I 
111TH CONGRESS 
1ST SESSION H. R. 3747 
To promote water efficiency, conservation, and adaptation, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 7, 2009 
Ms. BERKLEY (for herself and Ms. TITUS) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committees on Transportation and Infrastructure and Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To promote water efficiency, conservation, and adaptation, 
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 Adaptation Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1)(A) human-induced climate change is affect-
ing the natural water cycle, decreasing precipitation 
levels in the West, especially the Southwest, and 
making droughts and floods more frequent and more 
intense; 
(B) declining precipitation levels will severely 
impact water supplies in Southwestern States; and 
(C) a sharp increase in the number of days with 
very heavy precipitation throughout the Northeast 
and the Midwest will stress aging water infrastruc-
ture; 
(2) changes in the water cycle caused by cli-
mate disruptions will adversely affect water infra-
structure, energy production and use, human health, 
transportation, agriculture, and ecosystems, while 
also aggravating water disputes across the United 
States; 
(3)(A) the Colorado River, which supplies water 
for over 30,000,000 people, is experiencing the worst 
drought in over 100 years of recordkeeping; and 
(B) the primary reservoirs of the Colorado 
River Basin and Lakes Mead and Powell have lost 
nearly half of the storage waters of the reservoirs 
and lakes, and clean hydropower generated from 
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Hoover Dam risks reduction if the extended drought 
persists; 
(4) States and local governments and water 
utilities can begin to address the challenges de-
scribed in this section by providing incentives for 
water efficiency and conservation, while also plan-
ning and investing in infrastructure to adapt to the 
impacts of climate change, particularly those im-
pacts already affecting the United States; 
(5) residential water demand can be reduced by 
25 to 40 percent using existing, cost-effective tech-
nologies that also can reduce the water bills of con-
sumers by hundreds of dollars per year; and 
(6) water and energy use are inseparable activi-
ties, and supplying and treating water consumes 
around 4 percent of the electricity of the United 
States, and electricity makes up 75 percent of the 
cost of processing and delivering municipal water. 
SEC. 3. DEFINITION OF ADMINISTRATOR. 
In this Act, the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency. 
SEC. 4. WATERSENSE. 
(a) IN GENERAL.—There is established within the 
Environmental Protection Agency a WaterSense program 
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to identify and promote water efficient products, build-
ings, landscapes, facilities, processes, and services so as— 
(1) to reduce water use; 
(2) to reduce the strain on water, wastewater, 
and stormwater infrastructure; 
(3) to conserve energy used to pump, heat, 
transport, and treat water; and 
(4) to preserve water resources for future gen-
erations, through voluntary labeling of, or other 
forms of communications about, products, buildings, 
landscapes, facilities, processes, and services that 
meet the highest water efficiency and performance 
criteria. 
(b) DUTIES.—The Administrator shall— 
(1) establish— 
(A) a WaterSense label to be used for cer-
tain items; and 
(B) the procedure by which an item may 
be certified to display the WaterSense label; 
(2) 
promote 
WaterSense-labeled 
products, 
buildings, landscapes, facilities, processes, and serv-
ices in the marketplace as the preferred technologies 
and services for— 
(A) reducing water use; and 
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(B) ensuring product and service perform-
ance; 
(3) work to enhance public awareness of the 
WaterSense label through public outreach, edu-
cation, and other means; 
(4) preserve the integrity of the WaterSense 
label by— 
(A) establishing and maintaining perform-
ance criteria so that products, buildings, land-
scapes, facilities, processes, and services labeled 
with the WaterSense label perform as well or 
better than less water-efficient counterparts; 
(B) overseeing WaterSense certifications 
made by third parties; 
(C) conducting reviews of the use of the 
WaterSense label in the marketplace and taking 
corrective action in any case in which misuse of 
the label is identified; and 
(D) carrying out such other measures as 
the Administrator determines to be appropriate; 
(5) regularly review and, if appropriate, update 
WaterSense criteria for categories of products, build-
ings, landscapes, facilities, processes, and services, 
at least once every 4 years; 
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(6) to the maximum extent practicable, regu-
larly estimate and make available to the public the 
production and relative market shares of, and the 
savings of water, energy, and capital costs of water, 
wastewater, and stormwater infrastructure attrib-
utable to the use of WaterSense-labeled products, 
buildings, landscapes, facilities, processes, and serv-
ices, at least annually; 
(7) 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); 
(8) 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 the changes; and 
(B) as appropriate, responses to comments 
submitted by interested parties and the public; 
(9) provide appropriate lead time (as deter-
mined by the Administrator) prior to the applicable 
effective date for a new or significant revision to a 
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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, 
building and landscape, or service category ad-
dressed; 
(10) identify and, if appropriate, implement 
other voluntary approaches in commercial, institu-
tional, residential, industrial, and municipal sectors 
to encourage recycling and reuse technologies to im-
prove water efficiency or lower water use; and 
(11) if appropriate, apply the WaterSense label 
to water-using products that are labeled by the En-
ergy Star program implemented by the Adminis-
trator and the Secretary of Energy. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(1) $7,500,000 for fiscal year 2010; 
(2) $10,000,000 for fiscal year 2011; 
(3) $20,000,000 for fiscal year 2012; 
(4) $50,000,000 for fiscal year 2013; and 
(5) for each subsequent fiscal year, the applica-
ble amount during the preceding fiscal year, as ad-
justed to reflect changes for the 12-month period 
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ending the preceding November 30 in the Consumer 
Price Index for All Urban Consumers published by 
the Bureau of Labor Statistics of the Department of 
Labor. 
