[Congressional Record Volume 167, Number 74 (Thursday, April 29, 2021)]
[Senate]
[Pages S2324-S2340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DRINKING WATER AND WASTEWATER INFRASTRUCTURE ACT OF 2021--Continued
Ms. LUMMIS. Mr. President, I rise today to speak in strong support of
the Drinking Water and Wastewater Infrastructure Act of 2021. I want to
thank Environment and Public Works Ranking Member Capito, full
committee Chairman Carper, Chairman Duckworth, and their staffs for
their hard work and cooperation on this bill.
While many issues divide this Senate, clean water is not one of them.
As ranking member of the Fisheries, Water, and Wildlife Subcommittee
under which drinking water and wastewater jurisdiction lies, I am proud
to see the work our committee has done to bring this bill to the floor
today, and I especially want to thank Senator Duckworth for all of her
efforts to serve our communities by shepherding this bill through the
Senate.
On May 17th, our committee and subcommittee held a hearing to examine
the challenges facing drinking water and wastewater infrastructure
throughout the Nation. We heard from witnesses that many obstacles
remain in America's water quality. High among those obstacles is the
lagging funding related to an aging infrastructure. The primary
mechanism for financing water infrastructure is from State and local
sources, including the collection of user fees, but funding has not
kept pace with the growing need to address an aging system. Only 20
percent of very large utilities and 10 percent of small utilities
report that they will be able to provide full-cost service in 5 years.
I am proud to be a part of the team that has come together to find a
solution to these problems.
While working on this issue, I learned something that might surprise
a lot of Americans: The majority of our Nation's drinking water and
wastewater utilities are small. Over 90 percent of the country's
roughly 50,000 community water systems serve populations fewer than
10,000 people. Roughly 80 percent of America's 17,000 wastewater
utilities serve populations fewer than 10,000 people. Rural and small
communities like many found in my State of Wyoming have greater
difficulty affording public wastewater service due to low population
density and lack of economies of scale. Rural communities also have
lower median household incomes and often have higher rates of poverty,
only compounding the challenge. The mandates and requirements given
under the Clean Water Act and Safe Drinking Water Act can be burdensome
on these small and rural communities. This bill reauthorizes a number
of programs that will provide technical assistance, funding, research,
and expertise for these small communities. The Circuit Rider Program,
for example, has long been among our Nation's most successful public-
private partnerships. The Wyoming Association of Rural Water Systems
and organizations like it across the country are doing yeomen's work in
delivering for our rural communities.
The Drinking Water and Wastewater Infrastructure Act unanimously
passed our committee by a vote of 21 to 0. Similar legislation worked
on by then-Chairman Barrasso and Ranking Member Carper likewise passed
without any opposition last Congress.
Mr. President, I have the unique privilege of being the only Senator
to sit on all three committees of jurisdiction over transportation and
infrastructure. All three committees are hard at work considering the
recent infrastructure plan put forward by President Biden. Let me give
a brief history of the bipartisan nature of this topic.
In 2019, the EPW Committee under my fellow Senator from Wyoming John
Barrasso, passed a 5-year highway funding bill unanimously out of
committee. In 2018, President Trump signed the bipartisan America's
Water Infrastructure Act into law. In 2016, President Obama signed the
bipartisan Water Infrastructure Improvements for the Nation Act into
law. In 2015 we had two bipartisan transportation bills pass into law,
and in 2014 we had another bipartisan water resources bill become law.
President Biden mentioned last night that infrastructure is
historically a bipartisan issue. He applauded my Republican colleagues
for putting forward a good infrastructure plan of our own just last
week. Our Republican bill is based on ideas that have garnered
bipartisan support in the past, which makes it a perfect foundation
upon which to build an infrastructure plan that could pass into law. I
urge President Biden and my colleagues on the other side of the aisle
to remember this as we move to an infrastructure bill.
I am proud of the work that my colleagues and I did on today's
Drinking Water and Wastewater Infrastructure Act. I would like to thank
my colleagues on the EPW Committee for their work, and I urge all
Senators to support it
Mrs. FEINSTEIN. Mr. President, I rise today in support of the
Drinking Water and Wastewater Infrastructure
[[Page S2325]]
Act, S. 914, introduced by my colleague Senator Duckworth. This bill
would provide much needed funding for drinking water and wastewater
cleanup across the country, addressing climate change and assisting
underserved communities.
Millions of Americans do not have access to clean water. In
California alone, it is estimated that nearly 1 million Californians do
not have access to clean water from their tap. California faces unique
water challenges, and in the face of climate change, drought per- and
polyfluoroalkyl substances contamination, and population growth, my
State's aging water infrastructure, like many others, is in need of
support.
The Drinking Water and Wastewater Infrastructure Act authorizes more
than $35 billion for updating and repairing aging infrastructure, and
also assisting historically underserved and marginalized communities.
Communities of color and low-income communities are more likely to
lack the infrastructure to provide safe drinking water to households
and prevent water contamination. For example, the farming communities
of the San Joaquin Valley face a frequent danger of drought that
threatens to dry up their groundwater supply.
These predominantly Latino communities also face the threat of
growing nitrate levels in their ground water supplies, forcing families
to forego using tap water for drinking, cooking, and even showering.
This bill would fix these disparities by funding investments and
advancements in infrastructure to ensure that families have access to
clean water, no matter where they live.
I am pleased that my amendment to Section 203 was included in the
substitute bill. Section 203 of the base bill creates a new EPA grant
program for water recycling and other sustainable water supplies that
will complement the existing Bureau of Reclamation water recycling
program.
In the base bill, section 203 prohibits water recycling projects that
have received any Bureau of Reclamation funding from receiving EPA
funding. I think it is reasonable to prohibit water districts that have
received Bureau of Reclamation construction funding from also receiving
construction funding from EPA.
But the base bill would also prohibit water districts from applying
for EPA grants if they received even preliminary Reclamation funding
years ago for feasibility studies, planning, or design.
The new EPA program is needed precisely because there is a backlog of
$800 million to $1 billion for water recycling projects under the
Bureau of Reclamation's program.
I don't believe it makes sense to prohibit water districts from
accessing available EPA funding to build needed water recycling
projects just because they got a little Reclamation study funding years
ago.
My amendment, which Senators Padilla and Kelly cosponsored, would
ensure that water recycling projects that received Bureau of
Reclamation funding for studies would still be eligible to apply for
EPA funding.
I thank the bill managers for accepting this amendment into the
substitute bill.
I am also pleased to vote for Senator Shaheen's bill and thank the
Senator for her efforts to improve our nation's water infrastructure.
The PRESIDING OFFICER. The Senator from West Virginia.
Mrs. CAPITO. Mr. President, this week on the Senate floor, my
colleagues and I have explained how the Drinking Water and Wastewater
Infrastructure Act of 2021 would make significant improvements to our
country's water infrastructure.
After a bipartisan, regular order legislative and amendment process,
we move to final consideration.
This legislation makes meaningful progress on our drinking water and
wastewater challenges that will benefit the States represented by every
single one of us.
It invests heavily in the State revolving loan funds to give our
States that flexibility they need in their funding.
It creates a new grant program specifically for small and
disadvantaged communities to upgrade their systems, fix leaky pipes,
and prevent water loss.
It helps connect low-income households to public water systems or
helps them to get new and better septic tanks.
It supports water infrastructure projects on Indian reservation lands
and in Alaskan Native villages.
It provides assistance to remove and replace lead pipes, as well as
lead testing in schools and childcare centers.
It encourages the next generation to be a part of that water
infrastructure workforce that is so critical.
All of the investments represent the EPW's shared goals of improving
public health and fostering economic growth in all of our communities.
These are just a few of the provisions which I wanted to highlight
and which are informed by particular challenges facing our water
systems in the State of West Virginia, but based on the feedback from
all of our colleagues in both parties and the groundswell of support we
have seen from various water advocacy groups, it is clear that these
provisions will have broad applicability to help communities all across
the United States. It is why we have such a diverse and growing
coalition of more than 70 supporters, from water systems to local
governments, to industry, to labor, to environmental organizations.
Before I wrap up, I would like to thank my colleague and chairman of
our committee and West Virginia-born Chairman Tom Carper.
This legislation represents, I think, a fantastic first effort for
our ongoing work together to address the major concerns of the American
people when it comes to infrastructure and the environment, and in a
thoughtful and fiscally responsible fashion.
His staff has been engaged and candid with mine throughout this
entire process. So, in particular, I would like to thank John Kane, the
lead for Chairman Carper's water team, and his colleague Annie D'Amato,
as well as Tyler Hoffman-Reardon and Mackie McIntosh, who provided
support throughout these negotiations. So thank you. Chairman Carper's
team is led by staff director Mary Frances Repko, who brought her
wealth of experience to bear on this process as well.
I would certainly like to take time to highlight the members of my
team, who worked long hours, nights and weekends, to deliver this
legislation--Jess Kramer, EPW Republican water counsel, and Travis
Cone, who is here with me today, my Republican deputy staff director
and lead for our environmental team. They led the negotiations on our
side and brought us to where we are today.
They had strong assistance from our staff director, Adam Tomlinson,
as well as chief counsel Elizabeth Horner, as well as Max Hyman, one of
our policy staff who contributed to the language we see today in this
bill.
I would like to also thank and congratulate Fisheries, Water, and
Wildlife Subcommittee Chair Tammy Duckworth and Ranking Member Cynthia
Lummis and their staffs for their hard work on this bill. They are two
of my colleagues from my House days, and I am so glad that all of us
are working together again on the same committee, no less, here in the
U.S. Senate
I also appreciate Transportation and Infrastructure Subcommittee
Chair Ben Cardin, whom I have worked with on a lot of these issues
previously, and also my good friend Ranking Member Kevin Cramer for
providing a lot of input into this legislation.
This has absolutely been a team effort. It is what we are here for,
to work together. I look forward to our team racking up a lot more wins
in infrastructure and beyond over the course of the 117th Congress.
In closing, I just want to reiterate again that passing this
bipartisan bill in a bipartisan way is also very important. We know it
is more than symbolic, but there is symbolism, I think, here because it
shows the American people what we hear all the time when we go home:
that their elected officials in Congress can work together and
collaboratively on issues such as infrastructure. The bill represents
the solid work that comes out of good-faith negotiations.
Chairman Carper and I worked together and never took our eye off of
the mutual goal--a bipartisan bill that can pass both Chambers and be
signed into law. We are here today with that bill. I am proud to be
Chairman Carper's partner, and I appreciate his leadership.
[[Page S2326]]
I hope that as we move forward with other infrastructure packages, we
remember this moment. We know the next couple of weeks and months are
going to be tough, but we can do tough things to deliver for the
American people. That is what we were sent here to do.
So, again, I urge my colleagues to vote yes on this legislation, and
I hope we continue in this spirit.
I yield the floor, or I yield to my partner, Chairman Carper.
The PRESIDING OFFICER. The Senator from Delaware
Mr. CARPER. Mr. President, I don't want to trivialize this important
moment, but I am tempted to say: I am Tom Carper, and I approve this
message. But I won't say that, but I certainly do approve this message.
So pretty remarkable. We have three Members of our body who were born
in West Virginia, and one is the daughter of a former Governor of our
State and maybe the mother of a future Governor of our State. We will
have to wait and see.
We have another former Governor of West Virginia who serves here with
us and whose wife Gayle actually was in the same high school graduating
class with my first cousin Dan Patton. It is really kind of incestuous.
But people ask why we get along so well, and I am reminded of the words
of Joe Biden. He and I rode the train together a lot of years to
Delaware and back when I joined him in the Senate and in the House
before that. Joe likes to say--the President likes to say that all
politics is personal. He says that all diplomacy is personal as well.
And I think you see a little bit of that at work here, and it is just a
good reminder for all of us.
Before we vote here in a couple minutes, I just want to express once
again my support for the legislation before us, the Drinking Water and
Wastewater Infrastructure Act of 2021.
I am a firm believer that actions do speak louder than words, so
before we move to a vote, let me close by saluting the unanimous action
taken by the Committee on Environment and Public Works on this bill.
Every member of the committee, all of us, every one of us, had a hand
in crafting the legislation with the help of our staff--half of us
Democrats, half of us Republicans.
First of all, the committee members worked together to formulate
legislation that would reauthorize critical financing mechanisms for
drinking water and wastewater infrastructure across our country.
In bipartisan negotiations, we addressed the fundamental needs of the
communities that have been left behind by our past efforts to address
clean water, and we have--or at least we sought to try to ensure with
this bill that rural and disadvantaged and Tribal communities will have
the needed resources they need to access the same safe water that the
rest of us really take for granted most of the time.
After all those efforts involving members on both sides of our
committee dais and many of our colleagues throughout this body, we
reported this much needed legislation to the full Senate by unanimous
vote, 20 to 0. That is right, 20 to 0. The bill we hope to take up
today passed out of our committee unanimously. In fact, the Republicans
like this bipartisan bill so much that they included it in their
infrastructure proposal, and President Biden supports this legislation
as a good first step forward. He reminded us of that last night in his
address.
We just don't see this kind of bipartisanship often enough, and I
think--I talked earlier about how we are leaders. We have a
responsibility to lead by example. That is what I was trained to do in
the Navy and a lot of us as well--lead by example. We are trying to do
that here today.
That remarkable consensus is why this bill is so worthy of our
support. The benefit that it provides will reach all corners of our
Nation. This legislation will be a boon not just to our towns and not
just to our cities but also to our rural communities. It will help
ensure the healthy environment necessary for our collective happiness,
vitality, and long-term success, no matter where we live. You know what
it says in the Declaration of Independence. Life, liberty, and the
pursuit of happiness. This is part of that. Without water, we just
don't have any of those things.
