(3) establish and maintain performance stand-
ards so that products, buildings and landscapes, and 
services labeled with the WaterSense label perform 
as well or better than their less efficient counter-
parts; 
(4) publicize the importance of proper installa-
tion of WaterSense plumbing products by a 
WaterSense-certified or, if WaterSense certification 
guidelines do not exist, licensed plumber or mechan-
ical contractor, and the installation, maintenance, 
and audit of WaterSense irrigation systems by a 
WaterSense-certified irrigation professional to en-
sure optimal performance; 
(5) preserve the integrity of the WaterSense 
label; 
(6) regularly review and, when appropriate, up-
date WaterSense criteria for categories of products, 
buildings and landscapes, and services, at least once 
every four years; 
(7) regularly collect and make available to the 
public summary data on the production and relative 
market shares of WaterSense labeled products, 
buildings and landscapes, and services, at least an-
nually; 
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(8) regularly estimate and make available to the 
public the water and energy savings attributable to 
the use of WaterSense labeled products, buildings 
and landscapes, and services, at least annually; 
(9) solicit comments from interested parties and 
the public prior to establishing or revising a 
WaterSense category, specification, installation cri-
terion, or other criterion (or prior to effective dates 
for any such category, specification, installation cri-
terion, or other criterion); 
(10) provide reasonable notice to interested par-
ties and the public of any changes (including effec-
tive dates), on the adoption of a new or revised cat-
egory, specification, installation criterion, or other 
criterion, along with— 
(A) an explanation of changes; and 
(B) as appropriate, responses to comments 
submitted by interested parties; 
(11) provide appropriate lead time (as deter-
mined 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 require-
ments of the manufacturing, marketing, training, 
and distribution process for the specific product, 
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building and landscape, or service category ad-
dressed; and 
(12) identify and, where appropriate, implement 
other voluntary approaches, such as labeling water-
less devices that perform the same function as a 
water consuming product or encouraging reuse, rec-
lamation, and recycling technologies, in commercial, 
institutional, residential, municipal, and industrial 
sectors to improve water efficiency or lower water 
use while meeting the performance standards estab-
lished under paragraph (3). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $7,500,000 for fiscal 
year 2010, $10,000,000 for fiscal year 2011, $20,000,000 
for fiscal year 2012, and $50,000,000 for fiscal year 2013 
and each year thereafter, adjusted for inflation, to carry 
out this section. 
SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT 
PRODUCTS. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 7902(a) of title 
5, United States Code. 
(2) WATERSENSE PRODUCT OR SERVICE.—The 
term ‘‘WaterSense product or service’’ means a 
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product or service that is rated for water efficiency 
under the WaterSense program. 
(3) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 2 of this Act. 
(4) FEMP DESIGNATED PRODUCT.—The term 
‘‘FEMP designated product’’ means a product that 
is designated under the Federal Energy Manage-
ment Program of the Department of Energy as 
being among the highest 25 percent of equivalent 
products for efficiency. 
(5) PRODUCT AND SERVICE.—The terms ‘‘prod-
uct’’ and ‘‘service’’ do not include any water con-
suming product or service designed or procured for 
combat or combat-related missions. The terms also 
exclude products or services already covered by the 
Federal procurement regulations established under 
section 553 of the National Energy Conservation 
Policy Act (42 U.S.C. 8259b). 
(b) PROCUREMENT OF WATER EFFICIENT PROD-
UCTS.— 
(1) REQUIREMENT.—To meet the requirements 
of an agency for a water consuming product or serv-
ice, the head of the agency shall, except as provided 
in paragraph (2), procure— 
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(A) a WaterSense product or service; or 
(B) a FEMP designated product. 
A WaterSense plumbing product should preferably, 
when possible, be installed by a WaterSense-certified 
or, if WaterSense certification guidelines do not 
exist, licensed plumber or mechanical contractor, 
and a WaterSense irrigation system should pref-
erably, when possible, be installed, maintained, and 
audited by a WaterSense-certified irrigation profes-
sional to ensure optimal performance. 
(2) EXCEPTIONS.—The head of an agency is 
not required to procure a WaterSense product or 
service or FEMP designated product under para-
graph (1) if the head of the agency finds in writing 
that— 
(A) a WaterSense product or service or 
FEMP designated product is not cost-effective 
over the life of the product, taking current and 
future energy, water, and wastewater cost sav-
ings into account; or 
(B) no WaterSense product or service or 
FEMP designated product is reasonably avail-
able that meets the functional requirements of 
the agency. 
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(3) PROCUREMENT PLANNING.—The head of an 
agency shall incorporate into the specifications for 
all procurements involving water consuming products 
and systems, including guide specifications, project 
specifications, and construction, renovation, and 
services contracts that include provision of water 
consuming products and systems, and into the fac-
tors for the evaluation of offers received for the pro-
curement, criteria used for rating WaterSense prod-
ucts and services and FEMP designated products. 
