I 

113TH CONGRESS 

2D SESSION H. R. 5150 

To establish a WaterSense program within the Environmental Protection 

Agency. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 17, 2014 

Mr. MCNERNEY introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Transportation and Infrastructure 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 establish a WaterSense program within the 

Environmental Protection Agency. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘WaterSense Efficiency, 

5 Conservation, and Adaptation Act of 2014’’. 

6 SEC. 2. WATER EFFICIENCY, CONSERVATION, AND ADAPTA7 TION. 

8 (a) FINDINGS.—Congress finds that— 


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1 (1)(A) human-induced climate change is affect2 ing the natural water cycle, decreasing precipitation 

3 levels in the West, especially the Southwest, and 

4 making droughts and floods more frequent and more 

5 intense; 

6 (B) declining precipitation levels will severely 

7 impact water supplies in Southwestern States; and 

8 (C) a sharp increase in the number of days with 

9 very heavy precipitation throughout the Northeast 

10 and the Midwest will stress aging water infrastruc11 ture; 

12 (2) changes in the water cycle caused by cli13 mate disruptions will adversely affect water infra14 structure, energy production and use, human health, 

15 transportation, agriculture, and ecosystems, while 

16 also aggravating water disputes across the United 

17 States; 

18 (3)(A) the Colorado River, which supplies water 

19 for more than 30,000,000 people, is experiencing the 

20 worst drought in more than 100 years of record21 keeping; and 

22 (B) the primary reservoirs of the Colorado 

23 River Basin and Lakes Mead and Powell have lost 

24 nearly half of the storage waters of the reservoirs 

25 and lakes, and clean hydropower generated from 


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1 Hoover Dam risks reduction if the extended drought 

2 persists; 

3 (4) States and local governments and water 

4 utilities can begin to address the challenges de5 scribed in this subsection by providing incentives for 

6 water efficiency and conservation, while also plan7 ning and investing in infrastructure to adapt to the 

8 impacts of climate change, particularly those im9 pacts already affecting the United States; 

10 (5) residential water demand can be reduced by 

11 25 to 40 percent using existing, cost-effective tech12 nologies that also can reduce the water bills of con13 sumers by hundreds of dollars per year; and 

14 (6) water and energy use are inseparable activi15 ties, and supplying and treating water consumes 

16 around 4 percent of the electricity of the United 

17 States, and electricity makes up 75 percent of the 

18 cost of processing and delivering municipal water. 

19 (b) DEFINITION OF ADMINISTRATOR.—In this Act, 

20 the term ‘‘Administrator’’ means the Administrator of the 

21 Environmental Protection Agency. 

22 (c) WATERSENSE.— 

23 (1) IN GENERAL.—There is established within 

24 the Environmental Protection Agency a WaterSense 

25 program to identify and promote water efficient 


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1 products, buildings, landscapes, facilities, processes, 

2 and services so as— 

3 (A) to reduce water use; 

4 (B) to reduce the strain on water, waste5 water, and stormwater infrastructure; 

6 (C) to conserve energy used to pump, heat, 

7 transport, and treat water; and 

8 (D) to preserve water resources for future 

9 generations, through voluntary labeling of, or 

10 other forms of communications about, products, 

11 buildings, landscapes, facilities, processes, and 

12 services that meet the highest water efficiency 

13 and performance criteria. 

14 (2) DUTIES.—The Administrator shall— 

15 (A) establish— 

16 (i) a WaterSense label to be used for 

17 certain items; and 

18 (ii) the procedure by which an item 

19 may be certified to display the WaterSense 

20 label; 

21 (B) promote WaterSense-labeled products, 

22 buildings, landscapes, facilities, processes, and 

23 services in the market place as the preferred 

24 technologies and services for— 

25 (i) reducing water use; and 


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1 (ii) ensuring product and service per2 formance; 

3 (C) work to enhance public awareness of 

4 the WaterSense label through public outreach, 

5 education, and other means; 

6 (D) preserve the integrity of the 

7 WaterSense label by— 

8 (i) establishing and maintaining per9 formance criteria so that products, build10 ings, landscapes, facilities, processes, and 

11 services labeled with the WaterSense label 

12 perform as well or better than less water13 efficient counterparts; 

14 (ii) overseeing WaterSense certifi15 cations made by third parties; 

16 (iii) conducting reviews of the use of 

17 the WaterSense label in the marketplace 

18 and taking corrective action in any case in 

19 which misuse of the label is identified; and 

20 (iv) carrying out such other measures 

21 as the Administrator determines to be ap22 propriate; 