SEC. 5. STATE RESIDENTIAL WATER EFFICIENCY AND CON-
SERVATION INCENTIVES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State government, local or county gov-
ernment, tribal government, wastewater or sewerage 
utility, municipal water authority, energy utility, 
water utility, or nonprofit organization that meets 
the requirements of subsection (b). 
(2) INCENTIVE PROGRAM.—The term ‘‘incentive 
program’’ means a program for administering finan-
cial incentives for consumer purchase and installa-
tion of water-efficient products, buildings (including 
new water-efficient homes), landscapes, processes, or 
services described in subsection (b)(1). 
(3) RESIDENTIAL WATER-EFFICIENT PRODUCT, 
BUILDING, LANDSCAPE, PROCESS, OR SERVICE.— 
(A) IN GENERAL.—The term ‘‘residential 
water-efficient product, building, landscape, 
process, or service’’ means a product, building, 
landscape, process, or service for a residence or 
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its landscape that is rated for water efficiency 
and performance— 
(i) by the WaterSense program; or 
(ii) if a WaterSense specification does 
not exist, by the Energy Star program or 
an incentive program approved by the Ad-
ministrator. 
(B) INCLUSIONS.—The term ‘‘residential 
water-efficient product, building, landscape, 
process, or service’’ includes— 
(i) faucets; 
(ii) irrigation technologies and serv-
ices; 
(iii) point-of-use water treatment de-
vices; 
(iv) reuse and recycling technologies; 
(v) toilets; 
(vi) clothes washers; 
(vii) dishwashers; 
(viii) showerheads; 
(ix) xeriscaping and other landscape 
conversions that replace irrigated turf; and 
(x) new water efficient homes certified 
under the WaterSense program. 
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(4) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 4. 
(b) ELIGIBLE ENTITIES.—An entity shall be eligible 
to receive an allocation under subsection (c) if the entity— 
(1) establishes (or has established) an incentive 
program to provide financial incentives to residential 
consumers for the purchase of residential water-effi-
cient products, buildings, landscapes, processes, 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.—For each fiscal year, 
the Administrator shall determine the amount to allocate 
to each eligible entity to carry out subsection (d), taking 
into consideration— 
(1) the population served by the eligible entity 
during the most recent calendar year for which data 
are available; 
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(2) the targeted population of the incentive pro-
gram of the eligible entity, such as general house-
holds, low-income households, or first-time home-
owners, and the probable effectiveness of the incen-
tive program for that population; 
(3) for existing programs, the effectiveness of 
the program in encouraging the adoption of water- 
efficient products, buildings, landscapes, facilities, 
processes, and services; 
(4) any allocation to the eligible entity for a 
preceding fiscal year that remains unused; and 
(5) the per capita water demand of the popu-
lation served by the eligible entity during the most 
recent calendar year for which data are available 
and the accessibility of water supplies to the eligible 
entity. 
(d) USE OF ALLOCATED FUNDS.—Funds allocated to 
an eligible 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.—Eligible entities are en-
couraged to promote or implement fixture recycling pro-
grams to manage the disposal of older fixtures replaced 
due to the incentive program under this section. 
(f) ISSUANCE OF INCENTIVES.— 
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(1) IN GENERAL.—Financial incentives may be 
provided to residential consumers that meet the re-
quirements of the applicable incentive program. 
(2) MANNER OF ISSUANCE.—An eligible entity 
may— 
(A) issue all financial incentives directly to 
residential consumers; or 
(B) with approval of the Administrator, 
delegate all or part of financial incentive admin-
istration to other organizations, including local 
governments, municipal water authorities, water 
utilities, and nonprofit organizations. 
