Wastewater Infrastructure Improvement Act of 2021
Bill: H.R.3218 | Sponsor: Rep. Rouzer, David (R-NC)
Policy area: Environmental Protection

Summary:
Wastewater Infrastructure Improvement Act of 2021
This bill sets forth requirements and establishes incentives to control water pollution.
Specifically, the bill reauthorizes and revises several existing grant programs that address water pollution, including grants concerning implementing state water quality improvement programs, increasing the resilience of public wastewater utilities to man-made or natural disasters, recycling wastewater or stormwater, constructing sewer overflow and stormwater management projects, and supporting the clean water state revolving fund.
In addition, the bill revises requirements concerning the National Pollutant Discharge Elimination System (NPDES) permit program of the Environmental Protection Agency (EPA). The bill allows the EPA to issue certain NPDES permits to states or municipalities for up to 10 years (currently, 5 years).

To amend the Federal Water Pollution Control Act to reauthorize certain 
       water pollution control programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wastewater Infrastructure 
Improvement Act of 2021''.

SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.

    Section 104(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(g)) is amended--
            (1) in paragraph (1), by striking ``manpower'' each place 
        it appears and inserting ``workforce''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Report to congress on publicly owned treatment works 
        workforce development.--Not later than 2 years after the date 
        of enactment of the Wastewater Infrastructure Improvement Act 
        of 2021, the Administrator shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report containing--
                    ``(A) an assessment of the current and future 
                workforce needs for publicly owned treatment works, 
                including an estimate of the number of future positions 
                needed for such treatment works and the technical 
                skills and education needed for such positions;
                    ``(B) a summary of actions taken by the 
                Administrator, including Federal investments under this 
                Act, that promote workforce development to address such 
                needs; and
                    ``(C) any recommendations of the Administrator to 
                address such needs.''.

SEC. 3. STATE MANAGEMENT ASSISTANCE.

    (a) Authorization of Appropriations.--Section 106(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1); and
            (2) by inserting after paragraph (2) the following:
            ``(3) such sums as may be necessary for each of fiscal 
        years 1991 through 2021;
            ``(4) $240,000,000 for fiscal year 2022;
            ``(5) $250,000,000 for fiscal year 2023;
            ``(6) $260,000,000 for fiscal year 2024;
            ``(7) $270,000,000 for fiscal year 2025; and
            ``(8) $275,000,000 for fiscal year 2026;''.
    (b) Technical Amendment.--Section 106(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking 
``Beginning in fiscal year 1974 the'' and inserting ``The''.

SEC. 4. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.

    (a) Increased Resilience of Treatment Works.--Section 122(a)(6) of 
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is 
amended to read as follows:
            ``(6) Increased resilience of treatment works.--Efforts--
                    ``(A) to assess future risks and vulnerabilities of 
                publicly owned treatment works to manmade or natural 
                disasters, including extreme weather events and sea 
                level rise; and
                    ``(B) to carry out the planning, designing, or 
                constructing of projects, on a systemwide or areawide 
                basis, to increase the resilience of publicly owned 
                treatment works through--
                            ``(i) the conservation of water or the 
                        enhancement of water use efficiency;
                            ``(ii) the enhancement of wastewater 
                        (including stormwater) management by increasing 
                        watershed preservation and protection, 
                        including through--
                                    ``(I) the use of green 
                                infrastructure; or
                                    ``(II) the reclamation and reuse of 
                                wastewater (including stormwater), such 
                                as through aquifer recharge zones;
                            ``(iii) the modification or relocation of 
                        an existing publicly owned treatment works at 
                        risk of being significantly impaired or damaged 
                        by a manmade or natural disaster; or
                            ``(iv) the enhancement of energy 
                        efficiency, or the use or generation of 
                        recovered or renewable energy, in the 
                        management, treatment, or conveyance of 
                        wastewater (including stormwater).''.
    (b) Requirements; Authorization of Appropriations.--Section 122 of 
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Requirements.--The requirements of section 608 shall apply to 
any construction, alteration, maintenance, or repair of treatment works 
receiving a grant under this section.
    ``(d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, to the extent there are sufficient eligible 
applications.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $110,000,000, to remain 
available until expended.''.
    (c) Technical and Conforming Amendments.--
            (1) Watershed pilot projects.--Section 122 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1274) is amended--
                    (A) in the section heading, by striking ``watershed 
                pilot projects'' and inserting ``watershed, wet 
                weather, and resiliency projects''; and
                    (B) by striking ``pilot'' each place it appears.
            (2) Water pollution control revolving loan funds.--Section 
        603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(c)(7)) is amended by striking ``watershed''.

