[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1669 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1669

 To authorize the Administrator of the Environmental Protection Agency 
  to establish a program of awarding grants to owners or operators of 
water systems to increase the resiliency or adaptability of the systems 
to any ongoing or forecasted changes to the hydrologic conditions of a 
                      region of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2011

   Mr. Cardin (for himself, Mrs. Boxer, and Mr. Reid) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of the Environmental Protection Agency 
  to establish a program of awarding grants to owners or operators of 
water systems to increase the resiliency or adaptability of the systems 
to any ongoing or forecasted changes to the hydrologic conditions of a 
                      region of the United States.

    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 Infrastructure Resiliency and 
Sustainability Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Hydrologic condition.--The term ``hydrologic 
        condition'' means the quality, quantity, or reliability of the 
        water resources of a region of the United States.
            (3) Owner or operator of a water system.--
                    (A) In general.--The term ``owner or operator of a 
                water system'' means an entity (including a regional, 
                State, tribal, local, municipal, or private entity) 
                that owns or operates a water system.
                    (B) Inclusions.--The term ``owner or operator of a 
                water system'' includes--
                            (i) a non-Federal entity that has 
                        operational responsibilities for a federally, 
                        tribally, or State-owned water system; and
                            (ii) an entity established by an agreement 
                        between--
                                    (I) an entity that owns or operates 
                                a water system; and
                                    (II) at least 1 other entity.
            (4) Water system.--The term ``water system'' means--
                    (A) a community water system (as defined in section 
                1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
                    (B) a 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 (as such term is used in that Act (33 U.S.C. 
                1251 et seq.));
                    (C) a decentralized wastewater treatment system for 
                domestic sewage;
                    (D) a groundwater storage and replenishment system;
                    (E) a system for transport and delivery of water 
                for irrigation or conservation; or
                    (F) a natural or engineered system that manages 
                floodwater.

SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.

