[Congressional Record Volume 161, Number 44 (Monday, March 16, 2015)]
[Senate]
[Pages S1530-S1531]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself, Mrs. Boxer, and Mr. Reid):
  S. 741. 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, I come to the floor today to introduce the 
Water Infrastructure Resiliency and Sustainability Act with colleagues 
the Democratic Leader and the Ranking Member of the Senate Environment 
and Public Works Committee. The condition of our water infrastructure 
is in a state of crisis that is only exacerbated by the effects of 
climate change. The longer we ignore the problem, the more it costs us. 
The truth is that we are in a crisis that can be averted. There is no 
need to lose revenue from disrupted business and flooded streets. Our 
water infrastructure may be buried and out of sight and out of mind; 
but today we must elevate these systems to the priority level they 
deserve.
  Each year within my home State of Maryland I witness stark reminders 
of what cities across the nation are facing. In July of last year, 
Prince George's County, Maryland, experienced a breakdown of its most 
essential public infrastructure when a water main serving 100,000 
people began to fail. Mandatory water restrictions were instituted, 
limiting access to water for homes and businesses during an intense 
heat wave that saw the heat index repeatedly reach the triple digits. 
At the National Harbor, one hotel evacuated three thousand guests and 
was forced to cancel upcoming reservations. Included in the affected 
area is Joint Base Andrews, which publicized plans to shut down a long 
list of services, including appointments at its medical center.
  There are incidents like this happening across America. The reports 
are startling. They confirm what every water utility professional 
knows: we need massive reinvestment in our water infrastructure now and 
over the coming decades. The Nation's drinking water infrastructure--
especially the underground pipes that deliver safe drinking water to 
America's homes and businesses--is aging. Like many of the roads, 
bridges, and other public assets on which the country relies, most of 
our buried drinking water infrastructure was built 50 or more years 
ago, in the post-World War II era of rapid demographic change and 
economic growth. Some of our systems are even older; in Baltimore, 
where I live, many of the pipes were installed in the 1800s. Some of 
these ``pipes'' are wooden. We need investment to deal with changing 
population needs and changing hydrological conditions. We have no other 
choice but to elevate it to a public safety priority and to take action 
now.
  The Water Infrastructure Resiliency and Sustainability Act aims to 
help local communities meet the challenges of upgrading water 
infrastructure systems to meet the hydrological changes we are seeing 
today. The bill directs the EPA to establish a Water Infrastructure 
Resiliency and Sustainability 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, 
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.
  It is estimated that by 2020, the forecasted deficit for sustaining 
water delivery and wastewater treatment infrastructure, will trigger a 
$206 billion increase in costs for businesses. In a worst case 
scenario, a lack of water infrastructure investment will cause the 
United States to lose nearly 700,000 jobs by 2020.
  A healthy water infrastructure system 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.
  We know that a reactive mode causes us to lose billions in revenue in 
the short-term. Let us instead take a proactive approach, making 
strategic investments in innovative projects designed to meet the 
current and future needs of our water systems. That is the purpose of 
the Water Infrastructure Resiliency and Sustainability Act.
  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. 741

       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 2015''.

     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 that 
     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 2015 through 2019 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 be significantly impaired 
     by changing hydrologic conditions;

[[Page S1531]]

       (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 hydrologic 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) Davis-Bacon Compliance.--
       (1) In general.--All laborers and mechanics employed by 
     contractors and subcontractors on projects funded directly by 
     or assisted in whole or in part by this Act shall be paid 
     wages at rates not less than those prevailing on projects of 
     a character similar in the 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 (commonly referred to as the ``Davis-Bacon 
     Act'').
       (2) Authority.--With respect to the labor standards 
     specified 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.
       (g) 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 2015 
     through 2019.
       (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).
                                 ______