[Congressional Record Volume 155, Number 28 (Wednesday, February 11, 2009)]
[House]
[Pages H1188-H1191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           WATER USE EFFICIENCY AND CONSERVATION RESEARCH ACT

  Mr. GORDON of Tennessee. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 631) to increase research, development, education, 
and technology transfer activities related to water use efficiency and 
conservation technologies and practices at the Environmental Protection 
Agency.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 631

       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 Use Efficiency and 
     Conservation Research Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Between 1950 and 2000, the United States population 
     increased nearly 90 percent. In that same period, public 
     demand for water increased 209 percent. Americans now use an 
     average of 100 gallons of water per person each day. This 
     increased demand has put additional stress on water supplies 
     and distribution systems, threatening both human health and 
     the environment.
       (2) Thirty-six States are anticipating local, regional, or 
     statewide water shortages by 2013. In addition, climate 
     change related effects are expected to exacerbate already 
     scarce water resources in many areas of the country.
       (3) The Intergovernmental Panel on Climate Change's 2007 
     assessment states that water stored in glaciers and snow 
     cover is projected to decline, reducing water availability to 
     one-sixth of the world's population that relies upon 
     meltwater from major mountain ranges. The Intergovernmental 
     Panel on Climate Change also predicts droughts will become 
     more severe and longer lasting in a number of regions.
       (4) Water conservation should be a national goal and the 
     Environmental Protection Agency should work with 
     nongovernmental partners to achieve that goal. The 
     Environmental Protection Agency should support the research, 
     development, and dissemination of technologies and processes 
     that will achieve greater water use efficiency.
       (5) WaterSense is a voluntary public-private partnership 
     program established by the Environmental Protection Agency to 
     promote water efficiency by helping consumers identify water-
     efficient products and practices. The Environmental 
     Protection Agency estimates that if all United States 
     households installed water-efficient appliances, the country 
     would save more than 3,000,000,000,000 gallons of water and 
     more than $17,000,000,000 per year.
       (6) The WaterSense program has developed a network of 
     partners, and therefore can disseminate the results of 
     research on technologies and processes that achieve greater 
     water use efficiency.

     SEC. 3. RESEARCH PROGRAM.

       (a) In General.--The Assistant Administrator for Research 
     and Development of the Environmental Protection Agency (in 
     this Act referred to as the ``Assistant Administrator'') 
     shall establish a research and development program consistent 
     with the plan developed under section 4 that promotes water 
     use efficiency and conservation, including--
       (1) technologies and processes that enable the collection, 
     storage, treatment, and reuse of rainwater, stormwater, and 
     greywater;
       (2) water storage and distribution systems;
       (3) behavioral, social, and economic barriers to achieving 
     greater water use efficiency; and
       (4) use of watershed planning directed toward water 
     quality, conservation, and supply.
       (b) Considerations.--In planning and implementing the 
     program, the Assistant Administrator shall consider--
       (1) research needs identified by water resource managers, 
     State and local governments, and other interested parties; 
     and
       (2) technologies and processes likely to achieve the 
     greatest increases in water use efficiency and conservation.
       (c) Minority Serving Institutions.--In the execution of 
     this program, the Assistant Administrator may award 
     extramural grants to institutions of higher education and 
     shall encourage participation by Minority Serving 
     Institutions.

     SEC. 4. STRATEGIC RESEARCH PLAN.

       (a) In General.--The Assistant Administrator shall 
     coordinate the development of a strategic research plan (in 
     this Act referred to as the ``plan'') for the water use 
     efficiency and conservation research and development program 
     established in section 3 with all other Environmental 
     Protection Agency research and development strategic plans.
       (b) Plan Contents.--The plan shall--
       (1) outline research goals and priorities for a water use 
     efficiency and conservation research agenda, including--
       (A) developing innovative water supply-enhancing processes 
     and technologies; and
       (B) improving existing processes and technologies, 
     including wastewater treatment, desalinization, and 
     groundwater recharge and recovery schemes;
       (2) identify current Federal research efforts on water that 
     are directed toward meeting the goals of improving water use 
     efficiency, water conservation, or expanding water supply and 
     describe how such efforts are coordinated with the program 
     established in section 3 in order to leverage resources and 
     avoid duplication; and
       (3) consider and utilize, as appropriate, recommendations 
     in reports and studies conducted by Federal agencies, the 
     National Research Council, the National Science and 
     Technology Council, or other entities in the development of 
     the plan.
       (c) Science Advisory Board Review.--The Assistant 
     Administrator shall submit the plan to the Science Advisory 
     Board of the Environmental Protection Agency for review.
       (d) Revision.--The plan shall be revised and amended as 
     needed to reflect current scientific findings and national 
     research priorities.

