[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3747 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3747

  To promote water efficiency, conservation, and adaptation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2009

Ms. Berkley (for herself and Ms. Titus) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committees on Transportation and Infrastructure and 
 Natural Resources, 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 promote water efficiency, conservation, and adaptation, 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 ``Water Efficiency, Conservation, and 
Adaptation Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1)(A) human-induced climate change is affecting the 
        natural water cycle, decreasing precipitation levels in the 
        West, especially the Southwest, and making droughts and floods 
        more frequent and more intense;
            (B) declining precipitation levels will severely impact 
        water supplies in Southwestern States; and
            (C) a sharp increase in the number of days with very heavy 
        precipitation throughout the Northeast and the Midwest will 
        stress aging water infrastructure;
            (2) changes in the water cycle caused by climate 
        disruptions will adversely affect water infrastructure, energy 
        production and use, human health, transportation, agriculture, 
        and ecosystems, while also aggravating water disputes across 
        the United States;
            (3)(A) the Colorado River, which supplies water for over 
        30,000,000 people, is experiencing the worst drought in over 
        100 years of recordkeeping; and
            (B) the primary reservoirs of the Colorado River Basin and 
        Lakes Mead and Powell have lost nearly half of the storage 
        waters of the reservoirs and lakes, and clean hydropower 
        generated from Hoover Dam risks reduction if the extended 
        drought persists;
            (4) States and local governments and water utilities can 
        begin to address the challenges described in this section by 
        providing incentives for water efficiency and conservation, 
        while also planning and investing in infrastructure to adapt to 
        the impacts of climate change, particularly those impacts 
        already affecting the United States;
            (5) residential water demand can be reduced by 25 to 40 
        percent using existing, cost-effective technologies that also 
        can reduce the water bills of consumers by hundreds of dollars 
        per year; and
            (6) water and energy use are inseparable activities, and 
        supplying and treating water consumes around 4 percent of the 
        electricity of the United States, and electricity makes up 75 
        percent of the cost of processing and delivering municipal 
        water.

SEC. 3. DEFINITION OF ADMINISTRATOR.

    In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

SEC. 4. WATERSENSE.

    (a) In General.--There is established within the Environmental 
Protection Agency a WaterSense program to identify and promote water 
efficient products, buildings, landscapes, facilities, processes, and 
services so as--
            (1) to reduce water use;
            (2) to reduce the strain on water, wastewater, and 
        stormwater infrastructure;
            (3) to conserve energy used to pump, heat, transport, and 
        treat water; and
            (4) to preserve water resources for future generations, 
        through voluntary labeling of, or other forms of communications 
        about, products, buildings, landscapes, facilities, processes, 
        and services that meet the highest water efficiency and 
        performance criteria.
    (b) Duties.--The Administrator shall--
            (1) establish--
                    (A) a WaterSense label to be used for certain 
                items; and
                    (B) the procedure by which an item may be certified 
                to display the WaterSense label;
            (2) promote WaterSense-labeled products, buildings, 
        landscapes, facilities, processes, and services in the 
        marketplace as the preferred technologies and services for--
                    (A) reducing water use; and
                    (B) ensuring product and service performance;
            (3) work to enhance public awareness of the WaterSense 
        label through public outreach, education, and other means;
            (4) preserve the integrity of the WaterSense label by--
                    (A) establishing and maintaining performance 
                criteria so that products, buildings, landscapes, 
                facilities, processes, and services labeled with the 
                WaterSense label perform as well or better than less 
                water-efficient counterparts;
                    (B) overseeing WaterSense certifications made by 
                third parties;
                    (C) conducting reviews of the use of the WaterSense 
                label in the marketplace and taking corrective action 
                in any case in which misuse of the label is identified; 
                and
                    (D) carrying out such other measures as the 
                Administrator determines to be appropriate;
            (5) regularly review and, if appropriate, update WaterSense 
        criteria for categories of products, buildings, landscapes, 
        facilities, processes, and services, at least once every 4 
        years;
            (6) to the maximum extent practicable, regularly estimate 
        and make available to the public the production and relative 
        market shares of, and the savings of water, energy, and capital 
        costs of water, wastewater, and stormwater infrastructure 
        attributable to the use of WaterSense-labeled products, 
        buildings, landscapes, facilities, processes, and services, at 
        least annually;
            (7) solicit comments from interested parties and the public 
        prior to establishing or revising a WaterSense category, 
        specification, installation criterion, or other criterion (or 
        prior to effective dates for any such category, specification, 
        installation criterion, or other criterion);
            (8) provide reasonable notice to interested parties and the 
        public of any changes (including effective dates), on the 
        adoption of a new or revised category, specification, 
        installation criterion, or other criterion, along with--
                    (A) an explanation of the changes; and
                    (B) as appropriate, responses to comments submitted 
                by interested parties and the public;
            (9) provide appropriate lead time (as determined by the 
        Administrator) prior to the applicable effective date for a new 
        or significant revision to a category, specification, 
        installation criterion, or other criterion, taking into account 
        the timing requirements of the manufacturing, marketing, 
        training, and distribution process for the specific product, 
        building and landscape, or service category addressed;
            (10) identify and, if appropriate, implement other 
        voluntary approaches in commercial, institutional, residential, 
        industrial, and municipal sectors to encourage recycling and 
        reuse technologies to improve water efficiency or lower water 
        use; and
            (11) if appropriate, apply the WaterSense label to water-
        using products that are labeled by the Energy Star program 
        implemented by the Administrator and the Secretary of Energy.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $7,500,000 for fiscal year 2010;
            (2) $10,000,000 for fiscal year 2011;
            (3) $20,000,000 for fiscal year 2012;
            (4) $50,000,000 for fiscal year 2013; and
            (5) for each subsequent fiscal year, the applicable amount 
        during the preceding fiscal year, as adjusted to reflect 
        changes for the 12-month period ending the preceding November 
        30 in the Consumer Price Index for All Urban Consumers 
        published by the Bureau of Labor Statistics of the Department 
        of Labor.

