[Congressional Record Volume 155, Number 136 (Thursday, September 24, 2009)]
[Senate]
[Pages S9845-S9848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mrs. Boxer, and Mr. Cardin):
  S. 1712. A bill to promote water efficiency, conservation, and 
adaptation, and for other purposes; to the Committee on Environment and 
Public Works.

[[Page S9846]]

  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1712

       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 Adaptation Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1)(A) human-induced climate change is affecting the 
     natural water cycle, decreasing precipitation levels in the 
     West, especially the Southwest, and making droughts and 
     floods more frequent and more intense;
       (B) declining precipitation levels will severely impact 
     water supplies in Southwestern States; and
       (C) a sharp increase in the number of days with very heavy 
     precipitation throughout the Northeast and the Midwest will 
     stress aging water infrastructure;
       (2) changes in the water cycle caused by climate 
     disruptions will adversely affect water infrastructure, 
     energy production and use, human health, transportation, 
     agriculture, and ecosystems, while also aggravating water 
     disputes across the United States;
       (3)(A) the Colorado River, which supplies water for over 
     30,000,000 people, is experiencing the worst drought in over 
     100 years of recordkeeping; and
       (B) the primary reservoirs of the Colorado River Basin and 
     Lakes Mead and Powell have lost nearly half of the storage 
     waters of the reservoirs and Lakes, and clean hydropower 
     generated from Hoover Dam risks reduction if the extended 
     drought persists;
       (4) States and local governments and water utilities can 
     begin to address the challenges described in this section by 
     providing incentives for water efficiency and conservation, 
     while also planning and investing in infrastructure to adapt 
     to the impacts of climate change, particularly those impacts 
     already affecting the United States;
       (5) residential water demand can be reduced by 25 to 40 
     percent using existing, cost-effective technologies that also 
     can reduce the water bills of consumers by hundreds of 
     dollars per year; and
       (6) water and energy use are inseparable activities, and 
     supplying and treating water consumes around 4 percent of the 
     electricity of the United States, and electricity makes up 75 
     percent of the cost of processing and delivering municipal 
     water.

     SEC. 3. DEFINITION OF ADMINISTRATOR.

       In this Act, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

     SEC. 4. WATERSENSE.

       (a) In General.--There is established within the 
     Environmental Protection Agency a WaterSense program to 
     identify and promote water efficient products, buildings, 
     landscapes, facilities, processes, and services so as--
       (1) to reduce water use;
       (2) to reduce the strain on water, wastewater, and 
     stormwater infrastructure;
       (3) to conserve energy used to pump, heat, transport, and 
     treat water; and
       (4) to preserve water resources for future generations, 
     through voluntary labeling of, or other forms of 
     communications about, products, buildings, landscapes, 
     facilities, processes, and services that meet the highest 
     water efficiency and performance criteria.
       (b) Duties.--The Administrator shall--
       (1) establish--
       (A) a WaterSense label to be used for certain items; and
       (B) the procedure by which an item may be certified to 
     display the WaterSense label;
       (2) promote WaterSense-labeled products, buildings, 
     landscapes, facilities, processes, and services in the market 
     place as the preferred technologies and services for--
       (A) reducing water use; and
       (B) ensuring product and service performance;
       (3) work to enhance public awareness of the WaterSense 
     label through public outreach, education, and other means;
       (4) preserve the integrity of the WaterSense label by--
       (A) establishing and maintaining performance criteria so 
     that products, buildings, landscapes, facilities, processes, 
     and services labeled with the WaterSense label perform as 
     well or better than less water-efficient counterparts;
       (B) overseeing WaterSense certifications made by third 
     parties;
       (C) conducting reviews of the use of the WaterSense label 
     in the marketplace and taking corrective action in any case 
     in which misuse of the label is identified; and
       (D) carrying out such other measures as the Administrator 
     determines to be appropriate;
       (5) regularly review and, if appropriate, update WaterSense 
     criteria for categories of products, buildings, landscapes, 
     facilities, processes, and services, at least once every 4 
     years;
       (6) to the maximum extent practicable, regularly estimate 
     and make available to the public the production and relative 
     market shares of, and the savings of water, energy, and 
     capital costs of water, wastewater, and stormwater 
     infrastructure attributable to the use of WaterSense-labeled 
     products, buildings, landscapes, facilities, processes, and 
     services, at least annually;
       (7) solicit comments from interested parties and the public 
     prior to establishing or revising a WaterSense category, 
     specification, installation criterion, or other criterion (or 
     prior to effective dates for any such category, 
     specification, installation criterion, or other criterion);
       (8) provide reasonable notice to interested parties and the 
     public of any changes (including effective dates), on the 
     adoption of a new or revised category, specification, 
     installation criterion, or other criterion, along with--
       (A) an explanation of the changes; and
       (B) as appropriate, responses to comments submitted by 
     interested parties and the public;
       (9) provide appropriate lead time (as determined by the 
     Administrator) prior to the applicable effective date for a 
     new or significant revision to a category, specification, 
     installation criterion, or other criterion, taking into 
     account the timing requirements of the manufacturing, 
     marketing, training, and distribution process for the 
     specific product, building and landscape, or service category 
     addressed;
       (10) identify and, if appropriate, implement other 
     voluntary approaches in commercial, institutional, 
     residential, industrial, and municipal sectors to encourage 
     recycling and reuse technologies to improve water efficiency 
     or lower water use; and
       (11) if appropriate, apply the WaterSense label to water-
     using products that are labeled by the Energy Star program 
     implemented by the Administrator and the Secretary of Energy.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $7,500,000 for fiscal year 2010;
       (2) $10,000,000 for fiscal year 2011;
       (3) $20,000,000 for fiscal year 2012;
       (4) $50,000,000 for fiscal year 2013; and
       (5) for each subsequent fiscal year, the applicable amount 
     during the preceding fiscal year, as adjusted to reflect 
     changes for the 12-month period ending the preceding November 
     30 in the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.

