[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1137 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1137
To amend the Safe Drinking Water Act and the Federal Water Pollution
Control Act to include provisions relating to drinking water and
wastewater infrastructure, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2017
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act and the Federal Water Pollution
Control Act to include provisions relating to drinking water and
wastewater 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Safe
Reliable Water Infrastructure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DRINKING WATER INFRASTRUCTURE
Sec. 101. Sense of Congress on appropriations levels.
Sec. 102. Other authorized activities.
Sec. 103. Negotiation of contracts.
Sec. 104. WaterSense program.
TITLE II--WASTEWATER INFRASTRUCTURE
Sec. 201. Sewer overflow control grants.
TITLE I--DRINKING WATER INFRASTRUCTURE
SEC. 101. SENSE OF CONGRESS ON APPROPRIATIONS LEVELS.
It is the sense of Congress that Congress should provide robust
funding of capitalization grants to States to fund those States'
drinking water treatment revolving loan funds established under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) and the State
water pollution control revolving funds established under title VI of
the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
SEC. 102. OTHER AUTHORIZED ACTIVITIES.
Section 1452(k) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(k)) is amended--
(1) in paragraph (1)(D), by inserting ``and the
implementation of plans to protect source water identified in a
source water assessment under section 1453'' before the period
at the end; and
(2) in paragraph (2)(E), by inserting ``and implement plans
to protect source water identified in a source water assessment
under section 1453'' after ``wellhead protection programs''.
SEC. 103. NEGOTIATION OF CONTRACTS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended by adding at the end the following:
``(s) Negotiation of Contracts.--For communities with populations
of more than 10,000 individuals, a contract to be carried out using
funds directly made available by a capitalization grant under this
section for program management, construction management, feasibility
studies, preliminary engineering, design, engineering, surveying,
mapping, or architectural or related services shall be negotiated in
the same manner as--
``(1) a contract for architectural and engineering services
is negotiated under chapter 11 of title 40, United States Code;
or
``(2) an equivalent State qualifications-based requirement
(as determined by the Governor of the State).''.
SEC. 104. WATERSENSE PROGRAM.
The Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding after part F the following:
``PART G--ADDITIONAL PROVISIONS
``SEC. 1471. WATERSENSE PROGRAM.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the Agency a
voluntary WaterSense program to identify and promote water-
efficient products, buildings, landscapes, facilities,
processes, and services that, through voluntary labeling of, or
other forms of communications regarding, products, buildings,
landscapes, facilities, processes, and services while meeting
strict performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community
water systems and wastewater and stormwater
infrastructure;
``(C) conserve energy used to pump, heat,
transport, and treat water; and
``(D) preserve water resources for future
generations.
``(2) Inclusions.--The Administrator shall, consistent with
this section, identify water-efficient products, buildings,
landscapes, facilities, processes, and services, including
categories such as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions
that reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as appropriate with
the Secretary of Energy, shall--
``(1) establish--
``(A) a WaterSense label to be used for items
meeting the certification criteria established in
accordance with this section; and
``(B) the procedure, including the methods and
means, and criteria by which an item may be certified
to display the WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible
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;
``(B) overseeing WaterSense certifications made by
third parties, which shall be independent third-party
product certification bodies accredited by an
accreditation entity domiciled in the United States,
such as the American National Standards Institute, as
achieving--
``(i) the requirements described in the
document of the International Organization for
Standardization and the International
Electrotechnical Commission entitled `ISO/IEC
17065 Conformity assessment--Requirements for
bodies certifying products, processes and
services' and dated September 2012; and
``(ii) the applicable WaterSense
requirements;
``(C) as determined appropriate by the
Administrator, using testing protocols, from the
appropriate, applicable, and relevant consensus
standards, for the purpose of determining standards
compliance; and
``(D) auditing the use of the WaterSense label in
the marketplace and preventing cases of misuse;
``(4) not more than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested
parties and the public of any changes, including
effective dates, and an explanation of the changes;
``(B) solicit comments from interested parties and
the public prior to any changes;
``(C) as appropriate, respond to comments submitted
by interested parties and the public; and
``(D) provide an appropriate transition time prior
to the applicable effective date of any changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific
water-efficient product, building, landscape, process,
or service category being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the maximum extent
practicable and not less than annually, regularly estimate and make
available to the public the production and relative market shares and
savings of water, energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled products,
buildings, landscapes, facilities, processes, and services.
``(d) Distinction of Authorities.--In setting or maintaining
specifications for Energy Star pursuant to section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a), and WaterSense under
this section, the Secretary of Energy and the Administrator shall
coordinate to prevent duplicative or conflicting requirements among the
respective programs.
``(e) No Warranty.--A WaterSense label shall not create an express
or implied warranty.''.
TITLE II--WASTEWATER INFRASTRUCTURE
SEC. 201. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended--
(1) in subsection (a), by striking the subsection
designation and heading and all that follows through ``subject
to subsection (g), the Administrator may'' in paragraph (2) and
inserting the following:
``(a) Authority.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for planning,
designing, and constructing--
``(A) treatment works to intercept, transport,
control, or treat municipal combined sewer overflows
and sanitary sewer overflows; and
``(B) measures to manage, reduce, treat, or
recapture stormwater or subsurface drainage water; and
``(2) subject to subsection (g),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the semicolon at
the end and inserting ``; or'';
(B) by striking paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph
(2);
(3) by striking subsections (e) through (g) and inserting
the following:
``(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) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) $250,000,000 for fiscal year 2017;
``(2) $300,000,000 for fiscal year 2018;
``(3) $350,000,000 for fiscal year 2019;
``(4) $400,000,000 for fiscal year 2020; and
``(5) $500,000,000 for fiscal year 2021.
``(g) Allocation of Funds.--
``(1) Fiscal year 2017 and 2018.--For each of fiscal years
2017 and 2018, subject to subsection (h), the Administrator
shall use the amounts made available to carry out this section
to provide grants to municipalities and municipal entities
under subsection (a)(2)--
``(A) in accordance with the priority criteria
described in subsection (b); and
``(B) with additional priority given to proposed
projects that involve the use of--
``(i) nonstructural, low-impact
development;
``(ii) water conservation, efficiency, or
reuse; or
``(iii) other decentralized stormwater or
wastewater approaches to minimize flows into
the sewer systems.
``(2) Fiscal year 2019 and thereafter.--For fiscal year
2019 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts made available to
carry out this section 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(b)(1).''; and
(4) by striking subsection (i).
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