Drinking Water and Wastewater Infrastructure Act of 2021
Summary
Senate Report 117–20, 1st Session, on the Drinking Water and Wastewater Infrastructure Act of 2021, ordered to be printed May 10, 2021. The Committee on Environment and Public Works reports favorably on S. 914, a bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to reauthorize programs under those Acts, with an amendment in the nature of a substitute, and recommends that the bill, as amended, do pass. The general statement says Title I concerns drinking water and Title II concerns clean water, including reauthorization of the Clean Water State Revolving Fund. The section-by-section explanation says the emergency program is reauthorized at $35 million for each of fiscal years from 2022 through 2026.
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Cite this document
“Drinking Water and Wastewater Infrastructure Act of 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117srpt20-crpt-117srpt20/
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117TH CONGRESS REPORT
" SENATE !
1st Session 117–20
DRINKING WATER AND WASTEWATER INFRASTRUCTURE
ACT OF 2021
MAY 10, 2021.—Ordered to be printed
Mr. CARPER, from the Committee on Environment and Public
Works, submitted the following
R E P O R T
[To accompany S. 914]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 914) to amend the Safe Drinking Water Act
and the Federal Water Pollution Control Act to reauthorize pro-
grams under those Acts, and for other purposes, having considered
the same, reports favorably thereon with an amendment in the na-
ture of a substitute and recommends that the bill, as amended, do
pass.
GENERAL STATEMENT
The Drinking Water and Wastewater Infrastructure Act of 2021
(DWWIA), creates, updates, and improves Environmental Protec-
tion Agency (EPA) programs associated with drinking water infra-
structure under the Safe Drinking Water Act (SDWA) and clean
water infrastructure under the Federal Water Pollution Control Act
(Clean Water Act or CWA).
Title I, focused on drinking water related policy, reauthorizes
critical Safe Drinking Water Act programs, including the Drinking
Water State Revolving Fund (DWSRF), to protect public health
through promoting compliance with drinking water standards, re-
forming drinking water programs, and promote resilience of drink-
ing water systems from natural hazards, cybersecurity
vulnerabilities, or extreme weather events, included those related
to climate change. This bill focuses on expanding program eligi-
bility and opportunities for small, rural, tribal, and disadvantaged
communities, including programs focused on resilience and sustain-
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ability. The bill also creates lead reduction programs and author-
19–010
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izes grants to assist communities and drinking water systems with
Safe Drinking Water Act compliance.
Title II, focused on clean water related policy, authorizes water
and wastewater infrastructure programs under the Clean Water
Act. These programs focus on financial opportunities, construction,
technical assistance, resiliency, and efficiency. This title reauthor-
izes the important financing mechanism the Water Infrastructure
and Finance Innovation Act loan program (WIFIA), and it reau-
thorizes the Clean Water State Revolving Fund (CWSRF) for the
first time since 1987. This title also contains several provisions
that focus on the critical need of technical assistance and on-site
specialists, including a provision to address challenges facing the
sufficiency and sustainability of the water utility workforce. This
title contains grant programs to assist small and disadvantaged
communities, facilitate water efficiency, and improve water system
resiliency. The title also authorizes programs for water reuse,
water supply, sewer overflow, and stormwater collection.
Objectives of the Legislation
The objective of S. 914 is to authorize and modify drinking water
and wastewater programs to meet the nation’s drinking water and
wastewater infrastructure needs. It will help sustainably increase
access to, and ensure delivery of, safe, reliable drinking water by
facilitating critical water infrastructure, resiliency, technical assist-
ance, and financial assistance programs. It will also improve waste-
water infrastructure across the country by investing in programs
that focus on financial opportunities, construction, technical assist-
ance, resiliency and efficiency for wastewater systems.
Summary of the Major Provisions
To achieve these objectives, S. 914:
• Increases funding authorizations for the Clean Water
State Revolving Fund and Drinking Water State Revolving
Fund and provides increased program flexibilities for states to
invest in community water projects that address aging infra-
structure and improve water quality.
• Increases funding for the Assistance for Small and Dis-
advantaged Communities Grant Program as well as creates an
additional discretionary grant program for states with high
demonstrated need to help small, rural, disadvantaged, and
tribal communities fund drinking water infrastructure projects.
• Addresses water affordability through a needs assessment
and the creation of a Rural and Low-Income Drinking Water
Assistance Pilot Program that awards grants to eligible enti-
ties to develop and implement programs to assist low-income
households with need in maintaining access to affordable and
reliable drinking water and wastewater treatment.
• Authorizes set asides and grants for technical assistance to
nonprofits in order to assist struggling water systems with
maintaining compliance.
• Requires states to use 12 percent of its drinking water cap-
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italization grant and 10 percent of its clean water capitaliza-
tion grant to provide loan forgiveness, negative interest loans,
or grants or to buy, refinance, or purchase debt.
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• Connects households to public drinking water and waste-
water services and decentralized wastewater services and im-
proves sanitation in Alaskan rural and native villages.
• Increases funding for water workforce development
through education and apprenticeship programs.
• Authorizes new and existing programs to address lead con-
tamination through lead inventorying and lead abatement, as
well as testing and compliance monitoring at schools and
childcare facilities.
• Improves the operational sustainability of small public
water systems by improving the ability to identify and respond
to water infrastructure failures.
• Helps communities combat the effects of natural hazards,
cybersecurity vulnerabilities, and extreme weather events, in-
cluding those due to climate change, by funding Infrastructure
Resiliency and Sustainability Grant Programs for drinking
water and wastewater infrastructure.
• Provides investment in new technologies across the water
sector that can help utilities reduce costs and increase energy
efficiency.
Other Noteworthy Provisions
DWWIA reauthorizes the Research, Technical Assistance, Infor-
mation, Training of Personnel Grant Program for the first time
since 2002. Following the terrorist attacks of 9/11, the Public
Health Security and Bioterrorism Preparedness and Response Act
of 2002 (P.L. 107–188) reauthorized the appropriation for SDWA
section 144(b) at the prior authorized level of $35 million, express-
ing Congressional intent to provide funding for drinking water
emergencies, including those that may occur from a subsequent ter-
rorist attack. Given the growing problems with drinking water con-
taminants, including but not limited to lead, per- and
polyfluoroalkyl substances (PFAS), and 1,4-dioxane, as well as the
continued response to the COVID–19 pandemic, the Committee in-
cluded an authorization for this program to ensure adequate re-
sources are available to meet current and future drinking water
emergencies.