     SEC. 5. STATE RESIDENTIAL WATER EFFICIENCY AND CONSERVATION 
                   INCENTIVES PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means a 
     State government, local or county government, tribal 
     government, wastewater or sewerage utility, municipal water 
     authority, energy utility, water utility, or nonprofit 
     organization that meets the requirements of subsection (b).
       (2) Incentive program.--The term ``incentive program'' 
     means a program for administering financial incentives for 
     consumer purchase and installation of water-efficient 
     products, buildings (including new water-efficient homes), 
     landscapes, processes, or services described in subsection 
     (b)(1).
       (3) Residential water-efficient product, building, 
     landscape, process, or service.--
       (A) In general.--The term ``residential water-efficient 
     product, building, landscape, process, or service'' means a 
     product, building, landscape, process, or service for a 
     residence or its landscape that is rated for water efficiency 
     and performance--
       (i) by the WaterSense program; or
       (ii) if a WaterSense specification does not exist, by the 
     Energy Star program or an incentive program approved by the 
     Administrator.
       (B) Inclusions.--The term ``residential water-efficient 
     product, building, landscape, process, or service'' 
     includes--
       (i) faucets;
       (ii) irrigation technologies and services;
       (iii) point-of-use water treatment devices;
       (iv) reuse and recycling technologies;
       (v) toilets;
       (vi) clothes washers;
       (vii) dishwashers;
       (viii) showerheads;
       (ix) xeriscaping and other landscape conversions that 
     replace irrigated turf; and
       (x) new water efficient homes certified under the 
     WaterSense program.
       (4) Watersense program.--The term ``WaterSense program'' 
     means the program established by section 4.
       (b) Eligible Entities.--An entity shall be eligible to 
     receive an allocation under subsection (c) if the entity--
       (1) establishes (or has established) an incentive program 
     to provide financial incentives to residential consumers for 
     the purchase of residential water-efficient products, 
     buildings, landscapes, processes, or services;
       (2) submits an application for the allocation at such time, 
     in such form, and containing such information as the 
     Administrator may require; and
       (3) provides assurances satisfactory to the Administrator 
     that the entity will use the allocation to supplement, but 
     not supplant, funds made available to carry out the incentive 
     program.
       (c) Amount of Allocations.--For each fiscal year, the 
     Administrator shall determine the amount to allocate to each 
     eligible entity to carry out subsection (d), taking into 
     consideration--
       (1) the population served by the eligible entity during the 
     most recent calendar year for which data are available;

[[Page S9847]]

