[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7279 Received in Senate (RDS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 7279


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2018

                                Received

_______________________________________________________________________

                                 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.''.

            Passed the House of Representatives December 19, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.