117TH CONGRESS 

1ST SESSION S. 914 

AN ACT 

To amend the Safe Drinking Water Act and the Federal 

Water Pollution Control Act to reauthorize programs 

under those Acts, 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, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Drinking Water and Wastewater Infrastructure Act of 

4 2021’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Administrator. 

TITLE I—DRINKING WATER 

Sec. 101. Technical assistance and grants for emergencies affecting public 

water systems. 

Sec. 102. Drinking water State revolving loan funds. 

Sec. 103. Source water petition program. 

Sec. 104. Assistance for small and disadvantaged communities. 

Sec. 105. Reducing lead in drinking water. 

Sec. 106. Operational sustainability of small public water systems. 

Sec. 107. Midsize and large drinking water system infrastructure resilience and 

sustainability program. 

Sec. 108. Needs assessment for nationwide rural and urban low-income community water assistance. 

Sec. 109. Rural and low-income water assistance pilot program. 

Sec. 110. Lead contamination in school drinking water. 

Sec. 111. Indian reservation drinking water program. 

Sec. 112. Advanced drinking water technologies. 

Sec. 113. Cybersecurity support for public water systems. 

Sec. 114. State response to contaminants. 

Sec. 115. Annual study on boil water advisories. 

TITLE II—CLEAN WATER 

Sec. 201. Research, investigations, training, and information. 

Sec. 202. Wastewater efficiency grant pilot program. 

Sec. 203. Pilot program for alternative water source projects. 

Sec. 204. Sewer overflow and stormwater reuse municipal grants. 

Sec. 205. Clean water infrastructure resiliency and sustainability program. 

Sec. 206. Small and medium publicly owned treatment works circuit rider program. 

Sec. 207. Small publicly owned treatment works efficiency grant program. 

Sec. 208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income. 

Sec. 209. Connection to publicly owned treatment works. 

Sec. 210. Clean water State revolving funds. 

Sec. 211. Water infrastructure and workforce investment. 

Sec. 212. Grants to Alaska to improve sanitation in rural and Native villages. 

Sec. 213. Water data sharing pilot program. 

Sec. 214. Final rating opinion letters. 
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Sec. 215. Water infrastructure financing reauthorization. 

Sec. 216. Small and disadvantaged community analysis. 

Sec. 217. Stormwater infrastructure technology. 

Sec. 218. Water Reuse Interagency Working Group. 

Sec. 219. Advanced clean water technologies study. 

Sec. 220. Clean watersheds needs survey. 

Sec. 221. Water Resources Research Act amendments. 

Sec. 222. Enhanced aquifer use and recharge. 

1 SEC. 2. DEFINITION OF ADMINISTRATOR. 

2 In this Act, the term ‘‘Administrator’’ means the Ad3 ministrator of the Environmental Protection Agency. 

4 TITLE I—DRINKING WATER 

5 SEC. 101. TECHNICAL ASSISTANCE AND GRANTS FOR EMER6 GENCIES AFFECTING PUBLIC WATER SYS7 TEMS. 

8 Section 1442 of the Safe Drinking Water Act (42 

9 U.S.C. 300j–1) is amended— 

10 (1) in subsection (a), by adding at the end the 

11 following: 

12 ‘‘(11) COMPLIANCE EVALUATION.— 

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

14 the date of enactment of the Drinking Water and 

15 Wastewater Infrastructure Act of 2021, the Admin16 istrator shall— 

17 ‘‘(i) evaluate, based on the compliance data 

18 found in the Safe Drinking Water Information 

19 System of the Administrator, the compliance of 

20 community water systems and wastewater sys21 tems with environmental, health, and safety re-
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1 quirements under this title, including water 

2 quality sampling, testing, and reporting require3 ments; and 

4 ‘‘(ii) submit to Congress a report describ5 ing trends seen as a result of the evaluation 

6 under clause (i), including trends that dem7 onstrate how the characteristics of community 

8 water systems and wastewater systems correlate 

9 to trends in compliance or noncompliance with 

10 the requirements described in that clause. 

11 ‘‘(B) REQUIREMENT.—To the extent prac12 ticable, in carrying out subparagraph (A), the Ad13 ministrator shall determine whether, in aggregate, 

14 community water systems and wastewater systems 

15 maintain asset management plans.’’; 

16 (2) in subsection (b), in the first sentence— 

17 (A) by inserting ‘‘(including an emergency 

18 situation resulting from a cybersecurity event)’’ 

19 after ‘‘emergency situation’’; and 

20 (B) by inserting ‘‘, including a threat to 

21 public health resulting from contaminants, such 

22 as, but not limited to, heightened exposure to 

23 lead in drinking water’’ after ‘‘public health’’; 

24 (3) by striking subsection (d) and inserting the 

25 following: 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out subsection 

3 (b) $35,000,000 for each of fiscal years 2022 through 

4 2026.’’; 

5 (4) in subsection (e), by striking paragraph (5) 

6 and inserting the following: 

7 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Ad9 ministrator to carry out this subsection $15,000,000 

10 for each of fiscal years 2022 through 2026.’’; 

11 (5) by redesignating subsection (f) as sub12 section (g); and 

13 (6) by inserting after subsection (e) the fol14 lowing: 

15 ‘‘(f) STATE-BASED NONPROFIT ORGANIZATIONS.— 

16 ‘‘(1) IN GENERAL.—The Administrator may 

17 provide technical assistance consistent with the au18 thority provided under subsection (e) to State-based 

19 nonprofit organizations that are governed by com20 munity water systems. 

21 ‘‘(2) COMMUNICATION.—Each State-based non22 profit organization that receives funding under para23 graph (1) shall, before using that funding to under24 take activities to carry out this subsection, consult 
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1 with the State in which the assistance is to be ex2 pended or otherwise made available.’’. 

3 SEC. 102. DRINKING WATER STATE REVOLVING LOAN 

4 FUNDS. 

5 (a) DRINKING WATER STATE REVOLVING FUNDS

6 CAPITALIZATION GRANT REAUTHORIZATION.—Section 

7 1452 of the Safe Drinking Water Act (42 U.S.C. 300j– 

8 12) is amended— 

9 (1) in subsection (a)(4)(A), by striking ‘‘During 

10 fiscal years 2019 through 2023, funds’’ and insert11 ing ‘‘Funds’’; 

12 (2) in subsection (m)(1) — 

13 (A) in subparagraph (B), by striking 

14 ‘‘and’’; 

15 (B) in subparagraph (C), by striking the 

16 period at the end and inserting a semicolon; 

17 and 

18 (C) by adding at the end the following: 

19 ‘‘(D) $2,400,000,000 for fiscal year 2022; 

20 ‘‘(E) $2,750,000,000 for fiscal year 2023; 

21 ‘‘(F) $3,000,000,000 for fiscal year 2024; 

22 and 

23 ‘‘(G) $3,250,000,000 for each of fiscal 

24 years 2025 and 2026.’’; and 
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1 (3) in subsection (q), by striking ‘‘2016 through 

2 2021’’ and inserting ‘‘2022 through 2026’’. 

3 (b) ASSISTANCE FOR DISADVANTAGED COMMU4 NITIES.—Section 1452(d) of the Safe Drinking Water Act 

5 (42 U.S.C. 300j–12(d)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘Notwithstanding any’’ and 

8 inserting the following: 

9 ‘‘(A) IN GENERAL.—Notwithstanding 

10 any’’; 

11 (B) in subparagraph (A) (as so des12 ignated), by inserting ‘‘, grants, negative inter13 est loans, other loan forgiveness, and through 

14 buying, refinancing, or restructuring debt’’ 

15 after ‘‘forgiveness of principal’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(B) EXCLUSION.—A loan from a State 

18 loan fund with an interest rate equal to or 

19 greater than 0 percent shall not be considered 

20 additional subsidization for purposes of this 

21 subsection.’’; and 

22 (2) in paragraph (2), by striking subparagraph 

23 (B) and inserting the following: 

24 ‘‘(B) to the extent that there are sufficient 

25 applications for loans to communities described 
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1 in paragraph (1), may not be less than 12 per2 cent.’’. 

3 SEC. 103. SOURCE WATER PETITION PROGRAM. 

4 Section 1454 of the Safe Drinking Water Act (42 

5 U.S.C. 300j–14) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)(A), in the matter 

8 preceding clause (i), by striking ‘‘political sub9 division of a State,’’ and inserting ‘‘political 

10 subdivision of a State (including a county that 

11 is designated by the State to act on behalf of 

12 an unincorporated area within that county, with 

13 the agreement of that unincorporated area),’’; 

14 (B) in paragraph (4)(D)(i), by inserting 

15 ‘‘(including a county that is designated by the 

16 State to act on behalf of an unincorporated 

17 area within that county)’’ after ‘‘of the State’’; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(5) SAVINGS PROVISION.—Unless otherwise 

21 provided within the agreement, an agreement be22 tween an unincorporated area and a county for the 

23 county to submit a petition under paragraph (1)(A) 

24 on behalf of the unincorporated area shall not au25 thorize the county to act on behalf of the unincor-
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1 porated area in any matter not within a program 

2 under this section.’’; and 

3 (2) in subsection (e), in the first sentence, by 

4 striking ‘‘2021’’ and inserting ‘‘2026’’. 

5 SEC. 104. ASSISTANCE FOR SMALL AND DISADVANTAGED 

6 COMMUNITIES. 

7 (a) EXISTING PROGRAMS.—Section 1459A of the 

8 Safe Drinking Water Act (42 U.S.C. 300j–19a) is amend9 ed— 

10 (1) in subsection (b)(2)— 

11 (A) in subparagraph (B), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (C), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (C) by adding at the end the following: 

17 ‘‘(D) the purchase of point-of-entry or 

18 point-of-use filters and filtration systems that 

19 are certified by a third party using science20 based test methods for the removal of contami21 nants of concern; 

22 ‘‘(E) investments necessary for providing 

23 accurate and current information about— 
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1 ‘‘(i) the need for filtration and filter 

2 safety, including proper use and mainte3 nance practices; and 

4 ‘‘(ii) the options for replacing lead 

5 service lines (as defined section 1459B(a)) 

6 and removing other sources of lead in 

7 water; and 

8 ‘‘(F) entering into contracts, including con9 tracts with nonprofit organizations that have 

10 water system technical expertise, to assist— 

11 ‘‘(i) an eligible entity; or 

12 ‘‘(ii) the State of an eligible entity, on 

13 behalf of that eligible entity.’’; 

14 (2) in subsection (c), in the matter preceding 

15 paragraph (1), by striking ‘‘An eligible entity’’ and 

16 inserting ‘‘Except for purposes of subsections (j) and 

17 (m), an eligible entity’’; 

18 (3) in subsection (g)(1), by striking ‘‘to pay not 

19 less than 45 percent’’ and inserting ‘‘except as pro20 vided in subsection (l)(5) and subject to subsection 

21 (h), to pay not less than 10 percent’’; 

22 (4) by striking subsection (k) and inserting the 

23 following: 
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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out subsections 

3 (a) through (j)— 

4 ‘‘(1) $70,000,000 for fiscal year 2022; 

5 ‘‘(2) $80,000,000 for fiscal year 2023; 

6 ‘‘(3) $100,000,000 for fiscal year 2024; 

7 ‘‘(4) $120,000,000 for fiscal year 2025; and 

8 ‘‘(5) $140,000,000 for fiscal year 2026.’’; and 

9 (5) in subsection (l)— 

10 (A) in paragraph (2)— 

11 (i) by striking ‘‘The Administrator 

12 may’’ and inserting ‘‘The Administrator 

13 shall’’; and 

14 (ii) by striking ‘‘fiscal years 2019 and 

15 2020’’ and inserting ‘‘fiscal years 2022 

16 through 2026’’; 

17 (B) in paragraph (5), by striking 

18 ‘‘$4,000,000 for each of fiscal years 2019 and 

19 2020’’ and inserting ‘‘$25,000,000 for each of 

20 fiscal years 2022 through 2026’’; 

21 (C) by redesignating paragraph (5) as 

22 paragraph (6); and 

23 (D) by inserting after paragraph (4) the 

24 following: 
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1 ‘‘(5) FEDERAL SHARE FOR SMALL, RURAL, AND

2 DISADVANTAGED COMMUNITIES.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), with respect to a program or project 

5 that serves an eligible entity and is carried out 

6 using a grant under this subsection, the Fed7 eral share of the cost of the program or project 

8 shall be 90 percent. 

9 ‘‘(B) WAIVER.—The Administrator may 

10 increase the Federal share under subparagraph 

11 (A) to 100 percent if the Administrator deter12 mines that an eligible entity is unable to pay, 

13 or would experience significant financial hard14 ship if required to pay, the non-Federal share.’’. 

15 (b) CONNECTION TO PUBLIC WATER SYSTEMS.— 

16 Section 1459A of the Safe Drinking Water Act (42 U.S.C. 

17 300j–19a) is amended by adding at the end the following: 

18 ‘‘(m) CONNECTION TO PUBLIC WATER SYSTEMS.— 

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

20 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi21 ble entity’ means— 

22 ‘‘(i) an owner or operator of a public 

23 water system that assists or is seeking to 

24 assist eligible individuals with connecting 
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1 the household of the eligible individual to 

2 the public water system; or 

3 ‘‘(ii) a nonprofit entity that assists or 

4 is seeking to assist eligible individuals with 

5 the costs associated with connecting the 

6 household of the eligible individual to a 

7 public water system. 

8 ‘‘(B) ELIGIBLE INDIVIDUAL.—The term 

9 ‘eligible individual’ has the meaning given the 

10 term in section 603(j) of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1383(j)). 

12 ‘‘(C) PROGRAM.—The term ‘program’ 

13 means the competitive grant program estab14 lished under paragraph (2). 

15 ‘‘(2) ESTABLISHMENT.—Subject to the avail16 ability of appropriations, the Administrator shall es17 tablish a competitive grant program for the purpose 

18 of improving the general welfare under which the 

19 Administrator awards grants to eligible entities to 

20 provide funds to assist eligible individuals in cov21 ering the costs incurred by the eligible individual in 

22 connecting the household of the eligible individual to 

23 a public water system. 

24 ‘‘(3) APPLICATION.—An eligible entity seeking 

25 a grant under the program shall submit to the Ad-
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1 ministrator an application at such time, in such 

2 manner, and containing such information as the Ad3 ministrator may require. 

4 ‘‘(4) VOLUNTARY CONNECTION.—Before pro5 viding funds to an eligible individual for the costs 

6 described in paragraph (2), an eligible entity shall 

7 ensure and certify to the Administrator that— 

8 ‘‘(A) the eligible individual is voluntarily 

9 seeking connection to the public water system; 

10 ‘‘(B) if the eligible entity is not the owner 

11 or operator of the public water system to which 

12 the eligible individual seeks to connect, the pub13 lic water system to which the eligible individual 

14 seeks to connect has agreed to the connection; 

15 and 

16 ‘‘(C) the connection of the household of the 

17 eligible individual to the public water system 

18 meets all applicable local and State regulations, 

19 requirements, and codes. 

20 ‘‘(5) REPORT.—Not later than 3 years after the 

21 date of enactment of the Drinking Water and 

22 Wastewater Infrastructure Act of 2021, the Admin23 istrator shall submit to Congress a report that de24 scribes the implementation of the program, which 
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1 shall include a description of the use and deployment 

2 of amounts made available under the program. 

3 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 the program $20,000,000 for each of fiscal years 

6 2022 through 2026.’’. 

7 (c) COMPETITIVE GRANT PILOT PROGRAM.—Section 

8 1459A of the Safe Drinking Water Act (42 U.S.C. 300j– 

9 19a) (as amended by subsection (b)) is amended by adding 

10 at the end the following: 

11 ‘‘(n) STATE COMPETITIVE GRANTS FOR UNDER12 SERVED COMMUNITIES.— 

13 ‘‘(1) IN GENERAL.—In addition to amounts au14 thorized to be appropriated under subsection (k), 

15 there is authorized to be appropriated to carry out 

16 subsections (a) through (j) $50,000,000 for each of 

17 fiscal years 2022 through 2026 in accordance with 

18 paragraph (2). 

19 ‘‘(2) COMPETITIVE GRANTS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of this section, the Adminis22 trator shall distribute amounts made available 

23 under paragraph (1) to States through a com24 petitive grant program. 
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1 ‘‘(B) APPLICATIONS.—To seek a grant 

2 under the competitive grant program under 

3 subparagraph (A), a State shall submit to the 

4 Administrator an application at such time, in 

5 such manner, and containing such information 

6 as the Administrator may require. 

7 ‘‘(C) CRITERIA.—In selecting recipients of 

8 grants under the competitive grant program 

9 under subparagraph (A), the Administrator 

10 shall establish criteria that give priority to 

11 States with a high proportion of underserved 

12 communities that meet the condition described 

13 in subsection (a)(2)(A). 