The head of an agency shall consider, to the max-
imum extent practicable, additional measures for re-
ducing agency water consumption, including water 
reuse, reclamation, and recycling technologies, leak 
detection and repair, and use of waterless products 
that perform similar functions to existing water-con-
suming products. 
(c) LISTING OF WATER EFFICIENT PRODUCTS IN 
FEDERAL CATALOGS.—WaterSense products and services 
and FEMP designated products shall be clearly identified 
and prominently displayed in any inventory or listing of 
products by the General Services Administration or the 
Defense Logistics Agency. The General Services Adminis-
tration and the Defense Logistics Agency shall supply only 
WaterSense products or FEMP designated products for 
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all product categories covered by the WaterSense program 
or the Federal Energy Management Program, except in 
cases where the agency ordering a product specifies in 
writing that no WaterSense product or FEMP designated 
product is available to meet the buyer’s functional require-
ments, or that no WaterSense product or FEMP des-
ignated product is cost-effective for the intended applica-
tion over the life of the product, taking energy, water, and 
wastewater cost savings into account. 
(d) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Administrator of 
the Environmental Protection Agency shall issue regula-
tions to carry out this section. 
SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS IN-
CENTIVE PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State government, local or county gov-
ernment, tribal government, wastewater or sewage 
utility, municipal water authority, energy utility, 
water utility, or nonprofit organization that meets 
the requirements of subsection (b). 
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(3) INCENTIVE PROGRAM.—The term ‘‘incentive 
program’’ means a program for administering finan-
cial incentives for consumer purchase and installa-
tion of residential water efficient products and serv-
ices as described in subsection (b)(1). 
(4) RESIDENTIAL WATER EFFICIENT PRODUCT 
OR SERVICE.—The term ‘‘residential water efficient 
product or service’’ means a product or service for 
a single-family or multifamily residence or its land-
scape that is rated for water efficiency and perform-
ance— 
(A) by the WaterSense program; or 
(B) by an incentive program and approved 
by the Administrator. 
Categories of water efficient products and services 
may include faucets, irrigation technologies and 
services, point-of-use water treatment devices, reuse, 
reclamation, and recycling technologies, toilets, and 
showerheads. 
(5) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 2 of this Act. 
(b) ELIGIBLE ENTITIES.—An entity shall be eligible 
to receive an allocation under subsection (c) if the entity— 
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(1) establishes (or has established) an incentive 
program to provide rebates, vouchers, other financial 
incentives, or direct installs to consumers for the 
purchase and installation of residential water effi-
cient products or services; 
(2) submits an application for the allocation at 
such time, in such form, and containing such infor-
mation as the Administrator may require; and 
(3) provides assurances satisfactory to the Ad-
ministrator that the entity will use the allocation to 
supplement, but not supplant, funds made available 
to carry out the incentive program. 
(c) AMOUNT OF ALLOCATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
for each fiscal year, the Administrator shall deter-
mine the amount to allocate to each eligible entity 
to carry out subsection (d) taking into consider-
ation— 
(A) the population served by the eligible 
entity in the most recent calendar year for 
which data are available; 
(B) the targeted population of the eligible 
entity’s incentive program, such as general 
households, low-income households, or first-time 
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homeowners, and the probable effectiveness of 
the incentive program for that population; 
(C) for existing programs, the effectiveness 
of the incentive program in encouraging the 
adoption of water efficient products and serv-
ices; and 
(D) any prior year’s allocation to the eligi-
ble entity that remains unused. 
(d) USE OF ALLOCATED FUNDS.—Funds allocated to 
an entity under subsection (c) may be used to pay up to 
50 percent of the cost of establishing and carrying out 
an incentive program. 
(e) FIXTURE RECYCLING.—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 section. 
(f) ISSUANCE
OF REBATES.—Financial incentives 
may be provided to consumers that meet the requirements 
of the incentive program. The entity may issue all finan-
cial incentives directly to consumers or, with approval of 
the Administrator, delegate some or all financial incentive 
administration to other organizations including, but not 
limited to, local governments, municipal water authorities, 
and water utilities. The amount of a financial incentive 
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shall be determined by the entity, taking into consider-
ation— 
(1) the amount of the allocation to the entity 
under subsection (c); 
(2) the amount of any Federal, State, or other 
organization’s tax or financial incentive available for 
the purchase of the residential water efficient prod-
uct or service; 
(3) the amount necessary to change consumer 
behavior to purchase water efficient products and 
services; and 
(4) the consumer expenditures for onsite prepa-
ration, assembly, and original installation of the 
product. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section $50,000,000 for fiscal year 2010, 
$100,000,000 for fiscal year 2011, $150,000,000 for fis-
cal year 2012, $100,000,000 for fiscal year 2013, and 
$50,000,000 for fiscal year 2014. 
Æ 
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