[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2654 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2654

 To increase efficiency and conservation in public water systems, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

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

_______________________________________________________________________

                                 A BILL


 
 To increase efficiency and conservation in public water systems, 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, Conservation, and 
Sustainability Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A State, local, or Tribal government, or any 
                special-purpose unit of such a government (including a 
                municipal water authority).
                    (B) A public water system.
                    (C) A nonprofit organization.
            (3) Energy star program.--The term ``Energy Star program'' 
        means the Energy Star program established by section 324A of 
        the Energy Policy and Conservation Act (42 U.S.C. 6294a).
            (4) Low-income household.--The term ``low-income 
        household'' includes a household that is--
                    (A) eligible to receive payments under--
                            (i) section 2605(b)(2) of the Low-Income 
                        Home Energy Assistance Act of 1981 (42 U.S.C. 
                        8624(b)(2)); or
                            (ii) the Low-Income Household Drinking 
                        Water and Wastewater Emergency Assistance 
                        Program authorized by section 533 of division H 
                        of the Consolidated Appropriations Act, 2021 
                        (Public Law 116-260; 134 Stat. 1627); or
                    (B) within a disadvantaged community (as defined in 
                section 1452(d)(3) of the Safe Drinking Water Act (42 
                U.S.C. 300j-12(d)(3))).
            (5) Public water system.--The term ``public water system'' 
        has the meaning given the term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
            (6) Water efficiency incentive program.--The term ``water 
        efficiency incentive program'' means a program for providing 
        incentives, including direct installation services, to 
        residential, commercial, or industrial customers of a public 
        water system for the purchase, lease, installation, use, or 
        implementation, as applicable, of water-efficient upgrades.
            (7) Water-efficient upgrade.--
                    (A) In general.--The term ``water-efficient 
                upgrade'' means a product, landscape, label, process, 
                or service for a residential, commercial, or industrial 
                building, or the landscape of such a building, that 
                is--
                            (i) rated for water efficiency and 
                        performance under the WaterSense program, the 
                        Energy Star program, or such other methodology 
                        as determined to be appropriate by the 
                        Administrator; or
                            (ii) otherwise determined by the 
                        Administrator to improve water-use efficiency.
                    (B) Inclusions.--The term ``water-efficient 
                upgrade'' includes--
                            (i) a faucet;
                            (ii) a showerhead;
                            (iii) a dishwasher;
                            (iv) a toilet;
                            (v) a clothes washer;
                            (vi) an irrigation product or service;
                            (vii) advanced metering infrastructure;
                            (viii) a flow monitoring device;
                            (ix) a landscaping or gardening product, 
                        including moisture control or water-enhancing 
                        technology;
                            (x) xeriscaping, turf removal, or another 
                        landscape conversion that reduces water use 
                        (except for the installation of artificial 
                        turf); and
                            (xi) any other product, landscape, process, 
                        or service--
                                    (I) certified pursuant to the 
                                WaterSense program; or
                                    (II) otherwise determined by the 
                                Administrator to reduce water use or 
                                water loss, including products rated 
                                for water efficiency and performance 
                                under the Energy Star program.
            (8) Water loss control program.--The term ``water loss 
        control program'' means a program to identify and quantify 
        water uses and losses, implement controls to reduce or 
        eliminate losses and leaks, and evaluate the effectiveness of 
        such controls.
            (9) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 324B of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294b).

SEC. 3. WATER EFFICIENCY AND CONSERVATION GRANT PROGRAM.

    (a) In General.--The Administrator shall establish a program to 
award grants to eligible entities that have established water 
efficiency incentive programs to carry out those water efficiency 
incentive programs (referred to in this section as the ``grant 
program'').
    (b) Distribution.--In carrying out the grant program, the 
Administrator shall award not less than 50 percent of the amounts made 
available to carry out this section in each fiscal year to eligible 
entities that service an area that--
            (1) has been designated as D2 (severe drought) or greater 
        according to the United States Drought Monitor for a minimum of 
        4 weeks during any of the 3 years preceding the date of the 
        grant award; or
            (2) is within a county for which a drought emergency has 
        been declared by the applicable Governor at any time during the 
        3-year period preceding the date of the grant award.
    (c) Grant Amount.--
            (1) In general.--Subject to paragraph (2), a grant awarded 
        under the grant program shall be in an amount that is not less 
        than $250,000.
            (2) Small public water systems.--The Administrator may 
        award a grant in an amount that is less than $250,000 if the 
        grant is awarded to, or for the benefit of, a public water 
        system that serves fewer than 10,000 customers.
    (d) Use of Funds.--An eligible entity receiving a grant under the 
grant program shall--
            (1) use grant funds to carry out a water efficiency 
        incentive program for customers of a public water system; or
            (2) provide grant funds to another eligible entity to carry 
        out a water efficiency incentive program described in paragraph 
        (1).
    (e) Minimum Requirement.--An eligible entity receiving a grant 
under the grant program shall use not less than 40 percent of the 
amount of the grant to provide water-efficient upgrades to low-income 
households.
    (f) Cost Share.--
            (1) In general.--Subject to paragraph (2), the Federal 
        share of the cost of carrying out a water efficiency incentive 
        program using a grant awarded under the grant program shall not 
        exceed 80 percent.
            (2) Waiver.--The Administrator may increase the Federal 
        share under paragraph (1) to 100 percent if the Administrator 
        determines that an eligible entity is unable to pay, or would 
        experience significant financial hardship if required to pay, 
        the non-Federal share.
    (g) Supplement, Not Supplant.--Amounts provided under a grant under 
the grant program shall be used to supplement, and not supplant, other 
Federal, State, local, or Tribal funds made available to carry out 
water efficiency incentive programs.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $50,000,000 for each of fiscal years 
        2024 through 2028.
            (2) Administrative costs.--Of the amounts made available 
        under paragraph (1) for grants under the grant program each 
        fiscal year, the Administrator may use not more than 4 percent 
        to pay the administrative costs of the Administrator.