SEC. 5. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION INCENTIVES 
              PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        State government, local or county government, tribal 
        government, wastewater or sewerage utility, municipal water 
        authority, energy utility, water utility, or nonprofit 
        organization that meets the requirements of subsection (b).
            (2) Incentive program.--The term ``incentive program'' 
        means a program for administering financial incentives for 
        consumer purchase and installation of water-efficient products, 
        buildings (including new water-efficient homes), landscapes, 
        processes, or services described in subsection (b)(1).
            (3) Residential water-efficient product, building, 
        landscape, process, or service.--
                    (A) In general.--The term ``residential water-
                efficient product, building, landscape, process, or 
                service'' means a product, building, landscape, 
                process, or service for a residence or its landscape 
                that is rated for water efficiency and performance--
                            (i) by the WaterSense program; or
                            (ii) if a WaterSense specification does not 
                        exist, by the Energy Star program or an 
                        incentive program approved by the 
                        Administrator.
                    (B) Inclusions.--The term ``residential water-
                efficient product, building, landscape, process, or 
                service'' includes--
                            (i) faucets;
                            (ii) irrigation technologies and services;
                            (iii) point-of-use water treatment devices;
                            (iv) reuse and recycling technologies;
                            (v) toilets;
                            (vi) clothes washers;
                            (vii) dishwashers;
                            (viii) showerheads;
                            (ix) xeriscaping and other landscape 
                        conversions that replace irrigated turf; and
                            (x) new water efficient homes certified 
                        under the WaterSense program.
            (4) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 4.
    (b) Eligible Entities.--An entity shall be eligible to receive an 
allocation under subsection (c) if the entity--
            (1) establishes (or has established) an incentive program 
        to provide financial incentives to residential consumers for 
        the purchase of residential water-efficient products, 
        buildings, landscapes, processes, or services;
            (2) submits an application for the allocation at such time, 
        in such form, and containing such information as the 
        Administrator may require; and
            (3) provides assurances satisfactory to the Administrator 
        that the entity will use the allocation to supplement, but not 
        supplant, funds made available to carry out the incentive 
        program.
    (c) Amount of Allocations.--For each fiscal year, the Administrator 
shall determine the amount to allocate to each eligible entity to carry 
out subsection (d), taking into consideration--
            (1) the population served by the eligible entity during the 
        most recent calendar year for which data are available;
            (2) the targeted population of the incentive program of the 
        eligible entity, such as general households, low-income 
        households, or first-time homeowners, and the probable 
        effectiveness of the incentive program for that population;
            (3) for existing programs, the effectiveness of the program 
        in encouraging the adoption of water-efficient products, 
        buildings, landscapes, facilities, processes, and services;
            (4) any allocation to the eligible entity for a preceding 
        fiscal year that remains unused; and
            (5) the per capita water demand of the population served by 
        the eligible entity during the most recent calendar year for 
        which data are available and the accessibility of water 
        supplies to the eligible entity.
    (d) Use of Allocated Funds.--Funds allocated to an eligible entity 
under subsection (c) may be used to pay up to 50 percent of the cost of 
establishing and carrying out an incentive program.
    (e) Fixture Recycling.--Eligible entities are encouraged to promote 
or implement fixture recycling programs to manage the disposal of older 
fixtures replaced due to the incentive program under this section.
    (f) Issuance of Incentives.--
            (1) In general.--Financial incentives may be provided to 
        residential consumers that meet the requirements of the 
        applicable incentive program.
            (2) Manner of issuance.--An eligible entity may--
                    (A) issue all financial incentives directly to 
                residential consumers; or
                    (B) with approval of the Administrator, delegate 
                all or part of financial incentive administration to 
                other organizations, including local governments, 
                municipal water authorities, water utilities, and 
                nonprofit organizations.
            (3) Amount.--The amount of a financial incentive shall be 
        determined by the eligible entity, taking into consideration--
                    (A) the amount of any Federal or State tax 
                incentive available for the purchase of the residential 
                water-efficient product or service;
                    (B) the amount necessary to change consumer 
                behavior to purchase water-efficient products and 
                services; and
                    (C) the consumer expenditures for onsite 
                preparation, assembly, and original installation of the 
                product.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section--
            (1) $100,000,000 for fiscal year 2010;
            (2) $150,000,000 for fiscal year 2011;
            (3) $200,000,000 for fiscal year 2012;
            (4) $150,000,000 for fiscal year 2013;
            (5) $100,000,000 for fiscal year 2014; and
            (6) for each subsequent fiscal year, the applicable amount 
        during the preceding fiscal year, as adjusted to reflect 
        changes for the 12-month period ending the preceding November 
        30 in the Consumer Price Index for All Urban Consumers 
        published by the Bureau of Labor Statistics of the Department 
        of Labor.

