I 
117TH CONGRESS 
2D SESSION 
H. R. 7847 
To increase efficiency and conservation in public water systems, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2022 
Mr. MCNERNEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To increase efficiency and conservation in public water 
systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Efficiency, Con-
servation, and Sustainability Act of 2022’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
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(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any of the following: 
(A) A State, local, or Tribal government, 
or any special-purpose unit of such a govern-
ment (including a municipal water authority). 
(B) A public water system. 
(C) A nonprofit organization. 
(3) ENERGY STAR PROGRAM.—The term ‘‘En-
ergy Star program’’ means the Energy Star program 
established by section 324A of the Energy Policy 
and Conservation Act (42 U.S.C. 6294a). 
(4) 
LOW-INCOME
HOUSEHOLD.—The 
term 
‘‘low-income household’’ includes a household that 
is— 
(A) eligible to receive payments under— 
(i) section 2605(b)(2) of the Low-In-
come Home Energy Assistance Act of 
1981 (42 U.S.C. 8624(b)(2)); or 
(ii) the Low-Income Household Drink-
ing Water and Wastewater Emergency As-
sistance Program authorized by section 
533 of division H of the Consolidated Ap-
propriations Act, 2021 (Public Law 116– 
260; 134 Stat. 1627); or 
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(B) within a disadvantaged community (as 
defined in section 1452(d)(3) of the Safe 
Drinking 
Water 
Act 
(42 
U.S.C. 
300j– 
12(d)(3))). 
(5) PUBLIC WATER SYSTEM.—The term ‘‘public 
water system’’ has the meaning given the term in 
section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f). 
(6) 
WATER
EFFICIENCY
INCENTIVE
PRO-
GRAM.—The term ‘‘water efficiency incentive pro-
gram’’ means a program for providing incentives, in-
cluding direct installation services, to residential, 
commercial, or industrial customers of a public 
water system for the purchase, lease, installation, 
use, or implementation, as applicable, of water-effi-
cient upgrades. 
(7) WATER-EFFICIENT UPGRADE.— 
(A) IN GENERAL.—The term ‘‘water-effi-
cient upgrade’’ means a product, landscape, 
label, process, or service for a residential, com-
mercial, or industrial building, or the landscape 
of such a building, that is— 
(i) rated for water efficiency and per-
formance under the WaterSense program, 
the Energy Star program, or such other 
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methodology as determined to be appro-
priate by the Administrator; or 
(ii) otherwise determined by the Ad-
ministrator to improve water-use efficiency. 
(B) INCLUSIONS.—The term ‘‘water-effi-
cient upgrade’’ includes— 
(i) a faucet; 
(ii) a showerhead; 
(iii) a dishwasher; 
(iv) a toilet; 
(v) a clothes washer; 
(vi) an irrigation product or service; 
(vii) advanced metering infrastruc-
ture; 
(viii) a flow monitoring device; 
(ix) a landscaping or gardening prod-
uct, including moisture control or water- 
enhancing technology; 
(x) xeriscaping, turf removal, or an-
other landscape conversion that reduces 
water use (except for the installation of ar-
tificial turf); and 
(xi) any other product, landscape, 
process, or service— 
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(I) certified pursuant to the 
WaterSense program; or 
(II) otherwise determined by the 
Administrator to reduce water use or 
water loss, including products rated 
for water efficiency and performance 
under the Energy Star program. 
(8) WATER
LOSS
CONTROL
PROGRAM.—The 
term ‘‘water loss control program’’ means a program 
to identify and quantify water uses and losses, im-
plement controls to reduce or eliminate losses and 
leaks, and evaluate the effectiveness of such controls. 
(9) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 324B of the Energy Policy and 
Conservation Act (42 U.S.C. 6294b). 
SEC. 3. WATER EFFICIENCY AND CONSERVATION GRANT 
PROGRAM. 
(a) IN GENERAL.—The Administrator shall establish 
a program to award grants to eligible entities that have 
established water efficiency incentive programs to carry 
out those water efficiency incentive programs (referred to 
in this section as the ‘‘grant program’’). 
(b) DISTRIBUTION.—In carrying out the grant pro-
gram, the Administrator shall award not less than 50 per-
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cent of the amounts made available to carry out this sec-
tion in each fiscal year to eligible entities that service an 
area that— 
(1) has been designated as D2 (severe drought) 
or greater according to the United States Drought 
Monitor for a minimum of 4 weeks during any of the 
3 years preceding the date of the grant award; or 
(2) is within a county for which a drought 
emergency has been declared by the applicable Gov-
ernor at any time during the 3-year period preceding 
the date of the grant award. 
(c) GRANT AMOUNT.— 
(1) IN GENERAL.—Subject to paragraph (2), a 
grant awarded under the grant program shall be in 
an amount that is not less than $250,000. 
(2) SMALL PUBLIC WATER SYSTEMS.—The Ad-
ministrator may award a grant in an amount that 
is less than $250,000 if the grant is awarded to, or 
for the benefit of, a public water system that serves 
fewer than 10,000 customers. 
(d) USE OF FUNDS.—An eligible entity receiving a 
grant under the grant program shall— 
(1) use grant funds to carry out a water effi-
ciency incentive program for customers of a public 
water system; or 
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(2) provide grant funds to another eligible enti-
ty to carry out a water efficiency incentive program 
described in paragraph (1). 
(e) MINIMUM REQUIREMENT.—An eligible entity re-
ceiving a grant under the grant program shall use not less 
than 40 percent of the amount of the grant to provide 
water-efficient upgrades to low-income households. 