Not only does the Drinking Water and Wastewater Infrastructure Act of
2021 provide the resources we need to build, the resources we need to
upgrade, the resources we need to expand critical infrastructure, but
it also ensures that we make a substantial investment in projects that
will withstand the increasingly harsh weather events--be they storms,
be they floods, freezing cold snaps, droughts--that have plagued places
like Texas and Mississippi in recent weeks and months.
As all my colleagues in this body are aware, the ravages of changing
climate in the form of devastating weather could hit any of our
communities at any time and in many cases already have.
There is a good reason why groups like the U.S. Conference of Mayors
on the one hand, the U.S. Chamber of Commerce on the other hand, and
the National Wildlife Federation support this legislation.
I mentioned earlier on the floor the American Society of Civil
Engineers, which gave our water systems a D--I think a D-minus average
grade on the 2021 report card on the state of our Nation's
infrastructure. This is what they say about this bill after giving us I
think a D-minus average grade on our Nation's infrastructure. Here is
what they said about this legislation. Senator Capito, here is what
they said:
. . . critical if we are to improve our nation's aging water
systems and ensure that they continue to provide and protect
public health, welfare, and safety.
There is plenty in it to inspire the Rural Community Assistance
Partnership to say the organization is ``proud to support this bill
because Americans deserve clean, safe, reliable, and affordable
drinking water, regardless of their community's size or zip code.''
Colleagues, I couldn't agree more.
This measure reauthorizes and increases funding for the bedrock
Federal water and wastewater infrastructure financing problems--the
drinking water and clean water State revolving funds. In the case of
the Clean Water Fund, this is the first reauthorization of the Clean
Water Fund in 35 years--35 years.
Local government leaders, policy experts, and advocates from all
parts of our country and all political stripes also support our bill
because it would invest $500 billion to ensure water infrastructure
systems are more resilient in the face of extreme weather events.
These leaders are urging us to pass this legislation because it
expands the government's role in researching and developing the water
technologies of tomorrow, opening the door to economic opportunity and
jobs across this country.
Finally, millions of Americans--too many Americans, millions of
them--cannot trust the water when they turn on their taps. Most of us
turned on our tap water this morning either at our homes or our
bathrooms or wherever and maybe in our offices and we drank the water
and we didn't think anything of it. We knew it was fine and it was
safe. Too many people in this country--millions of them, in fact--don't
have that benefit.
I think we have a moral responsibility to help make sure that
everyone in our Nation--it doesn't matter what their ZIP Code is. It
doesn't matter their race. It doesn't matter what their income is. We
have a moral obligation to make sure they have access to clean, safe
water.
The Golden Rule--treat other people the way we want to be treated--
very much is part of this and guides, I think, all of us.
With this legislation, we can move forward on that effort and, in
doing so, create jobs, foster innovation, and protect our public health
all at once.
I am proud of our bill. I am proud of all the work that has gone into
it and proud of the bipartisan process to produce it with our
colleagues that led us here. I hope our colleagues agree that it is
worthy of the same bipartisan support on the Senate floor as it
received in committee.
Nothing is perfect. What do they say in the Constitution? What did
the Framers say? In order to form a more perfect Union? Well, I have
never been part of writing or co-writing a perfect bill. This was not
perfect, and there are obviously some changes that--we can make it
better--some changes that we
[[Page S2327]]
will discuss with our colleagues on the committee, off the committee,
and with our friends in the House and the administration. But this is a
good start. This is a very good start. And we look forward to the next
step in this process, and I would ask everyone to please join us in
voting yes.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The majority leader.
Mr. SCHUMER. First, Mr. President, it was good when I walked in--it
felt really good when I walked in a few hours ago as we were voting,
and I saw Mr. Carper, Senator Carper, the chairman of the EPW
Committee, sitting here and Senator Capito, the ranking member, sitting
there, working together to make sure that this bill passed and working
together to defeat some amendments that might have hurt the whole
bill's chance of passing. That is how it used to be around here all the
time, and it is good to see it. And I thank both the chair and the
ranking member for doing that as well as the whole Senate as well,
including Leader McConnell. We are trying to work in a bipartisan way
whenever we can, and this bill is a classic example.
First, its importance, of course, is paramount--and I will get to
that in a minute--but, second, the fact that we can come together on an
important bill that is a part of the Build Back Better plan is
something that I think Members on both sides of the aisle can be very
happy about, and Americans should be happy about as well.
It doesn't mean that we will be able to do the whole thing
bipartisan, but we will do as much as we can--as much as we can.
And this bill is an important one. Clean water is vital to the
American people and to their health, and for too long we have tolerated
lead in the water of too many. When lead gets into the water of young
people, it can certainly cause health problems in later years. All too
often, it occurs in poorer communities and communities of color.
This bill, in a bipartisan way, says we are going to come together
and get the lead out--get the lead out of our pipes, get the lead out
of our faucets, get the lead out of our water. That is an important
part of this bill.
And the second part of the bill is, you know, water is very, very
important to bringing businesses. Upstate New York, we are trying to
attract businesses. One of the first things a business will ask is: Do
you have some land available that has water and sewer? When you can say
yes, you have a much better chance of attracting businesses to those
communities that definitely need new jobs.
And, finally, of course, we all depend on water in our daily lives,
and many of the systems are old. They are a century old. Many of our
local governments no longer have the dollars to do this on their own.
So having a bill that is robust, that helps them, is very, very
important.
I would finally note that the bill that we are voting on today is
very much--is very similar to the proposal made by some of the
Republican leaders when they put together a proposal to President
Biden.
So, again, closing on the note I opened with, the happy
bipartisanship that marks this bill is a very good thing, and I hope it
can continue.
I yield the floor, and I ask unanimous consent that the rollcall vote
begin now.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Vote on S. 914, as Amended
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill, as amended, pass?
Mr. SCHUMER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Washington (Ms.
Cantwell), the Senator from Maryland (Mr. Cardin), and the Senator from
Maryland (Mr. Van Hollen) are necessarily absent.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from North Dakota (Mr. Cramer), the Senator from Kansas (Mr. Moran),
the Senator from Kentucky (Mr. Paul), the Senator from South Dakota
(Mr. Rounds), the Senator from Alabama (Mr. Shelby), and the Senator
from North Carolina (Mr. Tillis).
The result was announced--yeas 89, nays 2, as follows:
[Rollcall Vote No. 178 Leg.]
YEAS--89
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Capito
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Crapo
Daines
Duckworth
Durbin
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Hagerty
Hassan
Hawley
Heinrich
Hickenlooper
Hirono
Hoeven
Hyde-Smith
Inhofe
Johnson
Kaine
Kelly
Kennedy
King
Klobuchar
Lankford
Leahy
Lujan
Lummis
Manchin
Markey
Marshall
McConnell
Menendez
Merkley
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Portman
Reed
Risch
Romney
Rosen
Rubio
Sanders
Sasse
Schatz
Schumer
Scott (FL)
Scott (SC)
Shaheen
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Toomey
Tuberville
Warner
Warnock
Warren
Whitehouse
Wicker
Wyden
Young
NAYS--2
Cruz
Lee
NOT VOTING--9
Cantwell
Cardin
Cramer
Moran
Paul
Rounds
Shelby
Tillis
Van Hollen
The PRESIDING OFFICER (Ms. Rosen). On this vote, the yeas are 89, the
nays are 2.
The 60-vote threshold having been achieved, the bill is passed, as
amended.
The bill (S. 914), as amended, was passed, as follows
S. 914
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drinking
Water and Wastewater Infrastructure Act of 2021''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Administrator.
TITLE I--DRINKING WATER
Sec. 101. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 102. Drinking water State revolving loan funds.
Sec. 103. Source water petition program.
Sec. 104. Assistance for small and disadvantaged communities.
Sec. 105. Reducing lead in drinking water.
Sec. 106. Operational sustainability of small public water systems.
Sec. 107. Midsize and large drinking water system infrastructure
resilience and sustainability program.
Sec. 108. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 109. Rural and low-income water assistance pilot program.
Sec. 110. Lead contamination in school drinking water.
Sec. 111. Indian reservation drinking water program.
Sec. 112. Advanced drinking water technologies.
Sec. 113. Cybersecurity support for public water systems.
Sec. 114. State response to contaminants.
Sec. 115. Annual study on boil water advisories.
TITLE II--CLEAN WATER
Sec. 201. Research, investigations, training, and information.
Sec. 202. Wastewater efficiency grant pilot program.
Sec. 203. Pilot program for alternative water source projects.
Sec. 204. Sewer overflow and stormwater reuse municipal grants.
Sec. 205. Clean water infrastructure resiliency and sustainability
program.
Sec. 206. Small and medium publicly owned treatment works circuit rider
program.
Sec. 207. Small publicly owned treatment works efficiency grant
program.
[[Page S2328]]
Sec. 208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for
individuals with low or moderate income.
Sec. 209. Connection to publicly owned treatment works.
Sec. 210. Clean water State revolving funds.
Sec. 211. Water infrastructure and workforce investment.
Sec. 212. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 213. Water data sharing pilot program.
Sec. 214. Final rating opinion letters.
Sec. 215. Water infrastructure financing reauthorization.
Sec. 216. Small and disadvantaged community analysis.
Sec. 217. Stormwater infrastructure technology.
Sec. 218. Water Reuse Interagency Working Group.
Sec. 219. Advanced clean water technologies study.
Sec. 220. Clean watersheds needs survey.
Sec. 221. Water Resources Research Act amendments.
Sec. 222. Enhanced aquifer use and recharge.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
TITLE I--DRINKING WATER
SEC. 101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES
AFFECTING PUBLIC WATER SYSTEMS.
Section 1442 of the Safe Drinking Water Act (42 U.S.C.
300j-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(11) Compliance Evaluation.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall--
``(i) evaluate, based on the compliance data found in the
Safe Drinking Water Information System of the Administrator,
the compliance of community water systems and wastewater
systems with environmental, health, and safety requirements
under this title, including water quality sampling, testing,
and reporting requirements; and
``(ii) submit to Congress a report describing trends seen
as a result of the evaluation under clause (i), including
trends that demonstrate how the characteristics of community
water systems and wastewater systems correlate to trends in
compliance or noncompliance with the requirements described
in that clause.
``(B) Requirement.--To the extent practicable, in carrying
out subparagraph (A), the Administrator shall determine
whether, in aggregate, community water systems and wastewater
systems maintain asset management plans.'';
(2) in subsection (b), in the first sentence--
(A) by inserting ``(including an emergency situation
resulting from a cybersecurity event)'' after ``emergency
situation''; and
(B) by inserting ``, including a threat to public health
resulting from contaminants, such as, but not limited to,
heightened exposure to lead in drinking water'' after
``public health'';
(3) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsection (b) $35,000,000
for each of fiscal years 2022 through 2026.'';
(4) in subsection (e), by striking paragraph (5) and
inserting the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $15,000,000 for each of fiscal years 2022 through
2026.'';
(5) by redesignating subsection (f) as subsection (g); and
(6) by inserting after subsection (e) the following:
``(f) State-based Nonprofit Organizations.--
``(1) In general.--The Administrator may provide technical
assistance consistent with the authority provided under
subsection (e) to State-based nonprofit organizations that
are governed by community water systems.
``(2) Communication.--Each State-based nonprofit
organization that receives funding under paragraph (1) shall,
before using that funding to undertake activities to carry
out this subsection, consult with the State in which the
assistance is to be expended or otherwise made available.''.
SEC. 102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
(a) Drinking Water State Revolving Funds Capitalization
Grant Reauthorization.--Section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12) is amended--
(1) in subsection (a)(4)(A), by striking ``During fiscal
years 2019 through 2023, funds'' and inserting ``Funds'';
(2) in subsection (m)(1) --
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) $2,400,000,000 for fiscal year 2022;
``(E) $2,750,000,000 for fiscal year 2023;
``(F) $3,000,000,000 for fiscal year 2024; and
``(G) $3,250,000,000 for each of fiscal years 2025 and
2026.''; and
(3) in subsection (q), by striking ``2016 through 2021''
and inserting ``2022 through 2026''.
(b) Assistance for Disadvantaged Communities.--Section
1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d))
is amended--
(1) in paragraph (1)--
(A) by striking ``Notwithstanding any'' and inserting the
following:
``(A) In general.--Notwithstanding any'';
(B) in subparagraph (A) (as so designated), by inserting
``, grants, negative interest loans, other loan forgiveness,
and through buying, refinancing, or restructuring debt''
after ``forgiveness of principal''; and
(C) by adding at the end the following:
``(B) Exclusion.--A loan from a State loan fund with an
interest rate equal to or greater than 0 percent shall not be
considered additional subsidization for purposes of this
subsection.''; and
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to the extent that there are sufficient applications
for loans to communities described in paragraph (1), may not
be less than 12 percent.''.
SEC. 103. SOURCE WATER PETITION PROGRAM.
Section 1454 of the Safe Drinking Water Act (42 U.S.C.
300j-14) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), in the matter preceding clause
(i), by striking ``political subdivision of a State,'' and
inserting ``political subdivision of a State (including a
county that is designated by the State to act on behalf of an
unincorporated area within that county, with the agreement of
that unincorporated area),'';
(B) in paragraph (4)(D)(i), by inserting ``(including a
county that is designated by the State to act on behalf of an
unincorporated area within that county)'' after ``of the
State''; and
(C) by adding at the end the following:
``(5) Savings provision.--Unless otherwise provided within
the agreement, an agreement between an unincorporated area
and a county for the county to submit a petition under
paragraph (1)(A) on behalf of the unincorporated area shall
not authorize the county to act on behalf of the
unincorporated area in any matter not within a program under
this section.''; and
(2) in subsection (e), in the first sentence, by striking
``2021'' and inserting ``2026''.