DWWIA also creates a new Rural and Low-Income Drinking
Water Assistance Pilot Program to address the growing concern
about water affordability. The pilot program is envisioned to be a
logical outgrowth of the findings from the Needs Assessment for
Nationwide Rural and Urban Low-Income Community Water As-
sistance that is also created in this bill. However, in contrast to the
existing Low-Income Home Energy Assistance Program run by the
Department of Health and Human Services, and the accompanying
water program Low-Income Household Drinking Water and Waste-
water Emergency Assistance Program created in Consolidated Ap-
propriations Act 2021 (P.L. 116–260), and provided additional fund-
ing in the American Rescue Plan Act of 2021 (P.L. 117–2), this pro-
gram awards grants to a municipality, tribal government, or other
entity that owns or operates a community water system or treat-
ment works that services a disproportionate level of low-income
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households, including low-income renters, as defined in the provi-
sion, or that has taken on an unsustainable level of debt due to
customer nonpayment.
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The pilot program directs the Administrator to establish, not
later than 90 days after the Administrator submits the drinking
water needs assessment to Congress, a pilot program to address
water affordability. The pilot program will award grants to eligible
entities to develop and implement programs to assist low-income
households with need in maintaining access to affordable and reli-
able drinking water and wastewater treatment. Types of assistance
could include direct financial assistance, a lifeline rate, bill dis-
counting, special hardship provisions, a percentage-of-income pay-
ment plan, or debt relief for the eligible entity of the community
water system owned by the eligible entity if it is determine by the
Administrator to be in the interest of public health.
BACKGROUND
The Federal Water Pollution Control Act (Clean Water Act or
CWA) was enacted in 1948, significantly revised in 1972 to take its
current form, and amended again in 1987 to create the Clean
Water State Revolving Fund. The CWA establishes a framework
for protecting water quality based on a comprehensive State-Fed-
eral program to control the discharges of pollutants into waterways
and to provide Federal financial assistance to improve water qual-
ity and comply with the requirements of the Act.
Our nation’s wastewater infrastructure currently includes more
than 16,000 publicly-owned wastewater treatment plants, 800,000
miles of public sewers, and 500,000 miles of private lateral sewers
connecting private property to public sewer lines.1 Initial efforts
under the CWA focused on bringing all communities into compli-
ance with secondary treatment standards for the discharge of sew-
age. This effort was supported by federal grants totaling more than
$53 billion between 1973 and 1990.
The 1987 amendments to the CWA created Clean Water State
Revolving Funds, allowing these federal grants to be issued by
states to local projects in the form of revolving loans.2 Under these
amendments, Congress provides annual appropriations to the Envi-
ronmental Protection Agency (EPA), which then distributes a grant
to each state to capitalize its own state revolving fund. The states
then use these funds to make low-interest loans to assist with
CWA compliance and finance water and wastewater infrastructure
projects. States are also required by Congress to use a portion of
the funding to provide additional subsidies for disadvantaged com-
munities (as defined by the State).
Through Fiscal Year 2020, Congress has provided $48 billion in
capitalization grants for the state CWSRFs, including $1.639 bil-
lion in FY 2020. States must provide 20 percent in matching funds.
In January 2016, EPA published its Report to Congress on the
Agency’s 2012 Clean Watersheds Needs Survey—the sixteenth na-
tional survey of capital costs to address water quality since the en-
actment of the CWA in 1972. The Clean Watersheds Needs Survey
estimated the clean water infrastructure need at $271 billion over
the next 20 years. The clean water infrastructure needs include
capital needs for publicly-owned wastewater pipes and treatment
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1 https://infrastructurereportcard.org/wp-content/uploads/2020/12/Wastewater-2021.pdf.
2 The Water Quality Act of 1987 (P.L. 100–4) amended numerous Clean Water Act provisions
and added Title VI, State Water Pollution Control Revolving Funds (33 U.S.C. 1388).
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facilities ($197.8 billion), combined sewer overflow infrastructure
($48.0 billion), stormwater management ($19.2 billion), and recy-
cled water treatment and distribution ($6.1 billion).3
The Safe Drinking Water Act (SDWA), enacted in 1974, author-
izes EPA to promulgate national primary drinking water regula-
tions to control contaminants in drinking water to protect public
health.4 SDWA regulations apply to public water systems that have
at least fifteen service connections or regularly serve at least twen-
ty-five individuals.5
In 1996, to help communities meet the health-based require-
ments of the SDWA, the statute was amended to add the Drinking
Water State Revolving Fund (DWSRF).6 Like the CWSRF, the
DWSRF provides low-interest loans to community water systems.
States are also required use a portion of the funding to provide ad-
ditional subsidies for disadvantaged communities (as defined by the
State).7
Through fiscal year 2020, Congress has provided more than
$24.4 billion in capitalization grants for the DWSRF, including
$1.126 billion in fiscal year 2020.8 States must provide 20 percent
in matching funds.9
In March 2018, EPA published its sixth national assessment,
Drinking Water Infrastructure Needs Survey, which estimated the
infrastructure investment necessary for public water systems to
continue to provide safe drinking water. It estimated that the na-
tion’s drinking water utilities require $472.6 billion in infrastruc-
ture investments over the next 20 years in order to ensure public
health, security, and the economic well-being of our cities, towns,
and communities.10
According to the EPA Needs Survey, the national drinking water
20-year need includes $74.4 billion for small water systems (serv-
ing 3,300 or fewer people), $210 billion for medium water systems
(serving 3,301 to 100,000), and $174.4 billion for large water sys-
tems (serving over 100,000).11 The needs of water systems serving
Indian, Alaskan Native Village, and not-for-profit water systems to-
tals around $8.9 billion.12
SECTION-BY-SECTION
Title
To amend the Safe Drinking Water Act and the Federal Water
Pollution Control Act to reauthorize programs under those Acts,
and for other purposes.
3 See EPA, Clean Watersheds Needs Survey (CWNS) Report to Congress—2012, 2016, https://
www.epa.gov/cwns
4 SDWA Section 1412(b); 42 U.S.C. 300g–1(b)
5 Id.
6 SDWA Section 1452; 42 U.S.C. 300j–12. The Safe Drinking Water Act Amendments of 1996
(P.L. 104–182, Section 130) added the Drinking Water State Revolving Fund to SDWA.
