[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1005 Reported in Senate (RS)]
Calendar No. 109
111th CONGRESS
1st Session
S. 1005
[Report No. 111-47]
To amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to improve water and wastewater infrastructure in the United
States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2009
Mr. Cardin (for himself, Mrs. Boxer, Mr. Inhofe, and Mr. Crapo)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
July 15, 2009
Reported by Mrs. Boxer, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to improve water and wastewater infrastructure in the United
States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Water
Infrastructure Financing Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition of Administrator.
<DELETED>TITLE I--WATER POLLUTION INFRASTRUCTURE
<DELETED>Sec. 101. Technical assistance for rural small treatment works
and medium treatment works.
<DELETED>Sec. 102. Projects eligible for assistance.
<DELETED>Sec. 103. Affordability.
<DELETED>Sec. 104. Water pollution control revolving loan funds.
<DELETED>Sec. 105. Transferability of funds.
<DELETED>Sec. 106. Noncompliance.
<DELETED>Sec. 107. Negotiation of contracts.
<DELETED>Sec. 108. Allotment of funds.
<DELETED>Sec. 109. Authorization of appropriations.
<DELETED>Sec. 110. Sewer overflow control grants.
<DELETED>Sec. 111. Critical water infrastructure projects.
<DELETED>TITLE II--SAFE DRINKING WATER INFRASTRUCTURE
<DELETED>Sec. 201. Drinking water technical assistance for communities.
<DELETED>Sec. 202. Preconstruction work.
<DELETED>Sec. 203. Priority system requirements.
<DELETED>Sec. 204. Affordability.
<DELETED>Sec. 205. Safe drinking water revolving loan funds.
<DELETED>Sec. 206. Other authorized activities.
<DELETED>Sec. 207. Authorization of appropriations.
<DELETED>Sec. 208. Negotiation of contracts.
<DELETED>Sec. 209. Critical drinking water infrastructure projects.
<DELETED>Sec. 210. Reducing lead in drinking water.
<DELETED>TITLE III--MISCELLANEOUS
<DELETED>Sec. 301. Definition of Academy.
<DELETED>Sec. 302. Program for water quality enhancement and
management.
<DELETED>Sec. 303. Agricultural watershed sustainability technology
grant program.
<DELETED>Sec. 304. State revolving fund review process.
<DELETED>Sec. 305. Cost of service study.
<DELETED>Sec. 306. Effective utility management strategies.
<DELETED>Sec. 307. WaterSense Program.
<DELETED>SEC. 2. DEFINITION OF ADMINISTRATOR.</DELETED>
<DELETED> In this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.</DELETED>
<DELETED>TITLE I--WATER POLLUTION INFRASTRUCTURE</DELETED>
<DELETED>SEC. 101. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT WORKS
AND MEDIUM TREATMENT WORKS.</DELETED>
<DELETED> (a) In General.--Title II of the Federal Water Pollution
Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end
the following:</DELETED>
<DELETED>``SEC. 222. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT
WORKS AND MEDIUM TREATMENT WORKS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Advanced decentralized wastewater system.--
The term `advanced decentralized wastewater system' means a
decentralized wastewater system that provides more effective
treatment than a conventional septic system.</DELETED>
<DELETED> ``(2) Decentralized wastewater system.--</DELETED>
<DELETED> ``(A) In general.--The term `decentralized
wastewater system' means a wastewater treatment system
that is at or near a site at which wastewater is
generated.</DELETED>
<DELETED> ``(B) Inclusions.--The term `decentralized
wastewater system' includes a system that provides
for--</DELETED>
<DELETED> ``(i) nonpotable reuse of treated
effluent; or</DELETED>
<DELETED> ``(ii) energy and nutrient
recovery from wastewater
constituents.</DELETED>
<DELETED> ``(3) Medium treatment works.--The term `medium
treatment works' means a publicly owned treatment works serving
more than 10,000 but fewer than 100,000 individuals.</DELETED>
<DELETED> ``(4) Qualified nonprofit technical assistance
provider.--The term `qualified nonprofit technical assistance
provider' means a qualified nonprofit technical assistance
provider of water and wastewater services to small or medium-
sized communities that provides technical assistance (including
circuit rider, multi-State regional assistance programs, and
training and preliminary engineering evaluations) to owners and
operators of small treatment works or medium treatment works
that may include State agencies.</DELETED>
<DELETED> ``(5) Small treatment works.--The term `small
treatment works' means a publicly owned treatment works serving
not more than 10,000 individuals.</DELETED>
<DELETED> ``(b) Grant Program.--</DELETED>
<DELETED> ``(1) In general.--The Administrator may make
grants on a competitive basis to qualified nonprofit technical
assistance providers that are qualified to provide assistance
on a broad range of wastewater and stormwater approaches--
</DELETED>
<DELETED> ``(A) to assist owners and operators of
small treatment works and medium treatment works to
plan, develop, and obtain financing for eligible
projects described in section 603(c) or
518(c);</DELETED>
<DELETED> ``(B) to provide financial assistance, in
consultation with the State in which the assistance is
provided, to owners and operators of small treatment
works and medium treatment works for predevelopment
costs (including costs for planning, design, and
associated preconstruction activities, such as
activities relating directly to the siting of the
facility and related elements) associated with
stormwater or wastewater infrastructure projects or
short-term costs incurred for equipment replacement
that is not part of regular operation and maintenance
activities for existing stormwater or wastewater
systems, if the amount of assistance for any single
project does not exceed $50,000;</DELETED>
<DELETED> ``(C) to provide technical assistance and
training for owners and operators of small treatment
works and medium treatment works to enable those
treatment works and systems to protect water quality
and achieve and maintain compliance with this Act;
and</DELETED>
<DELETED> ``(D) to disseminate information to owners
and operators of small treatment works and medium
treatment works, with respect to planning, design,
construction, and operation of treatment works, small
municipal separate storm sewer systems, decentralized
wastewater treatment systems, and advanced
decentralized wastewater treatment systems.</DELETED>
<DELETED> ``(2) Distribution of grant.--In carrying out this
subsection, the Administrator shall ensure, to the maximum
extent practicable, that technical assistance provided using
funds from a grant under paragraph (1) is made available in
each State.</DELETED>
<DELETED> ``(3) Consultation.--As a condition of receiving a
grant under this subsection, a qualified nonprofit technical
assistance provider shall agree to consult with each State in
which grant funds are to be expended before the grant funds are
expended in the State.</DELETED>
<DELETED> ``(4) Annual report.--Not later than 60 days after
the end of each fiscal year, a qualified nonprofit technical
assistance provider that receives a grant under this subsection
shall submit to the Administrator a report that--</DELETED>
<DELETED> ``(A) describes the activities of the
qualified nonprofit technical assistance provider using
grant funds received under this subsection for the
fiscal year; and</DELETED>
<DELETED> ``(B) specifies--</DELETED>
<DELETED> ``(i) the number of communities
served;</DELETED>
<DELETED> ``(ii) the sizes of those
communities; and</DELETED>
<DELETED> ``(iii) the type of assistance
provided by the qualified nonprofit technical
assistance provider.</DELETED>
<DELETED> ``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--</DELETED>
<DELETED> ``(1) for grants for small treatment works,
$25,000,000 for each of fiscal years 2010 through 2014;
and</DELETED>
<DELETED> ``(2) for grants for medium treatment works,
$15,000,000 for each of fiscal years 2010 through
2014.''.</DELETED>
<DELETED> (b) Guidance for Small Systems.--Section 602 of the
Federal Water Pollution Control Act (33 U.S.C. 1382) is amended by
adding at the end the following:</DELETED>
<DELETED> ``(c) Guidance for Small Systems.--</DELETED>
<DELETED> ``(1) Definition of small system.--In this
subsection, the term `small system' means a system--</DELETED>
<DELETED> ``(A) for which a municipality or
intermunicipal, interstate, or State agency seeks
assistance under this title; and</DELETED>
<DELETED> ``(B) that serves a population of not more
than 10,000 individuals.</DELETED>
<DELETED> ``(2) Simplified procedures.--Not later than 1
year after the date of enactment of this subsection, the
Administrator shall assist the States in establishing
simplified procedures for small systems to obtain assistance
under this title.</DELETED>
<DELETED> ``(3) Publication of manual.--Not later than 1
year after the date of enactment of this subsection, after
providing notice and opportunity for public comment, the
Administrator shall publish--</DELETED>
<DELETED> ``(A) a manual to assist small systems in
obtaining assistance under this title; and</DELETED>
<DELETED> ``(B) in the Federal Register, notice of
the availability of the manual.''.</DELETED>
<DELETED>SEC. 102. PROJECTS ELIGIBLE FOR ASSISTANCE.</DELETED>
<DELETED> (a) In General.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (c) and inserting the following:</DELETED>
<DELETED> ``(c) Projects Eligible for Assistance.--</DELETED>
<DELETED> ``(1) In general.--Funds in each State water
pollution control revolving fund shall be used only for
providing financial assistance--</DELETED>
<DELETED> ``(A) to a municipality or an
intermunicipal, interstate, or State agency or a
private treatment works or decentralized wastewater
system that principally treats municipal wastewater or
domestic sewage--</DELETED>
<DELETED> ``(i) for construction of
treatment works (as defined in section 212);
or</DELETED>
<DELETED> ``(ii) for capital costs
associated with monitoring equipment for
combined sanitary sewer overflows;</DELETED>
<DELETED> ``(B) to implement measures to control,
manage, reduce, treat, infiltrate, or reuse stormwater,
the primary purpose of which is the preservation,
protection, or enhancement of water quality to support
public purposes (including the procurement and use of
equipment to support minimum measures, such as street
sweeping and storm drain system cleaning, or
acquisition of other land and interests in land that
are necessary for those activities and
measures);</DELETED>
<DELETED> ``(C) to implement a management program
established under section 319;</DELETED>
<DELETED> ``(D) to develop and implement a
conservation and management plan under section
320;</DELETED>
<DELETED> ``(E) for projects to increase the
security of wastewater treatment works (as defined in
section 212), excluding any expenditure for operations
or maintenance;</DELETED>
<DELETED> ``(F) to carry out water conservation or
efficiency projects that result in direct water quality
benefits;</DELETED>
<DELETED> ``(G) to implement measures to integrate
water resource management planning and
implementation;</DELETED>
<DELETED> ``(H) to carry out water reuse (including
wastewater reuse), reclamation, and recycling projects
that result in direct water quality benefits;</DELETED>
<DELETED> ``(I) for projects to increase the energy
efficiency of treatment works (as defined in section
212) that result in direct water quality
benefits;</DELETED>
<DELETED> ``(J) for the development and
implementation of utility management improvement plans
consistent with an effective utility management
strategy (as defined in section 306(a) of the Water
Infrastructure Financing Act); and</DELETED>
<DELETED> ``(K) for the development and
implementation of integrative watershed improvement
plans that include cost-effective solutions that
consider point and nonpoint sources of pollution and
traditional and cost-saving water treatment and
efficiency projects.</DELETED>
<DELETED> ``(2) Limitation.--Not more than 5 percent of the
amount of a capitalization grant of a State may be used during
a fiscal year to provide assistance for activities described in
subparagraph (J) or (K) of paragraph (1).</DELETED>
<DELETED> ``(3) State water pollution control revolving
funds.--</DELETED>
<DELETED> ``(A) In general.--A State water pollution
control revolving fund shall be established,
maintained, and credited with repayments.</DELETED>
<DELETED> ``(B) Balance of fund.--The balance of
each fund described in subparagraph (A) shall be
available in perpetuity for providing financial
assistance under this section.''.</DELETED>
<DELETED> (b) Modification of Definition.--Section 212(2)(A) of the
Federal Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is amended--
</DELETED>
<DELETED> (1) by striking ``and any works, including
site'';</DELETED>
<DELETED> (2) by striking ``is used for ultimate'' and
inserting ``will be used for ultimate''; and</DELETED>
<DELETED> (3) by inserting ``; and acquisition of other land
and interests in land necessary for construction'' before the
period at the end.</DELETED>
<DELETED>SEC. 103. AFFORDABILITY.</DELETED>
<DELETED> (a) In General.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (e) through (h)
as subsections (g) through (j), respectively;</DELETED>
<DELETED> (2) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``20 years'' and inserting ``the
lesser of 30 years or the design life of the
project to be financed with the proceeds of the
loan''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``not later than 20 years after
project completion'' and inserting ``upon the
expiration of the term of the loan'';</DELETED>
<DELETED> (B) in paragraph (6), by striking ``and''
at the end; and</DELETED>
<DELETED> (C) in paragraph (7), by striking ``title,
except that'' and all that follows and inserting the
following: ``title, except that--</DELETED>
<DELETED> ``(A) such amounts shall not exceed an
amount equal to the sum of, for each fiscal year--
</DELETED>
<DELETED> ``(i) an amount equal to the
greatest of--</DELETED>
<DELETED> ``(I) $400,000;</DELETED>
<DELETED> ``(II)
</DELETED>\<DELETED>1/5</DELETED>\
<DELETED>percent of the current
valuation of the fund; or</DELETED>
<DELETED> ``(III) 6 percent of all
grant awards to the fund under this
title for a fiscal year; and</DELETED>
<DELETED> ``(ii) the amount of any fees
collected by the State for that purpose,
regardless of the source; and</DELETED>
<DELETED> ``(B) as a source of revenue (restricted
solely to interest earnings of the fund) or security
for payment of the principal and interest on revenue or
general obligation bonds issued by the State to provide
matching funds under section 602(b)(2), if the proceeds
of the sale of the bonds will be deposited in the
fund.''; and</DELETED>
<DELETED> (3) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(e) Additional Assistance for Disadvantaged
Communities.--</DELETED>
<DELETED> ``(1) Definition of disadvantaged community.--In
this subsection, the term `disadvantaged community' means a
community with a service area, or portion of a service area, of
a treatment works that meets affordability criteria established
after public review and comment by the State in which the
treatment works is located.</DELETED>
<DELETED> ``(2) Loan subsidy.--Notwithstanding any other
provision of this section, subject to paragraph (5), in a case
in which the State makes a loan from the water pollution
control revolving loan fund in accordance with subsection (c)
to a disadvantaged community or a community that the State
expects to become a disadvantaged community as the result of a
proposed project, the State may provide additional
subsidization, including--</DELETED>
<DELETED> ``(A) the forgiveness of all or a portion
of the principal of the loan; and</DELETED>
<DELETED> ``(B) a negative interest rate on the
loan.</DELETED>
<DELETED> ``(3) Total amount of subsidies.--For each fiscal
year, the total amount of loan subsidies made by the State
pursuant to this subsection may not exceed 30 percent of the
amount of the capitalization grant received by the State for
the fiscal year.</DELETED>
<DELETED> ``(4) Information.--The Administrator may publish
information to assist States in establishing affordability
criteria described in paragraph (1).</DELETED>
<DELETED> ``(f) Cost-saving Water Treatment and Efficiency
Improvements.--</DELETED>
<DELETED> ``(1) In general.--Subject to subsection (e)(3),
in providing a loan for a project under this section, a State
may forgive repayment of a portion of the loan amount up to the
percentage of the project that is devoted to alternative
approaches to wastewater and stormwater controls (including
nonstructural methods), such as projects that treat or minimize
sewage or urban stormwater discharges using--</DELETED>
<DELETED> ``(A) decentralized or distributed
stormwater controls;</DELETED>
<DELETED> ``(B) advanced decentralized wastewater
treatment;</DELETED>
<DELETED> ``(C) low-impact development technologies
and nonstructural approaches;</DELETED>
<DELETED> ``(D) stream buffers;</DELETED>
<DELETED> ``(E) wetland restoration and
enhancement;</DELETED>
<DELETED> ``(F) actions to minimize the quantity of
and direct connections to impervious
surfaces;</DELETED>
<DELETED> ``(G) soil and vegetation, or other
permeable materials;</DELETED>
<DELETED> ``(H) actions that increase efficient
water use, water conservation, or water reuse;
or</DELETED>
<DELETED> ``(I) actions that increase energy
efficiency or reduce energy consumption at a treatment
works.</DELETED>
<DELETED> ``(2) Treatment of loan forgiveness.--The amount
of loan forgiveness provided by a State under this subsection
shall be--</DELETED>
<DELETED> ``(A) credited to each State;
and</DELETED>
<DELETED> ``(B) deducted from the total amount of
State capitalization grants for which matching funds
are required from the State under section
602(b)(2).''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 221(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1301(d)) is amended in the
second sentence by striking ``603(h)'' and inserting
``603(j)''.</DELETED>
<DELETED>SEC. 104. WATER POLLUTION CONTROL REVOLVING LOAN
FUNDS.</DELETED>
<DELETED> Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) is amended by striking subsection (i) (as redesignated by
section 103(a)(1)) and inserting the following:</DELETED>
<DELETED> ``(i) Priority System Requirement.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Restructuring.--The term
`restructuring' means--</DELETED>
<DELETED> ``(i) the consolidation of
management functions or ownership with another
facility; or</DELETED>
<DELETED> ``(ii) the formation of
cooperative partnerships.</DELETED>
<DELETED> ``(B) Traditional wastewater approach.--
The term `traditional wastewater approach' means a
managed system used to collect and treat wastewater
from an entire service area consisting of--</DELETED>
<DELETED> ``(i) collection sewers;</DELETED>
<DELETED> ``(ii) a centralized treatment
plant using biological, physical, or chemical
treatment processes; and</DELETED>
<DELETED> ``(iii) a direct point source
discharge to surface water.</DELETED>
<DELETED> ``(2) Priority system.--In providing financial
assistance from the water pollution control revolving fund of
the State, the State shall establish a priority system that--
</DELETED>
<DELETED> ``(A) takes into consideration appropriate
chemical, physical, and biological data relating to
water quality that the State considers reasonably
available and of sufficient quality;</DELETED>
<DELETED> ``(B) ensures that projects undertaken
with assistance under this title are designed to
achieve, as determined by the State, the optimum water
quality management, consistent with the public health
and water quality goals and requirements of this
Act;</DELETED>
<DELETED> ``(C) provides for public notice and
opportunity to comment on the establishment of the
priority system and the summary under subparagraph (D);
and</DELETED>
<DELETED> ``(D) provides for the publication, not
less than biennially in summary form, of a description
of projects in the State that are eligible for
assistance under this title that indicates--</DELETED>
<DELETED> ``(i) the priority assigned to
each project under the priority system of the
State; and</DELETED>
<DELETED> ``(ii) the funding schedule for
each project, to the extent the information is
available.</DELETED>
<DELETED> ``(3) Weight given to applications.--After
determining project priorities under subparagraph (2), the
State shall give greater weight to an application for
assistance if the application includes such information as the
State determines to be necessary and contains--</DELETED>
<DELETED> ``(A) a description of utility management
best practices undertaken by a treatment works applying
for assistance, including--</DELETED>
<DELETED> ``(i) an inventory of assets,
including a description of the condition of
those assets;</DELETED>
<DELETED> ``(ii) a schedule for replacement
of the assets;</DELETED>
<DELETED> ``(iii) a financing plan that
factors in all lifecycle costs indicating
sources of revenue from ratepayers, grants,
bonds, other loans, and other sources to meet
the costs; and</DELETED>
<DELETED> ``(iv) a review of options for
restructuring the treatment works;</DELETED>
<DELETED> ``(B) approaches other than a traditional
wastewater approach that treat or minimize sewage or
urban stormwater discharges using--</DELETED>
<DELETED> ``(i) decentralized or distributed
stormwater controls;</DELETED>
<DELETED> ``(ii) advanced decentralized
wastewater treatment;</DELETED>
<DELETED> ``(iii) low-impact development
technologies and nonstructural
approaches;</DELETED>
<DELETED> ``(iv) stream buffers;</DELETED>
<DELETED> ``(v) wetland restoration and
enhancement;</DELETED>
<DELETED> ``(vi) actions to minimize the
quantity of and direct connections to
impervious surfaces;</DELETED>
<DELETED> ``(vii) soil and vegetation, or
other permeable materials;</DELETED>
<DELETED> ``(viii) actions that increase
efficient water use, water conservation, or
water reuse; or</DELETED>
<DELETED> ``(ix) actions that increase
energy efficiency or reduce energy consumption
at a treatment works;</DELETED>
<DELETED> ``(C) a demonstration of consistency with
State, regional, and municipal watershed plans, water
conservation and efficiency plans, or integrated water
resource management plans;</DELETED>
<DELETED> ``(D) a proposal by the applicant
demonstrating flexibility through alternative means to
carry out responsibilities under Federal regulations,
that may include watershed permitting and other
innovative management approaches, while achieving
results that--</DELETED>
<DELETED> ``(i) the State, in the case of a
permit program approved under section 402,
determines will meet permit requirements;
or</DELETED>
<DELETED> ``(ii) the Administrator
determines are measurably superior, as compared
to regulatory standards; or</DELETED>
<DELETED> ``(E) projects that address adverse
environmental conditions.''.</DELETED>
<DELETED>SEC. 105. TRANSFERABILITY OF FUNDS.</DELETED>
<DELETED> Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) (as amended by section 103(a)(1)) is amended by adding at
the end the following:</DELETED>
<DELETED> ``(k) Transfer of Funds.--</DELETED>
<DELETED> ``(1) In general.--The Governor of a State may--
</DELETED>
<DELETED> ``(A)(i) reserve not more than the greater
of--</DELETED>
<DELETED> ``(I) 33 percent of a
capitalization grant made under this title;
or</DELETED>
<DELETED> ``(II) 33 percent of a
capitalization grant made under section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-
12); and</DELETED>
<DELETED> ``(ii) add the reserved funds to any funds
provided to the State under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12); and</DELETED>