14 ‘‘(3) REPORT.—Not later than 2 years after the 

15 date of enactment of the Drinking Water and 

16 Wastewater Infrastructure Act of 2021, the Admin17 istrator shall submit to Congress a report that de18 scribes the implementation of the competitive grant 

19 program under paragraph (2)(A), which shall in20 clude a description of the use and deployment of 

21 amounts made available under the competitive grant 

22 program. 

23 ‘‘(4) SAVINGS PROVISION.—Nothing in this 

24 paragraph affects the distribution of amounts made 

25 available under subsection (k), including any meth-
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1 ods used by the Administrator for distribution of 

2 amounts made available under that subsection as in 

3 effect on the day before the date of enactment of 

4 this subsection.’’. 

5 SEC. 105. REDUCING LEAD IN DRINKING WATER. 

6 Section 1459B of the Safe Drinking Water Act (42 

7 U.S.C. 300j–19b) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1), by striking subpara10 graph (D) and inserting the following: 

11 ‘‘(D) a qualified nonprofit organization 

12 with experience in lead reduction, as determined 

13 by the Administrator; and’’; 

14 (B) in paragraph (2)(A)— 

15 (i) in clause (i), by striking ‘‘publicly 

16 owned’’; and 

17 (ii) by striking clause (iii) and insert18 ing the following: 

19 ‘‘(iii) providing assistance to eligible 

20 entities to replace lead service lines, with 

21 priority for disadvantaged communities 

22 based on the affordability criteria estab23 lished by the applicable State under section 

24 1452(d)(3), low-income homeowners, and 
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1 landlords or property owners providing 

2 housing to low-income renters.’’; and 

3 (C) in paragraph (3), by striking ‘‘an indi4 vidual provided’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (5)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘to provide assistance’’ and all that follows 

9 through the period at the end and insert10 ing ‘‘to replace lead service lines, with first 

11 priority given to assisting disadvantaged 

12 communities based on the affordability cri13 teria established by the applicable State 

14 under section 1452(d)(3), low-income 

15 homeowners, and landlords or property 

16 owners providing housing to low-income 

17 renters.’’; and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘line’’ and inserting ‘‘lines’’; and 

20 (B) in paragraph (6)— 

21 (i) in subparagraph (A), by striking 

22 ‘‘any publicly owned portion of’’; 

23 (ii) in subparagraph (C), in the mat24 ter preceding clause (i)— 
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1 (I) by striking ‘‘may’’ and insert2 ing ‘‘shall’’; 

3 (II) by inserting ‘‘and may, for 

4 other homeowners,’’ after ‘‘low-income 

5 homeowner,’’; and 

6 (III) by striking ‘‘a cost that’’ 

7 and all that follows through the semi8 colon at the end of clause (ii) and in9 serting ‘‘no cost to the homeowner;’’; 

10 (iii) in subparagraph (D), by striking 

11 ‘‘and’’ at the end; 

12 (iv) in subparagraph (E), by striking 

13 ‘‘other options’’ and all that follows 

14 through the period at the end and insert15 ing ‘‘feasible alternatives for reducing the 

16 concentration of lead in drinking water, 

17 such as corrosion control; and’’; and 

18 (v) by adding at the end the following: 

19 ‘‘(F) shall notify the State of any planned 

20 replacement of lead service lines under this pro21 gram and coordinate, where practicable, with 

22 other relevant infrastructure projects.’’; 

23 (3) in subsection (d)— 

24 (A) by inserting ‘‘(except for subsection 

25 (d))’’ after ‘‘this section’’; and 
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1 (B) by striking ‘‘$60,000,000 for each of 

2 fiscal years 2017 through 2021’’ and inserting 

3 ‘‘$100,000,000 for each of fiscal years 2022 

4 through 2026’’; 

5 (4) by redesignating subsections (d) and (e) as 

6 subsections (e) and (f), respectively; and 

7 (5) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) LEAD INVENTORYING UTILIZATION GRANT

10 PILOT PROGRAM.— 

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

12 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi13 ble entity’ means a municipality that is served 

14 by a community water system or a nontransient 

15 noncommunity water system in which not less 

16 than 30 percent of the service lines are known, 

17 or suspected, to contain lead, based on available 

18 data, information, or resources, including exist19 ing lead inventorying. 

20 ‘‘(B) PILOT PROGRAM.—The term ‘pilot 

21 program’ means the pilot program established 

22 under paragraph (2). 

23 ‘‘(2) ESTABLISHMENT.—The Administrator 

24 shall establish a pilot program under which the Ad25 ministrator shall provide grants to eligible entities to 
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1 carry out lead reduction projects that are dem2 onstrated to exist or are suspected to exist, based on 

3 available data, information, or resources, including 

4 existing lead inventorying of those eligible entities. 

5 ‘‘(3) SELECTION.— 

6 ‘‘(A) APPLICATION.—To be eligible to re7 ceive a grant under the pilot program, an eligi8 ble entity shall submit to the Administrator an 

9 application at such time, in such manner, and 

10 containing such information as the Adminis11 trator may require. 

12 ‘‘(B) PRIORITIZATION.—In selecting recipi13 ents under the pilot program, the Administrator 

14 shall give priority to— 

15 ‘‘(i) an eligible entity that meets the 

16 affordability criteria of the applicable State 

17 established under section 1452(d)(3); and 

18 ‘‘(ii) an eligible entity that is located 

19 in an area other than a State that has es20 tablished affordability criteria under sec21 tion 1452(d)(3). 

22 ‘‘(4) REPORT.—Not later 2 years after the Ad23 ministrator first awards a grant under the pilot pro24 gram, the Administrator shall submit to the Com25 mittee on Environment and Public Works of the 
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1 Senate and the Committee on Energy and Com2 merce of the House of Representatives a report de3 scribing— 

4 ‘‘(A) the recipients of grants under the 

5 pilot program; 

6 ‘‘(B) the existing lead inventorying that 

7 was available to recipients of grants under the 

8 pilot program; and 

9 ‘‘(C) how useful and accurate the lead 

10 inventorying described in subparagraph (B) was 

11 in locating lead service lines of the eligible enti12 ty. 

13 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 the pilot program $10,000,000, to remain available 

16 until expended.’’. 

17 SEC. 106. OPERATIONAL SUSTAINABILITY OF SMALL PUB18 LIC WATER SYSTEMS. 

19 Part E of the Safe Drinking Water Act (42 U.S.C. 

20 300j et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL 

23 PUBLIC WATER SYSTEMS. 

24 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en2 tity’ means— 

3 ‘‘(A) a State; 

4 ‘‘(B) a unit of local government; 

5 ‘‘(C) a public corporation established by a 

6 unit of local government to provide water serv7 ice; 

8 ‘‘(D) a nonprofit corporation, public trust, 

9 or cooperative association that owns or operates 

10 a public water system; 

11 ‘‘(E) an Indian Tribe that owns or oper12 ates a public water system; 

13 ‘‘(F) a nonprofit organization that provides 

14 technical assistance to public water systems; 

15 and 

16 ‘‘(G) a Tribal consortium. 

17 ‘‘(2) OPERATIONAL SUSTAINABILITY.—The 

18 term ‘operational sustainability’ means the ability to 

19 improve the operation of a small system through the 

20 identification and prevention of potable water loss 

21 due to leaks, breaks, and other metering or infra22 structure failures. 

23 ‘‘(3) PROGRAM.—The term ‘program’ means 

24 the grant program established under subsection (b). 
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1 ‘‘(4) SMALL SYSTEM.—The term ‘small system’, 

2 for the purposes of this section, means a public 

3 water system that— 

4 ‘‘(A) serves fewer than 10,000 people; and 

5 ‘‘(B) is owned or operated by— 

6 ‘‘(i) a unit of local government; 

7 ‘‘(ii) a public corporation; 

8 ‘‘(iii) a nonprofit corporation; 

9 ‘‘(iv) a public trust; 

10 ‘‘(v) a cooperative association; or 

11 ‘‘(vi) an Indian Tribe. 

12 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

13 appropriations, the Administrator shall establish a pro14 gram to award grants to eligible entities for the purpose 

15 of improving the operational sustainability of 1 or more 

16 small systems. 

17 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant 

18 under the program, an eligible entity shall submit to the 

19 Administrator an application at such time, in such man20 ner, and containing such information as the Administrator 

21 may require, including— 

22 ‘‘(1) a proposal of the project to be carried out 

23 using grant funds under the program; 

24 ‘‘(2) documentation provided by the eligible en25 tity describing the deficiencies or suspected defi-
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1 ciencies in operational sustainability of 1 or more 

2 small systems that are to be addressed through the 

3 proposed project; 

4 ‘‘(3) a description of how the proposed project 

5 will improve the operational sustainability of 1 or 

6 more small systems; 

7 ‘‘(4) a description of how the improvements de8 scribed in paragraph (3) will be maintained beyond 

9 the life of the proposed project, including a plan to 

10 maintain and update any asset data collected as a 

11 result of the proposed project; and 

12 ‘‘(5) any additional information the Adminis13 trator may require. 

14 ‘‘(d) ADDITIONAL REQUIRED INFORMATION.—Before 

15 the award of funds for a grant under the program to a 

16 grant recipient, the grant recipient shall submit to the Ad17 ministrator— 

18 ‘‘(1) if the grant recipient is located in a State 

19 that has established a State drinking water treat20 ment revolving loan fund under section 1452, a copy 

21 of a written agreement between the grant recipient 

22 and the State in which the grant recipient agrees to 

23 provide a copy of any data collected under the pro24 posed project to the State agency administering the 
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1 State drinking water treatment revolving loan fund 

2 (or a designee); or 

3 ‘‘(2) if the grant recipient is located in an area 

4 other than a State that has established a State 

5 drinking water treatment revolving loan fund under 

6 section 1452, a copy of a written agreement between 

7 the grant recipient and the Administrator in which 

8 the eligible entity agrees to provide a copy of any 

9 data collected under the proposed project to the Ad10 ministrator (or a designee). 

11 ‘‘(e) USE OF FUNDS.—An eligible entity that receives 

12 a grant under the program shall use the grant funds to 

13 carry out projects that improve the operational sustain14 ability of 1 or more small systems through— 

15 ‘‘(1) the development of a detailed asset inven16 tory, which may include drinking water sources, 

17 wells, storage, valves, treatment systems, distribu18 tion lines, hydrants, pumps, controls, and other es19 sential infrastructure; 

20 ‘‘(2) the development of an infrastructure asset 

21 map, including a map that uses technology such 

22 as— 

23 ‘‘(A) geographic information system soft24 ware; and 

25 ‘‘(B) global positioning system software; 
27 

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1 ‘‘(3) the deployment of leak detection tech2 nology; 

3 ‘‘(4) the deployment of metering technology; 

4 ‘‘(5) training in asset management strategies, 

5 techniques, and technologies for appropriate staff 

6 employed by— 

7 ‘‘(A) the eligible entity; or 

8 ‘‘(B) the small systems for which the grant 

9 was received; 

10 ‘‘(6) the deployment of strategies, techniques, 

11 and technologies to enhance the operational sustain12 ability and effective use of water resources through 

13 water reuse; and 

14 ‘‘(7) the development or deployment of other 

15 strategies, techniques, or technologies that the Ad16 ministrator may determine to be appropriate under 

17 the program. 

18 ‘‘(f) COST SHARE.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the Federal share of the cost of a project carried out 

21 using a grant under the program shall be 90 percent 

22 of the total cost of the project. 

23 ‘‘(2) WAIVER.—The Administrator may in24 crease the Federal share under paragraph (1) to 100 

25 percent. 
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1 ‘‘(g) REPORT.—Not later than 2 years after the date 

2 of enactment of the Drinking Water and Wastewater In3 frastructure Act of 2021, the Administrator shall submit 

4 to Congress a report that describes the implementation of 

5 the program, which shall include a description of the use 

6 and deployment of amounts made available under the pro7 gram. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to carry out this section 

10 $50,000,000 for each of fiscal years 2022 through 2026.’’. 

11 SEC. 107. MIDSIZE AND LARGE DRINKING WATER SYSTEM 

12 INFRASTRUCTURE RESILIENCE AND SUS13 TAINABILITY PROGRAM. 

14 Part E of the Safe Drinking Water Act (42 U.S.C. 

15 300j et seq.) (as amended by section 106) is amended by 

16 adding at the end the following: 

17 ‘‘SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYS18 TEM INFRASTRUCTURE RESILIENCE AND 

19 SUSTAINABILITY PROGRAM. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’ means a public water system that serves a com23 munity with a population of 10,000 or more. 
29 

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1 ‘‘(2) NATURAL HAZARD; RESILIENCE.—The 

2 terms ‘resilience’ and ‘natural hazard’ have the 

3 meanings given those terms in section 1433(h). 

4 ‘‘(3) RESILIENCE AND SUSTAINABILITY PRO5 GRAM.—The term ‘resilience and sustainability pro6 gram’ means the Midsize and Large Drinking Water 

7 System Infrastructure Resilience and Sustainability 

8 Program established under subsection (b). 

9 ‘‘(b) ESTABLISHMENT.—The Administrator shall es10 tablish and carry out a program, to be known as the 

11 ‘Midsize and Large Drinking Water System Infrastruc12 ture Resilience and Sustainability Program’, under which 

13 the Administrator, subject to the availability of appropria14 tions for the resilience and sustainability program, shall 

15 award grants to eligible entities for the purpose of— 

16 ‘‘(1) increasing resilience to natural hazards 

17 and extreme weather events; and 

18 ‘‘(2) reducing cybersecurity vulnerabilities. 

19 ‘‘(c) USE OF FUNDS.—An eligible entity may only 

20 use grant funds received under the resilience and sustain21 ability program to assist in the planning, design, construc22 tion, implementation, operation, or maintenance of a pro23 gram or project that increases resilience to natural haz24 ards and extreme weather events, or reduces cybersecurity 

25 vulnerabilities, through— 
30 

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1 ‘‘(1) the conservation of water or the enhance2 ment of water-use efficiency; 

3 ‘‘(2) the modification or relocation of existing 

4 drinking water system infrastructure made, or that 

5 is at risk of being, significantly impaired by natural 

6 hazards or extreme weather events, including risks 

7 to drinking water from flooding; 

8 ‘‘(3) the design or construction of new or modi9 fied desalination facilities to serve existing commu10 nities; 

11 ‘‘(4) the enhancement of water supply through 

12 the use of watershed management and source water 

13 protection; 

14 ‘‘(5) the enhancement of energy efficiency or 

15 the use and generation of renewable energy in the 

16 conveyance or treatment of drinking water; 

17 ‘‘(6) the development and implementation of 

18 measures— 

19 ‘‘(A) to increase the resilience of the eligi20 ble entity to natural hazards and extreme 

21 weather events; or 

22 ‘‘(B) to reduce cybersecurity 

23 vulnerabilities; 
31 

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1 ‘‘(7) the conservation of water or the enhance2 ment of a water supply through the implementation 

3 of water reuse measures; or 

4 ‘‘(8) the formation of regional water partner5 ships to collaboratively address documented water 

6 shortages. 

7 ‘‘(d) APPLICATION.—To seek a grant under the resil8 ience and sustainability program, an eligible entity shall 

9 submit to the Administrator an application at such time, 

10 in such manner, and containing such information as the 

11 Administrator may require, including— 

12 ‘‘(1) a proposal of the program or project to be 

13 planned, designed, constructed, implemented, oper14 ated, or maintained by the eligible entity; 

15 ‘‘(2) an identification of the natural hazard 

16 risks, extreme weather events, or potential cyberse17 curity vulnerabilities, as applicable, to be addressed 

18 by the proposed program or project; 

19 ‘‘(3) documentation prepared by a Federal, 

20 State, regional, or local government agency of the 

21 natural hazard risk, potential cybersecurity vulner22 ability, or risk for extreme weather events to the 

23 area where the proposed program or project is to be 

24 located; 
32 

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1 ‘‘(4) a description of any recent natural haz2 ards, cybersecurity events, or extreme weather 

3 events that have affected the community water sys4 tem of the eligible entity; 

5 ‘‘(5) a description of how the proposed program 

6 or project would improve the performance of the 

7 community water system of the eligible entity under 

8 the anticipated natural hazards, cybersecurity 

9 vulnerabilities, or extreme weather events; and 

10 ‘‘(6) an explanation of how the proposed pro11 gram or project is expected— 

12 ‘‘(A) to enhance the resilience of the com13 munity water system of the eligible entity to the 

14 anticipated natural hazards or extreme weather 

15 events; or 

16 ‘‘(B) to reduce cybersecurity 

17 vulnerabilities. 

18 ‘‘(e) REPORT.—Not later than 2 years after the date 

19 of enactment of the Drinking Water and Wastewater In20 frastructure Act of 2021, the Administrator shall submit 

21 to Congress a report that describes the implementation of 

22 the resilience and sustainability program, which shall in23 clude a description of the use and deployment of amounts 

24 made available to carry out the resilience and sustain25 ability program. 
33 

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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

3 appropriated to carry out the resilience and sustain4 ability program $50,000,000 for each of fiscal years 

5 2022 through 2026. 

