[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7279 Enrolled Bill (ENR)]

        H.R.7279

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
   To amend the Federal Water Pollution Control Act to provide for an 
 integrated planning process, to promote green infrastructure, and for 
                             other purposes.

    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 Improvement 
Act''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Municipality.--The term ``municipality'' has the meaning 
    given that term in section 502 of the Federal Water Pollution 
    Control Act (33 U.S.C. 1362).
SEC. 3. INTEGRATED PLANS.
    (a) Integrated Plans.--Section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) is amended by adding at the end the 
following:
    ``(s) Integrated Plans.--
        ``(1) Definition of integrated plan.--In this subsection, the 
    term `integrated plan' means a plan developed in accordance with 
    the Integrated Municipal Stormwater and Wastewater Planning 
    Approach Framework, issued by the Environmental Protection Agency 
    and dated June 5, 2012.
        ``(2) In general.--The Administrator (or a State, in the case 
    of a permit program approved by the Administrator) shall inform 
    municipalities of the opportunity to develop an integrated plan 
    that may be incorporated into a permit under this section.
        ``(3) Scope.--
            ``(A) Scope of permit incorporating integrated plan.--A 
        permit issued under this section that incorporates an 
        integrated plan may integrate all requirements under this Act 
        addressed in the integrated plan, including requirements 
        relating to--
                ``(i) a combined sewer overflow;
                ``(ii) a capacity, management, operation, and 
            maintenance program for sanitary sewer collection systems;
                ``(iii) a municipal stormwater discharge;
                ``(iv) a municipal wastewater discharge; and
                ``(v) a water quality-based effluent limitation to 
            implement an applicable wasteload allocation in a total 
            maximum daily load.
            ``(B) Inclusions in integrated plan.--An integrated plan 
        incorporated into a permit issued under this section may 
        include the implementation of--
                ``(i) projects, including innovative projects, to 
            reclaim, recycle, or reuse water; and
                ``(ii) green infrastructure.
        ``(4) Compliance schedules.--
            ``(A) In general.--A permit issued under this section that 
        incorporates an integrated plan may include a schedule of 
        compliance, under which actions taken to meet any applicable 
        water quality-based effluent limitation may be implemented over 
        more than 1 permit term if the schedule of compliance--
                ``(i) is authorized by State water quality standards; 
            and
                ``(ii) meets the requirements of section 122.47 of 
            title 40, Code of Federal Regulations (as in effect on the 
            date of enactment of this subsection).
            ``(B) Time for compliance.--For purposes of subparagraph 
        (A)(ii), the requirement of section 122.47 of title 40, Code of 
        Federal Regulations, for compliance by an applicable statutory 
        deadline under this Act does not prohibit implementation of an 
        applicable water quality-based effluent limitation over more 
        than 1 permit term.
            ``(C) Review.--A schedule of compliance incorporated into a 
        permit issued under this section may be reviewed at the time 
        the permit is renewed to determine whether the schedule should 
        be modified.
        ``(5) Existing authorities retained.--
            ``(A) Applicable standards.--Nothing in this subsection 
        modifies any obligation to comply with applicable technology 
        and water quality-based effluent limitations under this Act.
            ``(B) Flexibility.--Nothing in this subsection reduces or 
        eliminates any flexibility available under this Act, including 
        the authority of a State to revise a water quality standard 
        after a use attainability analysis under section 131.10(g) of 
        title 40, Code of Federal Regulations (or a successor 
        regulation), subject to the approval of the Administrator under 
        section 303(c).
        ``(6) Clarification of state authority.--
            ``(A) In general.--Nothing in section 301(b)(1)(C) 
        precludes a State from authorizing in the water quality 
        standards of the State the issuance of a schedule of compliance 
        to meet water quality-based effluent limitations in permits 
        that incorporate provisions of an integrated plan.
            ``(B) Transition rule.--In any case in which a discharge is 
        subject to a judicial order or consent decree, as of the date 
        of enactment of this subsection, resolving an enforcement 
        action under this Act, any schedule of compliance issued 
        pursuant to an authorization in a State water quality standard 
        may not revise a schedule of compliance in that order or decree 
        to be less stringent, unless the order or decree is modified by 
        agreement of the parties and the court.''.
    (b) Implementation of Integrated Plans Through Enforcement Tools.--
Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319) 
is amended by adding at the end the following:
    ``(h) Implementation of Integrated Plans.--
        ``(1) In general.--In conjunction with an enforcement action 
    under subsection (a) or (b) relating to municipal discharges, the 
    Administrator shall inform a municipality of the opportunity to 