       (2) the targeted population of the incentive program of the 
     eligible entity, such as general households, low-income 
     households, or first-time homeowners, and the probable 
     effectiveness of the incentive program for that population;
       (3) for existing programs, the effectiveness of the program 
     in encouraging the adoption of water-efficient products, 
     buildings, landscapes, facilities, processes, and services;
       (4) any allocation to the eligible entity for a preceding 
     fiscal year that remains unused and
       (5) the per capita water demand of the population served by 
     the eligible entity during the most recent calendar year for 
     which data are available and the accessibility of water 
     supplies to the eligible entity.
       (d) Use of Allocated Funds.--Funds allocated to an eligible 
     entity under subsection (c) may be used to pay up to 50 
     percent of the cost of establishing and carrying out an 
     incentive program.
       (e) Fixture Recycling.--Eligible entities are encouraged to 
     promote or implement fixture recycling programs to manage the 
     disposal of older fixtures replaced due to the incentive 
     program under this section.
       (f) Issuance of Incentives.--
       (1) In general.--Financial incentives may be provided to 
     residential consumers that meet the requirements of the 
     applicable incentive program.
       (2) Manner of issuance.--An eligible entity may--
       (A) issue all financial incentives directly to residential 
     consumers; or
       (B) with approval of the Administrator, delegate all or 
     part of financial incentive administration to other 
     organizations, including local governments, municipal water 
     authorities, water utilities, and nonprofit organizations.
       (3) Amount.--The amount of a financial incentive shall be 
     determined by the eligible entity, taking into 
     consideration--
       (A) the amount of any Federal or State tax incentive 
     available for the purchase of the residential water-efficient 
     product or service;
       (B) the amount necessary to change consumer behavior to 
     purchase water-efficient products and services; and
       (C) the consumer expenditures for onsite preparation, 
     assembly, and original installation of the product.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) $100,000,000 for fiscal year 2010;
       (2) $150,000,000 for fiscal year 2011;
       (3) $200,000,000 for fiscal year 2012;
       (4) $150,000,000 for fiscal year 2013;
       (5) $100,000,000 for fiscal year 2014; and
       (6) for each subsequent fiscal year, the applicable amount 
     during the preceding fiscal year, as adjusted to reflect 
     changes for the 12-month period ending the preceding November 
     30 in the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics of the Department 
     of Labor.

     SEC. 6. BLUE BANK FOR WATER SYSTEM MITIGATION AND ADAPTATION.