6 ‘‘(2) USE OF FUNDS.—Of the amounts made 

7 available under paragraph (1) for grants to eligible 

8 entities under the resilience and sustainability pro9 gram— 

10 ‘‘(A) 50 percent shall be used to provide 

11 grants to eligible entities that serve a popu12 lation of— 

13 ‘‘(i) equal to or greater than 10,000; 

14 and 

15 ‘‘(ii) fewer than 100,000; and 

16 ‘‘(B) 50 percent shall be used to provide 

17 grants to eligible entities that serve a popu18 lation equal to or greater than 100,000. 

19 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amounts 

20 made available under paragraph (1), not more than 

21 2 percent may be used by the Administrator for the 

22 administrative costs of carrying out the resilience 

23 and sustainability program.’’. 
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1 SEC. 108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL 

2 AND URBAN LOW-INCOME COMMUNITY 

3 WATER ASSISTANCE. 

4 (a) DEFINITIONS.—In this section and section 109: 

5 (1) COMMUNITY WATER SYSTEM.—The term 

6 ‘‘community water system’’ has the meaning given 

7 the term in section 1401 of the Safe Drinking Water 

8 Act (42 U.S.C. 300f). 

9 (2) LARGE WATER SERVICE PROVIDER.—The 

10 term ‘‘large water service provider’’ means a commu11 nity water system, treatment works, or municipal 

12 separate storm sewer system that serves more than 

13 100,000 people. 

14 (3) MEDIUM WATER SERVICE PROVIDER.—The 

15 term ‘‘medium water service provider’’ means a com16 munity water system, treatment works, or municipal 

17 separate storm sewer system that serves more than 

18 10,000 people and not more than 100,000 people. 

19 (4) NEED.—The term ‘‘need’’, with respect to 

20 a qualifying household, means the expenditure of a 

21 disproportionate amount of household income on ac22 cess to public drinking water or wastewater services. 

23 (5) QUALIFYING HOUSEHOLD.—The term 

24 ‘‘qualifying household’’ means a household that— 

25 (A) includes an individual who is— 
35 

†S 914 ES

1 (i) the holder of an account for drink2 ing water or wastewater service that is 

3 provided to that household by a large 

4 water service provider, a medium water 

5 service provider, or a rural water service 

6 provider; or 

7 (ii) separately billed by a landlord 

8 that holds an account with a large water 

9 service provider, a medium water service 

10 provider, or a rural water service provider 

11 for the cost of drinking water or waste12 water service provided to that household by 

13 the respective large water service provider, 

14 medium water service provider, or rural 

15 water service provider; and 

16 (B) is determined— 

17 (i) by a large water service provider, 

18 a medium water service provider, or a 

19 rural water service provider to be eligible 

20 for assistance through a low-income rate21 payer assistance program; 

22 (ii) by the Governor of the State in 

23 which the household is located to be low24 income, based on the affordability criteria 

25 established by the State under section 
36 

†S 914 ES

1 1452(d)(3) of the Safe Drinking Water 

2 Act (42 U.S.C. 300j–12(d)(3)); 

3 (iii) by the Administrator to experi4 ence drinking water and wastewater service 

5 costs that exceed the metrics of afford6 ability established in the most recent guid7 ance of the Administrator entitled ‘‘Finan8 cial Capability Assessment Guidance’’; or 

9 (iv) in the case of a household serv10 iced by a rural water service provider, by 

11 the State in which the household is located 

12 to have an annual income that does not ex13 ceed the greater of— 

14 (I) an amount equal to 150 per15 cent of the poverty level of that State; 

16 and 

17 (II) an amount equal to 60 per18 cent of the State median income for 

19 that State. 

20 (6) RURAL WATER SERVICE PROVIDER.—The 

21 term ‘‘rural water service provider’’ means a com22 munity water system, treatment works, or municipal 

23 separate storm sewer system that serves not more 

24 than 10,000 people. 
37 

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1 (7) TREATMENT WORKS.—The term ‘‘treatment 

2 works’’ has the meaning given the term in section 

3 212 of the Federal Water Pollution Control Act (33 

4 U.S.C. 1292). 

5 (b) STUDY; REPORT.— 

6 (1) IN GENERAL.—The Administrator shall con7 duct, and submit to Congress a report describing the 

8 results of, a study that examines the prevalence 

9 throughout the United States of municipalities, pub10 lic entities, or Tribal governments that— 

11 (A) are serviced by rural water service pro12 viders, medium water service providers, or large 

13 water service providers that service a dispropor14 tionate percentage, as determined by the Ad15 ministrator, of qualifying households with need; 

16 or 

17 (B) as determined by the Administrator, 

18 have taken on an unsustainable level of debt 

19 due to customer nonpayment for the services 

20 provided by a large water service provider, a 

21 medium water service provider, or a rural water 

22 service provider. 

23 (2) AFFORDABILITY INCLUSIONS.—The report 

24 under paragraph (1) shall include— 
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1 (A) a definition of the term ‘‘affordable ac2 cess to water services’’; 

3 (B) a description of the criteria used in de4 fining ‘‘affordable access to water services’’ 

5 under subparagraph (A); 

6 (C) a definition of the term ‘‘lack of af7 fordable access to water services’’; 

8 (D) a description of the methodology and 

9 criteria used in defining ‘‘lack of affordable ac10 cess to water services’’ under subparagraph (C); 

11 (E) a determination of the prevalence of a 

12 lack of affordable access to water services, as 

13 defined under subparagraph (C); 

14 (F) the methodology and criteria used to 

15 determine the prevalence of a lack of affordable 

16 access to water services under subparagraph 

17 (E); 

18 (G) any additional information with re19 spect to the affordable access to water services, 

20 as defined under subparagraph (A), provided by 

21 rural water service providers, medium water 

22 service providers, and large water service pro23 viders; 
39 

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1 (H) with respect to the development of the 

2 report, a consultation with all relevant stake3 holders, including rural advocacy associations; 

4 (I) recommendations of the Administrator 

5 regarding the best methods to reduce the preva6 lence of a lack of affordable access to water 

7 services, as defined under subparagraph (C); 

8 and 

9 (J) a description of the cost of each meth10 od described in subparagraph (I). 

11 (3) AGREEMENTS.—The Administrator may 

12 enter into an agreement with another Federal agen13 cy to carry out the study under paragraph (1). 

14 SEC. 109. RURAL AND LOW-INCOME WATER ASSISTANCE 

15 PILOT PROGRAM. 

16 (a) DEFINITIONS.—In this section: 

17 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means— 

19 (A) a municipality, Tribal government, or 

20 other entity that— 

21 (i) owns or operates a community 

22 water system, treatment works, or munic23 ipal separate storm sewer system; or 

24 (ii) as determined by the Adminis25 trator, has taken on an unsustainable level 
40 

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1 of debt due to customer nonpayment for 

2 the services provided by a community 

3 water system, treatment works, or munic4 ipal separate storm sewer system; and 

5 (B) a State exercising primary enforce6 ment responsibility over a rural water service 

7 provider under the Safe Drinking Water Act 

8 (42 U.S.C. 300f et seq.) or the Federal Water 

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

10 as applicable. 

11 (2) PILOT PROGRAM.—The term ‘‘pilot pro12 gram’’ means the pilot program established by the 

13 Administrator under subsection (b)(1). 

14 (3) WATER SERVICES NEEDS ASSESSMENT.— 

15 The term ‘‘water services needs assessment’’ means 

16 the report required under section 108(b)(1). 

17 (b) ESTABLISHMENT.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Administrator 

20 shall establish a pilot program to award grants to el21 igible entities to develop and implement programs to 

22 assist qualifying households with need in maintain23 ing access to drinking water and wastewater treat24 ment. 
41 

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1 (2) REQUIREMENT.—In establishing the pilot 

2 program, the Administrator shall ensure that data 

3 from the water services needs assessment directly 

4 contributes to the structure of the pilot program by 

5 informing the types of assistance and criteria used 

6 for priority consideration with the demonstrated 

7 need from the study conducted under section 

8 108(b)(1) and the water services needs assessment. 

9 (3) USE OF FUNDS LIMITATIONS.—A grant 

10 under the pilot program— 

11 (A) shall not be used to replace funds for 

12 any existing similar program; but 

13 (B) may be used to supplement or enhance 

14 an existing program, including a program that 

15 receives assistance from other Federal grants. 

16 (4) TERM.—The term of a grant awarded 

17 under the pilot program shall be subject to the avail18 ability of appropriations. 

19 (5) TYPES OF ASSISTANCE.—In establishing the 

20 pilot program, the Administrator may include provi21 sions for— 

22 (A) direct financial assistance; 

23 (B) a lifeline rate; 

24 (C) bill discounting; 

25 (D) special hardship provisions; 
42 

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1 (E) a percentage-of-income payment plan; 

2 or 

3 (F) debt relief for the eligible entity or the 

4 community water system owned by the eligible 

5 entity for debt that is due to customer non6 payment for the services provided by the eligible 

7 entity or the community water system that is 

8 determined by the Administrator to be in the 

9 interest of public health. 

10 (6) REQUIREMENT.—The Administrator shall 

11 award not more than 40 grants under the pilot pro12 gram, of which— 

13 (A) not more than 8 shall be to eligible en14 tities that own, operate, or exercise primary en15 forcement responsibility over a rural water serv16 ice provider under the Safe Drinking Water Act 

17 (42 U.S.C. 300f et seq.) or the Federal Water 

18 Pollution Control Act (33 U.S.C. 1251 et seq.), 

19 as applicable; 

20 (B) not more than 8 shall be to eligible en21 tities that own or operate a medium water serv22 ice provider; 

23 (C) not more than 8 shall be to eligible en24 tities that own or operate a large water service 
43 

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1 provider that serves not more than 500,000 

2 people; 

3 (D) not more than 8 shall be to eligible en4 tities that own or operate a large water service 

5 provider that serves more than 500,000 people; 

6 and 

7 (E) not more than 8 shall be to eligible en8 tities that own or operate a community water 

9 system, treatment works, or municipal separate 

10 storm sewer system that services a disadvan11 taged community (consistent with the afford12 ability criteria established by the applicable 

13 State under section 1452(d)(3) of the Safe 

14 Drinking Water Act (42 U.S.C. 300j–12(d)(3)) 

15 or section 603(i)(2) of the Federal Water Pollu16 tion Control Act (33 U.S.C. 1383(i)(2)), as ap17 plicable). 

18 (7) CRITERIA.—In addition to any priority cri19 teria established by the Administrator in response to 

20 the findings in the water services needs assessment, 

21 in awarding grants under the pilot program, the Ad22 ministrator shall give priority consideration to eligi23 ble entities that— 

24 (A) serve a disproportionate percentage, as 

25 determined by the Administrator, of qualifying 
44 

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1 households with need, as identified in the water 

2 services needs assessment; 

3 (B) are subject to State or Federal en4 forcement actions relating to compliance with 

5 the Federal Water Pollution Control Act (33 

6 U.S.C. 1251 et seq.) or the Safe Drinking 

7 Water Act (42 U.S.C. 300f et seq.); or 

8 (C) maintain or participate in an existing 

9 community assistance program with objectives 

10 similar to the objectives of the pilot program, as 

11 determined by the Administrator. 

12 (8) REPORTING REQUIREMENTS.— 

13 (A) IN GENERAL.—In addition to any 

14 other applicable Federal or agency-specific 

15 grant reporting requirements, as a condition of 

16 receiving a grant under the pilot program, an 

17 eligible entity (or a State, on behalf of an eligi18 ble entity) shall submit to the Administrator an 

19 annual report that summarizes, in a manner de20 termined by the Administrator, the use of grant 

21 funds by the eligible entity, including— 

22 (i) key features of the assistance pro23 vided by the eligible entity; 

24 (ii) sources of funding used to supple25 ment Federal funds; and 
45 

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1 (iii) eligibility criteria. 

2 (B) PUBLICATION.—The Administrator 

3 shall publish each report submitted under sub4 paragraph (A). 

5 (c) TECHNICAL ASSISTANCE.—The Administrator 

6 shall provide technical assistance to each eligible entity, 

7 and each State, on behalf of an eligible entity, that re8 ceives a grant under the pilot program to support imple9 mentation of the program. 

10 (d) REPORT.—Not later than 2 years after the date 

11 on which grant funds are first disbursed to an eligible enti12 ty (or a State, on behalf of an eligible entity) under the 

13 program, and every year thereafter for the duration of the 

14 terms of the grants, the Administrator shall submit to 

15 Congress a report on the results of the pilot program. 

16 SEC. 110. LEAD CONTAMINATION IN SCHOOL DRINKING 

17 WATER. 

18 Section 1464 of the Safe Drinking Water Act (42 

19 U.S.C. 300j–24) is amended— 

20 (1) in subsection (b)— 

21 (A) in the first sentence, by inserting 

22 ‘‘public water systems and’’ after ‘‘to assist’’; 

23 and 

24 (B) in the third sentence, by inserting 

25 ‘‘public water systems,’’ after ‘‘schools,’’; and 
46 

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1 (2) in subsection (d)— 

2 (A) in the subsection heading, by inserting 

3 ‘‘AND REDUCTION’’ after ‘‘LEAD TESTING’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘the Administrator’’ and all that follows 

7 through the period at the end and insert8 ing the following: ‘‘the Administrator shall 

9 establish a voluntary school and child care 

10 program lead testing, compliance moni11 toring, and lead reduction grant program 

12 to make grants available to— 

13 ‘‘(i) States to assist local educational 

14 agencies, public water systems that serve 

15 schools and child care programs under the 

16 jurisdiction of those local educational agen17 cies, and qualified nonprofit organizations 

18 in voluntary testing or compliance moni19 toring for and remediation of lead contami20 nation in drinking water at schools and 

21 child care programs under the jurisdiction 

22 of those local educational agencies; and 

23 ‘‘(ii) tribal consortia to assist tribal 

24 education agencies (as defined in section 3 

25 of the National Environmental Education 
47 

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1 Act (20 U.S.C. 5502)), public water sys2 tems that serve schools and child care pro3 grams under the jurisdiction of those tribal 

4 education agencies, and qualified nonprofit 

5 organizations in voluntary testing or com6 pliance monitoring for and remediation of 

7 lead contamination in drinking water at 

8 schools and child care programs under the 

9 jurisdiction of those tribal education agen10 cies.’’; and 

11 (ii) in subparagraph (B)— 

12 (I) in the matter preceding clause 

13 (i), by inserting ‘‘or compliance moni14 toring for or remediation of lead con15 tamination’’ after ‘‘voluntary testing’’; 

16 (II) in clause (i), by striking ‘‘or’’ 

17 at the end; 

18 (III) in clause (ii), by striking 

19 the period at the end and inserting a 

20 semicolon; and 

21 (IV) by adding at the end the fol22 lowing: 

23 ‘‘(iii) any public water system that is 

24 located in a State that does not participate 
48 

†S 914 ES

1 in the voluntary grant program established 

2 under subparagraph (A) that— 

3 ‘‘(I) assists schools or child care 

4 programs in lead testing; 

5 ‘‘(II) assists schools or child care 

6 programs with compliance monitoring; 

7 ‘‘(III) assists schools with car8 rying out projects to remediate lead 

9 contamination in drinking water; or 

10 ‘‘(IV) provides technical assist11 ance to schools or child care programs 

12 in carrying out lead testing; or 

13 ‘‘(iv) a qualified nonprofit organiza14 tion, as determined by the Administrator.’’; 

15 (C) in paragraphs (3), (5), (6), and (7), by 

16 striking ‘‘State or local educational agency’’ 

17 each place it appears and inserting ‘‘State, local 

18 educational agency, public water system, tribal 

19 consortium, or qualified nonprofit organiza20 tion’’; 

21 (D) in paragraph (4)— 

22 (i) by striking ‘‘States and local edu23 cational agencies’’ and inserting ‘‘States, 

24 local educational agencies, public water 
49 

†S 914 ES

1 systems, tribal consortia, and qualified 

2 nonprofit organizations’’; and 

3 (ii) by inserting ‘‘or the remediation 

4 of’’ after ‘‘testing for’’; 

5 (E) in paragraph (6)— 

6 (i) in the matter preceding subpara7 graph (A)— 

8 (I) by striking ‘‘State or local 

9 educational agency’’ and inserting 

10 ‘‘State, local educational agency, pub11 lic water system, tribal consortium, or 

12 qualified nonprofit agency’’; and 

13 (II) by inserting ‘‘, public water 

14 system, tribal consortium, or qualified 

15 nonprofit organization’’ after ‘‘each 

16 local educational agency’’; 

17 (ii) in subparagraph (A)(ii)— 

18 (I) by inserting ‘‘or tribal’’ after 

19 ‘‘applicable State’’; and 

20 (II) by striking ‘‘reducing lead’’ 

21 and inserting ‘‘voluntary testing or 

22 compliance monitoring for and reme23 diation of lead contamination’’; and 
50 

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1 (iii) in subparagraph (B)(i), by insert2 ing ‘‘applicable’’ before ‘‘local educational 

3 agency’’; 

4 (F) in paragraph (7), by striking ‘‘testing 

5 for’’ and inserting ‘‘testing or compliance moni6 toring for or remediation of’’; and 

7 (G) by striking paragraph (8) and insert8 ing the following: 

9 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated to carry out 

11 this subsection— 

12 ‘‘(A) $30,000,000 for fiscal year 2022; 

13 ‘‘(B) $35,000,000 for fiscal year 2023; 

14 ‘‘(C) $40,000,000 for fiscal year 2024; 

15 ‘‘(D) $45,000,000 for fiscal year 2025; 

16 and 

17 ‘‘(E) $50,000,000 for fiscal year 2026.’’. 

