[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1497 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 387
116th CONGRESS
  2d Session
                                H. R. 1497

                          [Report No. 116-484]

To amend the Federal Water Pollution Control Act to reauthorize certain 
       water pollution control programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2019

 Mr. DeFazio (for himself, Mrs. Napolitano, Mr. Young, and Mr. Katko) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                           September 4, 2020

   Additional sponsors: Ms. Brownley of California, Mr. Huffman, Mr. 
Lowenthal, Mr. Rouda, Mr. Carbajal, Mr. Cohen, Mr. Lipinski, Mr. Lynch, 
 Mr. Sean Patrick Maloney of New York, Ms. Finkenauer, Ms. Norton, Ms. 
Moore, Ms. Titus, Ms. Craig, Mr. Malinowski, Mr. Blumenauer, Ms. Dean, 
  Mr. DeSaulnier, Ms. Escobar, Ms. Eshoo, Mr. Grothman, Mr. Harder of 
California, Mr. Lamb, Ms. Slotkin, Mr. Takano, Mrs. Trahan, Mr. Welch, 
Mr. Larsen of Washington, Ms. Lee of California, Ms. Roybal-Allard, Ms. 
Mucarsel-Powell, Ms. Davids of Kansas, Ms. Kuster of New Hampshire, Mr. 
 Beyer, Mr. Phillips, Mr. McAdams, Mr. Richmond, Mr. Trone, Mr. Casten 
of Illinois, Mr. Morelle, Ms. Kaptur, Mr. Case, Ms. Torres Small of New 
Mexico, Mr. Kildee, Ms. Wilson of Florida, Mr. Brindisi, Ms. Tlaib, Mr. 
Sires, Mr. Payne, Mrs. Axne, Mr. Kind, Mr. Cartwright, Mr. Fitzpatrick, 
                            and Mr. Moulton

                           September 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to reauthorize certain 
       water pollution control programs, 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 Quality Protection and Job 
Creation Act of 2019''.

SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.

    Section 104(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(g)) is amended--
            (1) in paragraph (1), by striking ``manpower'' each place 
        it appears and inserting ``workforce''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Report to congress on publicly owned treatment works 
        workforce development.--Not later than 2 years after the date 
        of enactment of the Water Quality Protection and Job Creation 
        Act of 2019, the Administrator shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report containing--
                    ``(A) an assessment of the current and future 
                workforce needs for publicly owned treatment works, 
                including an estimate of the number of future positions 
                needed for such treatment works and the technical 
                skills and education needed for such positions;
                    ``(B) a summary of actions taken by the 
                Administrator, including Federal investments under this 
                Act, that promote workforce development to address such 
                needs; and
                    ``(C) any recommendations of the Administrator to 
                address such needs.''.

SEC. 3. STATE MANAGEMENT ASSISTANCE.

    (a) Authorization of Appropriations.--Section 106(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1); and
            (2) by inserting after paragraph (2) the following:
            ``(3) such sums as may be necessary for each of fiscal 
        years 1991 through 2020;
            ``(4) $240,000,000 for fiscal year 2021;
            ``(5) $250,000,000 for fiscal year 2022;
            ``(6) $260,000,000 for fiscal year 2023;
            ``(7) $270,000,000 for fiscal year 2024; and
            ``(8) $275,000,000 for fiscal year 2025;''.
    (b) Technical Amendment.--Section 106(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking 
``Beginning in fiscal year 1974 the'' and inserting ``The''.

SEC. 4. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.

