I 

115TH CONGRESS 

2D SESSION H. R. 5596 

To authorize the Administrator of the Environmental Protection Agency to 

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

systems to increase resiliency or adaptability of the systems to any 

ongoing or forecasted changes to the hydrologic conditions of a region 

of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2018 

Mr. CARBAJAL (for himself and Mr. REED) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and 

Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

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

to owners or operators of water systems to increase 

resiliency or adaptability of the systems to any ongoing 

or forecasted changes to the hydrologic conditions of 

a region of the United States. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Resiliency and Sustainability Act of 2018’’. 

4 SEC. 2. WATER INFRASTRUCTURE RESILIENCY AND SUS5 TAINABILITY. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) HYDROLOGIC CONDITIONS.—The term ‘‘hy11 drologic conditions’’ means the quality, quantity, or 

12 reliability of the water resources of a region of the 

13 United States. 

14 (3) OWNER OR OPERATOR OF A WATER SYS15 TEM.— 

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

17 operator of a water system’’ means an entity 

18 (including a regional, State, interstate, Tribal, 

19 local, municipal, intermunicipal, or private enti20 ty) that owns or operates a water system. 

21 (B) INCLUSION.—The term ‘‘owner or op22 erator of a water system’’ includes— 

23 (i) a non-Federal entity that has oper24 ational responsibilities for a federally, trib25 ally, or State-owned water system; and 


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1 (ii) an entity established by an agree2 ment between— 

3 (I) an entity that owns or oper4 ates a water system; and 

5 (II) at least one other entity. 

6 (4) WATER SYSTEM.—The term ‘‘water sys7 tem’’ means— 

8 (A) a community water system (as defined 

9 in section 1401 of the Safe Drinking Water Act 

10 (42 U.S.C. 300f)); 

11 (B) a treatment works (as defined in sec12 tion 212 of the Federal Water Pollution Control 

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

14 separate storm sewer system (as such term is 

15 used in the Federal Water Pollution Control 

16 Act (33 U.S.C. 1251 et seq.)); 

17 (C) a decentralized wastewater treatment 

18 system for domestic sewage; 

19 (D) a groundwater storage and replenish20 ment system; 

21 (E) a system for conservation of water or 

22 for transport and delivery of water for irriga23 tion; or 

24 (F) a natural or engineered system that 

25 manages floodwaters. 


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1 (b) PROGRAM.—The Administrator shall establish 

2 and implement a program, to be known as the Water In3 frastructure Resiliency and Sustainability Program, under 

4 which the Administrator awards grants in each of fiscal 

5 years 2018 through 2022 to owners or operators of water 

6 systems for the purpose of increasing the resiliency or 

7 adaptability of the systems to any ongoing or forecasted 

8 changes (based on the best available research and data) 

9 to the hydrologic conditions of a region of the United 

10 States. 

11 (c) USE OF FUNDS.—As a condition on receipt of a 

12 grant under this section, an owner or operator of a water 

13 system shall agree to use the grant funds exclusively to 

14 assist in the planning, design, construction, implementa15 tion, operation, or maintenance of a program or project 

16 that meets the purpose described in subsection (b) by— 

17 (1) conserving water or enhancing water use ef18 ficiency, including through the use of water metering 

19 and electronic sensing and control systems to meas20 ure the effectiveness of a water efficiency program; 

21 (2) modifying or relocating existing water sys22 tem infrastructure made or projected to be signifi23 cantly impaired by changing hydrologic conditions; 

24 (3) preserving or improving water quality, in25 cluding through measures to manage, reduce, treat, 


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1 or reuse municipal stormwater, wastewater, or 

2 drinking water; 

3 (4) investigating, designing, or constructing 

4 groundwater remediation, recycled water, or desali5 nation facilities or systems to serve existing commu6 nities; 

7 (5) enhancing water management by increasing 

8 watershed preservation and protection, including 

9 through the use of natural or engineered green in10 frastructure in the management, conveyance, or 

11 treatment of water, wastewater, or stormwater; 

12 (6) enhancing energy efficiency or the use and 

13 generation of renewable energy in the management, 

14 conveyance, or treatment of water, wastewater, or 

15 stormwater; 

16 (7) supporting the adoption and use of ad17 vanced water treatment, water supply management 

18 (such as reservoir reoperation and water banking), 

19 or water demand management technologies, projects, 

20 or processes (such as water reuse and recycling, 

21 adaptive conservation pricing, and groundwater 

22 banking) that maintain or increase water supply or 

23 improve water quality; 

24 (8) modifying or replacing existing systems or 

25 constructing new systems for existing communities 


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1 or land currently in agricultural production to im2 prove water supply, reliability, storage, or convey3 ance; 