18 SEC. 111. INDIAN RESERVATION DRINKING WATER PRO19 GRAM. 

20 Section 2001 of the America’s Water Infrastructure 

21 Act of 2018 (42 U.S.C. 300j–3c note; Public Law 115– 

22 270) is amended— 

23 (1) in subsection (a)— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘Subject to the availability of appro-
51 

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1 priations, the Administrator of the Environ2 mental Protection Agency’’ and inserting ‘‘The 

3 Administrator of the Environmental Protection 

4 Agency (referred to in this section as the ‘Ad5 ministrator’)’’; and 

6 (B) by striking ‘‘to implement’’ in the mat7 ter preceding paragraph (1) and all that follows 

8 through the period at the end of paragraph (2) 

9 and inserting ‘‘to implement eligible projects 

10 described in subsection (b).’’; 

11 (2) in subsection (b), by striking paragraph (2) 

12 and inserting the following: 

13 ‘‘(2) that will— 

14 ‘‘(A) improve water quality, water pres15 sure, or water services through means such as 

16 connecting to, expanding, repairing, improving, 

17 or obtaining water from a public water system 

18 (as defined in section 1401 of the Safe Drink19 ing Water Act (42 U.S.C. 300f)); or 

20 ‘‘(B) improve water quality or sanitation 

21 or wastewater services at a treatment works (as 

22 defined in section 212 of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1292)).’’; 

24 (3) by redesignating subsection (d) as sub25 section (g); 
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1 (4) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) REQUIRED PROJECTS.— 

4 ‘‘(1) IN GENERAL.—If sufficient projects exist, 

5 of the funds made available to carry out this section, 

6 the Administrator shall use 50 percent to carry 

7 out— 

8 ‘‘(A) 10 eligible projects described in sub9 section (b) that are within the Upper Missouri 

10 River Basin; 

11 ‘‘(B) 10 eligible projects described in sub12 section (b) that are within the Upper Rio 

13 Grande Basin; 

14 ‘‘(C) 10 eligible projects described in sub15 section (b) that are within the Columbia River 

16 Basin; 

17 ‘‘(D) 10 eligible projects described in sub18 section (b) that are within the Lower Colorado 

19 River Basin; and 

20 ‘‘(E) 10 eligible projects described in sub21 section (b) that are within the Arkansas-White22 Red River Basin. 

23 ‘‘(2) REQUIREMENT.—In carrying out para24 graph (1)(A), the Administrator shall select not 

25 fewer than 2 eligible projects for a reservation that 
53 

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1 serves more than 1 federally recognized Indian 

2 Tribe. 

3 ‘‘(d) PRIORITY.—In selecting projects to carry out 

4 under this section, the Administrator shall give priority 

5 to projects that— 

6 ‘‘(1) respond to emergency situations occurring 

7 due to or resulting in a lack of access to clean drink8 ing water that threatens the health of Tribal popu9 lations; 

10 ‘‘(2) would serve a Tribal population that would 

11 qualify as a disadvantaged community based on the 

12 affordability criteria established by the applicable 

13 State under section 1452(d)(3) of the Safe Drinking 

14 Water Act (42 U.S.C. 300j–12(d)(3)); or 

15 ‘‘(3) would address the underlying factors con16 tributing to— 

17 ‘‘(A) an enforcement action commenced 

18 pursuant to the Safe Drinking Water Act (42 

19 U.S.C. 300f et seq.) against the applicable pub20 lic water system (as defined in section 1401 of 

21 that Act (42 U.S.C. 300f)) as of the date of en22 actment of the Drinking Water and Wastewater 

23 Infrastructure Act of 2021; or 

24 ‘‘(B) an enforcement action commenced 

25 pursuant to the Federal Water Pollution Con-
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1 trol Act (33 U.S.C. 1251 et seq.) against the 

2 applicable treatment works (as defined in sec3 tion 212 of that Act (33 U.S.C. 1292)) as of 

4 the date of enactment of the Drinking Water 

5 and Wastewater Infrastructure Act of 2021. 

6 ‘‘(e) FEDERAL SHARE.—The Federal share of the 

7 cost of a project carried out under this section shall be 

8 100 percent. 

9 ‘‘(f) REPORT.—Not later than 2 years after the date 

10 of enactment of the Drinking Water and Wastewater In11 frastructure Act of 2021, the Administrator shall submit 

12 to Congress a report that describes the implementation of 

13 the program established under subsection (a), which shall 

14 include a description of the use and deployment of 

15 amounts made available under that program.’’; and 

16 (5) in subsection (g) (as so redesignated)— 

17 (A) by striking ‘‘There is’’ and inserting 

18 ‘‘There are’’; 

19 (B) by striking ‘‘subsection (a) 

20 $20,000,000’’ and inserting the following: ‘‘sub21 section (a)— 

22 ‘‘(1) $20,000,000’’; 

23 (C) in paragraph (1) (as so designated), by 

24 striking ‘‘2022.’’ and inserting ‘‘2021; and’’; 

25 and 
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1 (D) by adding at the end the following: 

2 ‘‘(2) $50,000,000 for each of fiscal years 2022 

3 through 2026.’’. 

4 SEC. 112. ADVANCED DRINKING WATER TECHNOLOGIES. 

5 Part E of the Safe Drinking Water Act (42 U.S.C. 

6 300j et seq.) (as amended by section 107) is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES. 

9 ‘‘(a) STUDY.— 

10 ‘‘(1) IN GENERAL.—Subject to the availability 

11 of appropriations, not later than 1 year after the 

12 date of enactment of the Drinking Water and 

13 Wastewater Infrastructure Act of 2021, the Admin14 istrator shall carry out a study that examines the 

15 state of existing and potential future technology, in16 cluding technology that could address cybersecurity 

17 vulnerabilities, that enhances or could enhance the 

18 treatment, monitoring, affordability, efficiency, and 

19 safety of drinking water provided by a public water 

20 system. 

21 ‘‘(2) REPORT.—The Administrator shall submit 

22 to the Committee on Environment and Public Works 

23 of the Senate and the Committee on Energy and 

24 Commerce of the House of Representatives a report 
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1 that describes the results of the study under para2 graph (1). 

3 ‘‘(b) ADVANCED DRINKING WATER TECHNOLOGY

4 GRANT PROGRAM.— 

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

6 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi7 ble entity’ means the owner or operator of a 

8 public water system that— 

9 ‘‘(i) serves— 

10 ‘‘(I) a population of not more 

11 than 100,000 people; or 

12 ‘‘(II) a community described in 

13 section 1459A(c)(2); 

14 ‘‘(ii) has plans to identify or has iden15 tified opportunities in the operations of the 

16 public water system to employ new, exist17 ing, or emerging, yet proven, technologies, 

18 including technology that could address cy19 bersecurity vulnerabilities, as determined 

20 by the Administrator, that enhance treat21 ment, monitoring, affordability, efficiency, 

22 or safety of the drinking water provided by 

23 the public water system, including tech24 nologies not identified in the study con25 ducted under subsection (a)(1); and 
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1 ‘‘(iii) has expressed an interest in the 

2 opportunities in the operation of the public 

3 water system to employ new, existing, or 

4 emerging, yet proven, technologies, includ5 ing technology that could address cyberse6 curity vulnerabilities, as determined by the 

7 Administrator, that enhance treatment, 

8 monitoring, affordability, efficiency, or 

9 safety of the drinking water provided by 

10 the public water system, including tech11 nologies not identified in the study con12 ducted under subsection (a)(1). 

13 ‘‘(B) PROGRAM.—The term ‘program’ 

14 means the competitive grant program estab15 lished under paragraph (2). 

16 ‘‘(C) UNDERSERVED COMMUNITY.—The 

17 term ‘underserved community’ means a political 

18 subdivision of a State that, as determined by 

19 the Administrator, has an inadequate system 

20 for obtaining drinking water. 

21 ‘‘(2) ESTABLISHMENT.—The Administrator 

22 shall establish a competitive grant program under 

23 which the Administrator shall award grants to eligi24 ble entities for the purpose of identifying, deploying, 
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1 or identifying and deploying technologies described 

2 in paragraph (1)(A)(ii). 

3 ‘‘(3) REQUIREMENTS.— 

4 ‘‘(A) APPLICATIONS.—To be eligible to re5 ceive a grant under the program, an eligible en6 tity shall submit to the Administrator an appli7 cation at such time, in such manner, and con8 taining such information as the Administrator 

9 may require. 

10 ‘‘(B) FEDERAL SHARE.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), the Federal share of the cost of a 

13 project carried out using a grant under the 

14 program shall not exceed 90 percent of the 

15 total cost of the project. 

16 ‘‘(ii) WAIVER.—The Administrator 

17 may increase the Federal share under 

18 clause (i) to 100 percent if the Adminis19 trator determines that an eligible entity is 

20 unable to pay, or would experience signifi21 cant financial hardship if required to pay, 

22 the non-Federal share. 

23 ‘‘(4) REPORT.—Not later than 2 years after the 

24 date on which the Administrator first awards a 

25 grant under the program, and annually thereafter, 
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1 the Administrator shall submit to Congress a report 

2 describing— 

3 ‘‘(A) each recipient of a grant under the 

4 program during the previous 1-year period; and 

5 ‘‘(B) a summary of the activities carried 

6 out using grants awarded under the program. 

7 ‘‘(5) FUNDING.— 

8 ‘‘(A) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appropriated 

10 to carry out the program $10,000,000 for each 

11 of fiscal years 2022 through 2026, to remain 

12 available until expended. 

13 ‘‘(B) ADMINISTRATIVE COSTS.—Not more 

14 than 2 percent of the amount made available 

15 for a fiscal year under subparagraph (A) to 

16 carry out the program may be used by the Ad17 ministrator for the administrative costs of car18 rying out the program.’’. 

19 SEC. 113. CYBERSECURITY SUPPORT FOR PUBLIC WATER 

20 SYSTEMS. 

21 Part B of the Safe Drinking Water Act (42 U.S.C. 

22 300g et seq.) is amended by adding at the end the fol23 lowing: 
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1 ‘‘SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC 

2 WATER SYSTEMS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘appropriate Congressional com6 mittees’ means— 

7 ‘‘(A) the Committee on Environment and 

8 Public Works of the Senate; 

9 ‘‘(B) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 ‘‘(C) the Committee on Energy and Com12 merce of the House of Representatives; and 

13 ‘‘(D) the Committee on Homeland Security 

14 of the House of Representatives. 

15 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

16 the Director of the Cybersecurity and Infrastructure 

17 Security Agency. 

18 ‘‘(3) INCIDENT.—The term ‘incident’ has the 

19 meaning given the term in section 3552 of title 44, 

20 United States Code. 

21 ‘‘(4) PRIORITIZATION FRAMEWORK.—The term 

22 ‘Prioritization Framework’ means the prioritization 

23 framework developed by the Administrator under 

24 subsection (b)(1)(A). 

25 ‘‘(5) SUPPORT PLAN.—The term ‘Support Plan’ 

26 means the Technical Cybersecurity Support Plan de-
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1 veloped by the Administrator under subsection 

2 (b)(2)(A). 

3 ‘‘(b) IDENTIFICATION OF AND SUPPORT FOR PUBLIC

4 WATER SYSTEMS.— 

5 ‘‘(1) PRIORITIZATION FRAMEWORK.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of the Drink8 ing Water and Wastewater Infrastructure Act 

9 of 2021, the Administrator, in coordination 

10 with the Director, shall develop a prioritization 

11 framework to identify public water systems (in12 cluding sources of water for those public water 

13 systems) that, if degraded or rendered inoper14 able due to an incident, would lead to signifi15 cant impacts on the health and safety of the 

16 public. 

17 ‘‘(B) CONSIDERATIONS.—In developing the 

18 Prioritization Framework, to the extent prac19 ticable, the Administrator shall incorporate con20 sideration of— 

21 ‘‘(i) whether cybersecurity 

22 vulnerabilities for a public water system 

23 have been identified under section 1433; 
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1 ‘‘(ii) the capacity of a public water 

2 system to remediate a cybersecurity vulner3 ability without additional Federal support; 

4 ‘‘(iii) whether a public water system 

5 serves a defense installation or critical na6 tional security asset; and 

7 ‘‘(iv) whether a public water system, if 

8 degraded or rendered inoperable due to an 

9 incident, would cause a cascading failure of 

10 other critical infrastructure. 

11 ‘‘(2) TECHNICAL CYBERSECURITY SUPPORT

12 PLAN.— 

13 ‘‘(A) IN GENERAL.—Not later than 270 

14 days after the date of enactment of the Drink15 ing Water and Wastewater Infrastructure Act 

16 of 2021, the Administrator, in coordination 

17 with the Director and using existing authorities 

18 of the Administrator and the Director for pro19 viding voluntary support to public water sys20 tems and the Prioritization Framework, shall 

21 develop a Technical Cybersecurity Support Plan 

22 for public water systems. 

23 ‘‘(B) REQUIREMENTS.—The Support 

24 Plan— 
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1 ‘‘(i) shall establish a methodology for 

2 identifying specific public water systems 

3 for which cybersecurity support should be 

4 prioritized; 

5 ‘‘(ii) shall establish timelines for mak6 ing voluntary technical support for cyber7 security available to specific public water 

8 systems; 

9 ‘‘(iii) may include public water sys10 tems identified by the Administrator, in co11 ordination with the Director, as needing 

12 technical support for cybersecurity; 

13 ‘‘(iv) shall include specific capabilities 

14 of the Administrator and the Director that 

15 may be utilized to provide support to pub16 lic water systems under the Support Plan, 

17 including— 

18 ‘‘(I) site vulnerability and risk 

19 assessments; 

20 ‘‘(II) penetration tests; and 

21 ‘‘(III) any additional support de22 termined to be appropriate by the Ad23 ministrator; and 
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1 ‘‘(v) shall only include plans for pro2 viding voluntary support to public water 

3 systems. 

4 ‘‘(3) CONSULTATION REQUIRED.—In developing 

5 the Prioritization Framework pursuant to paragraph 

6 (1) and the Support Plan pursuant to paragraph 

7 (2), the Administrator shall consult with such Fed8 eral or non-Federal entities as determined to be ap9 propriate by the Administrator. 

10 ‘‘(4) REPORTS REQUIRED.— 

11 ‘‘(A) PRIORITIZATION FRAMEWORK.—Not 

12 later than 190 days after the date of enactment 

13 of the Drinking Water and Wastewater Infra14 structure Act of 2021, the Administrator shall 

15 submit to the appropriate Congressional com16 mittees a report describing the Prioritization 

17 Framework. 

18 ‘‘(B) TECHNICAL CYBERSECURITY SUP19 PORT PLAN.—Not later than 280 days after the 

20 date of enactment of the Drinking Water and 

21 Wastewater Infrastructure Act of 2021, the Ad22 ministrator shall submit to the appropriate 

23 Congressional committees— 

24 ‘‘(i) the Support Plan; and 
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1 ‘‘(ii) a list describing any public water 

2 systems identified by the Administrator, in 

3 coordination with the Director, as needing 

4 technical support for cybersecurity during 

5 the development of the Support Plan. 

6 ‘‘(c) RULES OF CONSTRUCTION.—Nothing in this 

7 section— 

8 ‘‘(1) alters the existing authorities of the Ad9 ministrator; or 

10 ‘‘(2) compels a public water system to accept 

11 technical support offered by the Administrator.’’. 

12 SEC. 114. STATE RESPONSE TO CONTAMINANTS. 

13 Section 1459A(j)(1) of the Safe Drinking Water Act 

14 (42 U.S.C. 300j–19a(j)(1)) is amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by striking ‘‘an underserved community’’ and insert17 ing ‘‘a community described in subsection (c)(2)’’; 

18 and 

19 (2) in subparagraph (A)(i), by striking ‘‘such 

20 underserved’’ and inserting ‘‘that’’. 