    develop an integrated plan, as defined in section 402(s).
        ``(2) Modification.--Any municipality under an administrative 
    order under subsection (a) or settlement agreement (including a 
    judicial consent decree) under subsection (b) that has developed an 
    integrated plan consistent with section 402(s) may request a 
    modification of the administrative order or settlement agreement 
    based on that integrated plan.''.
    (c) Report to Congress.--Not later than 2 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 
Transportation and Infrastructure of the House of Representatives, and 
make publicly available, a report on each integrated plan developed and 
implemented through a permit, order, or judicial consent decree 
pursuant to the Federal Water Pollution Control Act since the date of 
publication of the ``Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework'' issued by the Environmental Protection 
Agency and dated June 5, 2012, including a description of the control 
measures, levels of control, estimated costs, and compliance schedules 
for the requirements implemented through such an integrated plan.
SEC. 4. MUNICIPAL OMBUDSMAN.
    (a) Establishment.--There is established within the Office of the 
Administrator an Office of the Municipal Ombudsman, to be headed by a 
Municipal Ombudsman.
    (b) General Duties.--The duties of the Municipal Ombudsman shall 
include the provision of--
        (1) technical assistance to municipalities seeking to comply 
    with the Federal Water Pollution Control Act; and
        (2) information to the Administrator to help the Administrator 
    ensure that agency policies are implemented by all offices of the 
    Environmental Protection Agency, including regional offices.
    (c) Actions Required.--The Municipal Ombudsman shall work with 
appropriate offices at the headquarters and regional offices of the 
Environmental Protection Agency to ensure that a municipality seeking 
assistance is provided information regarding--
        (1) available Federal financial assistance for which the 
    municipality is eligible;
        (2) flexibility available under the Federal Water Pollution 
    Control Act; and
        (3) the opportunity to develop an integrated plan under section 
    402(s) of the Federal Water Pollution Control Act.
    (d) Information Sharing.--The Municipal Ombudsman shall publish on 
the website of the Environmental Protection Agency--
        (1) general information relating to--
            (A) the technical assistance referred to in subsection 
        (b)(1);
            (B) the financial assistance referred to in subsection 
        (c)(1);
            (C) the flexibility referred to in subsection (c)(2); and
            (D) any resources developed by the Administrator related to 
        integrated plans under section 402(s) of the Federal Water 
        Pollution Control Act; and
        (2) a copy of each permit, order, or judicial consent decree 
    that implements or incorporates such an integrated plan.
SEC. 5. GREEN INFRASTRUCTURE.
    (a) Definition.--Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end the following:
        ``(27) Green infrastructure.--The term `green infrastructure' 
    means the range of measures that use plant or soil systems, 
    permeable pavement or other permeable surfaces or substrates, 
    stormwater harvest and reuse, or landscaping to store, infiltrate, 
    or evapotranspirate stormwater and reduce flows to sewer systems or 
    to surface waters.''.
    (b) Green Infrastructure Promotion.--Title V of the Federal Water 
Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
        (1) by redesignating section 519 as section 520; and
        (2) by inserting after section 518 the following:
    ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION.
    ``(a) In General.--The Administrator shall promote the use of green 
infrastructure in, and coordinate the integration of green 
infrastructure into, permitting and enforcement under this Act, 
planning efforts, research, technical assistance, and funding guidance 
of the Environmental Protection Agency.
    ``(b) Coordination of Efforts.--The Administrator shall ensure that 
the Office of Water coordinates efforts to increase the use of green 
infrastructure with--
        ``(1) other Federal departments and agencies;
        ``(2) State, tribal, and local governments; and
        ``(3) the private sector.
    ``(c) Regional Green Infrastructure Promotion.--The Administrator 
shall direct each regional office of the Environmental Protection 
Agency, as appropriate based on local factors, and consistent with the 
requirements of this Act, to promote and integrate the use of green 
infrastructure within the region, including through--
        ``(1) outreach and training regarding green infrastructure 
    implementation for State, tribal, and local governments, tribal 
    communities, and the private sector; and
        ``(2) the incorporation of green infrastructure into permitting 
    and other regulatory programs, codes, and ordinance development, 
    including the requirements under consent decrees and settlement 
    agreements in enforcement actions.
    ``(d) Green Infrastructure Information-Sharing.--The Administrator 
shall promote green infrastructure information-sharing, including 
through an internet website, to share information with, and provide 
technical assistance to, State, tribal, and local governments, tribal 
communities, the private sector, and the public, regarding green 
infrastructure approaches for--
        ``(1) reducing water pollution;
        ``(2) protecting water resources;
        ``(3) complying with regulatory requirements; and
        ``(4) achieving other environmental, public health, and 
    community goals.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.