[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2226 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2226
To establish a WaterSense program within the Environmental Protection
Agency.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 9, 2014
Mr. Udall of New Mexico introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish a WaterSense program within the Environmental Protection
Agency.
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 ``WaterSense Efficiency, Conservation,
and Adaptation Act of 2014''.
SEC. 2. WATER EFFICIENCY, CONSERVATION, AND ADAPTATION.
(a) Findings.--Congress finds that--
(1)(A) human-induced climate change is affecting the
natural water cycle, decreasing precipitation levels in the
West, especially the Southwest, and making droughts and floods
more frequent and more intense;
(B) declining precipitation levels will severely impact
water supplies in Southwestern States; and
(C) a sharp increase in the number of days with very heavy
precipitation throughout the Northeast and the Midwest will
stress aging water infrastructure;
(2) changes in the water cycle caused by climate
disruptions will adversely affect water infrastructure, energy
production and use, human health, transportation, agriculture,
and ecosystems, while also aggravating water disputes across
the United States;
(3)(A) the Colorado River, which supplies water for more
than 30,000,000 people, is experiencing the worst drought in
more than 100 years of recordkeeping; and
(B) the primary reservoirs of the Colorado River Basin and
Lakes Mead and Powell have lost nearly half of the storage
waters of the reservoirs and Lakes, and clean hydropower
generated from Hoover Dam risks reduction if the extended
drought persists;
(4) States and local governments and water utilities can
begin to address the challenges described in this subsection by
providing incentives for water efficiency and conservation,
while also planning and investing in infrastructure to adapt to
the impacts of climate change, particularly those impacts
already affecting the United States;
(5) residential water demand can be reduced by 25 to 40
percent using existing, cost-effective technologies that also
can reduce the water bills of consumers by hundreds of dollars
per year; and
(6) water and energy use are inseparable activities, and
supplying and treating water consumes around 4 percent of the
electricity of the United States, and electricity makes up 75
percent of the cost of processing and delivering municipal
water.
(b) Definition of Administrator.--In this Act, the term
``Administrator'' means the Administrator of the Environmental
Protection Agency.
(c) WaterSense.--
(1) In general.--There is established within the
Environmental Protection Agency a WaterSense program to
identify and promote water efficient products, buildings,
landscapes, facilities, processes, and services so as--
(A) to reduce water use;
(B) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(C) to conserve energy used to pump, heat,
transport, and treat water; and
(D) to preserve water resources for future
generations, through voluntary labeling of, or other
forms of communications about, products, buildings,
landscapes, facilities, processes, and services that
meet the highest water efficiency and performance
criteria.
(2) Duties.--The Administrator shall--
(A) establish--
(i) a WaterSense label to be used for
certain items; and
(ii) the procedure by which an item may be
certified to display the WaterSense label;
(B) promote WaterSense-labeled products, buildings,
landscapes, facilities, processes, and services in the
market place as the preferred technologies and services
for--
(i) reducing water use; and
(ii) ensuring product and service
performance;
(C) work to enhance public awareness of the
WaterSense label through public outreach, education,
and other means;
(D) preserve the integrity of the WaterSense label
by--
(i) establishing and maintaining
performance criteria so that products,
buildings, landscapes, facilities, processes,
and services labeled with the WaterSense label
perform as well or better than less water-
efficient counterparts;
(ii) overseeing WaterSense certifications
made by third parties;
(iii) conducting reviews of the use of the
WaterSense label in the marketplace and taking
corrective action in any case in which misuse
of the label is identified; and
(iv) carrying out such other measures as
the Administrator determines to be appropriate;
(E) regularly review and, if appropriate, update
WaterSense criteria for categories of products,
buildings, landscapes, facilities, processes, and
services, at least once every 4 years;
(F) to the maximum extent practicable, regularly
estimate and make available to the public the
production and relative market shares of, and the
savings of water, energy, and capital costs of water,
wastewater, and stormwater infrastructure attributable
to the use of WaterSense-labeled products, buildings,
landscapes, facilities, processes, and services, at
least annually;
(G) 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);
(H) 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--
(i) an explanation of the changes; and
(ii) as appropriate, responses to comments
submitted by interested parties and the public;
(I) 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;
(J) identify and, if appropriate, implement other
voluntary approaches in commercial, institutional,
residential, industrial, and municipal sectors to
encourage recycling and reuse technologies to improve
water efficiency or lower water use; and
(K) if appropriate, apply the WaterSense label to
water-using products that are labeled by the Energy
Star program implemented by the Administrator and the
Secretary of Energy.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $7,500,000 for fiscal year 2015;
(B) $10,000,000 for fiscal year 2016;
(C) $20,000,000 for fiscal year 2017;
(D) $50,000,000 for fiscal year 2018; and
(E) for each subsequent fiscal year, the applicable
amount for the preceding fiscal year, as adjusted to
reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(d) State Residential Water Efficiency and Conservation Incentives
Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means a State government, local or county government,
tribal government, wastewater or sewerage utility,
municipal water authority, energy utility, water
utility, or nonprofit organization that meets the
requirements of paragraph (2).