<DELETED> ``(B)(i) reserve for any year an amount
that does not exceed the amount that may be reserved
under subparagraph (A) for that year from
capitalization grants made under section 1452 of that
Act (42 U.S.C. 300j-12); and</DELETED>
<DELETED> ``(ii) add the reserved funds to any funds
provided to the State under this title.</DELETED>
<DELETED> ``(2) State match.--Funds reserved under this
subsection shall not be considered to be a State contribution
for a capitalization grant required under this title or section
1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)).''.</DELETED>
<DELETED>SEC. 106. NONCOMPLIANCE.</DELETED>
<DELETED> Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) (as amended by section 105) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(l) Noncompliance.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), no assistance (other than assistance that is to be used by
a treatment works solely for planning, design, or security
purposes) shall be provided under this title to the owner or
operator of a treatment works that has been in significant
noncompliance with any requirement of this Act for any of the 4
quarters during the preceding 8 quarters, unless the treatment
works is in compliance with an enforceable administrative order
to effect compliance with the requirement.</DELETED>
<DELETED> ``(2) Exception.--An owner or operator of a
treatment works that is determined under paragraph (1) to be in
significant noncompliance with a requirement described in that
paragraph may receive assistance under this title if the
Administrator and the State providing the assistance determine
that--</DELETED>
<DELETED> ``(A) the entity conducting the
enforcement action on which the determination of
significant noncompliance is based has determined that
the use of assistance would enable the owner or
operator of the treatment works to take corrective
action toward resolving the violations; or</DELETED>
<DELETED> ``(B) the entity conducting the
enforcement action on which the determination of
significant noncompliance is based has determined that
the assistance would be used by the owner or operator
of the treatment works in order to assist owners and
operators in making progress towards
compliance.''.</DELETED>
<DELETED>SEC. 107. NEGOTIATION OF CONTRACTS.</DELETED>
<DELETED> Section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) (as amended by section 106) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(m) Negotiation of Contracts.--</DELETED>
<DELETED> ``(1) In general.--A contract to be carried out
using funds directly made available by a capitalization grant
under this section for program management, construction
management, feasibility studies, preliminary engineering,
design, engineering, surveying, mapping, or architectural or
related services shall be negotiated in the same manner as--
</DELETED>
<DELETED> ``(A) a contract for architectural and
engineering services is negotiated under chapter 11 of
title 40, United States Code; or</DELETED>
<DELETED> ``(B) an equivalent State qualifications-
based requirement (as determined by the Governor of the
State).</DELETED>
<DELETED> ``(2) Exemption for small communities.--Paragraph
(1) shall not apply to a contract described in that paragraph
for program management, construction management, feasibility
studies, preliminary engineering, design, engineering,
surveying, mapping, or architectural or related services for a
community of 10,000 or fewer individuals.''.</DELETED>
<DELETED>SEC. 108. ALLOTMENT OF FUNDS.</DELETED>
<DELETED> Section 604 of the Federal Water Pollution Control Act (33
U.S.C. 1384) is amended by striking subsections (a) and (b) and
inserting the following:</DELETED>
<DELETED> ``(a) In General.--Amounts authorized to be appropriated
to carry out this section for each of fiscal years 2010 through 2014
shall be allotted among States by the Administrator in accordance with
the percentages specified in the following table:</DELETED>
------------------------------------------------------------------------
``State Percentage
------------------------------------------------------------------------
Alabama.................................................... 0.012860
Alaska..................................................... 0.007500
Arizona.................................................... 0.010247
Arkansas................................................... 0.007500
California................................................. 0.079629
Colorado................................................... 0.010164
Connecticut................................................ 0.014150
Delaware................................................... 0.007500
District of Columbia....................................... 0.005000
Florida.................................................... 0.044139
Georgia.................................................... 0.012825
Hawaii..................................................... 0.008048
Idaho...................................................... 0.007500
Illinois................................................... 0.048540
Indiana.................................................... 0.024633
Iowa....................................................... 0.010266
Kansas..................................................... 0.009129
Kentucky................................................... 0.012025
Louisiana.................................................. 0.013465
Maine...................................................... 0.007829
Maryland................................................... 0.025129
Massachusetts.............................................. 0.025754
Michigan................................................... 0.033487
Minnesota.................................................. 0.020385
Mississippi................................................ 0.009112
Missouri................................................... 0.028037
Montana.................................................... 0.007500
Nebraska................................................... 0.008023
Nevada..................................................... 0.007500
New Hampshire.............................................. 0.007500
New Jersey................................................. 0.046117
New Mexico................................................. 0.007500
New York................................................... 0.103531
North Carolina............................................. 0.019007
North Dakota............................................... 0.007500
Ohio....................................................... 0.054722
Oklahoma................................................... 0.008171
Oregon..................................................... 0.012456
Pennsylvania............................................... 0.041484
Rhode Island............................................... 0.007500
South Carolina............................................. 0.007500
South Dakota............................................... 0.007500
Tennessee.................................................. 0.011019
Texas...................................................... 0.037664
Utah....................................................... 0.007500
Vermont.................................................... 0.007500
Virginia................................................... 0.020698
Washington................................................. 0.017588
West Virginia.............................................. 0.011825
Wisconsin.................................................. 0.022844
Wyoming.................................................... 0.007500
Puerto Rico................................................ 0.005000
Territories................................................ 0.002500.
------------------------------------------------------------------------
<DELETED> ``(b) Reservation of Funds.--</DELETED>
<DELETED> ``(1) Planning.--Each State may reserve for each
fiscal year to carry out planning under sections 205(j) and
303(e) an amount equal to the greater of--</DELETED>
<DELETED> ``(A) 2 percent of the sums allotted to
the State under this section for the fiscal year;
or</DELETED>
<DELETED> ``(B) $100,000.</DELETED>
<DELETED> ``(2) Indian tribes.--Of the total amount of funds
allotted to the State under this section for a fiscal year, 1.5
percent shall be allocated to Indian tribes (as defined in
section 518(h)).</DELETED>
<DELETED> ``(3) Operator training.--Of the total amount of
funds made available to carry out this title, for fiscal year
2009 and each fiscal year thereafter, the Administrator may
reserve not more than $5,000,000 to carry out the objectives
described in section 104(g).''.</DELETED>
<DELETED>SEC. 109. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> The Federal Water Pollution Control Act is amended by
striking section 607 (33 U.S.C. 1387) and inserting the
following:</DELETED>
<DELETED>``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``(a) In General.--There are authorized to be appropriated
to carry out this title--</DELETED>
<DELETED> ``(1) $3,200,000,000 for each of fiscal years 2010
and 2011;</DELETED>
<DELETED> ``(2) $3,600,000,000 for fiscal year
2012;</DELETED>
<DELETED> ``(3) $4,000,000,000 for fiscal year 2013;
and</DELETED>
<DELETED> ``(4) $6,000,000,000 for fiscal year
2014.</DELETED>
<DELETED> ``(b) Availability.--Amounts made available under this
section shall remain available until expended.</DELETED>
<DELETED> ``(c) Reservation for Needs Surveys.--Of the amount made
available under subsection (a) to carry out this title for a fiscal
year, the Administrator may reserve not more than $1,000,000 for the
fiscal year, to remain available until expended, to pay the costs of
conducting needs surveys under section 516(b)(1)(B).''.</DELETED>
<DELETED>SEC. 110. SEWER OVERFLOW CONTROL GRANTS.</DELETED>
<DELETED> (a) Sewer Overflow Control Grants.--Section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking ``In General''
and all that follows through ``(2) subject to subsection (g),
the Administrator may'' and inserting the following:</DELETED>
<DELETED> ``(a) In General.--The Administrator may--</DELETED>
<DELETED> ``(1) make grants to States for the purpose of
providing grants to a municipality or municipal entity for
planning, design, and construction of treatment works to
intercept, transport, control, or treat municipal combined
sewer overflows and sanitary sewer overflows; and</DELETED>
<DELETED> ``(2) subject to subsection (g),''; and</DELETED>
<DELETED> (2) by striking subsections (e) through (g) and
inserting the following:</DELETED>
<DELETED> ``(e) Administrative Requirements.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), a
project that receives grant assistance under subsection (a)
shall be carried out subject to the same requirements as a
project that receives assistance from a State water pollution
control revolving fund established pursuant to title
VI.</DELETED>
<DELETED> ``(2) Determination of governor.--The requirement
described in paragraph (1) shall not apply to a project that
receives grant assistance under subsection (a) to the extent
that the Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, to remain
available until expended--</DELETED>
<DELETED> ``(1) $250,000,000 for fiscal year 2010;</DELETED>
<DELETED> ``(2) $300,000,000 for fiscal year 2011;</DELETED>
<DELETED> ``(3) $350,000,000 for fiscal year 2012;</DELETED>
<DELETED> ``(4) $400,000,000 for fiscal year 2013;
and</DELETED>
<DELETED> ``(5) $500,000,000 for fiscal year 2014.</DELETED>
<DELETED> ``(g) Allocation of Funds.--</DELETED>
<DELETED> ``(1) Fiscal year 2010 and 2011.--For each of
fiscal years 2010 and 2011, subject to subsection (h), the
Administrator shall use the amounts made available to carry out
this section to provide grants to municipalities and municipal
entities under subsection (a)(2)--</DELETED>
<DELETED> ``(A) in accordance with the priority
criteria described in subsection (b); and</DELETED>
<DELETED> ``(B) with additional priority given to
proposed projects that involve the use of--</DELETED>
<DELETED> ``(i) nonstructural, low-impact
development;</DELETED>
<DELETED> ``(ii) water conservation,
efficiency, or reuse; or</DELETED>
<DELETED> ``(iii) other decentralized
stormwater or wastewater approaches to minimize
flows into the sewer systems.</DELETED>
<DELETED> ``(2) Fiscal year 2012 and thereafter.--For fiscal
year 2012 and each fiscal year thereafter, subject to
subsection (h), the Administrator shall use the amounts made
available to carry out this section to provide grants to States
under subsection (a)(1) in accordance with a formula that--
</DELETED>
<DELETED> ``(A) shall be established by the
Administrator, after providing notice and an
opportunity for public comment; and</DELETED>
<DELETED> ``(B) allocates to each State a
proportional share of the amounts based on the total
needs of the State for municipal combined sewer
overflow controls and sanitary sewer overflow controls,
as identified in the most recent survey--</DELETED>
<DELETED> ``(i) conducted under section 210;
and</DELETED>
<DELETED> ``(ii) included in a report
required under section
516(b)(1)(B).''.</DELETED>
<DELETED> (b) Reports.--Section 221(i) of the Federal Water
Pollution Control Act (33 U.S.C. 1301(i)) is amended in the first
sentence by striking ``2003'' and inserting ``2011''.</DELETED>
<DELETED>SEC. 111. CRITICAL WATER INFRASTRUCTURE PROJECTS.</DELETED>
<DELETED> (a) Establishment.--The Administrator shall establish a
program under which grants are provided to eligible entities for use in
carrying out projects and activities the primary purpose of which is
watershed restoration through the protection or improvement of water
quality.</DELETED>
<DELETED> (b) Project Selection.--</DELETED>
<DELETED> (1) In general.--The Administrator may provide
funds under this section to an eligible entity to carry out an
eligible project described in paragraph (3).</DELETED>
<DELETED> (2) Equitable distribution.--The Administrator
shall ensure an equitable distribution of projects under this
section, taking into account cost and number of requests for
each category listed in paragraph (3).</DELETED>
<DELETED> (3) Eligible projects.--A project that is eligible
to be carried out using funds provided under this section may
include projects that are included in the intended use plan of
the State developed in accordance with section 606(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1386(c)).</DELETED>
<DELETED> (c) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of--</DELETED>
<DELETED> (1) affected State and local governments;
and</DELETED>
<DELETED> (2) public and private entities that are active in
watershed planning and restoration.</DELETED>
<DELETED> (d) Before carrying out any project under this section,
the Administrator shall enter into an agreement with 1 or more non-
Federal interests that shall require the non-Federal interests--
</DELETED>
<DELETED> (1) to pay 45 percent of the total costs of the
project, which may include services, materials, supplies, or
other in-kind contributions;</DELETED>
<DELETED> (2) to provide any land, easements, rights-of-way,
and relocations necessary to carry out the project;
and</DELETED>
<DELETED> (3) to pay 100 percent of any operation,
maintenance, repair, replacement, and rehabilitation costs
associated with the project.</DELETED>
<DELETED> (e) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an eligible
activity using funds from a grant provided under this section if the
Administrator determines that an eligible entity is unable to pay, or
would experience significant financial hardship if required to pay, the
non-Federal share.</DELETED>
<DELETED> (f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for each of
fiscal years 2010 through 2014.</DELETED>
<DELETED>TITLE II--SAFE DRINKING WATER INFRASTRUCTURE</DELETED>
<DELETED>SEC. 201. DRINKING WATER TECHNICAL ASSISTANCE FOR
COMMUNITIES.</DELETED>
<DELETED> Section 1442(e) of the Safe Drinking Water Act (42 U.S.C.
300j-1(e)) is amended--</DELETED>
<DELETED> (1) in the first sentence, by striking ``The
Administrator may provide'' and inserting the
following:</DELETED>
<DELETED> ``(1) Public water systems.--The Administrator may
provide'';</DELETED>
<DELETED> (2) in the second sentence, by striking ``Such
assistance'' and inserting the following:</DELETED>
<DELETED> ``(2) Types of assistance.--Such
assistance'';</DELETED>
<DELETED> (3) in the third sentence, by striking ``The
Administrator shall ensure'' and inserting the
following:</DELETED>
<DELETED> ``(3) Availability.--The Administrator shall
ensure'';</DELETED>
<DELETED> (4) in the fourth sentence, by striking ``Each
nonprofit'' and inserting the following:</DELETED>
<DELETED> ``(4) Requirement applicable to nonprofit
organizations.--Each nonprofit''; and</DELETED>
<DELETED> (5) by striking the fifth sentence and all that
follows and inserting the following:</DELETED>
<DELETED> ``(5) Priority.--In providing grants under this
section, the Administrator shall give priority to small systems
organizations that, as determined by the Administrator, in
consultation with the State, are qualified and will be the most
effective at assisting small systems.</DELETED>
<DELETED> ``(6) Wells and well systems.--</DELETED>
<DELETED> ``(A) In general.--The Administrator shall
provide grants to nonprofit organizations to provide
technical assistance to communities and individuals
regarding the design, operation, construction, and
maintenance of household wells and small shared well
systems that provide drinking water.</DELETED>
<DELETED> ``(B) Form of assistance.--Technical
assistance referred to in subparagraph (A) may
include--</DELETED>
<DELETED> ``(i) training and
education;</DELETED>
<DELETED> ``(ii) operation of a hotline;
and</DELETED>
<DELETED> ``(iii) the conduct of other
activities relating to the design and
construction of household, shared, and small
water well systems in rural areas.</DELETED>
<DELETED> ``(C) Priority.--Subject to paragraph (5),
in providing grants under this section, the
Administrator shall give priority to applicants that,
as determined by the Administrator--</DELETED>
<DELETED> ``(i) are qualified; and</DELETED>
<DELETED> ``(ii) have demonstrated
experience in providing similar technical
assistance and in developing similar
projects.</DELETED>
<DELETED> ``(D) Authorization of appropriations.--
There is authorized to be appropriated to carry out
this paragraph--</DELETED>
<DELETED> ``(i) $7,000,000 for fiscal year
2010; and</DELETED>
<DELETED> ``(ii) $7,500,000 for each of
fiscal years 2011 through 2014.</DELETED>
<DELETED> ``(7) Funding.--</DELETED>
<DELETED> ``(A) Authorization of appropriations.--
There is authorized to be appropriated to the
Administrator to carry out this subsection (other than
paragraph (6)) $35,000,000 for each of fiscal years
2010 through 2014.</DELETED>
<DELETED> ``(B) Lobbying expenses.--No portion of
any State loan fund established under section 1452 and
no portion of any funds made available under this
subsection may be used for lobbying expenses.</DELETED>
<DELETED> ``(C) Indian tribes.--Of the total amount
made available under this section for each fiscal year,
3 percent shall be used for technical assistance to
public water systems owned or operated by Indian
Tribes.''.</DELETED>
<DELETED>SEC. 202. PRECONSTRUCTION WORK.</DELETED>
<DELETED> Section 1452(a)(2) of the Safe Drinking Water Act (42
U.S.C. 300j-12(a)(2)) is amended--</DELETED>
<DELETED> (1) by designating the first, second, third,
fourth, and fifth sentences as subparagraphs (A), (B), (D),
(E), and (F), respectively;</DELETED>
<DELETED> (2) in subparagraph (B) (as designated by
paragraph (1))--</DELETED>
<DELETED> (A) by striking ``(not'' and inserting
``(including expenditures for planning, design, and
associated preconstruction activities, including
activities relating to the siting of the facility, but
not''; and</DELETED>
<DELETED> (B) by inserting before the period at the
end the following: ``or to replace or rehabilitate
aging treatment, storage, or distribution facilities of
public water systems or provide for capital projects
(excluding any expenditure for operations and
maintenance) to upgrade the security of public water
systems''; and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) (as
designated by paragraph (1)) the following:</DELETED>
<DELETED> ``(C) Sale of bonds.--Funds may also be
used by a public water system as a source of revenue
(restricted solely to interest earnings of the
applicable State loan fund) or security for payment of
the principal and interest on revenue or general
obligation bonds issued by the State to provide
matching funds under subsection (e), if the proceeds of
the sale of the bonds will be deposited in the State
loan fund.''.</DELETED>
<DELETED>SEC. 203. PRIORITY SYSTEM REQUIREMENTS.</DELETED>
<DELETED> Section 1452(b)(3) of the Safe Drinking Water Act (42
U.S.C. 300j-12(b)(3)) is amended--</DELETED>
<DELETED> (1) by redesignating subparagraph (B) as
subparagraph (D);</DELETED>
<DELETED> (2) by striking subparagraph (A) and inserting the
following:</DELETED>
<DELETED> ``(A) Definition of restructuring.--In
this paragraph, the term `restructuring' means changes
in operations (including ownership, cooperative
partnerships, asset management, consolidation, and
alternative water supply).</DELETED>
<DELETED> ``(B) Priority system.--An intended use
plan shall provide, to the maximum extent practicable,
that priority for the use of funds be given to projects
that--</DELETED>
<DELETED> ``(i) address the most serious
risk to human health;</DELETED>
<DELETED> ``(ii) are necessary to ensure
compliance with this title (including
requirements for filtration);</DELETED>
<DELETED> ``(iii) assist systems most in
need on a per-household basis according to
State affordability criteria; and</DELETED>
<DELETED> ``(iv) improve the sustainability
of systems.</DELETED>
<DELETED> ``(C) Weight given to applications.--After
determining project priorities under subparagraph (B),
an intended use plan shall provide that the State shall
give greater weight to an application for assistance by
a community water system if the application includes
such information as the State determines to be
necessary and contains--</DELETED>
<DELETED> ``(i) an inventory of assets,
including a description of the condition of the
assets;</DELETED>
<DELETED> ``(ii) a schedule for replacement
of assets;</DELETED>
<DELETED> ``(iii) a financing plan that
factors in all lifecycle costs indicating
sources of revenue from ratepayers, grants,
bonds, other loans, and other sources to meet
the costs;</DELETED>
<DELETED> ``(iv) a review of options for
restructuring the public water
system;</DELETED>
<DELETED> ``(v) demonstration of consistency
with State, regional, and municipal watershed
plans;</DELETED>
<DELETED> ``(vi) a water conservation plan
consistent with guidelines developed for those
plans by the Administrator under section
1455(a); and</DELETED>
<DELETED> ``(vii) approaches to improve the
sustainability of the system, including--
</DELETED>
<DELETED> ``(I) water efficiency or
conservation;</DELETED>
<DELETED> ``(II) use of reclaimed
water; and</DELETED>
<DELETED> ``(III) actions to
increase energy efficiency.'';
and</DELETED>
<DELETED> (3) in subparagraph (D) (as redesignated by
paragraph (1)), by striking ``periodically'' and inserting ``at
least biennially''.</DELETED>
<DELETED>SEC. 204. AFFORDABILITY.</DELETED>
<DELETED> Section 1452(d)(3) of the Safe Drinking Water Act (42
U.S.C. 300j-12(d)(3)) is amended in the first sentence by inserting ``,
or portion of a service area,'' after ``service area''.</DELETED>
<DELETED>SEC. 205. SAFE DRINKING WATER REVOLVING LOAN FUNDS.</DELETED>
<DELETED> Section 1452(g) of the Safe Drinking Water Act (42 U.S.C.