    (a) Increased Resilience of Treatment Works.--Section 122(a)(6) of 
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is 
amended to read as follows:
            ``(6) Increased resilience of treatment works.--Efforts--
                    ``(A) to assess future risks and vulnerabilities of 
                publicly owned treatment works to manmade or natural 
                disasters, including extreme weather events and sea 
                level rise; and
                    ``(B) to carry out the planning, designing, or 
                constructing of projects, on a systemwide or areawide 
                basis, to increase the resilience of publicly owned 
                treatment works through--
                            ``(i) the conservation of water or the 
                        enhancement of water use efficiency;
                            ``(ii) the enhancement of wastewater 
                        (including stormwater) management by increasing 
                        watershed preservation and protection, 
                        including through--
                                    ``(I) the use of green 
                                infrastructure; or
                                    ``(II) the reclamation and reuse of 
                                wastewater (including stormwater), such 
                                as through aquifer recharge zones;
                            ``(iii) the modification or relocation of 
                        an existing publicly owned treatment works at 
                        risk of being significantly impaired or damaged 
                        by a manmade or natural disaster; or
                            ``(iv) the enhancement of energy 
                        efficiency, or the use or generation of 
                        recovered or renewable energy, in the 
                        management, treatment, or conveyance of 
                        wastewater (including stormwater).''.
    (b) Requirements; Authorization of Appropriations.--Section 122 of 
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Requirements.--The requirements of section 608 shall apply to 
any construction, alteration, maintenance, or repair of treatment works 
receiving a grant under this section.
    ``(d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, to the extent there are sufficient eligible 
applications.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $110,000,000, to remain 
available until expended.''.
    (c) Technical and Conforming Amendments.--
            (1) Watershed pilot projects.--Section 122 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1274) is amended--
                    (A) in the section heading, by striking ``watershed 
                pilot projects'' and inserting ``watershed, wet 
                weather, and resiliency projects''; and
                    (B) by striking ``pilot'' each place it appears.
            (2) Water pollution control revolving loan funds.--Section 
        603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(c)(7)) is amended by striking ``watershed''.

SEC. 5. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Limitation on eligibility.--A project that has 
        received construction funds under the Reclamation Projects 
        Authorization and Adjustment Act of 1992 shall not be eligible 
        for grant assistance under this section.''; and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).
    (b) Committee Resolution Procedure; Assistance.--Section 220 of the 
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to eligible entities for projects 
designed to serve fewer than 10,000 individuals, to the extent there 
are sufficient eligible applications.''.
    (c) Cost Sharing.--Section 220(g) of the Federal Water Pollution 
Control Act (33 U.S.C. 1300(g)) is amended--
            (1) by striking ``The Federal share'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share''; and
            (2) by adding at the end the following:
            ``(2) Reclamation and reuse projects.--For an alternative 
        water source project that has received funds under the 
        Reclamation Projects Authorization and Adjustment Act of 1992 
        (other than funds referred to in subsection (d)(1)), the total 
        Federal share of the costs of the project shall not exceed 25 
        percent or $20,000,000, whichever is less.''.
    (d) Requirements.--Section 220 of the Federal Water Pollution 
Control Act (33 U.S.C. 1300) is amended by redesignating subsections 
(i) and (j) as subsections (j) and (k), respectively, and inserting 
after subsection (h) the following:
    ``(i) Requirements.--The requirements of section 608 shall apply to 
any construction of an alternative water source project carried out 
using assistance made available under this section.''.
    (e) Definitions.--Section 220(j)(1) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d) of this section) is 
amended by striking ``or wastewater or by treating wastewater'' and 
inserting ``, wastewater, or stormwater or by treating wastewater or 
stormwater''.
    (f) Authorization of Appropriations.--Section 220(k) of the Federal 
Water Pollution Control Act (as redesignated by subsection (d) of this 
section) is amended by striking ``$75,000,000 for fiscal years 2002 
through 2004'' and inserting ``$150,000,000''.

SEC. 6. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) in subsection (c), by striking ``subsection (b),'' each 
        place it appears and inserting ``this section,'';
            (2) in subsection (d)--
                    (A) by striking ``The Federal share'' and inserting 
                the following:
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share''; and
                    (B) by striking ``The non-Federal share'' and 
                inserting the following:
                    ``(B) Financially distressed communities.--The 
                Federal share of the cost of activities carried out 
                using amounts from a grant made to a financially 
                distressed community under subsection (a) shall be not 
                less than 75 percent of the cost.
            ``(2) Non-federal share.--The non-Federal share'';
            (3) in subsection (e), by striking ``section 513'' and 
        inserting ``section 513, or the requirements of section 608,''; 
        and
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``2020'' and 
                inserting ``2025''; and
                    (B) by adding at the end the following:
            ``(3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted to 
        municipalities in a State, not less than 20 percent is granted 
        to municipalities with a population of less than 20,000, to the 
        extent there are sufficient eligible applications.''.

