I 

114TH CONGRESS 

2D SESSION H. R. 4954 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2016 

Mr. DEFAZIO (for himself, Mrs. NAPOLITANO, Ms. NORTON, Mr. NADLER, 

Ms. BROWN of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 

CUMMINGS, Mr. LARSEN of Washington, Mr. CAPUANO, Mr. LIPINSKI, 

Mr. COHEN, Mr. SIRES, Ms. EDWARDS, Mr. GARAMENDI, Mr. CARSON

of Indiana, Ms. HAHN, Mr. NOLAN, Mrs. KIRKPATRICK, Ms. TITUS, Mr. 

SEAN PATRICK MALONEY of New York, Ms. ESTY, Ms. FRANKEL of 

Florida, Mrs. BUSTOS, Mr. HUFFMAN, and Ms. BROWNLEY of California) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control 

revolving funds, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) IN GENERAL.—This Act may be cited as the 

5 ‘‘Water Quality Protection and Job Creation Act of 

6 2016’’. 


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1 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Federal Water Pollution Control Act. 

TITLE I—WATER QUALITY FINANCING 

Subtitle A—Technical and Management Assistance 

Sec. 101. Technical assistance. 

Sec. 102. State management assistance. 

Sec. 103. Watershed pilot projects. 

Sec. 104. Nonpoint source management programs. 

Subtitle B—State Water Pollution Control Revolving Funds 

Sec. 111. Capitalization grant agreements. 

Sec. 112. Water pollution control revolving loan funds. 

Sec. 113. State planning assistance. 

Sec. 114. Intended use plan. 

Sec. 115. Technical assistance. 

Sec. 116. Authorization of appropriations. 

TITLE II—ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW 

AND STORMWATER GRANTS 

Sec. 201. Pilot program for alternative water source projects. 

Sec. 202. Sewer overflow control grants. 

2 SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON3 TROL ACT. 

4 Except as otherwise expressly provided, whenever in 

5 this Act an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Federal Water Pollution 

9 Control Act (33 U.S.C. 1251 et seq.). 


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1 TITLE I—WATER QUALITY 

2 FINANCING 

3 Subtitle A—Technical and 

4 Management Assistance 

5 SEC. 101. TECHNICAL ASSISTANCE. 

6 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

7 TREATMENT WORKS.—Section 104(b) (33 U.S.C. 

8 1254(b)) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (6); 

11 (2) by striking the period at the end of para12 graph (7) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(8) make grants to nonprofit organizations— 

15 ‘‘(A) to provide technical assistance to 

16 rural, small, and tribal municipalities for the 

17 purpose of assisting, in consultation with the 

18 State in which the assistance is provided, such 

19 municipalities and tribal governments in the 

20 planning, developing, and acquisition of financ21 ing for eligible projects described in section 

22 603(c); 

23 ‘‘(B) to provide technical assistance and 

24 training for rural, small, and tribal publicly 

25 owned treatment works and decentralized 


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1 wastewater treatment systems to enable such 

2 treatment works and systems to protect water 

3 quality and achieve and maintain compliance 

4 with the requirements of this Act; and 

5 ‘‘(C) to disseminate information to rural, 

6 small, and tribal municipalities and municipali7 ties that meet the affordability criteria estab8 lished under section 603(i)(2) by the State in 

9 which the municipality is located with respect to 

10 planning, design, construction, and operation of 

11 publicly owned treatment works and decentral12 ized wastewater treatment systems.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 104(u) (33 U.S.C. 1254(u)) is amended— 

15 (1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 

16 and 

17 (2) by inserting before the period at the end the 

18 following: ‘‘; and (7) not to exceed $100,000,000 for 

19 each of fiscal years 2017 through 2021 for carrying 

20 out subsections (b)(3), (b)(8), and (g), except that 

21 not less than 20 percent of the amounts appro22 priated pursuant to this paragraph in a fiscal year 

23 shall be used for carrying out subsection (b)(8)’’. 


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1 SEC. 102. STATE MANAGEMENT ASSISTANCE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

3 106(a) (33 U.S.C. 1256(a)) is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (1); 

6 (2) by striking the semicolon at the end of 

7 paragraph (2) and inserting ‘‘; and’’; and 

8 (3) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) such sums as may be necessary for each 

11 of fiscal years 1991 through 2016, and 

12 $300,000,000 for each of fiscal years 2017 through 

13 2021;’’. 