300j-12(g)) is amended--</DELETED>
<DELETED> (1) paragraph (2)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``4'' and inserting ``6''; and</DELETED>
<DELETED> (B) by striking ``1419,'' and all that
follows through ``1993.'' and inserting ``1419.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(5) Transfer of funds.--</DELETED>
<DELETED> ``(A) In general.--The Governor of a State
may--</DELETED>
<DELETED> ``(i)(I) reserve not more than the
greater of--</DELETED>
<DELETED> ``(aa) 33 percent of a
capitalization grant made under this
section; or</DELETED>
<DELETED> ``(bb) 33 percent of a
capitalization grant made under section
601 of the Federal Water Pollution
Control Act (33 U.S.C. 1381);</DELETED>
<DELETED> ``(II) add the funds reserved to
any funds provided to the State under section
601 of the Federal Water Pollution Control Act
(33 U.S.C. 1381); and</DELETED>
<DELETED> ``(ii)(I) reserve for any fiscal
year an amount that does not exceed the amount
that may be reserved under clause (i)(I) for
that year from capitalization grants made under
section 601 of that Act (33 U.S.C. 1381);
and</DELETED>
<DELETED> ``(II) add the reserved funds to
any funds provided to the State under this
section.</DELETED>
<DELETED> ``(B) State match.--Funds reserved under
this paragraph shall not be considered to be a State
match of a capitalization grant required under this
section or section 602(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1382(b)).''.</DELETED>
<DELETED>SEC. 206. OTHER AUTHORIZED ACTIVITIES.</DELETED>
<DELETED> Section 1452(k)(2)(D) of the Safe Drinking Water Act (42
U.S.C. 300j-12(k)(2)(D)) is amended by inserting before the period at
the end the following: ``(including implementation of source water
protection plans)''.</DELETED>
<DELETED>SEC. 207. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended by striking subsection (m) and inserting the
following:</DELETED>
<DELETED> ``(m) Authorization of Appropriations.--</DELETED>
<DELETED> ``(1) In general.--There are authorized to be
appropriated to carry out this section--</DELETED>
<DELETED> ``(A) $1,500,000,000 for fiscal year
2010;</DELETED>
<DELETED> ``(B) $2,000,000,000 for each of fiscal
years 2011 and 2012;</DELETED>
<DELETED> ``(C) $3,200,000,000 for fiscal year 2013;
and</DELETED>
<DELETED> ``(D) $6,000,000,000 for fiscal year
2014.</DELETED>
<DELETED> ``(2) Availability.--Amounts made available under
this subsection shall remain available until
expended.</DELETED>
<DELETED> ``(3) Reservation for needs surveys.--Of the
amount made available under paragraph (1) to carry out this
section for a fiscal year, the Administrator may reserve not
more than $1,000,000 per year to pay the costs of conducting
needs surveys under subsection (h).''.</DELETED>
<DELETED>SEC. 208. NEGOTIATION OF CONTRACTS.</DELETED>
<DELETED> Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended by adding at the end the following:</DELETED>
<DELETED> ``(s) Negotiation of Contracts.--</DELETED>
<DELETED> ``(1) In general.--A contract to be carried out
using funds directly made available by a capitalization grant
under this section for program management, construction
management, feasibility studies, preliminary engineering,
design, engineering, surveying, mapping, or architectural or
related services shall be negotiated in the same manner as--
</DELETED>
<DELETED> ``(A) a contract for architectural and
engineering services is negotiated under chapter 11 of
title 40, United States Code; or</DELETED>
<DELETED> ``(B) an equivalent State qualifications-
based requirement (as determined by the Governor of the
State).</DELETED>
<DELETED> ``(2) Exemption for small communities.--Paragraph
(1) shall not apply to a contract described in that paragraph
for program management, construction management, feasibility
studies, preliminary engineering, design, engineering,
surveying, mapping, or architectural or related services for a
community of 10,000 or fewer individuals.''.</DELETED>
<DELETED>SEC. 209. CRITICAL DRINKING WATER INFRASTRUCTURE
PROJECTS.</DELETED>
<DELETED> (a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a program
under which grants are provided to eligible entities for use in
carrying out projects and activities the primary purpose of which is to
assist community water systems in meeting the requirements of the Safe
Drinking Water Act (42 U.S.C. 300f et seq.).</DELETED>
<DELETED> (b) Project Selection.--A project that is eligible to be
carried out using funds provided under this section may include
projects that--</DELETED>
<DELETED> (1) develop alternative water sources;</DELETED>
<DELETED> (2) provide assistance to small systems;
or</DELETED>
<DELETED> (3) assist a community water system--</DELETED>
<DELETED> (A) to comply with a national primary
drinking water regulation; or</DELETED>
<DELETED> (B) to mitigate groundwater contamination,
including saltwater intrusion.</DELETED>
<DELETED> (c) Eligible Entities.--An entity eligible to receive a
grant under this section is--</DELETED>
<DELETED> (1) a community water system as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f);
or</DELETED>
<DELETED> (2) a system that is located in an area governed
by an Indian Tribe (as defined in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f));</DELETED>
<DELETED> (d) Priority.--In prioritizing projects for implementation
under this section, the Administrator shall give priority to community
water systems that--</DELETED>
<DELETED> (1) serve a community that, under affordability
criteria established by the State under section 1452(d)(3) of
the Safe Drinking Water Act (42 U.S.C. 300j-12), is determined
by the State to be--</DELETED>
<DELETED> (A) a disadvantaged community;
or</DELETED>
<DELETED> (B) a community that may become a
disadvantaged community as a result of carrying out an
eligible activity; or</DELETED>
<DELETED> (2) serve a community with a population of less
than 10,000 individuals.</DELETED>
<DELETED> (e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of, affected States, Indian Tribes,
and local governments.</DELETED>
<DELETED> (f) Cost Sharing.--Before carrying out any project under
this section, the Administrator shall enter into a binding agreement
with 1 or more non-Federal interests that shall require the non-Federal
interests--</DELETED>
<DELETED> (1) to pay 45 percent of the total costs of the
project, which may include services, materials, supplies, or
other in-kind contributions;</DELETED>
<DELETED> (2) to provide any land, easements, rights-of-way,
and relocations necessary to carry out the project;
and</DELETED>
<DELETED> (3) to pay 100 percent of any operation,
maintenance, repair, replacement, and rehabilitation costs
associated with the project.</DELETED>
<DELETED> (g) Waiver.--The Administrator may waive the requirement
to pay the non-Federal share of the cost of carrying out an eligible
activity using funds from a grant provided under this section if the
Administrator determines that an eligible entity is unable to pay, or
would experience significant financial hardship if required to pay, the
non-Federal share.</DELETED>
<DELETED> (h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--</DELETED>
<DELETED> (1) $230,000,000 for fiscal year 2010;
and</DELETED>
<DELETED> (2) $300,000,000 for each of fiscal years 2011
through 2014.</DELETED>
<DELETED>SEC. 210. REDUCING LEAD IN DRINKING WATER.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a community water system (as defined
in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f));</DELETED>
<DELETED> (B) a system located in an area governed
by an Indian Tribe (as defined in that
section);</DELETED>
<DELETED> (C) a nontransient noncommunity water
system;</DELETED>
<DELETED> (D) a qualified nonprofit organization, as
determined by the Administrator; and</DELETED>
<DELETED> (E) a municipality or State, interstate,
or intermunicipal agency.</DELETED>
<DELETED> (2) Lead reduction project.--The term ``lead
reduction project'' means a project or activity the primary
purpose of which is to reduce the level of lead in water for
human consumption by--</DELETED>
<DELETED> (A) replacement of publicly owned lead
service lines;</DELETED>
<DELETED> (B) capital costs, testing, planning, or
other relevant activities, as determined by the
Administrator, to identify and address conditions
(including corrosion control) that contribute to
increased lead levels in water for human
consumption;</DELETED>
<DELETED> (C) assistance to low-income homeowners to
replace privately owned service lines, pipes, fittings,
or fixtures that contain lead; and</DELETED>
<DELETED> (D) education of consumers regarding
measures to reduce exposure to lead from drinking water
or other sources.</DELETED>
<DELETED> (3) Low-income.--The term ``low-income'', with
respect to an individual provided assistance under this
section, has such meaning as may be given the term by the head
of the municipality or State, interstate, or intermunicipal
agency with jurisdiction over the area to which assistance is
provided.</DELETED>
<DELETED> (4) Municipality.--The term ``municipality''
means--</DELETED>
<DELETED> (A) a city, town, borough, county, parish,
district, association, or other public entity
established by, or pursuant to, applicable State law;
and</DELETED>
<DELETED> (B) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)).</DELETED>
<DELETED> (b) Grant Program.--</DELETED>
<DELETED> (1) Establishment.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
establish a grant program to provide assistance to eligible
entities for lead reduction projects in the United
States.</DELETED>
<DELETED> (2) Evaluation.--In providing assistance under
this section, the Administrator shall evaluate--</DELETED>
<DELETED> (A) whether an eligible entity applying
for assistance has taken steps to identify the source
of lead in water for human consumption; and</DELETED>
<DELETED> (B) the means by which the proposed lead
reduction project would reduce lead levels in the
applicable water system.</DELETED>
<DELETED> (3) Priority application.--In providing grants
under this subsection, the Administrator shall give priority to
an eligible entity that--</DELETED>
<DELETED> (A) carries out a lead reduction project
at a public water system or nontransient noncommunity
water system that has exceeded the lead action level
established by the Administrator at any time during the
3-year period preceding the date of submission of the
application of the eligible entity;</DELETED>
<DELETED> (B) addresses lead levels in water for
human consumption at a school, daycare, or other
facility that primarily serves children or another
vulnerable human subpopulation; or</DELETED>
<DELETED> (C) addresses such priority criteria as
the Administrator may establish, consistent with the
goal of reducing lead levels of concern.</DELETED>
<DELETED> (4) Cost sharing.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), the non-Federal share of the total cost of a
project funded by a grant under this subsection shall
be not less than 20 percent.</DELETED>
<DELETED> (B) Waiver.--The Administrator may reduce
or eliminate the non-Federal share under subparagraph
(A) for reasons of affordability, as the Administrator
determines to be appropriate.</DELETED>
<DELETED> (5) Low-income assistance.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraphs
(B) and (C), an eligible entity may use a grant
provided under this subsection to provide assistance to
low-income homeowners to carry out lead reduction
projects.</DELETED>
<DELETED> (B) Low-income assistance cap.--Of the
funds made available to carry out this section, not
more than $5,000,000 may be allocated to provide
assistance to low-income homeowners under this
paragraph for any fiscal year.</DELETED>
<DELETED> (C) Limitation.--The amount of a grant
provided to a low-income homeowner under this paragraph
shall not exceed $5,000.</DELETED>
<DELETED> (6) Special consideration for lead service line
replacement.--In carrying out lead service line replacement
using a grant under this subsection, an eligible entity shall--
</DELETED>
<DELETED> (A) notify customers of the replacement of
any publicly owned portion of the lead service
line;</DELETED>
<DELETED> (B) offer to replace the privately owned
portion of the lead service line at the cost of
replacement;</DELETED>
<DELETED> (C) recommend measures to avoid exposure
to short-term increases in lead levels following a
partial lead service line replacement; and</DELETED>
<DELETED> (D) demonstrate that the eligible entity
has considered multiple options for reducing lead in
drinking water, including an evaluation of options for
corrosion control.</DELETED>
<DELETED> (c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $60,000,000 for each of
fiscal years 2010 through 2014.</DELETED>
<DELETED>TITLE III--MISCELLANEOUS</DELETED>
<DELETED>SEC. 301. DEFINITION OF ACADEMY.</DELETED>
<DELETED> In this title, the term ``Academy'' means the National
Academy of Sciences.</DELETED>
<DELETED>SEC. 302. PROGRAM FOR WATER QUALITY ENHANCEMENT AND
MANAGEMENT.</DELETED>
<DELETED> (a) Innovative Technology and Alternative Approaches Grant
Program.--</DELETED>
<DELETED> (1) In general.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall
establish a program to provide grants to, and enter into
contracts and cooperative agreements with, research
institutions, institutions of higher education, National
Laboratories, and other appropriate entities (including
consortia of such institutions and entities), through a
competitive process, in accordance with the plan developed
under subsection (b), for research regarding, and development
of the use of, innovative and alternative technologies to
improve water quality, drinking water supply, or water use
efficiency and conservation.</DELETED>
<DELETED> (2) Types of projects.--In carrying out this
subsection, the Administrator may select projects relating to
such matters as innovative or alternative technologies,
approaches, practices, or methods--</DELETED>
<DELETED> (A) to increase the effectiveness and
efficiency of water and wastewater infrastructure
through the use of integrated water resource
management;</DELETED>
<DELETED> (B) to increase the effectiveness and
efficiency of public water systems, including--
</DELETED>
<DELETED> (i) source water
protection;</DELETED>
<DELETED> (ii) water use
reduction;</DELETED>
<DELETED> (iii) water collection, storage,
and treatment and reuse of rainwater,
stormwater, and graywater;</DELETED>
<DELETED> (iv) identification of behavioral,
social, and economic barriers to achieving
greater water use efficiency;</DELETED>
<DELETED> (v) use of watershed planning
directed toward water quality, conservation,
and supply;</DELETED>
<DELETED> (vi) actions to reduce energy
consumption;</DELETED>
<DELETED> (vii) water treatment;</DELETED>
<DELETED> (viii) water distribution and
wastewater collection systems;</DELETED>
<DELETED> (ix) desalination; and</DELETED>
<DELETED> (x) water security;</DELETED>
<DELETED> (C) to encourage the use of innovative or
alternative technologies or approaches relating to
water supply or availability;</DELETED>
<DELETED> (D) to increase the effectiveness and
efficiency of new and existing treatment works,
including--</DELETED>
<DELETED> (i) methods of collecting,
treating, dispersing, reusing, reclaiming, and
recycling wastewater;</DELETED>
<DELETED> (ii) system design;</DELETED>
<DELETED> (iii) nonstructural
alternatives;</DELETED>
<DELETED> (iv) decentralized
approaches;</DELETED>
<DELETED> (v) stormwater and wastewater
reuse;</DELETED>
<DELETED> (vi) water use efficiency and
conservation;</DELETED>
<DELETED> (vii) actions to reduce energy
consumption;</DELETED>
<DELETED> (viii) technologies to extract
energy from wastewater; and</DELETED>
<DELETED> (ix) wastewater
security;</DELETED>
<DELETED> (E) to increase the effectiveness and
efficiency of municipal separate storm sewer systems
and combined sewer systems, including through the use
of soil and vegetation or other permeable
materials;</DELETED>
<DELETED> (F) to promote new water treatment
technologies and management approaches, including
commercialization and dissemination strategies for
adoption of innovative water, wastewater, and
stormwater technologies and management approaches or
low-impact development technologies in the homebuilding
industry; or</DELETED>
<DELETED> (G) to maintain a clearinghouse of
technologies and management approaches developed under
this subsection and subsections (c) and (d) at a
research consortium or institute or other appropriate
organization, as determined by the
Administrator.</DELETED>
<DELETED> (3) Factors for consideration.--In planning and
implementing the program under this subsection, the
Administrator shall take into consideration--</DELETED>
<DELETED> (A) research needs identified by water
resource managers, State and local governments, and
other interested parties; and</DELETED>
<DELETED> (B) technologies and processes likely to
achieve the greatest increases in water quality,
drinking water supply, or water use efficiency and
conservation.</DELETED>
<DELETED> (4) Minority-serving institutions.--In carrying
out the program under this subsection, the Administrator--
</DELETED>
<DELETED> (A) may provide extramural grants to
institutions of higher education; and</DELETED>
<DELETED> (B) shall encourage participation by
minority-serving institutions.</DELETED>
<DELETED> (b) Strategic Research Plan.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in
coordination with the heads of other appropriate Federal
departments and agencies, shall develop a strategic research
plan for the grant program under subsection (a).</DELETED>
<DELETED> (2) Requirements.--</DELETED>
<DELETED> (A) Coordination.--The plan under
paragraph (1) shall be carried out, to the maximum
extent practicable, in coordination with other research
and development strategic plans of the Environmental
Protection Agency.</DELETED>
<DELETED> (B) Contents.--The plan under paragraph
(1) shall--</DELETED>
<DELETED> (i) describe, in outline form,
research goals and priorities relating to an
agenda of water quality, drinking water supply,
and water use efficiency and conservation,
including--</DELETED>
<DELETED> (I) developing innovative
water supply-enhancing processes and
technologies;</DELETED>
<DELETED> (II) improving existing
processes and technologies, including
wastewater treatment, desalination, and
groundwater recharge and recovery
schemes;</DELETED>
<DELETED> (III) improving the
effectiveness and efficiency of
nontraditional wastewater treatment
practices, including nonstructural
alternatives, low-impact development
techniques, and decentralized
approaches; and</DELETED>
<DELETED> (IV) exploring concepts
that extract energy from
wastewater;</DELETED>
<DELETED> (ii)(I) identify current Federal
water-related research efforts directed toward
achieving the goals of improving water quality,
water use efficiency, or water conservation or
expanding water supply; and</DELETED>
<DELETED> (II) describe the means by which
those efforts are coordinated with the program
established under subsection (a) in order to
leverage resources and avoid
duplication;</DELETED>
<DELETED> (iii) take into consideration the
public health and environmental quality impacts
and cost-effectiveness of each relevant
technology and approach; and</DELETED>
<DELETED> (iv) take into consideration and
incorporate, as appropriate, recommendations
contained in reports and studies conducted by
Federal departments and agencies, the National
Research Council, the National Science and
Technology Council, and other appropriate
entities.</DELETED>
<DELETED> (3) Science advisory board review.--The
Administrator shall submit the plan under paragraph (1) to the
Science Advisory Board of the Environmental Protection Agency
for review.</DELETED>
<DELETED> (4) Revisions.--The plan under paragraph (1) shall
be revised and amended as necessary to reflect updated
scientific findings and national research priorities.</DELETED>
<DELETED> (c) Municipalities Grant Program.--</DELETED>
<DELETED> (1) Definition of municipality.--In this
subsection, the term ``municipality'' means--</DELETED>
<DELETED> (A) a city, town, borough, county, parish,
district, association, authority, or other public
entity established by, or pursuant to, State law;
or</DELETED>
<DELETED> (B) an Indian tribe (as defined in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)).</DELETED>
<DELETED> (2) Establishment.--Not later than 90 days after
the date of publication of the initial report under subsection
(e)(2), the Administrator shall establish a nationwide
demonstration grant program--</DELETED>
<DELETED> (A) to promote innovations in technology
and alternative approaches to water quality management
or water supply developed under subsection (a);
and</DELETED>
<DELETED> (B) to reduce costs to municipalities
incurred in complying with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) and the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) through the
approaches and technologies developed under subsection
(a).</DELETED>
<DELETED> (3) Scope.--The demonstration grant program shall
consist of up to 10 projects each year, to be carried out in
municipalities selected by the Administrator under paragraph
(5).</DELETED>
<DELETED> (4) Applications.--A municipality that seeks to
participate in the demonstration grant program established
under this subsection shall submit to the Administrator a plan
that--</DELETED>
<DELETED> (A) is developed in coordination with--
</DELETED>
<DELETED> (i) the agencies of the State
having jurisdiction over water quality and
water supply matters; and</DELETED>
<DELETED> (ii) interested stakeholders,
including institutions of higher education and