21 SEC. 115. ANNUAL STUDY ON BOIL WATER ADVISORIES. 

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

23 date of enactment of this Act, and annually thereafter, 

24 the Administrator shall conduct a study on the prevalence 

25 of boil water advisories issued in the United States. 
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1 (b) REPORT.— 

2 (1) IN GENERAL.—The Administrator shall 

3 submit to Congress a report describing the results of 

4 the most recent study conducted under subsection 

5 (a) as part of the annual budget request transmitted 

6 to Congress under section 1105(a) of title 31, 

7 United States Code. 

8 (2) REQUIREMENT.—In the annual report re9 quired under paragraph (1), the Administrator shall 

10 include a description of the reasons for which boil 

11 water advisories were issued during the year covered 

12 by the report. 

13 TITLE II—CLEAN WATER 

14 SEC. 201. RESEARCH, INVESTIGATIONS, TRAINING, AND IN15 FORMATION. 

16 (a) REAUTHORIZATION.—Section 104(u) of the Fed17 eral Water Pollution Control Act (33 U.S.C. 1254(u)) is 

18 amended— 

19 (1) by striking ‘‘and (7)’’ and inserting ‘‘(7)’’; 

20 and 

21 (2) in paragraph (7)— 

22 (A) by striking ‘‘2023’’ and inserting 

23 ‘‘2021’’; and 

24 (B) by striking the period at the end and 

25 inserting ‘‘; and (8) not to exceed $75,000,000 
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1 for each of fiscal years 2022 through 2026 for 

2 carrying out subsections (b)(3), (b)(8), and (g), 

3 of which not less than $50,000,000 each fiscal 

4 year shall be used to carry out subsection 

5 (b)(8).’’. 

6 (b) COMMUNICATION.—Each nonprofit organization 

7 that receives funding under paragraph (8) of section 

8 104(b) of the Federal Water Pollution Control Act (33 

9 U.S.C. 1254(b)) shall, before using that funding to under10 take activities to carry out that paragraph, consult with 

11 the State in which the assistance is to be expended or oth12 erwise made available. 

13 (c) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act, the Administrator shall submit 

15 to Congress a report that describes the implementation of 

16 the grants authorized under subsections (b)(3), (b)(8), 

17 and (g) of section 104 of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1254), which shall include a descrip19 tion of the grant recipients and grant amounts made avail20 able to carry out those subsections. 

21 SEC. 202. WASTEWATER EFFICIENCY GRANT PILOT PRO22 GRAM. 

23 Title II of the Federal Water Pollution Control Act 

24 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

25 the following: 
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1 ‘‘SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PRO2 GRAM. 

3 ‘‘(a) ESTABLISHMENT.—Subject to the availability of 

4 appropriations, the Administrator shall establish a waste5 water efficiency grant pilot program (referred to in this 

6 section as the ‘pilot program’) to award grants to owners 

7 or operators of publicly owned treatment works to carry 

8 out projects that create or improve waste-to-energy sys9 tems. 

10 ‘‘(b) SELECTION.— 

11 ‘‘(1) APPLICATIONS.—To be eligible to receive a 

12 grant under the pilot program, an owner or operator 

13 of a treatment works shall submit to the Adminis14 trator an application at such time, in such manner, 

15 and containing such information as the Adminis16 trator may require. 

17 ‘‘(2) NUMBER OF RECIPIENTS.—The Adminis18 trator shall select not more than 15 recipients of 

19 grants under the pilot program from applications 

20 submitted under paragraph (1). 

21 ‘‘(c) USE OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

23 recipient of a grant under the pilot program may use 

24 grant funds for— 

25 ‘‘(A) sludge collection; 

26 ‘‘(B) installation of anaerobic digesters; 
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1 ‘‘(C) methane capture; 

2 ‘‘(D) methane transfer; 

3 ‘‘(E) facility upgrades and retrofits nec4 essary to create or improve waste-to-energy sys5 tems; and 

6 ‘‘(F) other new and emerging, but proven, 

7 technologies that transform waste to energy. 

8 ‘‘(2) LIMITATION.—A grant to a recipient 

9 under the pilot program shall be not more than 

10 $4,000,000. 

11 ‘‘(d) REPORTS.— 

12 ‘‘(1) REPORT TO THE ADMINISTRATOR.—Not 

13 later than 2 years after receiving a grant under the 

14 pilot program and each year thereafter for which 

15 amounts are made available for the pilot program 

16 under subsection (e), the recipient of the grant shall 

17 submit to the Administrator a report describing the 

18 impact of that project on the communities within 3 

19 miles of the treatment works. 

20 ‘‘(2) REPORT TO CONGRESS.—Not later than 1 

21 year after first awarding grants under the pilot pro22 gram and each year thereafter for which amounts 

23 are made available for the pilot program under sub24 section (e), the Administrator shall submit to Con25 gress a report describing— 
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1 ‘‘(A) the applications received by the Ad2 ministrator for grants under the pilot program; 

3 and 

4 ‘‘(B) the projects for which grants were 

5 awarded under the pilot program. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

8 appropriated to carry out the pilot program 

9 $20,000,000 for each of fiscal years 2022 through 

10 2026, to remain available until expended. 

11 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

12 amounts made available for grants under paragraph 

13 (1), not more than 2 percent may be used to pay the 

14 administrative costs of the Administrator.’’. 

15 SEC. 203. PILOT PROGRAM FOR ALTERNATIVE WATER 

16 SOURCE PROJECTS. 

17 Section 220 of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1300) is amended— 

19 (1) in subsection (b), in the heading, by strik20 ing ‘‘IN GENERAL’’ and inserting ‘‘ESTABLISH21 MENT’’; 

22 (2) in subsection (d)— 

23 (A) in paragraph (1), by inserting ‘‘con24 struction’’ before ‘‘funds’’; 

25 (B) by striking paragraph (2); and 
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1 (C) by redesignating paragraph (3) as 

2 paragraph (2); 

3 (3) by striking subsection (e); 

4 (4) in subsection (i)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘, the following definitions apply’’; 

7 and 

8 (B) in paragraph (1), in the first sentence, 

9 by striking ‘‘water or wastewater or by treating 

10 wastewater’’ and inserting ‘‘water, wastewater, 

11 or stormwater or by treating wastewater or 

12 stormwater for groundwater recharge, potable 

13 reuse, or other purposes’’; 

14 (5) in subsection (j)— 

15 (A) in the first sentence, by striking 

16 ‘‘There is’’ and inserting the following: 

17 ‘‘(1) IN GENERAL.—There is’’; 

18 (B) in paragraph (1) (as so designated), by 

19 striking ‘‘a total of $75,000,000 for fiscal years 

20 2002 through 2004. Such sums shall’’ and in21 serting ‘‘$25,000,000 for each of fiscal years 

22 2022 through 2026, to’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

25 amounts made available for grants under paragraph 
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1 (1), not more than 2 percent may be used to pay the 

2 administrative costs of the Administrator.’’; and 

3 (6) by redesignating subsections (b), (c), (d), 

4 (i), and (j) as subsections (c), (d), (e), (b), and (i), 

5 respectively, and moving those subsections so as to 

6 appear in alphabetical order. 

7 SEC. 204. SEWER OVERFLOW AND STORMWATER REUSE 

8 MUNICIPAL GRANTS. 

9 Section 221 of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1301) is amended— 

11 (1) in subsection (a)(1) — 

12 (A) in subparagraph (A), by striking 

13 ‘‘and’’ at the end; 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (C); and 

16 (C) by inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) notification systems to inform the 

19 public of combined sewer or sanitary overflows 

20 that result in sewage being released into rivers 

21 and other waters; and’’; 

22 (2) in subsection (d)— 

23 (A) in the second sentence, by striking 

24 ‘‘The non-Federal share of the cost’’ and insert25 ing the following: 
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1 ‘‘(3) TYPES OF NON-FEDERAL SHARE.—The 

2 applicable non-Federal share of the cost under this 

3 subsection’’; 

4 (B) in the first sentence, by striking ‘‘The 

5 Federal’’ and inserting the following: 

6 ‘‘(1) IN GENERAL.—The Federal’’; and 

7 (C) by inserting after paragraph (1) (as so 

8 designated) the following: 

9 ‘‘(2) RURAL AND FINANCIALLY DISTRESSED

10 COMMUNITIES.—To the maximum extent practicable, 

11 the Administrator shall work with States to prevent 

12 the non-Federal share requirements under this sub13 section from being passed on to rural communities 

14 and financially distressed communities (as those 

15 terms are defined in subsection (f)(2)(B)(i)).’’; 

16 (3) in subsection (f)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

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

20 appropriated to carry out this section $280,000,000 

21 for each of fiscal years 2022 through 2026.’’; and 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘To the extent’’ and in24 serting the following: 
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1 ‘‘(A) GREEN PROJECTS.—To the extent’’; 

2 and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(B) RURAL OR FINANCIALLY DISTRESSED

6 COMMUNITY ALLOCATION.— 

7 ‘‘(i) DEFINITIONS.—In this subpara8 graph: 

9 ‘‘(I) FINANCIALLY DISTRESSED

10 COMMUNITY.—The term ‘financially 

11 distressed community’ has the mean12 ing given the term in subsection 

13 (c)(1). 

14 ‘‘(II) RURAL COMMUNITY.—The 

15 term ‘rural community’ means a city, 

16 town, or unincorporated area that has 

17 a population of not more than 10,000 

18 inhabitants. 

19 ‘‘(ii) ALLOCATION.— 

20 ‘‘(I) IN GENERAL.—To the extent 

21 there are sufficient eligible project ap22 plications, the Administrator shall en23 sure that a State uses not less than 

24 25 percent of the amount of the 

25 grants made to the State under sub-
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1 section (a) in a fiscal year to carry 

2 out projects in rural communities or 

3 financially distressed communities for 

4 the purpose of planning, design, and 

5 construction of— 

6 ‘‘(aa) treatment works to 

7 intercept, transport, control, 

8 treat, or reuse municipal sewer 

9 overflows, sanitary sewer over10 flows, or stormwater; or 

11 ‘‘(bb) any other measures to 

12 manage, reduce, treat, or recap13 ture stormwater or subsurface 

14 drainage water eligible for assist15 ance under section 603(c). 

16 ‘‘(II) RURAL COMMUNITIES.—Of 

17 the funds allocated under subclause 

18 (I) for the purposes described in that 

19 subclause, to the extent there are suf20 ficient eligible project applications, the 

21 Administrator shall ensure that a 

22 State uses not less than 60 percent to 

23 carry out projects in rural commu24 nities.’’; and 

25 (4) in subsection (i)— 
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1 (A) in the second sentence, by striking 

2 ‘‘The recommended funding levels’’ and insert3 ing the following: 

4 ‘‘(B) REQUIREMENT.—The funding levels 

5 recommended under subparagraph (A)(i)’’; 

6 (B) in the first sentence, by striking ‘‘Not 

7 later’’ and inserting the following: 

8 ‘‘(1) PERIODIC REPORTS.— 

9 ‘‘(A) IN GENERAL.—Not later’’; 

10 (C) in paragraph (1)(A) (as so des11 ignated)— 

12 (i) by striking the period at the end 

13 and inserting ‘‘; and’’; 

14 (ii) by striking ‘‘containing rec15 ommended’’ and inserting the following: 

16 ‘‘containing— 

17 ‘‘(i) recommended’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(ii) a description of the extent to 

21 which States pass costs associated with the 

22 non-Federal share requirements under sub23 section (d) to local communities, with a 

24 focus on rural communities and financially 
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1 distressed communities (as those terms are 

2 defined in subsection (f)(2)(B)(i)).’’; and 

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

4 ‘‘(2) USE OF FUNDS.—Not later than 2 years 

5 after the date of enactment of the Drinking Water 

6 and Wastewater Infrastructure Act of 2021, the Ad7 ministrator shall submit to the Committee on Envi8 ronment and Public Works of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives a report that describes 

11 the implementation of the grant program under this 

12 section, which shall include a description of the 

13 grant recipients, sources of funds for non-Federal 

14 share requirements under subsection (d), and grant 

15 amounts made available under the program.’’. 

16 SEC. 205. CLEAN WATER INFRASTRUCTURE RESILIENCY 

17 AND SUSTAINABILITY PROGRAM. 

18 Title II of the Federal Water Pollution Control Act 

19 (33 U.S.C. 1281 et seq.) (as amended by section 202) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 223. CLEAN WATER INFRASTRUCTURE RESILIENCY 

22 AND SUSTAINABILITY PROGRAM. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en25 tity’ means— 
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1 ‘‘(A) a municipality; or 

2 ‘‘(B) an intermunicipal, interstate, or State 

3 agency. 

4 ‘‘(2) NATURAL HAZARD.—The term ‘natural 

5 hazard’ means a hazard caused by natural forces, in6 cluding extreme weather events, sea-level rise, and 

7 extreme drought conditions. 

8 ‘‘(3) PROGRAM.—The term ‘program’ means 

9 the clean water infrastructure resilience and sustain10 ability program established under subsection (b). 

11 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

12 appropriations, the Administrator shall establish a clean 

13 water infrastructure resilience and sustainability program 

14 under which the Administrator shall award grants to eligi15 ble entities for the purpose of increasing the resilience of 

16 publicly owned treatment works to a natural hazard or cy17 bersecurity vulnerabilities. 

18 ‘‘(c) USE OF FUNDS.—An eligible entity that receives 

19 a grant under the program shall use the grant funds for 

20 planning, designing, or constructing projects (on a system21 wide or area-wide basis) that increase the resilience of a 

22 publicly owned treatment works to a natural hazard or cy23 bersecurity vulnerabilities through— 

24 ‘‘(1) the conservation of water; 

25 ‘‘(2) the enhancement of water use efficiency; 
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1 ‘‘(3) the enhancement of wastewater and 

2 stormwater management by increasing watershed 

3 preservation and protection, including through the 

4 use of— 

5 ‘‘(A) natural and engineered green infra6 structure; and 

7 ‘‘(B) reclamation and reuse of wastewater 

8 and stormwater, such as aquifer recharge zones; 

9 ‘‘(4) the modification or relocation of an exist10 ing publicly owned treatment works, conveyance, or 

11 discharge system component that is at risk of being 

12 significantly impaired or damaged by a natural haz13 ard; 

14 ‘‘(5) the development and implementation of 

15 projects to increase the resilience of publicly owned 

16 treatment works to a natural hazard or cybersecu17 rity vulnerabilities, as applicable; or 

18 ‘‘(6) the enhancement of energy efficiency or 

19 the use and generation of recovered or renewable en20 ergy in the management, treatment, or conveyance 

21 of wastewater or stormwater. 

22 ‘‘(d) APPLICATION.—To be eligible to receive a grant 

23 under the program, an eligible entity shall submit to the 

24 Administrator an application at such time, in such man-
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1 ner, and containing such information as the Administrator 

2 may require, including— 

3 ‘‘(1) a proposal of the project to be planned, de4 signed, or constructed using funds under the pro5 gram; 

6 ‘‘(2) an identification of the natural hazard risk 

7 of the area where the proposed project is to be lo8 cated or potential cybersecurity vulnerability, as ap9 plicable, to be addressed by the proposed project; 

10 ‘‘(3) documentation prepared by a Federal, 

11 State, regional, or local government agency of the 

12 natural hazard risk of the area where the proposed 

13 project is to be located or potential cybersecurity 

14 vulnerability, as applicable, of the area where the 

15 proposed project is to be located; 

16 ‘‘(4) a description of any recent natural hazard 

17 risk of the area where the proposed project is to be 

18 located or potential cybersecurity vulnerabilities that 

19 have affected the publicly owned treatment works; 

20 ‘‘(5) a description of how the proposed project 

21 would improve the performance of the publicly 

22 owned treatment works under an anticipated natural 

23 hazard or natural hazard risk of the area where the 

24 proposed project is to be located or a potential cy25 bersecurity vulnerability, as applicable; and 
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1 ‘‘(6) an explanation of how the proposed project 

2 is expected to enhance the resilience of the publicly 

3 owned treatment works to a natural hazard risk of 

4 the area where the proposed project is to be located 

5 or a potential cybersecurity vulnerability, as applica6 ble. 

7 ‘‘(e) GRANT AMOUNT AND OTHER FEDERAL RE8 QUIREMENTS.— 

9 ‘‘(1) COST SHARE.—Except as provided in 

10 paragraph (2), a grant under the program shall not 

11 exceed 75 percent of the total cost of the proposed 

12 project. 

13 ‘‘(2) EXCEPTION.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), a grant under the program 

16 shall not exceed 90 percent of the total cost of 

17 the proposed project if the project serves a com18 munity that— 

19 ‘‘(i) has a population of fewer than 

20 10,000 individuals; or 

21 ‘‘(ii) meets the affordability criteria 

22 established by the State in which the com23 munity is located under section 603(i)(2). 

24 ‘‘(B) WAIVER.—At the discretion of the 

25 Administrator, a grant for a project described 
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1 in subparagraph (A) may cover 100 percent of 

2 the total cost of the proposed project. 

3 ‘‘(3) REQUIREMENTS.—The requirements of 

4 section 608 shall apply to a project funded with a 

5 grant under the program. 

