I 
112TH CONGRESS 
1ST SESSION H. R. 2738 
To authorize the Administrator of the Environmental Protection Agency to 
establish a program of awarding grants to owners or operators of water 
systems to increase resiliency or adaptability of the systems to any 
ongoing or forecasted changes to the hydrologic conditions of a region 
of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2011 
Mrs. CAPPS (for herself, Mr. BLUMENAUER, Ms. EDWARDS, Mr. CARNAHAN, 
Ms. BERKLEY, Ms. SCHWARTZ, Ms. HIRONO, Mr. GEORGE MILLER of 
California, Ms. WOOLSEY, and Ms. LEE of California) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committees on Energy and Com-
merce and Natural Resources, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To authorize the Administrator of the Environmental Protec-
tion Agency to establish a program of awarding grants 
to owners or operators of water systems to increase 
resiliency or adaptability of the systems to any ongoing 
or forecasted changes to the hydrologic conditions of 
a region of the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Infrastructure 
Resiliency and Sustainability Act of 2011’’. 
SEC. 2. WATER INFRASTRUCTURE RESILIENCY AND SUS-
TAINABILITY. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) HYDROLOGIC CONDITIONS.—The term ‘‘hy-
drologic conditions’’ means the quality, quantity, or 
reliability of the water resources of a region of the 
United States. 
(3) OWNER OR OPERATOR OF A WATER SYS-
TEM.— 
(A) IN
GENERAL.—The term ‘‘owner or 
operator of a water system’’ means an entity 
(including a regional, State, Tribal, local, mu-
nicipal, or private entity) that owns or operates 
a water system. 
(B) INCLUSION.—The term ‘‘owner or op-
erator of a water system’’ includes— 
(i) a non-Federal entity that has oper-
ational responsibilities for a federally, trib-
ally, or State-owned water system; and 
VerDate Mar 15 2010 
00:30 Aug 03, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
(ii) an entity established by an agree-
ment between— 
(I) an entity that owns or oper-
ates a water system; and 
(II) at least one other entity. 
(4) 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 treatment works (as defined in sec-
tion 212 of the Federal Water Pollution Control 
Act (33 U.S.C. 1292)), including a municipal 
separate storm sewer system (as such term is 
used in the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.)); 
(C) a decentralized wastewater treatment 
system for domestic sewage; 
(D) a groundwater storage and replenish-
ment system; 
(E) a system for transport and delivery of 
water for irrigation or conservation; or 
(F) a natural or engineered system that 
manages floodwaters. 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
(b) PROGRAM.—The Administrator shall establish 
and implement a program, to be known as the Water In-
frastructure Resiliency and Sustainability Program, under 
which the Administrator awards grants in each of fiscal 
years 2012 through 2016 to owners or operators of water 
systems for the purpose of increasing the resiliency or 
adaptability of the systems to any ongoing or forecasted 
changes (based on the best available research and data) 
to the hydrologic conditions of a region of the United 
States. 
(c) USE OF FUNDS.—As a condition on receipt of a 
grant under this section, an owner or operator of a water 
system shall agree to use the grant funds exclusively to 
assist in the planning, design, construction, implementa-
tion, operation, or maintenance of a program or project 
that meets the purpose described in subsection (b) by— 
(1) conserving water or enhancing water use ef-
ficiency, including through the use of water metering 
and electronic sensing and control systems to meas-
ure the effectiveness of a water efficiency program; 
(2) modifying or relocating existing water sys-
tem infrastructure made or projected to be signifi-
cantly impaired by changing hydrologic conditions; 
(3) preserving or improving water quality, in-
cluding through measures to manage, reduce, treat, 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
or reuse municipal stormwater, wastewater, or 
drinking water; 
(4) investigating, designing, or constructing 
groundwater remediation, recycled water, or desali-
nation facilities or systems to serve existing commu-
nities; 
(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 and water banking), 
or water demand management technologies, projects, 
or processes (such as water reuse and recycling, 
adaptive conservation pricing, and groundwater 
banking) that maintain or increase water supply or 
improve water quality; 
(8) modifying or replacing existing systems or 
constructing new systems for existing communities 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
or land currently in agricultural production to im-
prove water supply, reliability, storage, or convey-
ance in a manner that— 
(A) promotes conservation or improves the 
efficiency of utilization of available water sup-
plies; and 
(B) does not further exacerbate stresses on 
ecosystems or cause redirected impacts by de-
grading water quality or increasing net green-
house gas emissions; 
(9) supporting practices and projects, such as 
improved irrigation systems, water banking and 
other forms of water transactions, groundwater re-
charge, stormwater capture, groundwater conjunc-
tive use, and reuse or recycling of drainage water, 
to improve water quality or promote more efficient 
water use on land currently in agricultural produc-
tion; 
(10) reducing flood damage, risk, and vulner-
ability by— 
(A) restoring floodplains, wetlands, and 
uplands integral to flood management, protec-
tion, prevention, and response; 
(B) modifying levees, floodwalls, and other 
structures through setbacks, notches, gates, re-
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
moval, or similar means to facilitate reconnec-
tion of rivers to floodplains, reduce flood stage 
height, and reduce damage to properties and 
populations; 
(C) providing for acquisition and easement 
of flood-prone lands and properties in order to 
reduce damage to property and risk to popu-
lations; or 
(D) promoting land use planning that pre-
vents future floodplain development; 
(11) conducting and completing studies or as-
sessments to project how changing hydrologic condi-
tions may impact the future operations and sustain-
ability of water systems; or 
(12) developing and implementing measures to 
increase the resilience of water systems and regional 
and hydrological basins, including the Colorado 
River Basin, to rapid hydrologic change or a natural 
disaster (such as tsunami, earthquake, flood, or vol-
canic eruption). 
