[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 17360-17363]
[From the U.S. Government Publishing Office, www.gpo.gov]




           WATER USE EFFICIENCY AND CONSERVATION RESEARCH ACT

  Mr. MATHESON. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3957) to increase research, development, education, and 
technology transfer activities related to water use efficiency and 
conservation technologies and practices at the Environmental Protection 
Agency, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3957

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Water Use Efficiency and 
     Conservation Research Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Between 1950 and 2000, the United States population 
     increased nearly 90 percent. In that same period, public 
     demand for water increased 209 percent. Americans now use an 
     average of 100 gallons of water per person each day. This 
     increased demand has put additional stress on water supplies 
     and distribution systems, threatening both human health and 
     the environment.
       (2) Thirty-six States are anticipating local, regional, or 
     statewide water shortages by 2013. In addition, climate 
     change related effects are expected to exacerbate already 
     scarce water resources in many areas of the country.
       (3) The Intergovernmental Panel on Climate Change's 2007 
     assessment states that water stored in glaciers and snow 
     cover is projected to decline, reducing water availability to 
     one-sixth of the world's population that relies upon 
     meltwater from major mountain ranges. The Intergovernmental 
     Panel on Climate Change also predicts droughts will become 
     more severe and longer lasting in a number of regions.
       (4) Water conservation should be a national goal and the 
     Environmental Protection Agency should work with 
     nongovernmental partners to achieve that goal. The 
     Environmental Protection Agency should support the research, 
     development, and dissemination of technologies and processes 
     that will achieve greater water use efficiency.
       (5) WaterSense is a voluntary public-private partnership 
     program established by the Environmental Protection Agency to 
     promote water efficiency by helping consumers identify water-
     efficient products and practices. The Environmental 
     Protection Agency estimates that if all United States 
     households installed water-efficient appliances, the country 
     would save more than 3,000,000,000,000 gallons of water and 
     more than $17,000,000,000 per year.
       (6) The WaterSense program has developed a network of 
     partners, and therefore can disseminate the results of 
     research on technologies and processes that achieve greater 
     water use efficiency.

     SEC. 3. RESEARCH PROGRAM.

       (a) In General.--The Assistant Administrator for Research 
     and Development of the Environmental Protection Agency (in 
     this Act referred to as the ``Assistant Administrator'') 
     shall establish a research and development program consistent 
     with the plan developed under section 4 that promotes water 
     use efficiency and conservation, including--
       (1) technologies and processes that enable the collection, 
     storage, treatment, and reuse of rainwater, stormwater, and 
     greywater;
       (2) water storage and distribution systems;
       (3) behavioral, social, and economic barriers to achieving 
     greater water use efficiency; and
       (4) use of watershed planning directed toward water 
     quality, conservation, and supply.
       (b) Considerations.--In planning and implementing the 
     program, the Assistant Administrator shall consider--
       (1) research needs identified by water resource managers, 
     State and local governments, and other interested parties; 
     and
       (2) technologies and processes likely to achieve the 
     greatest increases in water use efficiency and conservation.
       (c) Minority Serving Institutions.--In the execution of 
     this program, the Assistant Administrator may award 
     extramural grants to institutions of higher education and 
     shall encourage participation by Minority Serving 
     Institutions.

     SEC. 4. STRATEGIC RESEARCH PLAN.

       (a) In General.--The Assistant Administrator shall 
     coordinate the development of a strategic research plan (in 
     this Act referred to as the ``plan'') for the water use 
     efficiency and conservation research and development program 
     established in section 3 with all other Environmental 
     Protection Agency research and development strategic plans.
       (b) Plan Contents.--The plan shall--
       (1) outline research goals and priorities for a water use 
     efficiency and conservation research agenda, including--
       (A) developing innovative water supply-enhancing processes 
     and technologies; and
       (B) improving existing processes and technologies, 
     including wastewater treatment, desalinization, and 
     groundwater recharge and recovery schemes;
       (2) identify current Federal research efforts on water that 
     are directed toward meeting the goals of improving water use 
     efficiency, water conservation, or expanding water supply and 
     describe how such efforts are coordinated with the program 
     established in section 3 in order to leverage resources and 
     avoid duplication; and
       (3) consider and utilize, as appropriate, recommendations 
     in reports and studies conducted by Federal agencies, the 
     National Research Council, the National Science and 
     Technology Council, or other entities in the development of 
     the plan.
       (c) Science Advisory Board Review.--The Assistant 
     Administrator shall submit the plan to the Science Advisory 
     Board of the Environmental Protection Agency for review.
       (d) Revision.--The plan shall be revised and amended as 
     needed to reflect current scientific findings and national 
     research priorities.

     SEC. 5. TECHNOLOGY TRANSFER.