6 ‘‘(f) REPORT.—Not later than 2 years after the date 

7 of enactment of the Drinking Water and Wastewater In8 frastructure Act of 2021, the Administrator shall submit 

9 to Congress a report that describes the implementation of 

10 the program, which shall include an accounting of all 

11 grants awarded under the program, including a descrip12 tion of each grant recipient and each project funded using 

13 a grant under the program. 

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 appropriated to carry out this section $25,000,000 

17 for each of fiscal years 2022 through 2026. 

18 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

19 amounts made available for grants under paragraph 

20 (1), not more than 2 percent may be used to pay the 

21 administrative costs of the Administrator.’’. 
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1 SEC. 206. SMALL AND MEDIUM PUBLICLY OWNED TREAT2 MENT WORKS CIRCUIT RIDER PROGRAM. 

3 Title II of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1281 et seq.) (as amended by section 205) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREAT7 MENT WORKS CIRCUIT RIDER PROGRAM. 

8 ‘‘(a) ESTABLISHMENT.—Subject to the availability of 

9 appropriations, not later than 180 days after the date of 

10 enactment of this section, the Administrator shall estab11 lish a circuit rider program (referred to in this section as 

12 the ‘circuit rider program’) under which the Administrator 

13 shall award grants to qualified nonprofit entities, as deter14 mined by the Administrator, to provide assistance to own15 ers and operators of small and medium publicly owned 

16 treatment works to carry out the activities described in 

17 section 602(b)(13). 

18 ‘‘(b) LIMITATION.—A grant provided under the cir19 cuit rider program shall be in an amount that is not more 

20 than $75,000. 

21 ‘‘(c) PRIORITIZATION.—In selecting recipients of 

22 grants under the circuit rider program, the Administrator 

23 shall give priority to qualified nonprofit entities, as deter24 mined by the Administrator, that would serve a commu25 nity that— 
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1 ‘‘(1) has a history, for not less than the 10 

2 years prior to the award of the grant, of unresolved 

3 wastewater issues, stormwater issues, or a combina4 tion of wastewater and stormwater issues; 

5 ‘‘(2) is considered financially distressed; 

6 ‘‘(3) faces the cumulative burden of stormwater 

7 and wastewater overflow issues; or 

8 ‘‘(4) has previously failed to access Federal 

9 technical assistance due to cost-sharing require10 ments. 

11 ‘‘(d) COMMUNICATION.—Each qualified nonprofit en12 tity that receives funding under this section shall, before 

13 using that funding to undertake activities to carry out this 

14 section, consult with the State in which the assistance is 

15 to be expended or otherwise made available. 

16 ‘‘(e) REPORT.—Not later than 2 years after the date 

17 on which the Administrator establishes the circuit rider 

18 program, and every 2 years thereafter, the Administrator 

19 shall submit to Congress a report describing— 

20 ‘‘(1) each recipient of a grant under the circuit 

21 rider program; and 

22 ‘‘(2) a summary of the activities carried out 

23 under the circuit rider program. 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There is authorized to be 

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

3 for the period of fiscal years 2022 through 2026. 

4 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

5 amounts made available for grants under paragraph 

6 (1), not more than 2 percent may be used to pay the 

7 administrative costs of the Administrator.’’. 

8 SEC. 207. SMALL PUBLICLY OWNED TREATMENT WORKS 

9 EFFICIENCY GRANT PROGRAM. 

10 Title II of the Federal Water Pollution Control Act 

11 (33 U.S.C. 1281 et seq.) (as amended by section 206) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS 

14 EFFICIENCY GRANT PROGRAM. 

15 ‘‘(a) ESTABLISHMENT.—Subject to the availability of 

16 appropriations, not later than 180 days after the date of 

17 enactment of this section, the Administrator shall estab18 lish an efficiency grant program (referred to in this section 

19 as the ‘efficiency grant program’) under which the Admin20 istrator shall award grants to eligible entities for the re21 placement or repair of equipment that improves water or 

22 energy efficiency of small publicly owned treatment works, 

23 as identified in an efficiency audit. 

24 ‘‘(b) ELIGIBLE ENTITIES.—The Administrator may 

25 award a grant under the efficiency grant program to— 
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1 ‘‘(1) an owner or operator of a small publicly 

2 owned treatment works that serves— 

3 ‘‘(A) a population of not more than 10,000 

4 people; or 

5 ‘‘(B) a disadvantaged community; or 

6 ‘‘(2) a nonprofit organization that seeks to as7 sist a small publicly owned treatment works de8 scribed in paragraph (1) to carry out the activities 

9 described in subsection (a). 

10 ‘‘(c) REPORT.—Not later than 2 years after the date 

11 on which the Administrator establishes the efficiency 

12 grant program, and every 2 years thereafter, the Adminis13 trator shall submit to Congress a report describing— 

14 ‘‘(1) each recipient of a grant under the effi15 ciency grant program; and 

16 ‘‘(2) a summary of the activities carried out 

17 under the efficiency grant program. 

18 ‘‘(d) USE OF FUNDS.— 

19 ‘‘(1) SMALL SYSTEMS.—Of the amounts made 

20 available for grants under this section, to the extent 

21 that there are sufficient applications, not less than 

22 15 percent shall be used for grants to publicly owned 

23 treatment works that serve fewer than 3,300 people. 

24 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

25 amounts made available for grants under this sec-
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1 tion, not more than 2 percent may be used to pay 

2 the administrative costs of the Administrator.’’. 

3 SEC. 208. GRANTS FOR CONSTRUCTION AND REFUR4 BISHING OF INDIVIDUAL HOUSEHOLD DE5 CENTRALIZED WASTEWATER SYSTEMS FOR 

6 INDIVIDUALS WITH LOW OR MODERATE IN7 COME. 

8 Title II of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1281 et seq.) (as amended by section 207) is 

10 amended by adding at the end the following: 

11 ‘‘SEC. 226. GRANTS FOR CONSTRUCTION AND REFUR12 BISHING OF INDIVIDUAL HOUSEHOLD DE13 CENTRALIZED WASTEWATER SYSTEMS FOR 

14 INDIVIDUALS WITH LOW OR MODERATE IN15 COME. 

16 ‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this 

17 section, the term ‘eligible individual’ means a member of 

18 a low-income or moderate-income household, the members 

19 of which have a combined income (for the most recent 12- 

20 month period for which information is available) equal to 

21 not more than 50 percent of the median nonmetropolitan 

22 household income for the State or territory in which the 

23 household is located, according to the most recent decen24 nial census. 

25 ‘‘(b) GRANT PROGRAM.— 
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1 ‘‘(1) IN GENERAL.—Subject to the availability 

2 of appropriations, the Administrator shall establish a 

3 program under which the Administrator shall pro4 vide grants to private nonprofit organizations for the 

5 purpose of improving general welfare by providing 

6 assistance to eligible individuals— 

7 ‘‘(A) for the construction, repair, or re8 placement of an individual household decentral9 ized wastewater treatment system; or 

10 ‘‘(B) for the installation of a larger decen11 tralized wastewater system designed to provide 

12 treatment for 2 or more households in which el13 igible individuals reside, if— 

14 ‘‘(i) site conditions at the households 

15 are unsuitable for the installation of an in16 dividually owned decentralized wastewater 

17 system; 

18 ‘‘(ii) multiple examples of unsuitable 

19 site conditions exist in close geographic 

20 proximity to each other; and 

21 ‘‘(iii) a larger decentralized waste22 water system could be cost-effectively in23 stalled. 

24 ‘‘(2) APPLICATION.—To be eligible to receive a 

25 grant under this subsection, a private nonprofit or-
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1 ganization shall submit to the Administrator an ap2 plication at such time, in such manner, and con3 taining such information as the Administrator deter4 mines to be appropriate. 

5 ‘‘(3) PRIORITY.—In awarding grants under this 

6 subsection, the Administrator shall give priority to 

7 applicants that have substantial expertise and expe8 rience in promoting the safe and effective use of in9 dividual household decentralized wastewater systems. 

10 ‘‘(4) ADMINISTRATIVE EXPENSES.—A private 

11 nonprofit organization may use amounts provided 

12 under this subsection to pay the administrative ex13 penses associated with the provision of the services 

14 described in paragraph (1), as the Administrator de15 termines to be appropriate. 

16 ‘‘(c) GRANTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

18 private nonprofit organization shall use a grant pro19 vided under subsection (b) for the services described 

20 in paragraph (1) of that subsection. 

21 ‘‘(2) APPLICATION.—To be eligible to receive 

22 the services described in subsection (b)(1), an eligi23 ble individual shall submit to the private nonprofit 

24 organization serving the area in which the individual 

25 household decentralized wastewater system of the el-
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1 igible individuals is, or is proposed to be, located an 

2 application at such time, in such manner, and con3 taining such information as the private nonprofit or4 ganization determines to be appropriate. 

5 ‘‘(3) PRIORITY.—In awarding grants under this 

6 subsection, a private nonprofit organization shall 

7 give priority to any eligible individual who does not 

8 have access to a sanitary sewage disposal system. 

9 ‘‘(d) REPORT.—Not later than 2 years after the date 

10 of enactment of this section, the Administrator shall sub11 mit to the Committee on Environment and Public Works 

12 of the Senate and the Committee on Transportation and 

13 Infrastructure of the House of Representatives a report 

14 describing the recipients of grants under the program 

15 under this section and the results of the program under 

16 this section. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

19 appropriated to the Administrator to carry out this 

20 section $50,000,000 for each of fiscal years 2022 

21 through 2026. 

22 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the 

23 amounts made available for grants under paragraph 

24 (1), not more than 2 percent may be used to pay the 

25 administrative costs of the Administrator.’’. 
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1 SEC. 209. CONNECTION TO PUBLICLY OWNED TREATMENT 

2 WORKS. 

3 Title II of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1281 et seq.) (as amended by section 208) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT 

7 WORKS. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means— 

11 ‘‘(A) an owner or operator of a publicly 

12 owned treatment works that assists or is seek13 ing to assist low-income or moderate-income in14 dividuals with connecting the household of the 

15 individual to the publicly owned treatment 

16 works; or 

17 ‘‘(B) a nonprofit entity that assists low-in18 come or moderate-income individuals with the 

19 costs associated with connecting the household 

20 of the individual to a publicly owned treatment 

21 works. 

22 ‘‘(2) PROGRAM.—The term ‘program’ means 

23 the competitive grant program established under 

24 subsection (b). 
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1 ‘‘(3) QUALIFIED INDIVIDUAL.—The term ‘quali2 fied individual’ has the meaning given the term ‘eli3 gible individual’ in section 603(j). 

4 ‘‘(b) ESTABLISHMENT.—Subject to the availability of 

5 appropriations, the Administrator shall establish a com6 petitive grant program with the purpose of improving gen7 eral welfare, under which the Administrator awards grants 

8 to eligible entities to provide funds to assist qualified indi9 viduals in covering the costs incurred by the qualified indi10 vidual in connecting the household of the qualified indi11 vidual to a publicly owned treatment works. 

12 ‘‘(c) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—An eligible entity seeking a 

14 grant under the program shall submit to the Admin15 istrator an application at such time, in such manner, 

16 and containing such information as the Adminis17 trator may by regulation require. 

18 ‘‘(2) REQUIREMENT.—Not later than 90 days 

19 after the date on which the Administrator receives 

20 an application from an eligible entity under para21 graph (1), the Administrator shall notify the eligible 

22 entity of whether the Administrator will award a 

23 grant to the eligible entity under the program. 
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1 ‘‘(d) SELECTION CRITERIA.—In selecting recipients 

2 of grants under the program, the Administrator shall use 

3 the following criteria: 

4 ‘‘(1) Whether the eligible entity seeking a grant 

5 provides services to, or works directly with, qualified 

6 individuals. 

7 ‘‘(2) Whether the eligible entity seeking a 

8 grant— 

9 ‘‘(A) has an existing program to assist in 

10 covering the costs incurred in connecting a 

11 household to a publicly owned treatment works; 

12 or 

13 ‘‘(B) seeks to create a program described 

14 in subparagraph (A). 

15 ‘‘(e) REQUIREMENTS.— 

16 ‘‘(1) VOLUNTARY CONNECTION.—Before pro17 viding funds to a qualified individual for the costs 

18 described in subsection (b), an eligible entity shall 

19 ensure that— 

20 ‘‘(A) the qualified individual has connected 

21 to the publicly owned treatment works volun22 tarily; and 

23 ‘‘(B) if the eligible entity is not the owner 

24 or operator of the publicly owned treatment 

25 works to which the qualified individual has con-
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1 nected, the publicly owned treatment works to 

2 which the qualified individual has connected has 

3 agreed to the connection. 

4 ‘‘(2) REIMBURSEMENTS FROM PUBLICLY

5 OWNED TREATMENT WORKS.—An eligible entity that 

6 is an owner or operator of a publicly owned treat7 ment works may reimburse a qualified individual 

8 that has already incurred the costs described in sub9 section (b) by— 

10 ‘‘(A) reducing the amount otherwise owed 

11 by the qualified individual to the owner or oper12 ator for wastewater or other services provided 

13 by the owner or operator; or 

14 ‘‘(B) providing a direct payment to the 

15 qualified individual. 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

18 appropriated to carry out the program $40,000,000 

19 for each of fiscal years 2022 through 2026. 

20 ‘‘(2) LIMITATIONS ON USE OF FUNDS.— 

21 ‘‘(A) SMALL SYSTEMS.—Of the amounts 

22 made available for grants under paragraph (1), 

23 to the extent that there are sufficient applica24 tions, not less than 15 percent shall be used to 

25 make grants to— 
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1 ‘‘(i) eligible entities described in sub2 section (a)(1)(A) that are owners and op3 erators of publicly owned treatment works 

4 that serve fewer than 3,300 people; and 

5 ‘‘(ii) eligible entities described in sub6 section (a)(1)(B) that provide the assist7 ance described in that subsection in areas 

8 that are served by publicly owned treat9 ment works that serve fewer than 3,300 

10 people. 

11 ‘‘(B) ADMINISTRATIVE COSTS.—Of the 

12 amounts made available for grants under para13 graph (1), not more than 2 percent may be 

14 used to pay the administrative costs of the Ad15 ministrator.’’. 

16 SEC. 210. CLEAN WATER STATE REVOLVING FUNDS. 

17 (a) USE OF FUNDS.— 

18 (1) IN GENERAL.—Section 603 of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1383) is 

20 amended— 

21 (A) in subsection (d), in the matter pre22 ceding paragraph (1), by inserting ‘‘and pro23 vided in subsection (k)’’ after ‘‘State law’’; 

24 (B) in subsection (i)— 
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1 (i) in paragraph (1), in the matter 

2 preceding subparagraph (A), by striking ‘‘, 

3 including forgiveness of principal and neg4 ative interest loans’’ and inserting ‘‘(in5 cluding forgiveness of principal, grants, 

6 negative interest loans, other loan forgive7 ness, and through buying, refinancing, or 

8 restructuring debt)’’; and 

9 (ii) in paragraph (3), by striking sub10 paragraph (B) and inserting the following: 

11 ‘‘(B) TOTAL AMOUNT OF SUBSIDIZA12 TION.— 

13 ‘‘(i) IN GENERAL.—For each fiscal 

14 year, of the amount of the capitalization 

15 grant received by the State under this title, 

16 the total amount of additional subsidiza17 tion made available by a State under para18 graph (1)— 

19 ‘‘(I) may not exceed 30 percent; 

20 and 

21 ‘‘(II) to the extent that there are 

22 sufficient applications for assistance 

23 to communities described in that 

24 paragraph, may not be less than 10 

25 percent. 
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1 ‘‘(ii) EXCLUSION.—A loan from the 

2 water pollution control revolving fund of a 

3 State with an interest rate equal to or 

4 greater than 0 percent shall not be consid5 ered additional subsidization for purposes 

6 of this subparagraph.’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(k) ADDITIONAL USE OF FUNDS.—A State may use 

9 an additional 2 percent of the funds annually awarded to 

10 each State under this title for nonprofit organizations (as 

11 defined in section 104(w)) or State, regional, interstate, 

12 or municipal entities to provide technical assistance to 

13 rural, small, and tribal publicly owned treatment works 

14 (within the meaning of section 104(b)(8)(B)) in the 

15 State.’’. 

16 (2) TECHNICAL AMENDMENT.—Section 104(w) 

17 of the Federal Water Pollution Control Act (33 

18 U.S.C. 1254(w)) is amended by striking ‘‘treatments 

19 works’’ and inserting ‘‘treatment works’’. 

20 (b) CAPITALIZATION GRANT REAUTHORIZATION.— 

21 Section 607 of the Federal Water Pollution Control Act 

22 (33 U.S.C. 1387) is amended to read as follows: 

23 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘There are authorized to be appropriated to carry out 

25 the purposes of this title— 
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1 ‘‘(1) $2,400,000,000 for fiscal year 2022; 

2 ‘‘(2) $2,750,000,000 for fiscal year 2023; 

3 ‘‘(3) $3,000,000,000 for fiscal year 2024; and 

4 ‘‘(4) $3,250,000,000 for each of fiscal years 

5 2025 and 2026.’’. 