23 (E) regularly review and, if appropriate, 

24 update WaterSense criteria for categories of 


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1 products, buildings, landscapes, facilities, proc2 esses, and services, at least once every 4 years; 

3 (F) to the maximum extent practicable, 

4 regularly estimate and make available to the 

5 public the production and relative market 

6 shares of, and the savings of water, energy, and 

7 capital costs of water, wastewater, and 

8 stormwater infrastructure attributable to the 

9 use of WaterSense-labeled products, buildings, 

10 landscapes, facilities, processes, and services, at 

11 least annually; 

12 (G) solicit comments from interested par13 ties and the public prior to establishing or re14 vising a WaterSense category, specification, in15 stallation criterion, or other criterion (or prior 

16 to effective dates for any such category, speci17 fication, installation criterion, or other cri18 terion); 

19 (H) provide reasonable notice to interested 

20 parties and the public of any changes (including 

21 effective dates), on the adoption of a new or re22 vised category, specification, installation cri23 terion, or other criterion, along with— 

24 (i) an explanation of the changes; and 


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1 (ii) as appropriate, responses to com2 ments submitted by interested parties and 

3 the public; 

4 (I) provide appropriate lead time (as deter5 mined by the Administrator) prior to the appli6 cable effective date for a new or significant revi7 sion to a category, specification, installation cri8 terion, or other criterion, taking into account 

9 the timing requirements of the manufacturing, 

10 marketing, training, and distribution process 

11 for the specific product, building and landscape, 

12 or service category addressed; 

13 (J) identify and, if appropriate, implement 

14 other voluntary approaches in commercial, insti15 tutional, residential, industrial, and municipal 

16 sectors to encourage recycling and reuse tech17 nologies to improve water efficiency or lower 

18 water use; and 

19 (K) if appropriate, apply the WaterSense 

20 label to water-using products that are labeled 

21 by the Energy Star program implemented by 

22 the Administrator and the Secretary of Energy. 

23 (3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to carry out 

25 this subsection— 


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1 (A) $7,500,000 for fiscal year 2015; 

2 (B) $10,000,000 for fiscal year 2016; 

3 (C) $20,000,000 for fiscal year 2017; 

4 (D) $50,000,000 for fiscal year 2018; and 

5 (E) for each subsequent fiscal year, the ap6 plicable amount for the preceding fiscal year, as 

7 adjusted to reflect changes for the 12-month 

8 period ending the preceding November 30 in 

9 the Consumer Price Index for All Urban Con10 sumers published by the Bureau of Labor Sta11 tistics of the Department of Labor. 

12 (d) STATE RESIDENTIAL WATER EFFICIENCY AND

13 CONSERVATION INCENTIVES PROGRAM.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) ELIGIBLE ENTITY.—The term ‘‘eligible 

16 entity’’ means a State government, local or 

17 county government, tribal government, waste18 water or sewerage utility, municipal water au19 thority, energy utility, water utility, or non20 profit organization that meets the requirements 

21 of paragraph (2). 

22 (B) INCENTIVE PROGRAM.—The term ‘‘in23 centive program’’ means a program for admin24 istering financial incentives for consumer pur25 chase and installation of water-efficient prodVerDate Mar 15 2010 03:56 Jul 22, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5150.IH H5150

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1 ucts, buildings (including new water-efficient 

2 homes), landscapes, processes, or services de3 scribed in paragraph (2)(A). 

4 (C) RESIDENTIAL WATER-EFFICIENT

5 PRODUCT, BUILDING, LANDSCAPE, PROCESS, OR

6 SERVICE.— 

7 (i) IN GENERAL.—The term ‘‘residen8 tial water-efficient product, building, land9 scape, process, or service’’ means a prod10 uct, building, landscape, process, or service 

11 for a residence or its landscape that is 

12 rated for water efficiency and perform13 ance— 

14 (I) by the WaterSense program; 

15 or 

16 (II) if a WaterSense specification 

17 does not exist, by the Energy Star 

18 program or an incentive program ap19 proved by the Administrator. 

20 (ii) INCLUSIONS.—The term ‘‘residen21 tial water-efficient product, building, land22 scape, process, or service’’ includes— 

23 (I) faucets; 

24 (II) irrigation technologies and 

25 services; 


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1 (III) point-of-use water treat2 ment devices; 

3 (IV) reuse and recycling tech4 nologies; 

5 (V) toilets; 

6 (VI) clothes washers; 

7 (VII) dishwashers; 

8 (VIII) showerheads; 

9 (IX) xeriscaping and other land10 scape conversions that replace irri11 gated turf; and 

12 (X) new water-efficient homes 

13 certified under the WaterSense pro14 gram. 

