I 
114TH CONGRESS 
2D SESSION 
H. R. 4954 
To amend the Federal Water Pollution Control Act to authorize appropria-
tions for State water pollution control revolving funds, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2016 
Mr. DEFAZIO (for himself, Mrs. NAPOLITANO, Ms. NORTON, Mr. NADLER, 
Ms. BROWN of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
CUMMINGS, Mr. LARSEN of Washington, Mr. CAPUANO, Mr. LIPINSKI, 
Mr. COHEN, Mr. SIRES, Ms. EDWARDS, Mr. GARAMENDI, Mr. CARSON 
of Indiana, Ms. HAHN, Mr. NOLAN, Mrs. KIRKPATRICK, Ms. TITUS, Mr. 
SEAN PATRICK MALONEY of New York, Ms. ESTY, Ms. FRANKEL of 
Florida, Mrs. BUSTOS, Mr. HUFFMAN, and Ms. BROWNLEY of California) 
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 au-
thorize appropriations for State water pollution control 
revolving funds, 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; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Water Quality Protection and Job Creation Act of 
2016’’. 
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(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Federal Water Pollution Control Act. 
TITLE I—WATER QUALITY FINANCING 
Subtitle A—Technical and Management Assistance 
Sec. 101. Technical assistance. 
Sec. 102. State management assistance. 
Sec. 103. Watershed pilot projects. 
Sec. 104. Nonpoint source management programs. 
Subtitle B—State Water Pollution Control Revolving Funds 
Sec. 111. Capitalization grant agreements. 
Sec. 112. Water pollution control revolving loan funds. 
Sec. 113. State planning assistance. 
Sec. 114. Intended use plan. 
Sec. 115. Technical assistance. 
Sec. 116. Authorization of appropriations. 
TITLE II—ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW 
AND STORMWATER GRANTS 
Sec. 201. Pilot program for alternative water source projects. 
Sec. 202. Sewer overflow control grants. 
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.). 
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TITLE I—WATER QUALITY 
FINANCING 
Subtitle A—Technical and 
Management Assistance 
SEC. 101. TECHNICAL ASSISTANCE. 
(a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL 
TREATMENT
WORKS.—Section 
104(b) 
(33 
U.S.C. 
1254(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) make grants to nonprofit organizations— 
‘‘(A) to provide technical assistance to 
rural, small, and tribal municipalities for the 
purpose of assisting, in consultation with the 
State in which the assistance is provided, such 
municipalities and tribal governments in the 
planning, developing, and acquisition of financ-
ing for eligible projects described in section 
603(c); 
‘‘(B) to provide technical assistance and 
training for rural, small, and tribal publicly 
owned treatment works and decentralized 
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wastewater treatment systems to enable such 
treatment works and systems to protect water 
quality and achieve and maintain compliance 
with the requirements of this Act; and 
‘‘(C) to disseminate information to rural, 
small, and tribal municipalities and municipali-
ties that meet the affordability criteria estab-
lished under section 603(i)(2) by the State in 
which the municipality is located with respect to 
planning, design, construction, and operation of 
publicly owned treatment works and decentral-
ized wastewater treatment systems.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
104(u) (33 U.S.C. 1254(u)) is amended— 
(1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘; and (7) not to exceed $100,000,000 for 
each of fiscal years 2017 through 2021 for carrying 
out subsections (b)(3), (b)(8), and (g), except that 
not less than 20 percent of the amounts appro-
priated pursuant to this paragraph in a fiscal year 
shall be used for carrying out subsection (b)(8)’’. 
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SEC. 102. STATE MANAGEMENT ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
106(a) (33 U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the semicolon at the end of 
paragraph (2) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) such sums as may be necessary for each 
of 
fiscal 
years 
1991 
through 
2016, 
and 
$300,000,000 for each of fiscal years 2017 through 
2021;’’. 