SEC. 5. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Limitation on eligibility.--A project that has 
        received construction funds under the Reclamation Projects 
        Authorization and Adjustment Act of 1992 shall not be eligible 
        for grant assistance under this section.''; and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).
    (b) Committee Resolution Procedure; Assistance.--Section 220 of the 
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to eligible entities for projects 
designed to serve fewer than 10,000 individuals, to the extent there 
are sufficient eligible applications.''.
    (c) Cost Sharing.--Section 220(g) of the Federal Water Pollution 
Control Act (33 U.S.C. 1300(g)) is amended--
            (1) by striking ``The Federal share'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share''; and
            (2) by adding at the end the following:
            ``(2) Reclamation and reuse projects.--For an alternative 
        water source project that has received funds under the 
        Reclamation Projects Authorization and Adjustment Act of 1992 
        (other than funds referred to in subsection (d)(1)), the total 
        Federal share of the costs of the project shall not exceed 25 
        percent or $20,000,000, whichever is less.''.
    (d) Requirements.--Section 220 of the Federal Water Pollution 
Control Act (33 U.S.C. 1300) is amended by redesignating subsections 
(i) and (j) as subsections (j) and (k), respectively, and inserting 
after subsection (h) the following:
    ``(i) Requirements.--The requirements of section 608 shall apply to 
any construction of an alternative water source project carried out 
using assistance made available under this section.''.
    (e) Definitions.--Section 220(j)(1) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d) of this section) is 
amended by striking ``or wastewater or by treating wastewater'' and 
inserting ``, wastewater, or stormwater or by treating wastewater or 
stormwater''.
    (f) Authorization of Appropriations.--Section 220(k) of the Federal 
Water Pollution Control Act (as redesignated by subsection (d) of this 
section) is amended by striking ``$75,000,000 for fiscal years 2002 
through 2004'' and inserting ``$150,000,000''.

SEC. 6. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) in subsection (c), by striking ``subsection (b),'' each 
        place it appears and inserting ``this section,'';
            (2) in subsection (d)--
                    (A) by striking ``The Federal share'' and inserting 
                the following:
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share''; and
                    (B) by striking ``The non-Federal share'' and 
                inserting the following:
                    ``(B) Financially distressed communities.--The 
                Federal share of the cost of activities carried out 
                using amounts from a grant made to a financially 
                distressed community under subsection (a) shall be not 
                less than 75 percent of the cost.
            ``(2) Non-federal share.--The non-Federal share'';
            (3) in subsection (e), by striking ``section 513'' and 
        inserting ``section 513, or the requirements of section 608,''; 
        and
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``2020'' and 
                inserting ``2026''; and
                    (B) by adding at the end the following:
            ``(3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted to 
        municipalities in a State, not less than 20 percent is granted 
        to municipalities with a population of less than 20,000, to the 
        extent there are sufficient eligible applications.''.

SEC. 7. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT TERM.

    Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(b)(1)(B)) is amended to read as follows:
            ``(B) are for fixed terms--
                    ``(i) not exceeding 10 years, for a permit issued 
                to a State or municipality; and
                    ``(ii) not exceeding 5 years, for a permit issued 
                to any person not described in clause (i); and''.

SEC. 8. REPORTS TO CONGRESS.

    Section 516(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1375(b)(1)) is amended--
            (1) by striking ``, of the cost of construction'' and 
        inserting ``, of (i) the cost of construction''; and
            (2) by striking ``each of the States;'' and inserting 
        ``each of the States, and (ii) the costs to implement measures 
        necessary to address the resilience and sustainability of 
        publicly owned treatment works to manmade or natural 
        disasters;''.

SEC. 9. INDIAN TRIBES.

    Section 518(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--For each fiscal year, the Administrator 
        shall reserve, of the funds made available to carry out title 
        VI (before allotments to the States under section 604(a)), the 
        greater of--
                    ``(A) 2 percent of such funds; or
                    ``(B) $30,000,000.
            ``(2) Use of funds.--
                    ``(A) Grants.--Funds reserved under this subsection 
                shall be available only for grants to entities 
                described in paragraph (3) for--
                            ``(i) projects and activities eligible for 
                        assistance under section 603(c); and
                            ``(ii) training, technical assistance, and 
                        educational programs relating to the operation 
                        and management of treatment works eligible for 
                        assistance pursuant to section 603(c).
                    ``(B) Limitation.--Not more than $2,000,000 of the 
                reserved funds may be used for grants under 
                subparagraph (A)(ii).''; and
            (2) in paragraph (3)--
                    (A) in the header, by striking ``use of funds'' and 
                inserting ``eligible entities''; and
                    (B) by striking ``for projects and activities 
                eligible for assistance under section 603(c) to serve'' 
                and inserting ``to''.

SEC. 10. CAPITALIZATION GRANTS.