SEC. 104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
(a) Existing Programs.--Section 1459A of the Safe Drinking
Water Act (42 U.S.C. 300j-19a) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) the purchase of point-of-entry or point-of-use
filters and filtration systems that are certified by a third
party using science-based test methods for the removal of
contaminants of concern;
``(E) investments necessary for providing accurate and
current information about--
``(i) the need for filtration and filter safety, including
proper use and maintenance practices; and
``(ii) the options for replacing lead service lines (as
defined section 1459B(a)) and removing other sources of lead
in water; and
``(F) entering into contracts, including contracts with
nonprofit organizations that have water system technical
expertise, to assist--
``(i) an eligible entity; or
``(ii) the State of an eligible entity, on behalf of that
eligible entity.'';
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``An eligible entity'' and inserting
``Except for purposes of subsections (j) and (m), an eligible
entity'';
(3) in subsection (g)(1), by striking ``to pay not less
than 45 percent'' and inserting ``except as provided in
subsection (l)(5) and subject to subsection (h), to pay not
less than 10 percent'';
(4) by striking subsection (k) and inserting the following:
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out subsections (a)
through (j)--
``(1) $70,000,000 for fiscal year 2022;
``(2) $80,000,000 for fiscal year 2023;
``(3) $100,000,000 for fiscal year 2024;
``(4) $120,000,000 for fiscal year 2025; and
``(5) $140,000,000 for fiscal year 2026.''; and
(5) in subsection (l)--
(A) in paragraph (2)--
(i) by striking ``The Administrator may'' and inserting
``The Administrator shall''; and
(ii) by striking ``fiscal years 2019 and 2020'' and
inserting ``fiscal years 2022 through 2026'';
(B) in paragraph (5), by striking ``$4,000,000 for each of
fiscal years 2019 and 2020'' and inserting ``$25,000,000 for
each of fiscal years 2022 through 2026'';
(C) by redesignating paragraph (5) as paragraph (6); and
(D) by inserting after paragraph (4) the following:
``(5) Federal share for small, rural, and disadvantaged
communities.--
``(A) In general.--Subject to subparagraph (B), with
respect to a program or project that serves an eligible
entity and is carried out using a grant under this
subsection, the Federal share of the cost of the program or
project shall be 90 percent.
[[Page S2329]]
``(B) Waiver.--The Administrator may increase the Federal
share under subparagraph (A) to 100 percent if the
Administrator determines that an eligible entity is unable to
pay, or would experience significant financial hardship if
required to pay, the non-Federal share.''.
(b) Connection to Public Water Systems.--Section 1459A of
the Safe Drinking Water Act (42 U.S.C. 300j-19a) is amended
by adding at the end the following:
``(m) Connection to Public Water Systems.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) an owner or operator of a public water system that
assists or is seeking to assist eligible individuals with
connecting the household of the eligible individual to the
public water system; or
``(ii) a nonprofit entity that assists or is seeking to
assist eligible individuals with the costs associated with
connecting the household of the eligible individual to a
public water system.
``(B) Eligible individual.--The term `eligible individual'
has the meaning given the term in section 603(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(j)).
``(C) Program.--The term `program' means the competitive
grant program established under paragraph (2).
``(2) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
competitive grant program for the purpose of improving the
general welfare under which the Administrator awards grants
to eligible entities to provide funds to assist eligible
individuals in covering the costs incurred by the eligible
individual in connecting the household of the eligible
individual to a public water system.
``(3) Application.--An eligible entity seeking a grant
under the program shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
``(4) Voluntary connection.--Before providing funds to an
eligible individual for the costs described in paragraph (2),
an eligible entity shall ensure and certify to the
Administrator that--
``(A) the eligible individual is voluntarily seeking
connection to the public water system;
``(B) if the eligible entity is not the owner or operator
of the public water system to which the eligible individual
seeks to connect, the public water system to which the
eligible individual seeks to connect has agreed to the
connection; and
``(C) the connection of the household of the eligible
individual to the public water system meets all applicable
local and State regulations, requirements, and codes.
``(5) Report.--Not later than 3 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program,
which shall include a description of the use and deployment
of amounts made available under the program.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $20,000,000 for
each of fiscal years 2022 through 2026.''.
(c) Competitive Grant Pilot Program.--Section 1459A of the
Safe Drinking Water Act (42 U.S.C. 300j-19a) (as amended by
subsection (b)) is amended by adding at the end the
following:
``(n) State Competitive Grants for Underserved
Communities.--
``(1) In general.--In addition to amounts authorized to be
appropriated under subsection (k), there is authorized to be
appropriated to carry out subsections (a) through (j)
$50,000,000 for each of fiscal years 2022 through 2026 in
accordance with paragraph (2).
``(2) Competitive grants.--
``(A) In general.--Notwithstanding any other provision of
this section, the Administrator shall distribute amounts made
available under paragraph (1) to States through a competitive
grant program.
``(B) Applications.--To seek a grant under the competitive
grant program under subparagraph (A), a State shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require.
``(C) Criteria.--In selecting recipients of grants under
the competitive grant program under subparagraph (A), the
Administrator shall establish criteria that give priority to
States with a high proportion of underserved communities that
meet the condition described in subsection (a)(2)(A).
``(3) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the competitive
grant program under paragraph (2)(A), which shall include a
description of the use and deployment of amounts made
available under the competitive grant program.
``(4) Savings provision.--Nothing in this paragraph affects
the distribution of amounts made available under subsection
(k), including any methods used by the Administrator for
distribution of amounts made available under that subsection
as in effect on the day before the date of enactment of this
subsection.''.
SEC. 105. REDUCING LEAD IN DRINKING WATER.
Section 1459B of the Safe Drinking Water Act (42 U.S.C.
300j-19b) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraph (D) and
inserting the following:
``(D) a qualified nonprofit organization with experience in
lead reduction, as determined by the Administrator; and'';
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``publicly owned''; and
(ii) by striking clause (iii) and inserting the following:
``(iii) providing assistance to eligible entities to
replace lead service lines, with priority for disadvantaged
communities based on the affordability criteria established
by the applicable State under section 1452(d)(3), low-income
homeowners, and landlords or property owners providing
housing to low-income renters.''; and
(C) in paragraph (3), by striking ``an individual
provided'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (A), by striking ``to provide
assistance'' and all that follows through the period at the
end and inserting ``to replace lead service lines, with first
priority given to assisting disadvantaged communities based
on the affordability criteria established by the applicable
State under section 1452(d)(3), low-income homeowners, and
landlords or property owners providing housing to low-income
renters.''; and
(ii) in subparagraph (B), by striking ``line'' and
inserting ``lines''; and
(B) in paragraph (6)--
(i) in subparagraph (A), by striking ``any publicly owned
portion of'';
(ii) in subparagraph (C), in the matter preceding clause
(i)--
(I) by striking ``may'' and inserting ``shall'';
(II) by inserting ``and may, for other homeowners,'' after
``low-income homeowner,''; and
(III) by striking ``a cost that'' and all that follows
through the semicolon at the end of clause (ii) and inserting
``no cost to the homeowner;'';
(iii) in subparagraph (D), by striking ``and'' at the end;
(iv) in subparagraph (E), by striking ``other options'' and
all that follows through the period at the end and inserting
``feasible alternatives for reducing the concentration of
lead in drinking water, such as corrosion control; and''; and
(v) by adding at the end the following:
``(F) shall notify the State of any planned replacement of
lead service lines under this program and coordinate, where
practicable, with other relevant infrastructure projects.'';
(3) in subsection (d)--
(A) by inserting ``(except for subsection (d))'' after
``this section''; and
(B) by striking ``$60,000,000 for each of fiscal years 2017
through 2021'' and inserting ``$100,000,000 for each of
fiscal years 2022 through 2026'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(5) by inserting after subsection (c) the following:
``(d) Lead Inventorying Utilization Grant Pilot Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means a
municipality that is served by a community water system or a
nontransient noncommunity water system in which not less than
30 percent of the service lines are known, or suspected, to
contain lead, based on available data, information, or
resources, including existing lead inventorying.
``(B) Pilot program.--The term `pilot program' means the
pilot program established under paragraph (2).
``(2) Establishment.--The Administrator shall establish a
pilot program under which the Administrator shall provide
grants to eligible entities to carry out lead reduction
projects that are demonstrated to exist or are suspected to
exist, based on available data, information, or resources,
including existing lead inventorying of those eligible
entities.
``(3) Selection.--
``(A) Application.--To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(B) Prioritization.--In selecting recipients under the
pilot program, the Administrator shall give priority to--
``(i) an eligible entity that meets the affordability
criteria of the applicable State established under section
1452(d)(3); and
``(ii) an eligible entity that is located in an area other
than a State that has established affordability criteria
under section 1452(d)(3).
``(4) Report.--Not later 2 years after the Administrator
first awards a grant under the pilot program, the
Administrator shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report
describing--
``(A) the recipients of grants under the pilot program;
``(B) the existing lead inventorying that was available to
recipients of grants under the pilot program; and
``(C) how useful and accurate the lead inventorying
described in subparagraph (B)
[[Page S2330]]
was in locating lead service lines of the eligible entity.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out the pilot program
$10,000,000, to remain available until expended.''.
SEC. 106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) is amended by adding at the end the following:
``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC
WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a public corporation established by a unit of local
government to provide water service;
``(D) a nonprofit corporation, public trust, or cooperative
association that owns or operates a public water system;
``(E) an Indian Tribe that owns or operates a public water
system;
``(F) a nonprofit organization that provides technical
assistance to public water systems; and
``(G) a Tribal consortium.
``(2) Operational sustainability.--The term `operational
sustainability' means the ability to improve the operation of
a small system through the identification and prevention of
potable water loss due to leaks, breaks, and other metering
or infrastructure failures.
``(3) Program.--The term `program' means the grant program
established under subsection (b).
``(4) Small system.--The term `small system', for the
purposes of this section, means a public water system that--
``(A) serves fewer than 10,000 people; and
``(B) is owned or operated by--
``(i) a unit of local government;
``(ii) a public corporation;
``(iii) a nonprofit corporation;
``(iv) a public trust;
``(v) a cooperative association; or
``(vi) an Indian Tribe.
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a program
to award grants to eligible entities for the purpose of
improving the operational sustainability of 1 or more small
systems.
``(c) Applications.--To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
``(1) a proposal of the project to be carried out using
grant funds under the program;
``(2) documentation provided by the eligible entity
describing the deficiencies or suspected deficiencies in
operational sustainability of 1 or more small systems that
are to be addressed through the proposed project;
``(3) a description of how the proposed project will
improve the operational sustainability of 1 or more small
systems;
``(4) a description of how the improvements described in
paragraph (3) will be maintained beyond the life of the
proposed project, including a plan to maintain and update any
asset data collected as a result of the proposed project; and
``(5) any additional information the Administrator may
require.
``(d) Additional Required Information.--Before the award of
funds for a grant under the program to a grant recipient, the
grant recipient shall submit to the Administrator--
``(1) if the grant recipient is located in a State that has
established a State drinking water treatment revolving loan
fund under section 1452, a copy of a written agreement
between the grant recipient and the State in which the grant
recipient agrees to provide a copy of any data collected
under the proposed project to the State agency administering
the State drinking water treatment revolving loan fund (or a
designee); or
``(2) if the grant recipient is located in an area other
than a State that has established a State drinking water
treatment revolving loan fund under section 1452, a copy of a
written agreement between the grant recipient and the
Administrator in which the eligible entity agrees to provide
a copy of any data collected under the proposed project to
the Administrator (or a designee).
``(e) Use of Funds.--An eligible entity that receives a
grant under the program shall use the grant funds to carry
out projects that improve the operational sustainability of 1
or more small systems through--
``(1) the development of a detailed asset inventory, which
may include drinking water sources, wells, storage, valves,
treatment systems, distribution lines, hydrants, pumps,
controls, and other essential infrastructure;
``(2) the development of an infrastructure asset map,
including a map that uses technology such as--
``(A) geographic information system software; and
``(B) global positioning system software;
``(3) the deployment of leak detection technology;
``(4) the deployment of metering technology;
``(5) training in asset management strategies, techniques,
and technologies for appropriate staff employed by--
``(A) the eligible entity; or
``(B) the small systems for which the grant was received;
``(6) the deployment of strategies, techniques, and
technologies to enhance the operational sustainability and
effective use of water resources through water reuse; and
``(7) the development or deployment of other strategies,
techniques, or technologies that the Administrator may
determine to be appropriate under the program.
``(f) Cost Share.--
``(1) In general.--Subject to paragraph (2), the Federal
share of the cost of a project carried out using a grant
under the program shall be 90 percent of the total cost of
the project.
``(2) Waiver.--The Administrator may increase the Federal
share under paragraph (1) to 100 percent.
``(g) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program,
which shall include a description of the use and deployment
of amounts made available under the program.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2022 through 2026.''.
SEC. 107. MIDSIZE AND LARGE DRINKING WATER SYSTEM
INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY
PROGRAM.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 106) is amended by adding at the
end the following:
``SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM
INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY
PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
public water system that serves a community with a population
of 10,000 or more.
``(2) Natural hazard; resilience.--The terms `resilience'
and `natural hazard' have the meanings given those terms in
section 1433(h).
``(3) Resilience and sustainability program.--The term
`resilience and sustainability program' means the Midsize and
Large Drinking Water System Infrastructure Resilience and
Sustainability Program established under subsection (b).
