[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[House]
[Pages H10288-H10291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  WATER INFRASTRUCTURE IMPROVEMENT ACT

  Mr. GIBBS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 7279) to amend the Federal Water Pollution Control Act to provide 
for an integrated planning process, to promote green infrastructure, 
and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7279

       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 
     Improvement Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Municipality.--The term ``municipality'' has the 
     meaning given that term in section 502 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362).

     SEC. 3. INTEGRATED PLANS.

       (a) Integrated Plans.--Section 402 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1342) is amended by adding 
     at the end the following:
       ``(s) Integrated Plans.--
       ``(1) Definition of integrated plan.--In this subsection, 
     the term `integrated plan' means a plan developed in 
     accordance with the Integrated Municipal Stormwater and 
     Wastewater Planning Approach Framework, issued by the 
     Environmental Protection Agency and dated June 5, 2012.
       ``(2) In general.--The Administrator (or a State, in the 
     case of a permit program approved by the Administrator) shall 
     inform municipalities of the opportunity to develop an 
     integrated plan that may be incorporated into a permit under 
     this section.
       ``(3) Scope.--
       ``(A) Scope of permit incorporating integrated plan.--A 
     permit issued under this section that incorporates an 
     integrated plan may integrate all requirements under this Act 
     addressed in the integrated plan, including requirements 
     relating to--
       ``(i) a combined sewer overflow;
       ``(ii) a capacity, management, operation, and maintenance 
     program for sanitary sewer collection systems;
       ``(iii) a municipal stormwater discharge;
       ``(iv) a municipal wastewater discharge; and
       ``(v) a water quality-based effluent limitation to 
     implement an applicable wasteload allocation in a total 
     maximum daily load;
       ``(B) Inclusions in integrated plan.--An integrated plan 
     incorporated into a permit issued under this section may 
     include the implementation of--
       ``(i) projects, including innovative projects, to reclaim, 
     recycle, or reuse water; and
       ``(ii) green infrastructure.
       ``(4) Compliance schedules.--
       ``(A) In general.--A permit issued under this section that 
     incorporates an integrated plan may include a schedule of 
     compliance, under which actions taken to meet any applicable 
     water quality-based effluent limitation may be implemented 
     over more than 1 permit term if the schedule of compliance--
       ``(i) is authorized by State water quality standards; and
       ``(ii) meets the requirements of section 122.47 of title 
     40, Code of Federal Regulations (as in effect on the date of 
     enactment of this subsection).
       ``(B) Time for compliance.--For purposes of subparagraph 
     (A)(ii), the requirement of section 122.47 of title 40, Code 
     of Federal Regulations, for compliance by an applicable 
     statutory deadline under this Act does not prohibit 
     implementation of an applicable water quality-based effluent 
     limitation over more than 1 permit term.
       ``(C) Review.--A schedule of compliance incorporated into a 
     permit issued under this section may be reviewed at the time 
     the permit is renewed to determine whether the schedule 
     should be modified.
       ``(5) Existing authorities retained.--
       ``(A) Applicable standards.--Nothing in this subsection 
     modifies any obligation to comply with applicable technology 
     and water quality-based effluent limitations under this Act.
       ``(B) Flexibility.--Nothing in this subsection reduces or 
     eliminates any flexibility available under this Act, 
     including the authority of a State to revise a water quality 
     standard after a use attainability analysis under section 
     131.10(g) of title 40, Code of Federal Regulations (or a 
     successor regulation), subject to the approval of the 
     Administrator under section 303(c).
       ``(6) Clarification of state authority.--
       ``(A) In general.--Nothing in section 301(b)(1)(C) 
     precludes a State from authorizing in the water quality 
     standards of the State the issuance of a schedule of 
     compliance to meet water quality-based effluent limitations 
     in permits that incorporate provisions of an integrated plan.
       ``(B) Transition rule.--In any case in which a discharge is 
     subject to a judicial order or consent decree, as of the date 
     of enactment of this subsection, resolving an enforcement 
     action under this Act, any schedule of compliance issued 
     pursuant to an authorization in a State water quality 
     standard may not revise a schedule of compliance in that 
     order or decree to be less stringent, unless the order or 
     decree is modified by agreement of the parties and the 
     court.''.
       (b) Implementation of Integrated Plans Through Enforcement 
     Tools.--Section 309 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1319) is amended by adding at the end the 
     following:
       ``(h) Implementation of Integrated Plans.--
       ``(1) In general.--In conjunction with an enforcement 
     action under subsection (a) or (b) relating to municipal 
     discharges, the Administrator shall inform a municipality of 
     the opportunity to develop an integrated plan, as defined in 
     section 402(s).
       ``(2) Modification.--Any municipality under an 
     administrative order under subsection (a) or settlement 
     agreement (including a judicial consent decree) under 
     subsection (b) that has developed an integrated plan 
     consistent with section 402(s) may request a modification of 
     the administrative order or settlement agreement based on 
     that integrated plan.''.
       (c) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Environment and Public Works of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, and make publicly available, 
     a report on each integrated plan developed and implemented 
     through a permit, order, or judicial consent decree pursuant 
     to the Federal Water Pollution Control Act since the date of 
     publication of the ``Integrated Municipal Stormwater and 
     Wastewater Planning Approach Framework'' issued by the 
     Environmental Protection Agency and dated June 5, 2012, 
     including a description of the control measures, levels of 
     control, estimated costs, and compliance schedules for the 
     requirements implemented through such an integrated plan.