(B) Incentive program.--The term ``incentive
program'' means a program for administering financial
incentives for consumer purchase and installation of
water-efficient products, buildings (including new
water-efficient homes), landscapes, processes, or
services described in paragraph (2)(A).
(C) Residential water-efficient product, building,
landscape, process, or service.--
(i) In general.--The term ``residential
water-efficient product, building, landscape,
process, or service'' means a product,
building, landscape, process, or service for a
residence or its landscape that is rated for
water efficiency and performance--
(I) by the WaterSense program; or
(II) if a WaterSense specification
does not exist, by the Energy Star
program or an incentive program
approved by the Administrator.
(ii) Inclusions.--The term ``residential
water-efficient product, building, landscape,
process, or service'' includes--
(I) faucets;
(II) irrigation technologies and
services;
(III) point-of-use water treatment
devices;
(IV) reuse and recycling
technologies;
(V) toilets;
(VI) clothes washers;
(VII) dishwashers;
(VIII) showerheads;
(IX) xeriscaping and other
landscape conversions that replace
irrigated turf; and
(X) new water efficient homes
certified under the WaterSense program.
(D) Watersense program.--The term ``WaterSense
program'' means the program established by subsection
(c).
(2) Eligible entities.--An entity shall be eligible to
receive an allocation under paragraph (3) if the entity--
(A) establishes (or has established) an incentive
program to provide financial incentives to residential
consumers for the purchase of residential water-
efficient products, buildings, landscapes, processes,
or services;
(B) submits an application for the allocation at
such time, in such form, and containing such
information as the Administrator may require; and
(C) 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.
(3) Amount of allocations.--For each fiscal year, the
Administrator shall determine the amount to allocate to each
eligible entity to carry out paragraph (4), taking into
consideration--
(A) the population served by the eligible entity
during the most recent calendar year for which data are
available;
(B) the targeted population of the incentive
program of the eligible entity, such as general
households, low-income households, or first-time
homeowners, and the probable effectiveness of the
incentive program for that population;
(C) for existing programs, the effectiveness of the
program in encouraging the adoption of water-efficient
products, buildings, landscapes, facilities, processes,
and services;
(D) any allocation to the eligible entity for a
preceding fiscal year that remains unused; and
(E) the per capita water demand of the population
served by the eligible entity during the most recent
calendar year for which data are available and the
accessibility of water supplies to the eligible entity.
(4) Use of allocated funds.--Funds allocated to an eligible
entity under paragraph (3) may be used to pay up to 50 percent
of the cost of establishing and carrying out an incentive
program.
(5) Fixture recycling.--Eligible 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 subsection.
(6) Issuance of incentives.--
(A) In general.--Financial incentives may be
provided to residential consumers that meet the
requirements of the applicable incentive program.
(B) Manner of issuance.--An eligible entity may--
(i) issue all financial incentives directly
to residential consumers; or
(ii) with approval of the Administrator,
delegate all or part of financial incentive
administration to other organizations,
including local governments, municipal water
authorities, water utilities, and nonprofit
organizations.