7 SDWA Section 1452(j); 42 U.S.C. 300j–12(j).
8 Compiled by CRS from annual appropriations acts.
9 SDWA Section 1452(e); 42 U.S.C. 300j–12(e).
10 EPA, Drinking Water Infrastructure Needs Survey and Assessment: Sixth Report to Con-
gress, 2018, https://www.epa.gov/dwsrf/epas-6th-drinking-water-infrastructure-needs-survey-and-
assessment.
11 From Exhibit 1.5 p.19 of EPA, Drinking Water Infrastructure Needs Survey and Assessment:
Sixth Report to Congress, 2018, https://www.epa.gov/dwsrf/epas-6th-drinking-water-infrastruc-
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ture-needs-survey-and-assessment.
12 From Exhibit 1.5 p.19 of EPA, Drinking Water Infrastructure Needs Survey and Assessment:
Sixth Report to Congress, 2018, https://www.epa.gov/dwsrf/epas-6th-drinking-water-infrastruc-
ture-needs-survey-and-assessment.
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Sec. 1. Short title; Table of Contents
This Act may be cited as the ‘‘Drinking Water and Wastewater
Infrastructure Act of 2021.
Sec. 2. Definition of Administrator
In this Act, the term ‘‘Administrator’’ means the Administrator
of the Environmental Protection Agency.
Title I: Drinking Water
Sec. 101. Technical assistance and grants for emergencies affecting
public water systems
This section extends an expired authority in the Safe Drinking
Water Act (SDWA), 42 U.S.C. 300j–1, to provide resources to com-
munities that face a public water system emergency. The fund will
help mitigate drinking water threats to public health, and is
amended to expand the definition of emergency situations to in-
clude those resulting from a cybersecurity event or vulnerability
and clarifies that the intrusion of lead into the drinking water sup-
ply is an allowable use of grant funds. The program is reauthorized
at $35 million for each of fiscal years from 2022 through 2026.
In addition, this section also extends the $15 million authoriza-
tion for technical assistance to public water systems for five years,
from fiscal years 2022 through 2026.
The section also makes state-based nonprofit organizations eligi-
ble recipients of funding to provide technical assistance to small
public water systems in order to achieve compliance with the
SDWA. Nonprofits that receive funding under this section are re-
quired to consult with the State before carrying out activities uti-
lizing funding.
Sec. 102. Drinking Water State Revolving Loan Funds
This section reauthorizes the Drinking Water State Revolving
Funds (DWSRF) and increases the minimum percentage of funds
that must go to disadvantaged communities from 6 percent to 12
percent. This section also broadens the discretionary authority of
states to assist disadvantaged communities with grants, negative
interest loans, forgiveness of principal, and loan forgiveness. States
may also use these funds to buy, refinance, or restructure the debt
of a disadvantaged community.
Sec. 102 also reauthorizes a provision in SDWA that allows for
up to 2 percent of the DWSRF to be used by nonprofit organiza-
tions to provide technical assistance for small systems in order to
achieve compliance.
This section also makes permanent the American Iron and Steel
requirement for the Drinking Water State Revolving Fund, also
known as the ‘‘Buy America’’ requirement.
Under this section DWSRF is reauthorized at a level of $2.4 bil-
lion in fiscal year 2022, $2.75 billion in fiscal year 2023, $3 billion
in fiscal year 2024, and $3.25 billion for fiscal years 2025 and 2026.
Sec. 103. Source Water Petition Program
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The section reauthorizes the Source Water Petition Program,
which allows owners and operators of community water systems,
municipal or local governments, and political subdivisions of a state
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to submit a source water quality protection partnership petition to
the State requesting that the State assist in the local development
of a voluntary, incentive-based partnership among the owner, oper-
ator, relevant stakeholder, or government. These petition partner-
ships are created to help affected parties reduce drinking water
contaminants, obtain financial or technical assistance, or develop
recommendations for the long-term protection of a community
water system’s source water.
This section also amends the program to allow states to des-
ignate a county to act on behalf of an unincorporated area in the
petition, should the unincorporated area voluntarily chose to enter
such a partnership, solely for the purpose of pursuing a source
water petition for a specific matter.
This program is reauthorized through 2026 at the current fund-
ing level of $5 million annually.
Sec. 104. Assistance for Small and Disadvantaged Communities
This section addresses multiple programs that fall under Section
1459A of SDWA (42 U.S.C. 300j–19a).
The first part of this section reauthorizes and modifies the As-
sistance for Small and Disadvantaged Communities Program. This
program provides grants to disadvantaged communities or commu-
nities with a population of under 10,000 across the country, includ-
ing those communities within the United States on our borders,
which lack household drinking water or wastewater services, or
that are served by a public water system that violates or exceeds
a requirement of the national primary drinking water regulations.
Grants can be used to assist communities in coming into compli-
ance with drinking water regulations, to provide programs for
household water quality testing, or to provide assistance that di-
rectly and primarily benefits the disadvantaged community on a
per-household basis.
Specifically, this section expands the program to allow for the
use of funds to purchase filters that remove contaminants of con-
cern from public drinking water systems and for providing informa-
tion regarding proper filtration use and maintenance, options re-
garding replacing lead service lines or other sources of lead from
water systems, and for technical assistance. Further, the section
lowers the required non-federal match for the grant from 45 per-
cent to 10 percent and allows that 10 percent to be waived at the
discretion of the Administrator if the Administrator determines
that an eligible entity is unable to pay, or would experience signifi-
cant financial hardship if required to pay, the non-Federal share.
This section authorizes the program for $60 million in fiscal year
2022, $80 million in fiscal year 2023, $100 million in fiscal year
2024, $120 million in fiscal year 2025, and $140 million in fiscal
year 2026.
The second part of this section reauthorizes the existing Drink-
ing Water Infrastructure Risk and Resiliency program for small
communities. Funds under this program can be used to address
threats from natural hazards or extreme weather events (including
extreme weather events that are related to climate change). The
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program is reauthorized from 2022 through 2026 at a level of $25
million per year. The section includes a non-federal cost share of
10 percent that can be waived by the Administrator.
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Third, this section instructs the Administrator to create a grant
program to provide grants to a utility or nonprofit organization to
voluntarily connect a low-income household to a municipal public
drinking water system. This program is authorized at $20 million
per year for each of fiscal years 2022 through 2026.