     SEC. 4. MUNICIPAL OMBUDSMAN.

       (a) Establishment.--There is established within the Office 
     of the Administrator an Office of the Municipal Ombudsman, to 
     be headed by a Municipal Ombudsman.

[[Page H10289]]

       (b) General Duties.--The duties of the Municipal Ombudsman 
     shall include the provision of--
       (1) technical assistance to municipalities seeking to 
     comply with the Federal Water Pollution Control Act; and
       (2) information to the Administrator to help the 
     Administrator ensure that agency policies are implemented by 
     all offices of the Environmental Protection Agency, including 
     regional offices.
       (c) Actions Required.--The Municipal Ombudsman shall work 
     with appropriate offices at the headquarters and regional 
     offices of the Environmental Protection Agency to ensure that 
     a municipality seeking assistance is provided information 
     regarding--
       (1) available Federal financial assistance for which the 
     municipality is eligible;
       (2) flexibility available under the Federal Water Pollution 
     Control Act; and
       (3) the opportunity to develop an integrated plan under 
     section 402(s) of the Federal Water Pollution Control Act.
       (d) Information Sharing.--The Municipal Ombudsman shall 
     publish on the website of the Environmental Protection 
     Agency--
       (1) general information relating to--
       (A) the technical assistance referred to in subsection 
     (b)(1);
       (B) the financial assistance referred to in subsection 
     (c)(1);
       (C) the flexibility referred to in subsection (c)(2); and
       (D) any resources developed by the Administrator related to 
     integrated plans under section 402(s) of the Federal Water 
     Pollution Control Act; and
       (2) a copy of each permit, order, or judicial consent 
     decree that implements or incorporates such an integrated 
     plan.

     SEC. 5. GREEN INFRASTRUCTURE.

       (a) Definition.--Section 502 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1362) is amended by adding at the end 
     the following:
       ``(27) Green infrastructure.--The term `green 
     infrastructure' means the range of measures that use plant or 
     soil systems, permeable pavement or other permeable surfaces 
     or substrates, stormwater harvest and reuse, or landscaping 
     to store, infiltrate, or evapotranspirate stormwater and 
     reduce flows to sewer systems or to surface waters.''.
       (b) Green Infrastructure Promotion.--Title V of the Federal 
     Water Pollution Control Act (33 U.S.C. 1361 et seq.) is 
     amended--
       (1) by redesignating section 519 as section 520; and
       (2) by inserting after section 518 the following:

     ``SEC. 519. GREEN INFRASTRUCTURE PROMOTION.

