[Senate Report 115-71]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 89
                                                        
                                                      
 115th Congress }                                          { Report
                                 SENATE
 1st Session    }                                          { 115-71
                                                      
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     SMALL AND RURAL COMMUNITY CLEAN WATER TECHNICAL ASSISTANCE ACT

                                _______
                                

                  May 17, 2017.--Ordered to be printed

                                _______
                                

          Mr. Barrasso, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [To accompany S. 518]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 518) to amend the Federal Water Pollution 
Control Act to provide for technical assistance for small 
treatment works, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    Many wastewater treatment systems operated by small and 
rural communities have few staff and limited resources. As a 
result, they may lack the expertise to maintain compliance with 
Clean Water Act requirements. On-site technical assistance and 
education offered by ``circuit riders'' provides a cost-
effective way to address this issue.
    In the 114th Congress, this committee passed S. 611 to 
provide technical assistance under the Safe Drinking Water Act 
for small and rural drinking water systems. This legislation 
was enacted as P.L. 114-98.
    S. 518 authorizes a similar program for Clean Water Act 
technical assistance.

                     Objectives of the Legislation

    The objective of the legislation is to provide for 
technical assistance for small and medium treatment works.

                      Section-by-Section Analysis


Section 1: Short title

    Section 1 notes that this act may be cited as the ``Small 
and Rural Community Clean Water Technical Assistance Act.''

Section 2: Technical assistance for small treatment works

    Section 2 of S. 518 adds new sections 222 and 223 to the 
Clean Water Act.
    New section 222 establishes a technical assistance program 
for small treatment works, to be carried out by qualified 
nonprofit technical service providers tailored to meet the 
separate needs of small systems. Small treatment works are 
identified as those that serve no more than 10,000 individuals.
    Section 222 authorizes $15 million a year for five years, 
totaling $75 million, to carry out the small treatment works 
assistance program.
    New section 223 establishes a technical assistance program 
for medium treatment works, to be carried out by qualified 
nonprofit technical service providers tailored to meet the 
separate needs of medium systems. Medium treatment works are 
defined as those that serve between 10,001 and 75,000 
individuals.
    Section 223 authorizes $10 million a year for five years, 
totaling $50 million, to carry out the medium treatment works 
assistance program.
    Section 2 of S. 518 also amends section 603 of the Clean 
Water Act to authorize States to use up to 2 percent of their 
Clean Water Act State Revolving Loan Fund allocation grant to 
support small and medium treatment works technical assistance 
providers, as defined in new sections 222 and 223.

                          Legislative History

    The language similar to this bill was included last 
Congress in the Water Resources Development Act of 2016, S. 
2848. S. 2848 was reported by the Committee on June 20, 2016. 
S. 2848 passed the Senate on September 15, 2016 by a vote of 95 
to 3.
    On March 2, 2017, Senator Wicker introduced the Small and 
Rural Community Clean Water Technical Assistance Act. The bill 
was referred to the Committee on Environment and Public Works.
    On April 5, 2017, the Committee considered S. 518 and 
adopted by voice vote an amendment in the nature of a 
substitute that revised section 2 of the bill to add section 
223 to the Clean Water Act. The bill, as amended, was ordered 
to be reported favorably by voice vote.

                                Hearings

    On March 28, 2017, Committee on Environment and Public 
Works Subcommittee on Fisheries, Water, and Wildlife held a 
legislative hearing to review S. 518, the ``Small and Rural 
Community Clean Water Technical Assistance Act,'' S. 692, the 
``Water Infrastructure Flexibility Act of 2017,'' and S. 675, 
the ``Long Island Sound Restoration and Stewardship Act'', and 
hear from interested stakeholders.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 518 on April 5, 2017. The bill was ordered 
favorably reported by voice vote. No rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 518 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 518 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA), and would impose no costs on state, local, 
or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                                    April 27, 2017.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 518, the Small and 
Rural Community Clean Water Technical Assistance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 518--Small and Rural Community Clean Water Technical Assistance Act

    Summary: S. 518 would authorize the appropriation of $25 
million annually over the 2018-2022 period for the 
Environmental Protection Agency to provide grants for training 
and technical assistance to water treatment works owned by 
public entities that serve communities with populations of 
fewer than 75,000 individuals. CBO estimates that implementing 
S. 518 would cost $73 million over the next five years, 
assuming appropriation of the authorized amounts.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 518 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 518 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 518 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2017      2018      2019      2020      2021      2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level......................         0        25        25        25        25        25        125
Estimated Outlays........................         0         1         7        15        25        25         73
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
518 will be enacted by the end of fiscal year 2017, that the 
authorized amounts will be appropriated each year, and that 
outlays will follow historical spending patterns for similar 
technical assistance programs implemented by the agency.
    Pay-as-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: S. 518 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Water treatment works owned by public entities 
that serve communities with populations of fewer than 75,000 
individuals would benefit from training and technical 
assistance authorized in the bill through federal grants. Any 
costs incurred by those entities, including cost-sharing 
contributions, would result from conditions of federal 
assistance.
    Estimate prepared by: Federal costs: Jon Sperl; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss; Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


Federal Water Pollution Control Act

           *       *       *       *       *       *       *



          TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS


                                purpose

   Sec. 201. (a) It is the purpose of this title to require and 
to assist the development and implementation of waste treatment 
management plans and practices which will achieve the goals of 
this Act.
   (b) * * *

           *       *       *       *       *       *       *


SEC. 221. SEWER OVERFLOW CONTROL GRANTS.