     SEC. 5. TECHNOLOGY TRANSFER.

       The Assistant Administrator, building on the results of the 
     activities of the program established under section 3, 
     shall--
       (1) facilitate the adoption of technology and processes to 
     promote water use efficiency and conservation; and
       (2) collect and disseminate information, including the 
     establishment of a publicly accessible clearinghouse, on 
     technologies and processes to promote water use efficiency 
     and conservation, including information on--
       (A) incentives and impediments to development and 
     commercialization;
       (B) best practices; and
       (C) anticipated increases in water use efficiency and 
     conservation resulting from the implementation of specific 
     technologies and processes.

     SEC. 6. ADVANCED WATER EFFICIENCY DEVELOPMENT PROJECTS.

       (a) In General.--As part of the program under section 3, 
     the Assistant Administrator shall carry out at least 4 
     projects under which the funding is provided for the 
     incorporation into a building of the latest water use 
     efficiency and conservation technologies and designs. Funding 
     for each project shall be provided only to cover incremental 
     costs of water-use efficiency and conservation technologies.
       (b) Criteria.--Of the 4 projects described in subsection 
     (a), at least 1 shall be for a residential building and at 
     least 1 shall be for a commercial building.
       (c) Public Availability.--The designs of buildings with 
     respect to which funding is provided under subsection (a) 
     shall be made available to the public, and such buildings 
     shall be accessible to the public for tours and educational 
     purposes.

     SEC. 7. REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, and once every 2 years thereafter, the Assistant 
     Administrator shall transmit to Congress a report which 
     details the progress being made by the Environmental 
     Protection Agency with regard to--
       (1) water use efficiency and conservation research projects 
     initiated by the Agency;
       (2) development projects initiated by the Agency;
       (3) outreach and communication activities conducted by the 
     Agency concerning water use efficiency and conservation; and
       (4) development and implementation of the plan.

     SEC. 8. WATER MANAGEMENT STUDY AND REPORT.

       (a) Study.--
       (1) Requirement.--The Administrator of the Environmental 
     Protection Agency shall enter into an arrangement with the 
     National Academy of Sciences to complete a study of low 
     impact and soft path strategies for management of water 
     supply, wastewater, and stormwater.
       (2) Contents.--The study shall--
       (A) examine and compare the state of research, technology 
     development, and emerging practices in other developed and 
     developing countries with those in the United States;
       (B) identify and evaluate relevant system approaches for 
     comprehensive water management, including the 
     interrelationship of water systems with other major systems 
     such as energy and transportation;
       (C) identify priority research and development needs; and
       (D) assess implementation needs and barriers.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall transmit to the Committee on Science 
     and Technology of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the key findings of the study conducted under 
     subsection (a). The report shall evaluate challenges and 
     opportunities and serve as a practical reference for water 
     managers, planners, developers, scientists, engineers, non-
     governmental organizations, Federal agencies, and regulators 
     by recommending innovative and integrated solutions.
       (c) Definitions.--For purposes of this section--
       (1) the term ``low impact'' means a strategy that manages 
     rainfall at the source using uniformly distributed 
     decentralized micro-scale controls to mimic a site's 
     predevelopment hydrology by using design

