1.This Act may be cited as the
Water Efficiency, Conservation, and
Adaptation Act of 2009
.
2.Congress finds that—
(1)(A)human-induced climate change is affecting
the natural water cycle, decreasing precipitation levels in the West,
especially the Southwest, and making droughts and floods more frequent and more
intense;
(B)declining precipitation levels will
severely impact water supplies in Southwestern States; and
(C)a
sharp increase in the number of days with very heavy precipitation throughout
the Northeast and the Midwest will stress aging water infrastructure;
(2)changes in the water cycle caused by
climate disruptions will adversely affect water infrastructure, energy
production and use, human health, transportation, agriculture, and ecosystems,
while also aggravating water disputes across the United States;
(3)(A)the Colorado River, which supplies water
for over 30,000,000 people, is experiencing the worst drought in over 100 years
of recordkeeping; and
(B)the primary reservoirs of the Colorado
River Basin and Lakes Mead and Powell have lost nearly half of the storage
waters of the reservoirs and Lakes, and clean hydropower generated from Hoover
Dam risks reduction if the extended drought persists;
(4)States and local governments and water
utilities can begin to address the challenges described in this section by
providing incentives for water efficiency and conservation, while also planning
and investing in infrastructure to adapt to the impacts of climate change,
particularly those impacts already affecting the United States;
(5)residential water demand can be reduced by
25 to 40 percent using existing, cost-effective technologies that also can
reduce the water bills of consumers by hundreds of dollars per year; and
(6)water and energy use are inseparable
activities, and supplying and treating water consumes around 4 percent of the
electricity of the United States, and electricity makes up 75 percent of the
cost of processing and delivering municipal water.
3.Definition of AdministratorIn this Act, the term
Administrator means the Administrator of the Environmental
Protection Agency.
4.
(a)There is established within the
Environmental Protection Agency a WaterSense program to identify and promote
water efficient products, buildings, landscapes, facilities, processes, and
services so as—
(1)to reduce water use;
(2)to reduce the strain on water, wastewater,
and stormwater infrastructure;
(3)to conserve energy used to pump, heat,
transport, and treat water; and
(4)to preserve water resources for future
generations, through voluntary labeling of, or other forms of communications
about, products, buildings, landscapes, facilities, processes, and services
that meet the highest water efficiency and performance criteria.
(b)The Administrator shall—
(1)establish—
(A)a WaterSense label to be used for certain
items; and
(B)the procedure by which an item may be
certified to display the WaterSense label;
(2)promote WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services in the market place
as the preferred technologies and services for—
(A)reducing water use; and
(B)ensuring product and service
performance;
(3)work to enhance public awareness of the
WaterSense label through public outreach, education, and other means;
(4)preserve the integrity of the WaterSense
label by—
(A)establishing and maintaining performance
criteria so that products, buildings, landscapes, facilities, processes, and
services labeled with the WaterSense label perform as well or better than less
water-efficient counterparts;
(B)overseeing WaterSense certifications made
by third parties;
(C)conducting reviews of the use of the
WaterSense label in the marketplace and taking corrective action in any case in
which misuse of the label is identified; and
(D)carrying out such other measures as the
Administrator determines to be appropriate;
(5)regularly review and, if appropriate,
update WaterSense criteria for categories of products, buildings, landscapes,
facilities, processes, and services, at least once every 4 years;
(6)to the maximum extent practicable,
regularly estimate and make available to the public the production and relative
market shares of, and the savings of water, energy, and capital costs of water,
wastewater, and stormwater infrastructure attributable to the use of
WaterSense-labeled products, buildings, landscapes, facilities, processes, and
services, at least annually;
(7)solicit comments from interested parties
and the public prior to establishing or revising a WaterSense category,
specification, installation criterion, or other criterion (or prior to
effective dates for any such category, specification, installation criterion,
or other criterion);
(8)provide reasonable notice to interested
parties and the public of any changes (including effective dates), on the
adoption of a new or revised category, specification, installation criterion,
or other criterion, along with—
(A)an explanation of the changes; and
(B)as appropriate, responses to comments
submitted by interested parties and the public;
(9)provide appropriate lead time (as
determined by the Administrator) prior to the applicable effective date for a
new or significant revision to a category, specification, installation
criterion, or other criterion, taking into account the timing requirements of
the manufacturing, marketing, training, and distribution process for the
specific product, building and landscape, or service category addressed;
(10)identify and, if appropriate, implement
other voluntary approaches in commercial, institutional, residential,
industrial, and municipal sectors to encourage recycling and reuse technologies
to improve water efficiency or lower water use; and
(11)if appropriate, apply the WaterSense label
to water-using products that are labeled by the Energy Star program implemented
by the Administrator and the Secretary of Energy.