SEC. 6. BLUE BANK FOR WATER SYSTEM MITIGATION AND ADAPTATION.

    (a) Definitions.--In this section:
            (1) Abrupt climate change.--The term ``abrupt climate 
        change'' means a large-scale change in the climate system 
        that--
                    (A) takes place over a few decades or less;
                    (B) persists (or is anticipated to persist) for at 
                least a few decades; and
                    (C) causes substantial disruptions in human and 
                natural systems.
            (2) Owner or operator.--
                    (A) In general.--The term ``owner or operator'' 
                means a person (including a regional, State, local, 
                municipal, or private entity) that owns or operates a 
                water system.
                    (B) Inclusion.--The term ``owner or operator'' 
                includes a non-Federal entity that has operational 
                responsibilities for a federally owned water system.
            (3) Water system.--The term ``water system'' means--
                    (A) a community water system (as defined in section 
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
                    (B) a publicly owned treatment works (as defined in 
                section 212 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1292)), including a municipal separate storm 
                sewer system;
                    (C) a decentralized wastewater treatment system for 
                domestic sewage;
                    (D) a groundwater storage and replenishment system; 
                or
                    (E) a system for transport and delivery of water 
                for irrigation or conservation.
    (b) Grants.--Beginning in fiscal year 2010, the Administrator shall 
make grants to owners or operators of water systems to address any 
ongoing or forecasted (based on the best available research and data) 
climate-related impact on the water quality or quantity of a region of 
the United States, for the purposes of mitigating or adapting to the 
impacts of climate change.
    (c) Eligible Uses.--In carrying out this section, the Administrator 
shall make grants to assist in the planning, design, construction, 
implementation, or maintenance of any program or project to increase 
the resilience of a water system to climate change by--
            (1) conserving water or enhancing water use efficiency, 
        including through the use of water metering to measure the 
        effectiveness of a water efficiency program;
            (2) modifying or relocating existing water system 
        infrastructure made or projected to be made inoperable by 
        climate change impacts;
            (3) preserving or improving water quality, including 
        through measures to manage, reduce, treat, or reuse municipal 
        stormwater, wastewater, or drinking water;
            (4) investigating, designing, or constructing groundwater 
        remediation, recycled water, or desalination facilities or 
        systems;
            (5) enhancing water management by increasing watershed 
        preservation and protection, such as through the use of natural 
        or engineered green infrastructure in the management, 
        conveyance, or treatment of water, wastewater, or stormwater;
            (6) enhancing energy efficiency or the use and generation 
        of renewable energy in the management, conveyance, or treatment 
        of water, wastewater, or stormwater;
            (7) supporting the adoption and use of advanced water 
        treatment, water supply management (such as reservoir 
        reoperation), or water demand management technologies, 
        projects, or processes (such as water reuse and recycling or 
        adaptive conservation pricing) that maintain or increase water 
        supply or improve water quality;
            (8) modifying or replacing existing systems or constructing 
        new systems for existing communities or land currently in 
        agricultural production to improve water availability, storage, 
        or conveyance in a manner that--
                    (A) promotes more efficient use of available water 
                supplies; and
                    (B) does not further exacerbate stresses on 
                ecosystems;
            (9) supporting practices and projects, such as improved 
        irrigation systems, water banking and other forms of water 
        transactions, groundwater recharge, stormwater capture, and 
        reuse or recycling of drainage water, to improve water quality 
        or promote more efficient water use, including on land 
        currently in agricultural production;
            (10) conducting and completing studies or assessments to 
        project how climate change may impact the future operations and 
        sustainability of water systems; or
            (11) developing and implementing mitigation measures to 
        rapidly address impacts on water systems most susceptible to 
        abrupt climate change, including those in the Colorado River 
        Basin and coastal regions at risk from rising sea levels.
    (d) Application.--To be eligible to receive a grant from the 
Administrator under subsection (b), the owner or operator of a water 
system shall submit to the Administrator an application that--
            (1) includes a proposal of the program, strategy, or 
        infrastructure improvement to be planned, designed, 
