[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1700

    To amend the Energy Policy and Conservation Act to establish a 
WaterSense program within the Enivronmental Protection Agency, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2017

Mr. Udall (for himself, Mr. Portman, Mr. Peters, Mr. Wyden, Mr. Graham, 
 Mr. Gardner, Mr. Brown, Mr. Franken, Ms. Baldwin, and Mr. Alexander) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Energy Policy and Conservation Act to establish a 
WaterSense program within the Enivronmental Protection Agency, 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 Efficiency Improvement Act of 
2017''.

SEC. 2. WATERSENSE.

    (a) In General.--Part B of title III of the Energy Policy and 
Conservation Act is amended by adding after section 324A (42 U.S.C. 
6294a) the following:

``SEC. 324B. WATERSENSE.

    ``(a) Establishment of WaterSense Program.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency a voluntary WaterSense program 
        to identify and promote water-efficient products, buildings and 
        building landscapes, facilities, processes, and services that, 
        through voluntary labeling of, or other forms of communications 
        regarding, products, buildings and building 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 of the Environmental 
        Protection Agency (referred to in this section as the 
        `Administrator') shall, consistent with this section, identify 
        water-efficient products, buildings and building 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) whole house humidifiers; and
                    ``(G) water-efficient buildings or facilities, and 
                building or facility landscapes.
    ``(b) Duties.--The Administrator, coordinating as appropriate with 
the Secretary, 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, minimizing unintended 
                or negative impacts to wastewater treatment works, 
                recycled water quality, or water quality in receiving 
                water;
            ``(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 and 
                building 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;
                    ``(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 often than 6 years but not less often than 
        10 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 and building 
                landscape, process, or service category being 
                addressed;
            ``(6) use, to the extent that an agency action is based on 
        science--
                    ``(A) the best available peer-reviewed science and 
                supporting studies conducted in accordance with sound 
                and objective scientific practices; and
                    ``(B) data collected by accepted methods or best 
                available methods (if the reliability of the method and 
                the nature of the decision justifies use of the data); 
                and
            ``(7) not later than December 31, 2022, 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 estimate aggregate production, aggregate 
market penetration, and savings of water, energy, and capital costs of 
water, wastewater, and stormwater attributable to the use of 
WaterSense-labeled products, buildings and building landscapes, 
facilities, processes, and services.
    ``(d) Distinction of Authorities.--In setting or maintaining 
specifications for Energy Star pursuant to section 324A, and WaterSense 
under this section, the Secretary and 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.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by 
inserting after the item relating to section 324A the following:

``Sec. 324B. WaterSense.''.
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