14 (b) TECHNICAL AMENDMENT.—Section 106(e) (33 

15 U.S.C. 1256(e)) is amended by striking ‘‘Beginning in fis16 cal year 1974 the’’ and inserting ‘‘The’’. 

17 SEC. 103. WATERSHED PILOT PROJECTS. 

18 Section 122(c) is amended to read as follows: 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $120,000,000 for each of fiscal years 2017 through 

22 2021.’’. 

23 SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. 

24 Section 319(j) (33 U.S.C. 1329(j)) is amended by 

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1 cal year 1991’’ and inserting ‘‘$200,000,000 for each of 

2 fiscal years 2017 through 2021’’. 

3 Subtitle B—State Water Pollution 

4 Control Revolving Funds 

5 SEC. 111. CAPITALIZATION GRANT AGREEMENTS. 

6 Section 602(b) (33 U.S.C. 1382(b)) is amended— 

7 (1) in paragraph (13)(B)(iii), by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (2) in paragraph (14), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(15) the State will use at least 15 percent of 

13 the amount of each capitalization grant received by 

14 the State under this title after September 30, 2016, 

15 to provide assistance to municipalities of fewer than 

16 10,000 individuals that meet the affordability cri17 teria established by the State under section 

18 603(i)(2) for projects or activities included on the 

19 State’s priority list under section 603(g), to the ex20 tent that there are sufficient applications for such 

21 assistance.’’. 

22 SEC. 112. WATER POLLUTION CONTROL REVOLVING LOAN 

23 FUNDS. 

24 Section 603(d) (33 U.S.C. 1383(d)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (6); 

3 (2) by striking the period at the end of para4 graph (7) and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(8) to provide grants to owners and operators 

7 of treatment works that serve a population of 

8 10,000 or fewer for obtaining technical and planning 

9 assistance and assistance in financial management, 

10 user fee analysis, budgeting, capital improvement 

11 planning, facility operation and maintenance, equip12 ment replacement, and other activities to improve 

13 wastewater treatment plant management and oper14 ations, except that the total amount provided by the 

15 State in grants under this paragraph for a fiscal 

16 year may not exceed one percent of the total amount 

17 of assistance provided by the State from the fund in 

18 the preceding fiscal year, or 2 percent of the total 

19 amount received by the State in capitalization grants 

20 under this title in the preceding fiscal year, which21 ever amount is greatest; and 

22 ‘‘(9) to provide grants to owners and operators 

23 of treatment works for conducting an assessment of 

24 the energy and water consumption of the treatment 

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1 ergy and water conservation through facility oper2 ation and maintenance, equipment replacement, and 

3 projects or activities that promote the efficient use 

4 of energy and water by the treatment works, except 

5 that the total amount provided by the State in 

6 grants under this paragraph for a fiscal year may 

7 not exceed one percent of the total amount of assist8 ance provided by the State from the fund in the pre9 ceding fiscal year, or 2 percent of the total amount 

10 received by the State in capitalization grants under 

11 this title in the preceding fiscal year, whichever 

12 amount is greatest.’’. 

13 SEC. 113. STATE PLANNING ASSISTANCE. 

14 Section 604(b) (33 U.S.C. 1384(b)) is amended by 

15 striking ‘‘1 percent’’ and inserting ‘‘2 percent’’. 

16 SEC. 114. INTENDED USE PLAN. 

17 (a) INTEGRATED PRIORITY LIST.—Section 603(g) 

18 (33 U.S.C. 1383(g)) is amended to read as follows: 

19 ‘‘(g) PRIORITY LIST.— 

20 ‘‘(1) IN GENERAL.—For fiscal year 2017 and 

21 each fiscal year thereafter, a State shall establish or 

22 update a list of projects and activities for which as23 sistance is sought from the State’s water pollution 

24 control revolving fund. Such projects and activities 

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1 ology established under paragraph (2). The State 

2 may provide financial assistance from the State’s 

3 water pollution control revolving fund only with re4 spect to a project or activity included on such list. 

5 In the case of projects and activities eligible for as6 sistance under subsection (c)(2), the State may in7 clude on such list a category or subcategory of 

8 nonpoint sources of pollution to be addressed. 

9 ‘‘(2) METHODOLOGY.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this paragraph, 

12 and after providing notice and opportunity for 

13 public comment, each State shall establish a 

14 methodology for developing a priority list under 

15 paragraph (1). 

