[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 936

     To amend the Federal Water Pollution Control Act to authorize 
           appropriations for sewer overflow control grants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2009

    Mr. Lautenberg (for himself, Mr. Voinovich, Mr. Whitehouse, Mr. 
Menendez, and Mr. Brown) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Federal Water Pollution Control Act to authorize 
           appropriations for sewer overflow control grants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Quality Investment Act of 
2009''.

SEC. 2. 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 years 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 
        2010 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;
                    ``(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); and
                    ``(C) gives additional grant priority to States 
                that propose to carry out 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.''.
    (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 ``2010''.
                                 <all>