related research institutions;</DELETED>
<DELETED> (B) describes water impacts specific to
urban or rural areas;</DELETED>
<DELETED> (C) includes a strategy under which the
municipality, through participation in the
demonstration grant program, could effectively--
</DELETED>
<DELETED> (i) address water quality or water
supply problems; and</DELETED>
<DELETED> (ii) achieve the water quality
goals that--</DELETED>
<DELETED> (I) could be achieved
using more traditional methods;
and</DELETED>
<DELETED> (II) are required under
the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) or the Safe
Drinking Water Act (42 U.S.C. 300f et
seq.); and</DELETED>
<DELETED> (D) includes a schedule for achieving the
water quality, water supply, or water use efficiency
and conservation goals of the municipality.</DELETED>
<DELETED> (5) Categories of projects.--</DELETED>
<DELETED> (A) In general.--In carrying out the
demonstration grant program, the Administrator shall
provide grants for--</DELETED>
<DELETED> (i) projects relating to water
supply, water quality, or water use efficiency
and conservation matters described in
subsection (a)(2); and</DELETED>
<DELETED> (ii) subject to subparagraph (B),
not less than 2 projects for the incorporation
into a building of the most current water use
efficiency and conservation technologies and
designs.</DELETED>
<DELETED> (B) Projects for incorporation.--
</DELETED>
<DELETED> (i) Incremental cost limitation.--
A grant provided under subparagraph (A)(ii) may
be used only to pay the incremental costs of
incorporation into a building of a water use
efficiency and conservation technology or
design.</DELETED>
<DELETED> (ii) Types of buildings.--Of the
projects for which grants are provided under
subparagraph (A)(ii)--</DELETED>
<DELETED> (I) at least 1 shall be
for a residential building;
and</DELETED>
<DELETED> (II) at least 1 shall be
for a commercial building.</DELETED>
<DELETED> (iii) Public availability.--The
design of each building for which a grant is
provided under subparagraph (A)(ii) shall be
made available to the public, and each such
building shall be accessible to the public for
tours and educational purposes.</DELETED>
<DELETED> (6) Responsibilities of administrator.--In
providing grants for projects under this subsection, the
Administrator shall--</DELETED>
<DELETED> (A) ensure, to the maximum extent
practicable, that--</DELETED>
<DELETED> (i) the demonstration grant
program under this subsection includes a
variety of projects with respect to--</DELETED>
<DELETED> (I) geographical
distribution;</DELETED>
<DELETED> (II) innovative
technologies used for the projects;
and</DELETED>
<DELETED> (III) nontraditional
approaches (including low-impact
development technologies) used for the
projects; and</DELETED>
<DELETED> (ii) each category of project
described in paragraph (5) is adequately
represented;</DELETED>
<DELETED> (B) give higher priority to projects
that--</DELETED>
<DELETED> (i) address multiple problems;
and</DELETED>
<DELETED> (ii) are regionally
applicable;</DELETED>
<DELETED> (C) ensure, to the maximum extent
practicable, that at least 1 community having a
population of 10,000 or fewer individuals receives a
grant for each fiscal year; and</DELETED>
<DELETED> (D) ensure that, for each fiscal year, no
municipality receives more than 25 percent of the total
amount of funds made available for the fiscal year to
provide grants under this subsection.</DELETED>
<DELETED> (7) Cost sharing.--</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), the non-Federal share of the total
cost of a project funded by a grant under this
subsection shall be not less than 20 percent.</DELETED>
<DELETED> (B) Waiver.--The Administrator may reduce
or eliminate the non-Federal share of the cost of a
project for reasons of affordability.</DELETED>
<DELETED> (d) Incorporation of Results and Information.--</DELETED>
<DELETED> (1) Technology transfer.--The Administrator,
taking into consideration the results of the projects carried
out using grants under subsections (a) and (c), shall--
</DELETED>
<DELETED> (A) facilitate the adoption of
technologies and processes to promote increased water
quality, drinking water supply, and water use
efficiency and conservation; and</DELETED>
<DELETED> (B) collect and disseminate information,
including through the establishment of a publicly
accessible clearinghouse, regarding those technologies
and processes, including information on--</DELETED>
<DELETED> (i) incentives and impediments to
development and commercialization;</DELETED>
<DELETED> (ii) best practices; and</DELETED>
<DELETED> (iii) anticipated increases in
water quality, drinking water supply, and water
use efficiency and conservation resulting from
the implementation of specific technologies and
processes.</DELETED>
<DELETED> (2) Incorporation of results and information.--To
the maximum extent practicable, the Administrator shall
incorporate the results of, and information obtained from,
successful projects under this section into other programs
administered by the Administrator.</DELETED>
<DELETED> (e) Reports.--</DELETED>
<DELETED> (1) Reports from grant recipients.--A recipient of
a grant under this section shall submit to the Administrator,
on the date of completion of a project of the recipient and on
each of the dates that is 1, 2, and 3 years after that date, a
report that describes the effectiveness of the
project.</DELETED>
<DELETED> (2) Reports to congress.--Not later than 2 years
after the date of enactment of this Act, and not less
frequently than once every 2 years thereafter, the
Administrator shall submit to the Committee on Environment and
Public Works of the Senate and the Committees on Transportation
and Infrastructure and Energy and Commerce of the House of
Representatives a report describing--</DELETED>
<DELETED> (A) the findings of each recipient of a
grant under subsection (a) with respect to the
identification of any potential new technology or
management approach developed by the recipient;
and</DELETED>
<DELETED> (B) the status and results of the grant
program under subsection (c).</DELETED>
<DELETED> (f) Water Management Study and Report.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (A) Low-impact approach.--The term ``low-
impact approach'' means a strategy that manages
rainfall at the source using decentralized microscale
controls to mimic the predevelopment hydrology of the
relevant site by using a design technique that
infiltrates, filters, stores, evaporates, and detains
runoff close to the source.</DELETED>
<DELETED> (B) Soft path approach.--The term ``soft
path approach'' means a general framework that
encompasses--</DELETED>
<DELETED> (i) increased efficiency of water
use;</DELETED>
<DELETED> (ii) integration of water supply,
wastewater treatment, and stormwater management
systems; and</DELETED>
<DELETED> (iii) protection, restoration, and
effective use of the natural capacities of
ecosystems to provide clean water.</DELETED>
<DELETED> (2) Study.--</DELETED>
<DELETED> (A) In general.--Not later than 60 days
after the date of enactment of this Act, the
Administrator shall enter into an arrangement with the
National Academy of Sciences under which the Academy
shall conduct a study, by not later than 2 years after
that date, of innovative, effective, and systematic
approaches for the management of water supply,
wastewater, and stormwater.</DELETED>
<DELETED> (B) Contents.--The study shall--</DELETED>
<DELETED> (i) be based on and enhance, to
the maximum extent practicable, relevant
studies previously conducted by the
Academy;</DELETED>
<DELETED> (ii) focus in particular on soft-
path approaches and low-impact approaches to
the management described in subparagraph
(A);</DELETED>
<DELETED> (iii) take into consideration the
costs of each approach analyzed by the
study;</DELETED>
<DELETED> (iv) examine and compare the state
of research, technology development, and
emerging practices in other developed and
developing countries with those in the United
States;</DELETED>
<DELETED> (v) identify and evaluate relevant
system approaches for comprehensive water
management, including the interrelationship of
water systems with other major systems, such as
energy and transportation systems;</DELETED>
<DELETED> (vi) identify priority research
and development needs; and</DELETED>
<DELETED> (vii) assess implementation needs
and barriers.</DELETED>
<DELETED> (C) Authorization of appropriations.--
There is authorized to be appropriated to carry out
this paragraph $1,000,000 for the period of fiscal
years 2010 through 2012.</DELETED>
<DELETED> (3) Report.--</DELETED>
<DELETED> (A) In general.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Science and Technology of the House of
Representatives a report describing the key findings of
the study under paragraph (2).</DELETED>
<DELETED> (B) Inclusions.--The report under
subparagraph (A) shall include--</DELETED>
<DELETED> (i) an evaluation of relevant
challenges and opportunities; and</DELETED>
<DELETED> (ii) recommendations for
innovative and integrated solutions for use as
a practical reference by water managers,
planners, developers, scientists, engineers,
nongovernmental organizations, Federal
departments and agencies, and
regulators.</DELETED>
<DELETED> (g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000 for each of
fiscal years 2010 through 2014.</DELETED>
<DELETED>SEC. 303. AGRICULTURAL WATERSHED SUSTAINABILITY TECHNOLOGY
GRANT PROGRAM.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Agricultural commodity.--The term
``agricultural commodity'' means--</DELETED>
<DELETED> (A) agricultural, horticultural,
viticultural, and dairy products;</DELETED>
<DELETED> (B) livestock and the products of
livestock;</DELETED>
<DELETED> (C) the products of poultry and bee
raising;</DELETED>
<DELETED> (D) the products of forestry;
and</DELETED>
<DELETED> (E) other commodities raised or produced
on agricultural sites, as determined to be appropriate
by the Secretary of Agriculture.</DELETED>
<DELETED> (2) Agricultural project.--The term ``agricultural
project'' means an agricultural watershed sustainability
technology pilot project that, as determined by the
Administrator--</DELETED>
<DELETED> (A) is carried out at an agricultural
site;</DELETED>
<DELETED> (B)(i) achieves demonstrable improvements
in water quality that meet or exceed those mandated by
statutory or regulatory requirements; or</DELETED>
<DELETED> (ii) improves water use efficiency;
and</DELETED>
<DELETED> (C) will not substantially adversely
affect agricultural commodity production, yield,
profitability, or any other long-term environmental
medium, including air and groundwater
resources.</DELETED>
<DELETED> (3) Agricultural site.--The term ``agricultural
site'' means a farming or ranching operation of a producer in
the United States.</DELETED>
<DELETED> (4) Producer.--The term ``producer'' means any
person or group of persons (including an irrigation district
and a drainage district) engaged in the production and sale of
an agricultural commodity that owns, or shares the ownership
and risk of loss of, the agricultural commodity.</DELETED>
<DELETED> (5) Revolving fund.--The term ``revolving fund''
means an agricultural watershed sustainability technology
revolving fund--</DELETED>
<DELETED> (A) that is established by a State using
amounts provided under subsection (b)(1);</DELETED>
<DELETED> (B) that is maintained and credited with
repayments; and</DELETED>
<DELETED> (C) the balance of which shall be
available in perpetuity for providing financial
assistance.</DELETED>
<DELETED> (b) Grants for Agricultural State Revolving Funds.--
</DELETED>
<DELETED> (1) In general.--As soon as practicable after the
date of enactment of this section, the Administrator shall
provide to each eligible State described in paragraph (2) 1 or
more capitalization grants, that cumulatively equal no more
than $1,000,000 per State, for use in establishing, within an
agency of the State having jurisdiction over agriculture or
environmental quality, an agricultural watershed sustainability
technology revolving fund.</DELETED>
<DELETED> (2) Eligible states.--An eligible State referred
to in paragraph (1) is a State that agrees, prior to receipt of
a capitalization grant under paragraph (1)--</DELETED>
<DELETED> (A) to establish, and deposit the funds
from the grant in, a revolving fund;</DELETED>
<DELETED> (B) to provide, at a minimum, a State
share in an amount equal to 20 percent of the
capitalization grant;</DELETED>
<DELETED> (C) to use amounts in the revolving fund
to make loans to producers in accordance with
subsection (c); and</DELETED>
<DELETED> (D) to return amounts in the revolving
fund if no loan applications are granted within 2 years
of the receipt of the initial capitalization
grant.</DELETED>
<DELETED> (c) Loans to Producers.--</DELETED>
<DELETED> (1) Use of funds.--A State that establishes a
revolving fund under subsection (b)(2) shall use amounts in the
revolving fund to provide loans to producers for use in
designing and constructing agricultural projects.</DELETED>
<DELETED> (2) Maximum amount of loan.--The amount of a loan
made to a producer using funds from a revolving fund shall not
exceed $250,000, in the aggregate, for all agricultural
projects serving an agricultural site of the
producer.</DELETED>
<DELETED> (3) Conditions on loans.--A loan made to a
producer using funds from a revolving fund shall--</DELETED>
<DELETED> (A) have an interest rate that is not more
than the market interest rate, including an interest-
free loan; and</DELETED>
<DELETED> (B) be repaid to the revolving fund not
later than 20 years after the date on which funds are
initially disbursed.</DELETED>
<DELETED> (d) Requirements for Producers.--</DELETED>
<DELETED> (1) In general.--A producer that seeks to receive
a loan from a revolving fund shall--</DELETED>
<DELETED> (A) submit to the State within the
jurisdiction of which the agricultural site of the
producer is located an application that--</DELETED>
<DELETED> (i) contains such information as
the State may require; and</DELETED>
<DELETED> (ii) demonstrates, to the
satisfaction of the State, that each project
proposed to be carried out with funds from the
loan is an agricultural project; and</DELETED>
<DELETED> (B) agree to expend all funds from a loan
in an expeditious and timely manner, as determined by
the State.</DELETED>
<DELETED> (2) Maximum percentage of agricultural project
cost.--Subject to subsection (c)(2), a producer that receives a
loan from a revolving fund may use funds from the loan to pay
up to 100 percent of the cost of carrying out an agricultural
project.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000.</DELETED>
<DELETED>SEC. 304. STATE REVOLVING FUND REVIEW PROCESS.</DELETED>
<DELETED> As soon as practicable after the date of enactment of this
Act, the Administrator shall--</DELETED>
<DELETED> (1) consult with States, utilities, nonprofit
organizations, and other Federal agencies providing financial
assistance to identify ways to expedite and improve the
application and review process, for the provision of assistance
from--</DELETED>
<DELETED> (A) the State water pollution control
revolving funds established under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et
seq.); and</DELETED>
<DELETED> (B) the State drinking water treatment
revolving loan funds established under section 1452 of
the Safe Drinking Water Act (42 U.S.C. 300j-
12);</DELETED>
<DELETED> (2) in carrying out this section, the
Administrator shall consider the needs of small treatment works
(as defined by section 222 of the Federal Water Pollution
Control Act and small public water systems (as described in
section 1433(d) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(d));</DELETED>
<DELETED> (3) take such administrative action as is
necessary to expedite and improve the process as the
Administrator has authority to take under existing
law;</DELETED>
<DELETED> (4) collect information relating to innovative
approaches taken by any State to simplify the application
process of the State, and provide the information to each
State; and</DELETED>
<DELETED> (5) submit to Congress a report that, based on the
information identified under paragraph (1), contains
recommendations for legislation to facilitate further
streamlining and improvement of the process.</DELETED>
<DELETED>SEC. 305. COST OF SERVICE STUDY.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall enter an arrangement
with the Academy under which the Academy shall complete and provide to
the Administrator the results of a study of the means by which public
water systems and treatment works selected by the Academy in accordance
with subsection (c) meet the costs associated with operations,
maintenance, capital replacement, and regulatory
requirements.</DELETED>
<DELETED> (b) Required Elements.--</DELETED>
<DELETED> (1) Affordability.--The study shall, at a
minimum--</DELETED>
<DELETED> (A) determine whether the rates at public
water systems and treatment works for communities
included in the study were established using a full-
cost pricing model;</DELETED>
<DELETED> (B) if a full-cost pricing model was not
used, identify any incentive rate systems that have
been successful in significantly reducing--</DELETED>
<DELETED> (i) per capita water
demand;</DELETED>
<DELETED> (ii) the volume of wastewater
flows;</DELETED>
<DELETED> (iii) the volume of stormwater
runoff; or</DELETED>
<DELETED> (iv) the quantity of pollution
generated by stormwater;</DELETED>
<DELETED> (C) identify a set of best industry
practices that public water systems and treatment works
may use in establishing a rate structure that--
</DELETED>
<DELETED> (i) adequately addresses the true
cost of services provided to consumers by
public water systems and treatment works,
including infrastructure replacement;</DELETED>
<DELETED> (ii) encourages water
conservation; and</DELETED>
<DELETED> (iii) takes into consideration the
needs of disadvantaged individuals and
communities, as identified by the
Administrator;</DELETED>
<DELETED> (D) identify existing standards for
affordability and the manner in which those standards
are determined and defined;</DELETED>
<DELETED> (E) determine the manner in which
affordability varies with respect to communities of
different sizes and in different regions; and</DELETED>
<DELETED> (F) determine the extent to which
affordability affects the decision of a community to
increase public water system and treatment works rates
(including the decision relating to the percentage by
which those rates should be increased).</DELETED>
<DELETED> (2) Disadvantaged communities.--The study shall,
at a minimum--</DELETED>
<DELETED> (A) survey a cross-section of States
representing different sizes, demographics, and
geographical regions;</DELETED>
<DELETED> (B) describe, for each State described in
subparagraph (A), the definition of ``disadvantaged
community'' used in the State in carrying out projects
and activities under the Safe Drinking Water Act (42
U.S.C. 300f et seq.);</DELETED>
<DELETED> (C) review other means of identifying the
meaning of the term ``disadvantaged'', as that term
applies to communities;</DELETED>
<DELETED> (D) determine which factors and
characteristics are required for a community to be
considered ``disadvantaged''; and</DELETED>
<DELETED> (E) evaluate the degree to which factors
such as a reduction in the tax base over a period of
time, a reduction in population, the loss of an
industrial base, and the existence of areas of
concentrated poverty are taken into account in
determining whether a community is a disadvantaged
community.</DELETED>
<DELETED> (c) Selection of Communities.--The Academy shall select
communities, the public water system and treatment works rate
structures of which are to be studied under this section, that include
a cross-section of communities representing various populations, income
levels, demographics, and geographical regions.</DELETED>
<DELETED> (d) Use of Results of Study.--On receipt of the results of
the study, the Administrator shall--</DELETED>
<DELETED> (1) submit the study to Congress;</DELETED>
<DELETED> (2) submit a report that describes the results of
the study; and</DELETED>
<DELETED> (3) make the results available to treatment works
and public water systems for use by the publicly owned
treatment works and public water systems, on a voluntary basis,
in determining whether 1 or more new approaches may be
implemented at facilities of the publicly owned treatment works
and public water systems.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for each of
fiscal years 2010 and 2014.</DELETED>
<DELETED>SEC. 306. EFFECTIVE UTILITY MANAGEMENT STRATEGIES.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Effective utility management strategy.--The
term ``effective utility management strategy'' means a strategy
for the operation and management of a utility that, as
determined by the Administrator, incorporates the following
attributes:</DELETED>
<DELETED> (A) Product quality.</DELETED>
<DELETED> (B) Stakeholder understanding and
support.</DELETED>
<DELETED> (C) Customer satisfaction.</DELETED>
<DELETED> (D) Employee development.</DELETED>
<DELETED> (E) Operational optimization.</DELETED>
<DELETED> (F) Financial viability.</DELETED>
<DELETED> (G) Infrastructure stability.</DELETED>
<DELETED> (H) Operational resiliency.</DELETED>
<DELETED> (I) Community sustainability.</DELETED>
<DELETED> (J) Water resource adequacy.</DELETED>
<DELETED> (2) Utility.--The term ``utility'' means--
</DELETED>
<DELETED> (A) a treatment works (as defined in
section 212 of the Federal Water Pollution Control Act
(33 U.S.C. 1292)); and</DELETED>
<DELETED> (B) a public water system (as defined in
section 1401 of the Safe Drinking Water Act (42 U.S.C.