(c)Authorization of
appropriationsThere are
authorized to be appropriated to carry out this section—
(1)$7,500,000 for fiscal year 2010;
(2)$10,000,000 for fiscal year 2011;
(3)$20,000,000 for fiscal year 2012;
(4)$50,000,000 for fiscal year 2013;
and
(5)for each subsequent fiscal year, the
applicable amount during the preceding fiscal year, as adjusted to reflect
changes for the 12-month period ending the preceding November 30 in the
Consumer Price Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
5.State residential water efficiency and
conservation incentives program
(a)In this section:
(1)The term eligible entity means
a State government, local or county government, tribal government, wastewater
or sewerage utility, municipal water authority, energy utility, water utility,
or nonprofit organization that meets the requirements of subsection (b).
(2)The term incentive program
means a program for administering financial incentives for consumer purchase
and installation of water-efficient products, buildings (including new
water-efficient homes), landscapes, processes, or services described in
subsection (b)(1).
(3)Residential water-efficient product,
building, landscape, process, or service
(A)The term residential water-efficient
product, building, landscape, process, or service means a product,
building, landscape, process, or service for a residence or its landscape that
is rated for water efficiency and performance—
(i)by the WaterSense program; or
(ii)if a WaterSense specification does not
exist, by the Energy Star program or an incentive program approved by the
Administrator.
(B)The term residential water-efficient
product, building, landscape, process, or service includes—
(i)faucets;
(ii)irrigation technologies and
services;
(iii)point-of-use water treatment
devices;
(iv)reuse and recycling technologies;
(v)toilets;
(vi)clothes washers;
(vii)dishwashers;
(viii)showerheads;
(ix)xeriscaping and other landscape conversions
that replace irrigated turf; and
(x)new water efficient homes certified under
the WaterSense program.
(4)The term WaterSense program
means the program established by section 4.
(b)An entity shall be eligible to receive an
allocation under subsection (c) if the entity—
(1)establishes (or has established) an
incentive program to provide financial incentives to residential consumers for
the purchase of residential water-efficient products, buildings, landscapes,
processes, or services;
(2)submits an application for the allocation
at such time, in such form, and containing such information as the
Administrator may require; and
(3)provides assurances satisfactory to the
Administrator that the entity will use the allocation to supplement, but not
supplant, funds made available to carry out the incentive program.
(c)For each fiscal year, the Administrator
shall determine the amount to allocate to each eligible entity to carry out
subsection (d), taking into consideration—
(1)the population served by the eligible
entity during the most recent calendar year for which data are
available;
(2)the targeted population of the incentive
program of the eligible entity, such as general households, low-income
households, or first-time homeowners, and the probable effectiveness of the
incentive program for that population;
(3)for existing programs, the effectiveness of
the program in encouraging the adoption of water-efficient products, buildings,
landscapes, facilities, processes, and services;
(4)any allocation to the eligible entity for a
preceding fiscal year that remains unused; and
(5)the per capita water demand of the
population served by the eligible entity during the most recent calendar year
for which data are available and the accessibility of water supplies to the
eligible entity.
(d)Funds allocated to an eligible entity under
subsection (c) may be used to pay up to 50 percent of the cost of establishing
and carrying out an incentive program.
(e)Eligible entities are encouraged to promote
or implement fixture recycling programs to manage the disposal of older
fixtures replaced due to the incentive program under this section.