(b) TECHNICAL AMENDMENT.—Section 106(e) (33 
U.S.C. 1256(e)) is amended by striking ‘‘Beginning in fis-
cal year 1974 the’’ and inserting ‘‘The’’. 
SEC. 103. WATERSHED PILOT PROJECTS. 
Section 122(c) is amended to read as follows: 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$120,000,000 for each of fiscal years 2017 through 
2021.’’. 
SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS. 
Section 319(j) (33 U.S.C. 1329(j)) is amended by 
striking ‘‘$70,000,000’’ and all that follows through ‘‘fis-
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cal year 1991’’ and inserting ‘‘$200,000,000 for each of 
fiscal years 2017 through 2021’’. 
Subtitle B—State Water Pollution 
Control Revolving Funds 
SEC. 111. CAPITALIZATION GRANT AGREEMENTS. 
Section 602(b) (33 U.S.C. 1382(b)) is amended— 
(1) in paragraph (13)(B)(iii), by striking ‘‘; 
and’’ and inserting a semicolon; 
(2) in paragraph (14), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(15) 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, 2016, 
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 projects or activities included on the 
State’s priority list under section 603(g), to the ex-
tent that there are sufficient applications for such 
assistance.’’. 
SEC. 112. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
Section 603(d) (33 U.S.C. 1383(d)) is amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) to provide grants to owners and operators 
of treatment works that serve a population of 
10,000 or fewer for obtaining technical and planning 
assistance and assistance in financial management, 
user fee analysis, budgeting, capital improvement 
planning, facility operation and maintenance, equip-
ment replacement, and other activities to improve 
wastewater treatment plant management and oper-
ations, except that the total amount provided by the 
State in grants under this paragraph for a fiscal 
year may not exceed one percent of the total amount 
of assistance provided by the State from the fund in 
the preceding fiscal year, or 2 percent of the total 
amount received by the State in capitalization grants 
under this title in the preceding fiscal year, which-
ever amount is greatest; and 
‘‘(9) to provide grants to owners and operators 
of treatment works for conducting an assessment of 
the energy and water consumption of the treatment 
works, and evaluating potential opportunities for en-
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ergy and water conservation through facility oper-
ation and maintenance, equipment replacement, and 
projects or activities that promote the efficient use 
of energy and water by the treatment works, except 
that the total amount provided by the State in 
grants under this paragraph for a fiscal year may 
not exceed one percent of the total amount of assist-
ance provided by the State from the fund in the pre-
ceding fiscal year, or 2 percent of the total amount 
received by the State in capitalization grants under 
this title in the preceding fiscal year, whichever 
amount is greatest.’’. 
SEC. 113. STATE PLANNING ASSISTANCE. 
Section 604(b) (33 U.S.C. 1384(b)) is amended by 
striking ‘‘1 percent’’ and inserting ‘‘2 percent’’. 
SEC. 114. INTENDED USE PLAN. 
(a) INTEGRATED PRIORITY LIST.—Section 603(g) 
(33 U.S.C. 1383(g)) is amended to read as follows: 
‘‘(g) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—For fiscal year 2017 and 
each fiscal year thereafter, a State shall establish or 
update a list of projects and activities for which as-
sistance is sought from the State’s water pollution 
control revolving fund. Such projects and activities 
shall be listed in priority order based on the method-
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ology established under paragraph (2). The State 
may provide financial assistance from the State’s 
water pollution control revolving fund only with re-
spect to a project or activity included on such list. 
In the case of projects and activities eligible for as-
sistance under subsection (c)(2), the State may in-
clude on such list a category or subcategory of 
nonpoint sources of pollution to be addressed. 
‘‘(2) METHODOLOGY.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this paragraph, 
and after providing notice and opportunity for 
public comment, each State shall establish a 
methodology for developing a priority list under 
paragraph (1). 