``(b) Establishment.--The Administrator shall establish and
carry out a program, to be known as the `Midsize and Large
Drinking Water System Infrastructure Resilience and
Sustainability Program', under which the Administrator,
subject to the availability of appropriations for the
resilience and sustainability program, shall award grants to
eligible entities for the purpose of--
``(1) increasing resilience to natural hazards and extreme
weather events; and
``(2) reducing cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity may only use grant
funds received under the resilience and sustainability
program to assist in the planning, design, construction,
implementation, operation, or maintenance of a program or
project that increases resilience to natural hazards and
extreme weather events, or reduces cybersecurity
vulnerabilities, through--
``(1) the conservation of water or the enhancement of
water-use efficiency;
``(2) the modification or relocation of existing drinking
water system infrastructure made, or that is at risk of
being, significantly impaired by natural hazards or extreme
weather events, including risks to drinking water from
flooding;
``(3) the design or construction of new or modified
desalination facilities to serve existing communities;
``(4) the enhancement of water supply through the use of
watershed management and source water protection;
``(5) the enhancement of energy efficiency or the use and
generation of renewable energy in the conveyance or treatment
of drinking water;
``(6) the development and implementation of measures--
``(A) to increase the resilience of the eligible entity to
natural hazards and extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities;
``(7) the conservation of water or the enhancement of a
water supply through the implementation of water reuse
measures; or
``(8) the formation of regional water partnerships to
collaboratively address documented water shortages.
``(d) Application.--To seek a grant under the resilience
and sustainability program, an eligible entity shall submit
to the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require, including--
``(1) a proposal of the program or project to be planned,
designed, constructed, implemented, operated, or maintained
by the eligible entity;
``(2) an identification of the natural hazard risks,
extreme weather events, or potential cybersecurity
vulnerabilities, as applicable, to be addressed by the
proposed program or project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk,
potential cybersecurity vulnerability, or risk for extreme
weather events to the area where the proposed program or
project is to be located;
``(4) a description of any recent natural hazards,
cybersecurity events, or extreme
[[Page S2331]]
weather events that have affected the community water system
of the eligible entity;
``(5) a description of how the proposed program or project
would improve the performance of the community water system
of the eligible entity under the anticipated natural hazards,
cybersecurity vulnerabilities, or extreme weather events; and
``(6) an explanation of how the proposed program or project
is expected--
``(A) to enhance the resilience of the community water
system of the eligible entity to the anticipated natural
hazards or extreme weather events; or
``(B) to reduce cybersecurity vulnerabilities.
``(e) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the resilience
and sustainability program, which shall include a description
of the use and deployment of amounts made available to carry
out the resilience and sustainability program.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the resilience and sustainability program
$50,000,000 for each of fiscal years 2022 through 2026.
``(2) Use of funds.--Of the amounts made available under
paragraph (1) for grants to eligible entities under the
resilience and sustainability program--
``(A) 50 percent shall be used to provide grants to
eligible entities that serve a population of--
``(i) equal to or greater than 10,000; and
``(ii) fewer than 100,000; and
``(B) 50 percent shall be used to provide grants to
eligible entities that serve a population equal to or greater
than 100,000.
``(3) Administrative costs.--Of the amounts made available
under paragraph (1), not more than 2 percent may be used by
the Administrator for the administrative costs of carrying
out the resilience and sustainability program.''.
SEC. 108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE.
(a) Definitions.--In this section and section 109:
(1) Community water system.--The term ``community water
system'' has the meaning given the term in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f).
(2) Large water service provider.--The term ``large water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves
more than 100,000 people.
(3) Medium water service provider.--The term ``medium water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves
more than 10,000 people and not more than 100,000 people.
(4) Need.--The term ``need'', with respect to a qualifying
household, means the expenditure of a disproportionate amount
of household income on access to public drinking water or
wastewater services.
(5) Qualifying household.--The term ``qualifying
household'' means a household that--
(A) includes an individual who is--
(i) the holder of an account for drinking water or
wastewater service that is provided to that household by a
large water service provider, a medium water service
provider, or a rural water service provider; or
(ii) separately billed by a landlord that holds an account
with a large water service provider, a medium water service
provider, or a rural water service provider for the cost of
drinking water or wastewater service provided to that
household by the respective large water service provider,
medium water service provider, or rural water service
provider; and
(B) is determined--
(i) by a large water service provider, a medium water
service provider, or a rural water service provider to be
eligible for assistance through a low-income ratepayer
assistance program;
(ii) by the Governor of the State in which the household is
located to be low-income, based on the affordability criteria
established by the State under section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(d)(3));
(iii) by the Administrator to experience drinking water and
wastewater service costs that exceed the metrics of
affordability established in the most recent guidance of the
Administrator entitled ``Financial Capability Assessment
Guidance''; or
(iv) in the case of a household serviced by a rural water
service provider, by the State in which the household is
located to have an annual income that does not exceed the
greater of--
(I) an amount equal to 150 percent of the poverty level of
that State; and
(II) an amount equal to 60 percent of the State median
income for that State.
(6) Rural water service provider.--The term ``rural water
service provider'' means a community water system, treatment
works, or municipal separate storm sewer system that serves
not more than 10,000 people.
(7) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(b) Study; Report.--
(1) In general.--The Administrator shall conduct, and
submit to Congress a report describing the results of, a
study that examines the prevalence throughout the United
States of municipalities, public entities, or Tribal
governments that--
(A) are serviced by rural water service providers, medium
water service providers, or large water service providers
that service a disproportionate percentage, as determined by
the Administrator, of qualifying households with need; or
(B) as determined by the Administrator, have taken on an
unsustainable level of debt due to customer nonpayment for
the services provided by a large water service provider, a
medium water service provider, or a rural water service
provider.
(2) Affordability inclusions.--The report under paragraph
(1) shall include--
(A) a definition of the term ``affordable access to water
services'';
(B) a description of the criteria used in defining
``affordable access to water services'' under subparagraph
(A);
(C) a definition of the term ``lack of affordable access to
water services'';
(D) a description of the methodology and criteria used in
defining ``lack of affordable access to water services''
under subparagraph (C);
(E) a determination of the prevalence of a lack of
affordable access to water services, as defined under
subparagraph (C);
(F) the methodology and criteria used to determine the
prevalence of a lack of affordable access to water services
under subparagraph (E);
(G) any additional information with respect to the
affordable access to water services, as defined under
subparagraph (A), provided by rural water service providers,
medium water service providers, and large water service
providers;
(H) with respect to the development of the report, a
consultation with all relevant stakeholders, including rural
advocacy associations;
(I) recommendations of the Administrator regarding the best
methods to reduce the prevalence of a lack of affordable
access to water services, as defined under subparagraph (C);
and
(J) a description of the cost of each method described in
subparagraph (I).
(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
SEC. 109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT
PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a municipality, Tribal government, or other entity
that--
(i) owns or operates a community water system, treatment
works, or municipal separate storm sewer system; or
(ii) as determined by the Administrator, has taken on an
unsustainable level of debt due to customer nonpayment for
the services provided by a community water system, treatment
works, or municipal separate storm sewer system; and
(B) a State exercising primary enforcement responsibility
over a rural water service provider under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) or the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), as
applicable.
(2) Pilot program.--The term ``pilot program'' means the
pilot program established by the Administrator under
subsection (b)(1).
(3) Water services needs assessment.--The term ``water
services needs assessment'' means the report required under
section 108(b)(1).
(b) Establishment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall establish a
pilot program to award grants to eligible entities to develop
and implement programs to assist qualifying households with
need in maintaining access to drinking water and wastewater
treatment.
(2) Requirement.--In establishing the pilot program, the
Administrator shall ensure that data from the water services
needs assessment directly contributes to the structure of the
pilot program by informing the types of assistance and
criteria used for priority consideration with the
demonstrated need from the study conducted under section
108(b)(1) and the water services needs assessment.
(3) Use of funds limitations.--A grant under the pilot
program--
(A) shall not be used to replace funds for any existing
similar program; but
(B) may be used to supplement or enhance an existing
program, including a program that receives assistance from
other Federal grants.
(4) Term.--The term of a grant awarded under the pilot
program shall be subject to the availability of
appropriations.
(5) Types of assistance.--In establishing the pilot
program, the Administrator may include provisions for--
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or the community
water system owned by the eligible entity for debt that is
due to customer nonpayment for the services provided by the
eligible entity or the community water system that is
determined by the Administrator to be in the interest of
public health.
[[Page S2332]]
(6) Requirement.--The Administrator shall award not more
than 40 grants under the pilot program, of which--
(A) not more than 8 shall be to eligible entities that own,
operate, or exercise primary enforcement responsibility over
a rural water service provider under the Safe Drinking Water
Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as applicable;
(B) not more than 8 shall be to eligible entities that own
or operate a medium water service provider;
(C) not more than 8 shall be to eligible entities that own
or operate a large water service provider that serves not
more than 500,000 people;
(D) not more than 8 shall be to eligible entities that own
or operate a large water service provider that serves more
than 500,000 people; and
(E) not more than 8 shall be to eligible entities that own
or operate a community water system, treatment works, or
municipal separate storm sewer system that services a
disadvantaged community (consistent with the affordability
criteria established by the applicable State under section
1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(3)) or section 603(i)(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(i)(2)), as applicable).
(7) Criteria.--In addition to any priority criteria
established by the Administrator in response to the findings
in the water services needs assessment, in awarding grants
under the pilot program, the Administrator shall give
priority consideration to eligible entities that--
(A) serve a disproportionate percentage, as determined by
the Administrator, of qualifying households with need, as
identified in the water services needs assessment;
(B) are subject to State or Federal enforcement actions
relating to compliance with the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); or
(C) maintain or participate in an existing community
assistance program with objectives similar to the objectives
of the pilot program, as determined by the Administrator.
(8) Reporting requirements.--
(A) In general.--In addition to any other applicable
Federal or agency-specific grant reporting requirements, as a
condition of receiving a grant under the pilot program, an
eligible entity (or a State, on behalf of an eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the Administrator, the
use of grant funds by the eligible entity, including--
(i) key features of the assistance provided by the eligible
entity;
(ii) sources of funding used to supplement Federal funds;
and
(iii) eligibility criteria.
(B) Publication.--The Administrator shall publish each
report submitted under subparagraph (A).
(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State,
on behalf of an eligible entity, that receives a grant under
the pilot program to support implementation of the program.
(d) Report.--Not later than 2 years after the date on which
grant funds are first disbursed to an eligible entity (or a
State, on behalf of an eligible entity) under the program,
and every year thereafter for the duration of the terms of
the grants, the Administrator shall submit to Congress a
report on the results of the pilot program.
SEC. 110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
Section 1464 of the Safe Drinking Water Act (42 U.S.C.
300j-24) is amended--
(1) in subsection (b)--
(A) in the first sentence, by inserting ``public water
systems and'' after ``to assist''; and
(B) in the third sentence, by inserting ``public water
systems,'' after ``schools,''; and
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``and
Reduction'' after ``Lead Testing'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``the Administrator''
and all that follows through the period at the end and
inserting the following: ``the Administrator shall establish
a voluntary school and child care program lead testing,
compliance monitoring, and lead reduction grant program to
make grants available to--
``(i) States to assist local educational agencies, public
water systems that serve schools and child care programs
under the jurisdiction of those local educational agencies,
and qualified nonprofit organizations in voluntary testing or
compliance monitoring for and remediation of lead
contamination in drinking water at schools and child care
programs under the jurisdiction of those local educational
agencies; and
``(ii) tribal consortia to assist tribal education agencies
(as defined in section 3 of the National Environmental
Education Act (20 U.S.C. 5502)), public water systems that
serve schools and child care programs under the jurisdiction
of those tribal education agencies, and qualified nonprofit
organizations in voluntary testing or compliance monitoring
for and remediation of lead contamination in drinking water
at schools and child care programs under the jurisdiction of
those tribal education agencies.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting ``or
compliance monitoring for or remediation of lead
contamination'' after ``voluntary testing'';
(II) in clause (i), by striking ``or'' at the end;
(III) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(IV) by adding at the end the following:
``(iii) any public water system that is located in a State
that does not participate in the voluntary grant program
established under subparagraph (A) that--
``(I) assists schools or child care programs in lead
testing;
``(II) assists schools or child care programs with
compliance monitoring;
``(III) assists schools with carrying out projects to
remediate lead contamination in drinking water; or
``(IV) provides technical assistance to schools or child
care programs in carrying out lead testing; or
``(iv) a qualified nonprofit organization, as determined by
the Administrator.'';
(C) in paragraphs (3), (5), (6), and (7), by striking
``State or local educational agency'' each place it appears
and inserting ``State, local educational agency, public water
system, tribal consortium, or qualified nonprofit
organization'';
(D) in paragraph (4)--
(i) by striking ``States and local educational agencies''
and inserting ``States, local educational agencies, public
water systems, tribal consortia, and qualified nonprofit
organizations''; and
(ii) by inserting ``or the remediation of'' after ``testing
for'';
(E) in paragraph (6)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``State or local educational agency'' and
inserting ``State, local educational agency, public water
system, tribal consortium, or qualified nonprofit agency'';
and
(II) by inserting ``, public water system, tribal
consortium, or qualified nonprofit organization'' after
``each local educational agency'';
(ii) in subparagraph (A)(ii)--
(I) by inserting ``or tribal'' after ``applicable State'';
and
(II) by striking ``reducing lead'' and inserting
``voluntary testing or compliance monitoring for and
remediation of lead contamination''; and
(iii) in subparagraph (B)(i), by inserting ``applicable''
before ``local educational agency'';
(F) in paragraph (7), by striking ``testing for'' and
inserting ``testing or compliance monitoring for or
remediation of''; and
(G) by striking paragraph (8) and inserting the following:
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $30,000,000 for fiscal year 2022;
``(B) $35,000,000 for fiscal year 2023;
``(C) $40,000,000 for fiscal year 2024;
``(D) $45,000,000 for fiscal year 2025; and
``(E) $50,000,000 for fiscal year 2026.''.
SEC. 111. INDIAN RESERVATION DRINKING WATER PROGRAM.