[[Page H1189]]

     techniques that infiltrate, filter, store, evaporate, and 
     detain runoff close to its source; and
       (2) the term ``soft path'' means a general framework that 
     encompasses--
       (A) increased efficiency of water use;
       (B) integration of water supply, wastewater treatment, and 
     stormwater management systems; and
       (C) protection, restoration, and effective use of the 
     natural capacities of ecosystems to provide clean water.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator of the Environmental 
     Protection Agency for carrying out this section $1,000,000 
     for fiscal year 2010.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Assistant 
     Administrator for carrying out this Act $20,000,000 for each 
     of the fiscal years 2010 through 2014.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Gordon) and the gentleman from Texas (Mr. Hall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. GORDON of Tennessee. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on H.R. 631, the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise today in support of H.R. 631, the Water Use Efficiency and 
Conservation Act, and I would like to thank Congressman Jim Matheson 
for introducing this important legislation. I would also like to thank 
my colleagues on the Science and Technology Committee for their 
unanimous support in making this a good, bipartisan bill.
  Water scarcity is a significant and growing problem in the United 
States and around the world. Americans use an average of 100 gallons of 
water per person each day, which results in a daily water use of 
approximately 26 billion gallons of water.
  This increase demand has put additional stress on water supplies and 
distribution systems, threatening the environment and constraining 
economic activity.
  Imbalances between supply and demand, combined with the degradation 
of ground water and surface water, negatively impact all regions of the 
country and all facets of life.
  The biggest and cheapest source of water to meet our Nation's growing 
water demands is the water currently wasted by inefficient water 
practices.
  Conserving water provides significant cost savings for water and 
wastewater systems. Water efficiency and reuse programs help water 
suppliers avoid, downsize and postpone expensive infrastructure 
projects.
  H.R. 631 establishes a research and development program within the 
Environmental Protection Agency Office of Research and Development to 
promote water-use efficiency and conservation.
  Through this program, EPA will be able to develop and encourage the 
adoption of technologies and processes that will achieve greater water-
use efficiency, thus helping to address the water supply shortages.
  In addition, H.R. 631 directs EPA to disseminate information on 
current water-use efficient technologies and conservation practices. 
Broad dissemination of this information will facilitate wider usage of 
these proven technologies and practices.

                              {time}  1315

  In order to meet the water demands of the 21st century, we need 
innovative solutions to maximize our available resources. Again, I want 
to thank my colleagues on the Science and Technology Committee for 
their bipartisan support and collaboration on this legislation, and I 
urge all Members to support this bill.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  According to the American Water Works Association, an international 
nonprofit scientific and educational organization, daily indoor per 
capita water consumption in a typical single family home is about 70 
gallons. By installing more efficient water fixtures and checking for 
leaks, single family homes can reduce their daily per capita water 
consumption by, we are told, 35 percent.
  Now, while some of these technologies are already on the market and 
being used, many water-saving ideas have not gotten past the research 
phase for lack of a coordinated Federal research program. While the 
Environmental Protection Agency is charged with protecting water 
sources, EPA's research and development program is not comprehensive or 
rationally organized and does not address water efficiency and 
conservation.
  H.R. 631 establishes a research and development program for water 
efficiency technologies and conservation at the EPA. It instructs the 
Assistant Administrator of the Office of Research and Development to 
develop a single coordinated research plan.
  EPA is tasked with using recommendations and existing reports from 
the National Academies and the National Science and Technology Council 
in the development of the plan. The EPA should develop a comprehensive 
strategic research plan for technologies that embodies our national 
priorities, particularly water efficiency and water conservation.
  Mr. Speaker, at a time when our Nation is facing water shortages, we 
just can't afford to fall behind on technological research and 
development. We need to invest resources so that we can better manage 
water shortages in the future. I urge all of my colleagues to support 
H.R. 631.
  I reserve the balance of my time.
  Mr. GORDON of Tennessee. I yield myself 1 minute.
  Mr. Speaker, Chairman Oberstar of the Transportation and 
Infrastructure Committee has worked cooperatively with us on this 
legislation, and I would like to ask that an exchange of letters 
between us regarding H.R. 631 be placed in the Record.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                Washington, DC, February 11, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Washington, DC.
       Dear Chairman Gordon:  I write to you regarding H.R. 631, 
     the ``Water Use Efficiency and Conservation Research Act.'' 
     This legislation authorizes the Environmental Protection 
     Agency to establish a research and development program to 
     promote water use efficiency and conservation technologies 
     and practices.
       H.R. 631 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forego a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over H.R. 631.
       Further, the Committee on Transportation and Infrastructure 
     reserves the right to seek the appointment of conferees 
     during any House-Senate conference convened on this 
     legislation on provisions of the bill that are within the 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Committee on Transportation and 
     Infrastructure for the appointment of conferees on H.R. 631 
     or similar legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Congressional 
     Record during consideration of the measure on the House 
     Floor.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
     Chairman.
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                                Washington, DC, February 11, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: Thank you for your February 11, 
     2009 letter regarding H.R. 631, the Water Use Efficiency and 
     Conservation Research Act. Your support for this legislation 
     and your assistance in ensuring its timely consideration are 
     greatly appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Transportation and 
     Infrastructure. I acknowledge that by forgoing a sequential 
     referral, your Committee is not relinquishing its 
     jurisdiction and I will fully support your