(f)
(1)Financial incentives may be provided to
residential consumers that meet the requirements of the applicable incentive
program.
(2)An eligible entity may—
(A)issue all financial incentives directly to
residential consumers; or
(B)with approval of the Administrator,
delegate all or part of financial incentive administration to other
organizations, including local governments, municipal water authorities, water
utilities, and nonprofit organizations.
(3)The amount of a financial incentive shall
be determined by the eligible entity, taking into consideration—
(A)the amount of any Federal or State tax
incentive available for the purchase of the residential water-efficient product
or service;
(B)the amount necessary to change consumer
behavior to purchase water-efficient products and services; and
(C)the consumer expenditures for onsite
preparation, assembly, and original installation of the product.
(g)Authorization of
appropriationsThere are
authorized to be appropriated to the Administrator to carry out this
section—
(1)$100,000,000 for fiscal year 2010;
(2)$150,000,000 for fiscal year 2011;
(3)$200,000,000 for fiscal year 2012;
(4)$150,000,000 for fiscal year 2013;
(5)$100,000,000 for fiscal year 2014;
and
(6)for each subsequent fiscal year, the
applicable amount during the preceding fiscal year, as adjusted to reflect
changes for the 12-month period ending the preceding November 30 in the
Consumer Price Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
6.Blue bank for water system mitigation and
adaptation
(a)In this section:
(1)The term abrupt climate change
means a large-scale change in the climate system that—
(A)takes place over a few decades or
less;
(B)persists (or is anticipated to persist) for
at least a few decades; and
(C)causes substantial disruptions in human and
natural systems.
(2)
(A)The term owner or operator
means a person (including a regional, State, local, municipal, or private
entity) that owns or operates a water system.
(B)The term owner or operator
includes a non-Federal entity that has operational responsibilities for a
federally owned water system.
(3)The term water system
means—
(A)a community water system (as defined in
section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
(B)a publicly owned treatment works (as
defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C.
1292)), including a municipal separate storm sewer system;
(C)a decentralized wastewater treatment system
for domestic sewage;
(D)a groundwater storage and replenishment
system; or
(E)a system for transport and delivery of
water for irrigation or conservation.
(b)Beginning in fiscal year 2010, the
Administrator shall make grants to owners or operators of water systems to
address any ongoing or forecasted (based on the best available research and
data) climate-related impact on the water quality or quantity of a region of
the United States, for the purposes of mitigating or adapting to the impacts of
climate change.
(c)In carrying out this section, the
Administrator shall make grants to assist in the planning, design,
construction, implementation, or maintenance of any program or project to
increase the resilience of a water system to climate change by—
(1)conserving water or enhancing water use
efficiency, including through the use of water metering to measure the
effectiveness of a water efficiency program;
(2)modifying or relocating existing water
system infrastructure made or projected to be made inoperable by climate change
impacts;
(3)preserving or improving water quality,
including through measures to manage, reduce, treat, or reuse municipal
stormwater, wastewater, or drinking water;
(4)investigating, designing, or constructing
groundwater remediation, recycled water, or desalination facilities or
systems;
(5)enhancing water management by increasing
watershed preservation and protection, such as through the use of natural or
engineered green infrastructure in the management, conveyance, or treatment of
water, wastewater, or stormwater;
(6)enhancing energy efficiency or the use and
generation of renewable energy in the management, conveyance, or treatment of
water, wastewater, or stormwater;
(7)supporting the adoption and use of advanced
water treatment, water supply management (such as reservoir reoperation), or
water demand management technologies, projects, or processes (such as water
reuse and recycling or adaptive conservation pricing) that maintain or increase
water supply or improve water quality;
(8)modifying or replacing existing systems or
constructing new systems for existing communities or land currently in
agricultural production to improve water availability, storage, or conveyance
in a manner that—
(A)promotes more efficient use of available
water supplies; and
(B)does not further exacerbate stresses on
ecosystems;
(9)supporting practices and projects, such as
improved irrigation systems, water banking and other forms of water
transactions, groundwater recharge, stormwater capture, and reuse or recycling
of drainage water, to improve water quality or promote more efficient water
use, including on land currently in agricultural production;
(10)conducting and completing studies or
assessments to project how climate change may impact the future operations and
sustainability of water systems; or
(11)developing and implementing mitigation
measures to rapidly address impacts on water systems most susceptible to abrupt
climate change, including those in the Colorado River Basin and coastal regions
at risk from rising sea levels.