       (a) Definitions.--In this section:
       (1) Abrupt climate change.--The term ``abrupt climate 
     change'' means a large-scale change in the climate system 
     that--
       (A) takes place over a few decades or less;
       (B) persists (or is anticipated to persist) for at least a 
     few decades; and
       (C) causes substantial disruptions in human and natural 
     systems.
       (2) Owner or operator.--
       (A) In general.--The term ``owner or operator'' means a 
     person (including a regional, State, local, municipal, or 
     private entity) that owns or operates a water system.
       (B) Inclusion.--The term ``owner or operator'' includes a 
     non-Federal entity that has operational responsibilities for 
     a federally owned water system.
       (3) Water system.--The term ``water system'' means--
       (A) a community water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f));
       (B) a publicly owned treatment works (as defined in section 
     212 of the Federal Water Pollution Control Act (33 U.S.C. 
     1292)), including a municipal separate storm sewer system;
       (C) a decentralized wastewater treatment system for 
     domestic sewage;
       (D) a groundwater storage and replenishment system; or
       (E) a system for transport and delivery of water for 
     irrigation or conservation.
       (b) Grants.--Beginning in fiscal year 2010, the 
     Administrator shall make grants to owners or operators of 
     water systems to address any ongoing or forecasted (based on 
     the best available research and data) climate-related impact 
     on the water quality or quantity of a region of the United 
     States, for the purposes of mitigating or adapting to the 
     impacts of climate change.
       (c) Eligible Uses.--In carrying out this section, the 
     Administrator shall make grants to assist in the planning, 
     design, construction, implementation, or maintenance of any 
     program or project to increase the resilience of a water 
     system to climate change by--
       (1) conserving water or enhancing water use efficiency, 
     including through the use of water metering to measure the 
     effectiveness of a water efficiency program;
       (2) modifying or relocating existing water system 
     infrastructure made or projected to be made inoperable by 
     climate change impacts;
       (3) preserving or improving water quality, including 
     through measures to manage, reduce, treat, or reuse municipal 
     stormwater, wastewater, or drinking water;
       (4) investigating, designing, or constructing groundwater 
     remediation, recycled water, or desalination facilities or 
     systems;
       (5) enhancing water management by increasing watershed 
     preservation and protection, such as through the use of 
     natural or engineered green infrastructure in the management, 
     conveyance, or treatment of water, wastewater, or stormwater;
       (6) enhancing energy efficiency or the use and generation 
     of renewable energy in the management, conveyance, or 
     treatment of water, wastewater, or stormwater;
       (7) supporting the adoption and use of advanced water 
     treatment, water supply management (such as reservoir 
     reoperation), or water demand management technologies, 
     projects, or processes (such as water reuse and recycling or 
     adaptive conservation pricing) that maintain or increase 
     water supply or improve water quality;
       (8) modifying or replacing existing systems or constructing 
     new systems for existing communities or land currently in 
     agricultural production to improve water availability, 
     storage, or conveyance in a manner that--
       (A) promotes more efficient use of available water 
     supplies; and
       (B) does not further exacerbate stresses on ecosystems;
       (9) supporting practices and projects, such as improved 
     irrigation systems, water banking and other forms of water 
     transactions, groundwater recharge, stormwater capture, and 
     reuse or recycling of drainage water, to improve water 
     quality or promote more efficient water use, including on 
     land currently in agricultural production;
       (10) conducting and completing studies or assessments to 
     project how climate change may impact the future operations 
     and sustainability of water systems; or
       (11) developing and implementing mitigation measures to 
     rapidly address impacts on water systems most susceptible to 
     abrupt climate change, including those in the Colorado River 
     Basin and coastal regions at risk from rising sea levels.
       (d) Application.--To be eligible to receive a grant from 
     the Administrator under subsection (b), the owner or operator 
     of a water system shall submit to the Administrator an 
     application that--
       (1) includes a proposal of the program, strategy, or 
     infrastructure improvement to be planned, designed, 
     constructed, implemented, or maintained by the water system;
       (2) cites the best available research or data that 
     demonstrates--
       (A) the risk to the water resources or infrastructure of 
     the water system as a result of ongoing or forecasted changes 
     to the hydrological system brought about by factors arising 
     from climate change, including rising sea levels and changes 
     in precipitation levels; and
       (B) how the proposed program, strategy, or infrastructure 
     improvement would perform under the anticipated climate 
     conditions;
       (3) explains how the proposed program, strategy, or 
     infrastructure improvement is expected to enhance the 
     resiliency of the water system, including source water 
     protection for community water systems, to these risks or 
     reduce the direct or indirect greenhouse gas emissions of the 
     water system; and
       (4) demonstrates that the program, strategy, or 
     infrastructure improvement is--
       (A) consistent with any approved State and tribal climate 
     adaptation plan; and
       (B) not inconsistent with any approved natural resources 
     plan.
       (e) Competitive Process.--
       (1) In general.--Each calendar year, the Administrator 
     shall conduct a competitive process to select and fund 
     applications under this section.
       (2) Priority requirements and weighting.--In carrying out 
     the process, the Administrator shall--
       (A) prioritize funding of applications that are submitted 
     by the owners or operators of water systems that are, based 
     on the best available research and data, at the greatest and 
     most immediate risk of facing significant climate-related 
     negative impacts on water quality or quantity;
       (B) in selecting among the priority applications determined 
     under subparagraph (A), ensure that the final list of 
     applications funded for each year includes a substantial 
     number that, to the maximum extent practicable, includes each 
     eligible use described in subsection (c);
       (C) solicit applications from water systems that are--
       (i) located in all regions of the United States; and
       (ii) facing varying risks as a result of climate change; 
     and
       (D) provide for solicitation and consideration of public 
     input in the development of criteria used in evaluating 
     applications.
       (f) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of any 
     program, strategy, or infrastructure improvement that is the 
     subject of a grant awarded by the Administrator to a water 
     system under subsection (b) shall not exceed 50 percent of 
     the cost of the program, strategy, and infrastructure 
     improvement.
       (2) Calculation of non-federal share.--In calculating the 
     non-Federal share of the cost of a program, strategy, or 
     infrastructure improvement proposed by a water system through 
     an application submitted by the

[[Page S9848]]

     water system under subsection (d), the Administrator shall--
       (A) include the value of any in-kind services that are 
     integral to the completion of the program, strategy, or 
     infrastructure improvement, as determined by the 
     Administrator; and
       (B) not include any other amount that the water system 
     receives from a Federal agency.
       (g) Labor Standards.--
       (1) In general.--All laborers and mechanics employed on 
     infrastructure improvements funded directly by or assisted in 
     whole or in part by this section shall be paid wages at rates 
     not less than those prevailing for the same type of work on 
     similar construction in the immediate locality, as determined 
     by the Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of part A of subtitle II of title 40, United 
     States Code.
       (2) Authority and functions.--With respect to the labor 
     standards in this subsection, the Secretary of Labor shall 
     have the authority and functions set forth in Reorganization 
     Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.
       (h) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall promulgate 
     final regulations to carry out this section.
       (2) Special rule for the construction of treatment works.--
     In carrying out this subsection, the Administrator shall 
     incorporate all relevant and appropriate requirements of 
     title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) applicable to the construction of 
     treatment works that are carried out under this section.
       (i) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, and every 3 years thereafter, 
     the Administrator shall submit to the Congress a report on 
     progress in implementing this section, including information 
     on project applications received and funded annually.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.
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