I 
115TH CONGRESS 
1ST SESSION H. R. 1971 
To provide for integrated plan permits, to establish an Office of the Municipal 
Ombudsman, to promote green infrastructure, and to require the revision 
of financial capability guidance. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2017 
Mr. SMUCKER introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for integrated plan permits, to establish an Office 
of the Municipal Ombudsman, to promote green infra-
structure, and to require the revision of financial capa-
bility guidance. 
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 Infrastructure 
Flexibility Act’’. 
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SEC. 2. DEFINITION OF ADMINISTRATOR. 
In this Act, the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
SEC. 3. INTEGRATED PLANS. 
(a) INTEGRATED PLANS.—Section 402 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1342) is 
amended by adding at the end the following: 
‘‘(s) INTEGRATED PLAN PERMITS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) 
GREEN
INFRASTRUCTURE.—The 
term ‘green infrastructure’ means the range of 
measures that use plant or soil systems, per-
meable pavement or other permeable surfaces 
or substrates, stormwater harvest and reuse, or 
landscaping to store, infiltrate, or evapotranspi-
rate stormwater and reduce flows to sewer sys-
tems or to surface waters. 
‘‘(B) INTEGRATED PLAN.—The term ‘inte-
grated plan’ has the meaning given in Part III 
of the Integrated Municipal Stormwater and 
Wastewater Planning Approach Framework, 
issued by the Environmental Protection Agency 
and dated June 5, 2012. 
‘‘(C) MUNICIPAL DISCHARGE.— 
‘‘(i) IN GENERAL.—The term ‘munic-
ipal discharge’ means a discharge from a 
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treatment works (as defined in section 
212) or a discharge from a municipal 
storm sewer under subsection (p). 
‘‘(ii) INCLUSION.—The term ‘munic-
ipal discharge’ includes a discharge of 
wastewater or storm water collected from 
multiple municipalities if the discharge is 
covered by the same permit issued under 
this section. 
‘‘(2) INTEGRATED PLAN.— 
‘‘(A) IN GENERAL.—The Administrator (or 
a State, in the case of a permit program ap-
proved under subsection (b)) shall inform a mu-
nicipal permittee or multiple municipal permit-
tees of the opportunity to develop an integrated 
plan. 
‘‘(B) SCOPE OF PERMIT INCORPORATING 
INTEGRATED
PLAN.—A permit issued under 
this subsection that incorporates an integrated 
plan may integrate all requirements under this 
Act addressed in the integrated plan, including 
requirements relating to— 
‘‘(i) a combined sewer overflow; 
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‘‘(ii) a capacity, management, oper-
ation, and maintenance program for sani-
tary sewer collection systems; 
‘‘(iii) a municipal stormwater dis-
charge; 
‘‘(iv) a municipal wastewater dis-
charge; and 
‘‘(v) a water quality-based effluent 
limitation to implement an applicable 
wasteload allocation in a total maximum 
daily load. 
‘‘(3) COMPLIANCE SCHEDULES.— 
‘‘(A) IN GENERAL.—A permit for a munic-
ipal discharge by a municipality that incor-
porates an integrated plan may include a sched-
ule of compliance, under which actions taken to 
meet any applicable water quality-based effluent 
limitation may be implemented over more than 
1 permit term if the compliance schedules are 
authorized by State water quality standards. 
‘‘(B) INCLUSION.—Actions subject to a 
compliance schedule under subparagraph (A) 
may include green infrastructure if imple-
mented as part of a water quality-based effluent 
limitation. 
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‘‘(C) REVIEW.—A schedule of compliance 
may be reviewed each time the permit is re-
newed. 
‘‘(4) EXISTING AUTHORITIES RETAINED.— 
‘‘(A) APPLICABLE
STANDARDS.—Nothing 
in this subsection modifies any obligation to 
comply with applicable technology and water 
quality-based effluent limitations under this 
Act. 
‘‘(B) FLEXIBILITY.—Nothing in this sub-
section reduces or eliminates any flexibility 
available under this Act, including the authority 
of— 
‘‘(i) a State to revise a water quality 
standard after a use attainability analysis 
under section 131.10(g) of title 40, Code 
of Federal Regulations (as in effect on the 
date of enactment of this subsection), sub-
ject to the approval of the Administrator 
under section 303(c); and 
‘‘(ii) the Administrator or a State to 
authorize a schedule of compliance that ex-
tends beyond the date of expiration of a 
permit term if the schedule of compliance 
meets the requirements of section 122.47 
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of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of 
this subsection). 
‘‘(5) CLARIFICATION OF STATE AUTHORITY.— 
‘‘(A) IN
GENERAL.—Nothing in section 
301(b)(1)(C) precludes a State from author-
izing in the water quality standards of the 
State the issuance of a schedule of compliance 
to meet water quality-based effluent limitations 
in permits that incorporate provisions of an in-
tegrated plan. 