SEC. 7. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    (a) Terms.--Section 402(b)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1342(b)(1)) is amended--
            (1) by amending subparagraph (B) to read as follows:
            ``(B) are for fixed terms--
                    ``(i) not exceeding 10 years, for a permit issued 
                in accordance with subsection (t); and
                    ``(ii) not exceeding 5 years, for a permit not 
                described in clause (i);''; and
            (2) by redesignating subparagraph (D) as subparagraph (E), 
        and inserting after subparagraph (C) the following:
            ``(D) do not continue in force beyond the last day of the 
        fixed term, except as provided in subsection (k)(2); and''.
    (b) Requirements.--Section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) is amended--
            (1) in subsection (k)--
                    (A) by inserting ``(1)'' before ``Compliance 
                with'';
                    (B) by striking ``of (1)'' and inserting ``of 
                (A)'';
                    (C) by striking ``or (2)'' and inserting ``or 
                (B)''; and
                    (D) by adding at the end the following:
            ``(2) Permit renewal or reissuance.--If a permittee applies 
        to a State to renew or reissue a permit under this section, in 
        compliance with the approved State permit program under 
        subsection (b), and the State does not make a final 
        administrative disposition of the application by the last day 
        of the term of the permit--
                    ``(A) not later than 30 days after such last day of 
                the term of the permit, the State shall notify the 
                Administrator, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Environment and Public Works of the Senate 
                of such failure to make a final administrative 
                disposition;
                    ``(B) if the State does not make a final 
                administrative disposition of the application by the 
                date that is 180 days after the last day of the term of 
                the permit, the Administrator shall make a final 
                administrative disposition of the application not later 
                than 180 days after such date; and
                    ``(C) the permit shall continue in effect until the 
                date on which a final administrative disposition of the 
                application is made.''; and
            (2) by adding at the end the following:
    ``(t) Extended Term for Certain Permits.--
            ``(1) In general.--A State with an approved permit program 
        under subsection (b) may issue a permit under this section with 
        a term authorized under subsection (b)(1)(B)(i) to an eligible 
        municipality for a covered discharge.
            ``(2) Review and modification of permit.--
                    ``(A) State action.--
                            ``(i) Review.--Not later than 60 days after 
                        a triggering event occurs with respect to a 
                        permit issued by a State pursuant to this 
                        subsection, the State shall review the permit 
                        and make publicly available a determination of 
                        whether any modifications to the permit are 
                        necessary to address the triggering event.
                            ``(ii) Modification.--Not later than 90 
                        days after making publicly available a 
                        determination under clause (i) that 
                        modifications to a permit are necessary, the 
                        State shall make such modifications in 
                        accordance with the requirements of this 
                        section.
                    ``(B) EPA action.--
                            ``(i) Review.--If a State fails to make 
                        publicly available a determination by the 
                        deadline required under subparagraph (A), the 
                        Administrator shall make publicly available 
                        such a determination not later than 30 days 
                        after such deadline.
                            ``(ii) Modification.--If a State fails to 
                        modify a permit by the deadline required under 
                        subparagraph (A), or if the Administrator makes 
                        publicly available under this subparagraph a 
                        determination that modifications to a permit 
                        are necessary, the Administrator shall make 
                        such modifications in accordance with the 
                        requirements of this section not later than 90 
                        days after the deadline required under 
                        subparagraph (A), or 90 days after the date on 
                        which the Administrator makes publicly 
                        available such determination under this 
                        subparagraph, as applicable.
                            ``(iii) Effect on state authority.--A 
                        permit modified by the Administrator under 
                        clause (ii) shall be considered to be a permit 
                        issued by the State for the purposes of permit 
                        administration, and such modification shall not 
                        affect any other authority or responsibility of 
                        the State relating to the permit.
                    ``(C) Right of action.--A determination under this 
                paragraph by a State or the Administrator of whether 
                modifications to a permit are necessary to address a 
                triggering event is a final agency action subject to 
                judicial review in the same manner as a review under 
                section 509(b)(1).
            ``(3) Definitions.--In this subsection:
                    ``(A) Covered discharge.--The term `covered 
                discharge' means a discharge from a publicly owned 
                treatment works, which consists of municipal sewage 
                treated, recycled, or reclaimed in accordance with this 
                Act (and may include a municipal combined sewer 
                overflow that is in compliance with the requirements of 
                subsection (q))--
                            ``(i) into a navigable water that is not 
                        identified by the State issuing the permit 
                        under section 303(d) as impaired for a 
                        pollutant specifically addressed by the permit; 
                        or
                            ``(ii) in the case of a discharge into a 
                        navigable water that is so identified, that is 
                        subject to, and in compliance with, permit 
                        limits that are consistent with--
                                    ``(I) a judicial order or consent 
                                decree resolving an enforcement action 
                                related to such discharge under this 
                                Act; or
                                    ``(II) for each such pollutant, any 
                                applicable approved total maximum daily 
                                load allocation, or, if no such 
                                approved allocation exists, any 
                                applicable water quality standard for 
                                the pollutant (including any such 
                                standard as addressed in an integrated 
                                plan incorporated into a permit under 
                                subsection (s)).
                    ``(B) Eligible municipality.--The term `eligible 
                municipality' means a municipality with a history of 
                compliance with this Act, as determined in accordance 
                with standards established by the Administrator.
                    ``(C) Triggering event.--The term `triggering 
                event' means, with respect to a permit issued pursuant 
                to this subsection, any of the following that happens 
                after the date on which the permit is issued:
                            ``(i) The State receives information that 
                        there may be a cause for modification, as 
                        identified in section 122.62 of title 40, Code 
                        of Federal Regulations (as in effect on the 
                        date of enactment of this subsection), of the 
                        permit.
                            ``(ii) The State identifies under section 
                        303(d) the navigable water into which a 
                        discharge is permitted pursuant to the permit 
                        as impaired for a pollutant known to be present 
                        in the discharge.
                            ``(iii) The Administrator approves a new or 
                        modified total maximum daily load that applies 
                        with respect to a pollutant known to be present 
                        in a discharge permitted pursuant to the 
                        permit.
                            ``(iv) The Administrator or the State 
                        determines that--
                                    ``(I) a pollutant known to be 
                                discharged under the permit is directly 
                                related to the contamination of a water 
                                designated for use as a public water 
                                supply source pursuant to section 303; 
                                and
                                    ``(II)(aa) the discharge of such 
                                pollutant is related to a violation of 
                                an applicable water quality standard; 
                                or
                                    ``(bb) such pollutant is subject to 
                                a health advisory published by the 
                                Administrator under section 
                                1412(b)(1)(F) of the Safe Drinking 
                                Water Act.''.
    (c) Implementation Rule.--
            (1) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall publish in the Federal Register a rule 
        to implement the amendments made by this section, including 
        establishing standards for determining a history of compliance 
        with the Federal Water Pollution Control Act for purposes of 
        section 402(t) of such Act (as added by this section).
            (2) Consultation.--In carrying out this subsection, the 
        Administrator shall consult with representatives of States, 
        municipalities (as such term is defined in section 502 of the 
        Federal Water Pollution Control Act), and other stakeholders 
        and interested parties.