6 SEC. 211. WATER INFRASTRUCTURE AND WORKFORCE IN7 VESTMENT. 

8 Section 4304 of the America’s Water Infrastructure 

9 Act of 2018 (42 U.S.C. 300j–19e) is amended— 

10 (1) in subsection (a)(3)— 

11 (A) in subparagraph (A), by inserting 

12 ‘‘Tribal,’’ after ‘‘State,’’; and 

13 (B) in subparagraph (B), by striking 

14 ‘‘community-based organizations’’ and all that 

15 follows through the period at the end and in16 serting the following: ‘‘community-based organi17 zations and public works departments or agen18 cies to align water and wastewater utility work19 force recruitment efforts, training programs, re20 tention efforts, and community resources with 

21 water and wastewater utilities— 

22 ‘‘(i) to accelerate career pipelines; 

23 ‘‘(ii) to ensure the sustainability of 

24 the water and wastewater utility workforce; 

25 and 
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1 ‘‘(iii) to provide access to workforce 

2 opportunities.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by striking subparagraph (B); 

6 (ii) in subparagraph (A), by striking 

7 ‘‘; and’’ at the end and inserting ‘‘, which 

8 may include—’’ 

9 (iii) in the matter preceding subpara10 graph (A), by striking ‘‘program—’’ and 

11 all that follows through ‘‘to assist’’ in sub12 paragraph (A) and inserting ‘‘program to 

13 assist’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(A) expanding the use and availability of 

17 activities and resources that relate to the re18 cruitment, including the promotion of diversity 

19 within that recruitment, of individuals to ca20 reers in the water and wastewater utility sector; 

21 ‘‘(B) expanding the availability of training 

22 opportunities for— 

23 ‘‘(i) individuals entering into the 

24 water and wastewater utility sector; and 
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1 ‘‘(ii) individuals seeking to advance 

2 careers within the water and wastewater 

3 utility sector; and 

4 ‘‘(C) expanding the use and availability of 

5 activities and strategies, including the develop6 ment of innovative activities and strategies, that 

7 relate to the maintenance and retention of a 

8 sustainable workforce in the water and waste9 water utility sector.’’; 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘institutions—’’ and 

13 inserting ‘‘institutions, or public works de14 partments and agencies—’’; and 

15 (ii) in subparagraph (A)— 

16 (I) by striking clauses (ii) and 

17 (iii); 

18 (II) in clause (i), by adding ‘‘or’’ 

19 at the end; 

20 (III) by redesignating clause (i) 

21 as clause (ii); 

22 (IV) by inserting before clause 

23 (ii) (as so redesignated) the following: 

24 ‘‘(i) in the development of educational 

25 or recruitment materials and activities, in-
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1 cluding those materials and activities that 

2 specifically promote diversity within re3 cruitment, for the water and wastewater 

4 utility workforce;’’; and 

5 (V) by adding at the end the fol6 lowing: 

7 ‘‘(iii) developing activities and strate8 gies that relate to the maintenance and re9 tention of a sustainable workforce in the 

10 water and wastewater utility sector; and’’; 

11 (C) in paragraph (3)— 

12 (i) in subparagraph (D)(ii), by insert13 ing ‘‘or certification’’ after ‘‘training’’; and 

14 (ii) in subparagraph (E), by striking 

15 ‘‘ensure that incumbent water and waste 

16 water utilities workers’’ and inserting ‘‘are 

17 designed to retain incumbent water and 

18 wastewater utility workforce workers by 

19 ensuring that those workers’’; and 

20 (D) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) WORKING GROUP; REPORT.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall establish and coordinate a Federal inter25 agency working group to address recruitment, 
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1 training, and retention challenges in the water 

2 and wastewater utility workforce, which shall 

3 include representatives from— 

4 ‘‘(i) the Department of Education; 

5 ‘‘(ii) the Department of Labor; 

6 ‘‘(iii) the Department of Agriculture; 

7 ‘‘(iv) the Department of Veterans Af8 fairs; and 

9 ‘‘(v) other Federal agencies, as deter10 mined to be appropriate by the Adminis11 trator. 

12 ‘‘(B) REPORT.—Not later than 2 years 

13 after the date of enactment of the Drinking 

14 Water and Wastewater Infrastructure Act of 

15 2021, the Administrator, in coordination with 

16 the working group established under subpara17 graph (A), shall submit to Congress a report 

18 describing potential solutions to recruitment, 

19 training, and retention challenges in the water 

20 and wastewater utility workforce. 

21 ‘‘(C) CONSULTATION.—In carrying out the 

22 duties of the working group established under 

23 subparagraph (A), the working group shall con24 sult with State operator certification programs. 
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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $5,000,000 for each of fiscal years 

4 2022 through 2026.’’; 

5 (3) by redesignating subsections (a) and (b) as 

6 subsections (b) and (c), respectively; and 

7 (4) by inserting before subsection (b) (as so re8 designated) the following: 

9 ‘‘(a) DEFINITION OF PUBLIC WORKS DEPARTMENT

10 OR AGENCY.—In this section, the term ‘public works de11 partment or agency’ means a political subdivision of a 

12 local, county, or regional government that designs, builds, 

13 operates, and maintains water infrastructure, sewage and 

14 refuse disposal systems, and other public water systems 

15 and facilities.’’. 

16 SEC. 212. GRANTS TO ALASKA TO IMPROVE SANITATION IN 

17 RURAL AND NATIVE VILLAGES. 

18 Section 303 of the Safe Drinking Water Act Amend19 ments of 1996 (33 U.S.C. 1263a) is amended— 

20 (1) in subsection (b), by striking ‘‘50 percent’’ 

21 and inserting ‘‘75 percent’’; and 

22 (2) in subsection (e), by striking ‘‘this section’’ 

23 and all that follows through the period at the end 

24 and inserting the following: ‘‘this section— 
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1 ‘‘(1) $40,000,000 for each of fiscal years 2022 

2 through 2024; 

3 ‘‘(2) $50,000,000 for fiscal year 2025; and 

4 ‘‘(3) $60,000,000 for fiscal year 2026.’’. 

5 SEC. 213. WATER DATA SHARING PILOT PROGRAM. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—Subject to the availability of 

8 appropriations, the Administrator shall establish a 

9 competitive grant pilot program (referred to in this 

10 section as the ‘‘pilot program’’) under which the Ad11 ministrator may award grants to eligible entities 

12 under subsection (b) to establish systems that im13 prove the sharing of information concerning water 

14 quality, water infrastructure needs, and water tech15 nology, including cybersecurity technology, between 

16 States or among counties and other units of local 

17 government within a State, which may include— 

18 (A) establishing a website or data hub to 

19 exchange water data, including data on water 

20 quality or water technology, including new and 

21 emerging, but proven, water technology; and 

22 (B) intercounty communications initiatives 

23 related to water data. 

24 (2) REQUIREMENTS.— 
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1 (A) DATA SHARING.—The Internet of 

2 Water principles developed by the Nicholas In3 stitute for Environmental Policy Solutions shall, 

4 to the extent practicable, guide any water data 

5 sharing efforts under the pilot program. 

6 (B) USE OF EXISTING DATA.—The recipi7 ent of a grant under the pilot program to estab8 lish a website or data hub described in para9 graph (1)(A) shall, to the extent practicable, le10 verage existing data sharing infrastructure. 

11 (b) ELIGIBLE ENTITIES.—An entity eligible for a 

12 grant under the pilot program is— 

13 (1) a State, county, or other unit of local gov14 ernment that— 

15 (A) has a coastal watershed with signifi16 cant pollution levels; 

17 (B) has a water system with significant 

18 pollution levels; or 

19 (C) has significant individual water infra20 structure deficits; or 

21 (2) a regional consortium established under 

22 subsection (d). 

23 (c) APPLICATIONS.—To be eligible to receive a grant 

24 under the pilot program, an eligible entity under sub25 section (b) shall submit to the Administrator an applica-
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1 tion at such time, in such manner, and containing such 

2 information as the Administrator may require. 

3 (d) REGIONAL CONSORTIA.— 

4 (1) ESTABLISHMENT.—States may establish re5 gional consortia in accordance with this subsection. 

6 (2) REQUIREMENTS.—A regional consortium 

7 established under paragraph (1) shall— 

8 (A) include not fewer than 2 States that 

9 have entered into a memorandum of under10 standing— 

11 (i) to exchange water data, including 

12 data on water quality; or 

13 (ii) to share information, protocols, 

14 and procedures with respect to projects 

15 that evaluate, demonstrate, or install new 

16 and emerging, but proven, water tech17 nology; 

18 (B) carry out projects— 

19 (i) to exchange water data, including 

20 data on water quality; or 

21 (ii) that evaluate, demonstrate, or in22 stall new and emerging, but proven, water 

23 technology; and 

24 (C) develop a regional intended use plan, 

25 in accordance with paragraph (3), to identify 
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1 projects to carry out, including projects using 

2 grants received under this section. 

3 (3) REGIONAL INTENDED USE PLAN.—A re4 gional intended use plan of a regional consortium es5 tablished under paragraph (1)— 

6 (A) shall identify projects that the regional 

7 consortium intends to carry out, including 

8 projects that meet the requirements of para9 graph (2)(B); and 

10 (B) may include— 

11 (i) projects included in an intended 

12 use plan of a State prepared under section 

13 606(c) of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1386(c)) within the 

15 regional consortium; and 

16 (ii) projects not included in an in17 tended use plan of a State prepared under 

18 section 606(c) of the Federal Water Pollu19 tion Control Act (33 U.S.C. 1386(c)) with20 in the regional consortium. 

21 (e) REPORT.—Not later than 2 years after the date 

22 of enactment of this Act, the Administrator shall submit 

23 to Congress a report that describes the implementation of 

24 the pilot program, which shall include— 
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1 (1) a description of the use and deployment of 

2 amounts made available under the pilot program; 

3 and 

4 (2) an accounting of all grants awarded under 

5 the program, including a description of each grant 

6 recipient and each project funded using a grant 

7 under the pilot program. 

8 (f) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 the pilot program $15,000,000 for each of fiscal 

12 years 2022 through 2026, to remain available until 

13 expended. 

14 (2) REQUIREMENT.—Of the funds made avail15 able under paragraph (1), not more than 35 percent 

16 may be used to provide grants to regional consortia 

17 established under subsection (d). 

18 SEC. 214. FINAL RATING OPINION LETTERS. 

19 Section 5028(a)(1)(D)(ii) of the Water Infrastruc20 ture Finance and Innovation Act of 2014 (33 U.S.C. 

21 3907(a)(1)(D)(ii)) is amended by striking ‘‘final rating 

22 opinion letters from at least 2 rating agencies’’ and insert23 ing ‘‘a final rating opinion letter from at least 1 rating 

24 agency’’. 
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1 SEC. 215. WATER INFRASTRUCTURE FINANCING REAU2 THORIZATION. 

3 (a) IN GENERAL.—Section 5033 of the Water Infra4 structure Finance and Innovation Act of 2014 (33 U.S.C. 

5 3912) is amended— 

6 (1) in subsection (a), by adding at the end the 

7 following: 

8 ‘‘(3) FISCAL YEARS 2022 THROUGH 2026.— 

9 There is authorized to be appropriated to the Ad10 ministrator to carry out this subtitle $50,000,000 

11 for each of fiscal years 2022 through 2026, to re12 main available until expended.’’; 

13 (2) in subsection (b)(2)— 

14 (A) in the paragraph heading, by striking 

15 ‘‘2020 AND 2021’’ and inserting ‘‘AFTER 2019’’; 

16 and 

17 (B) by striking ‘‘2020 and 2021’’ and in18 serting ‘‘2022 through 2026’’; and 

19 (3) in subsection (e)(1), by striking ‘‘2020 and 

20 2021’’ and inserting ‘‘2022 through 2026’’. 

21 (b) OUTREACH PLAN.—The Water Infrastructure Fi22 nance and Innovation Act of 2014 (33 U.S.C. 3901 et 

23 seq.) is amended by adding at the end the following: 

24 ‘‘SEC. 5036. OUTREACH PLAN. 

25 ‘‘(a) DEFINITION OF RURAL COMMUNITY.—In this 

26 section, the term ‘rural community’ means a city, town, 
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1 or unincorporated area that has a population of not more 

2 than 10,000 inhabitants. 

3 ‘‘(b) OUTREACH REQUIRED.—Not later than 180 

4 days after the date of enactment of this section, the Ad5 ministrator, in consultation with relevant Federal agen6 cies, shall develop and begin implementation of an out7 reach plan to promote financial assistance available under 

8 this subtitle to small communities and rural commu9 nities.’’. 

10 SEC. 216. SMALL AND DISADVANTAGED COMMUNITY ANAL11 YSIS. 

12 (a) ANALYSIS.—Not later than 2 years after the date 

13 of enactment of this Act, using environmental justice data 

14 of the Environmental Protection Agency, including data 

15 from the environmental justice mapping and screening tool 

16 of the Environmental Protection Agency, the Adminis17 trator shall carry out an analysis under which the Admin18 istrator shall assess the programs under title VI of the 

19 Federal Water Pollution Control Act (33 U.S.C. 1381 et 

20 seq.) and section 1452 of the Safe Drinking Water Act 

21 (42 U.S.C. 300j–12) to identify historical distributions of 

22 funds to small and disadvantaged communities and new 

23 opportunities and methods to improve on the distribution 

24 of funds under those programs to low-income commu25 nities, rural communities, minority communities, and com-
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1 munities of indigenous peoples, in accordance with Execu2 tive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 

3 6381; relating to Federal actions to address environmental 

4 justice in minority populations and low-income popu5 lations). 

6 (b) REQUIREMENT.—The analysis under subsection 

7 (a) shall include an analysis, to the extent practicable, of 

8 communities in the United States that do not have access 

9 to drinking water or wastewater services. 

10 (c) REPORT.—On completion of the analysis under 

11 subsection (a), the Administrator shall submit to the Com12 mittee on Environment and Public Works of the Senate 

13 and the Committees on Energy and Commerce and Trans14 portation and Infrastructure of the House of Representa15 tives a report describing— 

16 (1) the results of the analysis; and 

17 (2) the criteria the Administrator used in car18 rying out the analysis. 

19 SEC. 217. STORMWATER INFRASTRUCTURE TECHNOLOGY. 

20 (a) DEFINITIONS.—In this section: 

21 (1) CENTER.—The term ‘‘center’’ means a cen22 ter of excellence for stormwater control infrastruc23 ture established under subsection (b)(1). 

24 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti25 ty’’ means— 
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1 (A) a State, Tribal, or local government; or 

2 (B) a local, regional, or other public entity 

3 that manages stormwater or wastewater re4 sources or other related water infrastructure. 

5 (3) ELIGIBLE INSTITUTION.—The term ‘‘eligi6 ble institution’’ means an institution of higher edu7 cation, a research institution, or a nonprofit organi8 zation— 

9 (A) that has demonstrated excellence in re10 searching and developing new and emerging 

11 stormwater control infrastructure technologies; 

12 and 

13 (B) with respect to a nonprofit organiza14 tion, the core mission of which includes water 

15 management, as determined by the Adminis16 trator. 

17 (b) CENTERS OF EXCELLENCE FOR STORMWATER

18 CONTROL INFRASTRUCTURE TECHNOLOGIES.— 

19 (1) ESTABLISHMENT OF CENTERS.— 

20 (A) IN GENERAL.—Subject to the avail21 ability of appropriations, the Administrator 

22 shall provide grants, on a competitive basis, to 

23 eligible institutions to establish and maintain 

24 not less than 3, and not more than 5, centers 

25 of excellence for new and emerging stormwater 
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1 control infrastructure technologies, to be lo2 cated in various regions throughout the United 

3 States. 

4 (B) GENERAL OPERATION.—Each center 

5 shall— 

6 (i) conduct research on new and 

7 emerging stormwater control infrastructure 

8 technologies that are relevant to the geo9 graphical region in which the center is lo10 cated, including stormwater and sewer 

11 overflow reduction, other approaches to 

12 water resource enhancement, alternative 

13 funding approaches, and other environ14 mental, economic, and social benefits, with 

15 the goal of improving the effectiveness, 

16 cost efficiency, and protection of public 

17 safety and water quality; 

18 (ii) maintain a listing of— 

19 (I) stormwater control infrastruc20 ture needs; and 

21 (II) an analysis of new and 

22 emerging stormwater control infra23 structure technologies that are avail24 able; 
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1 (iii) analyze whether additional finan2 cial programs for the implementation of 

3 new and emerging, but proven, stormwater 

4 control infrastructure technologies would 

5 be useful; 

6 (iv) provide information regarding re7 search conducted under clause (i) to the 

8 national electronic clearinghouse center for 

9 publication on the Internet website estab10 lished under paragraph (3)(B)(i) to pro11 vide to the Federal Government and State, 

12 Tribal, and local governments and the pri13 vate sector information regarding new and 

14 emerging, but proven, stormwater control 

15 infrastructure technologies; 

16 (v) provide technical assistance to 

17 State, Tribal, and local governments to as18 sist with the design, construction, oper19 ation, and maintenance of stormwater con20 trol infrastructure projects that use inno21 vative technologies; 

22 (vi) collaborate with institutions of 

23 higher education and private and public or24 ganizations, including community-based 

25 public-private partnerships and other 
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1 stakeholders, in the geographical region in 

2 which the center is located; and 

3 (vii) coordinate with the other centers 

4 to avoid duplication of efforts. 