300f)).</DELETED>
<DELETED> (b) Action by Administrator.--The Administrator may carry
out training programs, provide technical assistance, and disseminate
information regarding effective utility management strategies,
including by--</DELETED>
<DELETED> (1) providing seminars and workshops (including
electronic-based seminars and workshops), conferences, and
other educational programs and developing curricula to advance
effective utility management strategies;</DELETED>
<DELETED> (2) offering support and advice (including
financial, operational, and management advice) to utility
operators and managers regarding effective utility management
strategies; and</DELETED>
<DELETED> (3) publishing and disseminating manuals on best
management practices and other relevant information, success
stories, and lessons learned relating to effective utility
management strategies.</DELETED>
<DELETED> (c) Partner Organizations.--In carrying out subsection
(b), the Administrator may enter into cooperative agreements, as the
Administrator determines to be appropriate, with--</DELETED>
<DELETED> (1) stakeholder associations;</DELETED>
<DELETED> (2) qualified nonprofit organizations;
and</DELETED>
<DELETED> (3) other relevant organizations, as determined by
the Administrator.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for each of
fiscal years 2010 through 2014.</DELETED>
<DELETED>SEC. 307. WATERSENSE PROGRAM.</DELETED>
<DELETED> (a) Establishment.--There is established within the
Environmental Protection Agency a program, to be known as the
``WaterSense Program'', to identify and promote voluntary approaches to
increase water efficiency in the United States to reduce the strain on
water and wastewater infrastructure and conserve water resources for
future generations through voluntary labeling, promotion, or other
forms of communication regarding water efficient products, programs,
processes, buildings, landscapes, facilities, and services that meet
the highest water conservation and performance standards.</DELETED>
<DELETED> (b) Administration.--The WaterSense Program shall be
carried out by the Administrator.</DELETED>
<DELETED> (c) Duties.--In carrying out the WaterSense Program, the
Administrator shall--</DELETED>
<DELETED> (1) establish--</DELETED>
<DELETED> (A) a WaterSense label to be used for
certain items; and</DELETED>
<DELETED> (B) the procedure by which an item may be
certified to display the WaterSense label;</DELETED>
<DELETED> (2) promote products displaying the WaterSense
label as the preferred technologies in the market place for--
</DELETED>
<DELETED> (A) reducing water use; and</DELETED>
<DELETED> (B) ensuring product
performance;</DELETED>
<DELETED> (3) work to enhance public awareness of the
WaterSense label;</DELETED>
<DELETED> (4) preserve the integrity of the WaterSense label
by--</DELETED>
<DELETED> (A) developing specifications to ensure
reliable performance of WaterSense-labeled products,
buildings, landscapes, and services;</DELETED>
<DELETED> (B) overseeing WaterSense certifications
made by third parties;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) carrying out such other measures as
the Administrator determines to be
appropriate;</DELETED>
<DELETED> (5) regularly research and update WaterSense
product criteria for each applicable category of
products;</DELETED>
<DELETED> (6) solicit comments from interested parties
before establishing or revising a WaterSense product category,
specification, or criterion (or before the effective date for
any such product category, specification, or criterion, as
applicable);</DELETED>
<DELETED> (7) on adoption of a new or revised product
category, specification, or criterion, provide reasonable
notice to interested parties regarding--</DELETED>
<DELETED> (A) any change (including a change of
effective date) to the product category, specification,
or criterion;</DELETED>
<DELETED> (B) an explanation of the change;
and</DELETED>
<DELETED> (C) as appropriate, responses to comments
submitted by interested parties regarding the product
category, specification, or criterion;</DELETED>
<DELETED> (8) provide appropriate lead time, as determined
by the Administrator, before the applicable effective date for
a new or significant revision to a product category,
specification, or criterion, taking into account the timing
requirements of the manufacturing, product marketing, and
distribution process for the specific product, programs,
processes, buildings, landscapes, facilities, or services
addressed; and</DELETED>
<DELETED> (9) identify and, where appropriate, implement
other voluntary approaches in commercial, institutional, and
industrial sectors to improve water efficiency.</DELETED>
<DELETED> (d) Annual Reports.--Not less frequently than once each
year, the Administrator shall prepare and make publicly available a
report describing the activities carried out under this section,
including, to the maximum extent practicable--</DELETED>
<DELETED> (1) available information regarding sales in each
WaterSense product category; and</DELETED>
<DELETED> (2) the savings of water, energy, and capital
costs of water, wastewater, and stormwater infrastructure
attributable to the WaterSense program and each category of
WaterSense product, expressed on a national, regional, State,
and watershed level.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--</DELETED>
<DELETED> (1) $5,000,000 for each of fiscal years 2010 and
2011;</DELETED>
<DELETED> (2) $7,500,000 for each of fiscal years 2012 and
2013; and</DELETED>
<DELETED> (3) $10,000,000 for fiscal year 2014.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Infrastructure Financing Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
TITLE I--WATER POLLUTION INFRASTRUCTURE
Sec. 101. Technical assistance for rural small treatment works and
medium treatment works.
Sec. 102. Preservation of employee labor standards.
Sec. 103. Projects eligible for assistance.
Sec. 104. Affordability.
Sec. 105. Water pollution control revolving loan funds.
Sec. 106. Transferability of funds.
Sec. 107. Noncompliance.
Sec. 108. Negotiation of contracts.
Sec. 109. Allotment of funds.
Sec. 110. Authorization of appropriations.
Sec. 111. Sewer overflow control grants.
Sec. 112. Critical water infrastructure projects.
TITLE II--SAFE DRINKING WATER INFRASTRUCTURE
Sec. 201. Drinking water technical assistance for communities.
Sec. 202. Preservation of employee labor standards.
Sec. 203. Preconstruction work.
Sec. 204. Priority system requirements.
Sec. 205. Affordability.
Sec. 206. Safe drinking water revolving loan funds.
Sec. 207. Other authorized activities.
Sec. 208. Authorization of appropriations.
Sec. 209. Negotiation of contracts.
Sec. 210. Critical drinking water infrastructure projects.
Sec. 211. Reducing lead in drinking water.
TITLE III--MISCELLANEOUS
Sec. 301. Definition of Academy.
Sec. 302. Program for water quality enhancement and management.
Sec. 303. Agricultural watershed sustainability technology grant
program.
Sec. 304. State revolving fund review process.
Sec. 305. Cost of service study.
Sec. 306. Effective utility management strategies.
Sec. 307. WaterSense Program.
Sec. 308. Pharmaceuticals and personal care products.
Sec. 309. Financing capability guidance.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
TITLE I--WATER POLLUTION INFRASTRUCTURE
SEC. 101. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT WORKS AND
MEDIUM TREATMENT WORKS.
(a) In General.--Title II of the Federal Water Pollution Control
Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. TECHNICAL ASSISTANCE FOR RURAL SMALL TREATMENT WORKS AND
MEDIUM TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Advanced decentralized wastewater system.--The term
`advanced decentralized wastewater system' means a
decentralized wastewater system that provides more effective
treatment than a conventional septic system.
``(2) Decentralized wastewater system.--
``(A) In general.--The term `decentralized
wastewater system' means a wastewater treatment system
that is at or near a site at which wastewater is
generated.
``(B) Inclusions.--The term `decentralized
wastewater system' includes a system that provides
for--
``(i) nonpotable reuse of treated effluent;
or
``(ii) energy and nutrient recovery from
wastewater constituents.
``(3) Medium treatment works.--The term `medium treatment
works' means a publicly owned treatment works serving more than
10,000 but fewer than 100,000 individuals.
``(4) Qualified nonprofit technical assistance provider.--
The term `qualified nonprofit technical assistance provider'
means a qualified nonprofit technical assistance provider of
water and wastewater services to small or medium-sized
communities that provides technical assistance (including
circuit rider, multi-State regional assistance programs, and
training and preliminary engineering evaluations) to owners and
operators of small treatment works or medium treatment works
that may include State agencies.
``(5) Small treatment works.--The term `small treatment
works' means a publicly owned treatment works serving not more
than 10,000 individuals.
``(b) Grant Program.--
``(1) In general.--The Administrator may make grants on a
competitive basis to qualified nonprofit technical assistance
providers that are qualified to provide assistance on a broad
range of wastewater and stormwater approaches--
``(A) to assist owners and operators of small
treatment works and medium treatment works to plan,
develop, and obtain financing for eligible projects
described in section 603(c) or 518(c);
``(B) to provide financial assistance, in
consultation with the State in which the assistance is
provided, to owners and operators of small treatment
works and medium treatment works for predevelopment
costs (including costs for planning, design, and
associated preconstruction activities, such as
activities relating directly to the siting of the
facility and related elements) associated with
stormwater or wastewater infrastructure projects or
short-term costs incurred for equipment replacement
that is not part of regular operation and maintenance
activities for existing stormwater or wastewater
systems, if the amount of assistance for any single
project does not exceed $50,000;
``(C) to provide technical assistance and training
for owners and operators of small treatment works and
medium treatment works to enable those treatment works
and systems to protect water quality and achieve and
maintain compliance with this Act; and
``(D) to disseminate information to owners and
operators of small treatment works and medium treatment
works, with respect to planning, design, construction,
and operation of treatment works, small municipal
separate storm sewer systems, decentralized wastewater
treatment systems, and advanced decentralized
wastewater treatment systems.
``(2) Distribution of grant.--In carrying out this
subsection, the Administrator shall ensure, to the maximum
extent practicable, that technical assistance provided using
funds from a grant under paragraph (1) is made available in
each State.
``(3) Consultation.--As a condition of receiving a grant
under this subsection, a qualified nonprofit technical
assistance provider shall agree to consult with each State in
which grant funds are to be expended before the grant funds are
expended in the State.
``(4) Annual report.--Not later than 60 days after the end
of each fiscal year, a qualified nonprofit technical assistance
provider that receives a grant under this subsection shall
submit to the Administrator a report that--
``(A) describes the activities of the qualified
nonprofit technical assistance provider using grant
funds received under this subsection for the fiscal
year; and
``(B) specifies--
``(i) the number of communities served;
``(ii) the sizes of those communities; and
``(iii) the type of assistance provided by
the qualified nonprofit technical assistance
provider.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for grants for small treatment works, $25,000,000 for
each of fiscal years 2010 through 2014; and
``(2) for grants for medium treatment works, $15,000,000
for each of fiscal years 2010 through 2014.''.
(b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following:
``(c) Guidance for Small Systems.--
``(1) Definition of small system.--In this subsection, the
term `small system' means a system--
``(A) for which a municipality or intermunicipal,
interstate, or State agency seeks assistance under this
title; and
``(B) that serves a population of not more than
10,000 individuals.
``(2) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(3) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, after providing
notice and opportunity for public comment, the Administrator
shall publish--
``(A) a manual to assist small systems in obtaining
assistance under this title; and
``(B) in the Federal Register, notice of the
availability of the manual.''.
SEC. 102. PRESERVATION OF EMPLOYEE LABOR STANDARDS.
Section 513 of the Federal Water Pollution Control Act (33 U.S.C.
1372) is amended to read as follows:
``SEC. 513. PRESERVATION OF EMPLOYEE LABOR STANDARDS.
``(a) In General.--Notwithstanding section 602(b)(6), the
Administrator shall take such action as the Administrator determines to
be necessary to ensure that each laborer and mechanic employed by a
contractor or subcontractor of a construction project financed, in
whole or in part, by a grant, loan, loan guarantee, refinancing, or any
other form of financial assistance provided under this Act (including
assistance provided by a State loan fund established under title VI) is
paid wages at a rate of not less than the wages 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 title 40, United States Code.
``(b) Authority of Secretary of Labor.--With respect to the labor
standards specified in this section, the Secretary of Labor shall have
the authority and functions established in Reorganization Plan Numbered
14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States
Code.''.
SEC. 103. PROJECTS ELIGIBLE FOR ASSISTANCE.
(a) In General.--Section 603 of the Federal Water Pollution Control
Act (33 U.S.C. 1383) is amended by striking subsection (c) and
inserting the following:
``(c) Projects Eligible for Assistance.--
``(1) In general.--Funds in each State water pollution
control revolving fund shall be used only for providing
financial assistance--
``(A) to a municipality or an intermunicipal,
interstate, or State agency or a private treatment
works or decentralized wastewater system that
principally treats municipal wastewater or domestic
sewage--
``(i) for construction of treatment works
(as defined in section 212); or
``(ii) for capital costs associated with
monitoring equipment for combined sanitary or
sewer overflows;
``(B) to implement measures to control, manage,
reduce, treat, infiltrate, or reuse stormwater, the
primary purpose of which is the preservation,
protection, or enhancement of water quality to support
public purposes (including the procurement and use of
equipment to support minimum measures, such as street
sweeping and storm drain system cleaning, or
acquisition of other land and interests in land that
are necessary for those activities and measures);
``(C) to implement a management program established
under section 319;
``(D) to develop and implement a conservation and
management plan under section 320;
``(E) for projects to increase the security of
wastewater treatment works (as defined in section 212),
excluding any expenditure for operations or
maintenance;
``(F) to carry out water conservation or efficiency
projects that result in direct water quality benefits;
``(G) to implement measures to integrate water
resource management planning and implementation;
``(H) to carry out water reuse (including
wastewater reuse), reclamation, and recycling projects
that result in direct water quality benefits;
``(I) for projects to increase the energy
efficiency of treatment works (as defined in section
212) that result in direct water quality benefits;
``(J) for the development and implementation of
utility management improvement plans consistent with an
effective utility management strategy (as defined in
section 306(a) of the Water Infrastructure Financing
Act); and
``(K) for the development and implementation of
integrative watershed improvement plans that include
cost-effective solutions that consider point and
nonpoint sources of pollution and traditional and cost-
saving water treatment and efficiency projects.
``(2) Limitation.--Not more than 5 percent of the amount of
a capitalization grant of a State may be used during a fiscal
year to provide assistance for activities described in
subparagraph (J) or (K) of paragraph (1).
``(3) State water pollution control revolving funds.--
``(A) In general.--A State water pollution control
revolving fund shall be established, maintained, and
credited with repayments.
``(B) Balance of fund.--The balance of each fund
described in subparagraph (A) shall be available in
perpetuity for providing financial assistance under
this section.''.
(b) Modification of Definition.--Section 212(2)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(2)(A)) is amended--
(1) by striking ``and any works, including site'';
(2) by striking ``is used for ultimate'' and inserting
``will be used for ultimate''; and
(3) by inserting ``; and acquisition of other land and
interests in land necessary for construction'' before the
period at the end.
SEC. 104. AFFORDABILITY.