‘‘(B) PRIORITY
FOR
PROJECTS
AND
AC-
TIVITIES
THAT
ACHIEVE
GREATEST
WATER 
QUALITY
IMPROVEMENT.—In developing the 
methodology, the State shall seek to achieve the 
greatest degree of water quality improvement, 
taking into consideration— 
‘‘(i) 
the 
requirements 
of 
section 
602(b)(5); 
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‘‘(ii) whether such water quality im-
provements would be realized without as-
sistance under this title; and 
‘‘(iii) whether the proposed projects 
and activities would address water quality 
impairments associated with existing treat-
ment works. 
‘‘(C) 
CONSIDERATIONS
IN
SELECTING 
PROJECTS
AND
ACTIVITIES.—In determining 
which projects and activities will achieve the 
greatest degree of water quality improvement, 
the State shall consider— 
‘‘(i) information developed by the 
State under sections 303(d) and 305(b); 
‘‘(ii) the State’s continuing planning 
process developed under sections 205(j) 
and 303(e); 
‘‘(iii) whether such project or activity 
may have a beneficial impact related to the 
purposes identified under section 302(a); 
‘‘(iv) the State’s management pro-
gram developed under section 319; and 
‘‘(v) conservation and management 
plans developed under section 320 with re-
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spect to an estuary lying in whole or in 
part within the State. 
‘‘(D) NONPOINT SOURCES.—For categories 
or subcategories of nonpoint sources of pollu-
tion that a State may include on its priority list 
under paragraph (1), the State shall consider 
the cumulative water quality improvements as-
sociated with projects or activities carried out 
pursuant to the listing of such categories or 
subcategories. 
‘‘(E) EXISTING
METHODOLOGIES.—If a 
State has previously developed, after providing 
notice and an opportunity for public comment, 
a methodology that meets the requirements of 
this paragraph, the State may use the method-
ology for the purposes of this subsection.’’. 
(b) INTENDED USE PLAN.—Section 606(c) (33 
U.S.C. 1386(c)) is amended— 
(1) in the matter preceding paragraph (1) by 
inserting ‘‘and publish’’ after ‘‘each State shall an-
nually prepare’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) the State’s priority list developed under 
section 603(g);’’; 
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(3) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(4) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(6) if the State does not fund projects and ac-
tivities in the order of the priority established under 
section 603(g), an explanation of why such a change 
in order is appropriate.’’. 
(c) TRANSITIONAL PROVISION.—Before completion 
of a priority list based on a methodology established under 
section 603(g) of the Federal Water Pollution Control Act 
(as amended by this section), a State shall continue to 
comply with the requirements of sections 603(g) and 
606(c) of such Act, as in effect on the day before the date 
of enactment of this Act. 
SEC. 115. TECHNICAL ASSISTANCE. 
Section 607 is amended to read as follows: 
‘‘SEC. 607. TECHNICAL ASSISTANCE. 
‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 
year after the date of enactment of this section, the Ad-
ministrator shall assist the States in establishing sim-
plified procedures for treatment works to obtain assistance 
under this title. 
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‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 
years after the date of the enactment of this section, and 
after providing notice and opportunity for public comment, 
the Administrator shall publish a manual to assist treat-
ment works in obtaining assistance under this title and 
publish in the Federal Register notice of the availability 
of the manual.’’. 
SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 
Title VI (33 U.S.C. 1381 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
the purposes of this title the following sums: 
‘‘(1) $2,000,000,000 for fiscal year 2017. 
‘‘(2) $3,000,000,000 for fiscal year 2018. 
‘‘(3) $4,000,000,000 for fiscal year 2019. 
‘‘(4) $5,000,000,000 for fiscal year 2020. 
‘‘(5) $6,000,000,000 for fiscal year 2021.’’. 
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TITLE II—ALTERNATIVE WATER 
SOURCE AND SEWER OVER-
FLOW 
AND 
STORMWATER 
GRANTS 
SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER 
SOURCE PROJECTS. 
(a) SELECTION OF PROJECTS.—Section 220(d) (33 
U.S.C. 1300(d)) is amended by striking paragraph (2) and 
redesignating paragraph (3) as paragraph (2). 
(b) COMMITTEE RESOLUTION PROCEDURE.—Section 
220 (33 U.S.C. 1300(e)) is amended by striking sub-
section (e) and redesignating subsections (f) through (j) 
as subsections (e) through (i), respectively. 
(c) DEFINITIONS.—Section 220(h)(1) (as redesig-
nated by subsection (c) of this section) is amended by 
striking ‘‘or wastewater or by treating wastewater’’ and 
inserting ‘‘, wastewater, or stormwater or by treating 
wastewater or stormwater’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
220(i) (as redesignated by subsection (c) of this section) 
is amended by striking ‘‘$75,000,000 for fiscal years 2002 
through 2004’’ and inserting ‘‘$75,000,000 for each of fis-
cal years 2017 through 2021’’. 
SEC. 202. SEWER OVERFLOW CONTROL GRANTS. 
Section 221 (33 U.S.C. 1301) is amended— 
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(1) by amending the section heading to read as 
follows: ‘‘SEWER OVERFLOW AND STORMWATER 
REUSE MUNICIPAL GRANTS’’; 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.— 
‘‘(1) GRANTS TO STATES.—The Administrator 
may make grants to States for the purpose of pro-
viding grants to a municipality or municipal entity 
for planning, design, and construction of treatment 
works to intercept, transport, control, treat, or reuse 
municipal combined sewer overflows, sanitary sewer 
overflows, or stormwater. 
‘‘(2) DIRECT MUNICIPAL GRANTS.—Subject to 
subsection (g), the Administrator may make a direct 
grant to a municipality or municipal entity for the 
purposes described in paragraph (1).’’; 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 
that receives assistance under this section shall be carried 
out subject to the same requirements as a project that 
receives assistance from a State water pollution control 
revolving fund under title VI, except to the extent that 
the Governor of the State in which the project is located 
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determines that a requirement of title VI is inconsistent 
with the purposes of this section. For the purposes of this 
subsection, a Governor may not determine that the re-
quirements of title VI relating to the application of section 
513 are inconsistent with the purposes of this section.’’; 
(4) by amending subsection (f) to read as fol-
lows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $500,000,000 
for each of fiscal years 2017 through 2021. 
‘‘(2) MINIMUM ALLOCATIONS.—To the extent 
there are sufficient eligible project applications, the 
Administrator shall ensure that a State uses not less 
than 20 percent of the amount of the grants made 
to the State under subsection (a) in a fiscal year to 
carry out projects to intercept, transport, control, 
treat, or reuse municipal combined sewer overflows, 
sanitary sewer overflows, or stormwater through the 
use of green infrastructure, water and energy effi-
ciency improvements, and other environmentally in-
novative activities.’’; and 
(5) by amending subsection (g) to read as fol-
lows: 
‘‘(g) ALLOCATION OF FUNDS.— 
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‘‘(1) FISCAL YEAR 2017.—Subject to subsection 
(h), the Administrator shall use the amounts appro-
priated to carry out this section for fiscal year 2017 
for making grants to municipalities and municipal 
entities under subsection (a)(2) in accordance with 
the criteria set forth in subsection (b). 
‘‘(2) FISCAL YEAR 2018 AND THEREAFTER.— 
Subject to subsection (h), the Administrator shall 
use the amounts appropriated to carry out this sec-
tion for fiscal year 2018 and each fiscal year there-
after for making grants to States under subsection 
(a)(1) in accordance with a formula to be established 
by the Administrator, after providing notice and an 
opportunity for public comment, that allocates to 
each State a proportional share of such amounts 
based on the total needs of the State for municipal 
combined sewer overflow controls, sanitary sewer 
overflow controls, and stormwater identified in the 
most recent survey conducted pursuant to section 
516 and any other information the Administrator 
considers appropriate.’’. 
Æ 
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