5 (2) APPLICATION.—To be eligible to receive a 

6 grant under this subsection, an eligible institution 

7 shall prepare and submit to the Administrator an 

8 application at such time, in such form, and con9 taining such information as the Administrator may 

10 require. 

11 (3) NATIONAL ELECTRONIC CLEARINGHOUSE

12 CENTER.—Of the centers established under para13 graph (1)(A), 1 shall— 

14 (A) be designated as the ‘‘national elec15 tronic clearinghouse center’’; and 

16 (B) in addition to the other functions of 

17 that center— 

18 (i) develop, operate, and maintain an 

19 Internet website and a public database 

20 that contains information relating to new 

21 and emerging, but proven, stormwater con22 trol infrastructure technologies; and 

23 (ii) post to the website information 

24 from all centers. 

25 (4) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (A) IN GENERAL.—There is authorized to 

2 be appropriated to carry out this subsection 

3 $5,000,000 for each of fiscal years 2022 

4 through 2026. 

5 (B) LIMITATION ON USE OF FUNDS.—Of 

6 the amounts made available for grants under 

7 subparagraph (A), not more than 2 percent 

8 may be used to pay the administrative costs of 

9 the Administrator. 

10 (c) STORMWATER CONTROL INFRASTRUCTURE

11 PROJECT GRANTS.— 

12 (1) GRANT AUTHORITY.—Subject to the avail13 ability of appropriations, the Administrator shall 

14 provide grants, on a competitive basis, to eligible en15 tities to carry out stormwater control infrastructure 

16 projects that incorporate new and emerging, but 

17 proven, stormwater control technologies in accord18 ance with this subsection. 

19 (2) STORMWATER CONTROL INFRASTRUCTURE

20 PROJECTS.— 

21 (A) PLANNING AND DEVELOPMENT

22 GRANTS.—The Administrator may make plan23 ning and development grants under this sub24 section for the following projects: 
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1 (i) Planning and designing 

2 stormwater control infrastructure projects 

3 that incorporate new and emerging, but 

4 proven, stormwater control technologies, 

5 including engineering surveys, landscape 

6 plans, maps, long-term operations and 

7 maintenance plans, and implementation 

8 plans. 

9 (ii) Identifying and developing stand10 ards necessary to accommodate stormwater 

11 control infrastructure projects, including 

12 those projects that incorporate new and 

13 emerging, but proven, stormwater control 

14 technologies. 

15 (iii) Identifying and developing fee 

16 structures to provide financial support for 

17 design, installation, and operations and 

18 maintenance of stormwater control infra19 structure, including new and emerging, but 

20 proven, stormwater control infrastructure 

21 technologies. 

22 (iv) Developing approaches for com23 munity-based public-private partnerships 

24 for the financing and construction of 

25 stormwater control infrastructure tech-
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1 nologies, including feasibility studies, 

2 stakeholder outreach, and needs assess3 ments. 

4 (v) Developing and delivering training 

5 and educational materials regarding new 

6 and emerging, but proven, stormwater con7 trol infrastructure technologies for dis8 tribution to— 

9 (I) individuals and entities with 

10 applicable technical knowledge; and 

11 (II) the public. 

12 (B) IMPLEMENTATION GRANTS.—The Ad13 ministrator may make implementation grants 

14 under this subsection for the following projects: 

15 (i) Installing new and emerging, but 

16 proven, stormwater control infrastructure 

17 technologies. 

18 (ii) Protecting or restoring inter19 connected networks of natural areas that 

20 protect water quality. 

21 (iii) Monitoring and evaluating the en22 vironmental, economic, or social benefits of 

23 stormwater control infrastructure tech24 nologies that incorporate new and emerg-
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1 ing, but proven, stormwater control tech2 nology. 

3 (iv) Implementing a best practices 

4 standard for stormwater control infrastruc5 ture programs. 

6 (3) APPLICATION.—Except as otherwise pro7 vided in this section, to be eligible to receive a grant 

8 under this subsection, an eligible entity shall prepare 

9 and submit to the Administrator an application at 

10 such time, in such form, and containing such infor11 mation as the Administrator may require, including, 

12 as applicable— 

13 (A) a description of the stormwater control 

14 infrastructure project that incorporates new 

15 and emerging, but proven, technologies; 

16 (B) a plan for monitoring the impacts and 

17 pollutant load reductions associated with the 

18 stormwater control infrastructure project on the 

19 water quality and quantity; 

20 (C) an evaluation of other environmental, 

21 economic, and social benefits of the stormwater 

22 control infrastructure project; and 

23 (D) a plan for the long-term operation and 

24 maintenance of the stormwater control infra-
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1 structure project and a tracking system, such 

2 as asset management practices. 

3 (4) PRIORITY.—In making grants under this 

4 subsection, the Administrator shall give priority to 

5 applications submitted on behalf of— 

6 (A) a community that— 

7 (i) has municipal combined storm and 

8 sanitary sewers in the collection system of 

9 the community; or 

10 (ii) is a small, rural, or disadvantaged 

11 community, as determined by the Adminis12 trator; or 

13 (B) an eligible entity that will use not less 

14 than 15 percent of the grant to provide service 

15 to a small, rural, or disadvantaged community, 

16 as determined by the Administrator. 

17 (5) MAXIMUM AMOUNTS.— 

18 (A) PLANNING AND DEVELOPMENT

19 GRANTS.— 

20 (i) SINGLE GRANT.—The amount of a 

21 single planning and development grant 

22 provided under this subsection shall be not 

23 more than $200,000. 

24 (ii) AGGREGATE AMOUNT.—The total 

25 amount of all planning and development 
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1 grants provided under this subsection for a 

fiscal year shall be not more than 1 2 ⁄3 of the 

3 total amount made available to carry out 

4 this subsection. 

5 (B) IMPLEMENTATION GRANTS.— 

6 (i) SINGLE GRANT.—The amount of a 

7 single implementation grant provided 

8 under this subsection shall be not more 

9 than $2,000,000. 

10 (ii) AGGREGATE AMOUNT.—The total 

11 amount of all implementation grants pro12 vided under this subsection for a fiscal 

year shall be not more than 2 13 ⁄3 of the total 

14 amount made available to carry out this 

15 subsection. 

16 (6) FEDERAL SHARE.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (C), the Federal share of a grant 

19 provided under this subsection shall not exceed 

20 80 percent of the total project cost. 

21 (B) CREDIT FOR IMPLEMENTATION

22 GRANTS.—The Administrator shall credit to23 ward the non-Federal share of the cost of an 

24 implementation project carried out under this 

25 subsection the cost of planning, design, and 
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1 construction work completed for the project 

2 using funds other than funds provided under 

3 this section. 

4 (C) EXCEPTION.—The Administrator may 

5 waive the Federal share limitation under sub6 paragraph (A) for an eligible entity that has 

7 adequately demonstrated financial need. 

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

9 after the date on which the Administrator first awards a 

10 grant under this section, the Administrator shall submit 

11 to Congress a report that includes, with respect to the pe12 riod covered by the report— 

13 (1) a description of all grants provided under 

14 this section; 

15 (2) a detailed description of— 

16 (A) the projects supported by those grants; 

17 and 

18 (B) the outcomes of those projects; 

19 (3) a description of the improvements in tech20 nology, environmental benefits, resources conserved, 

21 efficiencies, and other benefits of the projects funded 

22 under this section; 

23 (4) recommendations for improvements to pro24 mote and support new and emerging, but proven, 

25 stormwater control infrastructure, including research 
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1 into new and emerging technologies, for the centers, 

2 grants, and activities under this section; and 

3 (5) a description of existing challenges con4 cerning the use of new and emerging, but proven, 

5 stormwater control infrastructure. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.— 

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

8 appropriated to carry out this section (except for 

9 subsection (b)) $10,000,000 for each of fiscal years 

10 2022 through 2026. 

11 (2) LIMITATION ON USE OF FUNDS.—Of the 

12 amounts made available for grants under paragraph 

13 (1), not more than 2 percent may be used to pay the 

14 administrative costs of the Administrator. 

15 SEC. 218. WATER REUSE INTERAGENCY WORKING GROUP. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 date of enactment of this Act, the Administrator shall es18 tablish a Water Reuse Interagency Working Group (re19 ferred to in this section as the ‘‘Working Group’’). 

20 (b) PURPOSE.—The purpose of the Working Group 

21 is to develop and coordinate actions, tools, and resources 

22 to advance water reuse across the United States, including 

23 through the implementation of the February 2020 Na24 tional Water Reuse Action Plan, which creates opportuni25 ties for water reuse in the mission areas of each of the 
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1 Federal agencies included in the Working Group under 

2 subsection (c) (referred to in this section as the ‘‘Action 

3 Plan’’). 

4 (c) CHAIRPERSON; MEMBERSHIP.—The Working 

5 Group shall be— 

6 (1) chaired by the Administrator; and 

7 (2) comprised of senior representatives from 

8 such Federal agencies as the Administrator deter9 mines to be appropriate. 

10 (d) DUTIES OF THE WORKING GROUP.—In carrying 

11 out this section, the Working Group shall— 

12 (1) with respect to water reuse, leverage the ex13 pertise of industry, the research community, non14 governmental organizations, and government; 

15 (2) seek to foster water reuse as an important 

16 component of integrated water resources manage17 ment; 

18 (3) conduct an assessment of new opportunities 

19 to advance water reuse and annually update the Ac20 tion Plan with new actions, as necessary, to pursue 

21 those opportunities; 

22 (4) seek to coordinate Federal programs and 

23 policies to support the adoption of water reuse; 

24 (5) consider how each Federal agency can ex25 plore and identify opportunities to support water 
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1 reuse through the programs and activities of that 

2 Federal agency; and 

3 (6) consult, on a regular basis, with representa4 tives of relevant industries, the research community, 

5 and nongovernmental organizations. 

6 (e) REPORT.—Not less frequently than once every 2 

7 years, the Administrator shall submit to Congress a report 

8 on the activities and findings of the Working Group. 

9 (f) SUNSET.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the Working Group shall terminate on the date that 

12 is 6 years after the date of enactment of this Act. 

13 (2) EXTENSION.—The Administrator may ex14 tend the date of termination of the Working Group 

15 under paragraph (1). 

16 SEC. 219. ADVANCED CLEAN WATER TECHNOLOGIES 

17 STUDY. 

18 (a) IN GENERAL.—Subject to the availability of ap19 propriations, not later than 2 years after the date of enact20 ment of this Act, the Administrator shall carry out a study 

21 that examines the state of existing and potential future 

22 technology, including technology that could address cyber23 security vulnerabilities, that enhances or could enhance 

24 the treatment, monitoring, affordability, efficiency, and 

25 safety of wastewater services provided by a treatment 
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1 works (as defined in section 212 of the Federal Water Pol2 lution Control Act (33 U.S.C. 1292)). 

3 (b) REPORT.—The Administrator shall submit to the 

4 Committee on Environment and Public Works of the Sen5 ate and the Committee on Energy and Commerce of the 

6 House of Representatives a report that describes the re7 sults of the study under subsection (a). 

8 SEC. 220. CLEAN WATERSHEDS NEEDS SURVEY. 

9 Title VI of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1381 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY. 

13 ‘‘(a) REQUIREMENT.—Not later than 2 years after 

14 the date of enactment of the Drinking Water and Waste15 water Infrastructure Act of 2021, and not less frequently 

16 than once every 4 years thereafter, the Administrator 

17 shall— 

18 ‘‘(1) conduct and complete an assessment of 

19 capital improvement needs for all projects that are 

20 eligible under section 603(c) for assistance from 

21 State water pollution control revolving funds; and 

22 ‘‘(2) submit to Congress a report describing the 

23 results of the assessment completed under para24 graph (1). 
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out the initial 

3 needs survey under subsection (a) $5,000,000, to remain 

4 available until expended.’’. 

5 SEC. 221. WATER RESOURCES RESEARCH ACT AMEND6 MENTS. 

7 (a) CLARIFICATION OF RESEARCH ACTIVITIES.—Sec8 tion 104(b)(1) of the Water Resources Research Act of 

9 1984 (42 U.S.C. 10303(b)(1)) is amended— 

10 (1) in subparagraph (B)(ii), by striking ‘‘water11 related phenomena’’ and inserting ‘‘water re12 sources’’; and 

13 (2) in subparagraph (D), by striking the period 

14 at the end and inserting ‘‘; and’’. 

15 (b) COMPLIANCE REPORT.—Section 104 of the 

16 Water Resources Research Act of 1984 (42 U.S.C. 10303) 

17 is amended by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) GRANTS.— 

20 ‘‘(1) IN GENERAL.—From the sums appro21 priated pursuant to subsection (f), the Secretary 

22 shall make grants to each institute to be matched on 

23 a basis of no less than 1 non-Federal dollar for 

24 every 1 Federal dollar. 
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1 ‘‘(2) REPORT.—Not later than December 31 of 

2 each fiscal year, the Secretary shall submit to the 

3 Committee on Environment and Public Works of the 

4 Senate, the Committee on the Budget of the Senate, 

5 the Committee on Transportation and Infrastructure 

6 of the House of Representatives, and the Committee 

7 on the Budget of the House of Representatives a re8 port regarding the compliance of each funding re9 cipient with this subsection for the immediately pre10 ceding fiscal year.’’. 

11 (c) EVALUATION OF WATER RESOURCES RESEARCH

12 PROGRAM.—Section 104 of the Water Resources Research 

13 Act of 1984 (42 U.S.C. 10303) is amended by striking 

14 subsection (e) and inserting the following: 

15 ‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH

16 PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall con18 duct a careful and detailed evaluation of each insti19 tute at least once every 5 years to determine— 

20 ‘‘(A) the quality and relevance of the water 

21 resources research of the institute; 

22 ‘‘(B) the effectiveness of the institute at 

23 producing measured results and applied water 

24 supply research; and 
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1 ‘‘(C) whether the effectiveness of the insti2 tute as an institution for planning, conducting, 

3 and arranging for research warrants continued 

4 support under this section. 

5 ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, 

6 as a result of an evaluation under paragraph (1), the 

7 Secretary determines that an institute does not qual8 ify for further support under this section, no further 

9 grants to the institute may be provided until the 

10 qualifications of the institute are reestablished to the 

11 satisfaction of the Secretary.’’. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 104(f)(1) of the Water Resources Research Act of 1984 

14 (42 U.S.C. 10303(f)(1)) is amended by striking ‘‘fiscal 

15 years 2007 through 2011’’ and inserting ‘‘fiscal years 

16 2022 through 2025’’. 

17 (e) ADDITIONAL APPROPRIATIONS WHERE RE18 SEARCH FOCUSED ON WATER PROBLEMS OF INTERSTATE

19 NATURE.—Section 104(g)(1) of the Water Resources Re20 search Act of 1984 (42 U.S.C. 10303(g)(1)) is amended 

21 in the first sentence by striking ‘‘$6,000,000 for each of 

22 fiscal years 2007 through 2011’’ and inserting 

23 ‘‘$3,000,000 for each of fiscal years 2022 through 2025’’. 
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1 SEC. 222. ENHANCED AQUIFER USE AND RECHARGE. 

2 Title I of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 124. ENHANCED AQUIFER USE AND RECHARGE. 

6 ‘‘(a) IN GENERAL.—Subject to the availability of ap7 propriations, the Administrator shall provide funding to 

8 carry out groundwater research on enhanced aquifer use 

9 and recharge in support of sole-source aquifers, of 

10 which— 

11 ‘‘(1) not less than 50 percent shall be used to 

12 provide 1 grant to a State, unit of local government, 

13 or Indian Tribe to carry out activities that would di14 rectly support that research; and 

15 ‘‘(2) the remainder shall be provided to 1 ap16 propriate research center. 

17 ‘‘(b) COORDINATION.—As a condition of accepting 

18 funds under subsection (a), the State, unit of local govern19 ment, or Indian Tribe and the appropriate research center 

20 that receive funds under that subsection shall establish a 

21 formal research relationship for the purpose of coordi22 nating efforts under this section. 

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

24 is authorized to be appropriated to the Administrator to 
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1 carry out this section $5,000,000 for each of fiscal years 

2 2022 through 2026.’’. 

Passed the Senate April 29, 2021. 

Attest: 

Secretary. 
117TH CONGRESS 

1ST SESSION S. 914 

AN ACT 

To amend the Safe Drinking Water Act and the 

purposes. ize programs under those Acts, and for other Federal Water Pollution Control Act to reauthor-