These grants are intended to improve the general welfare of low
and moderate income individuals without access to drinking water
services. Therefore, the Committee believes these funds should not
be considered taxable income.
Finally, this section creates an additional competitive grant pro-
gram administered by the EPA and distributed to states that have
demonstrated high numbers of underserved communities, rather
than the State Revolving Fund (SRF) formula. This grant program
is authorized at $50 million for each of fiscal years 2022 through
2026.
Sec. 105. Reducing Lead in Drinking Water
This section reauthorizes EPA’s lead reduction projects grant
program under 42 U.S.C. 300j–19b and increases the program’s au-
thorization to $100 million annually through fiscal year 2026. This
grant money can be used for lead reduction projects, including the
replacement of publicly owned lead services lines; testing, plan-
ning, or other relevant activities, as determined by the Adminis-
trator, to identify and address conditions that contribute to in-
creased concentration of lead in water for human consumption; and
providing assistance to low-income homeowners to replace lead
service lines.
This section also amends SDWA to create a pilot program to pro-
vide grants to carry out lead reduction projects in water systems
that, based on available data, information or resources, including
existing lead inventorying or mapping, have or are suspected to
have, lead in at least 30 percent of their service lines. Two years
after the first grant is awarded, the EPA must submit a report to
Congress describing the recipients of this grant money, the type of
lead inventorying used, and the accuracy and utility of the
inventorying in locating lead service lines. The pilot program is au-
thorized for $10 million and the funds are to remain available until
expended.
Sec. 106. Operational Sustainability of Small Public Water Systems
This section establishes an operational sustainability program
under SDWA for small public water systems, including those
owned by a federally-recognized Indian Tribe. The program is de-
signed to help improve the ability of such systems to respond to
water infrastructure failures through asset management of drink-
ing water systems, pumps, wells, valves, treatment systems and
other pertinent activities. These activities include, but are not lim-
ited to, identification and prevention of potable water loss due to
leaks, breaks, and other metering or infrastructure or system fail-
ures. It also allows for the deployment of strategies, techniques,
and technologies to enhance operational sustainability and effective
use of water resources though water reuse.
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This program has a waivable non-federal share of 10 percent and
is authorized at $50 million for each of fiscal years 2022 through
2026.
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Sec. 107. Midsize and large drinking water system infrastructure
resilience and sustainability program
This section creates a grant program to assist midsize and large
drinking water systems with increasing their resilience to natural
hazards, cybersecurity vulnerabilities, and extreme weather events.
Funds may be used to promote water conservation, enhance
water-efficiency, create desalination facilities, relocate or renovate
existing vulnerable water systems, enhance water supply, and im-
plement measures to increase resiliency to natural hazards, cyber-
security vulnerabilities, or extreme weather events, including ex-
treme weather events that are a result of climate change.
Of the funding provided, 50 percent must be used to provide
grants to eligible entities serving a population of 10,000 to 100,000.
The remaining 50 percent is to be used for eligible entities that
serve a population equal to or greater than 100,000.
This program is authorized at $50 million for each of fiscal years
2022 through 2026.
Sec. 108. Needs Assessment for Nationwide Rural and Urban Low-
Income Community Water Assistance
This section requires the Administrator, in consultation with rel-
evant stakeholders, to study the prevalence of low-income house-
holds in the Unites States that spend a disproportionate amount of
household income on public drinking water services to meet house-
hold needs. This report to Congress must include recommendations
that describe ways to increase access to affordable and reliable
drinking water services and the associated costs of each rec-
ommendation.
Sec. 109. Rural and Low-Income Drinking Water Assistance pilot
program
This section directs the Administrator to establish, not later than
90 days after the Administrator submits the Needs Assessment for
Nationwide Rural and Urban Low-Income Community Water As-
sistance to Congress, a pilot program to award grants to eligible
entities to develop and implement programs to assist low-income
households with need in maintaining access to affordable and reli-
able drinking water and wastewater treatment.
Types of assistance could include direct financial assistance, a
lifeline rate, bill discounting, special hardship provisions, a per-
centage-of-income payment plant, or debt relief for the eligible enti-
ty of the community water system owned by the eligible entity if
it is determined by the Administrator to be in the interest of public
health.
The Administrator shall award not more than 40 grants under
the pilot program, 10 for eligible entities that own or operate a
rural community water system; 10 for eligible entities that own or
operate a medium community water system; 10 for eligible entities
that own or operate a large community water system; and 10 for
eligible entities that own or operate a community water system or
treatment works that services a disadvantaged community. For
these projects, priority shall be given to eligible entities that serve
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a predominant number of customers considered to be low-income or
moderate-income and that are subject to consent decrees relating
to compliance with the Clean Water Act (CWA), or that plan to de-
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10
velop and implement an equivalent program administered separate
from the pilot program.
The Administrator is required to submit an annual report that
summarizes the use of grant funds by eligible entities not later
than two years after the grants are first distributed to eligible enti-
ties on the results of the pilot program. Eligible entities must also
submit annual reports to the Administrator that summarize key
features of the assistance provided by the eligible entities, includ-
ing rate structures, rebates, discounts, sources of funding used to
supplement federal funds, and eligibility criteria.
Sec. 110. Lead contamination in school drinking water
This section amends the existing Voluntary School and Childcare
Lead Testing Grant Program to make public water systems and eli-
gible nonprofit organizations that service schools and childcare lo-
cations eligible grant recipients in order to assist with this testing.
The program is increased from $25 to $30 million for fiscal years
2022 through 2024, $40 million for fiscal year 2025, and $50 mil-
lion for fiscal year 2026.
Sec. 111. Indian Reservation Drinking Water Program
This section amends the Tribal Drinking Water Program to re-
quire that 50 percent of the program funds be used nationally,
while the other 50 percent of the funds, if sufficient projects exist,
must be used to fund fifty projects equally divided between the
Missouri River Basin, Upper Rio Grande River Basin, the Colum-
bia River Basin, the Lower Colorado River Basin, and the Arkan-
sas-White-Red River Basin. In addition, two projects in the Mis-
souri River Basin must go to a reservation that serves more than
one federally-recognized tribe.
The program is authorized for $50 million for each of fiscal years
2022 through 2026.
Sec. 112. Advanced drinking water technologies
This section requires the Administrator to carry out a study,
within one year of the date of enactment, to examine the state of
existing and emerging technologies that could address cybersecu-
rity vulnerabilities, or enhance or could enhance the treatment,
monitoring, affordability, efficiency, and safety of drinking water
and wastewater provided by public water systems.
