[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1137 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1137

 To amend the Safe Drinking Water Act and the Federal Water Pollution 
   Control Act to include provisions relating to drinking water and 
           wastewater infrastructure, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2017

  Mr. Cardin introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Safe Drinking Water Act and the Federal Water Pollution 
   Control Act to include provisions relating to drinking water and 
           wastewater 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Safe 
Reliable Water Infrastructure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--DRINKING WATER INFRASTRUCTURE

Sec. 101. Sense of Congress on appropriations levels.
Sec. 102. Other authorized activities.
Sec. 103. Negotiation of contracts.
Sec. 104. WaterSense program.
                  TITLE II--WASTEWATER INFRASTRUCTURE

Sec. 201. Sewer overflow control grants.

                 TITLE I--DRINKING WATER INFRASTRUCTURE

SEC. 101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS.

    It is the sense of Congress that Congress should provide robust 
funding of capitalization grants to States to fund those States' 
drinking water treatment revolving loan funds established under section 
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the State 
water pollution control revolving funds established under title VI of 
the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).

SEC. 102. OTHER AUTHORIZED ACTIVITIES.

    Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
            (1) in paragraph (1)(D), by inserting ``and the 
        implementation of plans to protect source water identified in a 
        source water assessment under section 1453'' before the period 
        at the end; and
            (2) in paragraph (2)(E), by inserting ``and implement plans 
        to protect source water identified in a source water assessment 
        under section 1453'' after ``wellhead protection programs''.

SEC. 103. NEGOTIATION OF CONTRACTS.

    Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is 
amended by adding at the end the following:
    ``(s) Negotiation of Contracts.--For communities with populations 
of more than 10,000 individuals, a contract to be carried out using 
funds directly made available by a capitalization grant under this 
section for program management, construction management, feasibility 
studies, preliminary engineering, design, engineering, surveying, 
mapping, or architectural or related services shall be negotiated in 
the same manner as--
            ``(1) a contract for architectural and engineering services 
        is negotiated under chapter 11 of title 40, United States Code; 
        or
            ``(2) an equivalent State qualifications-based requirement 
        (as determined by the Governor of the State).''.

SEC. 104. WATERSENSE PROGRAM.

    The Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by 
adding after part F the following:

                    ``PART G--ADDITIONAL PROVISIONS

``SEC. 1471. WATERSENSE PROGRAM.