SEC. 8. REPORTS TO CONGRESS.

    Section 516(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1375(b)(1)) is amended--
            (1) by striking ``, of the cost of construction'' and 
        inserting ``, of (i) the cost of construction''; and
            (2) by striking ``each of the States;'' and inserting 
        ``each of the States, and (ii) the costs to implement measures 
        necessary to address the resilience and sustainability of 
        publicly owned treatment works to manmade or natural 
        disasters;''.

SEC. 9. INDIAN TRIBES.

    Section 518(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--For each fiscal year, the Administrator 
        shall reserve, of the funds made available to carry out title 
        VI (before allotments to the States under section 604(a)), the 
        greater of--
                    ``(A) 2 percent of such funds; or
                    ``(B) $30,000,000.
            ``(2) Use of funds.--
                    ``(A) Grants.--Funds reserved under this subsection 
                shall be available only for grants to entities 
                described in paragraph (3) for--
                            ``(i) projects and activities eligible for 
                        assistance under section 603(c); and
                            ``(ii) training, technical assistance, and 
                        educational programs relating to the operation 
                        and management of treatment works eligible for 
                        assistance pursuant to section 603(c).
                    ``(B) Limitation.--Not more than $2,000,000 of the 
                reserved funds may be used for grants under 
                subparagraph (A)(ii).''; and
            (2) in paragraph (3)--
                    (A) in the header, by striking ``Use of funds'' and 
                inserting ``Eligible entities''; and
                    (B) by striking ``for projects and activities 
                eligible for assistance under section 603(c) to serve'' 
                and inserting ``to''.