This section also creates a grant program for public water sys-
tems that serve a population of 100,000 or fewer people or a dis-
advantaged community. The grant program is designed to identify
and/or deploy drinking water infrastructure technology that is new
or emerging, but proven, to enhance the treatment, monitoring, af-
fordability, efficiency, and safety of the drinking water provided.
There is a waivable 10 percent non-federal share.
This program is authorized at $10 million for each fiscal year
2022 through 2026.
Title II: Clean Water
Sec. 201. Research, investigations, training, and information
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This section increases the authorization of appropriations under
the Clean Water Act (CWA), for technical assistance grants to non-
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profit agencies assisting rural, small, and tribal municipalities.
These activities include providing technical assistance and training
on water quality; ways to achieve and maintain compliance with
laws and regulations; assisting utilities with financing opportuni-
ties; and providing information regarding planning, design, con-
struction, and operation of treatment works and decentralized
wastewater systems. Nonprofits that receive funding under this
section are required to consult with the State in which the assist-
ance is to be expended or otherwise made available before carrying
out activities utilizing funding. It also requires the Administrator
to submit a report to Congress describing the implementation of
the grants no later than two years after the date of enactment.
This section extends the authorization to fiscal year 2026 and in-
creases authorized appropriations to $75 million annually.
Sec. 202. Wastewater efficiency grant pilot program
This section creates an EPA pilot program to assist with fifteen
projects by publicly-owned treatment works to create or improve
waste-to-energy systems. Grants may be awarded for sludge collec-
tion systems, anaerobic digesters, methane capture or transfer, and
other emerging technologies that transform waste to energy. It re-
quires the EPA to submit to Congress a report every two years re-
garding who received these grants, what activities these funds cov-
ered, and the impacts of these projects.
This section authorizes appropriations for the program of $20
million for each of fiscal years 2022 through 2026.
Sec. 203. Pilot programs for alternative water source projects
This section reauthorizes an existing grant program for alter-
native water source projects. The grants may be used for engineer-
ing, design, construction, and final testing of alternative water
source projects designed to meet critical water supply needs.
Alternative water source projects include those projects that pro-
vide alternative sources of water through conserving, managing, re-
claiming or reusing water, stormwater or wastewater.
The program is authorized for $25 million for each of fiscal years
2022 through 2026.
The Committee notes that it is the intent of this language that
before switching to a new source of water the systems should be
sure to follow proper testing protocols to ensure that the new water
chemistry will not result in introduction of new or additional con-
taminants into the drinking water supply, such as increased
amounts of lead based on disruptions to the optimized corrosion
control technology that exists or has existed in a system.
Sec. 204. Sewer overflow and stormwater reuse municipal grants
This section reauthorizes the existing sewer overflow and
stormwater reuse municipal grants program. These grants may be
used for the planning, construction, and design of treatment works
for municipal combined sewer overflows, sanitary sewer overflows,
or stormwater, and any measures to manage, reduce, or recapture
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stormwater or subsurface drainage. This section also adds notifica-
tion systems that provide information on dangerous water condi-
tions to communities as an allowable use for grants.
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In addition, the section creates a new 25 percent set-aside for
sewer overflow and stormwater projects in rural or financially dis-
tressed communities across the country, including those commu-
nities within the United States on our borders, to the extent there
are sufficient applications. There is also a waivable non-federal
share of 10 percent for these projects. Of the 25-percent set-aside,
to the extent there are sufficient applications, not less than 60 per-
cent of the set-aside funding shall be used to carry out projects in
rural communities.
The program is reauthorized with increased funding of $280 mil-
lion for fiscal years 2022 through 2026.
Sec. 205. Clean Water Infrastructure Resiliency and Sustainability
Program
The section establishes a Clean Water Infrastructure Resiliency
and Sustainability Program to address rising threats to clean water
infrastructure from climate change or cybersecurity vulnerabilities.
An owner or operator of a publicly-owned treatment works can use
the grants to assist in the planning, design, construction, imple-
mentation, operation, or maintenance of a program or project to in-
crease the resiliency or adaptability of water systems to natural
hazards, cybersecurity vulnerabilities, or extreme weather events,
including those related to climate change. The section establishes
two non-federal cost shares: a 10 percent non-federal cost-share for
small or disadvantaged communities and a non-federal cost-share
of 25 percent for all other communities.
The program is authorized for $25 million for fiscal years 2022
through 2026.
Sec. 206. Small and medium publicly-owned treatment works cir-
cuit rider program
This section creates a circuit rider program that awards grants
to provide additional on-site technical assistance to owners and op-
erators of small and medium publicly owned treatment works. The
program was created as a result of a decrease in technical assist-
ance grants to local, on-site technical assistance providers.
The section requires nonprofits that receive funding under this
section to consult with the State in which the assistance is to be
expended or otherwise made available before carrying out activities
utilizing funding.
This section also requires the EPA to submit to Congress an an-
nual report regarding grant recipients and activities covered by the
grants.
This section authorizes appropriations for the program of $10
million for each of fiscal years 2022 through 2026.
Sec. 207. Small publicly-owned treatment works efficiency grant
program
This section creates an EPA grant program, subject to appropria-
tions, to assist small publicly-owned treatment works that serve
fewer than 10,000 people, or a disadvantaged community, with re-
placing or repairing equipment to increase water efficiency or en-
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ergy efficiency. It also requires that not less than 15 percent of
funds made available under the program be used for grants to pub-
licly owned treatment works that serve fewer than 3,300 people.
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Owner or operators of small publicly owned treatment works and
nonprofit organizations that seek to assist small public owned
treatment works are eligible to receive funding under this program.
The Administrator must also submit a report to Congress not
later than two years after the Administrator establishes the effi-
ciency grant program describing the recipients of each grant and
a summary of the activities carried out under the grant program.
Sec. 208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals
with low or moderate income
This section creates a grant program that allows nonprofit orga-
nizations to receive funds for the construction, repair, or replace-
ment of decentralized wastewater systems for low or moderate in-
come households, or groups of such households. The program gives
priority to households that do not have access to sanitary sewer
disposal systems.
This section requires that EPA submit a report to Congress on
the results of the program within two years of enactment of the
Act.
This section authorizes appropriations for the program of $50
million for each of fiscal years 2022 through 2026.
