[Congressional Record Volume 157, Number 149 (Thursday, October 6, 2011)]
[Senate]
[Pages S6338-S6339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mrs. Boxer, and Mr. Reid):
  S. 1669. A bill to authorize the Administrator of the Environmental 
Protection Agency to establish a program of awarding grants to owners 
or operators of water systems to increase the resiliency or 
adaptability of the systems to any ongoing or forecasted changes to the 
hydrologic conditions of a region of the United States; to the 
Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, today I am proud to introduce the Water 
Infrastructure Resiliency and Sustainability Act of 2011 along with my 
colleagues, Majority Leader Reid and Senator Boxer. This legislation 
will allow local communities to improve their water infrastructure in 
the face of changing hydrological conditions.
  Improving our water infrastructure is a major challenge to my 
constituents living in Maryland and to all Americans. It is no secret 
that America's current water infrastructure systems are in poor 
condition. Our water and wastewater systems have been given a D-, the 
lowest possible grade. In the United States, close to 250,000 water 
mains wasting 1.7 trillion gallons of water break each year.
  Unfortunately, Marylanders have experienced this crisis first hand. 
In July of this year, a water main break in Cumberland, Maryland, 
caused close to $300,000 in damage to a local, family-owned business. 
Last January, a Prince George's County water main break shut down a 
portion of the Capital Beltway, closed local businesses and schools, 
and required 400,000 residents to boil their drinking water to ensure 
its safety.
  The EPA has estimated that traditional necessary repairs and 
replacement costs over the next twenty years will cost over $600 
billion.
  We, as a Congress, have stepped up in the past to assist communities 
in fixing aging water infrastructure systems. The Safe Water Drinking 
Act Amendments of 1996 established the Drinking Water State Revolving 
Fund. The fund helps public water systems finance infrastructure 
projects needed to comply with Federal safe drinking water regulations.
  But we need to do more. EPA Administrator Lisa Jackson told Congress 
that adapting to changing hydrological conditions is a ``significant 
issue'' that water and waste water systems must address soon. These 
hydrological changes will likely result in ``too little water in some 
places, too much water in other places, and degraded water quality'' in 
other areas across the country.
  According to a recent study by the National Association of Clean 
Water Agencies and the Association of Metropolitan Water Agencies, the 
costs in dealing with this new recognized problem could approach $1 
trillion through 2050.
  The Water Infrastructure Resiliency and Sustainability Act aims to 
help local communities meet the challenges of upgrading water 
infrastructure systems to meet these hydrological changes. The bill 
directs the EPA to establish a Water Infrastructure Resiliency and 
Sustainability, WIRS, program. Grants will be awarded to eligible water 
systems to make the necessary upgrades. Communities across the country 
will be able to compete for federal matching funds, funds which in turn 
will help finance projects to help communities overcome these threats.
  Improving water conservation, adjustments to current infrastructure 
systems, and funding programs to stabilize communities' existing water 
supply are all projects WIRS grants will fund. WIRS will never grant 
more than 50 percent of any project's cost, ensuring cooperation 
between local communities and the federal government. The EPA will try 
to award funds that use new and innovative ideas as often as possible.
  A healthy water infrastructure is as important to America's economy 
as paved roads and sturdy bridges. Water and wastewater investment has 
been shown to spur economic growth. The U.S. Conference of Mayors has 
found that for every dollar invested in water infrastructure, the Gross 
Domestic Product is increased to more than $6. The Department of 
Commerce has found that that same dollar yields close to $3 worth of 
economic output in other industries. Every job created in local water 
and sewer industries creates close to four jobs elsewhere in the 
national economy.
  This legislation would create jobs throughout the economy today, 
while helping water and wastewater systems make improvements to keep 
water clean and safe for tomorrow. I believe that by investing in water 
infrastructure, we can make progress for the American people on both 
jobs and clean, safe water.
  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. 1669

       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 Infrastructure 
     Resiliency and Sustainability Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Hydrologic condition.--The term ``hydrologic 
     condition'' means the quality, quantity, or reliability of 
     the water resources of a region of the United States.
       (3) Owner or operator of a water system.--
       (A) In general.--The term ``owner or operator of a water 
     system'' means an entity (including a regional, State, 
     tribal, local, municipal, or private entity) that owns or 
     operates a water system.
       (B) Inclusions.--The term ``owner or operator of a water 
     system'' includes--
       (i) a non-Federal entity that has operational 
     responsibilities for a federally-, tribally-, or State-owned 
     water system; and
       (ii) an entity established by an agreement between--

       (I) an entity that owns or operates a water system; and
       (II) at least 1 other entity.

       (4) 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 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 (as such 
     term is used in that Act (33 U.S.C. 1251 et seq.));
       (C) a decentralized wastewater treatment system for 
     domestic sewage;
       (D) a groundwater storage and replenishment system;
       (E) a system for transport and delivery of water for 
     irrigation or conservation; or
       (F) a natural or engineered system that manages floodwater.

     SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY.

