[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 668 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 668

     To amend the Federal Water Pollution Control Act to authorize 
 appropriations for State water pollution control revolving funds, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2001

  Mrs. Kelly (for herself, Mrs. Tauscher, Mr. Filner, Mrs. Johnson of 
Connecticut, Mr. Neal of Massachusetts, Mr. Sweeney, Mrs. Roukema, Mr. 
 Capuano, Mr. LaHood, Mr. Smith of New Jersey, Mr. Gilman, Mr. Weller, 
Mr. McGovern, Mr. Larsen of Washington, Mr. Tierney, and Mrs. Thurman) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Water Pollution Control Act to authorize 
 appropriations for State water pollution control revolving funds, 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; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL 
              ACT.

    (a) In General.--This Act may be cited as the ``Clean Water 
Infrastructure Financing Act of 2001''.
    (b) Amendment of Federal Water Pollution Control Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251-1387).

SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

    Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for 
construction'' and all that follows through the period and inserting 
``to accomplish the purposes of this Act.''.

SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.

    (a) Requirements for Construction of Treatment Works.--Section 
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
            (1) by striking ``before fiscal year 1995''; and
            (2) by striking ``201(b)'' and all that follows through 
        ``218'' and inserting ``211''.
    (b) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is 
amended by adding at the end the following new subsection:
    ``(c) Guidance for Small Systems.--
            ``(1) Simplified procedures.--Not later than 1 year after 
        the date of the enactment of this subsection, the Administrator 
        shall assist the States in establishing simplified procedures 
        for small systems to obtain assistance under this title.
            ``(2) Publication of manual.--Not later than 1 year after 
        the date of the enactment of this subsection, and after 
        providing notice and opportunity for public comment, the 
        Administrator shall publish a manual to assist small systems in 
        obtaining assistance under this title and publish in the 
        Federal Register notice of the availability of the manual.
            ``(3) Small system defined.--For purposes of this title, 
        the term `small system' means a system for which a municipality 
        or intermunicipal, interstate, or State agency seeks assistance 
        under this title and which serves a population of 20,000 or 
        less.''.

SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.

    (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 
1383(c)) is amended to read as follows:
    ``(c) Activities Eligible for Assistance.--
            ``(1) In general.--The amounts of funds available to each 
        State water pollution control revolving fund shall be used only 
        for providing financial assistance to activities which have as 
        a principal benefit the improvement or protection of water 
        quality of navigable waters to a municipality, intermunicipal 
        agency, interstate agency, State agency, or other person. Such 
        activities may include the following:
                    ``(A) Construction of a publicly owned treatment 
                works.
                    ``(B) Implementation of lake protection programs 
                and projects under section 314.
                    ``(C) Implementation of a management program under 
                section 319.
                    ``(D) Implementation of a conservation and 
                management plan under section 320.
                    ``(E) Restoration or protection of publicly or 
                privately owned riparian areas, including acquisition 
                of property rights.
                    ``(F) Implementation of measures to improve the 
                efficiency of public water use.
                    ``(G) Development and implementation of plans by a 
                public recipient to prevent water pollution.
                    ``(H) Acquisition of lands necessary to meet any 
                mitigation requirements related to construction of a 
                publicly owned treatment works.
            ``(2) Fund amounts.--The water pollution control revolving 
        fund of a State shall be established, maintained, and credited 
        with repayments, and the fund balance shall be available in 
        perpetuity for providing financial assistance described in 
        paragraph (1). Fees charged by a State to recipients of such 
        assistance may be deposited in the fund for the sole purpose of 
        financing the cost of administration of this title.''.
    (b) Extended Repayment Period for Financially Distressed 
Communities.--Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A) by inserting after ``20 years'' the 
        following: ``or, in the case of a financially distressed 
        community, the lesser of 40 years or the expected life of the 
        project to be financed with the proceeds of the loan''; and
            (2) in subparagraph (B) by striking ``not later than 20 
        years after project completion'' and inserting ``upon the 
        expiration of the term of the loan''.
    (c) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is 
amended to read as follows:
            ``(5) to provide loan guarantees for--
                    ``(A) similar revolving funds established by 
                municipalities or intermunicipal agencies; and
                    ``(B) developing and implementing innovative 
                technologies.''.
    (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 
1383(d)(7)) is amended by inserting before the period at the end the 
following: ``or $400,000 per year or \1/2\ percent per year of the 
current valuation of such fund, whichever is greater, plus the amount 
of any fees collected by the State for such purpose under subsection 
(c)(2)''.
    (e) Technical and Planning Assistance for Small Systems.--Section 
603(d) (33 U.S.C. 1383(d)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to provide to small systems technical and planning 
        assistance and assistance in financial management, user fee 
        analysis, budgeting, capital improvement planning, facility 
        operation and maintenance, repair schedules, and other 
        activities to improve wastewater treatment plant operations; 
        except that such amounts shall not exceed 2 percent of all 
        grant awards to such fund under this title.''.
    (f) Consistency With Planning Requirements.--Section 603(f) (33 
U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting 
``is not inconsistent''.
    (g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is 
amended to read as follows:
    ``(g) Construction Assistance.--
            ``(1) Priority list requirement.--The State may provide 
        financial assistance from its water pollution control revolving 
        fund with respect to a project for construction of a publicly 
        owned treatment works only if such project is on the State's 
        priority list under section 216 of this Act without regard to 
        the rank of such project on the State's priority list.
            ``(2) Eligibility of certain treatment works.--A treatment 
        works shall be treated as a publicly owned treatment works for 
        purposes of subsection (c) if the treatment works, without 
        regard to ownership, would be considered a publicly owned 
        treatment works and is principally treating municipal waste 
        water or domestic sewage.''.
    (h) Principal Subsidization.--Section 603 is amended by adding at 
the end the following:
    ``(i) Principal Subsidization.--In any case in which a State makes 
a loan pursuant to subsection (d)(1) to a financially distressed 
community, the State may provide additional subsidization, including 
forgiveness of principal. The total amount of loan subsidies made by a 
State under this subsection in a fiscal year may not exceed 30 percent 
of the amount of the capitalization grant received by the State in such 
fiscal year.
    ``(j) Financially Distressed Community Defined.--In this section, 
the term `financially distressed community' means any community that 
meets affordability criteria established by the State in which the 
treatment works is located, if such criteria are developed after public 
review and comment.
    ``(k) Information To Assist States.--The Administrator may publish 
information to assist States in establishing affordability criteria 
under subsection (j).
    ``(l) Priority.--A State may give priority to a financially 
distressed community in making loans from its water pollution control 
revolving fund.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 (33 U.S.C. 1387) is amended by striking ``the following 
sums:'' and all that follows through the period at the end of paragraph 
(5) and inserting ``$3,000,000,000 for each of fiscal years 2002 
through 2006.''.
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