These grants are intended to be used by grantees to improve the
general welfare of low and moderate income individuals without ac-
cess to wastewater services. Therefore, the Committee believes that
these funds should not be considered to be taxable income of the
grantee or any low and moderate income individuals assisted by
the program.
Sec. 209. Connection to publicly-owned treatment works
This section creates a grant program that allows the EPA to pro-
vide grants to publicly-owned treatment works or nonprofit organi-
zations to cover the costs incurred from connecting a household to
a municipal or private wastewater system.
This section authorizes appropriations for the program of $40
million for each of fiscal years 2022 through 2026.
These grants are intended to be used to improve the general wel-
fare of low and moderate income individuals without access to pub-
lic treatment works. Therefore, the Committee believes these funds
should not be considered to be taxable income of the grantee or any
low and moderate income individuals assisted by the program.
Sec. 210. Clean Water State Revolving Funds
This section reauthorizes the Clean Water State Revolving Fund
(CWSRF). It also amends the CWA to require, to the extent there
are sufficient applications, a minimum of 10 percent of a state’s
CWSRF to be used for grants, negative interest loans, and loan for-
giveness, or to buy, refinance or restructure debt for disadvantaged
communities as determined by the state. The amount for additional
subsidies may not exceed 30 percent.
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This section also allows for up to two percent of a state’s CWSRF
to be used by nonprofit organizations to provide technical assist-
ance to small, rural, and tribal publicly-owned treatment works.
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The CWSRF is reauthorized at $2.4 billion in fiscal year 2022,
$2.75 billion in fiscal year 2023, $3 billion in fiscal year 2024, and
$3.25 billion for fiscal years 2025 and 2026.
Sec. 211. Innovative water infrastructure workforce development
program
This section reauthorizes an existing competitive grant program
to promote workforce development in the water utility sector. The
section modifies the program to make public works departments
and agencies eligible for these grants in addition to schools. It also
amends the program to align water and wastewater utility work-
force recruitment efforts, including the promotion of diversity,
training programs, retention efforts, and community resources with
water and wastewater utilities.
This section also directs the Administrator to create a federal
interagency working group to address recruitment, training, and
retention challenges in the water and wastewater utility workforce.
In carrying out the duties of the working group, the working group
is required to consult with State operator certification programs.
Not later than one year after the date of enactment, the Admin-
istrator, in coordination with the working group, shall submit to
Congress a report describing the potential solutions to recruitment,
training, and retention challenges in the water and wastewater
utility workforce.
This section increases the grant program’s authorization to $5
million for fiscal years 2022 through 2026.
Sec. 212. Grants to Alaska to improve sanitation in rural and na-
tive villages
This section reauthorizes a program that provides grants to the
State of Alaska for the benefit of rural and Native villages in Alas-
ka for development and construction of public water systems and
wastewater systems to improve the health and sanitation condi-
tions in the villages.
This section reauthorizes appropriations for the program at $40
million for fiscal years 2022 through 2024, $50 million for fiscal
year 2025, and $60 million for fiscal year 2026.
Sec. 213. Water data sharing pilot program
This section amends the CWA to require EPA to establish a pilot
program for states to encourage intrastate and interstate informa-
tion sharing.
The grant program funds information sharing among commu-
nities regarding water quality, water infrastructure needs, and
water technology. Eligibility for funding is available to states that
have either a coastal watershed that has significant pollution lev-
els, a water system with significant pollution levels, a substantive
wastewater infrastructure deficit, as well as, a regional consortia of
such states.
This section also authorizes funds to assist states in the creation
of multi-state consortiums to exchange water data; share informa-
tion regarding water practices, protocols, technologies, and proce-
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dures; and establish regional intended use plans.
Finally, this section requires the Administrator to submit a re-
port to Congress of the awarded grants and recipients.
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This section authorizes appropriations for the grant program of
$15 million for each of fiscal years 2022 through 2026.
Sec. 214. Final rating opinion letters
This section changes the Water Infrastructure Finance and Inno-
vation Act (WIFIA) requirement that mandates each WIFIA project
applicant must provide two final agency rating opinion letters.
Under this section, project applicants will only need to provide one
final agency rating opinion letter, similar to the requirements of
other federal loan programs, prior to final acceptance and financing
of the project.
Sec. 215. Water Infrastructure Financing reauthorization
This section reauthorizes WIFIA through 2026 at the current au-
thorization level of $50 million annually. This section also clarifies
existing law that projects eligible for WIFIA assistance that are
also eligible for scoring under the Federal Credit Reform Act (as
defined in the 1990 law) are non-federal and eligible for non-cash
budgetary scoring. This section also reauthorizes ’’SWIFIA’’ or SRF
WIN, which allows smaller water infrastructure projects to bundle
their projects into one WIFIA application.
Sec. 216. Small and disadvantaged community analysis
This section requires EPA to do an analysis of the historical dis-
tribution of funds to low-income, rural, and minority communities,
as well as communities of indigenous peoples, under SDWA and
CWA programs. The EPA is also required to analyze new opportu-
nities and methods to improve the distribution of funds under
these programs to those same communities. EPA must submit a re-
port to Congress upon completion of the analysis describing the re-
sults of the analysis and the methods used by the Administrator.
Sec. 217. Stormwater infrastructure technology
This section creates a grant program to assist research institu-
tions, nonprofits, and institutions of higher education with research
on new and emerging stormwater control technology. The goal of
the program is to improve the effectiveness, cost efficiencies, and
protections of public safety and water quality in their operations.
The eligible research includes stormwater and sewer overflow re-
duction, project enhancement, and other infrastructure.
The section authorizes appropriations of $5 million for each of
fiscal years 2022 through 2026 to establish Centers of Excellence
for stormwater control infrastructure and create a public website to
share the results of the research.
This section also creates a grant program to fund the develop-
ment of standards, create fee structures, and develop and deliver
training and educational materials for stormwater.
This section authorizes appropriations for the grant program of
$10 million for each of fiscal years 2022 through 2026 at a 20 per-
cent non-federal cost share.
Sec. 218. Water Reuse Interagency Working Group
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This section instructs the EPA to establish a Water Reuse Inter-
agency Working Group to develop and coordinate actions, tools, and
resources to advance water reuse across the United States. This in-
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cludes establishing a Water Reuse Action Plan that creates oppor-
tunities for water reuse in the mission areas of each of the federal
agencies. Every two years, the Administrator shall publish a report
on the activities and findings of this Working Group. This group
shall sunset in six years, unless the Administrator chooses to ex-
tend the Working Group.
