I 

117TH CONGRESS 

1ST SESSION H. R. 3691 

To amend the Federal Water Pollution Control Act to establish a smart 

wastewater infrastructure technology grant program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2021 

Ms. BOURDEAUX (for herself and Mr. HUFFMAN) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to establish a smart wastewater infrastructure technology grant 

program, and for other purposes. 

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 ‘‘Wastewater Infrastruc5 ture Modernization Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to upgrade and modernize wastewater (in9 cluding stormwater) systems, tackle new contamiVerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3691.IH H3691

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1 nants, and support clean water infrastructure across 

2 the United States; 

3 (2) to support the modernization of publicly 

4 owned treatment works to maintain reliable and af5 fordable water quality infrastructure that addresses 

6 demand impacts, including resiliency to improve 

7 public health and natural resources; and 

8 (3) to encourage the utilization of water-effi9 cient technologies to address the western drought 

10 crisis and prepare for the growing strain population 

11 growth and climate change will have on already over12 allocated water supplies. 

13 SEC. 3. SMART WASTEWATER INFRASTRUCTURE TECH14 NOLOGY GRANT PROGRAM. 

15 Title II of the Federal Water Pollution Control Act 

16 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

17 the following: 

18 ‘‘SEC. 222. SMART WASTEWATER INFRASTRUCTURE TECH19 NOLOGY GRANT PROGRAM. 

20 ‘‘(a) GRANTS.—The Administrator shall establish a 

21 program to provide grants to municipalities for projects 

22 for the planning, design, and construction, at publicly 

23 owned treatment works, of— 


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1 ‘‘(1) intelligent sewage or stormwater collection 

2 systems, including such collection systems that in3 corporate technologies that rely on— 

4 ‘‘(A) real-time monitoring (including 

5 through sensors), embedded intelligence, and 

6 predictive maintenance capabilities that improve 

7 the energy efficiency, reliability, and resiliency 

8 of treatment works; and 

9 ‘‘(B) the use of artificial intelligence and 

10 other intelligent optimization tools that reduce 

11 operational costs, including operational costs re12 lating to energy consumption and chemical 

13 treatment; or 

14 ‘‘(2) innovative and alternative combined storm 

15 and sanitary sewer projects, including groundwater 

16 recharge, that rely on real-time data acquisition to 

17 support predictive aquifer recharge through water 

18 reuse and stormwater management capabilities. 

19 ‘‘(b) ASSISTANCE.—The Administrator shall use not 

20 less than 20 percent of the amounts appropriated pursu21 ant to this section in a fiscal year to provide assistance 

22 to municipalities with a population of less than 10,000, 

23 to the extent there are sufficient eligible applications. 

24 ‘‘(c) COST SHARE.— 


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1 ‘‘(1) IN GENERAL.—The non-Federal share of 

2 the costs of an activity carried out using a grant 

3 under this section shall be 25 percent. 

4 ‘‘(2) EXCEPTION.—The Administrator may 

5 waive the cost-sharing requirement of paragraph (1) 

6 if the Administrator determines that the munici7 pality meets the affordability criteria established 

8 under section 603(i)(2) by the State in which the 

9 municipality is located. 

10 ‘‘(d) PROGRAM IMPLEMENTATION.— 

11 ‘‘(1) GUIDANCE.—Not later than 30 days after 

12 the date of enactment of this section, the Adminis13 trator shall issue guidance to municipalities on how 

14 to apply for a grant under this section. 

15 ‘‘(2) DECISION ON APPLICATIONS.—Not later 

16 than 30 days after the date on which the Adminis17 trator receives an application for a grant under this 

18 section, the Administrator shall determine whether 

19 to provide such grant. 

20 ‘‘(3) APPLICATION DEFICIENCY.—If the Admin21 istrator determines that an application for a grant 

22 under this section is incomplete, the Administrator 

23 shall notify the applicant and provide the applicant 

24 the opportunity to resubmit the application. 


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1 ‘‘(4) CONSIDERATION.—In determining whether 

2 to provide a grant under this section, the Adminis3 trator shall consider the potential positive effects of 

4 the project on water quality. 

5 ‘‘(e) COMPLIANCE WITH BUY AMERICA.—The re6 quirements of section 608 shall apply to any project for 

7 construction for which assistance is received under this 

8 section. 

9 ‘‘(f) REPORT TO CONGRESS.—Not later than 180 

10 days after the date of enactment of this section, and annu11 ally thereafter, the Administrator shall submit to Congress 

12 a report describing projects funded under this section, any 

13 related improvement of the resiliency of publicly owned 

14 treatment works, and recommendations to improve the 

15 grant program established under this section. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated $500,000,000 to carry 

18 out this section, to remain available until expended.’’. 

Æ 


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