II 116th CONGRESS 2d Session S. 3211 IN THE SENATE OF THE UNITED STATES January 16, 2020 Mr. Rubio (for himself and Mr. Scott of Florida ) 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 modify certain allotments under that Act, and for other purposes.

1. Short title This Act may be cited as the Clean Water Allotment Modernization Act . 2. Modifications to allotments under Federal Water Pollution Control Act Section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 ) is amended— (1) by striking the section designation and heading and all that follows through the end of subsection (a) and inserting the following: 205. Allotments (a) Fiscal years 2021 and thereafter (1) In general For fiscal year 2021 and each fiscal year thereafter, of the amounts made available for the fiscal year, the Administrator shall make allotments to States and territories and possessions of the United States in accordance with this subsection. (2) Fiscal years 2021 and 2022 (A) Certain territories and possessions Notwithstanding any other provision of this section, subject to subparagraph (C), for each of fiscal years 2021 and 2022, of the amounts made available for the fiscal year, the Administrator shall initially provide under this subsection to each territory or possession of the United States (other than the Commonwealth of Puerto Rico) an allotment of not less than the allotment described in the following table: Territory or possession Allotment American Samoa 0.004063 Guam 0.006328 Northern Mariana Islands 0.002250 Virgin Islands 0.002358. (B) States, District of Columbia, and Puerto Rico Notwithstanding any other provision of this section, subject to subparagraph (C), for each of fiscal years 2021 and 2022, of the amounts made available for the fiscal year remaining after the allotments under subparagraph (A) are provided, each State, the District of Columbia, and the Commonwealth of Puerto Rico shall receive an allotment under this subsection of not less than the allotment described in the following table: State Allotment Alabama 0.010697 Alaska 0.005000 Arizona 0.016651 Arkansas 0.005000 California 0.085481 Colorado 0.013329 Connecticut 0.011613 Delaware 0.005000 District of Columbia 0.005001 Florida 0.091324 Georgia 0.013990 Hawaii 0.005897 Idaho 0.006140 Illinois 0.034437 Indiana 0.019873 Iowa 0.010305 Kansas 0.010519 Kentucky 0.014435 Louisiana 0.033232 Maine 0.005894 Maryland 0.029054 Massachusetts 0.025852 Michigan 0.039307 Minnesota 0.017899 Mississippi 0.006992 Missouri 0.022532 Montana 0.005000 Nebraska 0.006313 Nevada 0.008674 New Hampshire 0.007609 New Jersey 0.041644 New Mexico 0.005000 New York 0.084044 North Carolina 0.020203 North Dakota 0.005000 Ohio 0.042865 Oklahoma 0.009182 Oregon 0.011879 Pennsylvania 0.030161 Puerto Rico 0.009931 Rhode Island 0.005113 South Carolina 0.007800 South Dakota 0.005000 Tennessee 0.011061 Texas 0.047631 Utah 0.005000 Vermont 0.005000 Virginia 0.027382 Washington 0.015596 West Virginia 0.011870 Wisconsin 0.020585 Wyoming 0.005000. (C) Limitation Notwithstanding any other provision of this section, for each of fiscal years 2021 and 2022, the Administrator may not decrease the amount provided to any State or territory or possession of the United States under this section by more than— (i) a percentage below the amount provided to the State or territory or possession of the United States under this section for fiscal year 2019 that is equal to the percentage decrease in total funding under this section, as compared to that total funding for fiscal year 2019, if the total funding remains below 95 percent of that fiscal year 2019 funding level; or (ii) 5 percent below the amount provided to the State or territory or possession of the United States under this section for fiscal year 2019, if the total amount of funding under this section remains at or above 95 percent of that fiscal year 2019 funding level. (3) Allotment updates (A) In general The Administrator shall update the tables contained in paragraph (2) through application of the formula developed pursuant to subparagraph (B)— (i) by not later than September 30, 2022, to ensure updated allotments are in effect for fiscal year 2023; and (ii) thereafter, by not later than 1 year after the date of submission of any new clean watersheds needs survey and associated data under section 516(b)(1)(B). (B) Formula (i) In general The Administrator shall develop, by regulation, a formula for the calculation of allotments to States and territories and possessions of the United States under this section, in accordance with clauses (ii) and (iii). (ii) Requirements (I) Bases The formula under clause (i) shall be developed based on— (aa) the State needs identified in the most recently available clean watersheds needs survey prepared by the Administrator under section 516(b)(1)(B); (bb) the State population results of the most recent decennial census; and (cc) the most recently available water quality impairment component ratio published by the Administrator for purposes of this Act. (II) Weight In developing the formula under clause (i), the Administrator shall give— (aa) 50-percent weight to the survey referred to in subclause (I)(aa); (bb) 30-percent weight to the census referred to in subclause (I)(bb); and (cc) 20-percent weight to the ratio referred to in subclause (I)(cc). (iii) Limitation Notwithstanding clause (ii), in developing the formula under this subparagraph, the Administrator may not increase the allotment to any State or territory or possession of the United States by more than 200 percent, or decrease the allotment to the State, territory, or possession by more than 25 percent, as compared to the allotment level established for the State or territory or possession of the United States under the previous formula. ; (2) in subsection (g)(1), by striking shall not exceed 4 per centum. or $400,000 whichever amount is the greater and inserting shall not exceed the greater of 4 percent and $400,000 ; and (3) in subsection (m)(1), by striking for this fiscal year. and inserting for that fiscal year. .