‘‘(B) TRANSITION RULE.—In any case in 
which a discharge is subject to a judicial order 
or consent decree as of the date of enactment 
of the Water Infrastructure Flexibility Act re-
solving an enforcement action under this Act, 
any schedule of compliance issued pursuant to 
an authorization in a State water quality stand-
ard shall not revise or otherwise affect a sched-
ule of compliance in that order or decree unless 
the order or decree is modified by agreement of 
the parties and the court.’’. 
(b) MUNICIPAL OMBUDSMAN.— 
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(1) ESTABLISHMENT.—There is established 
within the Office of the Administrator an Office of 
the Municipal Ombudsman. 
(2) GENERAL DUTIES.—The duties of the mu-
nicipal ombudsman shall include the provision of— 
(A) technical assistance to municipalities 
seeking to comply with the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.) and 
the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.); and 
(B) information to the Administrator to 
help the Administrator ensure that agency poli-
cies are implemented by all offices of the Envi-
ronmental Protection Agency, including regional 
offices. 
(3) ACTIONS REQUIRED.—The municipal om-
budsman shall work with appropriate offices at the 
headquarters and regional offices of the Environ-
mental Protection Agency to ensure that the munici-
pality seeking assistance is provided information— 
(A) about available Federal financial as-
sistance for which the municipality is eligible; 
(B) about flexibility available under the 
Federal Water Pollution Control Act (33 U.S.C. 
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1251 et seq.) and, if applicable, the Safe Drink-
ing Water Act (42 U.S.C. 300f et seq.); and 
(C) regarding the opportunity to develop 
an integrated plan, as defined in section 
402(s)(1)(B) of the Federal Water Pollution 
Control Act (as added by subsection (a)). 
(4) PRIORITY.—In carrying out paragraph (3), 
the municipal ombudsman shall give priority to any 
municipality that demonstrates affordability con-
cerns relating to compliance with the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) or 
the Safe Drinking Water Act (42 U.S.C. 300f et 
seq.). 
(5) INFORMATION
SHARING.—The municipal 
ombudsman shall publish on the website of the Envi-
ronmental Protection Agency— 
(A) general information relating to— 
(i) the technical assistance referred to 
in paragraph (2)(A); 
(ii) the financial assistance referred to 
in paragraph (3)(A); 
(iii) the flexibility referred to in para-
graph 3(B); and 
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(iv) any resources related to inte-
grated plans developed by the Adminis-
trator; and 
(B) a copy of each permit, order, or judi-
cial consent decree that implements or incor-
porates an integrated plan. 
(c) MUNICIPAL ENFORCEMENT.—Section 309 of the 
Federal Water Pollution Control Act (33 U.S.C. 1319) is 
amended by adding at the end the following: 
‘‘(h) IMPLEMENTATION
OF
INTEGRATED
PLANS 
THROUGH ENFORCEMENT TOOLS.— 
‘‘(1) IN GENERAL.—In conjunction with an en-
forcement action under subsection (a) or (b) relating 
to municipal discharges, the Administrator shall in-
form a municipality of the opportunity to develop an 
integrated plan, as defined in section 402(s). 
‘‘(2) MODIFICATION.—Any municipality under 
an administrative order under subsection (a) or set-
tlement agreement (including a judicial consent de-
cree) under subsection (b) that has developed an in-
tegrated plan consistent with section 402(s) may re-
quest a modification of the administrative order or 
settlement agreement based on that integrated 
plan.’’. 
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(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and make publicly available a report on each integrated 
plan developed and implemented through a permit, order, 
or judicial consent decree since the date of publication of 
the ‘‘Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework’’ issued by the Environ-
mental Protection Agency and dated June 5, 2012, includ-
ing a description of the control measures, levels of control, 
estimated costs, and compliance schedules for the require-
ments implemented through an integrated plan. 
SEC. 4. GREEN INFRASTRUCTURE PROMOTION. 
Title V of the Federal Water Pollution Control Act 
(33 U.S.C. 1361 et seq.) is amended— 
(1) by redesignating section 519 (33 U.S.C. 
1251 note) as section 520; and 
(2) by inserting after section 518 (33 U.S.C. 
1377) the following: 
‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN 
INFRASTRUCTURE PROMOTION. 
‘‘(a) IN GENERAL.—The Administrator shall ensure 
that the Office of Water, the Office of Enforcement and 
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Compliance Assurance, the Office of Research and Devel-
opment, and the Office of Policy of the Environmental 
Protection Agency promote the use of green infrastructure 
in and coordinate the integration of green infrastructure 
into, permitting programs, planning efforts, research, 
technical assistance, and funding guidance. 