SEC. 10. CAPITALIZATION GRANTS.

    Section 602(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1382(b)) is amended--
            (1) in paragraph (13)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``and energy conservation'' and inserting ``and 
                efficient energy use (including through the 
                implementation of technologies to recapture and reuse 
                energy produced in the treatment of wastewater)''; and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and'' ; and
            (3) by adding at the end the following:
            ``(15) to the extent there are sufficient projects or 
        activities eligible for assistance from the fund, with respect 
        to funds for capitalization grants received by the State under 
        this title and section 205(m) in each of fiscal years 2021 
        through 2025, the State will use not less than 15 percent of 
        such funds for projects to address green infrastructure, water 
        or energy efficiency improvements, or other environmentally 
        innovative activities.''.

SEC. 11. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1383(i)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, including forgiveness of principal and 
                negative interest loans'' and inserting ``(including in 
                the form of forgiveness of principal, negative interest 
                loans, or grants)''; and
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``in assistance''; and
                            (ii) in clause (ii)(III), by striking ``to 
                        such ratepayers'' and inserting ``to help such 
                        ratepayers maintain access to wastewater and 
                        stormwater treatment services''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Subsidization amounts.--
                    ``(A) In general.--A State may use for providing 
                additional subsidization in a fiscal year under this 
                subsection an amount that does not exceed the greater 
                of--
                            ``(i) 30 percent of the total amount 
                        received by the State in capitalization grants 
                        under this title for the fiscal year; or
                            ``(ii) the annual average over the previous 
                        10 fiscal years of the amounts deposited by the 
                        State in the State water pollution control 
                        revolving fund from State moneys that exceed 
                        the amounts required to be so deposited under 
                        section 602(b)(2).
                    ``(B) Minimum.--For each of fiscal years 2021 
                through 2025, to the extent there are sufficient 
                applications for additional subsidization under this 
                subsection that meet the criteria under paragraph 
                (1)(A), a State shall use for providing additional 
                subsidization in a fiscal year under this subsection an 
                amount that is not less than 10 percent of the total 
                amount received by the State in capitalization grants 
                under this title for the fiscal year.''.

SEC. 12. ALLOTMENT OF FUNDS.

    (a) Formula.--Section 604(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years 
1989 and 1990'' and inserting ``each fiscal year''.
    (b) Wastewater Infrastructure Workforce Development.--Section 604 
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended 
by adding at the end the following:
    ``(d) Wastewater Infrastructure Workforce Development.--A State may 
reserve each fiscal year up to 1 percent of the sums allotted to the 
State under this section for the fiscal year to carry out workforce 
development, training, and retraining activities described in section 
104(g).''.

SEC. 13. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by striking section 607 and inserting the 
following:

``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    ``(a) In General.--
            ``(1) Reservation.--For each fiscal year, the Administrator 
        shall reserve 1.5 percent of available funds, as calculated in 
        accordance with paragraph (2).
            ``(2) Calculation of available funds.--The amount of 
        available funds shall be calculated by subtracting the amount 
        of any funds reserved under section 518(c) from the amount of 
        funds made available to carry out this title (before allotments 
        to the States under section 604(a)).
    ``(b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands for projects and 
activities eligible for assistance under section 603(c).
    ``(c) Limitation.--American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands may not receive funds 
allotted under section 604(a).''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
the following sums:
            ``(1) $2,400,000,000 for fiscal year 2021.
            ``(2) $2,600,000,000 for fiscal year 2022.
            ``(3) $2,800,000,000 for fiscal year 2023.
            ``(4) $3,000,000,000 for fiscal year 2024.
            ``(5) $3,200,000,000 for fiscal year 2025.''.

SEC. 15. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.

    Section 4(b)(1) of the Water Infrastructure Improvement Act (42 
U.S.C. 4370j(b)(1)) is amended to read as follows:
            ``(1) technical and planning assistance to support 
        municipalities, including municipalities that are rural, small, 
        and tribal communities, in achieving and maintaining compliance 
        with enforceable deadlines, goals, and requirements of the 
        Federal Water Pollution Control Act; and''.

