[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2797 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2797
To amend the Federal Water Pollution Control Act to update a program to
provide assistance for the planning, design, and construction of
treatment works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows, and to require
the Administrator of the Environmental Protection Agency to update
certain guidance used to develop and determine the financial capability
of communities to implement clean water infrastructure programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2014
Mr. Brown introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to update a program to
provide assistance for the planning, design, and construction of
treatment works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows, and to require
the Administrator of the Environmental Protection Agency to update
certain guidance used to develop and determine the financial capability
of communities to implement clean water infrastructure programs.
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 ``Clean Water Affordability Act of
2014''.
SEC. 2. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) by striking subsections (a) through (g) and inserting
the following:
``(a) Grants.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to local or regional authorities or a municipality or
municipal entity for use in planning, designing, and
constructing treatment works to intercept, transport, control,
or treat municipal combined sewer overflows and sanitary sewer
overflows; and
``(2) make a grant directly to a local or regional
authority or municipality or municipal entity for the purposes
described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under this section, a State or the Administrator
shall give priority to--
``(1) an applicant that is a financially distressed
community, as determined by the applicable State under
subsection (c); and
``(2) an applicant that discharges into a water body, or
water body segment, impaired for nutrients or related pollutant
indicators.
``(c) Determination.--In determining whether a community is a
distressed community for the purposes of subsection (b), a State shall
consider, among other factors, the criteria described in section
7(b)(2)(A) of the Clean Water Affordability Act of 2014.
``(d) Cost-Sharing.--
``(1) Federal share.--The Federal share of the cost of any
project or activity carried out using funds from a grant made
under subsection (a) shall be not less than 75 percent.
``(2) Non-federal share.--The non-Federal share of the cost
of any project or activity carried out using funds from a grant
made under subsection (a) may include--
``(A) in any amount, public and private funds and
in-kind services; and
``(B) notwithstanding section 603, financial
assistance, including loans, from a State water
pollution control revolving fund.
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be carried
out subject to the same requirements as a project that receives
assistance from a State water pollution control revolving fund
established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Allocation of Funds.--
``(1) Fiscal year 2015.--For fiscal year 2015, subject to
subsection (g), the Administrator shall use the amounts made
available to carry out this section under subsection (i)(1) to
provide grants to municipalities and municipal entities under
subsection (a)(2) in accordance with the priority criteria
described in subsection (b).
``(2) Fiscal year 2016 and thereafter.--For fiscal year
2016 and each fiscal year thereafter, subject to subsection
(g), the Administrator shall use the amounts appropriated to
carry out this section under subsection (i)(1) to provide
grants to States under subsection (a)(1) in accordance with a
formula that--
``(A) shall be established by the Administrator,
after providing notice and an opportunity for public
comment; and
``(B) allocates to each State a proportional share
of the amounts based on the total needs of the State
for municipal combined sewer overflow controls and
sanitary sewer overflow controls, as identified in the
most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under
section 516(a).'';
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively;
(3) in the first sentence of subsection (h) (as
redesignated by paragraph (2)), by striking ``2003'' and
inserting ``2015''; and
(4) by adding at the end the following:
``(i) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $250,000,000 for fiscal year 2015;
``(B) $300,000,000 for fiscal year 2016;
``(C) $350,000,000 for fiscal year 2017;
``(D) $400,000,000 for fiscal year 2018; and
``(E) $500,000,000 for fiscal year 2019.
``(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) shall remain available until
expended.''.
SEC. 3. INTEGRATED PERMITTING PROCESS.
(a) In General.--Section 402(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1342(a)) is amended by inserting after paragraph
(5) the following:
``(6) Integrated permits.--
``(A) Definition of publicly owned permittee.--In
this paragraph, the term `publicly owned permittee'
means--
``(i) a treatment works (as defined in
section 212) that is publicly owned; and
``(ii) a municipal separate storm sewer
system referred to in this section.
``(B) Planning approach.--The Administrator shall
establish a comprehensive and integrated planning
approach to the obligations under this section of a
publicly owned permittee--
``(i) under which permit obligations may be
implemented according to a schedule that--
``(I) accounts for the financial
capability of the publicly owned
permittee;
``(II) prioritizes permit
obligations according to the most cost-
effective and environmentally
beneficial outcomes;
``(III) accounts for the
preexisting maintenance, operational,
and regulatory obligations of the
publicly owned permittee under this
section; and
``(IV) enables the publicly owned
permittee to implement innovative
approaches to meet those obligations;
and
``(ii) that accounts for changed
circumstances in the obligations of the
publicly owned permittee, such as--
``(I) new innovative treatment
approaches;
``(II) new regulatory requirements;
and
``(III) changes in financial
capability.''.
(b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting
before the semicolon at the end the following: ``, except that a permit
with a term of more than 5 years but not more than 25 years may be
approved if the permittee has an approved integrated plan established
under subsection (a)(6)''.
SEC. 4. COMBINED SEWAGE OVERFLOW LONG-TERM CONTROL PLAN.