       The Assistant Administrator, building on the results of the 
     activities of the program established under section 3, 
     shall--
       (1) facilitate the adoption of technology and processes to 
     promote water use efficiency and conservation; and
       (2) collect and disseminate information, including the 
     establishment of a publicly-accessible clearinghouse, on 
     technologies and processes to promote water use efficiency 
     and conservation, including information on--
       (A) incentives and impediments to development and 
     commercialization;
       (B) best practices; and
       (C) anticipated increases in water use efficiency and 
     conservation resulting from the implementation of specific 
     technologies and processes.

     SEC. 6. ADVANCED WATER EFFICIENCY DEVELOPMENT PROJECTS.

       (a) In General.--As part of the program under section 3, 
     the Assistant Administrator shall carry out at least 4 
     projects under which the funding is provided for the 
     incorporation into a building of the latest water use 
     efficiency and conservation technologies and designs. Funding 
     for each project shall be provided only to cover incremental 
     costs of water-use efficiency and conservation technologies.
       (b) Criteria.--Of the 4 projects described in subsection 
     (a), at least 1 shall be for a residential building and at 
     least 1 shall be for a commercial building.
       (c) Public Availability.--The designs of buildings with 
     respect to which funding is provided under subsection (a) 
     shall be made available to the public, and such buildings 
     shall be accessible to the public for tours and educational 
     purposes.

     SEC. 7. REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, and once every 2 years thereafter, the Assistant 
     Administrator shall transmit to Congress a report which 
     details the progress being made by the Environmental 
     Protection Agency with regard to--
       (1) water use efficiency and conservation research projects 
     initiated by the Agency;
       (2) development projects initiated by the Agency;
       (3) outreach and communication activities conducted by the 
     Agency concerning water use efficiency and conservation; and
       (4) development and implementation of the plan.

     SEC. 8. WATER MANAGEMENT STUDY AND REPORT.

       (a) Study.--
       (1) Requirement.--The Administrator of the Environmental 
     Protection Agency shall enter into an arrangement with the 
     National Academy of Sciences to complete a study of low 
     impact and soft path strategies for management of water 
     supply, wastewater, and stormwater.

[[Page 17361]]

