```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2738 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2738

 To authorize the Administrator of the Environmental Protection Agency 
  to establish a program of awarding grants to owners or operators of 
water systems to increase resiliency or adaptability of the systems to 
  any ongoing or forecasted changes to the hydrologic conditions of a 
                      region of the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2011

Mrs. Capps (for herself, Mr. Blumenauer, Ms. Edwards, Mr. Carnahan, Ms. 
Berkley, Ms. Schwartz, Ms. Hirono, Mr. George Miller of California, Ms. 
  Woolsey, and Ms. Lee of California) introduced the following bill; 
       which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committees on Energy and 
    Commerce and Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To authorize the Administrator of the Environmental Protection Agency 
  to establish a program of awarding grants to owners or operators of 
water systems to increase resiliency or adaptability of the systems to 
  any ongoing or forecasted changes to the hydrologic conditions of a 
                      region of the United States.

    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 ``Water Infrastructure Resiliency and 
Sustainability Act of 2011''.

SEC. 2. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Hydrologic conditions.--The term ``hydrologic 
        conditions'' means the quality, quantity, or reliability of the 
        water resources of a region of the United States.
            (3) Owner or operator of a water system.--
                    (A) In general.--The term ``owner or operator of a 
                water system'' means an entity (including a regional, 
                State, Tribal, local, municipal, or private entity) 
                that owns or operates a water system.
                    (B) Inclusion.--The term ``owner or operator of a 
                water system'' includes--
                            (i) a non-Federal entity that has 
                        operational responsibilities for a federally, 
                        tribally, or State-owned water system; and
                            (ii) an entity established by an agreement 
                        between--
                                    (I) an entity that owns or operates 
                                a water system; and
                                    (II) at least one other entity.
            (4) Water system.--The term ``water system'' means--
                    (A) a community water system (as defined in section 
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
                    (B) a 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 (as such term is used in the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.));
                    (C) a decentralized wastewater treatment system for 
                domestic sewage;
                    (D) a groundwater storage and replenishment system;
                    (E) a system for transport and delivery of water 
                for irrigation or conservation; or
                    (F) a natural or engineered system that manages 
                floodwaters.
    (b) Program.--The Administrator shall establish and implement a 
program, to be known as the Water Infrastructure Resiliency and 
Sustainability Program, under which the Administrator awards grants in 
each of fiscal years 2012 through 2016 to owners or operators of water 
systems for the purpose of increasing the resiliency or adaptability of 
the systems to any ongoing or forecasted changes (based on the best 
available research and data) to the hydrologic conditions of a region 
of the United States.
    (c) Use of Funds.--As a condition on receipt of a grant under this 
section, an owner or operator of a water system shall agree to use the 
grant funds exclusively to assist in the planning, design, 
construction, implementation, operation, or maintenance of a program or 
project that meets the purpose described in subsection (b) by--
            (1) conserving water or enhancing water use efficiency, 
        including through the use of water metering and electronic 
        sensing and control systems to measure the effectiveness of a 
        water efficiency program;
            (2) modifying or relocating existing water system 
        infrastructure made or projected to be significantly impaired 
        by changing hydrologic conditions;
            (3) preserving or improving water quality, including 
        through measures to manage, reduce, treat, or reuse municipal 
        stormwater, wastewater, or drinking water;
            (4) investigating, designing, or constructing groundwater 
        remediation, recycled water, or desalination facilities or 
        systems to serve existing communities;
            (5) 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;
            (6) enhancing energy efficiency or the use and generation 
        of renewable energy in the management, conveyance, or treatment 
        of water, wastewater, or stormwater;
            (7) supporting the adoption and use of advanced water 
        treatment, water supply management (such as reservoir 
        reoperation and water banking), or water demand management 
        technologies, projects, or processes (such as water reuse and 
        recycling, adaptive conservation pricing, and groundwater 
        banking) that maintain or increase water supply or improve 
        water quality;
            (8) modifying or replacing existing systems or constructing 
        new systems for existing communities or land currently in 
        agricultural production to improve water supply, reliability, 
        storage, or conveyance in a manner that--
                    (A) promotes conservation or improves the 
                efficiency of utilization of available water supplies; 
                and
                    (B) does not further exacerbate stresses on 
                ecosystems or cause redirected impacts by degrading 
                water quality or increasing net greenhouse gas 
                emissions;
            (9) supporting practices and projects, such as improved 
        irrigation systems, water banking and other forms of water 
        transactions, groundwater recharge, stormwater capture, 
        groundwater conjunctive use, and reuse or recycling of drainage 
        water, to improve water quality or promote more efficient water 
        use on land currently in agricultural production;
            (10) reducing flood damage, risk, and vulnerability by--
                    (A) restoring floodplains, wetlands, and uplands 
                integral to flood management, protection, prevention, 
                and response;
                    (B) modifying levees, floodwalls, and other 
                structures through setbacks, notches, gates, removal, 
                or similar means to facilitate reconnection of rivers 
                to floodplains, reduce flood stage height, and reduce 
                damage to properties and populations;
                    (C) providing for acquisition and easement of 
                flood-prone lands and properties in order to reduce 
                damage to property and risk to populations; or
                    (D) promoting land use planning that prevents 
                future floodplain development;
            (11) conducting and completing studies or assessments to 
        project how changing hydrologic conditions may impact the 
        future operations and sustainability of water systems; or
            (12) developing and implementing measures to increase the 
        resilience of water systems and regional and hydrological 
        basins, including the Colorado River Basin, to rapid hydrologic 
        change or a natural disaster (such as tsunami, earthquake, 
        flood, or volcanic eruption).