       ``(a) In General.--The Administrator shall promote the use 
     of green infrastructure in, and coordinate the integration of 
     green infrastructure into, permitting and enforcement under 
     this Act, planning efforts, research, technical assistance, 
     and funding guidance of the Environmental Protection Agency.
       ``(b) Coordination of Efforts.--The Administrator shall 
     ensure that the Office of Water coordinates efforts to 
     increase the use of green infrastructure with--
       ``(1) other Federal departments and agencies;
       ``(2) State, tribal, and local governments; and
       ``(3) the private sector.
       ``(c) Regional Green Infrastructure Promotion.--The 
     Administrator shall direct each regional office of the 
     Environmental Protection Agency, as appropriate based on 
     local factors, and consistent with the requirements of this 
     Act, to promote and integrate the use of green infrastructure 
     within the region, including through--
       ``(1) outreach and training regarding green infrastructure 
     implementation for State, tribal, and local governments, 
     tribal communities, and the private sector; and
       ``(2) the incorporation of green infrastructure into 
     permitting and other regulatory programs, codes, and 
     ordinance development, including the requirements under 
     consent decrees and settlement agreements in enforcement 
     actions.
       ``(d) Green Infrastructure Information-sharing.--The 
     Administrator shall promote green infrastructure information-
     sharing, including through an internet website, to share 
     information with, and provide technical assistance to, State, 
     tribal, and local governments, tribal communities, the 
     private sector, and the public, regarding green 
     infrastructure approaches for--
       ``(1) reducing water pollution;
       ``(2) protecting water resources;
       ``(3) complying with regulatory requirements; and
       ``(4) achieving other environmental, public health, and 
     community goals.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Gibbs) and the gentlewoman from California (Mrs. Napolitano) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. GIBBS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 7279.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. GIBBS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am here today to express strong support for my bill, 
H.R. 7279, the Water Infrastructure Improvement Act, and ask my 
colleagues to join the bipartisan coalition that worked on this 
legislation to pass it.
  I introduced this bill to help codify into law a useful tool our 
communities should have at their disposal called integrated planning. 
Integrated planning provides flexibility for communities when they are 
confronted with the realities of managing wastewater and stormwater 
systems. Cities and other municipalities are charged with delivering 
those water utility services to their residents.
  Those same municipalities face the challenges of regulatory mandates 
from the Environmental Protection Agency for wastewater and stormwater 
systems. They also face the rising costs of these mandates, which can 
become severe financial burdens in repairing or replacing aging water 
infrastructure.
  These financial burdens ultimately fall on the ratepayers: the 
residents of those municipalities, many of whom cannot afford dramatic 
and immediate increases in their monthly bill. Without flexibility and 
the ability to prioritize projects so public health and environmental 
benefits can be maximized, local governments may be forced into costly 
consent decrees.
  Integrated planning helps communities sequence their water projects 
to meet regulatory or safety obligations more affordably. Cities can 
use integrated planning to focus on projects that will actually deliver 
safe and affordable water utility services rather than simply focusing 
on regulations and red tape.
  The Water Infrastructure Improvement Act also creates an important 
position inside the EPA, the Office of Municipal Ombudsman, to assist 
municipalities in implementing Agency policy and ensuring local 
governments are adhering to their responsibilities under the Clean 
Water Act while utilizing integrated planning.
  This bill enjoys bipartisan support in Congress and support from the 
National Association of Clean Water Agencies, the U.S. Conference of 
Mayors, the National League of Cities, the American Public Works 
Association, the National Association of Counties, and the National 
Association of Regional Councils.
  The Water Infrastructure Improvement Act offers a way forward for our 
communities to take a comprehensive approach to repairing or replacing 
outdated water systems, to delivering clean and sustainable water 
services, and to keeping it affordable for the ratepayers and 
taxpayers.
  We all tend to get wrapped up in the headlines of the day. The 
nonstop calls for outrage dominate cable news, and partisan differences 
grab everyone's attention. Because of that, the American people very 
rarely hear or see the real bipartisan work on issues important to 
their everyday lives like easy access to safe, affordable, and 
efficient water utilities.
  Mr. Speaker, I want to thank my colleague from California (Mrs. 
Napolitano) for her work on this issue. This is an example of the many 
issues in Congress that affect the lives of all Americans and that find 
bipartisan support, yet fly under the radar.
  I strongly urge my colleagues to join me, Mrs. Napolitano, Mr. Latta, 
Ms. Fudge, Mr. Chabot, and Mrs. Bustos in passing the Water 
Infrastructure Improvement Act so America's municipalities and their 
residents can maintain access to safe water.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 7279, the very 
bipartisan, as my colleague was saying, Water Infrastructure 
Improvement Act.
  Let me first start by thanking the primary sponsor of the bill, the 
gentleman from Ohio (Mr. Gibbs), for his great cooperation on this. Let 
me say that it was a pleasure doing it, and I associate myself with his 
remarks. It is very bipartisan and something that we all agree on that 
needs to happen for the people of this Nation to finally reach a 
bipartisan agreement on this