    Section 602(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1382(b)) is amended--
            (1) in paragraph (13)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``and energy conservation'' and inserting ``and 
                efficient energy use (such as through the 
                implementation of technologies to recapture and reuse 
                energy produced in the treatment of wastewater)''; and
                    (B) in clause (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) to the extent there are sufficient applications for 
        projects or activities that are eligible for assistance from 
        the fund and are consistent with the State's intended use plan 
        under section 606(c), and with respect to which the applicant 
        meets the minimum financial requirements to qualify for 
        assistance under this title, the State will use not less than 
        10 percent of the funds received by the State in capitalization 
        grants under this title in a fiscal year for projects or 
        activities, or components thereof, to improve the resiliency, 
        including water and energy efficiency, of treatment works, or 
        to implement environmentally innovative activities such as 
        green infrastructure.''.

SEC. 11. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1383(i)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, including forgiveness of principal and 
                negative interest loans'' and inserting ``(including in 
                the form of forgiveness of principal, negative interest 
                loans, or grants)''; and
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``in assistance''; and
                            (ii) in clause (ii)(III), by striking ``to 
                        such ratepayers'' and inserting ``to help such 
                        ratepayers maintain access to wastewater and 
                        stormwater treatment services'';
            (2) by amending paragraph (3) to read as follows:
            ``(3) Subsidization amounts.--
                    ``(A) In general.--A State may use for providing 
                additional subsidization in a fiscal year under this 
                subsection an amount that does not exceed 30 percent of 
                the total amount received by the State in 
                capitalization grants under this title for the fiscal 
                year.
                    ``(B) Minimum.--For each of fiscal years 2022 
                through 2026, to the extent there are sufficient 
                applications for additional subsidization under this 
                subsection that meet the criteria under paragraph 
                (1)(A), a State shall use for providing additional 
                subsidization in a fiscal year under this subsection an 
                amount that is not less than 10 percent of the total 
                amount received by the State in capitalization grants 
                under this title for the fiscal year.''; and
            (3) by adding at the end the following:
    ``(k) Additional Use of Funds.--
            ``(1) Technical assistance.--A State may use for providing 
        technical assistance to publicly owned treatment works serving 
        10,000 or fewer individuals in the State an amount that does 
        not exceed 2 percent of the total amount allotted to the State 
        under this title for each fiscal year.
            ``(2) Needs survey.--A State may use for activities 
        associated with the Clean Watershed Needs Survey conducted 
        pursuant to section 516(b), including data collection, an 
        amount that does not exceed 0.5 percent of the total amount 
        allotted to the State under this title for each fiscal year.''.

SEC. 12. ALLOTMENT OF FUNDS.

    (a) Formula.--Section 604(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years 
1989 and 1990'' and inserting ``each fiscal year''.
    (b) Wastewater Infrastructure Workforce Development.--Section 604 
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended 
by adding at the end the following:
    ``(d) Wastewater Infrastructure Workforce Development.--
            ``(1) In general.--In each of fiscal years 2022 through 
        2026, a State may reserve up to 0.5 percent of the sums 
        allotted to the State under this section for the fiscal year to 
        carry out workforce development, training, and retraining 
        activities described in section 104(g).
            ``(2) Report to congress.--Not later than 3 years after the 
        date of enactment of this subsection, the Administrator shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate a report containing--
                    ``(A) a list of the States that reserved and used 
                funds under paragraph (1);
                    ``(B) a summary of the amounts of such funds so 
                used by such States;
                    ``(C) an identification and assessment of the types 
                of efforts of such States, and the effectiveness of 
                such efforts, in promoting and accomplishing workforce 
                development, training, and retraining, including the 
                number of treatment works operators who are certified 
                pursuant to such efforts; and
                    ``(D) any recommendations of the Administrator 
                regarding how States may improve the effective use of 
                such funds.''.

SEC. 13. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by striking section 607 and inserting the 
following:

``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    ``(a) In General.--
            ``(1) Reservation.--For each fiscal year, the Administrator 
        shall reserve 1.5 percent of available funds, as calculated in 
        accordance with paragraph (2).
            ``(2) Calculation of available funds.--The amount of 
        available funds shall be calculated by subtracting the amount 
        of any funds reserved under section 518(c) from the amount of 
        funds made available to carry out this title (before allotments 
        to the States under section 604(a)).
    ``(b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands for projects and 
activities eligible for assistance under section 603(c).
    ``(c) Limitation.--American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands may not receive funds 
allotted under section 604(a).''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
the following sums:
            ``(1) $2,400,000,000 for fiscal year 2022.
            ``(2) $2,600,000,000 for fiscal year 2023.
            ``(3) $2,800,000,000 for fiscal year 2024.
            ``(4) $3,000,000,000 for fiscal year 2025.
            ``(5) $3,200,000,000 for fiscal year 2026.''.

SEC. 15. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.

    Section 4(b)(1) of the Water Infrastructure Improvement Act (42 
U.S.C. 4370j(b)(1)) is amended to read as follows:
            ``(1) technical and planning assistance to support 
        municipalities, including municipalities that are rural, small, 
        and tribal communities, in achieving and maintaining compliance 
        with enforceable deadlines, goals, and requirements of the 
        Federal Water Pollution Control Act; and''.
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