    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-436
    115th Congress

    An Act

    To amend the Federal Water Pollution Control Act to provide for an
    integrated planning process, to promote green infrastructure, and for
    other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Infrastructure Improvement
    Act''.
    SEC. 2. <>  DEFINITIONS.

    In this Act:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the Environmental Protection Agency.
    (2) Municipality.--The term ``municipality'' has the meaning
    given that term in section 502 of the Federal Water Pollution
    Control Act (33 U.S.C. 1362).
    SEC. 3. INTEGRATED PLANS.

    (a) Integrated Plans.--Section 402 of the Federal Water Pollution
    Control Act (33 U.S.C. 1342) is amended by adding at the end the
    following:
    ``(s) Integrated Plans.--
    ``(1) Definition of integrated plan.--In this subsection,
    the term `integrated plan' means a plan developed in accordance
    with the Integrated Municipal Stormwater and Wastewater Planning
    Approach Framework, issued by the Environmental Protection
    Agency and dated June 5, 2012.
    ``(2) In general.--The Administrator (or a State, in the
    case of a permit program approved by the Administrator) shall
    inform municipalities of the opportunity to develop an
    integrated plan that may be incorporated into a permit under
    this section.
    ``(3) Scope.--
    ``(A) Scope of permit incorporating integrated
    plan.--A permit issued under this section that
    incorporates an integrated plan may integrate all
    requirements under this Act addressed in the integrated
    plan, including requirements relating to--
    ``(i) a combined sewer overflow;
    ``(ii) a capacity, management, operation, and
    maintenance program for sanitary sewer collection
    systems;
    ``(iii) a municipal stormwater discharge;
    ``(iv) a municipal wastewater discharge; and

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    ``(v) a water quality-based effluent
    limitation to implement an applicable wasteload
    allocation in a total maximum daily load.
    ``(B) Inclusions in integrated plan.--An integrated
    plan incorporated into a permit issued under this
    section may include the implementation of--
    ``(i) projects, including innovative projects,
    to reclaim, recycle, or reuse water; and
    ``(ii) green infrastructure.
    ``(4) Compliance schedules.--
    ``(A) In general.--A permit issued under this
    section that incorporates an integrated plan may include
    a schedule of compliance, under which actions taken to
    meet any applicable water quality-based effluent
    limitation may be implemented over more than 1 permit
    term if the schedule of compliance--
    ``(i) is authorized by State water quality
    standards; and
    ``(ii) meets the requirements of section
    122.47 of title 40, Code of Federal Regulations
    (as in effect on the date of enactment of this
    subsection).
    ``(B) Time for compliance.--For purposes of
    subparagraph (A)(ii), the requirement of section 122.47
    of title 40, Code of Federal Regulations, for compliance
    by an applicable statutory deadline under this Act does
    not prohibit implementation of an applicable water
    quality-based effluent limitation over more than 1
    permit term.
    ``(C) Review.--A schedule of compliance incorporated
    into a permit issued under this section may be reviewed
    at the time the permit is renewed to determine whether
    the schedule should be modified.
    ``(5) Existing authorities retained.--
    ``(A) Applicable standards.--Nothing in this
    subsection modifies any obligation to comply with
    applicable technology and water quality-based effluent
    limitations under this Act.
    ``(B) Flexibility.--Nothing in this subsection
    reduces or eliminates any flexibility available under
    this Act, including the authority of a State to revise a
    water quality standard after a use attainability
    analysis under section 131.10(g) of title 40, Code of
    Federal Regulations (or a successor regulation), subject
    to the approval of the Administrator under section
    303(c).
    ``(6) Clarification of state authority.--
    ``(A) In general.--Nothing in section 301(b)(1)(C)
    precludes a State from authorizing in the water quality
    standards of the State the issuance of a schedule of
    compliance to meet water quality-based effluent
    limitations in permits that incorporate provisions of an
    integrated plan.
    ``(B) Transition rule.--In any case in which a
    discharge is subject to a judicial order or consent
    decree, as of the date of enactment of this subsection,
    resolving an enforcement action under this Act, any
    schedule of compliance issued pursuant to an
    authorization in a State water quality standard may not
    revise a schedule of compliance in that order or decree
    to be less stringent, unless

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    the order or decree is modified by agreement of the
    parties and the court.''.

    (b) Implementation of Integrated Plans Through Enforcement Tools.--
    Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319)
    is amended by adding at the end the following:
    ``(h) Implementation of Integrated Plans.--
    ``(1) In general.--In conjunction with an enforcement action
    under subsection (a) or (b) relating to municipal discharges,
    the Administrator shall inform a municipality of the opportunity
    to develop an integrated plan, as defined in section 402(s).
    ``(2) Modification.--Any municipality under an
    administrative order under subsection (a) or settlement
    agreement (including a judicial consent decree) under subsection
    (b) that has developed an integrated plan consistent with
    section 402(s) may request a modification of the administrative
    order or settlement agreement based on that integrated plan.''.