(C) Amount.--The amount of a financial incentive
shall be determined by the eligible entity, taking into
consideration--
(i) the amount of any Federal or State tax
incentive available for the purchase of the
residential water-efficient product or service;
(ii) the amount necessary to change
consumer behavior to purchase water-efficient
products and services; and
(iii) the consumer expenditures for onsite
preparation, assembly, and original
installation of the product.
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section--
(A) $100,000,000 for fiscal year 2015;
(B) $150,000,000 for fiscal year 2016;
(C) $200,000,000 for fiscal year 2017;
(D) $150,000,000 for fiscal year 2018;
(E) $100,000,000 for fiscal year 2019; and
(F) for each subsequent fiscal year, the applicable
amount for the preceding fiscal year, as adjusted to
reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(e) Blue Bank for Water System Mitigation and Adaptation.--
(1) Definitions.--In this subsection:
(A) Abrupt climate change.--The term ``abrupt
climate change'' means a large-scale change in the
climate system that--
(i) takes place over a few decades or less;
(ii) persists (or is anticipated to
persist) for at least a few decades; and
(iii) causes substantial disruptions in
human and natural systems.
(B) Owner or operator.--
(i) In general.--The term ``owner or
operator'' means a person (including a
regional, State, local, municipal, or private
entity) that owns or operates a water system.
(ii) Inclusion.--The term ``owner or
operator'' includes a non-Federal entity that
has operational responsibilities for a
federally owned water system.
(C) Water system.--The term ``water system''
means--
(i) a community water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f));
(ii) a publicly owned treatment works (as
defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)),
including a municipal separate storm sewer
system;
(iii) a decentralized wastewater treatment
system for domestic sewage;
(iv) a groundwater storage and
replenishment system; or
(v) a system for transport and delivery of
water for irrigation or conservation.
(2) Grants.--Beginning in fiscal year 2015, the
Administrator shall make grants to owners or operators of water
systems to address any ongoing or forecasted (based on the best
available research and data) climate-related impact on the
water quality or quantity of a region of the United States, for
the purposes of mitigating or adapting to the impacts of
climate change.
(3) Eligible uses.--In carrying out this subsection, the
Administrator shall make grants to assist in the planning,
design, construction, implementation, or maintenance of any
program or project to increase the resilience of a water system
to climate change by--
(A) conserving water or enhancing water use
efficiency, including through the use of water metering
to measure the effectiveness of a water efficiency
program;
(B) modifying or relocating existing water system
infrastructure made or projected to be made inoperable
by climate change impacts;
(C) preserving or improving water quality,
including through measures to manage, reduce, treat, or
reuse municipal stormwater, wastewater, or drinking
water;
(D) investigating, designing, or constructing
groundwater remediation, recycled water, or
desalination facilities or systems;
(E) enhancing water management by increasing
watershed preservation and protection, such as through
the use of natural or engineered green infrastructure
in the management, conveyance, or treatment of water,
wastewater, or stormwater;
(F) enhancing energy efficiency or the use and
generation of renewable energy in the management,
conveyance, or treatment of water, wastewater, or
stormwater;
(G) supporting the adoption and use of advanced
water treatment, water supply management (such as
reservoir reoperation), or water demand management
technologies, projects, or processes (such as water
reuse and recycling or adaptive conservation pricing)
that maintain or increase water supply or improve water
quality;
(H) modifying or replacing existing systems or
constructing new systems for existing communities or
land currently in agricultural production to improve
water availability, storage, or conveyance in a manner
that--
(i) promotes more efficient use of
available water supplies; and
(ii) does not further exacerbate stresses
on ecosystems;
(I) supporting practices and projects, such as
improved irrigation systems, water banking and other
forms of water transactions, groundwater recharge,
stormwater capture, and reuse or recycling of drainage
water, to improve water quality or promote more
efficient water use, including on land currently in
agricultural production;
(J) conducting and completing studies or
assessments to project how climate change may impact
the future operations and sustainability of water
systems; or
(K) developing and implementing mitigation measures
to rapidly address impacts on water systems most
susceptible to abrupt climate change, including those
in the Colorado River Basin and coastal regions at risk
from rising sea levels.
