Title: Border Water Infrastructure Improvement Act
Policy area: Environmental Protection

Summary:
Border Water Infrastructure Improvement Act
This bill requires the Environmental Protection Agency (EPA) to provide assistance for the construction of drinking water treatment facilities, drinking water distribution facilities, or wastewater management facilities near the United States-Mexico border. The EPA may provide the assistance to state and local governments, Indian tribes, or water or wastewater districts with jurisdiction over any area in the United States or Mexico that is located within 100 kilometers of the United States-Mexico border. The EPA may not provide assistance for new developments.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4039 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4039

To require the Administrator of the Environmental Protection Agency to 
  carry out a program to fund water infrastructure projects near the 
          United States-Mexico border, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2019

    Mr. Levin of California (for himself, Mr. Vargas, Mrs. Davis of 
 California, and Mr. Peters) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
addition to the Committees on Energy and Commerce, and Foreign Affairs, 
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 require the Administrator of the Environmental Protection Agency to 
  carry out a program to fund water infrastructure projects near the 
          United States-Mexico border, 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 ``Border Water Infrastructure 
Improvement Act''.

SEC. 2. U.S.-MEXICO BORDER WATER INFRASTRUCTURE PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State, local government, Indian Tribe, or water or wastewater 
        district, with jurisdiction over any area in the United States 
        or Mexico that is located within 100 kilometers of the United 
        States-Mexico border.
            (3) Eligible project.--
                    (A) In general.--The term ``eligible project'' 
                means a project for the construction of a drinking 
                water treatment or distribution facility, or a 
                wastewater management facility, that--
                            (i) addresses an existing human health or 
                        ecological issue;
                            (ii) has an effect in the United States;
                            (iii) with respect to a wastewater 
                        management facility the water discharged from 
                        which will flow, directly or indirectly, into 
                        the United States, is designed to meet relevant 
                        water quality standards in the United States, 
                        including any such standards established under 
                        the Federal Water Pollution Control Act;
                            (iv) is proposed by an eligible entity with 
                        legal authority to develop the project, provide 
                        the proposed drinking water or wastewater 
                        services, and obtain necessary financing;
                            (v) will comply with relevant State and 
                        local environmental and other laws and 
                        regulations, including with respect to 
                        obtaining any necessary operating permits and 
                        licenses and complying with any other 
                        regulatory requirements related to land 
                        acquisition and rights-of-way; and
                            (vi) has the support of appropriate Federal 
                        and State agencies, including the Comision 
                        Nacional de Agua (also known as CONAGUA or the 
                        Mexican National Water Commission) and any 
                        appropriate State water utility, if located in 
                        Mexico.
                    (B) Exclusions.--The term ``eligible project'' does 
                not include a project--
                            (i) for water supply;
                            (ii) that threatens ecosystems located in 
                        the United States, or that are located in both 
                        the United States and Mexico, if the project 
                        causes reductions in the flow of water; or
                            (iii) to provide drinking water or 
                        wastewater services to new development.
    (b) In General.--The Administrator shall carry out a program to 
provide assistance to eligible entities for activities related to 
eligible projects, including feasibility studies, planning studies, 
environmental assessments, financial analyses, community participation 
efforts, and architectural, engineering, planning, design, and 
construction activities.
    (c) Consultation.--In carrying out subsection (b), the 
Administrator shall consult with the North American Development Bank.
    (d) Project Selection.--
            (1) In general.--In carrying out subsection (b), the 
        Administrator shall select projects to receive assistance under 
        the program in accordance with paragraph (2) and any other 
        criteria determined appropriate by the Administrator.
            (2) Prioritization.--In carrying out subsection (b), the 
        Administrator shall prioritize projects that--
                    (A) are likely to have the greatest positive 
                effects relating to the environment, public health, or 
                responding to unmet water supply needs;
                    (B) will result in benefits on both sides of the 
                United States-Mexico border; and
                    (C) address the most urgent public health and 
                environmental needs, as determined by the heads of the 
                Regional offices for Regions 6 and 9 of the 
                Environmental Protection Agency.
    (e) Terms and Conditions.--The Administrator may set such terms and 
conditions on assistance provided under this section as the 
Administrator determines appropriate.
    (f) Cost Share.--
            (1) Requirement for certain projects.--The Federal share of 
        the cost of an eligible project located in Mexico shall be 50 
        percent.
            (2) Exemption.--During the 5-year period beginning on the 
        date of enactment of this section, the Administrator may waive 
        the requirement of paragraph (1) if the Administrator, in 
        consultation with the Secretary of Defense and the Secretary of 
        Homeland Security, finds that the project will reduce negative 
        health effects on Federal law enforcement or Department of 
        Defense personnel.
    (g) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator to carry out this 
        section $150,000,000 for each of fiscal years 2020 through 
        2024.
            (2) Regional allocations.--The amounts made available to 
        carry out this section shall be made available in equal amounts 
        for use by the Regional offices for Regions 6 and 9 of the 
        Environmental Protection Agency.
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