(a) In General.--Section 603 of the Federal Water Pollution Control
Act (33 U.S.C. 1383) is amended--
(1) by redesignating subsections (e) through (h) as
subsections (g) through (j), respectively;
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``20
years'' and inserting ``the lesser of 30 years
or the design life of the project to be
financed with the proceeds of the loan''; and
(ii) in subparagraph (B), by striking ``not
later than 20 years after project completion''
and inserting ``upon the expiration of the term
of the loan'';
(B) in paragraph (6), by striking ``and'' at the
end; and
(C) in paragraph (7), by striking ``title, except
that'' and all that follows and inserting the
following:
``title, except that--
``(A) such amounts shall not exceed an amount equal
to the sum of, for each fiscal year--
``(i) an amount equal to the greatest of--
``(I) $400,000;
``(II) \1/5\ percent of the current
valuation of the fund; or
``(III) 6 percent of all grant
awards to the fund under this title for
a fiscal year; and
``(ii) the amount of any fees collected by
the State for that purpose, regardless of the
source; and
``(B) as a source of revenue (restricted solely to
interest earnings of the fund) or security for payment
of the principal and interest on revenue or general
obligation bonds issued by the State to provide
matching funds under section 602(b)(2), if the proceeds
of the sale of the bonds will be deposited in the
fund.''; and
(3) by inserting after subsection (d) the following:
``(e) Additional Assistance for Disadvantaged Communities.--
``(1) Definition of disadvantaged community.--In this
subsection, the term `disadvantaged community' means a
community with a service area, or portion of a service area, of
a treatment works that meets affordability criteria established
after public review and comment by the State in which the
treatment works is located.
``(2) Loan subsidy.--Notwithstanding any other provision of
this section, subject to paragraph (5), in a case in which the
State makes a loan from the water pollution control revolving
loan fund in accordance with subsection (c) to a disadvantaged
community or a community that the State expects to become a
disadvantaged community as the result of a proposed project,
the State may provide additional subsidization, including--
``(A) the forgiveness of all or a portion of the
principal of the loan; and
``(B) a negative interest rate on the loan.
``(3) Total amount of subsidies.--For each fiscal year, the
total amount of loan subsidies made by the State pursuant to
this subsection may not exceed 30 percent of the amount of the
capitalization grant received by the State for the fiscal year.
``(4) Information.--The Administrator may publish
information to assist States in establishing affordability
criteria described in paragraph (1).
``(f) Cost-saving Water Treatment and Efficiency Improvements.--
``(1) In general.--Subject to subsection (e)(3), in
providing a loan for a project under this section, a State may
forgive repayment of a portion of the loan amount up to the
percentage of the project that is devoted to alternative
approaches to wastewater and stormwater controls (including
nonstructural methods), such as projects that treat or minimize
sewage or urban stormwater discharges using--
``(A) decentralized or distributed stormwater
controls;
``(B) advanced decentralized wastewater treatment;
``(C) low-impact development technologies and
nonstructural approaches;
``(D) stream buffers;
``(E) wetland restoration and enhancement;
``(F) actions to minimize the quantity of and
direct connections to impervious surfaces;
``(G) soil and vegetation, or other permeable
materials;
``(H) actions that increase efficient water use,
water conservation, or water reuse, including the
rehabilitation or replacement of existing leaking
pipes; or
``(I) actions that increase energy efficiency or
reduce energy consumption at a treatment works.
``(2) Treatment of loan forgiveness.--The amount of loan
forgiveness provided by a State under this subsection shall
be--
``(A) credited to each State; and
``(B) deducted from the total amount of State
capitalization grants for which matching funds are
required from the State under section 602(b)(2).''.
(b) Conforming Amendment.--Section 221(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1301(d)) is amended in the second
sentence by striking ``603(h)'' and inserting ``603(j)''.
SEC. 105. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended by striking subsection (i) (as redesignated by section
103(a)(1)) and inserting the following:
``(i) Priority System Requirement.--
``(1) Definitions.--In this subsection:
``(A) Restructuring.--The term `restructuring'
means--
``(i) the consolidation of management
functions or ownership with another facility;
or
``(ii) the formation of cooperative
partnerships.
``(B) Traditional wastewater approach.--The term
`traditional wastewater approach' means a managed
system used to collect and treat wastewater from an
entire service area consisting of--
``(i) collection sewers;
``(ii) a centralized treatment plant using
biological, physical, or chemical treatment
processes; and
``(iii) a direct point source discharge to
surface water.
``(2) Priority system.--In providing financial assistance
from the water pollution control revolving fund of the State,
the State shall establish a priority system that--
``(A) takes into consideration appropriate
chemical, physical, and biological data relating to
water quality that the State considers reasonably
available and of sufficient quality;
``(B) ensures that projects undertaken with
assistance under this title are designed to achieve, as
determined by the State, the optimum water quality
management, consistent with the public health and water
quality goals and requirements of this Act;
``(C) provides for public notice and opportunity to
comment on the establishment of the priority system and
the summary under subparagraph (D); and
``(D) provides for the publication, not less than
biennially in summary form, of a description of
projects in the State that are eligible for assistance
under this title that indicates--
``(i) the priority assigned to each project
under the priority system of the State; and
``(ii) the funding schedule for each
project, to the extent the information is
available.
``(3) Weight given to applications.--After determining
project priorities under subparagraph (2), the State shall give
greater weight to an application for assistance if the
application includes such information as the State determines
to be necessary and contains--
``(A) a description of utility management best
practices undertaken by a treatment works applying for
assistance, including--
``(i) an inventory of assets, including a
description of the condition of those assets;
``(ii) a schedule for replacement of the
assets;
``(iii) a financing plan that factors in
all lifecycle costs indicating sources of
revenue from ratepayers, grants, bonds, other
loans, and other sources to meet the costs; and
``(iv) a review of options for
restructuring the treatment works;
``(B) approaches other than a traditional
wastewater approach that treat or minimize sewage or
urban stormwater discharges using--
``(i) decentralized or distributed
stormwater controls;
``(ii) advanced decentralized wastewater
treatment;
``(iii) low-impact development technologies
and nonstructural approaches;
``(iv) stream buffers;
``(v) wetland restoration and enhancement;
``(vi) actions to minimize the quantity of
and direct connections to impervious surfaces;
``(vii) soil and vegetation, or other
permeable materials;
``(viii) actions that increase efficient
water use, water conservation, or water reuse;
or
``(ix) actions that increase energy
efficiency or reduce energy consumption at a
treatment works;
``(C) a demonstration of consistency with State,
regional, and municipal watershed plans, water
conservation and efficiency plans, or integrated water
resource management plans;
``(D) a proposal by the applicant demonstrating
flexibility through alternative means to carry out
responsibilities under Federal regulations, that may
include watershed permitting and other innovative
management approaches, while achieving results that--
``(i) the State, in the case of a permit
program approved under section 402, determines
will meet permit requirements; or
``(ii) the Administrator determines are
measurably superior, as compared to regulatory
standards; or
``(E) projects that address adverse environmental
conditions.''.
SEC. 106. TRANSFERABILITY OF FUNDS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 104(a)(1)) is amended by adding at the end
the following:
``(k) Transfer of Funds.--
``(1) In general.--The Governor of a State may--
``(A)(i) reserve not more than the greater of--
``(I) 33 percent of a capitalization grant
made under this title; or
``(II) 33 percent of a capitalization grant
made under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12); and
``(ii) add the reserved funds to any funds provided
to the State under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12); and
``(B)(i) reserve for any year an amount that does
not exceed the amount that may be reserved under
subparagraph (A) for that year from capitalization
grants made under section 1452 of that Act (42 U.S.C.
300j-12); and
``(ii) add the reserved funds to any funds provided
to the State under this title.
``(2) State match.--Funds reserved under this subsection
shall not be considered to be a State contribution for a
capitalization grant required under this title or section
1452(b) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)).''.
SEC. 107. NONCOMPLIANCE.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 106) is amended by adding at the end the
following:
``(l) Noncompliance.--
``(1) In general.--Except as provided in paragraph (2), no
assistance (other than assistance that is to be used by a
treatment works solely for planning, design, or security
purposes) shall be provided under this title to the owner or
operator of a treatment works that has been in significant
noncompliance with any requirement of this Act for any of the 4
quarters during the preceding 8 quarters, unless the treatment
works is in compliance with an enforceable administrative order
to effect compliance with the requirement.
``(2) Exception.--An owner or operator of a treatment works
that is determined under paragraph (1) to be in significant
noncompliance with a requirement described in that paragraph
may receive assistance under this title if the Administrator
and the State providing the assistance determine that--
``(A) the entity conducting the enforcement action
on which the determination of significant noncompliance
is based has determined that the use of assistance
would enable the owner or operator of the treatment
works to take corrective action toward resolving the
violations; or
``(B) the entity conducting the enforcement action
on which the determination of significant noncompliance
is based has determined that the assistance would be
used by the owner or operator of the treatment works in
order to assist owners and operators in making progress
towards compliance.''.
SEC. 108. NEGOTIATION OF CONTRACTS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 107) is amended by adding at the end the
following:
``(m) Negotiation of Contracts.--For communities with populations
of more than 10,000 individuals, a contract to be carried out using
funds directly made available by a capitalization grant under this
section for program management, construction management, feasibility
studies, preliminary engineering, design, engineering, surveying,
mapping, or architectural or related services shall be negotiated in
the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States Code;
or
``(2) an equivalent State qualifications-based requirement
(as determined by the Governor of the State).''.
SEC. 109. ALLOTMENT OF FUNDS.
Section 604 of the Federal Water Pollution Control Act (33 U.S.C.
1384) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Subject to subsection (b)(2), amounts authorized
to be appropriated to carry out this section for each of fiscal years
2010 through 2014 shall be allotted among States by the Administrator
in accordance with the allotment values specified in the following
table:
------------------------------------------------------------------------
Allotment
``State value
------------------------------------------------------------------------
Alabama.................................................... 0.012860
Alaska..................................................... 0.007500
Arizona.................................................... 0.010247
Arkansas................................................... 0.007500
California................................................. 0.079629
Colorado................................................... 0.010164
Connecticut................................................ 0.014150
Delaware................................................... 0.007500
District of Columbia....................................... 0.005000
Florida.................................................... 0.044139
Georgia.................................................... 0.012825
Hawaii..................................................... 0.008048
Idaho...................................................... 0.007500
Illinois................................................... 0.048540
Indiana.................................................... 0.024633
Iowa....................................................... 0.010266
Kansas..................................................... 0.009129
Kentucky................................................... 0.012025
Louisiana.................................................. 0.013465
Maine...................................................... 0.007829
Maryland................................................... 0.025129
Massachusetts.............................................. 0.025754
Michigan................................................... 0.033487
Minnesota.................................................. 0.020385
Mississippi................................................ 0.009112
Missouri................................................... 0.028037
Montana.................................................... 0.007500
Nebraska................................................... 0.008023
Nevada..................................................... 0.007500
New Hampshire.............................................. 0.007500
New Jersey................................................. 0.046117
New Mexico................................................. 0.007500
New York................................................... 0.103531
North Carolina............................................. 0.019007
North Dakota............................................... 0.007500
Ohio....................................................... 0.054722
Oklahoma................................................... 0.008171
Oregon..................................................... 0.012456
Pennsylvania............................................... 0.041484
Rhode Island............................................... 0.007500
South Carolina............................................. 0.007500
South Dakota............................................... 0.007500
Tennessee.................................................. 0.011019
Texas...................................................... 0.037664
Utah....................................................... 0.007500
Vermont.................................................... 0.007500
Virginia................................................... 0.020698
Washington................................................. 0.017588
West Virginia.............................................. 0.011825
Wisconsin.................................................. 0.022844
Wyoming.................................................... 0.007500
Puerto Rico................................................ 0.005000
Territories................................................ 0.002500
------------------------------------------------------------------------
``(b) Reservation of Funds.--
``(1) Planning.--Each State may reserve for each fiscal
year to carry out planning under sections 205(j) and 303(e) an
amount equal to the greater of--
``(A) 2 percent of the sums allotted to the State
under this section for the fiscal year; or
``(B) $100,000.
``(2) Operator training; indian tribes.--Of the total
amount of funds made available to carry out this title, before
allotting funds in accordance with subsection (a), for fiscal
year 2009 and each fiscal year thereafter, the Administrator--
``(A) may reserve not more than $5,000,000 to carry
out the objectives described in section 104(g); and
``(B) shall allocate 1.5 percent to Indian tribes
(as defined in section 518(h)).''.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
The Federal Water Pollution Control Act is amended by striking
section 607 (33 U.S.C. 1387) and inserting the following:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $3,200,000,000 for each of fiscal years 2010 and
2011;
``(2) $3,600,000,000 for fiscal year 2012;
``(3) $4,000,000,000 for fiscal year 2013; and
``(4) $6,000,000,000 for fiscal year 2014.
``(b) Availability.--Amounts made available under this section
shall remain available until expended.
``(c) Reservation for Needs Surveys.--Of the amount made available
under subsection (a) to carry out this title for a fiscal year, the
Administrator may reserve not more than $1,000,000 for the fiscal year,
to remain available until expended, to pay the costs of conducting
needs surveys under section 516(b)(1)(B).''.
SEC. 111. SEWER OVERFLOW CONTROL GRANTS.
(a) Sewer Overflow Control Grants.--Section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) is amended--
(1) in subsection (a), by striking ``In General'' and all
that follows through ``(2) subject to subsection (g), the
Administrator may'' and inserting the following:
``(a) In General.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for planning,
design, and construction of treatment works to intercept,
transport, control, or treat municipal combined sewer overflows
and sanitary sewer overflows; and
``(2) subject to subsection (g),''; and
(2) by striking subsections (e) through (g) and inserting
the following:
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be carried
out subject to the same requirements as a project that receives
assistance from a State water pollution control revolving fund
established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $250,000,000 for fiscal year 2010;
``(2) $300,000,000 for fiscal year 2011;
``(3) $350,000,000 for fiscal year 2012;
``(4) $400,000,000 for fiscal year 2013; and
``(5) $500,000,000 for fiscal year 2014.
``(g) Allocation of Funds.--
``(1) Fiscal year 2010 and 2011.--For each of fiscal years
2010 and 2011, subject to subsection (h), the Administrator
shall use the amounts made available to carry out this section
to provide grants to municipalities and municipal entities
under subsection (a)(2)--
``(A) in accordance with the priority criteria
described in subsection (b); and
``(B) with additional priority given to proposed
projects that involve the use of--
``(i) nonstructural, low-impact
development;
``(ii) water conservation, efficiency, or
reuse; or
``(iii) other decentralized stormwater or
wastewater approaches to minimize flows into
the sewer systems.
``(2) Fiscal year 2012 and thereafter.--For fiscal year
2012 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts made available to
carry out this section to provide grants to States under
subsection (a)(1) in accordance with a formula that--
``(A) shall be established by the Administrator,
after providing notice and an opportunity for public
comment; and
``(B) allocates to each State a proportional share
of the amounts based on the total needs of the State
for municipal combined sewer overflow controls and
sanitary sewer overflow controls, as identified in the
most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under
section 516(b)(1)(B).''.
(b) Reports.--Section 221(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1301(i)) is amended in the first sentence by striking
``2003'' and inserting ``2011''.
SEC. 112. CRITICAL WATER INFRASTRUCTURE PROJECTS.
(a) Establishment.--The Administrator shall establish a program
under which grants are provided to eligible entities for use in
carrying out projects and activities the primary purpose of which is
watershed restoration through the protection or improvement of water
quality.
(b) Project Selection.--
(1) In general.--The Administrator may provide funds under
this section to an eligible entity to carry out an eligible
project described in paragraph (3).
(2) Equitable distribution.--The Administrator shall ensure
an equitable distribution of projects under this section,
taking into account cost and number of requests for each
category listed in paragraph (3).
(3) Eligible projects.--A project that is eligible to be
carried out using funds provided under this section may include
projects that are included in the intended use plan of the
State developed in accordance with section 606(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1386(c)).
(c) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of--
(1) affected State and local governments; and
(2) public and private entities that are active in
watershed planning and restoration.
(d) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into an agreement with 1 or more
non-Federal interests that shall require the non-Federal interests--
(1) to pay 45 percent of the total costs of the project,
which may include services, materials, supplies, or other in-
kind contributions;
(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project; and
(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
(e) Waiver.--The Administrator may waive the requirement to pay the
non-Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under this section if the
Administrator determines that an eligible entity is unable to pay, or
would experience significant financial hardship if required to pay, the
non-Federal share.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2010 through 2014.
TITLE II--SAFE DRINKING WATER INFRASTRUCTURE
SEC. 201. DRINKING WATER TECHNICAL ASSISTANCE FOR COMMUNITIES.
Section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j-
1(e)) is amended--
(1) in the first sentence, by striking ``The Administrator
may provide'' and inserting the following:
``(1) Public water systems.--The Administrator may
provide'';
(2) in the second sentence, by striking ``Such assistance''
and inserting the following:
``(2) Types of assistance.--Such assistance'';
(3) in the third sentence, by striking ``The Administrator
shall ensure'' and inserting the following:
``(3) Availability.--The Administrator shall ensure'';
(4) in the fourth sentence, by striking ``Each nonprofit''
and inserting the following:
``(4) Requirement applicable to nonprofit organizations.--
Each nonprofit''; and
(5) by striking the fifth sentence and all that follows and
inserting the following:
``(5) Priority.--In providing grants under this section,
the Administrator shall give priority to small systems
organizations that, as determined by the Administrator, in
consultation with the State, are qualified and will be the most
effective at assisting small systems.
``(6) Wells and well systems.--
``(A) In general.--The Administrator shall provide
grants to nonprofit organizations to provide technical
assistance to communities and individuals regarding the
design, operation, construction, and maintenance of
household wells and small shared well-systems that
provide drinking water.
``(B) Form of assistance.--Technical assistance
referred to in subparagraph (A) may include--
``(i) training and education;
``(ii) operation of a hotline; and
``(iii) the conduct of other activities
relating to the design and construction of
household, shared, and small water well systems
in rural areas.
``(C) Priority.--Subject to paragraph (5), in
providing grants under this section, the Administrator
shall give priority to applicants that, as determined
by the Administrator--
``(i) are qualified; and
``(ii) have demonstrated experience in
providing similar technical assistance and in
developing similar projects.
``(D) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph--
``(i) $7,000,000 for fiscal year 2010; and
``(ii) $7,500,000 for each of fiscal years
2011 through 2014.
``(7) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to the Administrator to
carry out this subsection (other than paragraph (6))
$35,000,000 for each of fiscal years 2010 through 2014.
``(B) Lobbying expenses.--No portion of any State
loan fund established under section 1452 and no portion
of any funds made available under this subsection may
be used for lobbying expenses.
``(C) Indian tribes.--Of the total amount made
available under this section for each fiscal year, 3
percent shall be used for technical assistance to
public water systems owned or operated by Indian
Tribes.''.
SEC. 202. PRESERVATION OF EMPLOYEE LABOR STANDARDS.
Section 1450 of the Safe Drinking Water Act (42 U.S.C. 300j-9) is
amended by striking subsection (e) and inserting the following:
``(e) Labor Standards.--
``(1) In general.--The Administrator shall take such action
as the Administrator determines to be necessary to ensure that
each laborer and mechanic employed by a contractor or
subcontractor of a construction project financed, in whole or
in part, by a grant, loan, loan guarantee, refinancing, or any
other form of financial assistance provided under this Act
(including assistance provided by a State loan fund established
under section 1452) is paid wages at a rate of not less than
the wages 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 title 40, United States Code.
``(2) Authority of secretary of labor.--With respect to the
labor standards specified in this subsection, the Secretary of
Labor shall have the authority and functions established in
Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and
section 3145 of title 40, United States Code.''.