(f) COST SHARE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Federal share of the cost of carrying out a water 
efficiency incentive program using a grant awarded 
under the grant program shall not exceed 80 per-
cent. 
(2) WAIVER.—The Administrator may increase 
the Federal share under paragraph (1) to 100 per-
cent if the Administrator determines that an eligible 
entity is unable to pay, or would experience signifi-
cant financial hardship if required to pay, the non- 
Federal share. 
(g) SUPPLEMENT, NOT SUPPLANT.—Amounts pro-
vided under a grant under the grant program shall be used 
to supplement, and not supplant, other Federal, State, 
local, or Tribal funds made available to carry out water 
efficiency incentive programs. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
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(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $50,000,000 
for each of fiscal years 2023 through 2028. 
(2) ADMINISTRATIVE COSTS.—Of the amounts 
made available under paragraph (1) for grants 
under the grant program each fiscal year, the Ad-
ministrator may use not more than 4 percent to pay 
the administrative costs of the Administrator. 
SEC. 4. SUSTAINABLE WATER LOSS CONTROL PROGRAM. 
(a) TECHNICAL
ASSISTANCE
AND
GRANT
PRO-
GRAM.—The Administrator shall establish and carry out 
a program (referred to in this section as the ‘‘pro-
gram’’)— 
(1) to make grants and provide technical assist-
ance to eligible entities to perform annual audits of 
public water systems that are— 
(A) conducted in accordance with the pro-
cedures contained in the manual published by 
the American Water Works Association entitled 
‘‘M36 Water Audits and Loss Control Pro-
grams, Fourth Edition’’ (or any successor man-
ual determined appropriate by the Adminis-
trator); and 
(B) validated under such criteria as may 
be specified by the Administrator; and 
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(2) to make grants and provide technical assist-
ance to eligible entities— 
(A) to implement controls to address real 
losses, apparent losses, or a combination of real 
and apparent losses that are identified in an 
audit conducted and validated in accordance 
with the procedures and criteria described in 
paragraph (1); and 
(B) to help public water systems that have 
conducted and validated such an audit establish 
water loss control programs. 
(b) CRITERIA.—In selecting eligible entities to receive 
grants and technical assistance under the program, the 
Administrator shall consider— 
(1) the percentage of customers of the public 
water system that would be served by the grants or 
technical assistance that are low-income households; 
and 
(2) the ability of the public water system that 
would be served by the grants or technical assist-
ance, on completion of an audit conducted and vali-
dated in accordance with the procedures and criteria 
described in subsection (a)(1)— 
(A) to successfully sustain a water loss 
control program; and 
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(B) to demonstrate that the water loss 
control program will reduce real losses, appar-
ent losses, or a combination of real and appar-
ent losses in the public water system. 
(c) ANNUAL WATER SAVINGS.—The Administrator 
shall— 
(1) annually compile, by Environmental Protec-
tion Agency region, information on the amount of 
water savings achieved pursuant to this section; and 
(2) publish on the website of the Administrator 
the information compiled under paragraph (1). 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $40,000,000 
for each of fiscal years 2023 through 2028, of 
which— 
(A) $20,000,000 each fiscal year shall be 
used to carry out subsection (a)(1); and 
(B) $20,000,000 each fiscal year shall be 
used to carry out subsection (a)(2). 
(2) ADMINISTRATIVE COSTS.—Of the amounts 
made available under paragraph (1) for grants 
under the program each fiscal year, the Adminis-
trator may use not more than 4 percent to pay the 
administrative costs of the Administrator. 
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SEC. 5. ASSISTANCE FOR WATER EFFICIENT PLUMBING 
CODE ADOPTION. 
(a) WATER EFFICIENT PLUMBING CODES.—The Ad-
ministrator shall establish a program to make grants to 
States, Tribal governments, and units of local government 
that have authority to adopt plumbing codes— 
(1) to adopt plumbing codes that meet or ex-
ceed— 
(A) the latest American National Standard 
published as the ‘‘Water Efficiency and Sanita-
tion Standard for the Built Environment’’ or 
‘‘WE–Stand’’ (or any successor American Na-
tional Standard); or 
(B) the requirements described in Chapter 
6 (Water Use Efficiency) of the code published 
by the International Code Council entitled 
‘‘2018 International Green Construction Code 
(IGCC)’’ (or any successor requirements de-
scribed in a code published by the International 
Code Council); and 
(2) to implement a plan for the jurisdiction to 
achieve, within 5 years of the date on which the ju-
risdiction receives the grant, compliance with a 
plumbing code described in paragraph (1) in at least 
90 percent of new and renovated residential, com-
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mercial, and industrial buildings, as applicable, 
which shall include— 
(A) workforce training; 
(B) an enforcement program; and 
(C) a compliance measurement program. 
(b) SUBGRANT AUTHORITY.—A State that has adopt-
ed a plumbing code described in subsection (a)(1) may use 
funds from a grant under this section to make subgrants 
to relevant Tribal or local agencies to implement the 
plumbing code through 1 or more of the following: 
(1) Workforce training. 
(2) An enforcement program. 
(3) A compliance measurement program. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $20,000,000 
for each of fiscal years 2023 through 2028. 
(2) ADMINISTRATIVE COSTS.—Of the amounts 
made available under paragraph (1) for grants 
under this section each fiscal year, the Adminis-
trator may use not more than 4 percent to pay the 
administrative costs of the Administrator. 
Æ 
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