16 ‘‘(B) PRIORITY FOR PROJECTS AND AC17 TIVITIES THAT ACHIEVE GREATEST WATER

18 QUALITY IMPROVEMENT.—In developing the 

19 methodology, the State shall seek to achieve the 

20 greatest degree of water quality improvement, 

21 taking into consideration— 

22 ‘‘(i) the requirements of section 

23 602(b)(5); 


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1 ‘‘(ii) whether such water quality im2 provements would be realized without as3 sistance under this title; and 

4 ‘‘(iii) whether the proposed projects 

5 and activities would address water quality 

6 impairments associated with existing treat7 ment works. 

8 ‘‘(C) CONSIDERATIONS IN SELECTING

9 PROJECTS AND ACTIVITIES.—In determining 

10 which projects and activities will achieve the 

11 greatest degree of water quality improvement, 

12 the State shall consider— 

13 ‘‘(i) information developed by the 

14 State under sections 303(d) and 305(b); 

15 ‘‘(ii) the State’s continuing planning 

16 process developed under sections 205(j) 

17 and 303(e); 

18 ‘‘(iii) whether such project or activity 

19 may have a beneficial impact related to the 

20 purposes identified under section 302(a); 

21 ‘‘(iv) the State’s management pro22 gram developed under section 319; and 

23 ‘‘(v) conservation and management 

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1 spect to an estuary lying in whole or in 

2 part within the State. 

3 ‘‘(D) NONPOINT SOURCES.—For categories 

4 or subcategories of nonpoint sources of pollu5 tion that a State may include on its priority list 

6 under paragraph (1), the State shall consider 

7 the cumulative water quality improvements as8 sociated with projects or activities carried out 

9 pursuant to the listing of such categories or 

10 subcategories. 

11 ‘‘(E) EXISTING METHODOLOGIES.—If a 

12 State has previously developed, after providing 

13 notice and an opportunity for public comment, 

14 a methodology that meets the requirements of 

15 this paragraph, the State may use the method16 ology for the purposes of this subsection.’’. 

17 (b) INTENDED USE PLAN.—Section 606(c) (33 

18 U.S.C. 1386(c)) is amended— 

19 (1) in the matter preceding paragraph (1) by 

20 inserting ‘‘and publish’’ after ‘‘each State shall an21 nually prepare’’; 

22 (2) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1) the State’s priority list developed under 

25 section 603(g);’’; 


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1 (3) in paragraph (4), by striking ‘‘and’’ at the 

2 end; 

3 (4) by striking the period at the end of para4 graph (5) and inserting ‘‘; and’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(6) if the State does not fund projects and ac7 tivities in the order of the priority established under 

8 section 603(g), an explanation of why such a change 

9 in order is appropriate.’’. 

10 (c) TRANSITIONAL PROVISION.—Before completion 

11 of a priority list based on a methodology established under 

12 section 603(g) of the Federal Water Pollution Control Act 

13 (as amended by this section), a State shall continue to 

14 comply with the requirements of sections 603(g) and 

15 606(c) of such Act, as in effect on the day before the date 

16 of enactment of this Act. 

17 SEC. 115. TECHNICAL ASSISTANCE. 

18 Section 607 is amended to read as follows: 

19 ‘‘SEC. 607. TECHNICAL ASSISTANCE. 

20 ‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 

21 year after the date of enactment of this section, the Ad22 ministrator shall assist the States in establishing sim23 plified procedures for treatment works to obtain assistance 

24 under this title. 


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1 ‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 

2 years after the date of the enactment of this section, and 

3 after providing notice and opportunity for public comment, 

4 the Administrator shall publish a manual to assist treat5 ment works in obtaining assistance under this title and 

6 publish in the Federal Register notice of the availability 

7 of the manual.’’. 

8 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

9 Title VI (33 U.S.C. 1381 et seq.) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There is authorized to be appropriated to carry out 

13 the purposes of this title the following sums: 

14 ‘‘(1) $2,000,000,000 for fiscal year 2017. 

15 ‘‘(2) $3,000,000,000 for fiscal year 2018. 

16 ‘‘(3) $4,000,000,000 for fiscal year 2019. 

17 ‘‘(4) $5,000,000,000 for fiscal year 2020. 

18 ‘‘(5) $6,000,000,000 for fiscal year 2021.’’. 