    (d) Application.--To seek a grant under this section, the owner or 
operator of a water system shall submit to the Administrator an 
application that--
            (1) includes a proposal of the program, strategy, or 
        infrastructure improvement to be planned, designed, 
        constructed, implemented, or maintained by the water system;
            (2) cites the best available research or data that 
        demonstrate--
                    (A) the risk to the water resources or 
                infrastructure of the water system as a result of 
                ongoing or forecasted changes to the hydrological 
                system of a region, including rising sea levels and 
                changes in precipitation patterns; and
                    (B) how the proposed program, strategy, or 
                infrastructure improvement would perform under the 
                anticipated hydrologic conditions;
            (3) explains how the proposed program, strategy, or 
        infrastructure improvement is expected--
                    (A) to enhance the resiliency of the water system, 
                including source water protection for community water 
                systems, to the anticipated hydrologic conditions; or
                    (B) to increase efficiency in the use of energy or 
                water of the water system; and
            (4) describes how the proposed program, strategy, or 
        infrastructure improvement is consistent with an applicable 
        State, tribe, or local climate adaptation plan, if any.
    (e) Priority.--
            (1) Water systems at greatest and most immediate risk.--In 
        selecting grantees under this section, subject to subsection 
        (h)(2), the Administrator shall give priority to 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 negative impacts due to changing 
        hydrologic conditions.
            (2) Goals.--In selecting among applicants described in 
        paragraph (1), the Administrator shall ensure that, to the 
        maximum extent practicable, the final list of applications 
        funded for each year includes a substantial number that propose 
        to utilize innovative approaches to meet one or more of the 
        following goals:
                    (A) Promoting more efficient water use, water 
                conservation, water reuse, or recycling.
                    (B) Using decentralized, low-impact development 
                technologies and nonstructural approaches, including 
                practices that use, enhance, or mimic the natural 
                hydrological cycle or protect natural flows.
                    (C) Reducing stormwater runoff or flooding by 
                protecting or enhancing natural ecosystem functions.
                    (D) Modifying, upgrading, enhancing, or replacing 
                existing water system infrastructure in response to 
                changing hydrologic conditions.
                    (E) Improving water quality or quantity for 
                agricultural and municipal uses, including through 
                salinity reduction.
                    (F) Providing multiple benefits, including to water 
                supply enhancement or demand reduction, water quality 
                protection or improvement, increased flood protection, 
                and ecosystem protection or improvement.
    (f) Cost-Sharing.--
            (1) Federal share.--The share of the cost of any program, 
        strategy, or infrastructure improvement that is the subject of 
        a grant awarded by the Administrator to the owner or operator 
        of a water system under subsection (b) paid through funds 
        distributed under this section shall not exceed 50 percent of 
        the cost of the program, strategy, or infrastructure 
        improvement.
            (2) 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 in an 
        application submitted under subsection (d), the Administrator 
        shall--
                    (A) include the value of any in-kind services that 
                are integral to the completion of the program, 
                strategy, or infrastructure improvement, including 
                reasonable administrative and overhead costs; and
                    (B) not include any other amount that the water 
                system involved receives from the Federal Government.
    (g) Report to Congress.--Not later than 3 years after the date of 
the enactment of this Act, and every 3 years thereafter, the 
Administrator shall submit to the Congress a report on progress in 
implementing this section, including information on project 
applications received and funded annually.
    (h) Authorization of Appropriations.--
            (1) In general.--To carry out this section, there is 
        authorized to be appropriated $50,000,000 for each of fiscal 
        years 2012 through 2016.
            (2) Limitation.--Of the amount made available to carry out 
        this section for a fiscal year, not more than 20 percent may be 
        made available to grantees for activities described in 
        subsection (c)(10) (relating to reducing flood damage, risk, 
        and vulnerability).
                                 <all>
```