Section 402(q) of the Federal Water Pollution Control Act (33
U.S.C. 1342(q)) is amended by adding at the end the following:
``(4) Combined sewage overflow long-term control plan.--
``(A) In general.--The Administrator shall amend
the CSO control policy to allow a publicly owned
treatment work that has an approved long-term control
plan to modify the plan to incorporate green
infrastructure and energy-efficient technologies on a
showing that the use of the technologies can cost-
effectively help to meet the terms of the combined
sewer overflow compliance obligations of the treatment
work.
``(B) Compliance.--The Administrator shall allow a
publicly owned treatment work 30 years to meet
compliance obligations under long-term control plans
modified under this paragraph.''.
SEC. 5. ENVIRONMENTAL PROTECTION AGENCY 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 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE
PROMOTION.
``(a) In General.--The Administrator shall ensure that the Office
of Water, the Office of Enforcement and Compliance Assurance, the
Office of Research and Development, and the Office of Policy of the
Environmental Protection Agency promote the use of green infrastructure
in and coordinate the integration of green infrastructure into,
permitting programs, planning efforts, research, technical assistance,
and funding guidance.
``(b) Duties.--The Administrator shall ensure that the Office of
Water--
``(1) promotes the use of green infrastructure in the
programs of the Environmental Protection Agency; and
``(2) coordinates efforts to increase the use of green
infrastructure with--
``(A) other Federal departments and agencies;
``(B) State, tribal, and local governments; and
``(C) 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, to promote and integrate
the use of green infrastructure within the region that includes--
``(1) a plan for monitoring, financing, mapping, and
designing the green infrastructure;
``(2) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments, tribal
communities, and the private sector; and
``(3) 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;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.
``(e) Green Infrastructure Portfolio Standard.--The Administrator,
in collaboration with State, tribal, and local water resource managers,
shall establish voluntary measurable goals, to be known as the `green
infrastructure portfolio standard', to increase the percentage of
annual water managed by eligible entities that use green
infrastructure.''.
SEC. 6. UPDATING OF GUIDANCE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(3) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality-related
improvements, taking into consideration the criteria described
in subsection (b)(2)(A).
(4) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to combined sewer overflows and sanitary sewer overflows.
(b) Updating.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall update the
guidance to ensure that the evaluations by the Administrator of
financial capability assessment and schedule development meet
the criteria described in paragraph (2).
(2) Criteria.--The criteria described in this paragraph are
that, under the updated guidance--
(A) in assessing financial capability of a
community--
(i) greater emphasis should be placed on
local economic conditions;
(ii) for regional systems, consideration
should be given to the economic conditions of
political jurisdictions and significant
demographic groups within each region;
(iii) prescriptive formulas for use in
calculating financial capability and thresholds
for expenditure should not be considered to be
the only indicator of the financial capability
of a community;
(iv) site-specific local conditions should
be taken into consideration in analyzing
financial capability;
(v) a single measure of financial
capability or affordability (such as median
household income) should be viewed in the
context of other economic measures, rather than
as a threshold to be achieved; and
(vi)(I) consideration should be given to
the economic outlook of a community, including
the potential impact of program requirements
over time, in the development of implementation
schedules; and
(II) the assessment should take into
consideration other essential community
investments relating to water quality
improvements;
(B) with respect to the timing of implementation of
water quality-related improvements--
(i) environmental improvement
implementation schedules should be structured
to mitigate the potential adverse impact on
distressed populations resulting from the costs
of the improvements; and
(ii) implementation schedules should
reflect local community financial conditions
and economic impacts;
(C) with respect to implementation of
methodologies--
(i) a determination of local financial
capability may be achieved through an
evaluation of an array of factors the relative
importance of which may vary across regions and
localities; and
(ii) an appropriate methodology should give
consideration to such various factors as are
appropriate to recognize the prevailing and
projected economic concerns in a community; and
(D) the residential indicator should be revised to
include--
(i) a consideration of costs imposed upon
ratepayers for essential utilities;
(ii) increased consideration and
quantification of local community-imposed costs
in regional systems;
(iii) a mechanism to assess impacts on
communities with disparate economic conditions
throughout the entire service area of a
utility;
(iv) a consideration of the industrial and
population trends of a community;
(v) recognition that--
(I) the median household income of
a service area reflects a numerical
median rather than the distribution of
incomes within the service area; and
(II) more representative methods of
determining affordability, such as
shelter costs, essential utility
payments, and State and local tax
efforts, should be considered;
(vi) cash-flow forecasting rather than
forecasting based on a snapshot evaluation of
community financial capability;
(vii) a consideration of low-income
ratepayer percentages; and
(viii) impacts relating to program
delivery, such as water quality infrastructure
market saturation and program management.
(3) Implementation.--The updated guidance should indicate
that, in a case in which a previously approved long-term
control plan or associated enforceable agreement allows for
modification of the plan or terms of the agreement (including
financial capability considerations), and all parties are in
agreement that a change is needed or that the plan or agreement
contains a reopener provision to address changes in the
economic or financial status of the community since the
effective date of the plan or agreement, reconsideration and
modification of financial capability determinations and
implementation schedules based on the criteria described in
paragraph (2) are appropriate.
(c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
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