       (2) Contents.--The study shall--
       (A) examine and compare the state of research, technology 
     development, and emerging practices in other developed and 
     developing countries with those in the United States;
       (B) identify and evaluate relevant system approaches for 
     comprehensive water management, including the 
     interrelationship of water systems with other major systems 
     such as energy and transportation;
       (C) identify priority research and development needs; and
       (D) assess implementation needs and barriers.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall transmit to the Committee on Science 
     and Technology of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the key findings of the study conducted under 
     subsection (a). The report shall evaluate challenges and 
     opportunities and serve as a practical reference for water 
     managers, planners, developers, scientists, engineers, non-
     governmental organizations, federal agencies, and regulators 
     by recommending innovative and integrated solutions.
       (c) Definitions.--For purposes of this section--
       (1) the term ``low impact'' means a strategy that manages 
     rainfall at the source using uniformly distributed 
     decentralized micro-scale controls to mimic a site's 
     predevelopment hydrology by using design techniques that 
     infiltrate, filter, store, evaporate, and detain runoff close 
     to its source; and
       (2) the term ``soft path'' means a general framework that 
     encompasses--
       (A) increased efficiency of water use;
       (B) integration of water supply, wastewater treatment, and 
     stormwater management systems; and
       (C) protection, restoration, and effective use of the 
     natural capacities of ecosystems to provide clean water.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator of the Environmental 
     Protection Agency for carrying out this section $1,000,000 
     for fiscal year 2009.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Assistant 
     Administrator for carrying out this Act $20,000,000 for each 
     of the fiscal years 2009 through 2013.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Matheson) and the gentleman from Texas (Mr. Hall) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. MATHESON. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 3957, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. MATHESON. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, dwindling water supplies are creating concern across 
this country. Thirty-six States are currently or expect to experience 
significant water shortages within the next 5 years. That's why I 
introduced H.R. 3957, the Water Use Efficiency and Conservation Act. 
This bill would establish a research and development program within the 
Environmental Protection Agency's Office of Research and Development to 
promote water efficiency and conservation.
  Madam Speaker, tough decisions lie ahead for water managers who must 
balance the needs of agriculture, consumption by cities, industrial and 
energy production, transportation, tourism, wastewater treatment, 
energy response, and ecosystems. We are not going to solve this problem 
overnight, but H.R. 3957 will provide us with several important tools 
to address the coming issues we face with technology and innovative 
thinking. By encouraging research and development into water-use 
efficiency, we can create a path to increase our Nation's water supply.
  H.R. 3957 would expand EPA's scope and involvement solving the 
Nation's water crisis through the development of technologies and 
processes to expand water supplies through storage, treatment, and 
reuse of rainwater, storm water and grey water.
  The program will also conduct research on water storage and 
distribution systems, research on behavioral, social, and economic 
barriers to achieving greater water efficiency, and research on the use 
of watershed planning.
  As part of the program, EPA will develop a strategic plan to outline 
the best path forward to avoid duplication and work towards the most 
relevant problems facing our water supply.
  My bill directs the EPA to facilitate the adoption of technology and 
processes to increase water efficiency and conservation. The new 
program will collect information on new technologies that achieve more 
efficient use of water and provide this information through a public 
clearinghouse.
  I want to thank Chairman Gordon for his interest in this legislation 
and for his leadership in ensuring adequate water supply for the 21st 
century in this country. I also want to thank all of the members of the 
House Science and Technology Committee for their bipartisan support and 
for their collaboration--their thoughtful collaboration I would say--on 
this bill. In the full committee, amendments were adopted that were 
authored by Congresswoman Eddie Bernice Johnson, Congressman Phil 
Gingrey, and Congresswoman Gabrielle Giffords. Their amendments made 
this a better bill, and I certainly appreciate their input.
  Madam Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  The Environmental Protection Agency, better known as the EPA, is the 
Nation's lead agency charged with protecting the environment and 
supporting the goals of the Clean Water Act and Safe Drinking Water Act 
by providing methods, approaches and tools needed to protect water 
sources. As such, relevant and high-quality research and development is 
very vital to EPA's ability to carry out its many missions.
  However, EPA's research and development program is far from 
comprehensive or rationally organized. As of today, EPA only conducts 
coordinated research and development activities in three areas; water 
quality protection, watershed management, and source control 
management. And while these are essential research areas, I believe EPA 
is missing a critical component to their research agenda, and that is 
the research and development of technologies that increase efficiency 
and conservation.
  According to the American Water Works Association, an international 
nonprofit scientific and educational organization, daily indoor per 
capita water consumption in a typical single family home is about 70 
gallons. By installing more efficient water fixtures and checking for 
leaks, single family homes may reduce their daily per capita water 
consumption by about 35 percent.
  While some of these technologies are on the market and utilized, many 
water-saving ideas linger in the research phase for lack of a 
coordinated Federal research program.
  H.R. 3957 establishes a research and development program for water 
efficiency technologies and conservation at the EPA. It instructs the 
Assistant Administrator of the Office of Research and Development to 
develop a strategic research plan, coordinated with other relevant EPA 
strategic plans, to compel synchronization of different research 
agendas.
  EPA is to use recommendations in existing reports from the National 
Academies and the National Science and Technology Council in the 
development of the plan. However, their effort should not be just a 
regurgitation of previous work.
  Other countries, such as Israel, have invested significant resources 
in water efficiency and conservation research areas. We, too, have to 
invest resources if we are to weather water shortages in the future.
  Madam Speaker, at a time when our Nation is really facing greater 
numbers of water events, we just can't afford to fall behind on 
technology research and development.
  I urge all of my colleagues to support H.R. 3957.
  Madam Speaker, I yield back the balance of my time.
  Mr. MATHESON. Madam Speaker, I just would encourage everyone to 
support this. The Science Committee reported this bill in a unanimous 
bipartisan vote. That's the tradition of the

[[Page 17362]]

