SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Infrastructure 
Improvement Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) MUNICIPALITY.—The term ‘‘municipality’’ 
has the meaning given that term in section 502 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1362). 
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 PLANS.— 
‘‘(1) DEFINITION OF INTEGRATED PLAN.—In 
this subsection, the term ‘integrated plan’ means a 
plan developed in accordance with the Integrated 
Municipal Stormwater and Wastewater Planning 
Approach Framework, issued by the Environmental 
Protection Agency and dated June 5, 2012. 
‘‘(2) IN GENERAL.—The Administrator (or a 
State, in the case of a permit program approved by 
the Administrator) shall inform municipalities of the
opportunity to develop an integrated plan that may 
be incorporated into a permit under this section. 
‘‘(3) SCOPE.— 
‘‘(A) SCOPE
OF
PERMIT
INCORPORATING 
INTEGRATED
PLAN.—A permit issued under 
this section that incorporates an integrated plan 
may integrate all requirements under this Act 
addressed in the integrated plan, including re-
quirements relating to— 
‘‘(i) a combined sewer overflow; 
‘‘(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. 
‘‘(B) INCLUSIONS IN INTEGRATED PLAN.— 
An integrated plan incorporated into a permit 
issued under this section may include the imple-
mentation of—
‘‘(i) projects, including innovative 
projects, to reclaim, recycle, or reuse 
water; and 
‘‘(ii) green infrastructure. 
‘‘(4) COMPLIANCE SCHEDULES.— 
‘‘(A) IN GENERAL.—A permit issued under 
this section that incorporates an integrated plan 
may include a schedule 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 schedule of compliance— 
‘‘(i) is authorized by State water qual-
ity standards; and 
‘‘(ii) meets the requirements of sec-
tion 122.47 of title 40, Code of Federal 
Regulations (as in effect on the date of en-
actment of this subsection). 
‘‘(B) TIME FOR COMPLIANCE.—For pur-
poses of subparagraph (A)(ii), the requirement 
of section 122.47 of title 40, Code of Federal 
Regulations, for compliance by an applicable 
statutory deadline under this Act does not pro-
hibit implementation of an applicable water
quality-based effluent limitation over more than 
1 permit term. 
‘‘(C) REVIEW.—A schedule of compliance 
incorporated into a permit issued under this 
section may be reviewed at the time the permit 
is renewed to determine whether the schedule 
should be modified. 
‘‘(5) 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 a State to revise a water quality standard 
after a use attainability analysis under section 
131.10(g) of title 40, Code of Federal Regula-
tions (or a successor regulation), subject to the 
approval of the Administrator under section 
303(c). 
‘‘(6) 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 this subsection, resolving an enforcement ac-
tion under this Act, any schedule of compliance 
issued pursuant to an authorization in a State 
water quality standard may not revise a sched-
ule of compliance in that order or decree to be 
less stringent, unless the order or decree is 
modified by agreement of the parties and the 
court.’’. 
(b) IMPLEMENTATION
OF
INTEGRATED
PLANS 
THROUGH ENFORCEMENT TOOLS.—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.— 
‘‘(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.’’. 
(c) 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 pursuant to the Federal Water 
Pollution Control Act since the date of publication of the 
‘‘Integrated Municipal Stormwater and Wastewater Plan-
ning Approach Framework’’ issued by the Environmental 
Protection Agency and dated June 5, 2012, including a 
description of the control measures, levels of control, esti-
mated costs, and compliance schedules for the require-
ments implemented through such an integrated plan.
(d) INFORMATION SHARING.—The Municipal Om-
budsman shall publish on the website of the Environ-
mental Protection Agency— 
(1) general information relating to— 
(A) the technical assistance referred to in 
subsection (b)(1); 
(B) the financial assistance referred to in 
subsection (c)(1); 
(C) the flexibility referred to in subsection 
(c)(2); and 
(D) any resources developed by the Admin-
istrator related to integrated plans under sec-
tion 402(s) of the Federal Water Pollution Con-
trol Act; and 
(2) a copy of each permit, order, or judicial 
consent decree that implements or incorporates such 
an integrated plan. 
SEC. 5. GREEN INFRASTRUCTURE. 
(a) DEFINITION.—Section 502 of the Federal Water 
Pollution Control Act (33 U.S.C. 1362) is amended by 
adding at the end the following: 
‘‘(27) GREEN
INFRASTRUCTURE.—The term 
‘green infrastructure’ means the range of measures 
that use plant or soil systems, permeable pavement 
or 
other 
permeable 
surfaces 
or 
substrates,
stormwater harvest and reuse, or landscaping to 
store, infiltrate, or evapotranspirate stormwater and 
reduce flows to sewer systems or to surface waters.’’. 
(b) 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 as section 520; 
and 
(2) by inserting after section 518 the following: 
‘‘SEC. 519. GREEN INFRASTRUCTURE PROMOTION. 
‘‘(a) IN GENERAL.—The Administrator shall promote 
the use of green infrastructure in, and coordinate the inte-
gration of green infrastructure into, permitting and en-
forcement under this Act, planning efforts, research, tech-
nical assistance, and funding guidance of the Environ-
mental Protection Agency. 
‘‘(b) COORDINATION OF EFFORTS.—The Adminis-
trator shall ensure that the Office of Water coordinates 
efforts to increase the use of green infrastructure with— 
‘‘(1) other Federal departments and agencies; 
‘‘(2) State, tribal, and local governments; and 
‘‘(3) 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, including 
through— 
‘‘(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.’’. 
Passed the House of Representatives December 19, 
2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 7279 
AN ACT 
To amend the Federal Water Pollution Control Act 
to provide for an integrated planning process, to 
promote green infrastructure, and for other pur-
poses.