4 (9) supporting practices and projects, such as 

5 improved irrigation systems, water banking and 

6 other forms of water transactions, groundwater re7 charge, stormwater capture, groundwater conjunc8 tive use, and reuse or recycling of drainage water, 

9 to improve water quality or promote more efficient 

10 water use on land currently in agricultural produc11 tion; 

12 (10) reducing flood damage, risk, and vulner13 ability by— 

14 (A) restoring floodplains, wetlands, and 

15 uplands integral to flood management, protec16 tion, prevention, and response; 

17 (B) modifying levees, floodwalls, and other 

18 structures to reduce risks associated with rising 

19 sea levels or to facilitate reconnection of rivers 

20 to floodplains, reduce flood stage height, and 

21 reduce damage to properties and populations; 

22 (C) providing for acquisition and easement 

23 of flood-prone lands and properties in order to 

24 reduce damage to property and risk to popu25 lations; or 


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1 (D) promoting land use planning that pre2 vents future floodplain development; 

3 (11) carrying out studies or assessments to 

4 project how changing hydrologic conditions may im5 pact the future operations and sustainability of 

6 water systems; or 

7 (12) developing and implementing measures to 

8 increase the resilience of water systems and regional 

9 and hydrological basins to rapid hydrologic change 

10 or a natural disaster. 

11 (d) APPLICATION.—To seek a grant under this sec12 tion, the owner or operator of a water system shall submit 

13 to the Administrator an application that— 

14 (1) includes a proposal of the program or 

15 project to be planned, designed, constructed, imple16 mented, operated, or maintained by the water sys17 tem; 

18 (2) cites the best available research or data that 

19 demonstrate— 

20 (A) the risk to the water resources or in21 frastructure of the water system as a result of 

22 ongoing or forecasted changes to the 

23 hydrological system of a region, including rising 

24 sea levels and changes in precipitation patterns; 

25 and 


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1 (B) how the proposed program or project 

2 would perform under the anticipated hydrologic 

3 conditions; and 

4 (3) explains how the proposed program or 

5 project is expected— 

6 (A) to enhance the resiliency of the water 

7 system to the anticipated hydrologic conditions; 

8 or 

9 (B) to increase efficiency in the use of en10 ergy or water of the water system. 

11 (e) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.— 

12 (1) IN GENERAL.—If an applicant for a grant 

13 under this section is not a State or local govern14 ment, an agency or instrumentality of a State or 

15 local government, or a Tribal government or consor16 tium of Tribal governments, the program or project 

17 to be planned, designed, constructed, implemented, 

18 operated, or maintained through the grant shall be 

19 publicly sponsored. 

20 (2) PUBLIC SPONSORSHIP.—For purposes of 

21 this subsection, a program or project shall be consid22 ered to be publicly sponsored if the grantee dem23 onstrates, to the satisfaction of the Administrator, 

24 that— 


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1 (A) the grantee has consulted with the af2 fected State, local, or tribal government in 

3 which the program or project is located, or that 

4 is otherwise affected by the program or project; 

5 and 

6 (B) such government supports the program 

7 or project. 

8 (f) PRIORITY; DIVERSITY OF PROJECT TYPES.—In 

9 selecting grantees under this section, the Administrator 

10 shall— 

11 (1) give priority to owners or operators of water 

12 systems— 

13 (A) that are, based on the best available 

14 research and data, at the greatest and most im15 mediate risk of facing significant negative im16 pacts due to changing hydrologic conditions; 

17 and 

18 (B) whose proposed projects would most 

19 effectively deliver long-term solutions to those 

20 risks; and 

21 (2) ensure that grants are awarded each fiscal 

22 year for a diverse range of programs and projects 

23 described in paragraphs (1) through (12) of sub24 section (c). 

25 (g) COST-SHARING.— 


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

2 any program or project that is the subject of a grant 

3 awarded by the Administrator to the owner or oper4 ator of a water system under subsection (b) paid 

5 through funds distributed under this section shall 

6 not exceed 75 percent of the cost of the program or 

7 project. 

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

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

10 a program or project proposed by a water system in 

11 an application submitted under subsection (d), the 

12 Administrator shall— 

13 (A) include the value of any in-kind serv14 ices that are integral to the completion of the 

15 program or project, including reasonable admin16 istrative and overhead costs; and 

17 (B) not include any other amount that the 

18 water system involved receives from the Federal 

19 Government. 

20 (h) REPORT TO CONGRESS.—Not later than 3 years 

21 after the date of the enactment of this Act, and every 3 

22 years thereafter, the Administrator shall submit to the 

23 Congress a report on progress in implementing this sec24 tion, including information on project applications received 

25 and funded annually. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $50,000,000 for each of fiscal years 2018 through 2022. 

Æ 


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