[[Page H1190]]

     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Transportation 
     and Infrastructure has jurisdiction in H.R. 631. A copy of 
     our letters will be placed in the Congressional Record during 
     consideration of the bill on the House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 2 minutes to the gentleman 
from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, the bill before us calls for the 
efficient use of water, and I think that is a very, very good goal. One 
place that water is not being efficiently used by the environmental 
community is in my district back in California. Due to drought 
conditions and the abuse of the Endangered Species Act, which is 
placing the needs of fish over the needs of farmers, the agriculture 
economy in our region stands to lose over 40,000 jobs and over $1 
billion in revenue.
  Considering the bleak outlook for California's economy, one would 
think that this so-called economic stimulus legislation might do 
something to address this problem. Further, one might also think that 
if there was a way to address this problem without spending one dime of 
the taxpayers' money, this stimulus plan would include that option.
  In fact, there is a way to save those 40,000 jobs in my district, and 
billions of dollars in lost income, at no cost. Just temporarily 
suspend the Endangered Species Act as it applies to the pumps in the 
Sacramento San Joaquin Delta Pumps.
  But does this stimulus plan include that proposal? Of course not. 
Because the stimulus plan is not stimulus at all--it is a big spending 
bill of gigantic proportions. Heaven forbid that our friends on the 
other side of the aisle would try to save jobs without spending money.
  Instead, we are spending money: $4 billion per year on the voter 
fraud organization called ACORN. How can this be considered stimulus? 
Instead, we are going to spend barely 1 day passing a trillion-dollar 
stimulus bill that spends nearly $300 million to purchase golf carts. 
Maybe the majority feels that the country club community are the people 
who are really hurting right now.
  This bill only sends our country and our children deeper and deeper 
in debt, and the special interest spending contained within it are not 
in America's best interest. Please join me in voting ``no'' on this 
bill.
  Mr. GORDON of Tennessee. I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from Nebraska (Mr. Terry).
  Mr. TERRY. Water infrastructure is important. And certainly I see in 
the stimulus bill, at least the version that the House passed, that 
there will be investment in that infrastructure. And I think it's 
probably a good thing, although there's a budgetary process, an 
appropriation process, an authorization process, called WRDA, where the 
same thing could be done, and in an appropriate way where we can have 
appropriate discussions on that merit.
  What I have learned today during the 15-minute break I had to eat 
lunch is that there is now a deal that has been reached between the 
Speaker's office and the majority leader of the Senate's office on the 
stimulus bill--the conference.
  We always knew or anticipated that the whole process was just going 
to be rammed down the throats of the Members of Congress and that, in 
all likelihood, the conference was going to be the Speaker's office and 
Harry Reid, the Senate majority leader's office.
  Yesterday, they came out and said, We are going to have a conference. 
Even called our majority leader and said we are actually going to let 
two Republicans on the conference committee. Of course, none have been 
appointed. And, evidently, the deal has already been sealed, and now 
there's going to be some faux meeting, probably just for the television 
cameras to come out and display how great this process is, when the 
reality is not one opportunity has been given to the Republicans to be 
part of this process to talk about a stimulus plan that, yes, is 
different than the Pelosi-Reid-Obama stimulus plan that was put before 
this House and in a slightly different version in the Senate.
  I think that we should be afforded the opportunity to at least 
discuss the merits of our stimulus plan that is different, is 
philosophically different, because what we say is instead of growing 
government and programs, we want to stimulate the growth of business, 
particularly small businesses. And so we have got a laundry list of tax 
breaks or relief and regulatory relief that would be focused on small 
