Title: Great Lakes Water Protection Act
Policy area: Environmental Protection

Summary:
Great Lakes Water Protection Act
This bill restricts the diversion of waste streams into the Great Lakes from publicly owned wastewater treatment facilities. The bill also establishes the Great Lakes Green Infrastructure Grant Program to make grants to Great Lakes states to develop green infrastructure projects.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2210 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2210

  To amend the Federal Water Pollution Control Act to prohibit sewage 
         dumping into the Great Lakes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

  Ms. Duckworth (for herself and Mr. Durbin) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to prohibit sewage 
         dumping into the Great Lakes, 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 ``Great Lakes Water Protection Act''.

SEC. 2. RESTRICTION ON WASTEWATER RELEASES INTO THE GREAT LAKES SYSTEM.

    (a) In General.--
            (1) Restriction.--Section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) is amended by adding at 
        the end the following:
    ``(t) Restriction on Wastewater Releases Into the Great Lakes 
System.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Bypass.--The term `bypass' means, with 
                respect to a treatment facility that discharges into 
                the Great Lakes System, an intentional diversion of 
                waste streams from any portion of the treatment 
                facility.
                    ``(B) Great lakes system.--The term `Great Lakes 
                System' has the meaning given the term in section 
                118(a)(3).
                    ``(C) Treatment facility.--The term `treatment 
                facility' includes all wastewater treatment units used 
                by a publicly owned treatment works to meet secondary 
                treatment standards or higher, as required to attain 
                water quality standards, under any operating 
                conditions.
                    ``(D) Treatment works.--The term `treatment works' 
                has the meaning given the term in section 212.
            ``(2) Restriction.--A publicly owned treatment works that 
        discharges into the Great Lakes System is prohibited from 
        performing a bypass unless--
                    ``(A)(i) the bypass is unavoidable to prevent loss 
                of life, personal injury, or severe property damage;
                    ``(ii) there is not a feasible alternative to the 
                bypass, such as the use of auxiliary treatment 
                facilities, retention of untreated wastes, or 
                maintenance during normal periods of equipment 
                downtime; and
                    ``(iii) the treatment works provides notice of the 
                bypass in accordance with paragraph (4); or
                    ``(B) the bypass--
                            ``(i) does not cause effluent limitations 
                        to be exceeded; and
                            ``(ii) is for essential maintenance to 
                        ensure efficient operation of the treatment 
                        facility.
            ``(3) Limitation.--The requirement of paragraph (2)(A)(ii) 
        is not satisfied if--
                    ``(A) adequate back-up equipment should have been 
                installed in the exercise of reasonable engineering 
                judgment to prevent the bypass; and
                    ``(B) the bypass occurred during normal periods of 
                equipment downtime or preventive maintenance.
            ``(4) Immediate notice requirements.--
                    ``(A) In general.--The Administrator shall work 
                with States having publicly owned treatment works 
                subject to paragraph (2) to create immediate notice 
                requirements in the event of a bypass or a combined 
                sewer overflow that provide for the method, contents, 
                and requirements for public availability of the notice.
                    ``(B) Minimum initial notice requirements.--At a 
                minimum, the contents of the immediate notice under 
                subparagraph (A) shall include--
                            ``(i) the exact dates and times of the 
                        bypass or combined sewer overflow;
                            ``(ii) the volume of the bypass or combined 
                        sewer overflow; and
                            ``(iii) a description of any public access 
                        areas impacted.
                    ``(C) Additional requirements.--The Administrator 
                and States described in subparagraph (A) shall--
                            ``(i) ensure that the minimum requirements 
                        under subparagraph (B) are consistent for all 
                        those States;
                            ``(ii) establish follow-up notice 
                        requirements that provide a full description of 
                        each event (including water quality data), the 
                        cause, and plans to prevent reoccurrence; and
                            ``(iii) establish requirements for making 
                        publicly available, including on the website of 
                        the Administrator, a list of each treatment 
                        works from which the Administrator or the State 
                        received a follow-up notice, along with the 
                        information required under clause (ii) for each 
                        event that required a follow-up notice.
            ``(5) Implementation.--Not later than 2 years after the 
        date of enactment of this subsection, the Administrator shall 
        establish procedures to implement this subsection.''.
            (2) Conforming amendment.--Section 425 of division G of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 33 
        U.S.C. 1268 note) is repealed.
    (b) Great Lakes Green Infrastructure Development Grant Program.--
Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et 
seq.) is amended--
            (1) by redesignating section 520 (33 U.S.C. 1251 note) as 
        section 521; and
            (2) by inserting after section 519 (33 U.S.C. 1377a) the 
        following:

