II 111th CONGRESS 1st Session S. 936 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.

1.

Short title

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

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.