Science Committee to work in a bipartisan way.
  I encourage all my colleagues to support this bill.
  Mr. GINGREY. Madam Speaker, I rise in strong support of H.R. 3957--
the Water Use Efficiency and Conservation Research Act. I commend my 
colleague from the Science Committee--Mr. Matheson of Utah--for 
crafting this thoughtful legislation that was reported to the House on 
a broad bipartisan basis.
  Over the past year, my home State of Georgia--and specifically my 
district--has experienced significant and historic drought conditions 
that have brought to the forefront what the future may hold for our 
local water supply.
  In addition to the drought conditions in my district, a number of 
other States are facing similar challenges. Over the next 5 years, more 
than half of the States in our country anticipate some sort of water 
shortage that will wreak havoc on our environment, as well as our 
economy.
  Madam Speaker, H.R. 3957 addresses ways in which the Environmental 
Protection Agency can use its Office of Research and Development to 
promote technologies that increase water efficiency and conservation 
via collection, treatment and reuse of rainwater and greywater, and 
research on water storage.
  I am encouraged that this legislation will promote the adoption of 
emerging technologies to help us make better use of one of our most 
precious resources--water. I am also very pleased that the Science 
Committee adopted an amendment that I offered directing the EPA to 
ensure that the research and development efforts resulting from this 
legislation complement all other EPA research and development 
endeavors. Proper implementation of a strategic research plan will 
ultimately make this program successful.
  Madam Speaker, at a time when water shortages are becoming more 
commonplace in our Nation, I applaud the bipartisan work of the Science 
Committee under the leadership of Chairman Gordon and Ranking Member 
Hall on this important legislation. I urge all of my colleagues to 
support H.R. 3957.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, I rise in support 
of H.R. 3957, a measure aimed at increasing research, development, 
education, and technology transfer activities related to water use 
efficiency and conservation technologies at the Environmental 
Protection Agency.
  It is evident that current water use and management practices are 
draining supplies and it is critical that we obtain knowledge of newer 
technologies that will increase sustainability. It is our hope that 
this legislation will promote technologies and approaches that will 
contribute towards ensuring a healthy and sustainable water supply.
  EPA's research, development and dissemination of technologies that 
promote greater water use will also help to advance water conservation 
as a national goal.
  More importantly, however, it is our hope that it will reduce the 
threat of a diminishing water supply and prepare us for water shortages 
that are increasing in frequency.
  As the Chairwoman of the House Transportation and Infrastructure 
Subcommittee on Water Resources and Environment, I am keenly aware of 
the need for increased Federal research on new and emerging 
technologies for water use efficiency and conservation. As noted in 
testimony before my Subcommittee, the growing water-related challenges 
facing our nation, including the need to repair and replace much of our 
antiquated water infrastructure, urban sprawl, and the threat of global 
warming, requires us to address these challenges in an integrated, 
comprehensive fashion--including the need to develop the next 
generation of water-related infrastructure.
  I was pleased to work with Chairman Gordon and the sponsor of this 
legislation, Mr. Matheson, on an amendment to include within the scope 
of research and development program technologies and processes to 
enable the collection, storage, treatment and reuse of stormwater, as 
well as the creation of a publicly-accessible clearing house for 
information on technologies and processes developed under this program. 
This amendment was adopted during the Committee on Science and 
Technology's markup of this legislation.
  In an effort to bring this legislation to the floor for consideration 
as quickly as possible, the Committee on Transportation and 
Infrastructure did not seek a referral of the bill. The Transportation 
Committee did this, however, with the understanding that this decision 
does not waive, reduce or affect the jurisdiction of the Committee on 
Transportation and Infrastructure.
  I look forward to a continuing dialogue with both the Senate and the 
Committee on Science and Technology in Conference as we work to resolve 
our differences in this important piece of legislation. Working 
together we will be able to advance sustainable water use and 
management practices that will contribute to the overall health of our 
nation.
  I also look forward to the next Congress when I hope to work with my 
colleagues on both the Science and Transportation Committees on 
improving research of water quality, as well as on improving the 
nation's monitoring systems for all facets of our precious water 
resources.
  I urge my colleagues to join with me to support this bill, and 
authorizing the Environmental Protection Agency to establish a research 
and development program that will promote water use efficiency 
practices and promote water conservation as a national goal.
  Mr. MATHESON. Madam Speaker, I would like to recognize Chairman 
Oberstar of the Transportation and Infrastructure Committee for working 
with the Science and Technology Committee in such a cooperative and 
constructive manner on this bill, and I will insert an exchange of 
letters between the committees into the Record.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                    Washington, DC, July 22, 2008.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology,
     House of Representatives, Washington, DC.
       Dear Chairman Gordon: I write to you regarding H.R. 3957, 
     the ``Water Use Efficiency and Conservation Research Act.'' 
     This legislation authorizes the Environmental Protection 
     Agency to establish a research and development program to 
     promote water use efficiency and conservation technologies 
     and practices.
       H.R. 3957 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forego a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over H.R. 3957.
       Further, the Committee on Transportation and Infrastructure 
     reserves the right to seek the appointment of conferees 
     during any House-Senate conference convened on this 
     legislation on provisions of the bill that are within the 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Committee on Transportation and 
     Infrastructure for the appointment of conferees on H.R. 3957 
     or similar legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Committee 
     Report on H.R. 3957 and in the Congressional Record during 
     consideration of the measure on the House Floor.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.
                                  ____
                                  
         House of Representatives, Committee on Science and 
           Technology,
                                    Washington, DC, July 22, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure,
     House of Representatives, Washington, DC.
       Dear Chairman Oberstar: Thank you for your July 22, 2008 
     letter regarding H.R. 3957, the Water Use Efficiency and 
     Conservation Research Act. Your support for this legislation 
     and your assistance in ensuring its timely consideration are 
     greatly appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Transportation and 
     Infrastructure. I acknowledge that by forgoing a sequential 
     referral, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Transportation and Infrastructure 
     has jurisdiction in H.R. 3957. A copy of our letters will be 
     placed in the Committee Report on H.R. 3957 and in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Matheson) that the House suspend the rules and 
pass the bill, H.R. 3957, as amended.

[[Page 17363]]

  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________