[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 123 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 123
To encourage water efficiency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mr. Holt (for himself and Mr. George Miller of California) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Oversight and Government
Reform and Armed Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage water efficiency.
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 Advanced Technologies for
Efficient Resource Use Act of 2013''.
SEC. 2. WATERSENSE.
(a) In General.--There is established within the Environmental
Protection Agency a WaterSense program to identify and promote water
efficient products, buildings and landscapes, and services in order--
(1) to reduce water use;
(2) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(3) to conserve energy used to pump, heat, transport, and
treat water; and
(4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications about,
products, buildings and landscapes, and services that meet the highest
water efficiency and performance standards.
(b) Duties.--The Administrator of the Environmental Protection
Agency shall--
(1) promote WaterSense labeled products, buildings and
landscapes, and services in the market place as the preferred
technologies and services for--
(A) reducing water use; and
(B) ensuring product and service performance;
(2) work to enhance public awareness of the WaterSense
label through public outreach, education, water recycling and
reuse technology research and development, and other means;
(3) establish and maintain performance standards so that
products, buildings and landscapes, and services labeled with
the WaterSense label perform as well or better than their less
efficient counterparts;
(4) publicize the importance of proper installation of
WaterSense plumbing products by a WaterSense-certified or, if
WaterSense certification guidelines do not exist, licensed
plumber or mechanical contractor, and the installation,
maintenance, and audit of WaterSense irrigation systems by a
WaterSense-certified irrigation professional to ensure optimal
performance;
(5) preserve the integrity of the WaterSense label;
(6) regularly review and, when appropriate, update
WaterSense criteria for categories of products, buildings and
landscapes, and services, at least once every four years;
(7) regularly collect and make available to the public
summary data on the production and relative market shares of
WaterSense labeled products, buildings and landscapes, and
services, at least annually;
(8) regularly estimate and make available to the public the
water and energy savings attributable to the use of WaterSense
labeled products, buildings and landscapes, and services, at
least annually;
(9) solicit comments from interested parties and the public
prior to establishing or revising a WaterSense category,
specification, installation criterion, or other criterion (or
prior to effective dates for any such category, specification,
installation criterion, or other criterion);
(10) provide reasonable notice to interested parties and
the public of any changes (including effective dates), on the
adoption of a new or revised category, specification,
installation criterion, or other criterion, along with--
(A) an explanation of changes; and
(B) as appropriate, responses to comments submitted
by interested parties;
(11) provide appropriate lead time (as determined by the
Administrator) prior to the applicable effective date for a new
or significant revision to a category, specification,
installation criterion, or other criterion, taking into account
the timing requirements of the manufacturing, marketing,
training, and distribution process for the specific product,
building and landscape, or service category addressed; and
(12) identify and, where appropriate, implement other
voluntary approaches, such as labeling waterless devices that
perform the same function as a water consuming product or
encouraging reuse, reclamation, and recycling technologies, in
commercial, institutional, residential, municipal, and
industrial sectors to improve water efficiency or lower water
use while meeting the performance standards established under
paragraph (3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated $7,500,000 for fiscal year 2014, $10,000,000 for fiscal
year 2015, $20,000,000 for fiscal year 2016, and $50,000,000 for fiscal
year 2017 and each year thereafter, adjusted for inflation, to carry
out this section.
SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 7902(a) of title 5, United States Code.
(2) Watersense product or service.--The term ``WaterSense
product or service'' means a product or service that is rated
for water efficiency under the WaterSense program.
(3) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(4) FEMP designated product.--The term ``FEMP designated
product'' means a product that is designated under the Federal
Energy Management Program of the Department of Energy as being
among the highest 25 percent of equivalent products for
efficiency.
(5) Product and service.--The terms ``product'' and
``service'' do not include any water consuming product or
service designed or procured for combat or combat-related
missions. The terms also exclude products or services already
covered by the Federal procurement regulations established
under section 553 of the National Energy Conservation Policy
Act (42 U.S.C. 8259b).
(b) Procurement of Water Efficient Products.--
(1) Requirement.--To meet the requirements of an agency for
a water consuming product or service, the head of the agency
shall, except as provided in paragraph (2), procure--
(A) a WaterSense product or service; or
(B) a FEMP designated product.
A WaterSense plumbing product should preferably, when possible,
be installed by a WaterSense-certified or, if WaterSense
certification guidelines do not exist, licensed plumber or
mechanical contractor, and a WaterSense irrigation system
should preferably, when possible, be installed, maintained, and
audited by a WaterSense-certified irrigation professional to
ensure optimal performance.