    ``(a) Establishment of WaterSense Program.--
            ``(1) In general.--There is established within the Agency a 
        voluntary WaterSense program to identify and promote water-
        efficient products, buildings, landscapes, facilities, 
        processes, and services that, through voluntary labeling of, or 
        other forms of communications regarding, products, buildings, 
        landscapes, facilities, processes, and services while meeting 
        strict performance criteria, sensibly--
                    ``(A) reduce water use;
                    ``(B) reduce the strain on public and community 
                water systems and wastewater and stormwater 
                infrastructure;
                    ``(C) conserve energy used to pump, heat, 
                transport, and treat water; and
                    ``(D) preserve water resources for future 
                generations.
            ``(2) Inclusions.--The Administrator shall, consistent with 
        this section, identify water-efficient products, buildings, 
        landscapes, facilities, processes, and services, including 
        categories such as--
                    ``(A) irrigation technologies and services;
                    ``(B) point-of-use water treatment devices;
                    ``(C) plumbing products;
                    ``(D) reuse and recycling technologies;
                    ``(E) landscaping and gardening products, including 
                moisture control or water enhancing technologies;
                    ``(F) xeriscaping and other landscape conversions 
                that reduce water use;
                    ``(G) whole house humidifiers; and
                    ``(H) water-efficient buildings or facilities.
    ``(b) Duties.--The Administrator, coordinating as appropriate with 
the Secretary of Energy, shall--
            ``(1) establish--
                    ``(A) a WaterSense label to be used for items 
                meeting the certification criteria established in 
                accordance with this section; and
                    ``(B) the procedure, including the methods and 
                means, and criteria by which an item may be certified 
                to display the WaterSense label;
            ``(2) enhance public awareness regarding the WaterSense 
        label through outreach, education, and other means;
            ``(3) preserve the integrity of the WaterSense label by--
                    ``(A) establishing and maintaining feasible 
                performance criteria so that products, buildings, 
                landscapes, facilities, processes, and services labeled 
                with the WaterSense label perform as well or better 
                than less water-efficient counterparts;
                    ``(B) overseeing WaterSense certifications made by 
                third parties, which shall be independent third-party 
                product certification bodies accredited by an 
                accreditation entity domiciled in the United States, 
                such as the American National Standards Institute, as 
                achieving--
                            ``(i) the requirements described in the 
                        document of the International Organization for 
                        Standardization and the International 
                        Electrotechnical Commission entitled `ISO/IEC 
                        17065 Conformity assessment--Requirements for 
                        bodies certifying products, processes and 
                        services' and dated September 2012; and
                            ``(ii) the applicable WaterSense 
                        requirements;
                    ``(C) as determined appropriate by the 
                Administrator, using testing protocols, from the 
                appropriate, applicable, and relevant consensus 
                standards, for the purpose of determining standards 
                compliance; and
                    ``(D) auditing the use of the WaterSense label in 
                the marketplace and preventing cases of misuse;
            ``(4) not more than 6 years after adoption or major 
        revision of any WaterSense specification, review and, if 
        appropriate, revise the specification to achieve additional 
        water savings;
            ``(5) in revising a WaterSense specification--
                    ``(A) provide reasonable notice to interested 
                parties and the public of any changes, including 
                effective dates, and an explanation of the changes;
                    ``(B) solicit comments from interested parties and 
                the public prior to any changes;
                    ``(C) as appropriate, respond to comments submitted 
                by interested parties and the public; and
                    ``(D) provide an appropriate transition time prior 
                to the applicable effective date of any changes, taking 
                into account the timing necessary for the manufacture, 
                marketing, training, and distribution of the specific 
                water-efficient product, building, landscape, process, 
                or service category being addressed; and
            ``(6) not later than December 31, 2018, consider for review 
        and revision any WaterSense specification adopted before 
        January 1, 2012.
    ``(c) Transparency.--The Administrator shall, to the maximum extent 
practicable and not less than annually, regularly estimate and make 
available to the public the production and relative market shares and 
savings of water, energy, and capital costs of water, wastewater, and 
stormwater attributable to the use of WaterSense-labeled products, 
buildings, landscapes, facilities, processes, and services.
    ``(d) Distinction of Authorities.--In setting or maintaining 
specifications for Energy Star pursuant to section 324A of the Energy 
Policy and Conservation Act (42 U.S.C. 6294a), and WaterSense under 
this section, the Secretary of Energy and the Administrator shall 
coordinate to prevent duplicative or conflicting requirements among the 
respective programs.
    ``(e) No Warranty.--A WaterSense label shall not create an express 
or implied warranty.''.

                  TITLE II--WASTEWATER INFRASTRUCTURE

SEC. 201. 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 the subsection 
        designation and heading and all that follows through ``subject 
        to subsection (g), the Administrator may'' in paragraph (2) and 
        inserting the following:
    ``(a) Authority.--The Administrator may--
            ``(1) make grants to States for the purpose of providing 
        grants to a municipality or municipal entity for planning, 
        designing, and constructing--
                    ``(A) treatment works to intercept, transport, 
                control, or treat municipal combined sewer overflows 
                and sanitary sewer overflows; and
                    ``(B) measures to manage, reduce, treat, or 
                recapture stormwater or subsurface drainage water; and
            ``(2) subject to subsection (g),'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking the semicolon at 
                the end and inserting ``; or'';
                    (B) by striking paragraphs (2) and (3); and
                    (C) by redesignating paragraph (4) as paragraph 
                (2);
            (3) 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 2017;
            ``(2) $300,000,000 for fiscal year 2018;
            ``(3) $350,000,000 for fiscal year 2019;
            ``(4) $400,000,000 for fiscal year 2020; and
            ``(5) $500,000,000 for fiscal year 2021.
    ``(g) Allocation of Funds.--
            ``(1) Fiscal year 2017 and 2018.--For each of fiscal years 
        2017 and 2018, 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 2019 and thereafter.--For fiscal year 
        2019 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; and
                    ``(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).''; and
            (4) by striking subsection (i).
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