I 
111TH CONGRESS 
2D SESSION 
H. R. 6353 
To amend the Federal Water Pollution Control Act to assist municipalities 
that would experience a significant hardship raising the revenue necessary 
to finance projects and activities for the construction of wastewater 
treatment works, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. LATTA (for himself and Mr. LATOURETTE) 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 assist 
municipalities that would experience a significant hard-
ship raising the revenue necessary to finance projects 
and activities for the construction of wastewater treat-
ment works, 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 ‘‘Clean Water Afford-
ability Act of 2010’’. 
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SEC. 2. CAPITALIZATION GRANT AGREEMENTS. 
Section 602(b) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1382(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(9); 
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(11) the State will use at least 15 percent of 
the amount of each capitalization grant received by 
the State under this title after September 30, 2011, 
to provide assistance to municipalities of fewer than 
10,000 individuals that meet the affordability cri-
teria established by the State under section 
603(i)(2) for activities included on the State’s pri-
ority list established under section 603(g), to the ex-
tent that there are sufficient applications for such 
assistance.’’. 
SEC. 3. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
(a) 
EXTENDED
REPAYMENT
PERIOD.—Section 
603(d)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1383(d)(1)) is amended— 
(1) in subparagraph (A) by striking ‘‘20 years’’ 
and inserting ‘‘the lesser of 30 years or the design 
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life of the project to be financed with the proceeds 
of the loan’’; and 
(2) in subparagraph (B) by striking ‘‘not later 
than 20 years after project completion’’ and insert-
ing ‘‘upon the expiration of the term of the loan’’. 
(b) ADDITIONAL SUBSIDIZATION.—Section 603 of 
such Act (33 U.S.C. 1383) is amended by adding at the 
end the following: 
‘‘(i) ADDITIONAL SUBSIDIZATION.— 
‘‘(1) IN
GENERAL.—In any case in which a 
State provides assistance to a municipality or inter-
municipal, interstate, or State agency under sub-
section (d), the State may provide additional sub-
sidization, including forgiveness of principal and 
negative interest loans to benefit a municipality 
that— 
‘‘(A) meets the State’s affordability criteria 
established under paragraph (2); or 
‘‘(B) does not meet the State’s afford-
ability criteria if the recipient— 
‘‘(i) seeks additional subsidization to 
benefit individual ratepayers in the resi-
dential user rate class; 
‘‘(ii) demonstrates to the State that 
such ratepayers will experience a signifi-
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cant hardship from the increase in rates 
necessary to finance the project or activity 
for which assistance is sought; and 
‘‘(iii) ensures, as part of an assistance 
agreement between the State and the re-
cipient, that the additional subsidization 
provided under this paragraph is directed 
through a user charge rate system (or 
other appropriate method) to such rate-
payers; or 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.—On or before Sep-
tember 30, 2011, and after providing notice 
and an opportunity for public comment, a State 
shall establish affordability criteria to assist in 
identifying municipalities that would experience 
a significant hardship raising the revenue nec-
essary to finance a project or activity eligible 
for assistance under section 603(c)(1) if addi-
tional subsidization is not provided. Such cri-
teria shall be based on income data, population 
trends, and other data determined relevant by 
the State, including whether the project or ac-
tivity is to be carried out in an economically 
distressed area, as described in section 301 of 
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the Public Works and Economic Development 
Act of 1965 (42 U.S.C. 3161). 
‘‘(B) EXISTING CRITERIA.—If a State has 
previously established, after providing notice 
and an opportunity for public comment, afford-
ability criteria that meet the requirements of 
subparagraph (A), the State may use the cri-
teria for the purposes of this subsection. For 
purposes of this Act, any such criteria shall be 
treated as affordability criteria established 
under this paragraph. 
‘‘(C) INFORMATION TO ASSIST STATES.— 
The Administrator may publish information to 
assist States in establishing affordability cri-
teria under subparagraph (A). 
‘‘(3) LIMITATION.—The total amount of addi-
tional subsidization provided under this subsection 
by a State may not exceed 30 percent of the total 
amount of capitalization grants received by the State 
under this title in fiscal years beginning after Sep-
tember 30, 2011.’’. 
SEC. 4. UPDATING OF GUIDANCE. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AFFORDABILITY.—The term ‘‘affordability’’ 
means, with respect to payment of a utility bill, a 
measure of whether an individual customer or house-
hold can pay the bill without undue hardship or un-
reasonable sacrifice in the essential lifestyle or 
spending patterns of the individual or household, as 
determined by the Administrator. 
(3) FINANCIAL CAPABILITY.—The term ‘‘finan-
cial capability’’ means the financial capability of a 
community to make investments necessary to make 
water quality-related improvements, taking into con-
sideration the criteria described in subsection 
(b)(2)(A). 
(4) GUIDANCE.—The term ‘‘guidance’’ means 
the guidance published by the Administrator entitled 
‘‘Combined Sewer Overflows—Guidance for Finan-
cial Capability Assessment and Schedule Develop-
ment’’ and dated February 1997, as applicable to 
combined sewer overflows and sanitary sewer over-
flows. 
(b) UPDATING.— 
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