[[Page H10290]]

very important issue after more than 4 years.
  This legislation codified the concept from the Obama administration 
known as integrated planning that can assist communities in meeting 
their requirements under the Clean Water Act, while maintaining their 
obligation to achieve improvements in local water quality.
  EPA's integrated planning framework provides communities with a 
voluntary opportunity to prioritize local clean water investments with 
the greatest benefit to human health and the environment. This is 
incredibly important to communities in my congressional district, as 
well as many others, as they meet the challenges of the Los Angeles 
County MS4 stormwater permit, and also across the Nation.
  To be clear, the integrated planning is not about diminishing 
communities' existing obligations under the Clean Water Act; rather, it 
provides an opportunity for communities to work with Federal and State 
regulators to optimize their clean water infrastructure investments.
  The sad reality is that, until the Federal Government increases its 
investment under the Clean Water Act, communities will still struggle 
with affordability challenges. We can and must do better.
  First, we need to reauthorize the Clean Water State Revolving Fund, 
known as SRF, and I am hopeful that this is one of the first things we 
will accomplish next year on, again, a very bipartisan basis. We passed 
similar reauthorization of the drinking water program by voice vote in 
September. Now is the time for a similar effort to protect local water 
quality.

  Second, we need to address the cost of water and sewer services to 
these households with the least ability to pay. No hardworking American 
family should be forced to go without water and wastewater services 
simply because their local rates are too high. Clean water is a basic 
human right.
  Yes, utilities should be able to recover the costs necessary to 
upgrade their local systems, but when those costs disproportionately 
affect individual households, we can and must do much more to help 
struggling families afford these basic services.
  That will be another issue I hope this next Congress will address in 
the coming year: protecting our Nation's clean water and making it 
affordable for all American families.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Latta).
  Mr. LATTA. Mr. Speaker, I thank my friend, the gentleman from Ohio, 
for yielding.
  Mr. Speaker, I rise today in strong support of H.R. 7279, the Water 
Infrastructure Improvement Act.
  Throughout my tenure in Congress, I have worked on legislation to 
give our Nation's communities more flexibility to comply with costly 
regulations in regards to their wastewater infrastructure improvements. 
In each Congress since 2008, I have introduced legislation that 
addresses these issues and provides relief to our local communities.
  I have heard from many villages, towns, and cities across my district 
over the years that struggle to meet wastewater and stormwater 
improvement demands. This legislation is a key step to build on the 
work I have previously done to provide relief to our constituents by 
allowing them to more effectively and efficiently meet their specific 
water needs.

                              {time}  1615

  There are billions of dollars worth of water, wastewater, and 
stormwater infrastructure needs in the State of Ohio. It is critical to 
provide communities with the ability to meet their obligations in a 
more cost-effective manner.
  This legislation will codify the U.S. Environmental Protection Agency 
Integrated Planning Framework and provide additional tools and 
flexibility for communities to comply with mandated wastewater 
infrastructure improvement projects.
  This is important because it allows municipalities and clean water 
utilities to decide how best to spend their limited resources. 
Integrated planning allows communities to allocate funds in a targeted 
manner, allowing them to focus on the most effective water quality 
improvements.
  Mr. Speaker, again, I want to thank my colleague Representative 
Gibbs, as well as Representatives Chabot, Napolitano, Fudge, and Bustos 
for working together to get this bipartisan piece of legislation 
passed. I will continue to work with my colleagues in both chambers to 
ensure that this bipartisan bill reaches the President's desk in order 
to help improve our Nation's water infrastructure and protect the 
ratepayers.
  I urge all my colleagues to support this measure, and, again, I thank 
my colleague for introducing the legislation.
  Mrs. NAPOLITANO. Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio (Mr. Chabot).
  Mr. CHABOT. Mr. Speaker, I rise today in very strong support of H.R. 
7279, the Water Infrastructure Improvement Act.
  I want to thank Congressman Gibbs as well as Congressman Latta, who 
just spoke previously, Congresswoman Fudge, and a number of others with 
whom we have been working, literally for years now, to move forward 
integrated planning and provide more flexibility for local communities 
to meet clean water standards.
  The legislation that we are working on and that we have been involved 
in here, I think, is critical for communities like mine--Cincinnati, 
Hamilton County--and communities all over the country.
  I want to say a special thanks to Hamilton County Commissioner Todd 
Portune, who is a Democrat, and County Commissioner Chris Monzel, who 
is a Republican, in my district. We have been working in a bipartisan 
manner on this for quite some time now. Commissioner Portune brought 
this to my attention a number of years ago as Hamilton County dealt 
with the EPA consent decree that they had entered into many years ago 
that has literally crippled the sewer system and has caused dramatic 
price increases for the ratepayers, hundreds of thousands of whom are 
my constituents.
  Commissioner Portune helped to craft the early versions of this 
legislation, and he and Commissioner Monzel have continued to fight to 
push this legislation across the finish line.
  Oftentimes, when I see Todd Portune back in my area, he will bring 
this up to me and encourage me. We have been in this together for a 
long time now, and Commissioner Monzel as well. I, again, especially 
want to thank Congressman Gibbs for pushing this for many years now. I 
am so glad that we are actually finally getting there.
  The legislation that we are considering today will authorize the EPA 
to work with local communities on integrated clean water plans that 
incorporate flexibility and innovative approaches. It will also allow 
integrated plans to be used to modify administrative orders or consent 
decrees, and it will allow compliance schedules that are longer than 
the current permit periods, if the jurisdiction meets its State water 
quality standards.
  That is the important thing. We want more flexibility to give local 
communities the ability to deal with their problems in a way that makes 
sense in that community. The problems that New York City has are very 
different from what a rural Mississippi district or my district, 
Cincinnati, would have. They are all a bit different.
  What we are saying is that you still have to meet those high 
standards that the EPA sets for clean water. We want our people to 
drink clean water, but we should give those different communities more 
flexibility so that they can do what makes sense in their particular 
community and then save the ratepayers their hard-earned tax dollars.
  That is what this is all about, maintaining the high standards that 
we have, but doing it in a way that allows for more flexibility; the 
local communities can act according to what is in their best interest.
  Together, these commonsense proposals represent a critical first step 
in addressing this issue as we continue to work on further financial 
capability guidance so that communities can meet clean water standards 
in a fiscally responsible manner.
  I, again, want to thank the chairman and the ranking member for their 
leadership on this and for moving this bill