(d) APPLICATION.—To seek a grant under this sec-
tion, the owner or operator of a water system shall submit 
to the Administrator an application that— 
(1) includes a proposal of the program, strat-
egy, or infrastructure improvement to be planned, 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
designed, constructed, implemented, or maintained 
by the water system; 
(2) cites the best available research or data that 
demonstrate— 
(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 of a region, including rising 
sea levels and changes in precipitation patterns; 
and 
(B) how the proposed program, strategy, 
or infrastructure improvement would perform 
under the anticipated hydrologic conditions; 
(3) explains how the proposed program, strat-
egy, or infrastructure improvement is expected— 
(A) to enhance the resiliency of the water 
system, including source water protection for 
community water systems, to the anticipated 
hydrologic conditions; or 
(B) to increase efficiency in the use of en-
ergy or water of the water system; and 
(4) describes how the proposed program, strat-
egy, or infrastructure improvement is consistent with 
an applicable State, tribe, or local climate adaptation 
plan, if any. 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
(e) PRIORITY.— 
(1) WATER SYSTEMS AT GREATEST AND MOST 
IMMEDIATE RISK.—In selecting grantees under this 
section, subject to subsection (h)(2), the Adminis-
trator shall give priority to owners or operators of 
water systems that are, based on the best available 
research and data, at the greatest and most imme-
diate risk of facing significant negative impacts due 
to changing hydrologic conditions. 
(2) GOALS.—In selecting among applicants de-
scribed in paragraph (1), the Administrator shall en-
sure that, to the maximum extent practicable, the 
final list of applications funded for each year in-
cludes a substantial number that propose to utilize 
innovative approaches to meet one or more of the 
following goals: 
(A) Promoting more efficient water use, 
water conservation, water reuse, or recycling. 
(B) Using decentralized, low-impact devel-
opment technologies and nonstructural ap-
proaches, including practices that use, enhance, 
or mimic the natural hydrological cycle or pro-
tect natural flows. 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
(C) Reducing stormwater runoff or flood-
ing by protecting or enhancing natural eco-
system functions. 
(D) Modifying, upgrading, enhancing, or 
replacing existing water system infrastructure 
in response to changing hydrologic conditions. 
(E) Improving water quality or quantity 
for agricultural and municipal uses, including 
through salinity reduction. 
(F) Providing multiple benefits, including 
to water supply enhancement or demand reduc-
tion, water quality protection or improvement, 
increased flood protection, and ecosystem pro-
tection or improvement. 
(f) COST-SHARING.— 
(1) FEDERAL SHARE.—The share of the cost of 
any program, strategy, or infrastructure improve-
ment that is the subject of a grant awarded by the 
Administrator to the owner or operator of a water 
system under subsection (b) paid through funds dis-
tributed under this section shall not exceed 50 per-
cent of the cost of the program, strategy, or infra-
structure improvement. 
(2) CALCULATION OF NON-FEDERAL SHARE.— 
In calculating the non-Federal share of the cost of 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
a program, strategy, or infrastructure improvement 
proposed by a water system in an application sub-
mitted under subsection (d), the Administrator 
shall— 
(A) include the value of any in-kind serv-
ices that are integral to the completion of the 
program, strategy, or infrastructure improve-
ment, including reasonable administrative and 
overhead costs; and 
(B) not include any other amount that the 
water system involved receives from the Federal 
Government. 
(g) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this Act, and every 3 
years thereafter, the Administrator shall submit to the 
Congress a report on progress in implementing this sec-
tion, including information on project applications received 
and funded annually. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—To carry out this section, 
there is authorized to be appropriated $50,000,000 
for each of fiscal years 2012 through 2016. 
(2) LIMITATION.—Of the amount made avail-
able to carry out this section for a fiscal year, not 
more than 20 percent may be made available to 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS
grantees for activities described in subsection (c)(10) 
(relating to reducing flood damage, risk, and vulner-
ability). 
Æ 
VerDate Mar 15 2010 
23:10 Aug 02, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H2738.IH
H2738
emcdonald on DSK2BSOYB1PROD with BILLS