    (a) Program.--The Administrator shall establish and implement a 
program, to be known as the ``Water Infrastructure Resiliency and 
Sustainability Program'', under which the Administrator shall award 
grants for each of fiscal years 2012 through 2016 to owners or 
operators of water systems for the purpose of increasing the resiliency 
or adaptability of the water systems to any ongoing or forecasted 
changes (based on the best available research and data) to the 
hydrologic conditions of a region of the United States.
    (b) Use of Funds.--As a condition on receipt of a grant under this 
Act, an owner or operator of a water system shall agree to use the 
grant funds exclusively to assist in the planning, design, 
construction, implementation, operation, or maintenance of a program or 
project that meets the purpose described in subsection (a) by--
            (1) conserving water or enhancing water use efficiency, 
        including through the use of water metering and electronic 
        sensing and control systems to measure the effectiveness of a 
        water efficiency program;
            (2) modifying or relocating existing water system 
        infrastructure made or projected to be significantly impaired 
        by changing hydrologic conditions;
            (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 to serve existing communities;
            (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 and water banking), or water demand management 
        technologies, projects, or processes (such as water reuse and 
        recycling, adaptive conservation pricing, and groundwater 
        banking) 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 that is being used 
        for agricultural production to improve water supply, 
        reliability, storage, or conveyance in a manner that--
                    (A) promotes conservation or improves the 
                efficiency of use of available water supplies; and
                    (B) does not further exacerbate stresses on 
                ecosystems or cause redirected impacts by degrading 
                water quality or increasing net greenhouse gas 
                emissions;
            (9) supporting practices and projects, such as improved 
        irrigation systems, water banking and other forms of water 
        transactions, groundwater recharge, stormwater capture, 
        groundwater conjunctive use, and reuse or recycling of drainage 
        water, to improve water quality or promote more efficient water 
        use on land that is being used for agricultural production;
            (10) reducing flood damage, risk, and vulnerability by--
                    (A) restoring floodplains, wetland, and upland 
                integral to flood management, protection, prevention, 
                and response;
                    (B) modifying levees, floodwalls, and other 
                structures through setbacks, notches, gates, removal, 
                or similar means to facilitate reconnection of rivers 
                to floodplains, reduce flood stage height, and reduce 
                damage to properties and populations;
                    (C) providing for acquisition and easement of 
                flood-prone land and properties in order to reduce 
                damage to property and risk to populations; or
                    (D) promoting land use planning that prevents 
                future floodplain development;
            (11) conducting and completing studies or assessments to 
        project how changing hydrologic conditions may impact the 
        future operations and sustainability of water systems; or
            (12) developing and implementing measures to increase the 
        resilience of water systems and regional and hydrological 
        basins, including the Colorado River Basin, to rapid hydrologic 
        change or a natural disaster (such as tsunami, earthquake, 
        flood, or volcanic eruption).
    (c) Application.--To seek a grant under this Act, the owner or 
operator of a water system shall submit to the Administrator an 
application that--
            (1) includes a proposal for the program, strategy, or 
        infrastructure improvement to be planned, designed, 
        constructed, implemented, or maintained by the water system;
            (2) provides the best available research or data that 
        demonstrate--
                    (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 of a region, including rising sea levels and 
                changes in precipitation patterns; and
                    (B) the manner in which the proposed program, 
                strategy, or infrastructure improvement would perform 
                under the anticipated hydrologic conditions;
            (3) describes the manner in which the proposed program, 
        strategy, or infrastructure improvement is expected--
                    (A) to enhance the resiliency of the water system, 
                including source water protection for community water 
                systems, to the anticipated hydrologic conditions; or
                    (B) to increase efficiency in the use of energy or 
                water of the water system; and
            (4) describes the manner in which the proposed program, 
        strategy, or infrastructure improvement is consistent with an 
        applicable State, tribal, or local climate adaptation plan, if 
        any.
    (d) Priority.--
            (1) Water systems at greatest and most immediate risk.--In 
        selecting grantees under this Act, subject to section 4(b), the 
        Administrator shall give priority to 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 negative impacts due to changing hydrologic 
        conditions.
            (2) Goals.--In selecting among applicants described in 
        paragraph (1), the Administrator shall ensure that, to the 
        maximum extent practicable, the final list of applications 
        funded for each year includes a substantial number that propose 
        to use innovative approaches to meet 1 or more of the following 
        goals:
                    (A) Promoting more efficient water use, water 
                conservation, water reuse, or recycling.
                    (B) Using decentralized, low-impact development 
                technologies and nonstructural approaches, including 
                practices that use, enhance, or mimic the natural 
                hydrological cycle or protect natural flows.
                    (C) Reducing stormwater runoff or flooding by 
                protecting or enhancing natural ecosystem functions.
                    (D) Modifying, upgrading, enhancing, or replacing 
                existing water system infrastructure in response to 
                changing hydrologic conditions.
                    (E) Improving water quality or quantity for 
                agricultural and municipal uses, including through 
                salinity reduction.
                    (F) Providing multiple benefits, including to water 
                supply enhancement or demand reduction, water quality 
                protection or improvement, increased flood protection, 
                and ecosystem protection or improvement.
    (e) Cost-Sharing Requirement.--
            (1) Federal share.--The share of the cost of any program, 
        strategy, or infrastructure improvement that is the subject of 
        a grant awarded by the Administrator to the owner or operator 
        of a water system under subsection (a) paid through funds 
        distributed under this Act shall not exceed 50 percent of the 
        cost of the program, strategy, or infrastructure improvement.
            (2) Calculation of non-federal share.--In calculating the 
        non-Federal share of the cost of a program, strategy, or 
        infrastructure improvement proposed by a water system in an 
        application submitted under subsection (c), 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, including 
                reasonable administrative and overhead costs; and
                    (B) not include any other amount that the water 
                system involved receives from the Federal Government.
    (f) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act, and every 3 years thereafter, the Administrator 
shall submit to Congress a report that--
            (1) describes the progress in implementing this Act; and
            (2) includes information on project applications received 
        and funded annually under this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $50,000,000 for each of fiscal years 2012 through 2016.
    (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the 
amount made available to carry out this Act for a fiscal year, not more 
than 20 percent may be made available to grantees for activities 
described in subsection (b)(10).
                                 <all>