II 

111TH CONGRESS 

1ST SESSION S. 1005 

To amend the Federal Water Pollution Control Act and the Safe Drinking 

Water Act to improve water and wastewater infrastructure in the United 

States. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2009 

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

A BILL 

To amend the Federal Water Pollution Control Act and 

the Safe Drinking Water Act to improve water and 

wastewater infrastructure in the United States. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Water Infrastructure Financing Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Administrator. 


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TITLE I—WATER POLLUTION INFRASTRUCTURE 

Sec. 101. Technical assistance for rural small treatment works and medium 

treatment works. 

Sec. 102. Projects eligible for assistance. 

Sec. 103. Affordability. 

Sec. 104. Water pollution control revolving loan funds. 

Sec. 105. Transferability of funds. 

Sec. 106. Noncompliance. 

Sec. 107. Negotiation of contracts. 

Sec. 108. Allotment of funds. 

Sec. 109. Authorization of appropriations. 

Sec. 110. Sewer overflow control grants. 

Sec. 111. Critical water infrastructure projects. 

TITLE II—SAFE DRINKING WATER INFRASTRUCTURE 

Sec. 201. Drinking water technical assistance for communities. 

Sec. 202. Preconstruction work. 

Sec. 203. Priority system requirements. 

Sec. 204. Affordability. 

Sec. 205. Safe drinking water revolving loan funds. 

Sec. 206. Other authorized activities. 

Sec. 207. Authorization of appropriations. 

Sec. 208. Negotiation of contracts. 

Sec. 209. Critical drinking water infrastructure projects. 

Sec. 210. Reducing lead in drinking water. 

TITLE III—MISCELLANEOUS 

Sec. 301. Definition of Academy. 

Sec. 302. Program for water quality enhancement and management. 

Sec. 303. Agricultural watershed sustainability technology grant program. 

Sec. 304. State revolving fund review process. 

Sec. 305. Cost of service study. 

Sec. 306. Effective utility management strategies. 

Sec. 307. WaterSense Program. 

1 SEC. 2. DEFINITION OF ADMINISTRATOR. 

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


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1 TITLE I—WATER POLLUTION 

2 INFRASTRUCTURE 

3 SEC. 101. TECHNICAL ASSISTANCE FOR RURAL SMALL 

4 TREATMENT WORKS AND MEDIUM TREAT5 MENT WORKS. 

6 (a) IN GENERAL.—Title II of the Federal Water Pol7 lution Control Act (33 U.S.C. 1281 et seq.) is amended 

8 by adding at the end the following: 

9 ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR RURAL SMALL 

10 TREATMENT WORKS AND MEDIUM TREAT11 MENT WORKS. 

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

13 ‘‘(1) ADVANCED DECENTRALIZED WASTEWATER

14 SYSTEM.—The term ‘advanced decentralized waste15 water system’ means a decentralized wastewater sys16 tem that provides more effective treatment than a 

17 conventional septic system. 

18 ‘‘(2) DECENTRALIZED WASTEWATER SYSTEM.— 

19 ‘‘(A) IN GENERAL.—The term ‘decentral20 ized wastewater system’ means a wastewater 

21 treatment system that is at or near a site at 

22 which wastewater is generated. 

23 ‘‘(B) INCLUSIONS.—The term ‘decentral24 ized wastewater system’ includes a system that 

25 provides for— 


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1 ‘‘(i) nonpotable reuse of treated efflu2 ent; or 

3 ‘‘(ii) energy and nutrient recovery 

4 from wastewater constituents. 

5 ‘‘(3) MEDIUM TREATMENT WORKS.—The term 

6 ‘medium treatment works’ means a publicly owned 

7 treatment works serving more than 10,000 but fewer 

8 than 100,000 individuals. 

9 ‘‘(4) QUALIFIED NONPROFIT TECHNICAL AS10 SISTANCE PROVIDER.—The term ‘qualified nonprofit 

11 technical assistance provider’ means a qualified non12 profit technical assistance provider of water and 

13 wastewater services to small or medium-sized com14 munities that provides technical assistance (includ15 ing circuit rider, multi-State regional assistance pro16 grams, and training and preliminary engineering 

17 evaluations) to owners and operators of small treat18 ment works or medium treatment works that may 

19 include State agencies. 

20 ‘‘(5) SMALL TREATMENT WORKS.—The term 

21 ‘small treatment works’ means a publicly owned 

22 treatment works serving not more than 10,000 indi23 viduals. 

24 ‘‘(b) GRANT PROGRAM.— 


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

2 make grants on a competitive basis to qualified non3 profit technical assistance providers that are quali4 fied to provide assistance on a broad range of waste5 water and stormwater approaches— 

6 ‘‘(A) to assist owners and operators of 

7 small treatment works and medium treatment 

8 works to plan, develop, and obtain financing for 

9 eligible projects described in section 603(c) or 

10 518(c); 

11 ‘‘(B) to provide financial assistance, in 

12 consultation with the State in which the assist13 ance is provided, to owners and operators of 

14 small treatment works and medium treatment 

15 works for predevelopment costs (including costs 

16 for planning, design, and associated 

17 preconstruction activities, such as activities re18 lating directly to the siting of the facility and 

19 related elements) associated with stormwater or 

20 wastewater infrastructure projects or short21 term costs incurred for equipment replacement 

22 that is not part of regular operation and main23 tenance activities for existing stormwater or 

24 wastewater systems, if the amount of assistance 

25 for any single project does not exceed $50,000; 


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1 ‘‘(C) to provide technical assistance and 

2 training for owners and operators of small 

3 treatment works and medium treatment works 

4 to enable those treatment works and systems to 

5 protect water quality and achieve and maintain 

6 compliance with this Act; and 

7 ‘‘(D) to disseminate information to owners 

8 and operators of small treatment works and 

9 medium treatment works, with respect to plan10 ning, design, construction, and operation of 

11 treatment works, small municipal separate 

12 storm sewer systems, decentralized wastewater 

13 treatment systems, and advanced decentralized 

14 wastewater treatment systems. 

15 ‘‘(2) DISTRIBUTION OF GRANT.—In carrying 

16 out this subsection, the Administrator shall ensure, 

17 to the maximum extent practicable, that technical 

18 assistance provided using funds from a grant under 

19 paragraph (1) is made available in each State. 

20 ‘‘(3) CONSULTATION.—As a condition of receiv21 ing a grant under this subsection, a qualified non22 profit technical assistance provider shall agree to 

23 consult with each State in which grant funds are to 

24 be expended before the grant funds are expended in 

25 the State. 


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1 ‘‘(4) ANNUAL REPORT.—Not later than 60 days 

2 after the end of each fiscal year, a qualified non3 profit technical assistance provider that receives a 

4 grant under this subsection shall submit to the Ad5 ministrator a report that— 

6 ‘‘(A) describes the activities of the quali7 fied nonprofit technical assistance provider 

8 using grant funds received under this sub9 section for the fiscal year; and 

10 ‘‘(B) specifies— 

11 ‘‘(i) the number of communities 

12 served; 

13 ‘‘(ii) the sizes of those communities; 

14 and 

15 ‘‘(iii) the type of assistance provided 

16 by the qualified nonprofit technical assist17 ance provider. 

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

19 are authorized to be appropriated to carry out this sec20 tion— 

21 ‘‘(1) for grants for small treatment works, 

22 $25,000,000 for each of fiscal years 2010 through 

23 2014; and 


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1 ‘‘(2) for grants for medium treatment works, 

2 $15,000,000 for each of fiscal years 2010 through 

3 2014.’’. 

4 (b) GUIDANCE FOR SMALL SYSTEMS.—Section 602 

5 of the Federal Water Pollution Control Act (33 U.S.C. 

6 1382) is amended by adding at the end the following: 

7 ‘‘(c) GUIDANCE FOR SMALL SYSTEMS.— 

8 ‘‘(1) DEFINITION OF SMALL SYSTEM.—In this 

9 subsection, the term ‘small system’ means a sys10 tem— 

11 ‘‘(A) for which a municipality or inter12 municipal, interstate, or State agency seeks as13 sistance under this title; and 

14 ‘‘(B) that serves a population of not more 

15 than 10,000 individuals. 

16 ‘‘(2) SIMPLIFIED PROCEDURES.—Not later than 

17 1 year after the date of enactment of this sub18 section, the Administrator shall assist the States in 

19 establishing simplified procedures for small systems 

20 to obtain assistance under this title. 

21 ‘‘(3) PUBLICATION OF MANUAL.—Not later 

22 than 1 year after the date of enactment of this sub23 section, after providing notice and opportunity for 

24 public comment, the Administrator shall publish— 


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1 ‘‘(A) a manual to assist small systems in 

2 obtaining assistance under this title; and 

3 ‘‘(B) in the Federal Register, notice of the 

4 availability of the manual.’’. 

5 SEC. 102. PROJECTS ELIGIBLE FOR ASSISTANCE. 

6 (a) IN GENERAL.—Section 603 of the Federal Water 

7 Pollution Control Act (33 U.S.C. 1383) is amended by 

8 striking subsection (c) and inserting the following: 

9 ‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.— 

10 ‘‘(1) IN GENERAL.—Funds in each State water 

11 pollution control revolving fund shall be used only 

12 for providing financial assistance— 

13 ‘‘(A) to a municipality or an intermunic14 ipal, interstate, or State agency or a private 

15 treatment works or decentralized wastewater 

16 system that principally treats municipal waste17 water or domestic sewage— 

18 ‘‘(i) for construction of treatment 

19 works (as defined in section 212); or 

20 ‘‘(ii) for capital costs associated with 

21 monitoring equipment for combined sani22 tary sewer overflows; 

23 ‘‘(B) to implement measures to control, 

24 manage, reduce, treat, infiltrate, or reuse 

25 stormwater, the primary purpose of which is 


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1 the preservation, protection, or enhancement of 

2 water quality to support public purposes (in3 cluding the procurement and use of equipment 

4 to support minimum measures, such as street 

5 sweeping and storm drain system cleaning, or 

6 acquisition of other land and interests in land 

7 that are necessary for those activities and meas8 ures); 

9 ‘‘(C) to implement a management program 

10 established under section 319; 

11 ‘‘(D) to develop and implement a conserva12 tion and management plan under section 320; 

13 ‘‘(E) for projects to increase the security 

14 of wastewater treatment works (as defined in 

15 section 212), excluding any expenditure for op16 erations or maintenance; 

17 ‘‘(F) to carry out water conservation or ef18 ficiency projects that result in direct water 

19 quality benefits; 

20 ‘‘(G) to implement measures to integrate 

21 water resource management planning and im22 plementation; 

23 ‘‘(H) to carry out water reuse (including 

24 wastewater reuse), reclamation, and recycling 


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1 projects that result in direct water quality bene2 fits; 

3 ‘‘(I) for projects to increase the energy ef4 ficiency of treatment works (as defined in sec5 tion 212) that result in direct water quality 

6 benefits; 

7 ‘‘(J) for the development and implementa8 tion of utility management improvement plans 

9 consistent with an effective utility management 

10 strategy (as defined in section 306(a) of the 

11 Water Infrastructure Financing Act); and 

12 ‘‘(K) for the development and implementa13 tion of integrative watershed improvement plans 

14 that include cost-effective solutions that con15 sider point and nonpoint sources of pollution 

16 and traditional and cost-saving water treatment 

17 and efficiency projects. 