‘‘(b) DUTIES.—The Administrator shall ensure that 
the Office of Water— 
‘‘(1) promotes the use of green infrastructure in 
the programs of the Environmental Protection Agen-
cy; and 
‘‘(2) coordinates efforts to increase the use of 
green infrastructure with— 
‘‘(A) other Federal departments and agen-
cies; 
‘‘(B) State, tribal, and local governments; 
and 
‘‘(C) the private sector. 
‘‘(c) REGIONAL
GREEN
INFRASTRUCTURE
PRO-
MOTION.—The Administrator shall direct each regional of-
fice of the Environmental Protection Agency, as appro-
priate based on local factors, and consistent with the re-
quirements of this Act, to promote and integrate the use 
of green infrastructure within the region that includes— 
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‘‘(1) outreach and training regarding green in-
frastructure implementation for State, tribal, and 
local governments, tribal communities, and the pri-
vate sector; and 
‘‘(2) the incorporation of green infrastructure 
into permitting and other regulatory programs, 
codes, and ordinance development, including the re-
quirements under consent decrees and settlement 
agreements in enforcement actions. 
‘‘(d) GREEN INFRASTRUCTURE INFORMATION SHAR-
ING.—The Administrator shall promote green infrastruc-
ture information sharing, including through an Internet 
website, to share information with, and provide technical 
assistance to, State, tribal, and local governments, tribal 
communities, the private sector, and the public regarding 
green infrastructure approaches for— 
‘‘(1) reducing water pollution; 
‘‘(2) protecting water resources; 
‘‘(3) complying with regulatory requirements; 
and 
‘‘(4) achieving other environmental, public 
health, and community goals.’’. 
SEC. 5. FINANCIAL CAPABILITY GUIDANCE. 
(a) DEFINITIONS.—In this section: 
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(1) 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. 
(2) FINANCIAL CAPABILITY.—The term ‘‘finan-
cial capability’’ means the financial capability of a 
community to make investments necessary to make 
water quality or drinking water improvements. 
(3) 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 
the combined sewer overflows and sanitary sewer 
overflows guidance published by the Administrator 
entitled ‘‘Financial Capability Assessment Frame-
work’’ and dated November 24, 2014. 
(b) USE OF MEDIAN HOUSEHOLD INCOME.—The 
Administrator shall not use median household income as 
the sole indicator of affordability for a residential house-
hold. 
(c) REVISED GUIDANCE.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of completion of the National Academy of 
Public Administration study to establish a definition 
and framework for community affordability required 
by Senate Report 114–70, accompanying S. 1645 
(114th Congress), the Administrator shall revise the 
guidance described in subsection (a)(3). 
(2) USE OF GUIDANCE.—Beginning on the date 
on which the revised guidance referred to in para-
graph (1) is finalized, the Administrator shall use 
the revised guidance in lieu of the guidance de-
scribed in subsection (a)(3). 
(d) CONSIDERATION AND CONSULTATION.— 
(1) CONSIDERATION.—In revising the guidance, 
the Administrator shall consider— 
(A) the recommendations of the study re-
ferred to in subsection (c) and any other rel-
evant study, as determined by the Adminis-
trator; 
(B) local economic conditions, including 
site-specific local conditions that should be 
taken into consideration in analyzing financial 
capability; 
(C) other essential community investments; 
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(D) potential adverse impacts on distressed 
populations, including the percentage of low-in-
come ratepayers within the service area of a 
utility and impacts in communities with dis-
parate economic conditions throughout the en-
tire service area of a utility; 
(E) the degree to which rates of low-in-
come consumers would be affected by water in-
frastructure investments and the use of rate 
structures to address the rates of low-income 
consumers; 
(F) an evaluation of an array of factors, 
the relative importance of which may vary 
across regions and localities; and 
(G) the appropriate weight for economic, 
public health, and environmental benefits asso-
ciated with improved water quality. 
(2) CONSULTATION.—Any revised guidance 
issued to replace the guidance shall be developed in 
consultation with stakeholders. 
(e) PUBLICATION AND SUBMISSION.— 
(1) IN GENERAL.—On completion of the revi-
sion of the guidance, the Administrator shall publish 
in the Federal Register and submit to the Com-
mittee on Environment and Public Works of the 
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Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives the 
revised guidance. 
(2) 
EXPLANATION.—If 
the 
Administrator 
makes a determination not to follow one or more 
recommendations of the study referred to in sub-
section (c)(1), the Administrator shall include in the 
publication and submission under paragraph (1) an 
explanation of that decision. 
(f) EFFECT.—Nothing in this section preempts or 
interferes with any obligation to comply with any Federal 
law, including the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.). 
Æ 
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