    (c) Report to Congress <> .--Not later
    than 2 years after the date of enactment of this Act, the Administrator
    shall submit to the Committee on Environment and Public Works of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives, and make publicly available, a report on each
    integrated plan developed and implemented through a permit, order, or
    judicial consent decree pursuant to the Federal Water Pollution Control
    Act since the date of publication of the ``Integrated Municipal
    Stormwater and Wastewater Planning Approach Framework'' issued by the
    Environmental Protection Agency and dated June 5, 2012, including a
    description of the control measures, levels of control, estimated costs,
    and compliance schedules for the requirements implemented through such
    an integrated plan.
    SEC. 4. <>  MUNICIPAL OMBUDSMAN.

    (a) Establishment.--There is established within the Office of the
    Administrator an Office of the Municipal Ombudsman, to be headed by a
    Municipal Ombudsman.
    (b) General Duties.--The duties of the Municipal Ombudsman shall
    include the provision of--
    (1) technical assistance to municipalities seeking to comply
    with the Federal Water Pollution Control Act; and
    (2) information to the Administrator to help the
    Administrator ensure that agency policies are implemented by all
    offices of the Environmental Protection Agency, including
    regional offices.

    (c) Actions Required.--The Municipal Ombudsman shall work with
    appropriate offices at the headquarters and regional offices of the
    Environmental Protection Agency to ensure that a municipality seeking
    assistance is provided information regarding--
    (1) available Federal financial assistance for which the
    municipality is eligible;
    (2) flexibility available under the Federal Water Pollution
    Control Act; and
    (3) the opportunity to develop an integrated plan under
    section 402(s) of the Federal Water Pollution Control Act.

    (d) Information Sharing <> .--The Municipal
    Ombudsman shall publish on the website of the Environmental Protection
    Agency--
    (1) general information relating to--

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    (A) the technical assistance referred to in
    subsection (b)(1);
    (B) the financial assistance referred to in
    subsection (c)(1);
    (C) the flexibility referred to in subsection
    (c)(2); and
    (D) any resources developed by the Administrator
    related to integrated plans under section 402(s) of the
    Federal Water Pollution Control Act; and
    (2) a copy of each permit, order, or judicial consent decree
    that implements or incorporates such an integrated plan.
    SEC. 5. GREEN INFRASTRUCTURE.

    (a) Definition.--Section 502 of the Federal Water Pollution Control
    Act (33 U.S.C. 1362) is amended by adding at the end the following:
    ``(27) Green infrastructure.--The term `green
    infrastructure' means the range of measures that use plant or
    soil systems, permeable pavement or other permeable surfaces or
    substrates, stormwater harvest and reuse, or landscaping to
    store, infiltrate, or evapotranspirate stormwater and reduce
    flows to sewer systems or to surface waters.''.

    (b) Green Infrastructure Promotion.--Title V of the Federal Water
    Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
    (1) <>  by redesignating section
    519 as section 520; and
    (2) by inserting after section 518 the following:
    ``SEC. 519. <>  GREEN
    INFRASTRUCTURE PROMOTION.

    ``(a) In General.--The Administrator shall promote the use of green
    infrastructure in, and coordinate the integration of green
    infrastructure into, permitting and enforcement under this Act, planning
    efforts, research, technical assistance, and funding guidance of the
    Environmental Protection Agency.
    ``(b) Coordination of Efforts.--The Administrator shall ensure that
    the Office of Water coordinates efforts to increase the use of green
    infrastructure with--
    ``(1) other Federal departments and agencies;
    ``(2) State, tribal, and local governments; and
    ``(3) the private sector.

    ``(c) Regional Green Infrastructure Promotion.--The Administrator
    shall direct each regional office of the Environmental Protection
    Agency, as appropriate based on local factors, and consistent with the
    requirements of this Act, to promote and integrate the use of green
    infrastructure within the region, including through--
    ``(1) outreach and training regarding green infrastructure
    implementation for State, tribal, and local governments, tribal
    communities, and the private sector; and
    ``(2) the incorporation of green infrastructure into
    permitting and other regulatory programs, codes, and ordinance
    development, including the requirements under consent decrees
    and settlement agreements in enforcement actions.

    ``(d) Green Infrastructure Information-
    Sharing <> .--The Administrator shall promote green
    infrastructure information-sharing, including through an internet
    website, to share information with, and provide technical assistance to,
    State, tribal, and local governments, tribal communities, the private
    sector, and the public, regarding green infrastructure approaches for--
    ``(1) reducing water pollution;

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    ``(2) protecting water resources;
    ``(3) complying with regulatory requirements; and
    ``(4) achieving other environmental, public health, and
    community goals.''.

    Approved January 14, 2019.

    LEGISLATIVE HISTORY--H.R. 7279:
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    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 19, considered and passed House.
    Dec. 22, considered and passed Senate.