SEC. 203. PRECONSTRUCTION WORK.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)) is amended--
(1) by designating the first, second, third, fourth, and
fifth sentences as subparagraphs (A), (B), (D), (E), and (F),
respectively;
(2) in subparagraph (B) (as designated by paragraph (1))--
(A) by striking ``(not'' and inserting ``(including
expenditures for planning, design, and associated
preconstruction activities, including activities
relating to the siting of the facility, but not''; and
(B) by inserting before the period at the end the
following: ``or to replace or rehabilitate aging
treatment, storage, or distribution facilities of
public water systems or provide for capital projects
(excluding any expenditure for operations and
maintenance) to upgrade the security of public water
systems''; and
(3) by inserting after subparagraph (B) (as designated by
paragraph (1)) the following:
``(C) Sale of bonds.--Funds may also be used by a
public water system as a source of revenue (restricted
solely to interest earnings of the applicable State
loan fund) or security for payment of the principal and
interest on revenue or general obligation bonds issued
by the State to provide matching funds under subsection
(e), if the proceeds of the sale of the bonds will be
deposited in the State loan fund.''.
SEC. 204. PRIORITY SYSTEM REQUIREMENTS.
Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(b)(3)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking subparagraph (A) and inserting the
following:
``(A) Definition of restructuring.--In this
paragraph, the term `restructuring' means changes in
operations (including ownership, cooperative
partnerships, asset management, consolidation, and
alternative water supply).
``(B) Priority system.--An intended use plan shall
provide, to the maximum extent practicable, that
priority for the use of funds be given to projects
that--
``(i) address the most serious risk to
human health;
``(ii) are necessary to ensure compliance
with this title (including requirements for
filtration);
``(iii) assist systems most in need on a
per-household basis according to State
affordability criteria; and
``(iv) improve the sustainability of
systems.
``(C) Weight given to applications.--After
determining project priorities under subparagraph (B),
an intended use plan shall provide that the State shall
give greater weight to an application for assistance by
a community water system if the application includes
such information as the State determines to be
necessary and contains--
``(i) a description of utility management
best practices undertaken by a treatment works
applying for assistance, including--
``(I) an inventory of assets,
including a description of the
condition of the assets;
``(II) a schedule for replacement
of assets;
``(III) a financing plan that
factors in all lifecycle costs
indicating sources of revenue from
ratepayers, grants, bonds, other loans,
and other sources to meet the costs;
and
``(IV) a review of options for
restructuring the public water system;
``(ii) demonstration of consistency with
State, regional, and municipal watershed plans;
``(iii) a water conservation plan
consistent with guidelines developed for those
plans by the Administrator under section
1455(a); and
``(iv) approaches to improve the
sustainability of the system, including--
``(I) water efficiency or
conservation, including the
rehabilitation or replacement of
existing leaking pipes;
``(II) use of reclaimed water;
``(III) actions to increase energy
efficiency; and
``(IV) implementation of source
water protection plans.''; and
(3) in subparagraph (D) (as redesignated by paragraph (1)),
by striking ``periodically'' and inserting ``at least
biennially''.
SEC. 205. AFFORDABILITY.
Section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)) is amended in the first sentence by inserting ``, or portion
of a service area,'' after ``service area''.
SEC. 206. SAFE DRINKING WATER REVOLVING LOAN FUNDS.
Section 1452(g) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(g)) is amended--
(1) paragraph (2)--
(A) in the first sentence, by striking ``up to 4
percent of the funds allotted to the State under this
section'' and inserting ``, for each fiscal year, an
amount that does not exceed the sum of the amount of
any fees collected by the State for use in covering
reasonable costs of administration of programs under
this section, regardless of the source, and an amount
equal to the greatest of $400,000, \1/5\ percent of the
current valuation of the fund, or 6 percent of all
grant awards to the fund under this section for the
fiscal year,''; and
(B) by striking ``1419,'' and all that follows
through ``1993.'' and inserting ``1419.''; and
(2) by adding at the end the following:
``(5) Transfer of funds.--
``(A) In general.--The Governor of a State may--
``(i)(I) reserve not more than the greater
of--
``(aa) 33 percent of a
capitalization grant made under this
section; or
``(bb) 33 percent of a
capitalization grant made under section
601 of the Federal Water Pollution
Control Act (33 U.S.C. 1381);
``(II) add the funds reserved to any funds
provided to the State under section 601 of the
Federal Water Pollution Control Act (33 U.S.C.
1381); and
``(ii)(I) reserve for any fiscal year an
amount that does not exceed the amount that may
be reserved under clause (i)(I) for that year
from capitalization grants made under section
601 of that Act (33 U.S.C. 1381); and
``(II) add the reserved funds to any funds
provided to the State under this section.
``(B) State match.--Funds reserved under this
paragraph shall not be considered to be a State match
of a capitalization grant required under this section
or section 602(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1382(b)).''.
SEC. 207. OTHER AUTHORIZED ACTIVITIES.
Section 1452(k)(2)(D) of the Safe Drinking Water Act (42 U.S.C.
300j-12(k)(2)(D)) is amended by inserting before the period at the end
the following: ``(including implementation of source water protection
plans)''.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended by striking subsection (m) and inserting the following:
``(m) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $1,500,000,000 for fiscal year 2010;
``(B) $2,000,000,000 for each of fiscal years 2011
and 2012;
``(C) $3,200,000,000 for fiscal year 2013; and
``(D) $6,000,000,000 for fiscal year 2014.
``(2) Availability.--Amounts made available under this
subsection shall remain available until expended.
``(3) Reservation for needs surveys.--Of the amount made
available under paragraph (1) to carry out this section for a
fiscal year, the Administrator may reserve not more than
$1,000,000 per year to pay the costs of conducting needs
surveys under subsection (h).''.
SEC. 209. NEGOTIATION OF CONTRACTS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended by adding at the end the following:
``(s) Negotiation of Contracts.--For communities with populations
of more than 10,000 individuals, a contract to be carried out using
funds directly made available by a capitalization grant under this
section for program management, construction management, feasibility
studies, preliminary engineering, design, engineering, surveying,
mapping, or architectural or related services shall be negotiated in
the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States Code;
or
``(2) an equivalent State qualifications-based requirement
(as determined by the Governor of the State).''.
SEC. 210. CRITICAL DRINKING WATER INFRASTRUCTURE PROJECTS.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program
under which grants are provided to eligible entities for use in
carrying out projects and activities the primary purpose of which is to
assist community water systems in meeting the requirements of the Safe
Drinking Water Act (42 U.S.C. 300f et seq.).
(b) Project Selection.--A project that is eligible to be carried
out using funds provided under this section may include projects that--
(1) develop alternative water sources;
(2) provide assistance to small systems; or
(3) assist a community water system--
(A) to comply with a national primary drinking
water regulation; or
(B) to mitigate groundwater contamination,
including saltwater intrusion.
(c) Eligible Entities.--An entity eligible to receive a grant under
this section is--
(1) a community water system as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f); or
(2) a system that is located in an area governed by an
Indian Tribe (as defined in section 1401 of the Safe Drinking
Water Act (42 U.S.C. 300f));
(d) Priority.--In prioritizing projects for implementation under
this section, the Administrator shall give priority to community water
systems that--
(1) serve a community that, under affordability criteria
established by the State under section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12), is determined by the
State to be--
(A) a disadvantaged community; or
(B) a community that may become a disadvantaged
community as a result of carrying out an eligible
activity; or
(2) serve a community with a population of less than 10,000
individuals.
(e) Local Participation.--In prioritizing projects for
implementation under this section, the Administrator shall consult
with, and consider the priorities of, affected States, Indian Tribes,
and local governments.
(f) Cost Sharing.--Before carrying out any project under this
section, the Administrator shall enter into a binding agreement with 1
or more non-Federal interests that shall require the non-Federal
interests--
(1) to pay 45 percent of the total costs of the project,
which may include services, materials, supplies, or other in-
kind contributions;
(2) to provide any land, easements, rights-of-way, and
relocations necessary to carry out the project; and
(3) to pay 100 percent of any operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project.
(g) Waiver.--The Administrator may waive the requirement to pay the
non-Federal share of the cost of carrying out an eligible activity
using funds from a grant provided under this section if the
Administrator determines that an eligible entity is unable to pay, or
would experience significant financial hardship if required to pay, the
non-Federal share.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $230,000,000 for fiscal year 2010; and
(2) $300,000,000 for each of fiscal years 2011 through
2014.
SEC. 211. REDUCING LEAD IN DRINKING WATER.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a community water system (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
(B) a system located in an area governed by an
Indian Tribe (as defined in that section);
(C) a nontransient noncommunity water system;
(D) a qualified nonprofit organization, as
determined by the Administrator; and
(E) a municipality or State, interstate, or
intermunicipal agency.
(2) Lead reduction project.--The term ``lead reduction
project'' means a project or activity the primary purpose of
which is to reduce the level of lead in water for human
consumption by--
(A) replacement of publicly owned lead service
lines;
(B) capital costs, testing, planning, or other
relevant activities, as determined by the
Administrator, to identify and address conditions
(including corrosion control) that contribute to
increased lead levels in water for human consumption;
(C) assistance to low-income homeowners to replace
privately owned service lines, pipes, fittings, or
fixtures that contain lead; and
(D) education of consumers regarding measures to
reduce exposure to lead from drinking water or other
sources.
(3) Low-income.--The term ``low-income'', with respect to
an individual provided assistance under this section, has such
meaning as may be given the term by the head of the
municipality or State, interstate, or intermunicipal agency
with jurisdiction over the area to which assistance is
provided.
(4) Municipality.--The term ``municipality'' means--
(A) a city, town, borough, county, parish,
district, association, or other public entity
established by, or pursuant to, applicable State law;
and
(B) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
(b) Grant Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
grant program to provide assistance to eligible entities for
lead reduction projects in the United States.
(2) Evaluation.--In providing assistance under this
section, the Administrator shall evaluate--
(A) whether an eligible entity applying for
assistance has taken steps to identify the source of
lead in water for human consumption; and
(B) the means by which the proposed lead reduction
project would reduce lead levels in the applicable
water system.
(3) Priority application.--In providing grants under this
subsection, the Administrator shall give priority to an
eligible entity that--
(A) carries out a lead reduction project at a
public water system or nontransient noncommunity water
system that has exceeded the lead action level
established by the Administrator at any time during the
3-year period preceding the date of submission of the
application of the eligible entity;
(B) addresses lead levels in water for human
consumption at a school, daycare, or other facility
that primarily serves children or another vulnerable
human subpopulation; or
(C) addresses such priority criteria as the
Administrator may establish, consistent with the goal
of reducing lead levels of concern.
(4) Cost sharing.--
(A) In general.--Subject to subparagraph (B), the
non-Federal share of the total cost of a project funded
by a grant under this subsection shall be not less than
20 percent.
(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share under subparagraph (A)
for reasons of affordability, as the Administrator
determines to be appropriate.
(5) Low-income assistance.--
(A) In general.--Subject to subparagraphs (B) and
(C), an eligible entity may use a grant provided under
this subsection to provide assistance to low-income
homeowners to carry out lead reduction projects.
(B) Low-income assistance cap.--Of the funds made
available to carry out this section, not more than
$5,000,000 may be allocated to provide assistance to
low-income homeowners under this paragraph for any
fiscal year.
(C) Limitation.--The amount of a grant provided to
a low-income homeowner under this paragraph shall not
exceed $5,000.
(6) Special consideration for lead service line
replacement.--In carrying out lead service line replacement
using a grant under this subsection, an eligible entity shall--
(A) notify customers of the replacement of any
publicly owned portion of the lead service line;
(B) offer to replace the privately owned portion of
the lead service line at the cost of replacement;
(C) recommend measures to avoid exposure to short-
term increases in lead levels following a partial lead
service line replacement; and
(D) demonstrate that the eligible entity has
considered multiple options for reducing lead in
drinking water, including an evaluation of options for
corrosion control.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for each of fiscal
years 2010 through 2014.
TITLE III--MISCELLANEOUS
SEC. 301. DEFINITION OF ACADEMY.
In this title, the term ``Academy'' means the National Academy of
Sciences.
SEC. 302. PROGRAM FOR WATER QUALITY ENHANCEMENT AND MANAGEMENT.
(a) Innovative Technology and Alternative Approaches Grant
Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall establish a
program to provide grants to, and enter into contracts and
cooperative agreements with, research institutions,
institutions of higher education, National Laboratories, and
other appropriate entities (including consortia of such
institutions and entities), through a competitive process, in
accordance with the plan developed under subsection (b), for
research regarding, and development of the use of, innovative
and alternative technologies to improve water quality, drinking
water supply, or water use efficiency and conservation.
(2) Types of projects.--In carrying out this subsection,
the Administrator may select projects relating to such matters
as innovative or alternative technologies, approaches,
practices, or methods--
(A) to increase the effectiveness and efficiency of
water and wastewater infrastructure through the use of
integrated water resource management;
(B) to increase the effectiveness and efficiency of
public water systems, including--
(i) source water protection;
(ii) water use reduction;
(iii) water collection, storage, and
treatment and reuse of rainwater, stormwater,
and graywater;
(iv) identification of behavioral, social,
and economic barriers to achieving greater
water use efficiency;
(v) use of watershed planning directed
toward water quality, conservation, and supply;
(vi) actions to reduce energy consumption;
(vii) water treatment;
(viii) water distribution and wastewater
collection systems;
(ix) desalination; and
(x) water security;
(C) to encourage the use of innovative or
alternative technologies or approaches relating to
water supply or availability;
(D) to increase the effectiveness and efficiency of
new and existing treatment works, including--
(i) methods of collecting, treating,
dispersing, reusing, reclaiming, and recycling
wastewater;
(ii) system design;
(iii) nonstructural alternatives;
(iv) decentralized approaches;
(v) stormwater and wastewater reuse;
(vi) water use efficiency and conservation;
(vii) actions to reduce energy consumption;
(viii) technologies to extract energy from
wastewater; and
(ix) wastewater security;
(E) to increase the effectiveness and efficiency of
municipal separate storm sewer systems and combined
sewer systems, including through the use of soil and
vegetation or other permeable materials;
(F) to promote new water treatment technologies and
management approaches, including commercialization and
dissemination strategies for adoption of innovative
water, wastewater, and stormwater technologies and
management approaches or low-impact development
technologies in the homebuilding industry; or
(G) to maintain a clearinghouse of technologies and
management approaches developed under this subsection
and subsections (c) and (d) at a research consortium or
institute or other appropriate organization, as
determined by the Administrator.
(3) Factors for consideration.--In planning and
implementing the program under this subsection, the
Administrator shall take into consideration--
(A) research needs identified by water resource
managers, State and local governments, and other
interested parties; and
(B) technologies and processes likely to achieve
the greatest increases in water quality, drinking water
supply, or water use efficiency and conservation.
(4) Minority-serving institutions.--In carrying out the
program under this subsection, the Administrator--
(A) may provide extramural grants to institutions
of higher education; and
(B) shall encourage participation by minority-
serving institutions.
(b) Strategic Research Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the heads of other appropriate Federal departments and
agencies, shall develop a strategic research plan for the grant
program under subsection (a).
(2) Requirements.--
(A) Coordination.--The plan under paragraph (1)
shall be carried out, to the maximum extent
practicable, in coordination with other research and
development strategic plans of the Environmental
Protection Agency.
(B) Contents.--The plan under paragraph (1) shall--
(i) describe, in outline form, research
goals and priorities relating to an agenda of
water quality, drinking water supply, and water
use efficiency and conservation, including--
(I) developing innovative water
supply-enhancing processes and
technologies;
(II) improving existing processes
and technologies, including wastewater
treatment, desalination, and
groundwater recharge and recovery
schemes;
(III) improving the effectiveness
and efficiency of nontraditional
wastewater treatment practices,
including nonstructural alternatives,
low-impact development techniques, and
decentralized approaches; and
(IV) exploring concepts that
extract energy from wastewater;
(ii)(I) identify current Federal water-
related research efforts directed toward
achieving the goals of improving water quality,
water use efficiency, or water conservation or
expanding water supply; and
(II) describe the means by which those
efforts are coordinated with the program
established under subsection (a) in order to
leverage resources and avoid duplication;
(iii) take into consideration the public
health and environmental quality impacts and
cost-effectiveness of each relevant technology
and approach; and
(iv) take into consideration and
incorporate, as appropriate, recommendations
contained in reports and studies conducted by
Federal departments and agencies, the National
Research Council, the National Science and
Technology Council, and other appropriate
entities.
(3) Science advisory board review.--The Administrator shall
submit the plan under paragraph (1) to the Science Advisory
Board of the Environmental Protection Agency for review.
(4) Revisions.--The plan under paragraph (1) shall be
revised and amended as necessary to reflect updated scientific
findings and national research priorities.
(c) Municipalities Grant Program.--
(1) Definition of municipality.--In this subsection, the
term ``municipality'' means--
(A) a city, town, borough, county, parish,
district, association, authority, or other public
entity established by, or pursuant to, State law; or
(B) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
(2) Establishment.--Not later than 90 days after the date
of publication of the initial report under subsection (e)(2),
the Administrator shall establish a nationwide demonstration
grant program--
(A) to promote innovations in technology and
alternative approaches to water quality management or
water supply developed under subsection (a); and
(B) to reduce costs to municipalities incurred in
complying with the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and the Safe Drinking Water
Act (42 U.S.C. 300f et seq.) through the approaches and
technologies developed under subsection (a).
(3) Scope.--The demonstration grant program shall consist
of up to 10 projects each year, to be carried out in
municipalities selected by the Administrator under paragraph
(5).
(4) Applications.--A municipality that seeks to participate
in the demonstration grant program established under this
subsection shall submit to the Administrator a plan that--
(A) is developed in coordination with--
(i) the agencies of the State having
jurisdiction over water quality and water
supply matters; and
(ii) interested stakeholders, including
institutions of higher education and related
research institutions;
(B) describes water impacts specific to urban or
rural areas;
(C) includes a strategy under which the
municipality, through participation in the
demonstration grant program, could effectively--
(i) address water quality or water supply
problems; and
(ii) achieve the water quality goals that--
(I) could be achieved using more
traditional methods; and
(II) are required under the Federal
Water Pollution Control Act (33 U.S.C.
1251 et seq.) or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); and
(D) includes a schedule for achieving the water
quality, water supply, or water use efficiency and
conservation goals of the municipality.
(5) Categories of projects.--
(A) In general.--In carrying out the demonstration
grant program, the Administrator shall provide grants
for--
(i) projects relating to water supply,
water quality, or water use efficiency and
conservation matters described in subsection
(a)(2); and
(ii) subject to subparagraph (B), not less
than 2 projects for the incorporation into a
building of the most current water use
efficiency and conservation technologies and
designs.
(B) Projects for incorporation.--
(i) Incremental cost limitation.--A grant
provided under subparagraph (A)(ii) may be used
only to pay the incremental costs of
incorporation into a building of a water use
efficiency and conservation technology or
design.
(ii) Types of buildings.--Of the projects
for which grants are provided under
subparagraph (A)(ii)--
(I) at least 1 shall be for a
residential building; and
(II) at least 1 shall be for a
commercial building.
(iii) Public availability.--The design of
each building for which a grant is provided
under subparagraph (A)(ii) shall be made
available to the public, and each such building
shall be accessible to the public for tours and
educational purposes.