(3) AMOUNT.—The amount of a financial in-
centive shall be determined by the eligible entity, 
taking into consideration— 
(A) the amount of any Federal or State 
tax incentive available for the purchase of the 
residential water-efficient product or service; 
(B) the amount necessary to change con-
sumer behavior to purchase water-efficient 
products and services; and 
(C) the consumer expenditures for onsite 
preparation, assembly, and original installation 
of the product. 
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(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section— 
(1) $100,000,000 for fiscal year 2010; 
(2) $150,000,000 for fiscal year 2011; 
(3) $200,000,000 for fiscal year 2012; 
(4) $150,000,000 for fiscal year 2013; 
(5) $100,000,000 for fiscal year 2014; and 
(6) for each subsequent fiscal year, the applica-
ble amount during the preceding fiscal year, as ad-
justed to reflect changes for the 12-month period 
ending the preceding November 30 in the Consumer 
Price Index for All Urban Consumers published by 
the Bureau of Labor Statistics of the Department of 
Labor. 
SEC. 6. BLUE BANK FOR WATER SYSTEM MITIGATION AND 
ADAPTATION. 
(a) DEFINITIONS.—In this section: 
(1) ABRUPT CLIMATE CHANGE.—The term ‘‘ab-
rupt climate change’’ means a large-scale change in 
the climate system that— 
(A) takes place over a few decades or less; 
(B) persists (or is anticipated to persist) 
for at least a few decades; and 
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(C) causes substantial disruptions in 
human and natural systems. 
(2) OWNER OR OPERATOR.— 
(A) IN
GENERAL.—The term ‘‘owner or 
operator’’ means a person (including a regional, 
State, local, municipal, or private entity) that 
owns or operates a water system. 
(B) INCLUSION.—The term ‘‘owner or op-
erator’’ includes a non-Federal entity that has 
operational responsibilities for a federally owned 
water system. 
(3) WATER
SYSTEM.—The term ‘‘water sys-
tem’’ means— 
(A) a community water system (as defined 
in section 1401 of the Safe Drinking Water Act 
(42 U.S.C. 300f)); 
(B) a publicly owned treatment works (as 
defined in section 212 of the Federal Water 
Pollution Control Act (33 U.S.C. 1292)), in-
cluding a municipal separate storm sewer sys-
tem; 
(C) a decentralized wastewater treatment 
system for domestic sewage; 
(D) a groundwater storage and replenish-
ment system; or 
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(E) a system for transport and delivery of 
water for irrigation or conservation. 
(b) GRANTS.—Beginning in fiscal year 2010, the Ad-
ministrator shall make grants to owners or operators of 
water systems to address any ongoing or forecasted (based 
on the best available research and data) climate-related 
impact on the water quality or quantity of a region of the 
United States, for the purposes of mitigating or adapting 
to the impacts of climate change. 
(c) ELIGIBLE USES.—In carrying out this section, 
the Administrator shall make grants to assist in the plan-
ning, design, construction, implementation, or mainte-
nance of any program or project to increase the resilience 
of a water system to climate change by— 
(1) conserving water or enhancing water use ef-
ficiency, including through the use of water metering 
to measure the effectiveness of a water efficiency 
program; 
(2) modifying or relocating existing water sys-
tem infrastructure made or projected to be made in-
operable by climate change impacts; 
(3) preserving or improving water quality, in-
cluding through measures to manage, reduce, treat, 
or reuse municipal stormwater, wastewater, or 
drinking water; 
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(4) investigating, designing, or constructing 
groundwater remediation, recycled water, or desali-
nation facilities or systems; 
(5) enhancing water management by increasing 
watershed preservation and protection, such as 
through the use of natural or engineered green in-
frastructure in the management, conveyance, or 
treatment of water, wastewater, or stormwater; 
(6) enhancing energy efficiency or the use and 
generation of renewable energy in the management, 
conveyance, or treatment of water, wastewater, or 
stormwater; 
(7) supporting the adoption and use of ad-
vanced water treatment, water supply management 
(such as reservoir reoperation), or water demand 
management technologies, projects, or processes 
(such as water reuse and recycling or adaptive con-
servation pricing) that maintain or increase water 
supply or improve water quality; 
(8) modifying or replacing existing systems or 
constructing new systems for existing communities 
or land currently in agricultural production to im-
prove water availability, storage, or conveyance in a 
manner that— 
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(A) promotes more efficient use of avail-
able water supplies; and 
(B) does not further exacerbate stresses on 
ecosystems; 
(9) supporting practices and projects, such as 
improved irrigation systems, water banking and 
other forms of water transactions, groundwater re-
charge, stormwater capture, and reuse or recycling 
of drainage water, to improve water quality or pro-
mote more efficient water use, including on land cur-
rently in agricultural production; 
(10) conducting and completing studies or as-
sessments to project how climate change may impact 
the future operations and sustainability of water sys-
tems; or 
(11) developing and implementing mitigation 
measures to rapidly address impacts on water sys-
tems most susceptible to abrupt climate change, in-
cluding those in the Colorado River Basin and coast-
al regions at risk from rising sea levels. 