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1 TITLE II—ALTERNATIVE WATER 

2 SOURCE AND SEWER OVER3 FLOW AND STORMWATER 

4 GRANTS 

5 SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER 

6 SOURCE PROJECTS. 

7 (a) SELECTION OF PROJECTS.—Section 220(d) (33 

8 U.S.C. 1300(d)) is amended by striking paragraph (2) and 

9 redesignating paragraph (3) as paragraph (2). 

10 (b) COMMITTEE RESOLUTION PROCEDURE.—Section 

11 220 (33 U.S.C. 1300(e)) is amended by striking sub12 section (e) and redesignating subsections (f) through (j) 

13 as subsections (e) through (i), respectively. 

14 (c) DEFINITIONS.—Section 220(h)(1) (as redesig15 nated by subsection (c) of this section) is amended by 

16 striking ‘‘or wastewater or by treating wastewater’’ and 

17 inserting ‘‘, wastewater, or stormwater or by treating 

18 wastewater or stormwater’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 220(i) (as redesignated by subsection (c) of this section) 

21 is amended by striking ‘‘$75,000,000 for fiscal years 2002 

22 through 2004’’ and inserting ‘‘$75,000,000 for each of fis23 cal years 2017 through 2021’’. 

24 SEC. 202. SEWER OVERFLOW CONTROL GRANTS. 

25 Section 221 (33 U.S.C. 1301) is amended— 


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1 (1) by amending the section heading to read as 

2 follows: ‘‘SEWER OVERFLOW AND STORMWATER

3 REUSE MUNICIPAL GRANTS’’; 

4 (2) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) GRANTS TO STATES.—The Administrator 

8 may make grants to States for the purpose of pro9 viding grants to a municipality or municipal entity 

10 for planning, design, and construction of treatment 

11 works to intercept, transport, control, treat, or reuse 

12 municipal combined sewer overflows, sanitary sewer 

13 overflows, or stormwater. 

14 ‘‘(2) DIRECT MUNICIPAL GRANTS.—Subject to 

15 subsection (g), the Administrator may make a direct 

16 grant to a municipality or municipal entity for the 

17 purposes described in paragraph (1).’’; 

18 (3) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 

21 that receives assistance under this section shall be carried 

22 out subject to the same requirements as a project that 

23 receives assistance from a State water pollution control 

24 revolving fund under title VI, except to the extent that 

25 the Governor of the State in which the project is located 


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1 determines that a requirement of title VI is inconsistent 

2 with the purposes of this section. For the purposes of this 

3 subsection, a Governor may not determine that the re4 quirements of title VI relating to the application of section 

5 513 are inconsistent with the purposes of this section.’’; 

6 (4) by amending subsection (f) to read as fol7 lows: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out this section $500,000,000 

11 for each of fiscal years 2017 through 2021. 

12 ‘‘(2) MINIMUM ALLOCATIONS.—To the extent 

13 there are sufficient eligible project applications, the 

14 Administrator shall ensure that a State uses not less 

15 than 20 percent of the amount of the grants made 

16 to the State under subsection (a) in a fiscal year to 

17 carry out projects to intercept, transport, control, 

18 treat, or reuse municipal combined sewer overflows, 

19 sanitary sewer overflows, or stormwater through the 

20 use of green infrastructure, water and energy effi21 ciency improvements, and other environmentally in22 novative activities.’’; and 

23 (5) by amending subsection (g) to read as fol24 lows: 

25 ‘‘(g) ALLOCATION OF FUNDS.— 


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1 ‘‘(1) FISCAL YEAR 2017.—Subject to subsection 

2 (h), the Administrator shall use the amounts appro3 priated to carry out this section for fiscal year 2017 

4 for making grants to municipalities and municipal 

5 entities under subsection (a)(2) in accordance with 

6 the criteria set forth in subsection (b). 

7 ‘‘(2) FISCAL YEAR 2018 AND THEREAFTER.— 

8 Subject to subsection (h), the Administrator shall 

9 use the amounts appropriated to carry out this sec10 tion for fiscal year 2018 and each fiscal year there11 after for making grants to States under subsection 

12 (a)(1) in accordance with a formula to be established 

13 by the Administrator, after providing notice and an 

14 opportunity for public comment, that allocates to 

15 each State a proportional share of such amounts 

16 based on the total needs of the State for municipal 

17 combined sewer overflow controls, sanitary sewer 

18 overflow controls, and stormwater identified in the 

19 most recent survey conducted pursuant to section 

20 516 and any other information the Administrator 

21 considers appropriate.’’. 

Æ 


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