businesses so they cannot only retain their employees but, hopefully, 
even grow.
  Several economists have looked at our plan in comparison to the 
Pelosi-Reid-Obama-endorsed plan.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. HALL of Texas. I yield the gentleman 1 additional minute.
  Mr. TERRY. Thank you.
  And those economists have said, when they have compared the two 
bills, the Republican one and the one that we are going to have rammed 
down our throats in the next day or two, if they give it 48 hours from 
now, that ours will be half the cost to the taxpayers, but yet create a 
million and a half new private sector jobs. Yet, we haven't even had 
the opportunity to have an open debate about which plan is better, even 
though we were promised that earlier.
  So, what we are left with is to rifle through a monstrous bill where 
we have uncovered money being funded to ACORN, door-to-door activities 
to find the 1.2 million people in the United States who evidently 
haven't bought their DTV converter box--$650 million for that--and a 
health committee that is going to second-guess physicians. We need the 
opportunity to be heard and to show sunlight on this process.
  Mr. GORDON of Tennessee. Mr. Speaker, I yield myself 30 seconds.
  I want to give some comfort to my friend from Nebraska. The 
Republicans did have an opportunity to offer a substitute, which they 
did, on the floor, when the original bill came up, and it was rejected 
on a bipartisan vote. So I just want to bring that up.
  I reserve the balance of my time.
  Mr. HALL of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from South Carolina (Mr. Inglis).
  Mr. INGLIS. I thank the gentleman for yielding.
  Back to the nanotechnology bill for a moment. This bill is a good 
bill, and I wanted to congratulate the chairman, Mr. Gordon, for 
something that he said earlier in this debate about the need to help 
the public understand new technology.
  Of course, use the example of nuclear power. In South Carolina, we 
use nuclear power very effectively. It does take some education to get 
people comfortable with the concept. The same with nanotechnology. An 
important part of this bill, I think, is enabling the public to begin 
to understand nanotechnology--all of us to understand nanotechnology.
  It's a little bit difficult. But, as we do, we get more comfortable 
with it, the uses of the technology, the safe uses of that technology 
will benefit us and will drive, hopefully, an increase in productivity 
within our economy.
  And that brings me, of course, to the other discussion that is going 
on here today about how to get the economy going. What is the best way 
to accomplish this sort of thing long term?
  In this nanotechnology bill we are taking good steps that the House 
is wise to take. In the stimulus package I wish we were doing the same 
sort of things. I wish that we were setting up a trajectory forward 
where we are going to have higher productivity out of this economic 
downturn. The risk that we have got is what we are going to do is 
simply spend some money that we borrow, which means that we pile on the 
debt, and the result is that we don't really get the growth we are 
looking for because the growth will be eaten up in inflation and 
perhaps a risk of hyperinflation once this debt really comes to be 
digested by our economy.
  So, the hope that I have is that we could actually come up with the 
same sort of approach we are using here in this nanotechnology bill, a 
collaborative approach, where we have Republicans and Democrats working 
together to accomplish something good for the long-term benefit of our 
economy and our country.

[[Page H1191]]

  In the case of the stimulus, what we have is not that process. We 
have sort of the opposite, where this basically compromise, which is a 
zero sum game, as opposed to collaboration, which uses the strengths of 
both parties to come together and solve problems that America faces.
  So, it's with excitement that I vote for the nanotechnology bill. 
It's with real disappointment that I vote against the stimulus package.
  I thank the gentleman for yielding.
  Mr. HALL of Texas. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. GORDON of Tennessee. Mr. Speaker, I urge passage of this 
bipartisan bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Gordon) that the House suspend the rules 
and pass the bill, H.R. 631.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________