I 

111TH CONGRESS 

1ST SESSION H. R. 2969 

To authorize the Administrator of the Environmental Protection Agency to 

establish water system adaptation partnerships. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2009 

Mrs. CAPPS (for herself, Ms. MATSUI, Mr. CARNAHAN, Ms. SCHWARTZ, Mrs. 

NAPOLITANO, Mr. INSLEE, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committee on Energy and Commerce, 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 water system adaptation partnerships. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water System Adapta5 tion Partnerships Act of 2009’’. 


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1 SEC. 2. WATER SYSTEM ADAPTATION PARTNERSHIPS. 

2 (a) GRANTS.—Beginning in fiscal year 2010, the Ad3 ministrator of the Environmental Protection Agency shall 

4 make grants to water systems to assist in planning, de5 signing, constructing, implementing, or maintaining any 

6 program, strategy, or infrastructure improvement— 

7 (1) to conserve water or increase water use effi8 ciency; 

9 (2) to carry out water metering to measure 

10 water efficiency effectiveness of a water efficiency 

11 program; 

12 (3) to preserve or improve water quality; 

13 (4) to enhance water management by increasing 

14 source water preservation and protection, or natural 

15 or engineered green infrastructure in the manage16 ment, conveyance, or treatment of water, waste17 water, or stormwater; 

18 (5) to increase energy efficiency or the use and 

19 generation of renewable energy in the management, 

20 conveyance, or treatment of water, wastewater, or 

21 stormwater; 

22 (6) to support the adoption and use of ad23 vanced water treatment, water supply management, 

24 or water demand management technologies or proc25 esses (such as those used in water reuse and recyVerDate Nov 24 2008 06:43 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2969.IH H2969

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1 cling or adaptive conservation pricing) that maintain 

2 or increase water supply or improve water quality; 

3 (7) to complete studies or assessments to 

4 project how climate change may impact the future 

5 operations and sustainability of the water system; or 

6 (8) to carry out any other activity or project to 

7 address any ongoing or forecasted, based on the best 

8 available research and data, climate-related impact 

9 on the water quality or quantity of a region of the 

10 United States that increases the resiliency of a 

11 water system to the impacts of climate change. 

12 (b) APPLICATION.—To be eligible to receive a grant 

13 from the Administrator under subsection (a), the owner 

14 or operator of a water system shall— 

15 (1) submit to the Administrator an application 

16 that includes a proposal of the program, strategy, or 

17 infrastructure improvement to be planned, designed, 

18 constructed, implemented, or maintained by the 

19 water system; 

20 (2) cite the best available research or data that 

21 describes— 

22 (A) the risk to the system’s water re23 sources or infrastructure as a result of ongoing 

24 or forecasted changes to the hydrological sysVerDate Nov 24 2008 06:43 Jun 20, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2969.IH H2969

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1 tem brought about by factors arising from glob2 al climate change; and 

3 (B) how the proposed program, strategy, 

4 or infrastructure improvement would perform 

5 under the anticipated climate conditions; 

6 (3) explain how the proposed program, strategy, 

7 or infrastructure improvement is expected to in8 crease the water system’s resiliency to these risks or 

9 reduce the water system’s direct or indirect green10 house gas emissions; and 

11 (4) demonstrate the consistency of the program, 

12 strategy, or infrastructure improvement with an ap13 plicable climate adaptation plan completed and 

14 adopted by a State. 

15 (c) COMPETITIVE PROCESS.—Each calendar year, 

16 the Administrator shall conduct a competitive process to 

17 select and fund applications under this section. In carrying 

18 out the process, the Administrator shall— 

19 (1) give priority to applications that— 

20 (A) are submitted by water systems that 

21 are, based on the best available research and 

22 data, at the greatest and most immediate risk 

23 of facing significant climate-related negative im24 pacts on water quality or quantity; 


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1 (B) will impact the largest numbers of 

2 water users; and 

3 (C) will provide the greatest benefit per 

4 dollar expended; 

5 (2) solicit applications from water systems that 

6 are— 

7 (A) located in all regions of the United 

8 States; and 

9 (B) facing varying risks as a result of cli10 mate change; and 

11 (3) provide for solicitation and consideration of 

12 public input in the development of criteria used in 

13 evaluating applications. 

14 (d) COST SHARING.— 

15 (1) FEDERAL SHARE.—The Federal share of 

16 the cost of any program, strategy, or infrastructure 

17 improvement that is the subject of a grant awarded 

18 by the Administrator to a water system under sub19 section (a) shall not exceed, in a single calendar 

20 year, 50 percent of the cost of the program, strat21 egy, or infrastructure improvement. 

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

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

24 a program, strategy, or infrastructure improvement 

25 proposed by a water system through an application 


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1 submitted by the water system under subsection (b), 

2 the Administrator shall— 

3 (A) include the value of any in-kind serv4 ices that substantially contributes toward the 

5 completion of the program, strategy, or infra6 structure improvement, as determined by the 

7 Administrator; and 

8 (B) not include any other amount that the 

9 water system receives from a Federal agency. 

10 (e) REGULATIONS.—Not later than 1 year after the 

11 date of the enactment of this Act, the Administrator of 

12 the Environmental Protection Agency shall promulgate 

13 final regulations to carry out this section. 

14 (f) REPORT TO CONGRESS.—Not later than 3 years 

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

16 years thereafter, the Administrator of the Environmental 

17 Protection Agency shall submit to the Congress a report 

18 on progress in implementing this section, including infor19 mation on project applications received and funded annu20 ally. 

21 (g) DEFINITIONS.—In this section: 

22 (1) The term ‘‘Administrator’’ means the Ad23 ministrator of the Environmental Protection Agency. 

24 (2) The term ‘‘water system’’ means a commu25 nity water system as defined in section 1401 of the 


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1 Safe Drinking Water Act (42 U.S.C. 300f), a treat2 ment works as defined in section 212 of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1292), a 

4 municipal separate storm sewer system (as defined 

5 by the Administrator), or a combined sewer system 

6 as defined in 402(q) of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1342(q)). 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—To carry 

9 out this section, there are authorized to be appropriated 

10 such sums as may be necessary. 

Æ 


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