SEC. 16. REPORT ON FINANCIAL CAPABILITY OF MUNICIPALITIES.

    (a) Review.--The Administrator of the Environmental Protection 
Agency shall conduct a review of existing implementation guidance of 
the Agency for evaluating the financial resources a municipality has 
available to implement the requirements of the Federal Water Pollution 
Control Act to determine whether, and if so, how, such guidance needs 
to be revised.
    (b) Considerations.--In conducting the review under subsection (a), 
the Administrator shall consider--
            (1) the report by the National Academy of Public 
        Administration prepared for the Environmental Protection Agency 
        entitled ``Developing a New Framework for Community 
        Affordability of Clean Water Services'', dated October 2017;
            (2) the report developed by the National Environmental 
        Justice Advisory Council entitled ``EPA's Role in Addressing 
        the Urgent Water Infrastructure Needs of Environmental Justice 
        Communities'', dated August 2018, and made available on the 
        website of the Administrator in March 2019;
            (3) the report prepared for the American Water Works 
        Association, the National Association of Clean Water Agencies, 
        and the Water Environment Federation entitled ``Developing a 
        New Framework for Household Affordability and Financial 
        Capability Assessment in the Water Sector'', dated April 17, 
        2019;
            (4) the recommendations of the Environmental Financial 
        Advisory Board related to municipal financial capability 
        assessments, prepared at the request of the Administrator; and
            (5) any other information the Administrator considers 
        appropriate.
    (c) Engagement and Transparency.--In conducting the review under 
subsection (a), the Administrator shall--
            (1) after providing public notice, consult with, and 
        solicit advice and recommendations from, State and local 
        governmental officials and other stakeholders, including 
        nongovernmental organizations; and
            (2) ensure transparency in the consultation process.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate, and make 
publicly available, a report on the results of the review conducted 
under subsection (a), including any recommendations for revisions to 
the guidance.

SEC. 17. REVIEW OF SECONDARY TREATMENT TECHNOLOGIES.

    (a) In General.--
            (1) Development of data collection means.--Not later than 
        180 days after the date of enactment of this Act, the 
        Administrator of the Environmental Protection Agency shall 
        publish in the Federal Register a notice to solicit public 
        comment (including the opportunity for public hearings and 
        listening sessions) on the collection of data regarding the 
        existing capabilities of publicly owned treatment works to 
        reduce the effluent concentration of pathogens (or pathogen 
        indicators) in the discharge of such treatment works, in order 
        to determine an appropriate means to collect such data in a 
        sufficient amount, and of a sufficient quality, to develop a 
        representational sample of such capabilities.
            (2) Data collection.--Not later than 18 months after the 
        date of enactment of this Act, the Administrator shall publish 
        in the Federal Register the data collection means determined 
        appropriate pursuant to paragraph (1) and initiate the 
        collection of data using such means.
            (3) Determination on secondary treatment regulations.--Upon 
        completion of data collection pursuant to paragraph (2), the 
        Administrator shall make the data available to the public and 
        make a determination whether such data support a revision to 
        the secondary treatment standard for pathogens (or pathogen 
        indicators) pursuant to section 304(d)(1) of the Federal Water 
        Pollution Control Act.
            (4) Limitation.--The Administrator may not propose or 
        finalize any modifications to requirements pursuant to section 
        402 of the Federal Water Pollution Control Act related to 
        wastewater blending, bypass, or peak wet weather discharges 
        from publicly owned treatment works until after the date on 
        which the Administrator makes a determination under paragraph 
        (3).
    (b) Definitions.--In this section:
            (1) Bypass.--The term ``bypass'' has the meaning given that 
        term in section 122.41(m) of title 40, Code of Federal 
        Regulations.
            (2) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act.
                                                 Union Calendar No. 387

116th CONGRESS

  2d Session

                               H. R. 1497

                          [Report No. 116-484]

_______________________________________________________________________

                                 A BILL

To amend the Federal Water Pollution Control Act to reauthorize certain 
       water pollution control programs, and for other purposes.

_______________________________________________________________________

                           September 4, 2020

  Reported with an amendment; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed