water system (as defined 

4 in section 1401 of the Safe Drinking Water Act 

5 (42 U.S.C. 300f)); 

6 (B) a treatment works (as defined in sec7 tion 212 of the Federal Water Pollution Control 

8 Act (33 U.S.C. 1292)), including a municipal 

9 separate storm sewer system (as such term is 

10 used in that Act (33 U.S.C. 1251 et seq.)); 

11 (C) a decentralized wastewater treatment 

12 system for domestic sewage; 

13 (D) a groundwater storage and replenish14 ment system; 

15 (E) a system for transport and delivery of 

16 water for irrigation or conservation; or 

17 (F) a natural or engineered system that 

18 manages floodwater. 

19 SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUS20 TAINABILITY. 

21 (a) PROGRAM.—The Administrator shall establish 

22 and implement a program, to be known as the ‘‘Water 

23 Infrastructure Resiliency and Sustainability Program’’, 

24 under which the Administrator shall award grants for each 

25 of fiscal years 2012 through 2016 to owners or operators 


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1 of water systems for the purpose of increasing the resil2 iency or adaptability of the water systems to any ongoing 

3 or forecasted changes (based on the best available research 

4 and data) to the hydrologic conditions of a region of the 

5 United States. 

6 (b) USE OF FUNDS.—As a condition on receipt of 

7 a grant under this Act, an owner or operator of a water 

8 system shall agree to use the grant funds exclusively to 

9 assist in the planning, design, construction, implementa10 tion, operation, or maintenance of a program or project 

11 that meets the purpose described in subsection (a) by— 

12 (1) conserving water or enhancing water use ef13 ficiency, including through the use of water metering 

14 and electronic sensing and control systems to meas15 ure the effectiveness of a water efficiency program; 

16 (2) modifying or relocating existing water sys17 tem infrastructure made or projected to be signifi18 cantly impaired by changing hydrologic conditions; 

19 (3) preserving or improving water quality, in20 cluding through measures to manage, reduce, treat, 

21 or reuse municipal stormwater, wastewater, or 

22 drinking water; 

23 (4) investigating, designing, or constructing 

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1 nation facilities or systems to serve existing commu2 nities; 

3 (5) enhancing water management by increasing 

4 watershed preservation and protection, such as 

5 through the use of natural or engineered green in6 frastructure in the management, conveyance, or 

7 treatment of water, wastewater, or stormwater; 

8 (6) enhancing energy efficiency or the use and 

9 generation of renewable energy in the management, 

10 conveyance, or treatment of water, wastewater, or 

11 stormwater; 

12 (7) supporting the adoption and use of ad13 vanced water treatment, water supply management 

14 (such as reservoir reoperation and water banking), 

15 or water demand management technologies, projects, 

16 or processes (such as water reuse and recycling, 

17 adaptive conservation pricing, and groundwater 

18 banking) that maintain or increase water supply or 

19 improve water quality; 

20 (8) modifying or replacing existing systems or 

21 constructing new systems for existing communities 

22 or land that is being used for agricultural production 

23 to improve water supply, reliability, storage, or con24 veyance in a manner that— 


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1 (A) promotes conservation or improves the 

2 efficiency of use of available water supplies; and 

3 (B) does not further exacerbate stresses on 

4 ecosystems or cause redirected impacts by de5 grading water quality or increasing net green6 house gas emissions; 

7 (9) supporting practices and projects, such as 

8 improved irrigation systems, water banking and 

9 other forms of water transactions, groundwater re10 charge, stormwater capture, groundwater conjunc11 tive use, and reuse or recycling of drainage water, 

12 to improve water quality or promote more efficient 

13 water use on land that is being used for agricultural 

14 production; 

15 (10) reducing flood damage, risk, and vulner16 ability by— 

17 (A) restoring floodplains, wetland, and up18 land integral to flood management, protection, 

19 prevention, and response; 

20 (B) modifying levees, floodwalls, and other 

21 structures through setbacks, notches, gates, re22 moval, or similar means to facilitate reconnec23 tion of rivers to floodplains, reduce flood stage 

24 height, and reduce damage to properties and 

25 populations; 


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1 (C) providing for acquisition and easement 

2 of flood-prone land and properties in order to 

3 reduce damage to property and risk to popu4 lations; or 

5 (D) promoting land use planning that pre6 vents future floodplain development; 

7 (11) conducting and completing studies or as8 sessments to project how changing hydrologic condi9 tions may impact the future operations and sustain10 ability of water systems; or 

11 (12) developing and implementing measures to 

12 increase the resilience of water systems and regional 

13 and hydrological basins, including the Colorado 

14 River Basin, to rapid hydrologic change or a natural 

15 disaster (such as tsunami, earthquake, flood, or vol16 canic eruption). 

17 (c) APPLICATION.—To seek a grant under this Act, 

18 the owner or operator of a water system shall submit to 

19 the Administrator an application that— 

20 (1) includes a proposal for the program, strat21 egy, or infrastructure improvement to be planned, 

22 designed, constructed, implemented, or maintained 

23 by the water system; 

24 (2) provides the best available research or data 

25 that demonstrate— 


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1 (A) the risk to the water resources or in2 frastructure of the water system as a result of 

3 ongoing or forecasted changes to the 

4 hydrological system of a region, including rising 

5 sea levels and changes in precipitation patterns; 

6 and 

7 (B) the manner in which the proposed pro8 gram, strategy, or infrastructure improvement 

9 would perform under the anticipated hydrologic 

10 conditions; 

11 (3) describes the manner in which the proposed 

12 program, strategy, or infrastructure improvement is 

13 expected— 

14 (A) to enhance the resiliency of the water 

15 system, including source water protection for 

16 community water systems, to the anticipated 

17 hydrologic conditions; or 

18 (B) to increase efficiency in the use of en19 ergy or water of the water system; and 

20 (4) describes the manner in which the proposed 

21 program, strategy, or infrastructure improvement is 

22 consistent with an applicable State, tribal, or local 

23 climate adaptation plan, if any. 

24 (d) PRIORITY.— 


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1 (1) WATER SYSTEMS AT GREATEST AND MOST

2 IMMEDIATE RISK.—In selecting grantees under this 

3 Act, subject to section 4(b), the Administrator shall 

4 give priority to owners or operators of water systems 

5 that are, based on the best available research and 

6 data, at the greatest and most immediate risk of 

7 facing significant negative impacts due to changing 

8 hydrologic conditions. 

9 (2) GOALS.—In selecting among applicants de10 scribed in paragraph (1), the Administrator shall en11 sure that, to the maximum extent practicable, the 

12 final list of applications funded for each year in13 cludes a substantial number that propose to use in14 novative approaches to meet 1 or more of the fol15 lowing goals: 

16 (A) Promoting more efficient water use, 

17 water conservation, water reuse, or recycling. 

18 (B) Using decentralized, low-impact devel19 opment technologies and nonstructural ap20 proaches, including practices that use, enhance, 

21 or mimic the natural hydrological cycle or pro22 tect natural flows. 

23 (C) Reducing stormwater runoff or flood24 ing by protecting or enhancing natural eco25 system functions. 


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1 (D) Modifying, upgrading, enhancing, or 

2 replacing existing water system infrastructure 

3 in response to changing hydrologic conditions. 

4 (E) Improving water quality or quantity 

5 for agricultural and municipal uses, including 

6 through salinity reduction. 

7 (F) Providing multiple benefits, including 

8 to water supply enhancement or demand reduc9 tion, water quality protection or improvement, 

10 increased flood protection, and ecosystem pro11 tection or improvement. 

12 (e) COST-SHARING REQUIREMENT.— 

13 (1) FEDERAL SHARE.—The share of the cost of 

14 any program, strategy, or infrastructure improve15 ment that is the subject of a grant awarded by the 

16 Administrator to the owner or operator of a water 

17 system under subsection (a) paid through funds dis18 tributed under this Act shall not exceed 50 percent 

19 of the cost of the program, strategy, or infrastruc20 ture improvement. 

21 (2) CALCULATION OF NON-FEDERAL SHARE.— 

22 In calculating the non-Federal share of the cost of 

23 a program, strategy, or infrastructure improvement 

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1 mitted under subsection (c), the Administrator 

2 shall— 

3 (A) include the value of any in-kind serv4 ices that are integral to the completion of the 

5 program, strategy, or infrastructure improve6 ment, including reasonable administrative and 

7 overhead costs; and 

8 (B) not include any other amount that the 

9 water system involved receives from the Federal 

10 Government. 

11 (f) REPORT TO CONGRESS.—Not later than 3 years 

12 after the date of enactment of this Act, and every 3 years 

13 thereafter, the Administrator shall submit to Congress a 

14 report that— 

15 (1) describes the progress in implementing this 

16 Act; and 

17 (2) includes information on project applications 

18 received and funded annually under this Act. 

19 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There is authorized to be appro21 priated to carry out this Act $50,000,000 for each of fiscal 

22 years 2012 through 2016. 

23 (b) REDUCTION OF FLOOD DAMAGE, RISK, AND

24 VULNERABILITY.—Of the amount made available to carry 

25 out this Act for a fiscal year, not more than 20 percent 


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1 may be made available to grantees for activities described 

2 in subsection (b)(10). 

Æ 


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