Sec. 219. Advanced clean water technologies study
This section directs the Administrator within one year after the
date of enactment, and subject to the availability of appropriations
to carry out a study that examines the state of existing and poten-
tial future technology, including technology that could address cy-
bersecurity threats, or that enhances or could enhance the treat-
ment, monitoring, affordability, efficiency, and safety of wastewater
services provided by a treatment works. The Administrator shall
submit a report on the study to Congress.
Sec. 220. Clean watersheds needs survey
This section requires the Administrator to conduct and complete
an assessment of wastewater system capital improvement needs of
all treatment works in the United States that are eligible for as-
sistance from state water pollution control revolving funds. A re-
port must be submitted to Congress describing the results of the
assessment. The report must be completed not later than 18
months after the date of enactment of this Act, and not less fre-
quently than once every four years thereafter.
This section authorizes $5 million, to remain available until ex-
pended, to carry out the initial needs survey.
LEGISLATIVE HISTORY
On March 23, 2021, Senator Tammy Duckworth, Chair of the
U.S. Senate Environment and Public Works’ (EPW) Subcommittee
on Fisheries, Water, and Wildlife, introduced S. 914, Drinking
Water and Wastewater Infrastructure Act of 2021. Senators Shel-
ley Moore Capito (R–W.Va.), Ranking Member of the EPW Com-
mittee; Tom Carper (D–Del.), Chairman of the EPW Committee;
Cynthia Lummis (R–Wyo.), Ranking Member of the Subcommittee
on Fisheries, Water, and Wildlife; Ben Cardin (D–Md.), Chair of
the Subcommittee on Transportation and Infrastructure; and Kevin
Cramer (R–N.D.), Ranking Member of the Subcommittee on Trans-
portation and Infrastructure were joined by Senators Whitehouse
(D–R.I.), Inhofe (R–Okla.), Stabenow (D–Mich.), Sullivan (R–Alas-
ka), Kelly (D–Ariz.), and Padilla (D–Calif.) as original cosponsors
of the legislation. The bill was referred to the Committee on Envi-
ronment and Public Works.
On March 24, 2021, the Committee on Environment and Public
Works conducted the Business Meeting to consider S. 914. The
Committee ordered S. 914 to be favorably reported with an amend-
ment in the nature of a substitute by a unanimous roll call vote
of 20 to 0. In addition, the Committee agreed by unanimous con-
sent to make a part of the official Business Meeting record the full
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record of stakeholder comments and letters of support gathered by
the Committee. Due to a reporting error, the vote was reaffirmed
on April 14th.
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HEARINGS
A water infrastructure related hearing was held by the Com-
mittee on Environment and Public Works on March 17th, 2021 en-
titled ‘‘Examining the Backlog in Drinking Water and Wastewater
Infrastructure Projects.’’ The purpose of this hearing was to conduct
oversight of the Drinking Water and Clean Water State Revolving
Funds (SRFs), as well as other programs used for drinking water
and wastewater infrastructure projects. The hearing provided the
Committee with a better understanding of the needed legislative
reforms to create new and modify existing programs designed to
address drinking water and wastewater infrastructure projects.
The Committee also examined additional stresses and challenges
placed on state SRFs and other programs used for drinking water
and wastewater infrastructure projects in light of the ongoing
COVID–19 pandemic and climate change.
ROLL CALL VOTES
The Committee on Environment and Public Works met to con-
sider S. 914 on March 24, 2021. The bill, with an amendment in
the nature of a substitute, was ordered to be favorably reported by
a roll call vote of 20 to 0.
Amendments approved
The following amendment to the amendment in the nature of a
substitute to S. 914 was approved by voice vote:
Carper-Capito #1—This amendment contained technical correc-
tions, additions based on stakeholder feedback, and clarifications of
the underlying substitute amendment. The amendment clarified
that nonprofit organizations receiving funding through several
grant programs or providing technical assistance are required to
consult with states before taking action. It also increased the
timeline for reports in several sections to 2 years. The amendment
made technical corrections to the lead inventorying grant program
to clarify that determining whether an eligible entity has, or is sus-
pected to have, 30 percent of its service lines containing lead
should be based on available data, information or resources, includ-
ing existing lead inventorying. It added states and nonprofit orga-
nizations as eligible entities under the operational sustainability
program and requires grant recipients to submit additional infor-
mation to the Administrator. It replaced the term ‘‘cybersecurity
threat’’ with ‘‘cybersecurity vulnerabilities’’ across several pro-
grams. The substitute amended the drinking water and wastewater
needs assessment for rural and urban low-income water assistance
and created a new EPA pilot program for low-income water assist-
ance. It also made technical corrections to assist schools and
childcare facilities in compliance monitoring of lead testing and
clarifies that eligible entities may provide either voluntary testing
or compliance monitoring with grant dollars. It amended the Tribal
Drinking Water Program to add 10 additional tribal projects in the
Arkansas-White-Red River Basin. Finally, it required the Federal
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Agency Working Group created in the Innovative Water Infrastruc-
ture Workforce Development Program to consult with state oper-
ator certification programs.
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Final committee vote to report
S. 914, with an amendment in the nature of a substitute, as
amended by Carper-Capito #1, was ordered to be favorably re-
ported by a roll call vote of 20 to 0 (Senators Boozman, Capito,
Cardin, Carper, Cramer, Duckworth, Ernst, Graham, Inhofe, Kelly,
Lummis, Markey, Merkley, Padilla, Sanders, Shelby, Stabenow,
Sullivan, Whitehouse, and Wicker voted aye). The vote was re-
affirmed by voice vote on April 14th to address a technical report-
ing matter.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the Standing
Rules of the Senate, the committee makes evaluation of the regu-
latory impact of the reported bill.
The bill does not create any additional regulatory burdens, nor
will it cause any adverse impact on the personal privacy of individ-
uals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104–4), the committee finds that S. 914 would impose
no Federal intergovernmental unfunded mandates on State, local,
or tribal governments.