18 ‘‘(2) LIMITATION.—Not more than 5 percent of 

19 the amount of a capitalization grant of a State may 

20 be used during a fiscal year to provide assistance for 

21 activities described in subparagraph (J) or (K) of 

22 paragraph (1). 

23 ‘‘(3) STATE WATER POLLUTION CONTROL RE24 VOLVING FUNDS.— 


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1 ‘‘(A) IN GENERAL.—A State water pollu2 tion control revolving fund shall be established, 

3 maintained, and credited with repayments. 

4 ‘‘(B) BALANCE OF FUND.—The balance of 

5 each fund described in subparagraph (A) shall 

6 be available in perpetuity for providing financial 

7 assistance under this section.’’. 

8 (b) MODIFICATION OF DEFINITION.—Section 

9 212(2)(A) of the Federal Water Pollution Control Act (33 

10 U.S.C. 1292(2)(A)) is amended— 

11 (1) by striking ‘‘and any works, including site’’; 

12 (2) by striking ‘‘is used for ultimate’’ and in13 serting ‘‘will be used for ultimate’’; and 

14 (3) by inserting ‘‘; and acquisition of other land 

15 and interests in land necessary for construction’’ be16 fore the period at the end. 

17 SEC. 103. AFFORDABILITY. 

18 (a) IN GENERAL.—Section 603 of the Federal Water 

19 Pollution Control Act (33 U.S.C. 1383) is amended— 

20 (1) by redesignating subsections (e) through (h) 

21 as subsections (g) through (j), respectively; 

22 (2) in subsection (d)— 

23 (A) in paragraph (1)— 

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

25 ‘‘20 years’’ and inserting ‘‘the lesser of 30 


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1 years or the design life of the project to be 

2 financed with the proceeds of the loan’’; 

3 and 

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

5 ‘‘not later than 20 years after project com6 pletion’’ and inserting ‘‘upon the expiration 

7 of the term of the loan’’; 

8 (B) in paragraph (6), by striking ‘‘and’’ at 

9 the end; and 

10 (C) in paragraph (7), by striking ‘‘title, ex11 cept that’’ and all that follows and inserting the 

12 following: ‘‘title, except that— 

13 ‘‘(A) such amounts shall not exceed an 

14 amount equal to the sum of, for each fiscal 

15 year— 

16 ‘‘(i) an amount equal to the greatest 

17 of— 

18 ‘‘(I) $400,000; 

‘‘(II) 1 19 ⁄5 percent of the current 

20 valuation of the fund; or 

21 ‘‘(III) 6 percent of all grant 

22 awards to the fund under this title for 

23 a fiscal year; and 


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1 ‘‘(ii) the amount of any fees collected 

2 by the State for that purpose, regardless of 

3 the source; and 

4 ‘‘(B) as a source of revenue (restricted 

5 solely to interest earnings of the fund) or secu6 rity for payment of the principal and interest 

7 on revenue or general obligation bonds issued 

8 by the State to provide matching funds under 

9 section 602(b)(2), if the proceeds of the sale of 

10 the bonds will be deposited in the fund.’’; and 

11 (3) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) ADDITIONAL ASSISTANCE FOR DISADVANTAGED

14 COMMUNITIES.— 

15 ‘‘(1) DEFINITION OF DISADVANTAGED COMMU16 NITY.—In this subsection, the term ‘disadvantaged 

17 community’ means a community with a service area, 

18 or portion of a service area, of a treatment works 

19 that meets affordability criteria established after 

20 public review and comment by the State in which the 

21 treatment works is located. 

22 ‘‘(2) LOAN SUBSIDY.—Notwithstanding any 

23 other provision of this section, subject to paragraph 

24 (5), in a case in which the State makes a loan from 

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1 cordance with subsection (c) to a disadvantaged 

2 community or a community that the State expects to 

3 become a disadvantaged community as the result of 

4 a proposed project, the State may provide additional 

5 subsidization, including— 

6 ‘‘(A) the forgiveness of all or a portion of 

7 the principal of the loan; and 

8 ‘‘(B) a negative interest rate on the loan. 

9 ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each 

10 fiscal year, the total amount of loan subsidies made 

11 by the State pursuant to this subsection may not ex12 ceed 30 percent of the amount of the capitalization 

13 grant received by the State for the fiscal year. 

14 ‘‘(4) INFORMATION.—The Administrator may 

15 publish information to assist States in establishing 

16 affordability criteria described in paragraph (1). 

17 ‘‘(f) COST-SAVING WATER TREATMENT AND EFFI18 CIENCY IMPROVEMENTS.— 

19 ‘‘(1) IN GENERAL.—Subject to subsection 

20 (e)(3), in providing a loan for a project under this 

21 section, a State may forgive repayment of a portion 

22 of the loan amount up to the percentage of the 

23 project that is devoted to alternative approaches to 

24 wastewater and stormwater controls (including non25 structural methods), such as projects that treat or 


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1 minimize sewage or urban stormwater discharges 

2 using— 

3 ‘‘(A) decentralized or distributed 

4 stormwater controls; 

5 ‘‘(B) advanced decentralized wastewater 

6 treatment; 

7 ‘‘(C) low-impact development technologies 

8 and nonstructural approaches; 

9 ‘‘(D) stream buffers; 

10 ‘‘(E) wetland restoration and enhance11 ment; 

12 ‘‘(F) actions to minimize the quantity of 

13 and direct connections to impervious surfaces; 

14 ‘‘(G) soil and vegetation, or other per15 meable materials; 

16 ‘‘(H) actions that increase efficient water 

17 use, water conservation, or water reuse; or 

18 ‘‘(I) actions that increase energy efficiency 

19 or reduce energy consumption at a treatment 

20 works. 

21 ‘‘(2) TREATMENT OF LOAN FORGIVENESS.— 

22 The amount of loan forgiveness provided by a State 

23 under this subsection shall be— 

24 ‘‘(A) credited to each State; and 


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1 ‘‘(B) deducted from the total amount of 

2 State capitalization grants for which matching 

3 funds are required from the State under section 

4 602(b)(2).’’. 

5 (b) CONFORMING AMENDMENT.—Section 221(d) of 

6 the Federal Water Pollution Control Act (33 U.S.C. 

7 1301(d)) is amended in the second sentence by striking 

8 ‘‘603(h)’’ and inserting ‘‘603(j)’’. 

9 SEC. 104. WATER POLLUTION CONTROL REVOLVING LOAN 

10 FUNDS. 

11 Section 603 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1383) is amended by striking subsection 

13 (i) (as redesignated by section 103(a)(1)) and inserting 

14 the following: 

15 ‘‘(i) PRIORITY SYSTEM REQUIREMENT.— 

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

17 ‘‘(A) RESTRUCTURING.—The term ‘re18 structuring’ means— 

19 ‘‘(i) the consolidation of management 

20 functions or ownership with another facil21 ity; or 

22 ‘‘(ii) the formation of cooperative 

23 partnerships. 

24 ‘‘(B) TRADITIONAL WASTEWATER AP25 PROACH.—The term ‘traditional wastewater apVerDate Nov 24 2008 06:47 May 08, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 proach’ means a managed system used to col2 lect and treat wastewater from an entire service 

3 area consisting of— 

4 ‘‘(i) collection sewers; 

5 ‘‘(ii) a centralized treatment plant 

6 using biological, physical, or chemical 

7 treatment processes; and 

8 ‘‘(iii) a direct point source discharge 

9 to surface water. 

10 ‘‘(2) PRIORITY SYSTEM.—In providing financial 

11 assistance from the water pollution control revolving 

12 fund of the State, the State shall establish a priority 

13 system that— 

14 ‘‘(A) takes into consideration appropriate 

15 chemical, physical, and biological data relating 

16 to water quality that the State considers rea17 sonably available and of sufficient quality; 

18 ‘‘(B) ensures that projects undertaken with 

19 assistance under this title are designed to 

20 achieve, as determined by the State, the opti21 mum water quality management, consistent 

22 with the public health and water quality goals 

23 and requirements of this Act; 

24 ‘‘(C) provides for public notice and oppor25 tunity to comment on the establishment of the 


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1 priority system and the summary under sub2 paragraph (D); and 

3 ‘‘(D) provides for the publication, not less 

4 than biennially in summary form, of a descrip5 tion of projects in the State that are eligible for 

6 assistance under this title that indicates— 

7 ‘‘(i) the priority assigned to each 

8 project under the priority system of the 

9 State; and 

10 ‘‘(ii) the funding schedule for each 

11 project, to the extent the information is 

12 available. 

13 ‘‘(3) WEIGHT GIVEN TO APPLICATIONS.—After 

14 determining project priorities under subparagraph 

15 (2), the State shall give greater weight to an appli16 cation for assistance if the application includes such 

17 information as the State determines to be necessary 

18 and contains— 

19 ‘‘(A) a description of utility management 

20 best practices undertaken by a treatment works 

21 applying for assistance, including— 

22 ‘‘(i) an inventory of assets, including 

23 a description of the condition of those as24 sets; 


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1 ‘‘(ii) a schedule for replacement of the 

2 assets; 

3 ‘‘(iii) a financing plan that factors in 

4 all lifecycle costs indicating sources of rev5 enue from ratepayers, grants, bonds, other 

6 loans, and other sources to meet the costs; 

7 and 

8 ‘‘(iv) a review of options for restruc9 turing the treatment works; 

10 ‘‘(B) approaches other than a traditional 

11 wastewater approach that treat or minimize 

12 sewage or urban stormwater discharges using— 

13 ‘‘(i) decentralized or distributed 

14 stormwater controls; 

15 ‘‘(ii) advanced decentralized waste16 water treatment; 

17 ‘‘(iii) low-impact development tech18 nologies and nonstructural approaches; 

19 ‘‘(iv) stream buffers; 

20 ‘‘(v) wetland restoration and enhance21 ment; 

22 ‘‘(vi) actions to minimize the quantity 

23 of and direct connections to impervious 

24 surfaces; 


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1 ‘‘(vii) soil and vegetation, or other 

2 permeable materials; 

3 ‘‘(viii) actions that increase efficient 

4 water use, water conservation, or water 

5 reuse; or 

6 ‘‘(ix) actions that increase energy effi7 ciency or reduce energy consumption at a 

8 treatment works; 

9 ‘‘(C) a demonstration of consistency with 

10 State, regional, and municipal watershed plans, 

11 water conservation and efficiency plans, or inte12 grated water resource management plans; 

13 ‘‘(D) a proposal by the applicant dem14 onstrating flexibility through alternative means 

15 to carry out responsibilities under Federal regu16 lations, that may include watershed permitting 

17 and other innovative management approaches, 

18 while achieving results that— 

19 ‘‘(i) the State, in the case of a permit 

20 program approved under section 402, de21 termines will meet permit requirements; or 

22 ‘‘(ii) the Administrator determines are 

23 measurably superior, as compared to regu24 latory standards; or 


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1 ‘‘(E) projects that address adverse environ2 mental conditions.’’. 