Section 2001 of the America's Water Infrastructure Act of
2018 (42 U.S.C. 300j-3c note; Public Law 115-270) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Subject to the availability of appropriations, the
Administrator of the Environmental Protection Agency'' and
inserting ``The Administrator of the Environmental Protection
Agency (referred to in this section as the
`Administrator')''; and
(B) by striking ``to implement'' in the matter preceding
paragraph (1) and all that follows through the period at the
end of paragraph (2) and inserting ``to implement eligible
projects described in subsection (b).'';
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) that will--
``(A) improve water quality, water pressure, or water
services through means such as connecting to, expanding,
repairing, improving, or obtaining water from a public water
system (as defined in section 1401 of the Safe Drinking Water
Act (42 U.S.C. 300f)); or
``(B) improve water quality or sanitation or wastewater
services at a treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C. 1292)).'';
(3) by redesignating subsection (d) as subsection (g);
(4) by striking subsection (c) and inserting the following:
``(c) Required Projects.--
``(1) In general.--If sufficient projects exist, of the
funds made available to carry out this section, the
Administrator shall use 50 percent to carry out--
``(A) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin;
``(B) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin;
``(C) 10 eligible projects described in subsection (b) that
are within the Columbia River Basin;
``(D) 10 eligible projects described in subsection (b) that
are within the Lower Colorado River Basin; and
[[Page S2333]]
``(E) 10 eligible projects described in subsection (b) that
are within the Arkansas-White-Red River Basin.
``(2) Requirement.--In carrying out paragraph (1)(A), the
Administrator shall select not fewer than 2 eligible projects
for a reservation that serves more than 1 federally
recognized Indian Tribe.
``(d) Priority.--In selecting projects to carry out under
this section, the Administrator shall give priority to
projects that--
``(1) respond to emergency situations occurring due to or
resulting in a lack of access to clean drinking water that
threatens the health of Tribal populations;
``(2) would serve a Tribal population that would qualify as
a disadvantaged community based on the affordability criteria
established by the applicable State under section 1452(d)(3)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
``(3) would address the underlying factors contributing
to--
``(A) an enforcement action commenced pursuant to the Safe
Drinking Water Act (42 U.S.C. 300f et seq.) against the
applicable public water system (as defined in section 1401 of
that Act (42 U.S.C. 300f)) as of the date of enactment of the
Drinking Water and Wastewater Infrastructure Act of 2021; or
``(B) an enforcement action commenced pursuant to the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
against the applicable treatment works (as defined in section
212 of that Act (33 U.S.C. 1292)) as of the date of enactment
of the Drinking Water and Wastewater Infrastructure Act of
2021.
``(e) Federal Share.--The Federal share of the cost of a
project carried out under this section shall be 100 percent.
``(f) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program
established under subsection (a), which shall include a
description of the use and deployment of amounts made
available under that program.''; and
(5) in subsection (g) (as so redesignated)--
(A) by striking ``There is'' and inserting ``There are'';
(B) by striking ``subsection (a) $20,000,000'' and
inserting the following: ``subsection (a)--
``(1) $20,000,000'';
(C) in paragraph (1) (as so designated), by striking
``2022.'' and inserting ``2021; and''; and
(D) by adding at the end the following:
``(2) $50,000,000 for each of fiscal years 2022 through
2026.''.
SEC. 112. ADVANCED DRINKING WATER TECHNOLOGIES.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et
seq.) (as amended by section 107) is amended by adding at the
end the following:
``SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES.
``(a) Study.--
``(1) In general.--Subject to the availability of
appropriations, not later than 1 year after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall carry out a study that
examines the state of existing and potential future
technology, including technology that could address
cybersecurity vulnerabilities, that enhances or could enhance
the treatment, monitoring, affordability, efficiency, and
safety of drinking water provided by a public water system.
``(2) Report.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study under paragraph (1).
``(b) Advanced Drinking Water Technology Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means
the owner or operator of a public water system that--
``(i) serves--
``(I) a population of not more than 100,000 people; or
``(II) a community described in section 1459A(c)(2);
``(ii) has plans to identify or has identified
opportunities in the operations of the public water system to
employ new, existing, or emerging, yet proven, technologies,
including technology that could address cybersecurity
vulnerabilities, as determined by the Administrator, that
enhance treatment, monitoring, affordability, efficiency, or
safety of the drinking water provided by the public water
system, including technologies not identified in the study
conducted under subsection (a)(1); and
``(iii) has expressed an interest in the opportunities in
the operation of the public water system to employ new,
existing, or emerging, yet proven, technologies, including
technology that could address cybersecurity vulnerabilities,
as determined by the Administrator, that enhance treatment,
monitoring, affordability, efficiency, or safety of the
drinking water provided by the public water system, including
technologies not identified in the study conducted under
subsection (a)(1).
``(B) Program.--The term `program' means the competitive
grant program established under paragraph (2).
``(C) Underserved community.--The term `underserved
community' means a political subdivision of a State that, as
determined by the Administrator, has an inadequate system for
obtaining drinking water.
``(2) Establishment.--The Administrator shall establish a
competitive grant program under which the Administrator shall
award grants to eligible entities for the purpose of
identifying, deploying, or identifying and deploying
technologies described in paragraph (1)(A)(ii).
``(3) Requirements.--
``(A) Applications.--To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
``(B) Federal share.--
``(i) In general.--Subject to clause (ii), the Federal
share of the cost of a project carried out using a grant
under the program shall not exceed 90 percent of the total
cost of the project.
``(ii) Waiver.--The Administrator may increase the Federal
share under clause (i) to 100 percent if the Administrator
determines that an eligible entity is unable to pay, or would
experience significant financial hardship if required to pay,
the non-Federal share.
``(4) Report.--Not later than 2 years after the date on
which the Administrator first awards a grant under the
program, and annually thereafter, the Administrator shall
submit to Congress a report describing--
``(A) each recipient of a grant under the program during
the previous 1-year period; and
``(B) a summary of the activities carried out using grants
awarded under the program.
``(5) Funding.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $10,000,000 for
each of fiscal years 2022 through 2026, to remain available
until expended.
``(B) Administrative costs.--Not more than 2 percent of the
amount made available for a fiscal year under subparagraph
(A) to carry out the program may be used by the Administrator
for the administrative costs of carrying out the program.''.
SEC. 113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et
seq.) is amended by adding at the end the following:
``SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate Congressional committees' means--
``(A) the Committee on Environment and Public Works of the
Senate;
``(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(C) the Committee on Energy and Commerce of the House of
Representatives; and
``(D) the Committee on Homeland Security of the House of
Representatives.
``(2) Director.--The term `Director' means the Director of
the Cybersecurity and Infrastructure Security Agency.
``(3) Incident.--The term `incident' has the meaning given
the term in section 3552 of title 44, United States Code.
``(4) Prioritization framework.--The term `Prioritization
Framework' means the prioritization framework developed by
the Administrator under subsection (b)(1)(A).
``(5) Support plan.--The term `Support Plan' means the
Technical Cybersecurity Support Plan developed by the
Administrator under subsection (b)(2)(A).
``(b) Identification of and Support for Public Water
Systems.--
``(1) Prioritization framework.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator, in
coordination with the Director, shall develop a
prioritization framework to identify public water systems
(including sources of water for those public water systems)
that, if degraded or rendered inoperable due to an incident,
would lead to significant impacts on the health and safety of
the public.
``(B) Considerations.--In developing the Prioritization
Framework, to the extent practicable, the Administrator shall
incorporate consideration of--
``(i) whether cybersecurity vulnerabilities for a public
water system have been identified under section 1433;
``(ii) the capacity of a public water system to remediate a
cybersecurity vulnerability without additional Federal
support;
``(iii) whether a public water system serves a defense
installation or critical national security asset; and
``(iv) whether a public water system, if degraded or
rendered inoperable due to an incident, would cause a
cascading failure of other critical infrastructure.
``(2) Technical cybersecurity support plan.--
``(A) In general.--Not later than 270 days after the date
of enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, the Administrator, in
coordination with the Director and using existing authorities
of the Administrator and the Director for providing voluntary
support to public water systems and the Prioritization
Framework, shall develop a Technical Cybersecurity Support
Plan for public water systems.
``(B) Requirements.--The Support Plan--
``(i) shall establish a methodology for identifying
specific public water systems for
[[Page S2334]]
which cybersecurity support should be prioritized;
``(ii) shall establish timelines for making voluntary
technical support for cybersecurity available to specific
public water systems;
``(iii) may include public water systems identified by the
Administrator, in coordination with the Director, as needing
technical support for cybersecurity;
``(iv) shall include specific capabilities of the
Administrator and the Director that may be utilized to
provide support to public water systems under the Support
Plan, including--
``(I) site vulnerability and risk assessments;
``(II) penetration tests; and
``(III) any additional support determined to be appropriate
by the Administrator; and
``(v) shall only include plans for providing voluntary
support to public water systems.
``(3) Consultation required.--In developing the
Prioritization Framework pursuant to paragraph (1) and the
Support Plan pursuant to paragraph (2), the Administrator
shall consult with such Federal or non-Federal entities as
determined to be appropriate by the Administrator.
``(4) Reports required.--
``(A) Prioritization framework.--Not later than 190 days
after the date of enactment of the Drinking Water and
Wastewater Infrastructure Act of 2021, the Administrator
shall submit to the appropriate Congressional committees a
report describing the Prioritization Framework.
``(B) Technical cybersecurity support plan.--Not later than
280 days after the date of enactment of the Drinking Water
and Wastewater Infrastructure Act of 2021, the Administrator
shall submit to the appropriate Congressional committees--
``(i) the Support Plan; and
``(ii) a list describing any public water systems
identified by the Administrator, in coordination with the
Director, as needing technical support for cybersecurity
during the development of the Support Plan.
``(c) Rules of Construction.--Nothing in this section--
``(1) alters the existing authorities of the Administrator;
or
``(2) compels a public water system to accept technical
support offered by the Administrator.''.
SEC. 114. STATE RESPONSE TO CONTAMINANTS.
Section 1459A(j)(1) of the Safe Drinking Water Act (42
U.S.C. 300j-19a(j)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``an underserved community'' and inserting ``a community
described in subsection (c)(2)''; and
(2) in subparagraph (A)(i), by striking ``such
underserved'' and inserting ``that''.
SEC. 115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall conduct a study on the prevalence of boil
water advisories issued in the United States.
(b) Report.--
(1) In general.--The Administrator shall submit to Congress
a report describing the results of the most recent study
conducted under subsection (a) as part of the annual budget
request transmitted to Congress under section 1105(a) of
title 31, United States Code.
(2) Requirement.--In the annual report required under
paragraph (1), the Administrator shall include a description
of the reasons for which boil water advisories were issued
during the year covered by the report.
TITLE II--CLEAN WATER
SEC. 201. RESEARCH, INVESTIGATIONS, TRAINING, AND
INFORMATION.
(a) Reauthorization.--Section 104(u) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``and (7)'' and inserting ``(7)''; and
(2) in paragraph (7)--
(A) by striking ``2023'' and inserting ``2021''; and
(B) by striking the period at the end and inserting ``; and
(8) not to exceed $75,000,000 for each of fiscal years 2022
through 2026 for carrying out subsections (b)(3), (b)(8), and
(g), of which not less than $50,000,000 each fiscal year
shall be used to carry out subsection (b)(8).''.
(b) Communication.--Each nonprofit organization that
receives funding under paragraph (8) of section 104(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1254(b))
shall, before using that funding to undertake activities to
carry out that paragraph, consult with the State in which the
assistance is to be expended or otherwise made available.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that describes the implementation of the
grants authorized under subsections (b)(3), (b)(8), and (g)
of section 104 of the Federal Water Pollution Control Act (33
U.S.C. 1254), which shall include a description of the grant
recipients and grant amounts made available to carry out
those subsections.
SEC. 202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a
wastewater efficiency grant pilot program (referred to in
this section as the `pilot program') to award grants to
owners or operators of publicly owned treatment works to
carry out projects that create or improve waste-to-energy
systems.
``(b) Selection.--
``(1) Applications.--To be eligible to receive a grant
under the pilot program, an owner or operator of a treatment
works shall submit to the Administrator an application at
such time, in such manner, and containing such information as
the Administrator may require.
``(2) Number of recipients.--The Administrator shall select
not more than 15 recipients of grants under the pilot program
from applications submitted under paragraph (1).
``(c) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a recipient of
a grant under the pilot program may use grant funds for--
``(A) sludge collection;
``(B) installation of anaerobic digesters;
``(C) methane capture;
``(D) methane transfer;
``(E) facility upgrades and retrofits necessary to create
or improve waste-to-energy systems; and
``(F) other new and emerging, but proven, technologies that
transform waste to energy.
``(2) Limitation.--A grant to a recipient under the pilot
program shall be not more than $4,000,000.
``(d) Reports.--
``(1) Report to the administrator.--Not later than 2 years
after receiving a grant under the pilot program and each year
thereafter for which amounts are made available for the pilot
program under subsection (e), the recipient of the grant
shall submit to the Administrator a report describing the
impact of that project on the communities within 3 miles of
the treatment works.
``(2) Report to congress.--Not later than 1 year after
first awarding grants under the pilot program and each year
thereafter for which amounts are made available for the pilot
program under subsection (e), the Administrator shall submit
to Congress a report describing--
``(A) the applications received by the Administrator for
grants under the pilot program; and
``(B) the projects for which grants were awarded under the
pilot program.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the pilot program $20,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE
PROJECTS.