15 (D) WATERSENSE PROGRAM.—The term 

16 ‘‘WaterSense program’’ means the program es17 tablished by subsection (c). 

18 (2) ELIGIBLE ENTITIES.—An entity shall be eli19 gible to receive an allocation under paragraph (3) if 

20 the entity— 

21 (A) establishes (or has established) an in22 centive program to provide financial incentives 

23 to residential consumers for the purchase of 

24 residential water-efficient products, buildings, 

25 landscapes, processes, or services; 


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1 (B) submits an application for the alloca2 tion at such time, in such form, and containing 

3 such information as the Administrator may re4 quire; and 

5 (C) provides assurances satisfactory to the 

6 Administrator that the entity will use the allo7 cation to supplement, but not supplant, funds 

8 made available to carry out the incentive pro9 gram. 

10 (3) AMOUNT OF ALLOCATIONS.—For each fiscal 

11 year, the Administrator shall determine the amount 

12 to allocate to each eligible entity to carry out para13 graph (4), taking into consideration— 

14 (A) the population served by the eligible 

15 entity during the most recent calendar year for 

16 which data are available; 

17 (B) the targeted population of the incen18 tive program of the eligible entity, such as gen19 eral households, low-income households, or first20 time homeowners, and the probable effective21 ness of the incentive program for that popu22 lation; 

23 (C) for existing programs, the effectiveness 

24 of the program in encouraging the adoption of 


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1 water-efficient products, buildings, landscapes, 

2 facilities, processes, and services; 

3 (D) any allocation to the eligible entity for 

4 a preceding fiscal year that remains unused; 

5 and 

6 (E) the per capita water demand of the 

7 population served by the eligible entity during 

8 the most recent calendar year for which data 

9 are available and the accessibility of water sup10 plies to the eligible entity. 

11 (4) USE OF ALLOCATED FUNDS.—Funds allo12 cated to an eligible entity under paragraph (3) may 

13 be used to pay up to 50 percent of the cost of estab14 lishing and carrying out an incentive program. 

15 (5) FIXTURE RECYCLING.—Eligible entities are 

16 encouraged to promote or implement fixture recy17 cling programs to manage the disposal of older fix18 tures replaced due to the incentive program under 

19 this subsection. 

20 (6) ISSUANCE OF INCENTIVES.— 

21 (A) IN GENERAL.—Financial incentives 

22 may be provided to residential consumers that 

23 meet the requirements of the applicable incen24 tive program. 


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1 (B) MANNER OF ISSUANCE.—An eligible 

2 entity may— 

3 (i) issue all financial incentives di4 rectly to residential consumers; or 

5 (ii) with approval of the Adminis6 trator, delegate all or part of financial in7 centive administration to other organiza8 tions, including local governments, munic9 ipal water authorities, water utilities, and 

10 nonprofit organizations. 

11 (C) AMOUNT.—The amount of a financial 

12 incentive shall be determined by the eligible en13 tity, taking into consideration— 

14 (i) the amount of any Federal or 

15 State tax incentive available for the pur16 chase of the residential water-efficient 

17 product or service; 

18 (ii) the amount necessary to change 

19 consumer behavior to purchase water-effi20 cient products and services; and 

21 (iii) the consumer expenditures for on22 site preparation, assembly, and original in23 stallation of the product. 


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1 (7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Ad3 ministrator to carry out this section— 

4 (A) $100,000,000 for fiscal year 2015; 

5 (B) $150,000,000 for fiscal year 2016; 

6 (C) $200,000,000 for fiscal year 2017; 

7 (D) $150,000,000 for fiscal year 2018; 

8 (E) $100,000,000 for fiscal year 2019; and 

9 (F) for each subsequent fiscal year, the ap10 plicable amount for the preceding fiscal year, as 

11 adjusted to reflect changes for the 12-month 

12 period ending the preceding November 30 in 

13 the Consumer Price Index for All Urban Con14 sumers published by the Bureau of Labor Sta15 tistics of the Department of Labor. 

16 (e) BLUE BANK FOR WATER SYSTEM MITIGATION

17 AND ADAPTATION.— 

18 (1) DEFINITIONS.—In this subsection: 

19 (A) ABRUPT CLIMATE CHANGE.—The term 

20 ‘‘abrupt climate change’’ means a large-scale 

21 change in the climate system that— 

22 (i) takes place over a few decades or 

23 less; 

24 (ii) persists (or is anticipated to per25 sist) for at least a few decades; and 


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1 (iii) causes substantial disruptions in 

2 human and natural systems. 