(2) Exceptions.--The head of an agency is not required to
procure a WaterSense product or service or FEMP designated
product under paragraph (1) if the head of the agency finds in
writing that--
(A) a WaterSense product or service or FEMP
designated product is not cost-effective over the life
of the product, taking current and future energy,
water, and wastewater cost savings into account; or
(B) no WaterSense product or service or FEMP
designated product is reasonably available that meets
the functional requirements of the agency.
(3) Procurement planning.--The head of an agency shall
incorporate into the specifications for all procurements
involving water consuming products and systems, including guide
specifications, project specifications, and construction,
renovation, and services contracts that include provision of
water consuming products and systems, and into the factors for
the evaluation of offers received for the procurement, criteria
used for rating WaterSense products and services and FEMP
designated products. The head of an agency shall consider, to
the maximum extent practicable, additional measures for
reducing agency water consumption, including water reuse,
reclamation, and recycling technologies, leak detection and
repair, and use of waterless products that perform similar
functions to existing water-consuming products.
(c) Listing of Water Efficient Products in Federal Catalogs.--
WaterSense products and services and FEMP designated products shall be
clearly identified and prominently displayed in any inventory or
listing of products by the General Services Administration or the
Defense Logistics Agency. The General Services Administration and the
Defense Logistics Agency shall supply only WaterSense products or FEMP
designated products for all product categories covered by the
WaterSense program or the Federal Energy Management Program, except in
cases where the agency ordering a product specifies in writing that no
WaterSense product or FEMP designated product is available to meet the
buyer's functional requirements, or that no WaterSense product or FEMP
designated product is cost-effective for the intended application over
the life of the product, taking energy, water, and wastewater cost
savings into account.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall issue regulations to carry out this section.
SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means a
State government, local or county government, tribal
government, wastewater or sewage utility, municipal water
authority, energy utility, water utility, or nonprofit
organization that meets the requirements of subsection (b).
(3) Incentive program.--The term ``incentive program''
means a program for administering financial incentives for
consumer purchase and installation of residential water
efficient products and services as described in subsection
(b)(1).
(4) Residential water efficient product or service.--The
term ``residential water efficient product or service'' means a
product or service for a single-family or multifamily residence
or its landscape that is rated for water efficiency and
performance--
(A) by the WaterSense program; or
(B) by an incentive program and approved by the
Administrator.
Categories of water efficient products and services may include
faucets, irrigation technologies and services, point-of-use
water treatment devices, reuse, reclamation, and recycling
technologies, toilets, and showerheads.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(6) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(b) Eligible Entities.--An entity shall be eligible to receive an
allocation under subsection (c) if the entity--
(1) establishes (or has established) an incentive program
to provide rebates, vouchers, other financial incentives, or
direct installs to consumers for the purchase and installation
of residential water efficient products or services;
(2) submits an application for the allocation at such time,
in such form, and containing such information as the
Administrator may require; and
(3) provides assurances satisfactory to the Administrator
that the entity will use the allocation to supplement, but not
supplant, funds made available to carry out the incentive
program.
(c) Amount of Allocations.--For each fiscal year, the Administrator
shall determine the amount to allocate to each eligible entity to carry
out subsection (d) taking into consideration--
(1) the population served by the eligible entity in the
most recent calendar year for which data are available;
(2) the targeted population of the eligible entity's
incentive program, such as general households, low-income
households, or first-time homeowners, and the probable
effectiveness of the incentive program for that population;
(3) for existing programs, the effectiveness of the
incentive program in encouraging the adoption of water
efficient products and services; and
(4) any prior year's allocation to the eligible entity that
remains unused.
(d) Use of Allocated Funds.--Funds allocated to an entity under
subsection (c) may be used to pay up to 50 percent of the cost of
establishing and carrying out an incentive program.
(e) Fixture Recycling.--Entities are encouraged to promote or
implement fixture recycling programs to manage the disposal of older
fixtures replaced due to the incentive program under this section.
(f) Issuance of Rebates.--Financial incentives may be provided to
consumers that meet the requirements of the incentive program. The
entity may issue all financial incentives directly to consumers or,
with approval of the Administrator, delegate some or all financial
incentive administration to other organizations including, but not
limited to, local governments, municipal water authorities, and water
utilities. The amount of a financial incentive shall be determined by
the entity, taking into consideration--
(1) the amount of the allocation to the entity under
subsection (c);
(2) the amount of any Federal, State, or other
organization's tax or financial incentive available for the
purchase of the residential water efficient product or service;
(3) the amount necessary to change consumer behavior to
purchase water efficient products and services; and
(4) the consumer expenditures for onsite preparation,
assembly, and original installation of the product.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for fiscal year 2014, $100,000,000 for fiscal year 2015, $150,000,000
for fiscal year 2016, $100,000,000 for fiscal year 2017, and
$50,000,000 for fiscal year 2018.
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