Section 220 of the Federal Water Pollution Control Act (33
U.S.C. 1300) is amended--
(1) in subsection (b), in the heading, by striking ``In
General'' and inserting ``Establishment'';
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``construction'' before
``funds'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(3) by striking subsection (e);
(4) in subsection (i)--
(A) in the matter preceding paragraph (1), by striking ``,
the following definitions apply''; and
(B) in paragraph (1), in the first sentence, by striking
``water or wastewater or by treating wastewater'' and
inserting ``water, wastewater, or stormwater or by treating
wastewater or stormwater for groundwater recharge, potable
reuse, or other purposes'';
(5) in subsection (j)--
(A) in the first sentence, by striking ``There is'' and
inserting the following:
``(1) In general.--There is'';
(B) in paragraph (1) (as so designated), by striking ``a
total of $75,000,000 for fiscal years 2002 through 2004. Such
sums shall'' and inserting ``$25,000,000 for each of fiscal
years 2022 through 2026, to''; and
(C) by adding at the end the following:
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''; and
(6) by redesignating subsections (b), (c), (d), (i), and
(j) as subsections (c), (d), (e), (b), and (i), respectively,
and moving those subsections so as to appear in alphabetical
order.
SEC. 204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (a)(1) --
(A) in subparagraph (A), by striking ``and'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) notification systems to inform the public of combined
sewer or sanitary overflows that result in sewage being
released into rivers and other waters; and'';
(2) in subsection (d)--
[[Page S2335]]
(A) in the second sentence, by striking ``The non-Federal
share of the cost'' and inserting the following:
``(3) Types of non-federal share.--The applicable non-
Federal share of the cost under this subsection'';
(B) in the first sentence, by striking ``The Federal'' and
inserting the following:
``(1) In general.--The Federal''; and
(C) by inserting after paragraph (1) (as so designated) the
following:
``(2) Rural and financially distressed communities.--To the
maximum extent practicable, the Administrator shall work with
States to prevent the non-Federal share requirements under
this subsection from being passed on to rural communities and
financially distressed communities (as those terms are
defined in subsection (f)(2)(B)(i)).'';
(3) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated
to carry out this section $280,000,000 for each of fiscal
years 2022 through 2026.''; and
(B) in paragraph (2)--
(i) by striking ``To the extent'' and inserting the
following:
``(A) Green projects.--To the extent''; and
(ii) by adding at the end the following:
``(B) Rural or financially distressed community
allocation.--
``(i) Definitions.--In this subparagraph:
``(I) Financially distressed community.--The term
`financially distressed community' has the meaning given the
term in subsection (c)(1).
``(II) Rural community.--The term `rural community' means a
city, town, or unincorporated area that has a population of
not more than 10,000 inhabitants.
``(ii) Allocation.--
``(I) In general.--To the extent there are sufficient
eligible project applications, the Administrator shall ensure
that a State uses not less than 25 percent of the amount of
the grants made to the State under subsection (a) in a fiscal
year to carry out projects in rural communities or
financially distressed communities for the purpose of
planning, design, and construction of--
``(aa) treatment works to intercept, transport, control,
treat, or reuse municipal sewer overflows, sanitary sewer
overflows, or stormwater; or
``(bb) any other measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water eligible
for assistance under section 603(c).
``(II) Rural communities.--Of the funds allocated under
subclause (I) for the purposes described in that subclause,
to the extent there are sufficient eligible project
applications, the Administrator shall ensure that a State
uses not less than 60 percent to carry out projects in rural
communities.''; and
(4) in subsection (i)--
(A) in the second sentence, by striking ``The recommended
funding levels'' and inserting the following:
``(B) Requirement.--The funding levels recommended under
subparagraph (A)(i)'';
(B) in the first sentence, by striking ``Not later'' and
inserting the following:
``(1) Periodic reports.--
``(A) In general.--Not later'';
(C) in paragraph (1)(A) (as so designated)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking ``containing recommended'' and inserting
the following: ``containing--
``(i) recommended''; and
(iii) by adding at the end the following:
``(ii) a description of the extent to which States pass
costs associated with the non-Federal share requirements
under subsection (d) to local communities, with a focus on
rural communities and financially distressed communities (as
those terms are defined in subsection (f)(2)(B)(i)).''; and
(D) by adding at the end the following:
``(2) Use of funds.--Not later than 2 years after the date
of enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, 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 a report that describes the
implementation of the grant program under this section, which
shall include a description of the grant recipients, sources
of funds for non-Federal share requirements under subsection
(d), and grant amounts made available under the program.''.
SEC. 205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 202) is amended
by adding at the end the following:
``SEC. 223. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
SUSTAINABILITY PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality; or
``(B) an intermunicipal, interstate, or State agency.
``(2) Natural hazard.--The term `natural hazard' means a
hazard caused by natural forces, including extreme weather
events, sea-level rise, and extreme drought conditions.
``(3) Program.--The term `program' means the clean water
infrastructure resilience and sustainability program
established under subsection (b).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator shall establish a clean
water infrastructure resilience and sustainability program
under which the Administrator shall award grants to eligible
entities for the purpose of increasing the resilience of
publicly owned treatment works to a natural hazard or
cybersecurity vulnerabilities.
``(c) Use of Funds.--An eligible entity that receives a
grant under the program shall use the grant funds for
planning, designing, or constructing projects (on a system-
wide or area-wide basis) that increase the resilience of a
publicly owned treatment works to a natural hazard or
cybersecurity vulnerabilities through--
``(1) the conservation of water;
``(2) the enhancement of water use efficiency;
``(3) the enhancement of wastewater and stormwater
management by increasing watershed preservation and
protection, including through the use of--
``(A) natural and engineered green infrastructure; and
``(B) reclamation and reuse of wastewater and stormwater,
such as aquifer recharge zones;
``(4) the modification or relocation of an existing
publicly owned treatment works, conveyance, or discharge
system component that is at risk of being significantly
impaired or damaged by a natural hazard;
``(5) the development and implementation of projects to
increase the resilience of publicly owned treatment works to
a natural hazard or cybersecurity vulnerabilities, as
applicable; or
``(6) the enhancement of energy efficiency or the use and
generation of recovered or renewable energy in the
management, treatment, or conveyance of wastewater or
stormwater.
``(d) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
``(1) a proposal of the project to be planned, designed, or
constructed using funds under the program;
``(2) an identification of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, to be addressed
by the proposed project;
``(3) documentation prepared by a Federal, State, regional,
or local government agency of the natural hazard risk of the
area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, of the area where
the proposed project is to be located;
``(4) a description of any recent natural hazard risk of
the area where the proposed project is to be located or
potential cybersecurity vulnerabilities that have affected
the publicly owned treatment works;
``(5) a description of how the proposed project would
improve the performance of the publicly owned treatment works
under an anticipated natural hazard or natural hazard risk of
the area where the proposed project is to be located or a
potential cybersecurity vulnerability, as applicable; and
``(6) an explanation of how the proposed project is
expected to enhance the resilience of the publicly owned
treatment works to a natural hazard risk of the area where
the proposed project is to be located or a potential
cybersecurity vulnerability, as applicable.
``(e) Grant Amount and Other Federal Requirements.--
``(1) Cost share.--Except as provided in paragraph (2), a
grant under the program shall not exceed 75 percent of the
total cost of the proposed project.
``(2) Exception.--
``(A) In general.--Except as provided in subparagraph (B),
a grant under the program shall not exceed 90 percent of the
total cost of the proposed project if the project serves a
community that--
``(i) has a population of fewer than 10,000 individuals; or
``(ii) meets the affordability criteria established by the
State in which the community is located under section
603(i)(2).
``(B) Waiver.--At the discretion of the Administrator, a
grant for a project described in subparagraph (A) may cover
100 percent of the total cost of the proposed project.
``(3) Requirements.--The requirements of section 608 shall
apply to a project funded with a grant under the program.
``(f) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program,
which shall include an accounting of all grants awarded under
the program, including a description of each grant recipient
and each project funded using a grant under the program.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $25,000,000 for each of fiscal
years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS
CIRCUIT RIDER PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as
[[Page S2336]]
amended by section 205) is amended by adding at the end the
following:
``SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS
CIRCUIT RIDER PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this section, the Administrator shall establish
a circuit rider program (referred to in this section as the
`circuit rider program') under which the Administrator shall
award grants to qualified nonprofit entities, as determined
by the Administrator, to provide assistance to owners and
operators of small and medium publicly owned treatment works
to carry out the activities described in section 602(b)(13).
``(b) Limitation.--A grant provided under the circuit rider
program shall be in an amount that is not more than $75,000.
``(c) Prioritization.--In selecting recipients of grants
under the circuit rider program, the Administrator shall give
priority to qualified nonprofit entities, as determined by
the Administrator, that would serve a community that--
``(1) has a history, for not less than the 10 years prior
to the award of the grant, of unresolved wastewater issues,
stormwater issues, or a combination of wastewater and
stormwater issues;
``(2) is considered financially distressed;
``(3) faces the cumulative burden of stormwater and
wastewater overflow issues; or
``(4) has previously failed to access Federal technical
assistance due to cost-sharing requirements.
``(d) Communication.--Each qualified nonprofit entity that
receives funding under this section shall, before using that
funding to undertake activities to carry out this section,
consult with the State in which the assistance is to be
expended or otherwise made available.
``(e) Report.--Not later than 2 years after the date on
which the Administrator establishes the circuit rider
program, and every 2 years thereafter, the Administrator
shall submit to Congress a report describing--
``(1) each recipient of a grant under the circuit rider
program; and
``(2) a summary of the activities carried out under the
circuit rider program.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for the period of
fiscal years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY
GRANT PROGRAM.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 206) is amended
by adding at the end the following:
``SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY
GRANT PROGRAM.
``(a) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this section, the Administrator shall establish
an efficiency grant program (referred to in this section as
the `efficiency grant program') under which the Administrator
shall award grants to eligible entities for the replacement
or repair of equipment that improves water or energy
efficiency of small publicly owned treatment works, as
identified in an efficiency audit.
``(b) Eligible Entities.--The Administrator may award a
grant under the efficiency grant program to--
``(1) an owner or operator of a small publicly owned
treatment works that serves--
``(A) a population of not more than 10,000 people; or
``(B) a disadvantaged community; or
``(2) a nonprofit organization that seeks to assist a small
publicly owned treatment works described in paragraph (1) to
carry out the activities described in subsection (a).
``(c) Report.--Not later than 2 years after the date on
which the Administrator establishes the efficiency grant
program, and every 2 years thereafter, the Administrator
shall submit to Congress a report describing--
``(1) each recipient of a grant under the efficiency grant
program; and
``(2) a summary of the activities carried out under the
efficiency grant program.
``(d) Use of Funds.--
``(1) Small systems.--Of the amounts made available for
grants under this section, to the extent that there are
sufficient applications, not less than 15 percent shall be
used for grants to publicly owned treatment works that serve
fewer than 3,300 people.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under this section, not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF
INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER
SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOME.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 207) is amended
by adding at the end the following:
``SEC. 226. GRANTS FOR CONSTRUCTION AND REFURBISHING OF
INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER
SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE
INCOME.
``(a) Definition of Eligible Individual.--In this section,
the term `eligible individual' means a member of a low-income
or moderate-income household, the members of which have a
combined income (for the most recent 12-month period for
which information is available) equal to not more than 50
percent of the median nonmetropolitan household income for
the State or territory in which the household is located,
according to the most recent decennial census.
``(b) Grant Program.--
``(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a program
under which the Administrator shall provide grants to private
nonprofit organizations for the purpose of improving general
welfare by providing assistance to eligible individuals--
``(A) for the construction, repair, or replacement of an
individual household decentralized wastewater treatment
system; or
``(B) for the installation of a larger decentralized
wastewater system designed to provide treatment for 2 or more
households in which eligible individuals reside, if--
``(i) site conditions at the households are unsuitable for
the installation of an individually owned decentralized
wastewater system;
``(ii) multiple examples of unsuitable site conditions
exist in close geographic proximity to each other; and
``(iii) a larger decentralized wastewater system could be
cost-effectively installed.
``(2) Application.--To be eligible to receive a grant under
this subsection, a private nonprofit organization shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator determines to be appropriate.
``(3) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to applicants that have
substantial expertise and experience in promoting the safe
and effective use of individual household decentralized
wastewater systems.
``(4) Administrative expenses.--A private nonprofit
organization may use amounts provided under this subsection
to pay the administrative expenses associated with the
provision of the services described in paragraph (1), as the
Administrator determines to be appropriate.
``(c) Grants.--
``(1) In general.--Subject to paragraph (2), a private
nonprofit organization shall use a grant provided under
subsection (b) for the services described in paragraph (1) of
that subsection.
``(2) Application.--To be eligible to receive the services
described in subsection (b)(1), an eligible individual shall
submit to the private nonprofit organization serving the area
in which the individual household decentralized wastewater
system of the eligible individuals is, or is proposed to be,
located an application at such time, in such manner, and
containing such information as the private nonprofit
organization determines to be appropriate.
``(3) Priority.--In awarding grants under this subsection,
a private nonprofit organization shall give priority to any
eligible individual who does not have access to a sanitary
sewage disposal system.
``(d) Report.--Not later than 2 years after the date of
enactment of this section, 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 a report describing the recipients
of grants under the program under this section and the
results of the program under this section.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator to carry out this section $50,000,000
for each of fiscal years 2022 through 2026.
``(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.''.
SEC. 209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 208) is amended
by adding at the end the following:
``SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) an owner or operator of a publicly owned treatment
works that assists or is seeking to assist low-income or
moderate-income individuals with connecting the household of
the individual to the publicly owned treatment works; or
``(B) a nonprofit entity that assists low-income or
moderate-income individuals with the costs associated with
connecting the household of the individual to a publicly
owned treatment works.
``(2) Program.--The term `program' means the competitive
grant program established under subsection (b).