3 (B) OWNER OR OPERATOR.— 

4 (i) IN GENERAL.—The term ‘‘owner 

5 or operator’’ means a person (including a 

6 regional, State, local, municipal, or private 

7 entity) that owns or operates a water sys8 tem. 

9 (ii) INCLUSION.—The term ‘‘owner or 

10 operator’’ includes a non-Federal entity 

11 that has operational responsibilities for a 

12 federally owned water system. 

13 (C) WATER SYSTEM.—The term ‘‘water 

14 system’’ means— 

15 (i) a community water system (as de16 fined in section 1401 of the Safe Drinking 

17 Water Act (42 U.S.C. 300f)); 

18 (ii) a publicly owned treatment works 

19 (as defined in section 212 of the Federal 

20 Water Pollution Control Act (33 U.S.C. 

21 1292)), including a municipal separate 

22 storm sewer system; 

23 (iii) a decentralized wastewater treat24 ment system for domestic sewage; 


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1 (iv) a groundwater storage and re2 plenishment system; or 

3 (v) a system for transport and deliv4 ery of water for irrigation or conservation. 

5 (2) GRANTS.—Beginning in fiscal year 2015, 

6 the Administrator shall make grants to owners or 

7 operators of water systems to address any ongoing 

8 or forecasted (based on the best available research 

9 and data) climate-related impact on the water qual10 ity or quantity of a region of the United States, for 

11 the purposes of mitigating or adapting to the im12 pacts of climate change. 

13 (3) ELIGIBLE USES.—In carrying out this sub14 section, the Administrator shall make grants to as15 sist in the planning, design, construction, implemen16 tation, or maintenance of any program or project to 

17 increase the resilience of a water system to climate 

18 change by— 

19 (A) conserving water or enhancing water 

20 use efficiency, including through the use of 

21 water metering to measure the effectiveness of 

22 a water efficiency program; 

23 (B) modifying or relocating existing water 

24 system infrastructure made or projected to be 

25 made inoperable by climate change impacts; 


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1 (C) preserving or improving water quality, 

2 including through measures to manage, reduce, 

3 treat, or reuse municipal stormwater, waste4 water, or drinking water; 

5 (D) investigating, designing, or con6 structing groundwater remediation, recycled 

7 water, or desalination facilities or systems; 

8 (E) enhancing water management by in9 creasing watershed preservation and protection, 

10 such as through the use of natural or engi11 neered green infrastructure in the management, 

12 conveyance, or treatment of water, wastewater, 

13 or stormwater; 

14 (F) enhancing energy efficiency or the use 

15 and generation of renewable energy in the man16 agement, conveyance, or treatment of water, 

17 wastewater, or stormwater; 

18 (G) supporting the adoption and use of ad19 vanced water treatment, water supply manage20 ment (such as reservoir reoperation), or water 

21 demand management technologies, projects, or 

22 processes (such as water reuse and recycling or 

23 adaptive conservation pricing) that maintain or 

24 increase water supply or improve water quality; 


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1 (H) modifying or replacing existing sys2 tems or constructing new systems for existing 

3 communities or land currently in agricultural 

4 production to improve water availability, stor5 age, or conveyance in a manner that— 

6 (i) promotes more efficient use of 

7 available water supplies; and 

8 (ii) does not further exacerbate 

9 stresses on ecosystems; 

10 (I) supporting practices and projects, such 

11 as improved irrigation systems, water banking 

12 and other forms of water transactions, ground13 water recharge, stormwater capture, and reuse 

14 or recycling of drainage water, to improve water 

15 quality or promote more efficient water use, in16 cluding on land currently in agricultural pro17 duction; 

18 (J) conducting and completing studies or 

19 assessments to project how climate change may 

20 impact the future operations and sustainability 

21 of water systems; or 

22 (K) developing and implementing mitiga23 tion measures to rapidly address impacts on 

24 water systems most susceptible to abrupt cli25 mate change, including those in the Colorado 


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1 River Basin and coastal regions at risk from 

2 rising sea levels. 

