```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2226 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2226

 To establish a WaterSense program within the Environmental Protection 
                                Agency.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2014

 Mr. Udall of New Mexico introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To establish a WaterSense program within the Environmental Protection 
                                Agency.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``WaterSense Efficiency, Conservation, 
and Adaptation Act of 2014''.

SEC. 2. WATER EFFICIENCY, CONSERVATION, AND ADAPTATION.

    (a) Findings.--Congress finds that--
            (1)(A) human-induced climate change is affecting the 
        natural water cycle, decreasing precipitation levels in the 
        West, especially the Southwest, and making droughts and floods 
        more frequent and more intense;
            (B) declining precipitation levels will severely impact 
        water supplies in Southwestern States; and
            (C) a sharp increase in the number of days with very heavy 
        precipitation throughout the Northeast and the Midwest will 
        stress aging water infrastructure;
            (2) changes in the water cycle caused by climate 
        disruptions will adversely affect water infrastructure, energy 
        production and use, human health, transportation, agriculture, 
        and ecosystems, while also aggravating water disputes across 
        the United States;
            (3)(A) the Colorado River, which supplies water for more 
        than 30,000,000 people, is experiencing the worst drought in 
        more than 100 years of recordkeeping; and
            (B) the primary reservoirs of the Colorado River Basin and 
        Lakes Mead and Powell have lost nearly half of the storage 
        waters of the reservoirs and Lakes, and clean hydropower 
        generated from Hoover Dam risks reduction if the extended 
        drought persists;
            (4) States and local governments and water utilities can 
        begin to address the challenges described in this subsection by 
        providing incentives for water efficiency and conservation, 
        while also planning and investing in infrastructure to adapt to 
        the impacts of climate change, particularly those impacts 
        already affecting the United States;
            (5) residential water demand can be reduced by 25 to 40 
        percent using existing, cost-effective technologies that also 
        can reduce the water bills of consumers by hundreds of dollars 
        per year; and
            (6) water and energy use are inseparable activities, and 
        supplying and treating water consumes around 4 percent of the 
        electricity of the United States, and electricity makes up 75 
        percent of the cost of processing and delivering municipal 
        water.
    (b) Definition of Administrator.--In this Act, the term 
``Administrator'' means the Administrator of the Environmental 
Protection Agency.
    (c) WaterSense.--
            (1) In general.--There is established within the 
        Environmental Protection Agency a WaterSense program to 
        identify and promote water efficient products, buildings, 
        landscapes, facilities, processes, and services so as--
                    (A) to reduce water use;
                    (B) to reduce the strain on water, wastewater, and 
                stormwater infrastructure;
                    (C) to conserve energy used to pump, heat, 
                transport, and treat water; and
                    (D) to preserve water resources for future 
                generations, through voluntary labeling of, or other 
                forms of communications about, products, buildings, 
                landscapes, facilities, processes, and services that 
                meet the highest water efficiency and performance 
                criteria.