``(3) Qualified individual.--The term `qualified
individual' has the meaning given the term `eligible
individual' in section 603(j).
``(b) Establishment.--Subject to the availability of
appropriations, the Administrator
[[Page S2337]]
shall establish a competitive grant program with the purpose
of improving general welfare, under which the Administrator
awards grants to eligible entities to provide funds to assist
qualified individuals in covering the costs incurred by the
qualified individual in connecting the household of the
qualified individual to a publicly owned treatment works.
``(c) Application.--
``(1) In general.--An eligible entity seeking a grant under
the program shall submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may by regulation require.
``(2) Requirement.--Not later than 90 days after the date
on which the Administrator receives an application from an
eligible entity under paragraph (1), the Administrator shall
notify the eligible entity of whether the Administrator will
award a grant to the eligible entity under the program.
``(d) Selection Criteria.--In selecting recipients of
grants under the program, the Administrator shall use the
following criteria:
``(1) Whether the eligible entity seeking a grant provides
services to, or works directly with, qualified individuals.
``(2) Whether the eligible entity seeking a grant--
``(A) has an existing program to assist in covering the
costs incurred in connecting a household to a publicly owned
treatment works; or
``(B) seeks to create a program described in subparagraph
(A).
``(e) Requirements.--
``(1) Voluntary connection.--Before providing funds to a
qualified individual for the costs described in subsection
(b), an eligible entity shall ensure that--
``(A) the qualified individual has connected to the
publicly owned treatment works voluntarily; and
``(B) if the eligible entity is not the owner or operator
of the publicly owned treatment works to which the qualified
individual has connected, the publicly owned treatment works
to which the qualified individual has connected has agreed to
the connection.
``(2) Reimbursements from publicly owned treatment works.--
An eligible entity that is an owner or operator of a publicly
owned treatment works may reimburse a qualified individual
that has already incurred the costs described in subsection
(b) by--
``(A) reducing the amount otherwise owed by the qualified
individual to the owner or operator for wastewater or other
services provided by the owner or operator; or
``(B) providing a direct payment to the qualified
individual.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out the program $40,000,000 for each of fiscal years
2022 through 2026.
``(2) Limitations on use of funds.--
``(A) Small systems.--Of the amounts made available for
grants under paragraph (1), to the extent that there are
sufficient applications, not less than 15 percent shall be
used to make grants to--
``(i) eligible entities described in subsection (a)(1)(A)
that are owners and operators of publicly owned treatment
works that serve fewer than 3,300 people; and
``(ii) eligible entities described in subsection (a)(1)(B)
that provide the assistance described in that subsection in
areas that are served by publicly owned treatment works that
serve fewer than 3,300 people.
``(B) Administrative costs.--Of the amounts made available
for grants under paragraph (1), not more than 2 percent may
be used to pay the administrative costs of the
Administrator.''.
SEC. 210. CLEAN WATER STATE REVOLVING FUNDS.
(a) Use of Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d), in the matter preceding paragraph
(1), by inserting ``and provided in subsection (k)'' after
``State law'';
(B) in subsection (i)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``, including forgiveness of principal and
negative interest loans'' and inserting ``(including
forgiveness of principal, grants, negative interest loans,
other loan forgiveness, and through buying, refinancing, or
restructuring debt)''; and
(ii) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Total amount of subsidization.--
``(i) In general.--For each fiscal year, of the amount of
the capitalization grant received by the State under this
title, the total amount of additional subsidization made
available by a State under paragraph (1)--
``(I) may not exceed 30 percent; and
``(II) to the extent that there are sufficient applications
for assistance to communities described in that paragraph,
may not be less than 10 percent.
``(ii) Exclusion.--A loan from the water pollution control
revolving fund of a State with an interest rate equal to or
greater than 0 percent shall not be considered additional
subsidization for purposes of this subparagraph.''; and
(C) by adding at the end the following:
``(k) Additional Use of Funds.--A State may use an
additional 2 percent of the funds annually awarded to each
State under this title for nonprofit organizations (as
defined in section 104(w)) or State, regional, interstate, or
municipal entities to provide technical assistance to rural,
small, and tribal publicly owned treatment works (within the
meaning of section 104(b)(8)(B)) in the State.''.
(2) Technical amendment.--Section 104(w) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(w)) is amended by
striking ``treatments works'' and inserting ``treatment
works''.
(b) Capitalization Grant Reauthorization.--Section 607 of
the Federal Water Pollution Control Act (33 U.S.C. 1387) is
amended to read as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
purposes of this title--
``(1) $2,400,000,000 for fiscal year 2022;
``(2) $2,750,000,000 for fiscal year 2023;
``(3) $3,000,000,000 for fiscal year 2024; and
``(4) $3,250,000,000 for each of fiscal years 2025 and
2026.''.
SEC. 211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
Section 4304 of the America's Water Infrastructure Act of
2018 (42 U.S.C. 300j-19e) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``Tribal,'' after
``State,''; and
(B) in subparagraph (B), by striking ``community-based
organizations'' and all that follows through the period at
the end and inserting the following: ``community-based
organizations and public works departments or agencies to
align water and wastewater utility workforce recruitment
efforts, training programs, retention efforts, and community
resources with water and wastewater utilities--
``(i) to accelerate career pipelines;
``(ii) to ensure the sustainability of the water and
wastewater utility workforce; and
``(iii) to provide access to workforce opportunities.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) in subparagraph (A), by striking ``; and'' at the end
and inserting ``, which may include--''
(iii) in the matter preceding subparagraph (A), by striking
``program--'' and all that follows through ``to assist'' in
subparagraph (A) and inserting ``program to assist''; and
(iv) by adding at the end the following:
``(A) expanding the use and availability of activities and
resources that relate to the recruitment, including the
promotion of diversity within that recruitment, of
individuals to careers in the water and wastewater utility
sector;
``(B) expanding the availability of training opportunities
for--
``(i) individuals entering into the water and wastewater
utility sector; and
``(ii) individuals seeking to advance careers within the
water and wastewater utility sector; and
``(C) expanding the use and availability of activities and
strategies, including the development of innovative
activities and strategies, that relate to the maintenance and
retention of a sustainable workforce in the water and
wastewater utility sector.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``institutions--'' and inserting ``institutions, or public
works departments and agencies--''; and
(ii) in subparagraph (A)--
(I) by striking clauses (ii) and (iii);
(II) in clause (i), by adding ``or'' at the end;
(III) by redesignating clause (i) as clause (ii);
(IV) by inserting before clause (ii) (as so redesignated)
the following:
``(i) in the development of educational or recruitment
materials and activities, including those materials and
activities that specifically promote diversity within
recruitment, for the water and wastewater utility
workforce;''; and
(V) by adding at the end the following:
``(iii) developing activities and strategies that relate to
the maintenance and retention of a sustainable workforce in
the water and wastewater utility sector; and'';
(C) in paragraph (3)--
(i) in subparagraph (D)(ii), by inserting ``or
certification'' after ``training''; and
(ii) in subparagraph (E), by striking ``ensure that
incumbent water and waste water utilities workers'' and
inserting ``are designed to retain incumbent water and
wastewater utility workforce workers by ensuring that those
workers''; and
(D) by striking paragraph (4) and inserting the following:
``(4) Working group; report.--
``(A) In general.--The Administrator shall establish and
coordinate a Federal interagency working group to address
recruitment, training, and retention challenges in the water
and wastewater utility workforce, which shall include
representatives from--
``(i) the Department of Education;
``(ii) the Department of Labor;
``(iii) the Department of Agriculture;
``(iv) the Department of Veterans Affairs; and
``(v) other Federal agencies, as determined to be
appropriate by the Administrator.
``(B) Report.--Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastructure
Act of 2021, the Administrator, in coordination with the
working group established under subparagraph (A), shall
submit to Congress a report
[[Page S2338]]
describing potential solutions to recruitment, training, and
retention challenges in the water and wastewater utility
workforce.
``(C) Consultation.--In carrying out the duties of the
working group established under subparagraph (A), the working
group shall consult with State operator certification
programs.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2022 through 2026.'';
(3) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(4) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Public Works Department or Agency.--In
this section, the term `public works department or agency'
means a political subdivision of a local, county, or regional
government that designs, builds, operates, and maintains
water infrastructure, sewage and refuse disposal systems, and
other public water systems and facilities.''.
SEC. 212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND
NATIVE VILLAGES.
Section 303 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1263a) is amended--
(1) in subsection (b), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in subsection (e), by striking ``this section'' and all
that follows through the period at the end and inserting the
following: ``this section--
``(1) $40,000,000 for each of fiscal years 2022 through
2024;
``(2) $50,000,000 for fiscal year 2025; and
``(3) $60,000,000 for fiscal year 2026.''.
SEC. 213. WATER DATA SHARING PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations, the Administrator shall establish a
competitive grant pilot program (referred to in this section
as the ``pilot program'') under which the Administrator may
award grants to eligible entities under subsection (b) to
establish systems that improve the sharing of information
concerning water quality, water infrastructure needs, and
water technology, including cybersecurity technology, between
States or among counties and other units of local government
within a State, which may include--
(A) establishing a website or data hub to exchange water
data, including data on water quality or water technology,
including new and emerging, but proven, water technology; and
(B) intercounty communications initiatives related to water
data.
(2) Requirements.--
(A) Data sharing.--The Internet of Water principles
developed by the Nicholas Institute for Environmental Policy
Solutions shall, to the extent practicable, guide any water
data sharing efforts under the pilot program.
(B) Use of existing data.--The recipient of a grant under
the pilot program to establish a website or data hub
described in paragraph (1)(A) shall, to the extent
practicable, leverage existing data sharing infrastructure.
(b) Eligible Entities.--An entity eligible for a grant
under the pilot program is--
(1) a State, county, or other unit of local government
that--
(A) has a coastal watershed with significant pollution
levels;
(B) has a water system with significant pollution levels;
or
(C) has significant individual water infrastructure
deficits; or
(2) a regional consortium established under subsection (d).
(c) Applications.--To be eligible to receive a grant under
the pilot program, an eligible entity under subsection (b)
shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(d) Regional Consortia.--
(1) Establishment.--States may establish regional consortia
in accordance with this subsection.
(2) Requirements.--A regional consortium established under
paragraph (1) shall--
(A) include not fewer than 2 States that have entered into
a memorandum of understanding--
(i) to exchange water data, including data on water
quality; or
(ii) to share information, protocols, and procedures with
respect to projects that evaluate, demonstrate, or install
new and emerging, but proven, water technology;
(B) carry out projects--
(i) to exchange water data, including data on water
quality; or
(ii) that evaluate, demonstrate, or install new and
emerging, but proven, water technology; and
(C) develop a regional intended use plan, in accordance
with paragraph (3), to identify projects to carry out,
including projects using grants received under this section.
(3) Regional intended use plan.--A regional intended use
plan of a regional consortium established under paragraph
(1)--
(A) shall identify projects that the regional consortium
intends to carry out, including projects that meet the
requirements of paragraph (2)(B); and
(B) may include--
(i) projects included in an intended use plan of a State
prepared under section 606(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1386(c)) within the regional
consortium; and
(ii) projects not included in an intended use plan of a
State prepared under section 606(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1386(c)) within the regional
consortium.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that describes the implementation of the
pilot program, which shall include--
(1) a description of the use and deployment of amounts made
available under the pilot program; and
(2) an accounting of all grants awarded under the program,
including a description of each grant recipient and each
project funded using a grant under the pilot program.
(f) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out the pilot program $15,000,000
for each of fiscal years 2022 through 2026, to remain
available until expended.
(2) Requirement.--Of the funds made available under
paragraph (1), not more than 35 percent may be used to
provide grants to regional consortia established under
subsection (d).
SEC. 214. FINAL RATING OPINION LETTERS.
Section 5028(a)(1)(D)(ii) of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C.
3907(a)(1)(D)(ii)) is amended by striking ``final rating
opinion letters from at least 2 rating agencies'' and
inserting ``a final rating opinion letter from at least 1
rating agency''.
SEC. 215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
(a) In General.--Section 5033 of the Water Infrastructure
Finance and Innovation Act of 2014 (33 U.S.C. 3912) is
amended--
(1) in subsection (a), by adding at the end the following:
``(3) Fiscal years 2022 through 2026.--There is authorized
to be appropriated to the Administrator to carry out this
subtitle $50,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.'';
(2) in subsection (b)(2)--
(A) in the paragraph heading, by striking ``2020 and 2021''
and inserting ``after 2019''; and
(B) by striking ``2020 and 2021'' and inserting ``2022
through 2026''; and
(3) in subsection (e)(1), by striking ``2020 and 2021'' and
inserting ``2022 through 2026''.
(b) Outreach Plan.--The Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by
adding at the end the following:
``SEC. 5036. OUTREACH PLAN.
``(a) Definition of Rural Community.--In this section, the
term `rural community' means a city, town, or unincorporated
area that has a population of not more than 10,000
inhabitants.
``(b) Outreach Required.--Not later than 180 days after the
date of enactment of this section, the Administrator, in
consultation with relevant Federal agencies, shall develop
and begin implementation of an outreach plan to promote
financial assistance available under this subtitle to small
communities and rural communities.''.
SEC. 216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
(a) Analysis.--Not later than 2 years after the date of
enactment of this Act, using environmental justice data of
the Environmental Protection Agency, including data from the
environmental justice mapping and screening tool of the
Environmental Protection Agency, the Administrator shall
carry out an analysis under which the Administrator shall
assess the programs under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.) and section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) to
identify historical distributions of funds to small and
disadvantaged communities and new opportunities and methods
to improve on the distribution of funds under those programs
to low-income communities, rural communities, minority
communities, and communities of indigenous peoples, in
accordance with Executive Order 12898 (42 U.S.C. 4321 note;
60 Fed. Reg. 6381; relating to Federal actions to address
environmental justice in minority populations and low-income
populations).