        constructed, implemented, or maintained by the water system;
            (2) cites the best available research or data that 
        demonstrates--
                    (A) the risk to the water resources or 
                infrastructure of the water system as a result of 
                ongoing or forecasted changes to the hydrological 
                system brought about by factors arising from climate 
                change, including rising sea levels and changes in 
                precipitation levels; and
                    (B) how the proposed program, strategy, or 
                infrastructure improvement would perform under the 
                anticipated climate conditions;
            (3) explains how the proposed program, strategy, or 
        infrastructure improvement is expected to enhance the 
        resiliency of the water system, including source water 
        protection for community water systems, to these risks or 
        reduce the direct or indirect greenhouse gas emissions of the 
        water system; and
            (4) demonstrates that the program, strategy, or 
        infrastructure improvement is--
                    (A) consistent with any approved State and tribal 
                climate adaptation plan; and
                    (B) not inconsistent with any approved natural 
                resources plan.
    (e) Competitive Process.--
            (1) In general.--Each calendar year, the Administrator 
        shall conduct a competitive process to select and fund 
        applications under this section.
            (2) Priority requirements and weighting.--In carrying out 
        the process, the Administrator shall--
                    (A) prioritize funding of applications that are 
                submitted by the owners or operators of water systems 
                that are, based on the best available research and 
                data, at the greatest and most immediate risk of facing 
                significant climate-related negative impacts on water 
                quality or quantity;
                    (B) in selecting among the priority applications 
                determined under subparagraph (A), ensure that the 
                final list of applications funded for each year 
                includes a substantial number that, to the maximum 
                extent practicable, includes each eligible use 
                described in subsection (c);
                    (C) solicit applications from water systems that 
                are--
                            (i) located in all regions of the United 
                        States; and
                            (ii) facing varying risks as a result of 
                        climate change; and
                    (D) provide for solicitation and consideration of 
                public input in the development of criteria used in 
                evaluating applications.
    (f) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of any 
        program, strategy, or infrastructure improvement that is the 
        subject of a grant awarded by the Administrator to a water 
        system under subsection (b) shall not exceed 50 percent of the 
        cost of the program, strategy, and infrastructure improvement.
            (2) Calculation of non-federal share.--In calculating the 
        non-Federal share of the cost of a program, strategy, or 
        infrastructure improvement proposed by a water system through 
        an application submitted by the water system under subsection 
        (d), the Administrator shall--
                    (A) include the value of any in-kind services that 
                are integral to the completion of the program, 
                strategy, or infrastructure improvement, as determined 
                by the Administrator; and
                    (B) not include any other amount that the water 
                system receives from a Federal agency.
    (g) Labor Standards.--
            (1) In general.--All laborers and mechanics employed on 
        infrastructure improvements funded directly by or assisted in 
        whole or in part by this section shall be paid wages at rates 
        not less than those prevailing for the same type of work on 
        similar construction in the immediate locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of part A of subtitle II of title 40, United States 
        Code.
            (2) Authority and functions.--With respect to the labor 
        standards in this subsection, the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (h) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall promulgate final 
        regulations to carry out this section.
            (2) Special rule for the construction of treatment works.--
        In carrying out this subsection, the Administrator shall 
        incorporate all relevant and appropriate requirements of title 
        VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
        et seq.) applicable to the construction of treatment works that 
        are carried out under this section.
    (i) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, and every 3 years thereafter, the Administrator 
shall submit to the Congress a report on progress in implementing this 
section, including information on project applications received and 
funded annually.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary.
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