            (2) Duties.--The Administrator shall--
                    (A) establish--
                            (i) a WaterSense label to be used for 
                        certain items; and
                            (ii) the procedure by which an item may be 
                        certified to display the WaterSense label;
                    (B) promote WaterSense-labeled products, buildings, 
                landscapes, facilities, processes, and services in the 
                market place as the preferred technologies and services 
                for--
                            (i) reducing water use; and
                            (ii) ensuring product and service 
                        performance;
                    (C) work to enhance public awareness of the 
                WaterSense label through public outreach, education, 
                and other means;
                    (D) preserve the integrity of the WaterSense label 
                by--
                            (i) establishing and maintaining 
                        performance criteria so that products, 
                        buildings, landscapes, facilities, processes, 
                        and services labeled with the WaterSense label 
                        perform as well or better than less water-
                        efficient counterparts;
                            (ii) overseeing WaterSense certifications 
                        made by third parties;
                            (iii) conducting reviews of the use of the 
                        WaterSense label in the marketplace and taking 
                        corrective action in any case in which misuse 
                        of the label is identified; and
                            (iv) carrying out such other measures as 
                        the Administrator determines to be appropriate;
                    (E) regularly review and, if appropriate, update 
                WaterSense criteria for categories of products, 
                buildings, landscapes, facilities, processes, and 
                services, at least once every 4 years;
                    (F) to the maximum extent practicable, regularly 
                estimate and make available to the public the 
                production and relative market shares of, and the 
                savings of water, energy, and capital costs of water, 
                wastewater, and stormwater infrastructure attributable 
                to the use of WaterSense-labeled products, buildings, 
                landscapes, facilities, processes, and services, at 
                least annually;
                    (G) solicit comments from interested parties and 
                the public prior to establishing or revising a 
                WaterSense category, specification, installation 
                criterion, or other criterion (or prior to effective 
                dates for any such category, specification, 
                installation criterion, or other criterion);
                    (H) provide reasonable notice to interested parties 
                and the public of any changes (including effective 
                dates), on the adoption of a new or revised category, 
                specification, installation criterion, or other 
                criterion, along with--
                            (i) an explanation of the changes; and
                            (ii) as appropriate, responses to comments 
                        submitted by interested parties and the public;
                    (I) provide appropriate lead time (as determined by 
                the Administrator) prior to the applicable effective 
                date for a new or significant revision to a category, 
                specification, installation criterion, or other 
                criterion, taking into account the timing requirements 
                of the manufacturing, marketing, training, and 
                distribution process for the specific product, building 
                and landscape, or service category addressed;
                    (J) identify and, if appropriate, implement other 
                voluntary approaches in commercial, institutional, 
                residential, industrial, and municipal sectors to 
                encourage recycling and reuse technologies to improve 
                water efficiency or lower water use; and
                    (K) if appropriate, apply the WaterSense label to 
                water-using products that are labeled by the Energy 
                Star program implemented by the Administrator and the 
                Secretary of Energy.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection--
                    (A) $7,500,000 for fiscal year 2015;
                    (B) $10,000,000 for fiscal year 2016;
                    (C) $20,000,000 for fiscal year 2017;
                    (D) $50,000,000 for fiscal year 2018; and
                    (E) for each subsequent fiscal year, the applicable 
                amount for the preceding fiscal year, as adjusted to 
                reflect changes for the 12-month period ending the 
                preceding November 30 in the Consumer Price Index for 
                All Urban Consumers published by the Bureau of Labor 
                Statistics of the Department of Labor.
    (d) State Residential Water Efficiency and Conservation Incentives 
Program.--
            (1) Definitions.--In this subsection:
                    (A) Eligible entity.--The term ``eligible entity'' 
                means a State government, local or county government, 
                tribal government, wastewater or sewerage utility, 
                municipal water authority, energy utility, water 
                utility, or nonprofit organization that meets the 
                requirements of paragraph (2).
                    (B) Incentive program.--The term ``incentive 
                program'' means a program for administering financial 
                incentives for consumer purchase and installation of 
                water-efficient products, buildings (including new 
                water-efficient homes), landscapes, processes, or 
                services described in paragraph (2)(A).
                    (C) Residential water-efficient product, building, 
                landscape, process, or service.--
                            (i) In general.--The term ``residential 
                        water-efficient product, building, landscape, 
                        process, or service'' means a product, 
                        building, landscape, process, or service for a 
                        residence or its landscape that is rated for 
                        water efficiency and performance--
                                    (I) by the WaterSense program; or
                                    (II) if a WaterSense specification 
                                does not exist, by the Energy Star 
                                program or an incentive program 
                                approved by the Administrator.
                            (ii) Inclusions.--The term ``residential 
                        water-efficient product, building, landscape, 
                        process, or service'' includes--
                                    (I) faucets;
                                    (II) irrigation technologies and 
                                services;
                                    (III) point-of-use water treatment 
                                devices;
                                    (IV) reuse and recycling 
                                technologies;
                                    (V) toilets;
                                    (VI) clothes washers;
                                    (VII) dishwashers;
                                    (VIII) showerheads;
                                    (IX) xeriscaping and other 
                                landscape conversions that replace 
                                irrigated turf; and
                                    (X) new water efficient homes 
                                certified under the WaterSense program.