``SEC. 520. ESTABLISHMENT OF GREAT LAKES GREEN INFRASTRUCTURE 
              DEVELOPMENT GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Great lakes states; great lakes system.--The terms 
        `Great Lakes States' and `Great Lakes System' have the meanings 
        given the terms in section 118(a)(3).
            ``(2) Green infrastructure.--The term `green 
        infrastructure' has the meaning given the term in section 502.
            ``(3) Low-income community.--The term `low-income 
        community' has the meaning given the term in section 45D(e) of 
        the Internal Revenue Code of 1986.
            ``(4) Program.--The term `Program' means the Great Lakes 
        Green Infrastructure Development Grant Program established 
        under subsection (b).
            ``(5) Small business.--The term `small business' means a 
        small business concern (as defined under section 3 of the Small 
        Business Act (15 U.S.C. 632)).
    ``(b) Establishment of Program.--Not later than 1 year after the 
date of enactment of the Great Lakes Water Protection Act, the 
Administrator shall establish a grant program, to be known as the 
`Great Lakes Green Infrastructure Grant Program', under which the 
Administrator shall make grants to Great Lakes States to fund programs 
and activities to develop green infrastructure projects.
    ``(c) Application.--
            ``(1) In general.--Each Great Lakes State desiring a grant 
        under the Program shall submit to the Administrator an 
        application at such time, in such manner, and containing such 
        information as the Administrator may require.
            ``(2) Assessment of need and urgency.--Each application 
        under paragraph (1) shall include an assessment of the relative 
        need and urgency of the applicable program or activity for 
        which the Great Lakes State desires a grant under the Program, 
        as compared to other programs and activities for which the 
        Great Lakes State desires a grant under the Program during the 
        same fiscal year, including an explanation of the reasons for 
        any determination of relative need and urgency.
    ``(d) Allocation of Grant Awards.--
            ``(1) Allocation among great lakes states.--
                    ``(A) In general.--For each fiscal year, in 
                awarding grants under the Program, the Administrator 
                shall determine the maximum amount that may be awarded 
                to each Great Lakes State based on the relative needs 
                of each Great Lakes State, as determined by the most 
                recent Clean Watersheds Needs Survey carried out by the 
                Administrator pursuant to section 516(b).
                    ``(B) Unawarded amounts.--If the Secretary does not 
                award to a Great Lakes State the maximum amount 
                available to the Great Lakes State under subparagraph 
                (A) for a fiscal year, the Secretary shall make the 
                remaining amounts for that fiscal year available to the 
                Great Lakes State in subsequent fiscal years.
            ``(2) Priority for certain projects.--
                    ``(A) In general.--In awarding grants to a Great 
                Lakes State under the Program, the Administrator shall 
                give priority to applications to fund programs and 
                activities that present the greatest need and urgency, 
                as determined by the Administrator.
                    ``(B) Consideration of state assessment of need and 
                urgency.--In making a determination of need and urgency 
                under subparagraph (A), the Secretary shall take into 
                consideration each applicable assessment of relative 
                need and urgency prepared by the Great Lakes State 
                under subsection (c)(2).
    ``(e) Subgrants.--A Great Lakes State receiving a grant under the 
Program may make subgrants to any entity or individual in the Great 
Lakes State for programs and activities to develop green infrastructure 
projects.
    ``(f) Allocation of Grant Funds Received by Great Lakes States.--
            ``(1) In general.--Of any amounts awarded to a Great Lakes 
        State under the Program, the Great Lakes State shall ensure 
        that--
                    ``(A) not less than 50 percent of those amounts are 
                used for--
                            ``(i) capital expenditures relating to 
                        green infrastructure projects, including any 
                        expenses for cost estimates or project planning 
                        and design; and
                            ``(ii) materials associated with capital 
                        expenditures relating to green infrastructure 
                        projects, such as rain garden soils;
                    ``(B) not less than 25 percent of those amounts are 
                used for operations and maintenance of green 
                infrastructure, including any expenses for developing 
                operations and maintenance cost estimates; and
                    ``(C) not more than 25 percent of those amounts are 
                used for green infrastructure workforce training, 
                except that, in the case of a workforce training 
                program that provides dedicated maintenance labor for 
                green infrastructure, amounts expended for green 
                infrastructure workforce training may be considered to 
                be amounts expended for operations and maintenance 
                under subparagraph (B).
            ``(2) Limitation on funding for operations and 
        maintenance.--Each entity or individual that receives amounts 
        awarded to a Great Lakes State under the Program may use the 
        amounts received by that entity or individual for operations 
        and maintenance of green infrastructure under paragraph (1)(B) 
        for a total period of not more than 3 years.
            ``(3) Small businesses.--
                    ``(A) In general.--A Great Lakes State shall ensure 
                that not less than 23 percent of the total amount 
                awarded to the Great Lakes State under the Program is 
                received by small businesses or nonprofit organizations 
                in the Great Lakes State--
                            ``(i) to construct green infrastructure 
                        projects; or
                            ``(ii) to operate and maintain green 
                        infrastructure projects.
                    ``(B) Permissible activities.--
                            ``(i) In general.--The requirements under 
                        subparagraph (A) may be satisfied--
                                    ``(I) by subgrants made to small 
                                businesses or nonprofit organizations 
                                by the Great Lakes State;
                                    ``(II) by contracts entered into by 
                                small businesses or nonprofit 
                                organizations (or labor unions 
                                representing the employees of small 
                                businesses or nonprofit organizations) 
                                with the Great Lakes State; and
                                    ``(III) by subcontracts entered 
                                into by small businesses or nonprofit 
                                organizations (or labor unions 
                                representing the employees of small 
                                businesses or nonprofit organizations) 
                                with the recipients of subgrants made 
                                by the Great Lakes State.
            ``(4) Priority for certain programs and activities.--In 
        selecting programs and activities to be funded using amounts 
        made available under this section, a Great Lakes State shall 
        give priority to programs and activities that reduce or 
        eliminate bypasses (as defined in section 402(t)(1)) or 
        combined sewer overflows.
            ``(5) Low-income communities.--A Great Lakes State is 
        encouraged to use any amounts awarded to the Great Lakes State 
        under the Program to fund green infrastructure projects located 
        in low-income communities.
    ``(g) Cost Share.--
            ``(1) In general.--In awarding a grant to a Great Lakes 
        State under the Program for programs and activities, the 
        Administrator may require the Great Lakes State to pay up to 50 
        percent of the costs of the programs and activities funded by 
        the grant.
            ``(2) In-kind support.--In-kind support for a program or 
        activity, including staff time, provided by a Great Lakes State 
        shall count toward the share of costs required to be paid by 
        the Great Lakes State under paragraph (1).
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section 
$250,000,000 for each of fiscal years 2021 through 2025, to remain 
available until expended.''.
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