[[Page H10291]]

forward. I thank all of the Members who have played a part in this 
process. It has been a long time coming. A lot of people have worked 
very hard on this, and I just want to thank all of those who have done 
this in a bipartisan manner. I would love to see this House work this 
way even more. We will see.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I want to thank, first of all, our respective staffs for 
working together on this. They did a great job, and they did an awful 
lot of work on it.
  Mr. Chabot is right; it has been a long time coming. I have been on 
the Subcommittee on Water Resources and Environment more than 20 years, 
and this is something that came up over 10 years ago that EPA was 
forcing California restrictions. And California has the strictest rules 
on air and water.
  So this is really an efficient way of being able to help California 
and other States deal with it.
  This bill before us is a very good first step toward ensuring the 
protection of our Nation's rivers, lakes, and streams and deserves our 
very strong support.

  We have worked with cities, mayors, water agencies, sanitation 
districts, environmental groups, as well as our colleagues on the other 
side on this legislation. We are aware of no opposition--none--to this 
bill.
  We thank all stakeholders for their input and support throughout this 
process.
  However, it is my hope that early in the next Congress we can return 
to the House floor with similar bipartisan legislation to address the 
funding needs and affordability concerns we discussed earlier. Only 
then can we say we have delivered on our responsibility to provide 
clean, safe, and affordable water to all American families, including 
Native Americans.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GIBBS. Mr. Speaker, I yield myself such time as I may consume.
  I want to, again, thank my colleague from California, Mrs. 
Napolitano, for all her help on the other side of the aisle to make 
this a very bipartisan bill. It is a very commonsense bill.
  The key to this that I think needs to be mentioned and emphasized is 
it gives our local communities flexibility and also encourages all 
levels of government to work together--the Federal EPA, the State EPA, 
and the local municipalities--to solve the problems they have at the 
ground level.
  Also in this bill, there is a provision that requires that the new 
position, the EPA ombudsman, in at least 2 years report back to 
Congress, the T&I Committee, about what happened with the integrated 
planning, the specific projects, and review that and see if it needs to 
be tweaked or not. We will see how it works.
  It is very important, working together. You see communities that have 
been under court orders, court decrees, and they can't get to where 
they need to get to, and this bill gives them that flexibility and that 
common sense.
  Everybody wants to do the right thing, and this will help them do 
that and to be working with the EPA in a partnership.
  Mr. Speaker, in closing, I urge my colleagues to vote ``yes'' on H.R. 
7279, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Gibbs) that the House suspend the rules and 
pass the bill, H.R. 7279.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MASSIE. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________