(6) Responsibilities of administrator.--In providing grants
for projects under this subsection, the Administrator shall--
(A) ensure, to the maximum extent practicable,
that--
(i) the demonstration grant program under
this subsection includes a variety of projects
with respect to--
(I) geographical distribution;
(II) innovative technologies used
for the projects; and
(III) nontraditional approaches
(including low-impact development
technologies) used for the projects;
and
(ii) each category of project described in
paragraph (5) is adequately represented;
(B) give higher priority to projects that--
(i) address multiple problems; and
(ii) are regionally applicable;
(C) ensure, to the maximum extent practicable, that
at least 1 community having a population of 10,000 or
fewer individuals receives a grant for each fiscal
year; and
(D) ensure that, for each fiscal year, no
municipality receives more than 25 percent of the total
amount of funds made available for the fiscal year to
provide grants under this subsection.
(7) Cost sharing.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share of the total cost of a
project funded by a grant under this subsection shall
be not less than 20 percent.
(B) Waiver.--The Administrator may reduce or
eliminate the non-Federal share of the cost of a
project for reasons of affordability.
(d) Incorporation of Results and Information.--
(1) Technology transfer.--The Administrator, taking into
consideration the results of the projects carried out using
grants under subsections (a) and (c), shall--
(A) facilitate the adoption of technologies and
processes to promote increased water quality, drinking
water supply, and water use efficiency and
conservation; and
(B) collect and disseminate information, including
through the establishment of a publicly accessible
clearinghouse, regarding those technologies and
processes, including information on--
(i) incentives and impediments to
development and commercialization;
(ii) best practices; and
(iii) anticipated increases in water
quality, drinking water supply, and water use
efficiency and conservation resulting from the
implementation of specific technologies and
processes.
(2) Incorporation of results and information.--To the
maximum extent practicable, the Administrator shall incorporate
the results of, and information obtained from, successful
projects under this section into other programs administered by
the Administrator.
(e) Reports.--
(1) Reports from grant recipients.--A recipient of a grant
under this section shall submit to the Administrator, on the
date of completion of a project of the recipient and on each of
the dates that is 1, 2, and 3 years after that date, a report
that describes the effectiveness of the project.
(2) Reports to congress.--Not later than 2 years after the
date of enactment of this Act, and not less frequently than
once every 2 years thereafter, the Administrator shall submit
to the Committee on Environment and Public Works of the Senate
and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives a report
describing--
(A) the findings of each recipient of a grant under
subsection (a) with respect to the identification of
any potential new technology or management approach
developed by the recipient; and
(B) the status and results of the grant program
under subsection (c).
(f) Water Management Study and Report.--
(1) Definitions.--In this subsection:
(A) Low-impact approach.--The term ``low-impact
approach'' means a strategy that manages rainfall at
the source using decentralized microscale controls to
mimic the predevelopment hydrology of the relevant site
by using a design technique that infiltrates, filters,
stores, evaporates, and detains runoff close to the
source.
(B) Soft path approach.--The term ``soft path
approach'' means a general framework that encompasses--
(i) increased efficiency of water use;
(ii) integration of water supply,
wastewater treatment, and stormwater management
systems; and
(iii) protection, restoration, and
effective use of the natural capacities of
ecosystems to provide clean water.
(2) Study.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall
enter into an arrangement with the National Academy of
Sciences under which the Academy shall conduct a study,
by not later than 2 years after that date, of
innovative, effective, and systematic approaches for
the management of water supply, wastewater, and
stormwater.
(B) Contents.--The study shall--
(i) be based on and enhance, to the maximum
extent practicable, relevant studies previously
conducted by the Academy;
(ii) focus in particular on soft-path
approaches and low-impact approaches to the
management described in subparagraph (A);
(iii) take into consideration the costs of
each approach analyzed by the study;
(iv) examine and compare the state of
research, technology development, and emerging
practices in other developed and developing
countries with those in the United States;
(v) identify and evaluate relevant system
approaches for comprehensive water management,
including the interrelationship of water
systems with other major systems, such as
energy and transportation systems;
(vi) identify priority research and
development needs; and
(vii) assess implementation needs and
barriers.
(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,000,000 for the period of fiscal years
2010 through 2012.
(3) Report.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Science and
Technology of the House of Representatives a report
describing the key findings of the study under
paragraph (2).
(B) Inclusions.--The report under subparagraph (A)
shall include--
(i) an evaluation of relevant challenges
and opportunities; and
(ii) recommendations for innovative and
integrated solutions for use as a practical
reference by water managers, planners,
developers, scientists, engineers,
nongovernmental organizations, Federal
departments and agencies, and regulators.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2010 through 2014.
SEC. 303. AGRICULTURAL WATERSHED SUSTAINABILITY TECHNOLOGY GRANT
PROGRAM.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' means--
(A) agricultural, horticultural, viticultural, and
dairy products;
(B) livestock and the products of livestock;
(C) the products of poultry and bee raising;
(D) the products of forestry; and
(E) other commodities raised or produced on
agricultural sites, as determined to be appropriate by
the Secretary of Agriculture.
(2) Agricultural project.--The term ``agricultural
project'' means an agricultural watershed sustainability
technology pilot project that, as determined by the
Administrator--
(A) is carried out at an agricultural site;
(B)(i) achieves demonstrable improvements in water
quality that meet or exceed those mandated by statutory
or regulatory requirements; or
(ii) improves water use efficiency; and
(C) will not substantially adversely affect
agricultural commodity production, yield,
profitability, or any other long-term environmental
medium, including air and groundwater resources.
(3) Agricultural site.--The term ``agricultural site''
means a farming or ranching operation of a producer in the
United States.
(4) Producer.--The term ``producer'' means any person or
group of persons (including an irrigation district and a
drainage district) engaged in the production and sale of an
agricultural commodity that owns, or shares the ownership and
risk of loss of, the agricultural commodity.
(5) Revolving fund.--The term ``revolving fund'' means an
agricultural watershed sustainability technology revolving
fund--
(A) that is established by a State using amounts
provided under subsection (b)(1);
(B) that is maintained and credited with
repayments; and
(C) the balance of which shall be available in
perpetuity for providing financial assistance.
(b) Grants for Agricultural State Revolving Funds.--
(1) In general.--As soon as practicable after the date of
enactment of this section, the Administrator shall provide to
each eligible State described in paragraph (2) 1 or more
capitalization grants, that cumulatively equal no more than
$1,000,000 per State, for use in establishing, within an agency
of the State having jurisdiction over agriculture or
environmental quality, an agricultural watershed sustainability
technology revolving fund.
(2) Eligible states.--An eligible State referred to in
paragraph (1) is a State that agrees, prior to receipt of a
capitalization grant under paragraph (1)--
(A) to establish, and deposit the funds from the
grant in, a revolving fund;
(B) to provide, at a minimum, a State share in an
amount equal to 20 percent of the capitalization grant;
(C) to use amounts in the revolving fund to make
loans to producers in accordance with subsection (c);
and
(D) to return amounts in the revolving fund if no
loan applications are granted within 2 years of the
receipt of the initial capitalization grant.
(c) Loans to Producers.--
(1) Use of funds.--A State that establishes a revolving
fund under subsection (b)(2) shall use amounts in the revolving
fund to provide loans to producers for use in designing and
constructing agricultural projects.
(2) Maximum amount of loan.--The amount of a loan made to a
producer using funds from a revolving fund shall not exceed
$250,000, in the aggregate, for all agricultural projects
serving an agricultural site of the producer.
(3) Conditions on loans.--A loan made to a producer using
funds from a revolving fund shall--
(A) have an interest rate that is not more than the
market interest rate, including an interest-free loan;
and
(B) be repaid to the revolving fund not later than
20 years after the date on which funds are initially
disbursed.
(d) Requirements for Producers.--
(1) In general.--A producer that seeks to receive a loan
from a revolving fund shall--
(A) submit to the State within the jurisdiction of
which the agricultural site of the producer is located
an application that--
(i) contains such information as the State
may require; and
(ii) demonstrates, to the satisfaction of
the State, that each project proposed to be
carried out with funds from the loan is an
agricultural project; and
(B) agree to expend all funds from a loan in an
expeditious and timely manner, as determined by the
State.
(2) Maximum percentage of agricultural project cost.--
Subject to subsection (c)(2), a producer that receives a loan
from a revolving fund may use funds from the loan to pay up to
100 percent of the cost of carrying out an agricultural
project.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000.
SEC. 304. STATE REVOLVING FUND REVIEW PROCESS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Administrator shall--
(1) consult with States, utilities, nonprofit
organizations, and other Federal agencies providing financial
assistance to identify ways to expedite and improve the
application and review process, for the provision of assistance
from--
(A) the State water pollution control revolving
funds established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.); and
(B) the State drinking water treatment revolving
loan funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12);
(2) take such administrative action as is necessary to
expedite and improve the process as the Administrator has
authority to take under existing law;
(3) collect information relating to innovative approaches
taken by any State to simplify the application process of the
State, and provide the information to each State;
(4) conduct an evaluation of the process used to develop
and carry out the needs survey under section 516(b)(1)(B) of
the Federal Water Pollution Control Act (33 U.S.C.
1375(b)(1)(B)), including recommendations for ways to
streamline the development and conduct of that survey; and
(5) submit to Congress a report that, based on the
information identified under paragraph (1), contains
recommendations (including recommendations for legislation) to
facilitate further streamlining and improvement of the process.
(b) Considerations.--In carrying out this section, the
Administrator shall consider the needs of--
(1) small treatment works and medium treatment works (as
defined in section 222 of the Federal Water Pollution Control
Act);
(2) treatment works serving populations of 100,000 or more;
(3) small public water systems described in section 1433(d)
of the Safe Drinking Water Act (42 U.S.C. 300i-2(d)); and
(4) public water systems described in section 1433(a)(2) of
the Safe Drinking Water Act (42 U.S.C. 300i-2(a)(2)).
SEC. 305. COST OF SERVICE STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall enter an arrangement with the
Academy under which the Academy shall complete and provide to the
Administrator the results of a study of the means by which public water
systems and treatment works selected by the Academy in accordance with
subsection (c) meet the costs associated with operations, maintenance,
capital replacement, and regulatory requirements.
(b) Required Elements.--
(1) Affordability.--The study shall, at a minimum--
(A) determine whether the rates at public water
systems and treatment works for communities included in
the study were established using a full-cost pricing
model;
(B) if a full-cost pricing model was not used,
identify any incentive rate systems that have been
successful in significantly reducing--
(i) per capita water demand;
(ii) the volume of wastewater flows;
(iii) the volume of stormwater runoff; or
(iv) the quantity of pollution generated by
stormwater;
(C) identify a set of best industry practices that
public water systems and treatment works may use in
establishing a rate structure that--
(i) adequately addresses the true cost of
services provided to consumers by public water
systems and treatment works, including
infrastructure replacement;
(ii) encourages water conservation; and
(iii) takes into consideration the needs of
disadvantaged individuals and communities, as
identified by the Administrator;
(D) identify existing standards for affordability
and the manner in which those standards are determined
and defined;
(E) determine the manner in which affordability
varies with respect to communities of different sizes
and in different regions; and
(F) determine the extent to which affordability
affects the decision of a community to increase public
water system and treatment works rates (including the
decision relating to the percentage by which those
rates should be increased).
(2) Disadvantaged communities.--The study shall, at a
minimum--
(A) survey a cross-section of States representing
different sizes, demographics, and geographical
regions;
(B) describe, for each State described in
subparagraph (A), the definition of ``disadvantaged
community'' used in the State in carrying out projects
and activities under the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(C) review other means of identifying the meaning
of the term ``disadvantaged'', as that term applies to
communities;
(D) determine which factors and characteristics are
required for a community to be considered
``disadvantaged''; and
(E) evaluate the degree to which factors such as a
reduction in the tax base over a period of time, a
reduction in population, the loss of an industrial
base, and the existence of areas of concentrated
poverty are taken into account in determining whether a
community is a disadvantaged community.
(c) Selection of Communities.--The Academy shall select
communities, the public water system and treatment works rate
structures of which are to be studied under this section, that include
a cross-section of communities representing various populations, income
levels, demographics, and geographical regions.
(d) Use of Results of Study.--On receipt of the results of the
study, the Administrator shall--
(1) submit the study to Congress;
(2) submit a report that describes the results of the
study; and
(3) make the results available to treatment works and
public water systems for use by the publicly owned treatment
works and public water systems, on a voluntary basis, in
determining whether 1 or more new approaches may be implemented
at facilities of the publicly owned treatment works and public
water systems.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2010 and 2014.
SEC. 306. EFFECTIVE UTILITY MANAGEMENT STRATEGIES.
(a) Definitions.--In this section:
(1) Effective utility management strategy.--The term
``effective utility management strategy'' means a strategy for
the operation and management of a utility that, as determined
by the Administrator, incorporates the following attributes:
(A) Product quality.
(B) Stakeholder understanding and support.
(C) Customer satisfaction.
(D) Employee development.
(E) Operational optimization.
(F) Financial viability.
(G) Infrastructure stability.
(H) Operational resiliency.
(I) Community sustainability.
(J) Water resource adequacy.
(2) Utility.--The term ``utility'' means--
(A) a treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C.
1292)); and
(B) a public water system (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f)).
(b) Action by Administrator.--The Administrator may carry out
training programs, provide technical assistance, and disseminate
information regarding effective utility management strategies,
including by--
(1) providing seminars and workshops (including electronic-
based seminars and workshops), conferences, and other
educational programs and developing curricula to advance
effective utility management strategies;
(2) offering support and advice (including financial,
operational, and management advice) to utility operators and
managers regarding effective utility management strategies; and
(3) publishing and disseminating manuals on best management
practices and other relevant information, success stories, and
lessons learned relating to effective utility management
strategies.
(c) Partner Organizations.--In carrying out subsection (b), the
Administrator may enter into cooperative agreements, as the
Administrator determines to be appropriate, with--
(1) stakeholder associations;
(2) qualified nonprofit organizations; and
(3) other relevant organizations, as determined by the
Administrator.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2010 through 2014.
SEC. 307. WATERSENSE PROGRAM.
(a) Establishment.--There is established within the Environmental
Protection Agency a program, to be known as the ``WaterSense Program'',
to identify and promote voluntary approaches to increase water
efficiency in the United States to reduce the strain on water and
wastewater infrastructure and conserve water resources for future
generations through voluntary labeling, promotion, or other forms of
communication regarding water efficient products, programs, processes,
buildings, landscapes, facilities, and services that meet the highest
water conservation and performance standards.
(b) Administration.--The WaterSense Program shall be carried out by
the Administrator.
(c) Duties.--In carrying out the WaterSense Program, 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 products displaying the WaterSense label as the
preferred technologies in the market place for--
(A) reducing water use; and
(B) ensuring product performance;
(3) work to enhance public awareness of the WaterSense
label;
(4) preserve the integrity of the WaterSense label by--
(A) developing specifications to ensure reliable
performance of WaterSense-labeled products, buildings,
landscapes, and services;
(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 research and update WaterSense product
criteria for each applicable category of products;
(6) solicit comments from interested parties before
establishing or revising a WaterSense product category,
specification, or criterion (or before the effective date for
any such product category, specification, or criterion, as
applicable);
(7) on adoption of a new or revised product category,
specification, or criterion, provide reasonable notice to
interested parties regarding--
(A) any change (including a change of effective
date) to the product category, specification, or
criterion;
(B) an explanation of the change; and
(C) as appropriate, responses to comments submitted
by interested parties regarding the product category,
specification, or criterion;
(8) provide appropriate lead time, as determined by the
Administrator, before the applicable effective date for a new
or significant revision to a product category, specification,
or criterion, taking into account the timing requirements of
the manufacturing, product marketing, and distribution process
for the specific product, programs, processes, buildings,
landscapes, facilities, or services addressed; and
(9) identify and, where appropriate, implement other
voluntary approaches in commercial, institutional, and
industrial sectors to improve water efficiency.
(d) Annual Reports.--Not less frequently than once each year, the
Administrator shall prepare and make publicly available a report
describing the activities carried out under this section, including, to
the maximum extent practicable--
(1) available information regarding sales in each
WaterSense product category; and
(2) the savings of water, energy, and capital costs of
water, wastewater, and stormwater infrastructure attributable
to the WaterSense program and each category of WaterSense
product, expressed on a national, regional, State, and
watershed level.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $5,000,000 for each of fiscal years 2010 and 2011;
(2) $7,500,000 for each of fiscal years 2012 and 2013; and
(3) $10,000,000 for fiscal year 2014.
SEC. 308. PHARMACEUTICALS AND PERSONAL CARE PRODUCTS.
Section 104 of the Federal Water Pollution Control Act (33 U.S.C.
1254) is amended by adding at the end the following:
``(w) Presence of Pharmaceuticals and Personal Care Products in
Waters of the United States.--
``(1) Definitions.--In this subsection:
``(A) Academy.--The term `Academy' means the
National Academy of Sciences.
``(B) Pharmaceutical.--The term `pharmaceutical'
has the meaning given the term `drug' in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
``(C) Personal care product.--The term `personal
care product' has the meaning given the term `cosmetic'
in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321).
``(2) Study.--The Administrator shall offer to enter into
an arrangement with the National Academy of Sciences under
which the Academy, in consultation with the Administrator, the
Secretary of Health and Human Services (acting through the
Commissioner of Food and Drugs), the Director of the United
States Geological Survey, the heads of other appropriate
Federal agencies (including the National Institute of
Environmental Health Sciences), and other interested
stakeholders (including manufacturers of pharmaceuticals and
personal care products), shall conduct a study on the presence
of pharmaceuticals and personal care products in the waters of
the United States.
``(3) Contents.--In conducting the study under paragraph
(2), the Academy shall--
``(A) identify pharmaceuticals and personal care
products that have been detected in the waters of the
United States and the levels at which such
pharmaceuticals and personal care products have been
detected;
``(B) identify the sources of pharmaceuticals and
personal care products in the waters of the United
States, including point sources and nonpoint sources of
pharmaceutical and personal care products; and
``(C) evaluate--
``(i) risks associated with the presence of
pharmaceuticals and personal care products in
the waters of the United States; and
``(ii) based upon that assessment, the
technical, economic, and legal feasibility of
methods to control, limit, treat, or prevent
that presence.
``(4) Report.--Not later than 2 years after the date of
enactment of this subsection, the Academy shall submit to the
Administrator and Congress a report on the results of the study
conducted under this subsection, including the potential
effects of pharmaceuticals and personal care products in the
waters of the United States on human health and aquatic
wildlife.''.
SEC. 309. FINANCING CAPABILITY GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
for the purpose of updating the document entitled ``Combined Sewer
Overflows-Guidance for Financial Capability Assessment and Schedule
Development'' and dated February 1997, the Administrator shall--
(1) collect and take into consideration information that
can be used to assess the financial condition of permittees
under the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(2) consult with the affected States, municipalities, and
other interested parties, as determined by the Administrator;
and
(3) conduct a public outreach process.
Calendar No. 109
111th CONGRESS
1st Session
S. 1005
[Report No. 111-47]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act and the Safe Drinking
Water Act to improve water and wastewater infrastructure in the United
States.
_______________________________________________________________________
July 15, 2009
Reported with an amendment