       (a) Program.--The Administrator shall establish and 
     implement a program, to be known as the ``Water 
     Infrastructure Resiliency and Sustainability Program'', under 
     which the Administrator shall award grants for each of fiscal 
     years 2012 through 2016 to owners or operators of water 
     systems for the purpose of increasing the resiliency or 
     adaptability of the water systems to any ongoing or 
     forecasted changes (based on the best available research and 
     data) to the hydrologic conditions of a region of the United 
     States.
       (b) Use of Funds.--As a condition on receipt of a grant 
     under this Act, an owner or operator of a water system shall 
     agree to use the grant funds exclusively to assist in the 
     planning, design, construction, implementation, operation, or 
     maintenance of a program or project that meets the purpose 
     described in subsection (a) by--
       (1) conserving water or enhancing water use efficiency, 
     including through the use of water metering and electronic 
     sensing and control systems to measure the effectiveness of a 
     water efficiency program;
       (2) modifying or relocating existing water system 
     infrastructure made or projected to

[[Page S6339]]

     be significantly impaired by changing hydrologic conditions;
       (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 to serve existing communities;
       (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 and water banking), or water demand management 
     technologies, projects, or processes (such as water reuse and 
     recycling, adaptive conservation pricing, and groundwater 
     banking) 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 that is being 
     used for agricultural production to improve water supply, 
     reliability, storage, or conveyance in a manner that--
       (A) promotes conservation or improves the efficiency of use 
     of available water supplies; and
       (B) does not further exacerbate stresses on ecosystems or 
     cause redirected impacts by degrading water quality or 
     increasing net greenhouse gas emissions;
       (9) supporting practices and projects, such as improved 
     irrigation systems, water banking and other forms of water 
     transactions, groundwater recharge, stormwater capture, 
     groundwater conjunctive use, and reuse or recycling of 
     drainage water, to improve water quality or promote more 
     efficient water use on land that is being used for 
     agricultural production;
       (10) reducing flood damage, risk, and vulnerability by--
       (A) restoring floodplains, wetland, and upland integral to 
     flood management, protection, prevention, and response;
       (B) modifying levees, floodwalls, and other structures 
     through setbacks, notches, gates, removal, or similar means 
     to facilitate reconnection of rivers to floodplains, reduce 
     flood stage height, and reduce damage to properties and 
     populations;
       (C) providing for acquisition and easement of flood-prone 
     land and properties in order to reduce damage to property and 
     risk to populations; or
       (D) promoting land use planning that prevents future 
     floodplain development;
       (11) conducting and completing studies or assessments to 
     project how changing hydrologic conditions may impact the 
     future operations and sustainability of water systems; or
       (12) developing and implementing measures to increase the 
     resilience of water systems and regional and hydrological 
     basins, including the Colorado River Basin, to rapid 
     hydrologic change or a natural disaster (such as tsunami, 
     earthquake, flood, or volcanic eruption).
       (c) Application.--To seek a grant under this Act, the owner 
     or operator of a water system shall submit to the 
     Administrator an application that--
       (1) includes a proposal for the program, strategy, or 
     infrastructure improvement to be planned, designed, 
     constructed, implemented, or maintained by the water system;
       (2) provides the best available research or data that 
     demonstrate--
       (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 of a region, including rising sea 
     levels and changes in precipitation patterns; and
       (B) the manner in which the proposed program, strategy, or 
     infrastructure improvement would perform under the 
     anticipated hydrologic conditions;
       (3) describes the manner in which the proposed program, 
     strategy, or infrastructure improvement is expected--
       (A) to enhance the resiliency of the water system, 
     including source water protection for community water 
     systems, to the anticipated hydrologic conditions; or
       (B) to increase efficiency in the use of energy or water of 
     the water system; and
       (4) describes the manner in which the proposed program, 
     strategy, or infrastructure improvement is consistent with an 
     applicable State, tribal, or local climate adaptation plan, 
     if any.
       (d) Priority.--
       (1) Water systems at greatest and most immediate risk.--In 
     selecting grantees under this Act, subject to section 4(b), 
     the Administrator shall give priority to 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 negative impacts due to changing 
     hydrologic conditions.
       (2) Goals.--In selecting among applicants described in 
     paragraph (1), the Administrator shall ensure that, to the 
     maximum extent practicable, the final list of applications 
     funded for each year includes a substantial number that 
     propose to use innovative approaches to meet 1 or more of the 
     following goals:
       (A) Promoting more efficient water use, water conservation, 
     water reuse, or recycling.
       (B) Using decentralized, low-impact development 
     technologies and nonstructural approaches, including 
     practices that use, enhance, or mimic the natural 
     hydrological cycle or protect natural flows.
       (C) Reducing stormwater runoff or flooding by protecting or 
     enhancing natural ecosystem functions.
       (D) Modifying, upgrading, enhancing, or replacing existing 
     water system infrastructure in response to changing 
     hydrologic conditions.
       (E) Improving water quality or quantity for agricultural 
     and municipal uses, including through salinity reduction.
       (F) Providing multiple benefits, including to water supply 
     enhancement or demand reduction, water quality protection or 
     improvement, increased flood protection, and ecosystem 
     protection or improvement.
       (e) Cost-sharing Requirement.--
       (1) Federal share.--The share of the cost of any program, 
     strategy, or infrastructure improvement that is the subject 
     of a grant awarded by the Administrator to the owner or 
     operator of a water system under subsection (a) paid through 
     funds distributed under this Act shall not exceed 50 percent 
     of the cost of the program, strategy, or 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 in an 
     application submitted under subsection (c), 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, including reasonable 
     administrative and overhead costs; and
       (B) not include any other amount that the water system 
     involved receives from the Federal Government.
       (f) 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 Congress a report that--
       (1) describes the progress in implementing this Act; and
       (2) includes information on project applications received 
     and funded annually under this Act.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $50,000,000 for each of fiscal years 2012 
     through 2016.
       (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of 
     the amount made available to carry out this Act for a fiscal 
     year, not more than 20 percent may be made available to 
     grantees for activities described in subsection (b)(10).
                                 ______