3 SEC. 105. TRANSFERABILITY OF FUNDS. 

4 Section 603 of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1383) (as amended by section 103(a)(1)) 

6 is amended by adding at the end the following: 

7 ‘‘(k) TRANSFER OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—The Governor of a State 

9 may— 

10 ‘‘(A)(i) reserve not more than the greater 

11 of— 

12 ‘‘(I) 33 percent of a capitalization 

13 grant made under this title; or 

14 ‘‘(II) 33 percent of a capitalization 

15 grant made under section 1452 of the Safe 

16 Drinking Water Act (42 U.S.C. 300j–12); 

17 and 

18 ‘‘(ii) add the reserved funds to any funds 

19 provided to the State under section 1452 of the 

20 Safe Drinking Water Act (42 U.S.C. 300j–12); 

21 and 

22 ‘‘(B)(i) reserve for any year an amount 

23 that does not exceed the amount that may be 

24 reserved under subparagraph (A) for that year 


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1 from capitalization grants made under section 

2 1452 of that Act (42 U.S.C. 300j–12); and 

3 ‘‘(ii) add the reserved funds to any funds 

4 provided to the State under this title. 

5 ‘‘(2) STATE MATCH.—Funds reserved under 

6 this subsection shall not be considered to be a State 

7 contribution for a capitalization grant required 

8 under this title or section 1452(b) of the Safe 

9 Drinking Water Act (42 U.S.C. 300j–12(b)).’’. 

10 SEC. 106. NONCOMPLIANCE. 

11 Section 603 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1383) (as amended by section 105) is 

13 amended by adding at the end the following: 

14 ‘‘(l) NONCOMPLIANCE.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), no assistance (other than assistance that 

17 is to be used by a treatment works solely for plan18 ning, design, or security purposes) shall be provided 

19 under this title to the owner or operator of a treat20 ment works that has been in significant noncompli21 ance with any requirement of this Act for any of the 

22 4 quarters during the preceding 8 quarters, unless 

23 the treatment works is in compliance with an en24 forceable administrative order to effect compliance 

25 with the requirement. 


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1 ‘‘(2) EXCEPTION.—An owner or operator of a 

2 treatment works that is determined under paragraph 

3 (1) to be in significant noncompliance with a re4 quirement described in that paragraph may receive 

5 assistance under this title if the Administrator and 

6 the State providing the assistance determine that— 

7 ‘‘(A) the entity conducting the enforcement 

8 action on which the determination of significant 

9 noncompliance is based has determined that the 

10 use of assistance would enable the owner or op11 erator of the treatment works to take corrective 

12 action toward resolving the violations; or 

13 ‘‘(B) the entity conducting the enforcement 

14 action on which the determination of significant 

15 noncompliance is based has determined that the 

16 assistance would be used by the owner or oper17 ator of the treatment works in order to assist 

18 owners and operators in making progress to19 wards compliance.’’. 

20 SEC. 107. NEGOTIATION OF CONTRACTS. 

21 Section 603 of the Federal Water Pollution Control 

22 Act (33 U.S.C. 1383) (as amended by section 106) is 

23 amended by adding at the end the following: 

24 ‘‘(m) NEGOTIATION OF CONTRACTS.— 


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1 ‘‘(1) IN GENERAL.—A contract to be carried 

2 out using funds directly made available by a capital3 ization grant under this section for program man4 agement, construction management, feasibility stud5 ies, preliminary engineering, design, engineering, 

6 surveying, mapping, or architectural or related serv7 ices shall be negotiated in the same manner as— 

8 ‘‘(A) a contract for architectural and engi9 neering services is negotiated under chapter 11 

10 of title 40, United States Code; or 

11 ‘‘(B) an equivalent State qualifications12 based requirement (as determined by the Gov13 ernor of the State). 

14 ‘‘(2) EXEMPTION FOR SMALL COMMUNITIES.— 

15 Paragraph (1) shall not apply to a contract de16 scribed in that paragraph for program management, 

17 construction management, feasibility studies, pre18 liminary engineering, design, engineering, surveying, 

19 mapping, or architectural or related services for a 

20 community of 10,000 or fewer individuals.’’. 

21 SEC. 108. ALLOTMENT OF FUNDS. 

22 Section 604 of the Federal Water Pollution Control 

23 Act (33 U.S.C. 1384) is amended by striking subsections 

24 (a) and (b) and inserting the following: 


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1 ‘‘(a) IN GENERAL.—Amounts authorized to be appro2 priated to carry out this section for each of fiscal years 

3 2010 through 2014 shall be allotted among States by the 

4 Administrator in accordance with the percentages speci5 fied in the following table: 

‘‘State Percentage 

Alabama .......................................................................................... 0.012860

Alaska ............................................................................................. 0.007500

Arizona ............................................................................................ 0.010247

Arkansas ......................................................................................... 0.007500

California ........................................................................................ 0.079629

Colorado .......................................................................................... 0.010164

Connecticut ..................................................................................... 0.014150

Delaware ......................................................................................... 0.007500

District of Columbia ....................................................................... 0.005000

Florida ............................................................................................ 0.044139

Georgia ............................................................................................ 0.012825

Hawaii ............................................................................................. 0.008048

Idaho ............................................................................................... 0.007500

Illinois ............................................................................................. 0.048540

Indiana ............................................................................................ 0.024633

Iowa ................................................................................................ 0.010266

Kansas ............................................................................................ 0.009129

Kentucky ......................................................................................... 0.012025

Louisiana ........................................................................................ 0.013465

Maine .............................................................................................. 0.007829

Maryland ......................................................................................... 0.025129

Massachusetts ................................................................................. 0.025754

Michigan ......................................................................................... 0.033487

Minnesota ....................................................................................... 0.020385

Mississippi ....................................................................................... 0.009112

Missouri .......................................................................................... 0.028037

Montana .......................................................................................... 0.007500

Nebraska ......................................................................................... 0.008023

Nevada ............................................................................................ 0.007500

New Hampshire .............................................................................. 0.007500

New Jersey ..................................................................................... 0.046117

New Mexico ..................................................................................... 0.007500

New York ........................................................................................ 0.103531

North Carolina ................................................................................ 0.019007

North Dakota ................................................................................. 0.007500

Ohio ................................................................................................ 0.054722

Oklahoma ........................................................................................ 0.008171

Oregon ............................................................................................ 0.012456

Pennsylvania ................................................................................... 0.041484

Rhode Island ................................................................................... 0.007500

South Carolina ................................................................................ 0.007500

South Dakota .................................................................................. 0.007500


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‘‘State Percentage 

Tennessee ........................................................................................ 0.011019

Texas ............................................................................................... 0.037664

Utah ................................................................................................ 0.007500

Vermont .......................................................................................... 0.007500

Virginia ........................................................................................... 0.020698

Washington ..................................................................................... 0.017588

West Virginia .................................................................................. 0.011825

Wisconsin ........................................................................................ 0.022844

Wyoming ......................................................................................... 0.007500

Puerto Rico ..................................................................................... 0.005000

Territories ....................................................................................... 0.002500. 

1 ‘‘(b) RESERVATION OF FUNDS.— 

2 ‘‘(1) PLANNING.—Each State may reserve for 

3 each fiscal year to carry out planning under sections 

4 205(j) and 303(e) an amount equal to the greater 

5 of— 

6 ‘‘(A) 2 percent of the sums allotted to the 

7 State under this section for the fiscal year; or 

8 ‘‘(B) $100,000. 

9 ‘‘(2) INDIAN TRIBES.—Of the total amount of 

10 funds allotted to the State under this section for a 

11 fiscal year, 1.5 percent shall be allocated to Indian 

12 tribes (as defined in section 518(h)). 

13 ‘‘(3) OPERATOR TRAINING.—Of the total 

14 amount of funds made available to carry out this 

15 title, for fiscal year 2009 and each fiscal year there16 after, the Administrator may reserve not more than 

17 $5,000,000 to carry out the objectives described in 

18 section 104(g).’’. 


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1 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

2 The Federal Water Pollution Control Act is amended 

3 by striking section 607 (33 U.S.C. 1387) and inserting 

4 the following: 

5 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this title— 

8 ‘‘(1) $3,200,000,000 for each of fiscal years 

9 2010 and 2011; 

10 ‘‘(2) $3,600,000,000 for fiscal year 2012; 

11 ‘‘(3) $4,000,000,000 for fiscal year 2013; and 

12 ‘‘(4) $6,000,000,000 for fiscal year 2014. 

13 ‘‘(b) AVAILABILITY.—Amounts made available under 

14 this section shall remain available until expended. 

15 ‘‘(c) RESERVATION FOR NEEDS SURVEYS.—Of the 

16 amount made available under subsection (a) to carry out 

17 this title for a fiscal year, the Administrator may reserve 

18 not more than $1,000,000 for the fiscal year, to remain 

19 available until expended, to pay the costs of conducting 

20 needs surveys under section 516(b)(1)(B).’’. 

21 SEC. 110. SEWER OVERFLOW CONTROL GRANTS. 

22 (a) SEWER OVERFLOW CONTROL GRANTS.—Section 

23 221 of the Federal Water Pollution Control Act (33 

24 U.S.C. 1301) is amended— 

25 (1) in subsection (a), by striking ‘‘IN GEN26 ERAL’’ and all that follows through ‘‘(2) subject to 


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1 subsection (g), the Administrator may’’ and insert2 ing the following: 

3 ‘‘(a) IN GENERAL.—The Administrator may— 

4 ‘‘(1) make grants to States for the purpose of 

5 providing grants to a municipality or municipal enti6 ty for planning, design, and construction of treat7 ment works to intercept, transport, control, or treat 

8 municipal combined sewer overflows and sanitary 

9 sewer overflows; and 

10 ‘‘(2) subject to subsection (g),’’; and 

11 (2) by striking subsections (e) through (g) and 

12 inserting the following: 

13 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— 

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

15 project that receives grant assistance under sub16 section (a) shall be carried out subject to the same 

17 requirements as a project that receives assistance 

18 from a State water pollution control revolving fund 

19 established pursuant to title VI. 

20 ‘‘(2) DETERMINATION OF GOVERNOR.—The re21 quirement described in paragraph (1) shall not apply 

22 to a project that receives grant assistance under 

23 subsection (a) to the extent that the Governor of the 

24 State in which the project is located determines that 


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1 a requirement described in title VI is inconsistent 

2 with the purposes of this section. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section, 

5 to remain available until expended— 

6 ‘‘(1) $250,000,000 for fiscal year 2010; 

7 ‘‘(2) $300,000,000 for fiscal year 2011; 

8 ‘‘(3) $350,000,000 for fiscal year 2012; 

9 ‘‘(4) $400,000,000 for fiscal year 2013; and 

10 ‘‘(5) $500,000,000 for fiscal year 2014. 

11 ‘‘(g) ALLOCATION OF FUNDS.— 

12 ‘‘(1) FISCAL YEAR 2010 AND 2011.—For each of 

13 fiscal years 2010 and 2011, subject to subsection 

14 (h), the Administrator shall use the amounts made 

15 available to carry out this section to provide grants 

16 to municipalities and municipal entities under sub17 section (a)(2)— 

18 ‘‘(A) in accordance with the priority cri19 teria described in subsection (b); and 

20 ‘‘(B) with additional priority given to pro21 posed projects that involve the use of— 

22 ‘‘(i) nonstructural, low-impact devel23 opment; 

24 ‘‘(ii) water conservation, efficiency, or 

25 reuse; or 


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1 ‘‘(iii) other decentralized stormwater 

2 or wastewater approaches to minimize 

3 flows into the sewer systems. 

4 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

5 For fiscal year 2012 and each fiscal year thereafter, 

6 subject to subsection (h), the Administrator shall 

7 use the amounts made available to carry out this 

8 section to provide grants to States under subsection 

9 (a)(1) in accordance with a formula that— 

10 ‘‘(A) shall be established by the Adminis11 trator, after providing notice and an oppor12 tunity for public comment; and 

13 ‘‘(B) allocates to each State a proportional 

14 share of the amounts based on the total needs 

15 of the State for municipal combined sewer over16 flow controls and sanitary sewer overflow con17 trols, as identified in the most recent survey— 

18 ‘‘(i) conducted under section 210; and 

19 ‘‘(ii) included in a report required 

20 under section 516(b)(1)(B).’’. 

21 (b) REPORTS.—Section 221(i) of the Federal Water 

22 Pollution Control Act (33 U.S.C. 1301(i)) is amended in 

23 the first sentence by striking ‘‘2003’’ and inserting 

24 ‘‘2011’’. 


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1 SEC. 111. CRITICAL WATER INFRASTRUCTURE PROJECTS. 

2 (a) ESTABLISHMENT.—The Administrator shall es3 tablish a program under which grants are provided to eli4 gible entities for use in carrying out projects and activities 

5 the primary purpose of which is watershed restoration 

6 through the protection or improvement of water quality. 

7 (b) PROJECT SELECTION.— 

8 (1) IN GENERAL.—The Administrator may pro9 vide funds under this section to an eligible entity to 

10 carry out an eligible project described in paragraph 

11 (3). 

12 (2) EQUITABLE DISTRIBUTION.—The Adminis13 trator shall ensure an equitable distribution of 

14 projects under this section, taking into account cost 

15 and number of requests for each category listed in 

16 paragraph (3). 

17 (3) ELIGIBLE PROJECTS.—A project that is eli18 gible to be carried out using funds provided under 

19 this section may include projects that are included 

20 in the intended use plan of the State developed in 

21 accordance with section 606(c) of the Federal Water 

22 Pollution Control Act (33 U.S.C. 1386(c)). 

23 (c) LOCAL PARTICIPATION.—In prioritizing projects 

24 for implementation under this section, the Administrator 

25 shall consult with, and consider the priorities of— 

26 (1) affected State and local governments; and 


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1 (2) public and private entities that are active in 

2 watershed planning and restoration. 

3 (d) Before carrying out any project under this sec4 tion, the Administrator shall enter into an agreement with 

5 1 or more non-Federal interests that shall require the non6 Federal interests— 

7 (1) to pay 45 percent of the total costs of the 

8 project, which may include services, materials, sup9 plies, or other in-kind contributions; 

10 (2) to provide any land, easements, rights-of11 way, and relocations necessary to carry out the 

12 project; and 

13 (3) to pay 100 percent of any operation, main14 tenance, repair, replacement, and rehabilitation costs 

15 associated with the project. 

16 (e) WAIVER.—The Administrator may waive the re17 quirement to pay the non-Federal share of the cost of car18 rying out an eligible activity using funds from a grant pro19 vided under this section if the Administrator determines 

20 that an eligible entity is unable to pay, or would experience 

21 significant financial hardship if required to pay, the non22 Federal share. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $50,000,000 for each of fiscal years 2010 through 2014. 


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1 TITLE II—SAFE DRINKING 

2 WATER INFRASTRUCTURE 

3 SEC. 201. DRINKING WATER TECHNICAL ASSISTANCE FOR 

4 COMMUNITIES. 

5 Section 1442(e) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–1(e)) is amended— 

7 (1) in the first sentence, by striking ‘‘The Ad8 ministrator may provide’’ and inserting the fol9 lowing: 

10 ‘‘(1) PUBLIC WATER SYSTEMS.—The Adminis11 trator may provide’’; 

12 (2) in the second sentence, by striking ‘‘Such 

13 assistance’’ and inserting the following: 

14 ‘‘(2) TYPES OF ASSISTANCE.—Such assist15 ance’’; 

16 (3) in the third sentence, by striking ‘‘The Ad17 ministrator shall ensure’’ and inserting the fol18 lowing: 

19 ‘‘(3) AVAILABILITY.—The Administrator shall 

20 ensure’’; 

21 (4) in the fourth sentence, by striking ‘‘Each 

22 nonprofit’’ and inserting the following: 

23 ‘‘(4) REQUIREMENT APPLICABLE TO NON24 PROFIT ORGANIZATIONS.—Each nonprofit’’; and 


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1 (5) by striking the fifth sentence and all that 

2 follows and inserting the following: 

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

4 section, the Administrator shall give priority to small 

5 systems organizations that, as determined by the 

6 Administrator, in consultation with the State, are 

7 qualified and will be the most effective at assisting 

8 small systems. 

9 ‘‘(6) WELLS AND WELL SYSTEMS.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 shall provide grants to nonprofit organizations 

12 to provide technical assistance to communities 

13 and individuals regarding the design, operation, 

14 construction, and maintenance of household 

15 wells and small shared well systems that pro16 vide drinking water. 

17 ‘‘(B) FORM OF ASSISTANCE.—Technical 

18 assistance referred to in subparagraph (A) may 

19 include— 

20 ‘‘(i) training and education; 

21 ‘‘(ii) operation of a hotline; and 

22 ‘‘(iii) the conduct of other activities 

23 relating to the design and construction of 

24 household, shared, and small water well 

25 systems in rural areas. 


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1 ‘‘(C) PRIORITY.—Subject to paragraph 

2 (5), in providing grants under this section, the 

3 Administrator shall give priority to applicants 

4 that, as determined by the Administrator— 

5 ‘‘(i) are qualified; and 

6 ‘‘(ii) have demonstrated experience in 

7 providing similar technical assistance and 

8 in developing similar projects. 

9 ‘‘(D) AUTHORIZATION OF APPROPRIA10 TIONS.—There is authorized to be appropriated 

11 to carry out this paragraph— 

12 ‘‘(i) $7,000,000 for fiscal year 2010; 

13 and 

14 ‘‘(ii) $7,500,000 for each of fiscal 

15 years 2011 through 2014. 

16 ‘‘(7) FUNDING.— 

17 ‘‘(A) AUTHORIZATION OF APPROPRIA18 TIONS.—There is authorized to be appropriated 

19 to the Administrator to carry out this sub20 section (other than paragraph (6)) $35,000,000 

21 for each of fiscal years 2010 through 2014. 

22 ‘‘(B) LOBBYING EXPENSES.—No portion 

23 of any State loan fund established under section 

24 1452 and no portion of any funds made availVerDate Nov 24 2008 06:47 May 08, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 able under this subsection may be used for lob2 bying expenses. 

3 ‘‘(C) INDIAN TRIBES.—Of the total 

4 amount made available under this section for 

5 each fiscal year, 3 percent shall be used for 

6 technical assistance to public water systems 

7 owned or operated by Indian Tribes.’’. 

8 SEC. 202. PRECONSTRUCTION WORK. 

9 Section 1452(a)(2) of the Safe Drinking Water Act 

10 (42 U.S.C. 300j–12(a)(2)) is amended— 

11 (1) by designating the first, second, third, 

12 fourth, and fifth sentences as subparagraphs (A), 

13 (B), (D), (E), and (F), respectively; 

14 (2) in subparagraph (B) (as designated by 

15 paragraph (1))— 

16 (A) by striking ‘‘(not’’ and inserting ‘‘(in17 cluding expenditures for planning, design, and 

18 associated preconstruction activities, including 

19 activities relating to the siting of the facility, 

20 but not’’; and 

21 (B) by inserting before the period at the 

22 end the following: ‘‘or to replace or rehabilitate 

23 aging treatment, storage, or distribution facili24 ties of public water systems or provide for cap25 ital projects (excluding any expenditure for opVerDate Nov 24 2008 02:00 May 13, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 erations and maintenance) to upgrade the secu2 rity of public water systems’’; and 

3 (3) by inserting after subparagraph (B) (as 

4 designated by paragraph (1)) the following: 

5 ‘‘(C) SALE OF BONDS.—Funds may also 

6 be used by a public water system as a source 

7 of revenue (restricted solely to interest earnings 

8 of the applicable State loan fund) or security 

9 for payment of the principal and interest on 

10 revenue or general obligation bonds issued by 

11 the State to provide matching funds under sub12 section (e), if the proceeds of the sale of the 

13 bonds will be deposited in the State loan 

14 fund.’’. 

15 SEC. 203. PRIORITY SYSTEM REQUIREMENTS. 

16 Section 1452(b)(3) of the Safe Drinking Water Act 

17 (42 U.S.C. 300j–12(b)(3)) is amended— 

18 (1) by redesignating subparagraph (B) as sub19 paragraph (D); 

20 (2) by striking subparagraph (A) and inserting 

21 the following: 

22 ‘‘(A) DEFINITION OF RESTRUCTURING.— 

23 In this paragraph, the term ‘restructuring’ 

24 means changes in operations (including owner25 ship, cooperative partnerships, asset manageVerDate Nov 24 2008 06:47 May 08, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 ment, consolidation, and alternative water sup2 ply). 

3 ‘‘(B) PRIORITY SYSTEM.—An intended use 

4 plan shall provide, to the maximum extent prac5 ticable, that priority for the use of funds be 

6 given to projects that— 

7 ‘‘(i) address the most serious risk to 

8 human health; 

9 ‘‘(ii) are necessary to ensure compli10 ance with this title (including requirements 

11 for filtration); 

12 ‘‘(iii) assist systems most in need on 

13 a per-household basis according to State 

14 affordability criteria; and 

15 ‘‘(iv) improve the sustainability of sys16 tems. 

17 ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.— 

18 After determining project priorities under sub19 paragraph (B), an intended use plan shall pro20 vide that the State shall give greater weight to 

21 an application for assistance by a community 

22 water system if the application includes such in23 formation as the State determines to be nec24 essary and contains— 


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1 ‘‘(i) an inventory of assets, including 

2 a description of the condition of the assets; 

3 ‘‘(ii) a schedule for replacement of as4 sets; 

5 ‘‘(iii) a financing plan that factors in 

6 all lifecycle costs indicating sources of rev7 enue from ratepayers, grants, bonds, other 

8 loans, and other sources to meet the costs; 

9 ‘‘(iv) a review of options for restruc10 turing the public water system; 

11 ‘‘(v) demonstration of consistency 

12 with State, regional, and municipal water13 shed plans; 

14 ‘‘(vi) a water conservation plan con15 sistent with guidelines developed for those 

16 plans by the Administrator under section 

17 1455(a); and 

18 ‘‘(vii) approaches to improve the sus19 tainability of the system, including— 

20 ‘‘(I) water efficiency or conserva21 tion; 

22 ‘‘(II) use of reclaimed water; and 

23 ‘‘(III) actions to increase energy 

24 efficiency.’’; and 


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1 (3) in subparagraph (D) (as redesignated by 

2 paragraph (1)), by striking ‘‘periodically’’ and in3 serting ‘‘at least biennially’’. 

4 SEC. 204. AFFORDABILITY. 

5 Section 1452(d)(3) of the Safe Drinking Water Act 

6 (42 U.S.C. 300j–12(d)(3)) is amended in the first sen7 tence by inserting ‘‘, or portion of a service area,’’ after 

8 ‘‘service area’’. 

9 SEC. 205. SAFE DRINKING WATER REVOLVING LOAN 

10 FUNDS. 

11 Section 1452(g) of the Safe Drinking Water Act (42 

12 U.S.C. 300j–12(g)) is amended— 

13 (1) paragraph (2)— 

14 (A) in the first sentence, by striking ‘‘4’’ 

15 and inserting ‘‘6’’; and 

16 (B) by striking ‘‘1419,’’ and all that fol17 lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 

18 and 

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

20 ‘‘(5) TRANSFER OF FUNDS.— 

21 ‘‘(A) IN GENERAL.—The Governor of a 

22 State may— 

23 ‘‘(i)(I) reserve not more than the 

24 greater of— 


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1 ‘‘(aa) 33 percent of a capitaliza2 tion grant made under this section; or 

3 ‘‘(bb) 33 percent of a capitaliza4 tion grant made under section 601 of 

5 the Federal Water Pollution Control 

6 Act (33 U.S.C. 1381); 

7 ‘‘(II) add the funds reserved to any 

8 funds provided to the State under section 

9 601 of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1381); and 

11 ‘‘(ii)(I) reserve for any fiscal year an 

12 amount that does not exceed the amount 

13 that may be reserved under clause (i)(I) 

14 for that year from capitalization grants 

15 made under section 601 of that Act (33 

16 U.S.C. 1381); and 

17 ‘‘(II) add the reserved funds to any 

18 funds provided to the State under this sec19 tion. 

20 ‘‘(B) STATE MATCH.—Funds reserved 

21 under this paragraph shall not be considered to 

22 be a State match of a capitalization grant re23 quired under this section or section 602(b) of 

24 the Federal Water Pollution Control Act (33 

25 U.S.C. 1382(b)).’’. 


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1 SEC. 206. OTHER AUTHORIZED ACTIVITIES. 

2 Section 1452(k)(2)(D) of the Safe Drinking Water 

3 Act (42 U.S.C. 300j–12(k)(2)(D)) is amended by inserting 

4 before the period at the end the following: ‘‘(including im5 plementation of source water protection plans)’’. 

6 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 1452 of the Safe Drinking Water Act (42 

8 U.S.C. 300j–12) is amended by striking subsection (m) 

9 and inserting the following: 

10 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated to carry out this section— 

13 ‘‘(A) $1,500,000,000 for fiscal year 2010; 

14 ‘‘(B) $2,000,000,000 for each of fiscal 

15 years 2011 and 2012; 

16 ‘‘(C) $3,200,000,000 for fiscal year 2013; 

17 and 

18 ‘‘(D) $6,000,000,000 for fiscal year 2014. 

19 ‘‘(2) AVAILABILITY.—Amounts made available 

20 under this subsection shall remain available until ex21 pended. 

22 ‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of 

23 the amount made available under paragraph (1) to 

24 carry out this section for a fiscal year, the Adminis25 trator may reserve not more than $1,000,000 per 


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1 year to pay the costs of conducting needs surveys 

2 under subsection (h).’’. 

3 SEC. 208. NEGOTIATION OF CONTRACTS. 

4 Section 1452 of the Safe Drinking Water Act (42 

5 U.S.C. 300j–12) is amended by adding at the end the fol6 lowing: 

7 ‘‘(s) NEGOTIATION OF CONTRACTS.— 

8 ‘‘(1) IN GENERAL.—A contract to be carried 

9 out using funds directly made available by a capital10 ization grant under this section for program man11 agement, construction management, feasibility stud12 ies, preliminary engineering, design, engineering, 

13 surveying, mapping, or architectural or related serv14 ices shall be negotiated in the same manner as— 

15 ‘‘(A) a contract for architectural and engi16 neering services is negotiated under chapter 11 

17 of title 40, United States Code; or 

18 ‘‘(B) an equivalent State qualifications19 based requirement (as determined by the Gov20 ernor of the State). 

21 ‘‘(2) EXEMPTION FOR SMALL COMMUNITIES.— 

22 Paragraph (1) shall not apply to a contract de23 scribed in that paragraph for program management, 

24 construction management, feasibility studies, pre25 liminary engineering, design, engineering, surveying, 


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1 mapping, or architectural or related services for a 

2 community of 10,000 or fewer individuals.’’. 

3 SEC. 209. CRITICAL DRINKING WATER INFRASTRUCTURE 

4 PROJECTS. 

5 (a) ESTABLISHMENT.—Not later than 180 days after 

6 the date of enactment of this Act, the Administrator shall 

7 establish a program under which grants are provided to 

8 eligible entities for use in carrying out projects and activi9 ties the primary purpose of which is to assist community 

10 water systems in meeting the requirements of the Safe 

11 Drinking Water Act (42 U.S.C. 300f et seq.). 

12 (b) PROJECT SELECTION.—A project that is eligible 

13 to be carried out using funds provided under this section 

14 may include projects that— 

15 (1) develop alternative water sources; 

16 (2) provide assistance to small systems; or 

17 (3) assist a community water system— 

18 (A) to comply with a national primary 

19 drinking water regulation; or 

20 (B) to mitigate groundwater contamina21 tion, including saltwater intrusion. 

22 (c) ELIGIBLE ENTITIES.—An entity eligible to re23 ceive a grant under this section is— 


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1 (1) a community water system as defined in 

2 section 1401 of the Safe Drinking Water Act (42 

3 U.S.C. 300f); or 

4 (2) a system that is located in an area governed 

5 by an Indian Tribe (as defined in section 1401 of 

6 the Safe Drinking Water Act (42 U.S.C. 300f)); 

7 (d) PRIORITY.—In prioritizing projects for implemen8 tation under this section, the Administrator shall give pri9 ority to community water systems that— 

10 (1) serve a community that, under affordability 

11 criteria established by the State under section 

12 1452(d)(3) of the Safe Drinking Water Act (42 

13 U.S.C. 300j–12), is determined by the State to be— 

14 (A) a disadvantaged community; or 

15 (B) a community that may become a dis16 advantaged community as a result of carrying 

17 out an eligible activity; or 

18 (2) serve a community with a population of less 

19 than 10,000 individuals. 

20 (e) LOCAL PARTICIPATION.—In prioritizing projects 

21 for implementation under this section, the Administrator 

22 shall consult with, and consider the priorities of, affected 

23 States, Indian Tribes, and local governments. 

24 (f) COST SHARING.—Before carrying out any project 

25 under this section, the Administrator shall enter into a 


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1 binding agreement with 1 or more non-Federal interests 

2 that shall require the non-Federal interests— 

3 (1) to pay 45 percent of the total costs of the 

4 project, which may include services, materials, sup5 plies, or other in-kind contributions; 

6 (2) to provide any land, easements, rights-of7 way, and relocations necessary to carry out the 

8 project; and 

9 (3) to pay 100 percent of any operation, main10 tenance, repair, replacement, and rehabilitation costs 

11 associated with the project. 

12 (g) WAIVER.—The Administrator may waive the re13 quirement to pay the non-Federal share of the cost of car14 rying out an eligible activity using funds from a grant pro15 vided under this section if the Administrator determines 

16 that an eligible entity is unable to pay, or would experience 

17 significant financial hardship if required to pay, the non18 Federal share. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section— 

21 (1) $230,000,000 for fiscal year 2010; and 

22 (2) $300,000,000 for each of fiscal years 2011 

23 through 2014. 

24 SEC. 210. REDUCING LEAD IN DRINKING WATER. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a community water system (as defined 

4 in section 1401 of the Safe Drinking Water Act 

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

6 (B) a system located in an area governed 

7 by an Indian Tribe (as defined in that section); 

8 (C) a nontransient noncommunity water 

9 system; 

10 (D) a qualified nonprofit organization, as 

11 determined by the Administrator; and 

12 (E) a municipality or State, interstate, or 

13 intermunicipal agency. 

14 (2) LEAD REDUCTION PROJECT.—The term 

15 ‘‘lead reduction project’’ means a project or activity 

16 the primary purpose of which is to reduce the level 

17 of lead in water for human consumption by— 

18 (A) replacement of publicly owned lead 

19 service lines; 

20 (B) capital costs, testing, planning, or 

21 other relevant activities, as determined by the 

22 Administrator, to identify and address condi23 tions (including corrosion control) that con24 tribute to increased lead levels in water for 

25 human consumption; 


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1 (C) assistance to low-income homeowners 

2 to replace privately owned service lines, pipes, 

3 fittings, or fixtures that contain lead; and 

4 (D) education of consumers regarding 

5 measures to reduce exposure to lead from 

6 drinking water or other sources. 

7 (3) LOW-INCOME.—The term ‘‘low-income’’, 

8 with respect to an individual provided assistance 

9 under this section, has such meaning as may be 

10 given the term by the head of the municipality or 

11 State, interstate, or intermunicipal agency with ju12 risdiction over the area to which assistance is pro13 vided. 

14 (4) MUNICIPALITY.—The term ‘‘municipality’’ 

15 means— 

16 (A) a city, town, borough, county, parish, 

17 district, association, or other public entity es18 tablished by, or pursuant to, applicable State 

19 law; and 

20 (B) an Indian tribe (as defined in section 

21 4 of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 450b)). 

23 (b) GRANT PROGRAM.— 

24 (1) ESTABLISHMENT.—Not later than 180 days 

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1 trator shall establish a grant program to provide as2 sistance to eligible entities for lead reduction 

3 projects in the United States. 

4 (2) EVALUATION.—In providing assistance 

5 under this section, the Administrator shall evalu6 ate— 

7 (A) whether an eligible entity applying for 

8 assistance has taken steps to identify the source 

9 of lead in water for human consumption; and 

10 (B) the means by which the proposed lead 

11 reduction project would reduce lead levels in the 

12 applicable water system. 

13 (3) PRIORITY APPLICATION.—In providing 

14 grants under this subsection, the Administrator shall 

15 give priority to an eligible entity that— 

16 (A) carries out a lead reduction project at 

17 a public water system or nontransient non18 community water system that has exceeded the 

19 lead action level established by the Adminis20 trator at any time during the 3-year period pre21 ceding the date of submission of the application 

22 of the eligible entity; 

23 (B) addresses lead levels in water for 

24 human consumption at a school, daycare, or 


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1 other facility that primarily serves children or 

2 another vulnerable human subpopulation; or 

3 (C) addresses such priority criteria as the 

4 Administrator may establish, consistent with 

5 the goal of reducing lead levels of concern. 

6 (4) COST SHARING.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the non-Federal share of the total 

9 cost of a project funded by a grant under this 

10 subsection shall be not less than 20 percent. 

11 (B) WAIVER.—The Administrator may re12 duce or eliminate the non-Federal share under 

13 subparagraph (A) for reasons of affordability, 

14 as the Administrator determines to be appro15 priate. 

16 (5) LOW-INCOME ASSISTANCE.— 

17 (A) IN GENERAL.—Subject to subpara18 graphs (B) and (C), an eligible entity may use 

19 a grant provided under this subsection to pro20 vide assistance to low-income homeowners to 

21 carry out lead reduction projects. 

22 (B) LOW-INCOME ASSISTANCE CAP.—Of 

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1 owners under this paragraph for any fiscal 

2 year. 

3 (C) LIMITATION.—The amount of a grant 

4 provided to a low-income homeowner under this 

5 paragraph shall not exceed $5,000. 

6 (6) SPECIAL CONSIDERATION FOR LEAD SERV7 ICE LINE REPLACEMENT.—In carrying out lead serv8 ice line replacement using a grant under this sub9 section, an eligible entity shall— 

10 (A) notify customers of the replacement of 

11 any publicly owned portion of the lead service 

12 line; 

13 (B) offer to replace the privately owned 

14 portion of the lead service line at the cost of re15 placement; 

16 (C) recommend measures to avoid exposure 

17 to short-term increases in lead levels following 

18 a partial lead service line replacement; and 

19 (D) demonstrate that the eligible entity 

20 has considered multiple options for reducing 

21 lead in drinking water, including an evaluation 

22 of options for corrosion control. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $60,000,000 for each of fiscal years 2010 through 2014. 


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1 TITLE III—MISCELLANEOUS 

2 SEC. 301. DEFINITION OF ACADEMY. 

3 In this title, the term ‘‘Academy’’ means the National 

4 Academy of Sciences. 

5 SEC. 302. PROGRAM FOR WATER QUALITY ENHANCEMENT 

6 AND MANAGEMENT. 

7 (a) INNOVATIVE TECHNOLOGY AND ALTERNATIVE

8 APPROACHES GRANT PROGRAM.— 

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

10 the date of enactment of this Act, the Administrator 

11 shall establish a program to provide grants to, and 

12 enter into contracts and cooperative agreements 

13 with, research institutions, institutions of higher 

14 education, National Laboratories, and other appro15 priate entities (including consortia of such institu16 tions and entities), through a competitive process, in 

17 accordance with the plan developed under subsection 

18 (b), for research regarding, and development of the 

19 use of, innovative and alternative technologies to im20 prove water quality, drinking water supply, or water 

21 use efficiency and conservation. 

22 (2) TYPES OF PROJECTS.—In carrying out this 

23 subsection, the Administrator may select projects re24 lating to such matters as innovative or alternative 

25 technologies, approaches, practices, or methods— 


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1 (A) to increase the effectiveness and effi2 ciency of water and wastewater infrastructure 

3 through the use of integrated water resource 

4 management; 

5 (B) to increase the effectiveness and effi6 ciency of public water systems, including— 

7 (i) source water protection; 

8 (ii) water use reduction; 

9 (iii) water collection, storage, and 

10 treatment and reuse of rainwater, 

11 stormwater, and graywater; 

12 (iv) identification of behavioral, social, 

13 and economic barriers to achieving greater 

14 water use efficiency; 

15 (v) use of watershed planning directed 

16 toward water quality, conservation, and 

17 supply; 

18 (vi) actions to reduce energy con19 sumption; 

20 (vii) water treatment; 

21 (viii) water distribution and waste22 water collection systems; 

23 (ix) desalination; and 

24 (x) water security; 


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1 (C) to encourage the use of innovative or 

2 alternative technologies or approaches relating 

3 to water supply or availability; 

4 (D) to increase the effectiveness and effi5 ciency of new and existing treatment works, in6 cluding— 

7 (i) methods of collecting, treating, dis8 persing, reusing, reclaiming, and recycling 

9 wastewater; 

10 (ii) system design; 

11 (iii) nonstructural alternatives; 

12 (iv) decentralized approaches; 

13 (v) stormwater and wastewater reuse; 

14 (vi) water use efficiency and conserva15 tion; 

16 (vii) actions to reduce energy con17 sumption; 

18 (viii) technologies to extract energy 

19 from wastewater; and 

20 (ix) wastewater security; 

21 (E) to increase the effectiveness and effi22 ciency of municipal separate storm sewer sys23 tems and combined sewer systems, including 

24 through the use of soil and vegetation or other 

25 permeable materials; 


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1 (F) to promote new water treatment tech2 nologies and management approaches, including 

3 commercialization and dissemination strategies 

4 for adoption of innovative water, wastewater, 

5 and stormwater technologies and management 

6 approaches or low-impact development tech7 nologies in the homebuilding industry; or 

8 (G) to maintain a clearinghouse of tech9 nologies and management approaches developed 

10 under this subsection and subsections (c) and 

11 (d) at a research consortium or institute or 

12 other appropriate organization, as determined 

13 by the Administrator. 

14 (3) FACTORS FOR CONSIDERATION.—In plan15 ning and implementing the program under this sub16 section, the Administrator shall take into consider17 ation— 

18 (A) research needs identified by water re19 source managers, State and local governments, 

20 and other interested parties; and 

21 (B) technologies and processes likely to 

22 achieve the greatest increases in water quality, 

23 drinking water supply, or water use efficiency 

24 and conservation. 


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1 (4) MINORITY-SERVING INSTITUTIONS.—In car2 rying out the program under this subsection, the Ad3 ministrator— 

4 (A) may provide extramural grants to in5 stitutions of higher education; and 

6 (B) shall encourage participation by minor7 ity-serving institutions. 

8 (b) STRATEGIC RESEARCH PLAN.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this Act, the Adminis11 trator, in coordination with the heads of other ap12 propriate Federal departments and agencies, shall 

13 develop a strategic research plan for the grant pro14 gram under subsection (a). 

15 (2) REQUIREMENTS.— 

16 (A) COORDINATION.—The plan under 

17 paragraph (1) shall be carried out, to the max18 imum extent practicable, in coordination with 

19 other research and development strategic plans 

20 of the Environmental Protection Agency. 

21 (B) CONTENTS.—The plan under para22 graph (1) shall— 

23 (i) describe, in outline form, research 

24 goals and priorities relating to an agenda 

25 of water quality, drinking water supply, 


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1 and water use efficiency and conservation, 

2 including— 

3 (I) developing innovative water 

4 supply-enhancing processes and tech5 nologies; 

6 (II) improving existing processes 

7 and technologies, including waste8 water treatment, desalination, and 

9 groundwater recharge and recovery 

10 schemes; 

11 (III) improving the effectiveness 

12 and efficiency of nontraditional waste13 water treatment practices, including 

14 nonstructural alternatives, low-impact 

15 development techniques, and decen16 tralized approaches; and 

17 (IV) exploring concepts that ex18 tract energy from wastewater; 

19 (ii)(I) identify current Federal water20 related research efforts directed toward 

21 achieving the goals of improving water 

22 quality, water use efficiency, or water con23 servation or expanding water supply; and 

24 (II) describe the means by which 

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1 gram established under subsection (a) in 

2 order to leverage resources and avoid du3 plication; 

4 (iii) take into consideration the public 

5 health and environmental quality impacts 

6 and cost-effectiveness of each relevant 

7 technology and approach; and 

8 (iv) take into consideration and incor9 porate, as appropriate, recommendations 

10 contained in reports and studies conducted 

11 by Federal departments and agencies, the 

12 National Research Council, the National 

13 Science and Technology Council, and other 

14 appropriate entities. 

15 (3) SCIENCE ADVISORY BOARD REVIEW.—The 

16 Administrator shall submit the plan under para17 graph (1) to the Science Advisory Board of the En18 vironmental Protection Agency for review. 

19 (4) REVISIONS.—The plan under paragraph (1) 

20 shall be revised and amended as necessary to reflect 

21 updated scientific findings and national research pri22 orities. 

23 (c) MUNICIPALITIES GRANT PROGRAM.— 

24 (1) DEFINITION OF MUNICIPALITY.—In this 

25 subsection, the term ‘‘municipality’’ means— 


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1 (A) a city, town, borough, county, parish, 

2 district, association, authority, or other public 

3 entity established by, or pursuant to, State law; 

4 or 

5 (B) an Indian tribe (as defined in section 

6 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 450b)). 

8 (2) ESTABLISHMENT.—Not later than 90 days 

9 after the date of publication of the initial report 

10 under subsection (e)(2), the Administrator shall es11 tablish a nationwide demonstration grant program— 

12 (A) to promote innovations in technology 

13 and alternative approaches to water quality 

14 management or water supply developed under 

15 subsection (a); and 

16 (B) to reduce costs to municipalities in17 curred in complying with the Federal Water 

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

19 and the Safe Drinking Water Act (42 U.S.C. 

20 300f et seq.) through the approaches and tech21 nologies developed under subsection (a). 

22 (3) SCOPE.—The demonstration grant program 

23 shall consist of up to 10 projects each year, to be 

24 carried out in municipalities selected by the Admin25 istrator under paragraph (5). 


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1 (4) APPLICATIONS.—A municipality that seeks 

2 to participate in the demonstration grant program 

3 established under this subsection shall submit to the 

4 Administrator a plan that— 

5 (A) is developed in coordination with— 

6 (i) the agencies of the State having 

7 jurisdiction over water quality and water 

8 supply matters; and 

9 (ii) interested stakeholders, including 

10 institutions of higher education and related 

11 research institutions; 

12 (B) describes water impacts specific to 

13 urban or rural areas; 

14 (C) includes a strategy under which the 

15 municipality, through participation in the dem16 onstration grant program, could effectively— 

17 (i) address water quality or water 

18 supply problems; and 

19 (ii) achieve the water quality goals 

20 that— 

21 (I) could be achieved using more 

22 traditional methods; and 

23 (II) are required under the Fed24 eral Water Pollution Control Act (33 

25 U.S.C. 1251 et seq.) or the Safe 


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1 Drinking Water Act (42 U.S.C. 300f 

2 et seq.); and 

3 (D) includes a schedule for achieving the 

4 water quality, water supply, or water use effi5 ciency and conservation goals of the munici6 pality. 

7 (5) CATEGORIES OF PROJECTS.— 

8 (A) IN GENERAL.—In carrying out the 

9 demonstration grant program, the Adminis10 trator shall provide grants for— 

11 (i) projects relating to water supply, 

12 water quality, or water use efficiency and 

13 conservation matters described in sub14 section (a)(2); and 

15 (ii) subject to subparagraph (B), not 

16 less than 2 projects for the incorporation 

17 into a building of the most current water 

18 use efficiency and conservation tech19 nologies and designs. 

20 (B) PROJECTS FOR INCORPORATION.— 

21 (i) INCREMENTAL COST LIMITA22 TION.—A grant provided under subpara23 graph (A)(ii) may be used only to pay the 

24 incremental costs of incorporation into a 


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1 building of a water use efficiency and con2 servation technology or design. 

3 (ii) TYPES OF BUILDINGS.—Of the 

4 projects for which grants are provided 

5 under subparagraph (A)(ii)— 

6 (I) at least 1 shall be for a resi7 dential building; and 

8 (II) at least 1 shall be for a com9 mercial building. 

10 (iii) PUBLIC AVAILABILITY.—The de11 sign of each building for which a grant is 

12 provided under subparagraph (A)(ii) shall 

13 be made available to the public, and each 

14 such building shall be accessible to the 

15 public for tours and educational purposes. 

16 (6) RESPONSIBILITIES OF ADMINISTRATOR.—In 

17 providing grants for projects under this subsection, 

18 the Administrator shall— 

19 (A) ensure, to the maximum extent prac20 ticable, that— 

21 (i) the demonstration grant program 

22 under this subsection includes a variety of 

23 projects with respect to— 

24 (I) geographical distribution; 


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1 (II) innovative technologies used 

2 for the projects; and 

3 (III) nontraditional approaches 

4 (including low-impact development 

5 technologies) used for the projects; 

6 and 

7 (ii) each category of project described 

8 in paragraph (5) is adequately represented; 

9 (B) give higher priority to projects that— 

10 (i) address multiple problems; and 

11 (ii) are regionally applicable; 

12 (C) ensure, to the maximum extent prac13 ticable, that at least 1 community having a pop14 ulation of 10,000 or fewer individuals receives 

15 a grant for each fiscal year; and 

16 (D) ensure that, for each fiscal year, no 

17 municipality receives more than 25 percent of 

18 the total amount of funds made available for 

19 the fiscal year to provide grants under this sub20 section. 

21 (7) COST SHARING.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the non-Federal share of the 

24 total cost of a project funded by a grant under 


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1 this subsection shall be not less than 20 per2 cent. 

3 (B) WAIVER.—The Administrator may re4 duce or eliminate the non-Federal share of the 

5 cost of a project for reasons of affordability. 

6 (d) INCORPORATION OF RESULTS AND INFORMA7 TION.— 

8 (1) TECHNOLOGY TRANSFER.—The Adminis9 trator, taking into consideration the results of the 

10 projects carried out using grants under subsections 

11 (a) and (c), shall— 

12 (A) facilitate the adoption of technologies 

13 and processes to promote increased water qual14 ity, drinking water supply, and water use effi15 ciency and conservation; and 

16 (B) collect and disseminate information, 

17 including through the establishment of a pub18 licly accessible clearinghouse, regarding those 

19 technologies and processes, including informa20 tion on— 

21 (i) incentives and impediments to de22 velopment and commercialization; 

23 (ii) best practices; and 

24 (iii) anticipated increases in water 

25 quality, drinking water supply, and water 


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1 use efficiency and conservation resulting 

2 from the implementation of specific tech3 nologies and processes. 

4 (2) INCORPORATION OF RESULTS AND INFOR5 MATION.—To the maximum extent practicable, the 

6 Administrator shall incorporate the results of, and 

7 information obtained from, successful projects under 

8 this section into other programs administered by the 

9 Administrator. 

10 (e) REPORTS.— 

11 (1) REPORTS FROM GRANT RECIPIENTS.—A re12 cipient of a grant under this section shall submit to 

13 the Administrator, on the date of completion of a 

14 project of the recipient and on each of the dates that 

15 is 1, 2, and 3 years after that date, a report that 

16 describes the effectiveness of the project. 

17 (2) REPORTS TO CONGRESS.—Not later than 2 

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

19 not less frequently than once every 2 years there20 after, the Administrator shall submit to the Com21 mittee on Environment and Public Works of the 

22 Senate and the Committees on Transportation and 

23 Infrastructure and Energy and Commerce of the 

24 House of Representatives a report describing— 


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1 (A) the findings of each recipient of a 

2 grant under subsection (a) with respect to the 

3 identification of any potential new technology or 

4 management approach developed by the recipi5 ent; and 

6 (B) the status and results of the grant 

7 program under subsection (c). 

8 (f) WATER MANAGEMENT STUDY AND REPORT.— 

9 (1) DEFINITIONS.—In this subsection: 

10 (A) LOW-IMPACT APPROACH.—The term 

11 ‘‘low-impact approach’’ means a strategy that 

12 manages rainfall at the source using decentral13 ized microscale controls to mimic the 

14 predevelopment hydrology of the relevant site 

15 by using a design technique that infiltrates, fil16 ters, stores, evaporates, and detains runoff close 

17 to the source. 

18 (B) SOFT PATH APPROACH.—The term 

19 ‘‘soft path approach’’ means a general frame20 work that encompasses— 

21 (i) increased efficiency of water use; 

22 (ii) integration of water supply, waste23 water treatment, and stormwater manage24 ment systems; and 


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1 (iii) protection, restoration, and effec2 tive use of the natural capacities of eco3 systems to provide clean water. 

4 (2) STUDY.— 

5 (A) IN GENERAL.—Not later than 60 days 

6 after the date of enactment of this Act, the Ad7 ministrator shall enter into an arrangement 

8 with the National Academy of Sciences under 

9 which the Academy shall conduct a study, by 

10 not later than 2 years after that date, of inno11 vative, effective, and systematic approaches for 

12 the management of water supply, wastewater, 

13 and stormwater. 

14 (B) CONTENTS.—The study shall— 

15 (i) be based on and enhance, to the 

16 maximum extent practicable, relevant stud17 ies previously conducted by the Academy; 

18 (ii) focus in particular on soft-path 

19 approaches and low-impact approaches to 

20 the management described in subpara21 graph (A); 

22 (iii) take into consideration the costs 

23 of each approach analyzed by the study; 

24 (iv) examine and compare the state of 

25 research, technology development, and 


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1 emerging practices in other developed and 

2 developing countries with those in the 

3 United States; 

4 (v) identify and evaluate relevant sys5 tem approaches for comprehensive water 

6 management, including the interrelation7 ship of water systems with other major 

8 systems, such as energy and transportation 

9 systems; 

10 (vi) identify priority research and de11 velopment needs; and 

12 (vii) assess implementation needs and 

13 barriers. 

14 (C) AUTHORIZATION OF APPROPRIA15 TIONS.—There is authorized to be appropriated 

16 to carry out this paragraph $1,000,000 for the 

17 period of fiscal years 2010 through 2012. 

18 (3) REPORT.— 

19 (A) IN GENERAL.—Not later than 3 years 

20 after the date of enactment of this Act, the Ad21 ministrator shall submit to the Committee on 

22 Environment and Public Works of the Senate 

23 and the Committee on Science and Technology 

24 of the House of Representatives a report deVerDate Nov 24 2008 06:47 May 08, 2009 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 scribing the key findings of the study under 

2 paragraph (2). 

3 (B) INCLUSIONS.—The report under sub4 paragraph (A) shall include— 

5 (i) an evaluation of relevant chal6 lenges and opportunities; and 

7 (ii) recommendations for innovative 

8 and integrated solutions for use as a prac9 tical reference by water managers, plan10 ners, developers, scientists, engineers, non11 governmental organizations, Federal de12 partments and agencies, and regulators. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $40,000,000 for each of fiscal years 2010 through 2014. 

16 SEC. 303. AGRICULTURAL WATERSHED SUSTAINABILITY 

17 TECHNOLOGY GRANT PROGRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) AGRICULTURAL COMMODITY.—The term 

20 ‘‘agricultural commodity’’ means— 

21 (A) agricultural, horticultural, viticultural, 

22 and dairy products; 

23 (B) livestock and the products of livestock; 

24 (C) the products of poultry and bee rais25 ing; 


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1 (D) the products of forestry; and 

2 (E) other commodities raised or produced 

3 on agricultural sites, as determined to be appro4 priate by the Secretary of Agriculture. 

5 (2) AGRICULTURAL PROJECT.—The term ‘‘agri6 cultural project’’ means an agricultural watershed 

7 sustainability technology pilot project that, as deter8 mined by the Administrator— 

9 (A) is carried out at an agricultural site; 

10 (B)(i) achieves demonstrable improvements 

11 in water quality that meet or exceed those man12 dated by statutory or regulatory requirements; 

13 or 

14 (ii) improves water use efficiency; and 

15 (C) will not substantially adversely affect 

16 agricultural commodity production, yield, profit17 ability, or any other long-term environmental 

18 medium, including air and groundwater re19 sources. 

20 (3) AGRICULTURAL SITE.—The term ‘‘agricul21 tural site’’ means a farming or ranching operation of 

22 a producer in the United States. 

23 (4) PRODUCER.—The term ‘‘producer’’ means 

24 any person or group of persons (including an irriga25 tion district and a drainage district) engaged in the 


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1 production and sale of an agricultural commodity 

2 that owns, or shares the ownership and risk of loss 

3 of, the agricultural commodity. 

4 (5) REVOLVING FUND.—The term ‘‘revolving 

5 fund’’ means an agricultural watershed sustain6 ability technology revolving fund— 

7 (A) that is established by a State using 

8 amounts provided under subsection (b)(1); 

9 (B) that is maintained and credited with 

10 repayments; and 

11 (C) the balance of which shall be available 

12 in perpetuity for providing financial assistance. 

13 (b) GRANTS FOR AGRICULTURAL STATE REVOLVING

14 FUNDS.— 

15 (1) IN GENERAL.—As soon as practicable after 

16 the date of enactment of this section, the Adminis17 trator shall provide to each eligible State described 

18 in paragraph (2) 1 or more capitalization grants, 

19 that cumulatively equal no more than $1,000,000 

20 per State, for use in establishing, within an agency 

21 of the State having jurisdiction over agriculture or 

22 environmental quality, an agricultural watershed 

23 sustainability technology revolving fund. 

24 (2) ELIGIBLE STATES.—An eligible State re25 ferred to in paragraph (1) is a State that agrees, 


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1 prior to receipt of a capitalization grant under para2 graph (1)— 

3 (A) to establish, and deposit the funds 

4 from the grant in, a revolving fund; 

5 (B) to provide, at a minimum, a State 

6 share in an amount equal to 20 percent of the 

7 capitalization grant; 

8 (C) to use amounts in the revolving fund 

9 to make loans to producers in accordance with 

10 subsection (c); and 

11 (D) to return amounts in the revolving 

12 fund if no loan applications are granted within 

13 2 years of the receipt of the initial capitaliza14 tion grant. 

15 (c) LOANS TO PRODUCERS.— 

16 (1) USE OF FUNDS.—A State that establishes 

17 a revolving fund under subsection (b)(2) shall use 

18 amounts in the revolving fund to provide loans to 

19 producers for use in designing and constructing ag20 ricultural projects. 

21 (2) MAXIMUM AMOUNT OF LOAN.—The amount 

22 of a loan made to a producer using funds from a re23 volving fund shall not exceed $250,000, in the ag24 gregate, for all agricultural projects serving an agri25 cultural site of the producer. 


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1 (3) CONDITIONS ON LOANS.—A loan made to a 

2 producer using funds from a revolving fund shall— 

3 (A) have an interest rate that is not more 

4 than the market interest rate, including an in5 terest-free loan; and 

6 (B) be repaid to the revolving fund not 

7 later than 20 years after the date on which 

8 funds are initially disbursed. 

9 (d) REQUIREMENTS FOR PRODUCERS.— 

10 (1) IN GENERAL.—A producer that seeks to re11 ceive a loan from a revolving fund shall— 

12 (A) submit to the State within the jurisdic13 tion of which the agricultural site of the pro14 ducer is located an application that— 

15 (i) contains such information as the 

16 State may require; and 

17 (ii) demonstrates, to the satisfaction 

18 of the State, that each project proposed to 

19 be carried out with funds from the loan is 

20 an agricultural project; and 

21 (B) agree to expend all funds from a loan 

22 in an expeditious and timely manner, as deter23 mined by the State. 

24 (2) MAXIMUM PERCENTAGE OF AGRICULTURAL

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1 ducer that receives a loan from a revolving fund may 

2 use funds from the loan to pay up to 100 percent 

3 of the cost of carrying out an agricultural project. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $50,000,000. 