(d) APPLICATION.—To be eligible to receive a grant 
from the Administrator under subsection (b), the owner 
or operator of a water system shall submit to the Adminis-
trator an application that— 
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(1) includes a proposal of the program, strat-
egy, or infrastructure improvement to be planned, 
designed, constructed, implemented, or maintained 
by the water system; 
(2) cites the best available research or data that 
demonstrates— 
(A) the risk to the water resources or in-
frastructure of the water system as a result of 
ongoing 
or 
forecasted 
changes 
to 
the 
hydrological system brought about by factors 
arising from climate change, including rising 
sea levels and changes in precipitation levels; 
and 
(B) how the proposed program, strategy, 
or infrastructure improvement would perform 
under the anticipated climate conditions; 
(3) explains how the proposed program, strat-
egy, or infrastructure improvement is expected to 
enhance the resiliency of the water system, including 
source water protection for community water sys-
tems, to these risks or reduce the direct or indirect 
greenhouse gas emissions of the water system; and 
(4) demonstrates that the program, strategy, or 
infrastructure improvement is— 
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(A) consistent with any approved State 
and tribal climate adaptation plan; and 
(B) not inconsistent with any approved 
natural resources plan. 
(e) COMPETITIVE PROCESS.— 
(1) IN GENERAL.—Each calendar year, the Ad-
ministrator shall conduct a competitive process to 
select and fund applications under this section. 
(2) 
PRIORITY
REQUIREMENTS
AND 
WEIGHTING.—In carrying out the process, the Ad-
ministrator shall— 
(A) prioritize funding of applications that 
are submitted by the owners or operators of 
water systems that are, based on the best avail-
able research and data, at the greatest and 
most immediate risk of facing significant cli-
mate-related negative impacts on water quality 
or quantity; 
(B) in selecting among the priority applica-
tions determined under subparagraph (A), en-
sure that the final list of applications funded 
for each year includes a substantial number 
that, to the maximum extent practicable, in-
cludes each eligible use described in subsection 
(c); 
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(C) solicit applications from water systems 
that are— 
(i) located in all regions of the United 
States; and 
(ii) facing varying risks as a result of 
climate change; and 
(D) provide for solicitation and consider-
ation of public input in the development of cri-
teria used in evaluating applications. 
(f) COST SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the cost of any program, strategy, or infrastructure 
improvement that is the subject of a grant awarded 
by the Administrator to a water system under sub-
section (b) shall not exceed 50 percent of the cost 
of the program, strategy, and infrastructure im-
provement. 
(2) CALCULATION OF NON-FEDERAL SHARE.— 
In calculating the non-Federal share of the cost of 
a program, strategy, or infrastructure improvement 
proposed by a water system through an application 
submitted by the water system under subsection (d), 
the Administrator shall— 
(A) include the value of any in-kind serv-
ices that are integral to the completion of the 
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program, strategy, or infrastructure improve-
ment, as determined by the Administrator; and 
(B) not include any other amount that the 
water system receives from a Federal agency. 
(g) LABOR STANDARDS.— 
(1) IN GENERAL.—All laborers and mechanics 
employed on infrastructure improvements funded di-
rectly by or assisted in whole or in part by this sec-
tion shall be paid wages at rates not less than those 
prevailing for the same type of work on similar con-
struction in the immediate locality, as determined by 
the Secretary of Labor in accordance with sub-
chapter IV of chapter 31 of part A of subtitle II of 
title 40, United States Code. 
(2) AUTHORITY
AND
FUNCTIONS.—With re-
spect to the labor standards in this subsection, the 
Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Num-
bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40, United States Code. 
(h) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall promulgate final regulations to carry out this 
section. 
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(2) SPECIAL RULE FOR THE CONSTRUCTION OF 
TREATMENT
WORKS.—In carrying out this sub-
section, the Administrator shall incorporate all rel-
evant and appropriate requirements of title VI of the 
Federal Water Pollution Control Act (33 U.S.C. 
1381 et seq.) applicable to the construction of treat-
ment works that are carried out under this section. 
(i) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, and every 3 years 
thereafter, the Administrator shall submit to the Congress 
a report on progress in implementing this section, includ-
ing information on project applications received and fund-
ed annually. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as are necessary. 
Æ 
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