(4) Application.--To be eligible to receive a grant from
the Administrator under paragraph (2), the owner or operator of
a water system shall submit to the Administrator an application
that--
(A) includes a proposal of the program, strategy,
or infrastructure improvement to be planned, designed,
constructed, implemented, or maintained by the water
system;
(B) cites the best available research or data that
demonstrates--
(i) the risk to the water resources or
infrastructure of the water system as a result
of ongoing or forecasted changes to the
hydrological system brought about by factors
arising from climate change, including rising
sea levels and changes in precipitation levels;
and
(ii) how the proposed program, strategy, or
infrastructure improvement would perform under
the anticipated climate conditions;
(C) explains how the proposed program, strategy, or
infrastructure improvement is expected to enhance the
resiliency of the water system, including source water
protection for community water systems, to these risks
or reduce the direct or indirect greenhouse gas
emissions of the water system; and
(D) demonstrates that the program, strategy, or
infrastructure improvement is--
(i) consistent with any approved State and
tribal climate adaptation plan; and
(ii) not inconsistent with any approved
natural resources plan.
(5) Competitive process.--
(A) In general.--Each calendar year, the
Administrator shall conduct a competitive process to
select and fund applications under this subsection.
(B) Priority requirements and weighting.--In
carrying out the process, the Administrator shall--
(i) prioritize funding of applications that
are submitted by the owners or operators of
water systems that are, based on the best
available research and data, at the greatest
and most immediate risk of facing significant
climate-related negative impacts on water
quality or quantity;
(ii) in selecting among the priority
applications determined under clause (i),
ensure that the final list of applications
funded for each year includes a substantial
number that, to the maximum extent practicable,
includes each eligible use described in
paragraph (3);
(iii) solicit applications from water
systems that are--
(I) located in all regions of the
United States; and
(II) facing varying risks as a
result of climate change; and
(iv) provide for solicitation and
consideration of public input in the
development of criteria used in evaluating
applications.
(6) Cost sharing.--
(A) Federal share.--The Federal share of the cost
of any program, strategy, or infrastructure improvement
that is the subject of a grant awarded by the
Administrator to a water system under paragraph (2)
shall not exceed 50 percent of the cost of the program,
strategy, and infrastructure improvement.
(B) Calculation of non-federal share.--In
calculating the non-Federal share of the cost of a
program, strategy, or infrastructure improvement
proposed by a water system through an application
submitted by the water system under paragraph (4), the
Administrator shall--
(i) include the value of any in-kind
services that are integral to the completion of
the program, strategy, or infrastructure
improvement, as determined by the
Administrator; and
(ii) not include any other amount that the
water system receives from a Federal agency.
(7) Labor standards.--
(A) In general.--All laborers and mechanics
employed on infrastructure improvements funded directly
by or assisted in whole or in part by this subsection
shall be paid wages at rates not less than those
prevailing for the same type of work on similar
construction in the immediate locality, as determined
by the Secretary of Labor in accordance with subchapter
IV of chapter 31 of part A of subtitle II of title 40,
United States Code.
(B) Authority and functions.--With respect to the
labor standards in this paragraph, the Secretary of
Labor shall have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40,
United States Code.
(8) Regulations.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
promulgate final regulations to carry out this
subsection.
(B) Special rule for the construction of treatment
works.--In carrying out this paragraph, the
Administrator shall incorporate all relevant and
appropriate requirements of title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.)
applicable to the construction of treatment works that
are carried out under this subsection.
(9) Report to congress.--Not later than 3 years after the
date of enactment of this Act, and every 3 years thereafter,
the Administrator shall submit to the Congress a report on
progress in implementing this subsection, including information
on project applications received and funded annually.
(10) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
are necessary.
<all>