140 
payers through a user charge rate sys-
tem (or another appropriate method); 
and 
‘‘(B) to implement alternative processes, 
materials, and techniques (including non-
structural protection of surface waters, new or 
improved methods of waste treatment, and pol-
lutant trading) that may result in cost savings 
or increased environmental benefit when com-
pared to standard processes, materials, and 
techniques. 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.— 
‘‘(i) IN
GENERAL.—Not later than 
September 30, 2009, after providing notice 
and an opportunity for public comment, a 
State shall establish affordability criteria 
to assist the State in identifying munici-
palities that would experience a significant 
hardship on the increase in rates required 
to finance a project or activity that is eligi-
ble for assistance under subsection (c)(1) if 
additional subsidization under paragraph 
(1) is not provided. 
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‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In establishing criteria under 
clause (i), a State shall take into consider-
ation— 
‘‘(I) income data; 
‘‘(II) population trends; and 
‘‘(III) any other data the State 
determines to be relevant. 
‘‘(B) EXISTING CRITERIA.—If a State has 
established, after providing notice and an op-
portunity for public comment, criteria in ac-
cordance with subparagraph (A) before the date 
of enactment of this subsection, the criteria 
shall be considered to be affordability criteria 
established under that subparagraph. 
‘‘(C) INFORMATION TO ASSIST STATES.— 
The Administrator may publish information to 
assist States in establishing affordability cri-
teria under subparagraph (A). 
‘‘(3) PRIORITY.—In providing assistance under 
this subsection, a State may give priority to any 
owner or operator of a project or activity that— 
‘‘(A) is eligible to receive funding under 
subsection (c)(1); and 
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142 
‘‘(B) is located in a municipality that 
meets the affordability criteria established 
under paragraph (2). 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN
GENERAL.—For any fiscal year 
during which more than $1,400,000,000 is 
made available to the Administrator to carry 
out this title, a State shall provide additional 
subsidization under this subsection in the 
amount described in subparagraph (B) to enti-
ties described in paragraph (1) for projects and 
activities identified in the intended use plan of 
the State under section 606(c) on receipt of an 
application for additional subsidization. 
‘‘(B) AMOUNT.—The amount referred to in 
subparagraph (A) is an amount not less than 
25 percent of the difference between— 
‘‘(i) the total amount that would have 
been allotted to the State under section 
604 during the appropriate fiscal year, if 
the amount made available to the Adminis-
trator to carry out this title during that 
fiscal year was equal to $1,400,000,000; 
and 
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143 
‘‘(ii) the total amount allotted to the 
State under section 604 for that fiscal 
year. 
‘‘(5) LIMITATION.—The total amount of addi-
tional subsidization provided by a State under this 
subsection shall not exceed 30 percent of the total 
amount of capitalization grants received by the State 
under this title for fiscal years beginning after Sep-
tember 30, 2009.’’. 
SEC. 204. ALLOTMENT OF FUNDS. 
(a) IN GENERAL.—Section 604 of the Federal Water 
Pollution Control Act (33 U.S.C. 1384) is amended by 
striking subsection (a) and inserting the following: 
‘‘(a) ALLOTMENTS.— 
‘‘(1) FISCAL YEARS 2010 AND 2011.—Amounts 
made available to carry out this title for fiscal years 
2000 and 2010 shall be allotted by the Adminis-
trator in accordance with the formula used to cal-
culate allotments for fiscal year 2009. 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
Amounts made available to carry out this title for 
fiscal year 2012 and each fiscal year thereafter shall 
be allotted by the Administrator during each fiscal 
year— 
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