I 
115TH CONGRESS 
2D SESSION 
H. R. 7279 
To amend the Federal Water Pollution Control Act to provide for an inte-
grated planning process, to promote green infrastructure, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2018 
Mr. GIBBS (for himself, Mrs. NAPOLITANO, Mr. LATTA, Ms. FUDGE, Mr. 
CHABOT, and Mrs. BUSTOS) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide for an integrated planning process, to promote green 
infrastructure, 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 Infrastructure 
Improvement Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(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.— 
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‘‘(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 
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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 
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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-
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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. 
SEC. 4. MUNICIPAL OMBUDSMAN. 
(a) ESTABLISHMENT.—There is established within 
the Office of the Administrator an Office of the Municipal 
Ombudsman, to be headed by a Municipal Ombudsman. 
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(b) GENERAL DUTIES.—The duties of the Municipal 
Ombudsman shall include the provision of— 
(1) technical assistance to municipalities seek-
ing to comply with the Federal Water Pollution Con-
trol Act; and 
(2) information to the Administrator to help the 
Administrator ensure that agency policies are imple-
mented by all offices of the Environmental Protec-
tion Agency, including regional offices. 
(c) ACTIONS REQUIRED.—The Municipal Ombuds-
man shall work with appropriate offices at the head-
quarters and regional offices of the Environmental Protec-
tion Agency to ensure that a municipality seeking assist-
ance is provided information regarding— 
(1) available Federal financial assistance for 
which the municipality is eligible; 
(2) flexibility available under the Federal Water 
Pollution Control Act; and 
(3) the opportunity to develop an integrated 
plan under section 402(s) of the Federal Water Pol-
lution Control Act. 
(d) INFORMATION SHARING.—The Municipal Om-
budsman shall publish on the website of the Environ-
mental Protection Agency— 
(1) general information relating to— 
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(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.’’. 
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