(d)To be eligible to receive a grant from the
Administrator under subsection (b), the owner or operator of a water system
shall submit to the Administrator an application that—
(1)includes a proposal of the program,
strategy, or infrastructure improvement to be planned, designed, constructed,
implemented, or maintained by the water system;
(2)cites the best available research or data
that demonstrates—
(A)the risk to the water resources or
infrastructure of the water system as a result of ongoing or forecasted changes
to the hydrological system brought about by factors arising from climate
change, including rising sea levels and changes in precipitation levels;
and
(B)how the proposed program, strategy, or
infrastructure improvement would perform under the anticipated climate
conditions;
(3)explains how the proposed program,
strategy, or infrastructure improvement is expected to enhance the resiliency
of the water system, including source water protection for community water
systems, to these risks or reduce the direct or indirect greenhouse gas
emissions of the water system; and
(4)demonstrates that the program, strategy, or
infrastructure improvement is—
(A)consistent with any approved State and
tribal climate adaptation plan; and
(B)not inconsistent with any approved natural
resources plan.
(e)
(1)Each calendar year, the Administrator shall
conduct a competitive process to select and fund applications under this
section.
(2)Priority requirements and
weightingIn carrying out the
process, the Administrator shall—
(A)prioritize funding of applications that are
submitted by the owners or operators of water systems that are, based on the
best available research and data, at the greatest and most immediate risk of
facing significant climate-related negative impacts on water quality or
quantity;
(B)in selecting among the priority
applications determined under subparagraph (A), ensure that the final list of
applications funded for each year includes a substantial number that, to the
maximum extent practicable, includes each eligible use described in subsection
(c);
(C)solicit applications from water systems
that are—
(i)located in all regions of the United
States; and
(ii)facing varying risks as a result of climate
change; and
(D)provide for solicitation and consideration
of public input in the development of criteria used in evaluating
applications.
(f)
(1)The Federal share of the cost of any
program, strategy, or infrastructure improvement that is the subject of a grant
awarded by the Administrator to a water system under subsection (b) shall not
exceed 50 percent of the cost of the program, strategy, and infrastructure
improvement.
(2)Calculation of non-Federal
shareIn calculating the
non-Federal share of the cost of a program, strategy, or infrastructure
improvement proposed by a water system through an application submitted by the
water system under subsection (d), the Administrator shall—
(A)include the value of any in-kind services
that are integral to the completion of the program, strategy, or infrastructure
improvement, as determined by the Administrator; and
(B)not include any other amount that the water
system receives from a Federal agency.
(g)
(1)All laborers and mechanics employed on
infrastructure improvements funded directly by or assisted in whole or in part
by this section shall be paid wages at rates not less than those prevailing for
the same type of work on similar construction in the immediate locality, as
determined by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of part A of subtitle II of title 40, United States Code.
(2)With respect to the labor standards in this
subsection, the Secretary of Labor shall have the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 3145 of title 40, United States Code.
(h)
(1)Not later than 1 year after the date of
enactment of this Act, the Administrator shall promulgate final regulations to
carry out this section.
(2)Special rule for the construction of
treatment worksIn carrying
out this subsection, the Administrator shall incorporate all relevant and
appropriate requirements of title VI of the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.) applicable to the construction of treatment works that
are carried out under this section.
(i)Not later than 3 years after the date of
enactment of this Act, and every 3 years thereafter, the Administrator shall
submit to the Congress a report on progress in implementing this section,
including information on project applications received and funded
annually.
(j)Authorization of
appropriationsThere are
authorized to be appropriated to carry out this section such sums as are
necessary.