SEC. 4. SUSTAINABLE WATER LOSS CONTROL PROGRAM.

    (a) Technical Assistance and Grant Program.--The Administrator 
shall establish and carry out a program (referred to in this section as 
the ``program'')--
            (1) to make grants and provide technical assistance to 
        eligible entities to perform annual audits of public water 
        systems that are--
                    (A) conducted in accordance with the procedures 
                contained in the manual published by the American Water 
                Works Association entitled ``M36 Water Audits and Loss 
                Control Programs, Fourth Edition'' (or any successor 
                manual determined appropriate by the Administrator); 
                and
                    (B) validated under such criteria as may be 
                specified by the Administrator; and
            (2) to make grants and provide technical assistance to 
        eligible entities--
                    (A) to implement controls to address real losses, 
                apparent losses, or a combination of real and apparent 
                losses that are identified in an audit conducted and 
                validated in accordance with the procedures and 
                criteria described in paragraph (1); and
                    (B) to help public water systems that have 
                conducted and validated such an audit establish water 
                loss control programs.
    (b) Criteria.--In selecting eligible entities to receive grants and 
technical assistance under the program, the Administrator shall 
consider--
            (1) the percentage of customers of the public water system 
        that would be served by the grants or technical assistance that 
        are low-income households; and
            (2) the ability of the public water system that would be 
        served by the grants or technical assistance, on completion of 
        an audit conducted and validated in accordance with the 
        procedures and criteria described in subsection (a)(1)--
                    (A) to successfully sustain a water loss control 
                program; and
                    (B) to demonstrate that the water loss control 
                program will reduce real losses, apparent losses, or a 
                combination of real and apparent losses in the public 
                water system.
    (c) Annual Water Savings.--The Administrator shall--
            (1) annually compile, by Environmental Protection Agency 
        region, information on the amount of water savings achieved 
        pursuant to this section; and
            (2) publish on the website of the Administrator the 
        information compiled under paragraph (1).
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $40,000,000 for each of fiscal years 
        2024 through 2028, of which--
                    (A) $20,000,000 each fiscal year shall be used to 
                carry out subsection (a)(1); and
                    (B) $20,000,000 each fiscal year shall be used to 
                carry out subsection (a)(2).
            (2) Administrative costs.--Of the amounts made available 
        under paragraph (1) for grants under the program each fiscal 
        year, the Administrator may use not more than 4 percent to pay 
        the administrative costs of the Administrator.

SEC. 5. ASSISTANCE FOR WATER EFFICIENT PLUMBING CODE ADOPTION.

    (a) Water Efficient Plumbing Codes.--The Administrator shall 
establish a program to make grants to States, Tribal governments, and 
units of local government that have authority to adopt plumbing codes--
            (1) to adopt plumbing codes that meet or exceed--
                    (A) the latest American National Standard published 
                as the ``Water Efficiency and Sanitation Standard for 
                the Built Environment'' or ``WE-Stand'' (or any 
                successor American National Standard); or
                    (B) the requirements described in Chapter 6 (Water 
                Use Efficiency) of the code published by the 
                International Code Council entitled ``2018 
                International Green Construction Code (IGCC)'' (or any 
                successor requirements described in a code published by 
                the International Code Council); and
            (2) to implement a plan for the jurisdiction to achieve, 
        within 5 years of the date on which the jurisdiction receives 
        the grant, compliance with a plumbing code described in 
        paragraph (1) in at least 90 percent of new and renovated 
        residential, commercial, and industrial buildings, as 
        applicable, which shall include--
                    (A) workforce training;
                    (B) an enforcement program; and
                    (C) a compliance measurement program.
    (b) Subgrant Authority.--A State that has adopted a plumbing code 
described in subsection (a)(1) may use funds from a grant under this 
section to make subgrants to relevant Tribal or local agencies to 
implement the plumbing code through 1 or more of the following:
            (1) Workforce training.
            (2) An enforcement program.
            (3) A compliance measurement program.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $20,000,000 for each of fiscal years 
        2024 through 2028.
            (2) Administrative costs.--Of the amounts made available 
        under paragraph (1) for grants under this section each fiscal 
        year, the Administrator may use not more than 4 percent to pay 
        the administrative costs of the Administrator.
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