                    (D) Watersense program.--The term ``WaterSense 
                program'' means the program established by subsection 
                (c).
            (2) Eligible entities.--An entity shall be eligible to 
        receive an allocation under paragraph (3) if the entity--
                    (A) establishes (or has established) an incentive 
                program to provide financial incentives to residential 
                consumers for the purchase of residential water-
                efficient products, buildings, landscapes, processes, 
                or services;
                    (B) submits an application for the allocation at 
                such time, in such form, and containing such 
                information as the Administrator may require; and
                    (C) provides assurances satisfactory to the 
                Administrator that the entity will use the allocation 
                to supplement, but not supplant, funds made available 
                to carry out the incentive program.
            (3) Amount of allocations.--For each fiscal year, the 
        Administrator shall determine the amount to allocate to each 
        eligible entity to carry out paragraph (4), taking into 
        consideration--
                    (A) the population served by the eligible entity 
                during the most recent calendar year for which data are 
                available;
                    (B) the targeted population of the incentive 
                program of the eligible entity, such as general 
                households, low-income households, or first-time 
                homeowners, and the probable effectiveness of the 
                incentive program for that population;
                    (C) for existing programs, the effectiveness of the 
                program in encouraging the adoption of water-efficient 
                products, buildings, landscapes, facilities, processes, 
                and services;
                    (D) any allocation to the eligible entity for a 
                preceding fiscal year that remains unused; and
                    (E) the per capita water demand of the population 
                served by the eligible entity during the most recent 
                calendar year for which data are available and the 
                accessibility of water supplies to the eligible entity.
            (4) Use of allocated funds.--Funds allocated to an eligible 
        entity under paragraph (3) may be used to pay up to 50 percent 
        of the cost of establishing and carrying out an incentive 
        program.
            (5) Fixture recycling.--Eligible entities are encouraged to 
        promote or implement fixture recycling programs to manage the 
        disposal of older fixtures replaced due to the incentive 
        program under this subsection.
            (6) Issuance of incentives.--
                    (A) In general.--Financial incentives may be 
                provided to residential consumers that meet the 
                requirements of the applicable incentive program.
                    (B) Manner of issuance.--An eligible entity may--
                            (i) issue all financial incentives directly 
                        to residential consumers; or
                            (ii) with approval of the Administrator, 
                        delegate all or part of financial incentive 
                        administration to other organizations, 
                        including local governments, municipal water 
                        authorities, water utilities, and nonprofit 
                        organizations.
                    (C) Amount.--The amount of a financial incentive 
                shall be determined by the eligible entity, taking into 
                consideration--
                            (i) the amount of any Federal or State tax 
                        incentive available for the purchase of the 
                        residential water-efficient product or service;
                            (ii) the amount necessary to change 
                        consumer behavior to purchase water-efficient 
                        products and services; and
                            (iii) the consumer expenditures for onsite 
                        preparation, assembly, and original 
                        installation of the product.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator to carry out this 
        section--
                    (A) $100,000,000 for fiscal year 2015;
                    (B) $150,000,000 for fiscal year 2016;
                    (C) $200,000,000 for fiscal year 2017;
                    (D) $150,000,000 for fiscal year 2018;
                    (E) $100,000,000 for fiscal year 2019; and
                    (F) for each subsequent fiscal year, the applicable 
                amount for the preceding fiscal year, as adjusted to 
                reflect changes for the 12-month period ending the 
                preceding November 30 in the Consumer Price Index for 
                All Urban Consumers published by the Bureau of Labor 
                Statistics of the Department of Labor.
    (e) Blue Bank for Water System Mitigation and Adaptation.--
            (1) Definitions.--In this subsection:
                    (A) Abrupt climate change.--The term ``abrupt 
                climate change'' means a large-scale change in the 
                climate system that--
                            (i) takes place over a few decades or less;
                            (ii) persists (or is anticipated to 
                        persist) for at least a few decades; and
                            (iii) causes substantial disruptions in 
                        human and natural systems.
                    (B) Owner or operator.--
                            (i) In general.--The term ``owner or 
                        operator'' means a person (including a 
                        regional, State, local, municipal, or private 
                        entity) that owns or operates a water system.
                            (ii) Inclusion.--The term ``owner or 
                        operator'' includes a non-Federal entity that 
                        has operational responsibilities for a 
                        federally owned water system.
                    (C) Water system.--The term ``water system'' 
                means--
                            (i) a community water system (as defined in 
                        section 1401 of the Safe Drinking Water Act (42 
                        U.S.C. 300f));
                            (ii) a publicly owned treatment works (as 
                        defined in section 212 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1292)), 
                        including a municipal separate storm sewer 
                        system;
                            (iii) a decentralized wastewater treatment 
                        system for domestic sewage;
                            (iv) a groundwater storage and 
                        replenishment system; or
                            (v) a system for transport and delivery of 
                        water for irrigation or conservation.
            (2) Grants.--Beginning in fiscal year 2015, the 
        Administrator shall make grants to owners or operators of water 
        systems to address any ongoing or forecasted (based on the best 
        available research and data) climate-related impact on the 
        water quality or quantity of a region of the United States, for 
        the purposes of mitigating or adapting to the impacts of 
        climate change.
            (3) Eligible uses.--In carrying out this subsection, the 
        Administrator shall make grants to assist in the planning, 
        design, construction, implementation, or maintenance of any 
        program or project to increase the resilience of a water system 
        to climate change by--
                    (A) conserving water or enhancing water use 
                efficiency, including through the use of water metering 
                to measure the effectiveness of a water efficiency 
                program;
                    (B) modifying or relocating existing water system 
                infrastructure made or projected to be made inoperable 
                by climate change impacts;
                    (C) preserving or improving water quality, 
                including through measures to manage, reduce, treat, or 
                reuse municipal stormwater, wastewater, or drinking 
                water;
                    (D) investigating, designing, or constructing 
                groundwater remediation, recycled water, or 
                desalination facilities or systems;
                    (E) enhancing water management by increasing 
                watershed preservation and protection, such as through 
                the use of natural or engineered green infrastructure 
                in the management, conveyance, or treatment of water, 
                wastewater, or stormwater;
                    (F) enhancing energy efficiency or the use and 
                generation of renewable energy in the management, 
                conveyance, or treatment of water, wastewater, or 
                stormwater;
                    (G) supporting the adoption and use of advanced 
                water treatment, water supply management (such as 
                reservoir reoperation), or water demand management 
                technologies, projects, or processes (such as water 
                reuse and recycling or adaptive conservation pricing) 
                that maintain or increase water supply or improve water 
                quality;
                    (H) modifying or replacing existing systems or 
                constructing new systems for existing communities or 
                land currently in agricultural production to improve 
                water availability, storage, or conveyance in a manner 
                that--
                            (i) promotes more efficient use of 
                        available water supplies; and
                            (ii) does not further exacerbate stresses 
                        on ecosystems;
                    (I) supporting practices and projects, such as 
                improved irrigation systems, water banking and other 
                forms of water transactions, groundwater recharge, 
                stormwater capture, and reuse or recycling of drainage 
                water, to improve water quality or promote more 
                efficient water use, including on land currently in 
                agricultural production;
                    (J) conducting and completing studies or 
                assessments to project how climate change may impact 
                the future operations and sustainability of water 
                systems; or
                    (K) developing and implementing mitigation measures 
                to rapidly address impacts on water systems most 
                susceptible to abrupt climate change, including those 
                in the Colorado River Basin and coastal regions at risk 
                from rising sea levels.
            (4) Application.--To be eligible to receive a grant from 
        the Administrator under paragraph (2), the owner or operator of 
        a water system shall submit to the Administrator an application 
        that--
                    (A) includes a proposal of the program, strategy, 
                or infrastructure improvement to be planned, designed, 
                constructed, implemented, or maintained by the water 
                system;
                    (B) cites the best available research or data that 
                demonstrates--
                            (i) the risk to the water resources or 
                        infrastructure of the water system as a result 
                        of ongoing or forecasted changes to the 
                        hydrological system brought about by factors 
                        arising from climate change, including rising 
                        sea levels and changes in precipitation levels; 
                        and
                            (ii) how the proposed program, strategy, or 
                        infrastructure improvement would perform under 
                        the anticipated climate conditions;
                    (C) explains how the proposed program, strategy, or 
                infrastructure improvement is expected to enhance the 
                resiliency of the water system, including source water 
                protection for community water systems, to these risks 
                or reduce the direct or indirect greenhouse gas 
                emissions of the water system; and
                    (D) demonstrates that the program, strategy, or 
                infrastructure improvement is--
                            (i) consistent with any approved State and 
                        tribal climate adaptation plan; and
                            (ii) not inconsistent with any approved 
                        natural resources plan.
            (5) Competitive process.--
                    (A) In general.--Each calendar year, the 
                Administrator shall conduct a competitive process to 
                select and fund applications under this subsection.
                    (B) Priority requirements and weighting.--In 
                carrying out the process, the Administrator shall--
                            (i) prioritize funding of applications that 
                        are submitted by the owners or operators of 
                        water systems that are, based on the best 
                        available research and data, at the greatest 
                        and most immediate risk of facing significant 
                        climate-related negative impacts on water 
                        quality or quantity;
                            (ii) in selecting among the priority 
                        applications determined under clause (i), 
                        ensure that the final list of applications 
                        funded for each year includes a substantial 
                        number that, to the maximum extent practicable, 
                        includes each eligible use described in 
                        paragraph (3);
                            (iii) solicit applications from water 
                        systems that are--
                                    (I) located in all regions of the 
                                United States; and
                                    (II) facing varying risks as a 
                                result of climate change; and
                            (iv) provide for solicitation and 
                        consideration of public input in the 
                        development of criteria used in evaluating 
                        applications.
            (6) Cost sharing.--
                    (A) Federal share.--The Federal share of the cost 
                of any program, strategy, or infrastructure improvement 
                that is the subject of a grant awarded by the 
                Administrator to a water system under paragraph (2) 
                shall not exceed 50 percent of the cost of the program, 
                strategy, and infrastructure improvement.
                    (B) Calculation of non-federal share.--In 
                calculating the non-Federal share of the cost of a 
                program, strategy, or infrastructure improvement 
                proposed by a water system through an application 
                submitted by the water system under paragraph (4), the 
                Administrator shall--
                            (i) include the value of any in-kind 
                        services that are integral to the completion of 
                        the program, strategy, or infrastructure 
                        improvement, as determined by the 
                        Administrator; and
                            (ii) not include any other amount that the 
                        water system receives from a Federal agency.
            (7) Labor standards.--
                    (A) In general.--All laborers and mechanics 
                employed on infrastructure improvements funded directly 
                by or assisted in whole or in part by this subsection 
                shall be paid wages at rates not less than those 
                prevailing for the same type of work on similar 
                construction in the immediate locality, as determined 
                by the Secretary of Labor in accordance with subchapter 
                IV of chapter 31 of part A of subtitle II of title 40, 
                United States Code.
                    (B) Authority and functions.--With respect to the 
                labor standards in this paragraph, the Secretary of 
                Labor shall have the authority and functions set forth 
                in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
                1267; 5 U.S.C. App.) and section 3145 of title 40, 
                United States Code.
            (8) Regulations.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator shall 
                promulgate final regulations to carry out this 
                subsection.
                    (B) Special rule for the construction of treatment 
                works.--In carrying out this paragraph, the 
                Administrator shall incorporate all relevant and 
                appropriate requirements of title VI of the Federal 
                Water Pollution Control Act (33 U.S.C. 1381 et seq.) 
                applicable to the construction of treatment works that 
                are carried out under this subsection.
            (9) Report to congress.--Not later than 3 years after the 
        date of enactment of this Act, and every 3 years thereafter, 
        the Administrator shall submit to the Congress a report on 
        progress in implementing this subsection, including information 
        on project applications received and funded annually.
            (10) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary.
                                 <all>
```