(b) Requirement.--The analysis under subsection (a) shall
include an analysis, to the extent practicable, of
communities in the United States that do not have access to
drinking water or wastewater services.
(c) Report.--On completion of the analysis under subsection
(a), the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committees
on Energy and Commerce and Transportation and Infrastructure
of the House of Representatives a report describing--
(1) the results of the analysis; and
(2) the criteria the Administrator used in carrying out the
analysis.
SEC. 217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
(a) Definitions.--In this section:
(1) Center.--The term ``center'' means a center of
excellence for stormwater control infrastructure established
under subsection (b)(1).
[[Page S2339]]
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Tribal, or local government; or
(B) a local, regional, or other public entity that manages
stormwater or wastewater resources or other related water
infrastructure.
(3) Eligible institution.--The term ``eligible
institution'' means an institution of higher education, a
research institution, or a nonprofit organization--
(A) that has demonstrated excellence in researching and
developing new and emerging stormwater control infrastructure
technologies; and
(B) with respect to a nonprofit organization, the core
mission of which includes water management, as determined by
the Administrator.
(b) Centers of Excellence for Stormwater Control
Infrastructure Technologies.--
(1) Establishment of centers.--
(A) In general.--Subject to the availability of
appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible institutions to establish and
maintain not less than 3, and not more than 5, centers of
excellence for new and emerging stormwater control
infrastructure technologies, to be located in various regions
throughout the United States.
(B) General operation.--Each center shall--
(i) conduct research on new and emerging stormwater control
infrastructure technologies that are relevant to the
geographical region in which the center is located, including
stormwater and sewer overflow reduction, other approaches to
water resource enhancement, alternative funding approaches,
and other environmental, economic, and social benefits, with
the goal of improving the effectiveness, cost efficiency, and
protection of public safety and water quality;
(ii) maintain a listing of--
(I) stormwater control infrastructure needs; and
(II) an analysis of new and emerging stormwater control
infrastructure technologies that are available;
(iii) analyze whether additional financial programs for the
implementation of new and emerging, but proven, stormwater
control infrastructure technologies would be useful;
(iv) provide information regarding research conducted under
clause (i) to the national electronic clearinghouse center
for publication on the Internet website established under
paragraph (3)(B)(i) to provide to the Federal Government and
State, Tribal, and local governments and the private sector
information regarding new and emerging, but proven,
stormwater control infrastructure technologies;
(v) provide technical assistance to State, Tribal, and
local governments to assist with the design, construction,
operation, and maintenance of stormwater control
infrastructure projects that use innovative technologies;
(vi) collaborate with institutions of higher education and
private and public organizations, including community-based
public-private partnerships and other stakeholders, in the
geographical region in which the center is located; and
(vii) coordinate with the other centers to avoid
duplication of efforts.
(2) Application.--To be eligible to receive a grant under
this subsection, an eligible institution shall prepare and
submit to the Administrator an application at such time, in
such form, and containing such information as the
Administrator may require.
(3) National electronic clearinghouse center.--Of the
centers established under paragraph (1)(A), 1 shall--
(A) be designated as the ``national electronic
clearinghouse center''; and
(B) in addition to the other functions of that center--
(i) develop, operate, and maintain an Internet website and
a public database that contains information relating to new
and emerging, but proven, stormwater control infrastructure
technologies; and
(ii) post to the website information from all centers.
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $5,000,000 for each of fiscal years
2022 through 2026.
(B) Limitation on use of funds.--Of the amounts made
available for grants under subparagraph (A), not more than 2
percent may be used to pay the administrative costs of the
Administrator.
(c) Stormwater Control Infrastructure Project Grants.--
(1) Grant authority.--Subject to the availability of
appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible entities to carry out
stormwater control infrastructure projects that incorporate
new and emerging, but proven, stormwater control technologies
in accordance with this subsection.
(2) Stormwater control infrastructure projects.--
(A) Planning and development grants.--The Administrator may
make planning and development grants under this subsection
for the following projects:
(i) Planning and designing stormwater control
infrastructure projects that incorporate new and emerging,
but proven, stormwater control technologies, including
engineering surveys, landscape plans, maps, long-term
operations and maintenance plans, and implementation plans.
(ii) Identifying and developing standards necessary to
accommodate stormwater control infrastructure projects,
including those projects that incorporate new and emerging,
but proven, stormwater control technologies.
(iii) Identifying and developing fee structures to provide
financial support for design, installation, and operations
and maintenance of stormwater control infrastructure,
including new and emerging, but proven, stormwater control
infrastructure technologies.
(iv) Developing approaches for community-based public-
private partnerships for the financing and construction of
stormwater control infrastructure technologies, including
feasibility studies, stakeholder outreach, and needs
assessments.
(v) Developing and delivering training and educational
materials regarding new and emerging, but proven, stormwater
control infrastructure technologies for distribution to--
(I) individuals and entities with applicable technical
knowledge; and
(II) the public.
(B) Implementation grants.--The Administrator may make
implementation grants under this subsection for the following
projects:
(i) Installing new and emerging, but proven, stormwater
control infrastructure technologies.
(ii) Protecting or restoring interconnected networks of
natural areas that protect water quality.
(iii) Monitoring and evaluating the environmental,
economic, or social benefits of stormwater control
infrastructure technologies that incorporate new and
emerging, but proven, stormwater control technology.
(iv) Implementing a best practices standard for stormwater
control infrastructure programs.
(3) Application.--Except as otherwise provided in this
section, to be eligible to receive a grant under this
subsection, an eligible entity shall prepare and submit to
the Administrator an application at such time, in such form,
and containing such information as the Administrator may
require, including, as applicable--
(A) a description of the stormwater control infrastructure
project that incorporates new and emerging, but proven,
technologies;
(B) a plan for monitoring the impacts and pollutant load
reductions associated with the stormwater control
infrastructure project on the water quality and quantity;
(C) an evaluation of other environmental, economic, and
social benefits of the stormwater control infrastructure
project; and
(D) a plan for the long-term operation and maintenance of
the stormwater control infrastructure project and a tracking
system, such as asset management practices.
(4) Priority.--In making grants under this subsection, the
Administrator shall give priority to applications submitted
on behalf of--
(A) a community that--
(i) has municipal combined storm and sanitary sewers in the
collection system of the community; or
(ii) is a small, rural, or disadvantaged community, as
determined by the Administrator; or
(B) an eligible entity that will use not less than 15
percent of the grant to provide service to a small, rural, or
disadvantaged community, as determined by the Administrator.
(5) Maximum amounts.--
(A) Planning and development grants.--
(i) Single grant.--The amount of a single planning and
development grant provided under this subsection shall be not
more than $200,000.
(ii) Aggregate amount.--The total amount of all planning
and development grants provided under this subsection for a
fiscal year shall be not more than \1/3\ of the total amount
made available to carry out this subsection.
(B) Implementation grants.--
(i) Single grant.--The amount of a single implementation
grant provided under this subsection shall be not more than
$2,000,000.
(ii) Aggregate amount.--The total amount of all
implementation grants provided under this subsection for a
fiscal year shall be not more than \2/3\ of the total amount
made available to carry out this subsection.
(6) Federal share.--
(A) In general.--Except as provided in subparagraph (C),
the Federal share of a grant provided under this subsection
shall not exceed 80 percent of the total project cost.
(B) Credit for implementation grants.--The Administrator
shall credit toward the non-Federal share of the cost of an
implementation project carried out under this subsection the
cost of planning, design, and construction work completed for
the project using funds other than funds provided under this
section.
(C) Exception.--The Administrator may waive the Federal
share limitation under subparagraph (A) for an eligible
entity that has adequately demonstrated financial need.
(d) Report to Congress.--Not later than 2 years after the
date on which the Administrator first awards a grant under
this section, the Administrator shall submit to Congress a
report that includes, with respect to the period covered by
the report--
(1) a description of all grants provided under this
section;
[[Page S2340]]
(2) a detailed description of--
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
(3) a description of the improvements in technology,
environmental benefits, resources conserved, efficiencies,
and other benefits of the projects funded under this section;
(4) recommendations for improvements to promote and support
new and emerging, but proven, stormwater control
infrastructure, including research into new and emerging
technologies, for the centers, grants, and activities under
this section; and
(5) a description of existing challenges concerning the use
of new and emerging, but proven, stormwater control
infrastructure.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section (except for subsection (b))
$10,000,000 for each of fiscal years 2022 through 2026.
(2) Limitation on use of funds.--Of the amounts made
available for grants under paragraph (1), not more than 2
percent may be used to pay the administrative costs of the
Administrator.
SEC. 218. WATER REUSE INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a
Water Reuse Interagency Working Group (referred to in this
section as the ``Working Group'').
(b) Purpose.--The purpose of the Working Group is to
develop and coordinate actions, tools, and resources to
advance water reuse across the United States, including
through the implementation of the February 2020 National
Water Reuse Action Plan, which creates opportunities for
water reuse in the mission areas of each of the Federal
agencies included in the Working Group under subsection (c)
(referred to in this section as the ``Action Plan'').
(c) Chairperson; Membership.--The Working Group shall be--
(1) chaired by the Administrator; and
(2) comprised of senior representatives from such Federal
agencies as the Administrator determines to be appropriate.
(d) Duties of the Working Group.--In carrying out this
section, the Working Group shall--
(1) with respect to water reuse, leverage the expertise of
industry, the research community, nongovernmental
organizations, and government;
(2) seek to foster water reuse as an important component of
integrated water resources management;
(3) conduct an assessment of new opportunities to advance
water reuse and annually update the Action Plan with new
actions, as necessary, to pursue those opportunities;
(4) seek to coordinate Federal programs and policies to
support the adoption of water reuse;
(5) consider how each Federal agency can explore and
identify opportunities to support water reuse through the
programs and activities of that Federal agency; and
(6) consult, on a regular basis, with representatives of
relevant industries, the research community, and
nongovernmental organizations.
(e) Report.--Not less frequently than once every 2 years,
the Administrator shall submit to Congress a report on the
activities and findings of the Working Group.
(f) Sunset.--
(1) In general.--Subject to paragraph (2), the Working
Group shall terminate on the date that is 6 years after the
date of enactment of this Act.
(2) Extension.--The Administrator may extend the date of
termination of the Working Group under paragraph (1).
SEC. 219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
(a) In General.--Subject to the availability of
appropriations, not later than 2 years after the date of
enactment of this Act, the Administrator shall carry out a
study that examines the state of existing and potential
future technology, including technology that could address
cybersecurity vulnerabilities, that enhances or could enhance
the treatment, monitoring, affordability, efficiency, and
safety of wastewater services provided by a treatment works
(as defined in section 212 of the Federal Water Pollution
Control Act (33 U.S.C. 1292)).
(b) Report.--The Administrator shall submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study under subsection (a).
SEC. 220. CLEAN WATERSHEDS NEEDS SURVEY.
Title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) is amended by adding at the end the
following:
``SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
``(a) Requirement.--Not later than 2 years after the date
of enactment of the Drinking Water and Wastewater
Infrastructure Act of 2021, and not less frequently than once
every 4 years thereafter, the Administrator shall--
``(1) conduct and complete an assessment of capital
improvement needs for all projects that are eligible under
section 603(c) for assistance from State water pollution
control revolving funds; and
``(2) submit to Congress a report describing the results of
the assessment completed under paragraph (1).
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the initial needs survey
under subsection (a) $5,000,000, to remain available until
expended.''.
SEC. 221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Clarification of Research Activities.--Section
104(b)(1) of the Water Resources Research Act of 1984 (42
U.S.C. 10303(b)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''.
(b) Compliance Report.--Section 104 of the Water Resources
Research Act of 1984 (42 U.S.C. 10303) is amended by striking
subsection (c) and inserting the following:
``(c) Grants.--
``(1) In general.--From the sums appropriated pursuant to
subsection (f), the Secretary shall make grants to each
institute to be matched on a basis of no less than 1 non-
Federal dollar for every 1 Federal dollar.
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient
with this subsection for the immediately preceding fiscal
year.''.
(c) Evaluation of Water Resources Research Program.--
Section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303) is amended by striking subsection (e) and
inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every
5 years to determine--
``(A) the quality and relevance of the water resources
research of the institute;
``(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
``(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.''.
(d) Authorization of Appropriations.--Section 104(f)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(f)(1)) is amended by striking ``fiscal years 2007
through 2011'' and inserting ``fiscal years 2022 through
2025''.
(e) Additional Appropriations Where Research Focused on
Water Problems of Interstate Nature.--Section 104(g)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(g)(1)) is amended in the first sentence by striking
``$6,000,000 for each of fiscal years 2007 through 2011'' and
inserting ``$3,000,000 for each of fiscal years 2022 through
2025''.
SEC. 222. ENHANCED AQUIFER USE AND RECHARGE.
Title I of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) is amended by adding at the end the
following:
``SEC. 124. ENHANCED AQUIFER USE AND RECHARGE.
``(a) In General.--Subject to the availability of
appropriations, the Administrator shall provide funding to
carry out groundwater research on enhanced aquifer use and
recharge in support of sole-source aquifers, of which--
``(1) not less than 50 percent shall be used to provide 1
grant to a State, unit of local government, or Indian Tribe
to carry out activities that would directly support that
research; and
``(2) the remainder shall be provided to 1 appropriate
research center.
``(b) Coordination.--As a condition of accepting funds
under subsection (a), the State, unit of local government, or
Indian Tribe and the appropriate research center that receive
funds under that subsection shall establish a formal research
relationship for the purpose of coordinating efforts under
this section.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $5,000,000 for each of fiscal years 2022 through
2026.''.
The PRESIDING OFFICER. The Senator from Illinois.
____________________