3 (4) APPLICATION.—To be eligible to receive a 

4 grant from the Administrator under paragraph (2), 

5 the owner or operator of a water system shall submit 

6 to the Administrator an application that— 

7 (A) includes a proposal of the program, 

8 strategy, or infrastructure improvement to be 

9 planned, designed, constructed, implemented, or 

10 maintained by the water system; 

11 (B) cites the best available research or 

12 data that demonstrates— 

13 (i) the risk to the water resources or 

14 infrastructure of the water system as a re15 sult of ongoing or forecasted changes to 

16 the hydrological system brought about by 

17 factors arising from climate change, in18 cluding rising sea levels and changes in 

19 precipitation levels; and 

20 (ii) how the proposed program, strat21 egy, or infrastructure improvement would 

22 perform under the anticipated climate con23 ditions; 

24 (C) explains how the proposed program, 

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1 pected to enhance the resiliency of the water 

2 system, including source water protection for 

3 community water systems, to these risks or re4 duce the direct or indirect greenhouse gas emis5 sions of the water system; and 

6 (D) demonstrates that the program, strat7 egy, or infrastructure improvement is— 

8 (i) consistent with any approved State 

9 and tribal climate adaptation plan; and 

10 (ii) not inconsistent with any ap11 proved natural resources plan. 

12 (5) COMPETITIVE PROCESS.— 

13 (A) IN GENERAL.—Each calendar year, the 

14 Administrator shall conduct a competitive proc15 ess to select and fund applications under this 

16 subsection. 

17 (B) PRIORITY REQUIREMENTS AND

18 WEIGHTING.—In carrying out the process, the 

19 Administrator shall— 

20 (i) prioritize funding of applications 

21 that are submitted by the owners or opera22 tors of water systems that are, based on 

23 the best available research and data, at the 

24 greatest and most immediate risk of facing 


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1 significant climate-related negative impacts 

2 on water quality or quantity; 

3 (ii) in selecting among the priority ap4 plications determined under clause (i), en5 sure that the final list of applications fund6 ed for each year includes a substantial 

7 number that, to the maximum extent prac8 ticable, includes each eligible use described 

9 in paragraph (3); 

10 (iii) solicit applications from water 

11 systems that are— 

12 (I) located in all regions of the 

13 United States; and 

14 (II) facing varying risks as a re15 sult of climate change; and 

16 (iv) provide for solicitation and con17 sideration of public input in the develop18 ment of criteria used in evaluating applica19 tions. 

20 (6) COST SHARING.— 

21 (A) FEDERAL SHARE.—The Federal share 

22 of the cost of any program, strategy, or infra23 structure improvement that is the subject of a 

24 grant awarded by the Administrator to a water 

25 system under paragraph (2) shall not exceed 50 


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1 percent of the cost of the program, strategy, 

2 and infrastructure improvement. 

3 (B) CALCULATION OF NON-FEDERAL

4 SHARE.—In calculating the non-Federal share 

5 of the cost of a program, strategy, or infra6 structure improvement proposed by a water sys7 tem through an application submitted by the 

8 water system under paragraph (4), the Admin9 istrator shall— 

10 (i) include the value of any in-kind 

11 services that are integral to the completion 

12 of the program, strategy, or infrastructure 

13 improvement, as determined by the Admin14 istrator; and 

15 (ii) not include any other amount that 

16 the water system receives from a Federal 

17 agency. 

18 (7) LABOR STANDARDS.— 

19 (A) IN GENERAL.—All laborers and me20 chanics employed on infrastructure improve21 ments funded directly by or assisted in whole or 

22 in part by this subsection shall be paid wages 

23 at rates not less than those prevailing for the 

24 same type of work on similar construction in 

25 the immediate locality, as determined by the 


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1 Secretary of Labor in accordance with sub2 chapter IV of chapter 31 of part A of subtitle 

3 II of title 40, United States Code. 

4 (B) AUTHORITY AND FUNCTIONS.—With 

5 respect to the labor standards in this para6 graph, the Secretary of Labor shall have the 

7 authority and functions set forth in Reorganiza8 tion Plan Numbered 14 of 1950 (64 Stat. 

9 1267; 5 U.S.C. App.) and section 3145 of title 

10 40, United States Code. 

11 (8) REGULATIONS.— 

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

13 after the date of enactment of this Act, the Ad14 ministrator shall promulgate final regulations to 

15 carry out this subsection. 

16 (B) SPECIAL RULE FOR THE CONSTRUC17 TION OF TREATMENT WORKS.—In carrying out 

18 this paragraph, the Administrator shall incor19 porate all relevant and appropriate require20 ments of title VI of the Federal Water Pollution 

21 Control Act (33 U.S.C. 1381 et seq.) applicable 

22 to the construction of treatment works that are 

23 carried out under this subsection. 

24 (9) REPORT TO CONGRESS.—Not later than 3 

25 years after the date of enactment of this Act, and 


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1 every 3 years thereafter, the Administrator shall 

2 submit to the Congress a report on progress in im3 plementing this subsection, including information on 

4 project applications received and funded annually. 

5 (10) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this subsection such sums as are necessary. 

Æ 


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