   (a) In General.-- In any fiscal year in which the 
Administrator has available for obligation at least 
$1,350,000,000 for the purposes of section 601--
           (1) * * *

           *       *       *       *       *       *       *

   (d) Cost-Sharing.-- The Federal share of the cost of 
activities carried out using amounts from a grant made under 
subsection (a) shall be not less than 55 percent of the cost. 
The non-Federal share of the cost may include, in any amount, 
public and private funds and in-kind services, and may include, 
notwithstanding section [603(h)] section 603(i), financial 
assistance, including loans, from a State water pollution 
control revolving fund.

           *       *       *       *       *       *       *


SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS.

   (a) Definitions.--In this section:
           (1) Qualified nonprofit small treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit small treatment works technical assistance 
        provider' means a nonprofit organization that, as 
        determined by the Administrator--
                   (A) is qualified and experienced in 
                providing training and technical assistance to 
                small treatment works; and
                   (B) the small treatment works in the State 
                finds to be the most beneficial and effective.
           (2) Small treatment works.--The term `small 
        treatment works' means a publicly owned treatment works 
        serving not more than 10,000 individuals.
   (b) Technical Assistance.--The Administrator may use amounts 
made available to carry out this section to provide grants or 
cooperative agreements to qualified nonprofit small treatment 
works technical assistance providers to provide to owners and 
operators of small treatment works onsite technical assistance, 
circuit rider technical assistance programs, multi-State, 
regional technical assistance programs, and onsite and regional 
training, to assist the small treatment works in achieving 
compliance with this Act or obtaining financing under this Act 
for eligible projects.
   (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section for grants for 
small treatment works technical assistance, $15,000,000 for 
each of fiscal years 2018 through 2022.

SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS.

   (a) Definitions.--In this section:
           (1) Medium treatment works.--The term `medium 
        treatment works' means a publicly owned treatment works 
        serving not fewer than 10,001, and not more than 
        75,000, individuals.
           (2) Qualified nonprofit medium treatment works 
        technical assistance provider.--The term `qualified 
        nonprofit medium treatment works technical assistance 
        provider' means a qualified nonprofit technical 
        assistance provider of water and wastewater services to 
        medium-sized communities that provides technical 
        assistance (including circuit rider technical 
        assistance programs, multi-State, regional assistance 
        programs, and training and preliminary engineering 
        evaluations) to owners and operators of medium 
        treatment works, which may include a State agency.
   (b) Technical Assistance.--The Administrator may use amounts 
made available to carry out this section to provide grants or 
cooperative agreements to qualified nonprofit medium treatment 
works technical assistance providers to provide to owners and 
operators of medium treatment works onsite technical 
assistance, circuit-rider technical assistance programs, multi-
State, regional technical assistance programs, and onsite and 
regional training to assist medium treatment works that are 
facing difficulty in achieving compliance with this Act or 
obtaining financing under this Act for eligible projects.
   (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2018 through 2022.

           *       *       *       *       *       *       *


SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

   (a) Requirements for Obligation of Grant Funds.--

           *       *       *       *       *       *       *

   (d) Types of Assistance.-- Except as otherwise limited by 
State law and as provided in subsection (e), a water pollution 
control revolving fund of a State under this section may be 
used only--
           (1) * * *

           *       *       *       *       *       *       *

   (e) Additional Use of Funds.--A State may use an additional 
2 percent of the funds annually allotted to the State under 
this section for qualified nonprofit small treatment works 
technical assistance providers (as the term is defined in 
section 222) and qualified nonprofit medium treatment works 
technical assistance providers (as the term in defined in 
section 223) to provide technical assistance to small treatment 
works (as the term is defined in section 222) and medium 
treatment works (as the term is defined in section 223) in the 
State.
   [(e)] (f) Limitation To Prevent Double Benefits.-- If a 
State makes, from its water pollution revolving fund, a loan 
which will finance the cost of facility planning and the 
preparation of plans, specifications, and estimates for 
construction of publicly owned treatment works, the State shall 
ensure that if the recipient of such loan receives a grant 
under section 201(g) of this Act for construction of such 
treatment works and an allowance under section 201(l)(1) of 
this Act for non-federal funds expended for such planning and 
preparation, such recipient will promptly repay such loan to 
the extent of such allowance.
   [(f)] (g) Consistency With Planning Requirements.-- A State 
may provide financial assistance from its water pollution 
control revolving fund only with respect to a project which is 
consistent with plans, if any, developed under sections 205(j), 
208, 303(e), 319, and 320 of this Act.
   [(g)] (h) Priority List Requirement.-- The State may provide 
financial assistance from its water pollution control revolving 
fund only with respect to a project for construction of a 
treatment works described in subsection (c)(1) if such project 
is on the State's priority list under section 216 of this Act. 
Such assistance may be provided regardless of the rank of such 
project on such list.
   [(h)] (i) Eligibility of Non-Federal Share of Construction 
Grant Projects.-- A State water pollution control revolving 
fund may provide assistance (other than under subsection (d)(1) 
of this section) to a municipality or intermunicipal or 
interstate agency with respect to the non-Federal share of the 
costs of a treatment works project for which such municipality 
or agency is receiving assistance from the Administrator under 
any other authority only if such assistance is necessary to 
allow such project to proceed.
   [(i)] (j) Additional Subsidization.--
           (1) In general.-- In any case in which a State 
        provides assistance to a municipality or 
        intermunicipal, interstate, or State agency under 
        subsection (d), the State may provide additional 
        subsidization, including forgiveness of principal and 
        negative interest loans--

           *       *       *       *       *       *       *


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