7 SEC. 304. STATE REVOLVING FUND REVIEW PROCESS. 

8 As soon as practicable after the date of enactment 

9 of this Act, the Administrator shall— 

10 (1) consult with States, utilities, nonprofit orga11 nizations, and other Federal agencies providing fi12 nancial assistance to identify ways to expedite and 

13 improve the application and review process, for the 

14 provision of assistance from— 

15 (A) the State water pollution control re16 volving funds established under title VI of the 

17 Federal Water Pollution Control Act (33 U.S.C. 

18 1381 et seq.); and 

19 (B) the State drinking water treatment re20 volving loan funds established under section 

21 1452 of the Safe Drinking Water Act (42 

22 U.S.C. 300j–12); 

23 (2) in carrying out this section, the Adminis24 trator shall consider the needs of small treatment 

25 works (as defined by section 222 of the Federal 


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1 Water Pollution Control Act and small public water 

2 systems (as described in section 1433(d) of the Safe 

3 Drinking Water Act (42 U.S.C. 300i–2(d)); 

4 (3) take such administrative action as is nec5 essary to expedite and improve the process as the 

6 Administrator has authority to take under existing 

7 law; 

8 (4) collect information relating to innovative ap9 proaches taken by any State to simplify the applica10 tion process of the State, and provide the informa11 tion to each State; and 

12 (5) submit to Congress a report that, based on 

13 the information identified under paragraph (1), con14 tains recommendations for legislation to facilitate 

15 further streamlining and improvement of the proc16 ess. 

17 SEC. 305. COST OF SERVICE STUDY. 

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

19 date of enactment of this Act, the Administrator shall 

20 enter an arrangement with the Academy under which the 

21 Academy shall complete and provide to the Administrator 

22 the results of a study of the means by which public water 

23 systems and treatment works selected by the Academy in 

24 accordance with subsection (c) meet the costs associated 


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1 with operations, maintenance, capital replacement, and 

2 regulatory requirements. 

3 (b) REQUIRED ELEMENTS.— 

4 (1) AFFORDABILITY.—The study shall, at a 

5 minimum— 

6 (A) determine whether the rates at public 

7 water systems and treatment works for commu8 nities included in the study were established 

9 using a full-cost pricing model; 

10 (B) if a full-cost pricing model was not 

11 used, identify any incentive rate systems that 

12 have been successful in significantly reducing— 

13 (i) per capita water demand; 

14 (ii) the volume of wastewater flows; 

15 (iii) the volume of stormwater runoff; 

16 or 

17 (iv) the quantity of pollution gen18 erated by stormwater; 

19 (C) identify a set of best industry practices 

20 that public water systems and treatment works 

21 may use in establishing a rate structure that— 

22 (i) adequately addresses the true cost 

23 of services provided to consumers by public 

24 water systems and treatment works, in25 cluding infrastructure replacement; 


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1 (ii) encourages water conservation; 

2 and 

3 (iii) takes into consideration the needs 

4 of disadvantaged individuals and commu5 nities, as identified by the Administrator; 

6 (D) identify existing standards for afford7 ability and the manner in which those stand8 ards are determined and defined; 

9 (E) determine the manner in which afford10 ability varies with respect to communities of 

11 different sizes and in different regions; and 

12 (F) determine the extent to which afford13 ability affects the decision of a community to 

14 increase public water system and treatment 

15 works rates (including the decision relating to 

16 the percentage by which those rates should be 

17 increased). 

18 (2) DISADVANTAGED COMMUNITIES.—The 

19 study shall, at a minimum— 

20 (A) survey a cross-section of States rep21 resenting different sizes, demographics, and 

22 geographical regions; 

23 (B) describe, for each State described in 

24 subparagraph (A), the definition of ‘‘disadvan25 taged community’’ used in the State in carrying 


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1 out projects and activities under the Safe 

2 Drinking Water Act (42 U.S.C. 300f et seq.); 

3 (C) review other means of identifying the 

4 meaning of the term ‘‘disadvantaged’’, as that 

5 term applies to communities; 

6 (D) determine which factors and character7 istics are required for a community to be con8 sidered ‘‘disadvantaged’’; and 

9 (E) evaluate the degree to which factors 

10 such as a reduction in the tax base over a pe11 riod of time, a reduction in population, the loss 

12 of an industrial base, and the existence of areas 

13 of concentrated poverty are taken into account 

14 in determining whether a community is a dis15 advantaged community. 

16 (c) SELECTION OF COMMUNITIES.—The Academy 

17 shall select communities, the public water system and 

18 treatment works rate structures of which are to be studied 

19 under this section, that include a cross-section of commu20 nities representing various populations, income levels, de21 mographics, and geographical regions. 

22 (d) USE OF RESULTS OF STUDY.—On receipt of the 

23 results of the study, the Administrator shall— 

24 (1) submit the study to Congress; 


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1 (2) submit a report that describes the results of 

2 the study; and 

3 (3) make the results available to treatment 

4 works and public water systems for use by the pub5 licly owned treatment works and public water sys6 tems, on a voluntary basis, in determining whether 

7 1 or more new approaches may be implemented at 

8 facilities of the publicly owned treatment works and 

9 public water systems. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section 

12 $1,000,000 for each of fiscal years 2010 and 2014. 

13 SEC. 306. EFFECTIVE UTILITY MANAGEMENT STRATEGIES. 

14 (a) DEFINITIONS.—In this section: 

15 (1) EFFECTIVE UTILITY MANAGEMENT STRAT16 EGY.—The term ‘‘effective utility management strat17 egy’’ means a strategy for the operation and man18 agement of a utility that, as determined by the Ad19 ministrator, incorporates the following attributes: 

20 (A) Product quality. 

21 (B) Stakeholder understanding and sup22 port. 

23 (C) Customer satisfaction. 

24 (D) Employee development. 

25 (E) Operational optimization. 


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1 (F) Financial viability. 

2 (G) Infrastructure stability. 

3 (H) Operational resiliency. 

4 (I) Community sustainability. 

5 (J) Water resource adequacy. 

6 (2) UTILITY.—The term ‘‘utility’’ means— 

7 (A) a treatment works (as defined in sec8 tion 212 of the Federal Water Pollution Control 

9 Act (33 U.S.C. 1292)); and 

10 (B) a public water system (as defined in 

11 section 1401 of the Safe Drinking Water Act 

12 (42 U.S.C. 300f)). 

13 (b) ACTION BY ADMINISTRATOR.—The Adminis14 trator may carry out training programs, provide technical 

15 assistance, and disseminate information regarding effec16 tive utility management strategies, including by— 

17 (1) providing seminars and workshops (includ18 ing electronic-based seminars and workshops), con19 ferences, and other educational programs and devel20 oping curricula to advance effective utility manage21 ment strategies; 

22 (2) offering support and advice (including fi23 nancial, operational, and management advice) to 

24 utility operators and managers regarding effective 

25 utility management strategies; and 


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1 (3) publishing and disseminating manuals on 

2 best management practices and other relevant infor3 mation, success stories, and lessons learned relating 

4 to effective utility management strategies. 

5 (c) PARTNER ORGANIZATIONS.—In carrying out sub6 section (b), the Administrator may enter into cooperative 

7 agreements, as the Administrator determines to be appro8 priate, with— 

9 (1) stakeholder associations; 

10 (2) qualified nonprofit organizations; and 

11 (3) other relevant organizations, as determined 

12 by the Administrator. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $1,000,000 for each of fiscal years 2010 through 2014. 

16 SEC. 307. WATERSENSE PROGRAM. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Environmental Protection Agency a program, to be 

19 known as the ‘‘WaterSense Program’’, to identify and pro20 mote voluntary approaches to increase water efficiency in 

21 the United States to reduce the strain on water and waste22 water infrastructure and conserve water resources for fu23 ture generations through voluntary labeling, promotion, or 

24 other forms of communication regarding water efficient 

25 products, programs, processes, buildings, landscapes, faVerDate Nov 24 2008 06:47 May 08, 2009 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1005.IS S1005

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1 cilities, and services that meet the highest water conserva2 tion and performance standards. 

3 (b) ADMINISTRATION.—The WaterSense Program 

4 shall be carried out by the Administrator. 

5 (c) DUTIES.—In carrying out the WaterSense Pro6 gram, the Administrator shall— 

7 (1) establish— 

8 (A) a WaterSense label to be used for cer9 tain items; and 

10 (B) the procedure by which an item may 

11 be certified to display the WaterSense label; 

12 (2) promote products displaying the 

13 WaterSense label as the preferred technologies in 

14 the market place for— 

15 (A) reducing water use; and 

16 (B) ensuring product performance; 

17 (3) work to enhance public awareness of the 

18 WaterSense label; 

19 (4) preserve the integrity of the WaterSense 

20 label by— 

21 (A) developing specifications to ensure reli22 able performance of WaterSense-labeled prod23 ucts, buildings, landscapes, and services; 

24 (B) overseeing WaterSense certifications 

25 made by third parties; 


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1 (C) conducting reviews of the use of the 

2 WaterSense label in the marketplace and taking 

3 corrective action in any case in which misuse of 

4 the label is identified; and 

5 (D) carrying out such other measures as 

6 the Administrator determines to be appropriate; 

7 (5) regularly research and update WaterSense 

8 product criteria for each applicable category of prod9 ucts; 

10 (6) solicit comments from interested parties be11 fore establishing or revising a WaterSense product 

12 category, specification, or criterion (or before the ef13 fective date for any such product category, specifica14 tion, or criterion, as applicable); 

15 (7) on adoption of a new or revised product cat16 egory, specification, or criterion, provide reasonable 

17 notice to interested parties regarding— 

18 (A) any change (including a change of ef19 fective date) to the product category, specifica20 tion, or criterion; 

21 (B) an explanation of the change; and 

22 (C) as appropriate, responses to comments 

23 submitted by interested parties regarding the 

24 product category, specification, or criterion; 


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1 (8) provide appropriate lead time, as deter2 mined by the Administrator, before the applicable ef3 fective date for a new or significant revision to a 

4 product category, specification, or criterion, taking 

5 into account the timing requirements of the manu6 facturing, product marketing, and distribution proc7 ess for the specific product, programs, processes, 

8 buildings, landscapes, facilities, or services ad9 dressed; and 

10 (9) identify and, where appropriate, implement 

11 other voluntary approaches in commercial, institu12 tional, and industrial sectors to improve water effi13 ciency. 

14 (d) ANNUAL REPORTS.—Not less frequently than 

15 once each year, the Administrator shall prepare and make 

16 publicly available a report describing the activities carried 

17 out under this section, including, to the maximum extent 

18 practicable— 

19 (1) available information regarding sales in 

20 each WaterSense product category; and 

21 (2) the savings of water, energy, and capital 

22 costs of water, wastewater, and stormwater infra23 structure attributable to the WaterSense program 

24 and each category of WaterSense product, expressed 

25 on a national, regional, State, and watershed level. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section— 

3 (1) $5,000,000 for each of fiscal years 2010 

4 and 2011; 

5 (2) $7,500,000 for each of fiscal years 2012 

6 and 2013; and 

7 (3) $10,000,000 for fiscal year 2014. 

Æ 


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