COST OF LEGISLATION
Section 403 of the Congressional Budget and Impoundment Con-
trol Act requires that a statement of the cost of the reported bill,
prepared by the Congressional Budget Office, be included in the re-
port. That statement follows:
CBO’S ESTIMATE OF EFFECTS ON REVENUES AND DIRECT SPENDING OF S. 914, THE DRINKING
WATER AND WASTEWATER INFRASTRUCTURE ACT OF 2021, AS ORDERED REPORTED BY THE
SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MARCH 24, 2021
By fiscal year, millions of dollars—
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2021–2026 2021–2031
Decreases in Revenues
Estimated
Revenues 0 * ¥3 ¥15 ¥38 ¥73 ¥118 ¥164 ¥196 ¥211 ¥215 ¥130 ¥1,035
Increases in Direct Spending
Estimated
Budget
Authority 100 0 0 0 0 0 0 0 0 0 0 100 100
Estimated
Outlays .. 0 2 8 20 20 30 15 5 0 0 0 80 100
Net Increases in the Deficit From Changes in Direct Spending
Effect on
the Def-
icit ........ 0 2 11 35 58 103 133 169 196 211 215 210 1,135
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Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between ¥$500,000 and zero.
For more information see the notes below.
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Revenues
The staff of the Joint Committee on Taxation (JCT) expects that
some of the funds authorized to be appropriated under S. 914 for
grants to state revolving funds would be used by state and local
governments to leverage additional funds. Those governments
would issue tax-exempt bonds that JCT estimates would reduce
federal revenues by about $1 billion over the 2021–2031 period.
Direct spending
S. 914 would limit the criteria used to determine the budgetary
treatment of loans or loan guarantees made by the Environmental
Protection Agency (EPA) and the Army Corps of Engineers under
their Water Infrastructure Finance and Innovation Act (WIFIA)
programs. The bill would direct any budgetary effects to be re-
corded on an accrual basis if the borrower is a nonfederal entity
that would repay the obligation with nonfederal funds. That provi-
sion would allow the costs or savings of loans for projects that meet
those criteria to be recorded on an accrual basis even if the federal
government is a counterparty to a project through its ownership,
control, or financial contributions.
Recording such federal transactions on an accrual basis is incon-
sistent with current law and practice, especially if the completion
of a project is contingent on future legislative action. Under the
proposed direction, EPA and the Corps could make loans and loan
guarantees for federal projects or assets and record the costs on an
accrual basis rather than on a cash basis. On a cash basis, the full
loan amount is recorded at the time an obligation is made; thus,
the bill’s enactment would result in an understatement of the ini-
tial funding amounts required for those commitments when the
federal government is a counterparty.
The subsidy costs of loans and loan guarantees for the WIFIA
program are funded through annual appropriations. For EPA’s
loans and loan guarantees under WIFIA, some available balances
from previously appropriated budget authority could be used for
projects covered by the direction in S. 914. CBO estimates that re-
cording those loans and loan guarantees on an accrual basis would
increase the upfront costs of those commitments by $100 million
over the 2021–2031 period.
Other spending
In directing a different budgetary treatment for certain WIFIA
loans, the bill would cause future loans or loan guarantees to be
recorded in the budget at a lower cost than is required under the
recording statute, the Federal Credit Reform Act, and current prac-
tice. CBO believes that the difference between the costs on a cash
basis and on an accrual basis should be recorded as an increase in
spending in addition to amounts appropriated in the future for the
programs.
Using information about the costs of qualifying projects for which
the federal government may be a counterparty, CBO estimates that
the change in budgetary treatment could allow the costs of those
projects that receive WIFIA loans through EPA and the Corps to
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be understated by hundreds of millions of dollars in a given year.
CBO has not yet determined whether the estimated costs that re-
sult from the bill’s changes to those programs should be recorded
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20
as direct spending and attributed to S. 914, attributed to future ap-
propriation bills that provide the obligational authority required to
make such loans, or to some combination of both.
Uncertainty
The estimated budgetary effects of S. 914 are subject to uncer-
tainty. For instance, the size and nature of future appropriations
for the subsidy costs of EPA and Corps WIFIA loan programs, the
projects that apply for those programs, and the projects approved
for loans all could increase or decrease the pool of projects that
would, in CBO’s estimation, be eligible for a different budgetary
treatment than they would receive under current law.
Spending subject to appropriation
S. 914 would authorize the appropriation of specific amounts for
EPA to provide grants and loans to state and local governments,
public water systems, nonprofit organizations, and other entities to
support various water infrastructure projects and programs to im-
prove water quality. Those authorizations would total about $35
billion over the 2021–2026 period.
In addition, S. 914 would, among other things, authorize EPA to
create a pilot program to provide grants to certain qualifying com-
munity water systems or treatment works with high amounts of
debt attributable to customer nonpayment. The amounts for the
pilot program and certain administrative costs are not specified in
the bill but that spending would be subject to the availability of ap-
propriated funds. CBO has not completed an analysis of the costs
of those provisions.
Increase in long-term deficits
JCT and CBO estimate that enacting the bill would not increase
on-budget deficits by more than $5 billion in any of the four con-
secutive 10-year periods beginning in 2032.
Mandates: None.
CHANGES IN EXISTING LAW
In compliance with section 12 of rule XXVI of the Standing Rules
of the Senate, changes in existing law made by the bill as reported
are shown as follows: Existing law proposed to be omitted is en-
closed in øblack brackets¿, new matter is printed in italic, existing
law in which no change is proposed is shown in roman:
* * * * * * *
SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC
HEALTH SERVICE ACT)
* * * * * * *
TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS
SEC. 1400. This title may be cited as the ‘‘Safe Drinking Water
Act’’.
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* * * * * * *
SEC. 1442. (a)(1) The Administrator may conduct research, stud-
ies, and demonstrations relating to the causes, diagnosis, treat-
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21
ment, control, and prevention of physical and mental diseases and
other impairments of man resulting directly or indirectly from con-
taminants in water, or to the provision of a dependably safe supply
of drinking water, including—
(A) * * *
* * * * * * *
(b) The Administrator is authorized to provide technical assist-
ance and to make grants to States, or publicly owned water sys-
tems to assist in responding to and alleviating any emergency situ-
ation (including an emergency situation resulting from a cybersecu-
rity event) affecting public water systems (including sources of
water for such systems) which the Administrator determines to
present substantial danger to the public health , including a threat
to public health resulting from contaminants, such as, but not lim-
ited to, heightened exposure to lead in drinking water. Grants pro-
vided under this subsection shall be used only to support those ac-
tions which (i) are necessary for preventing, limiting or mitigating
danger to the public health in such emergency situation and (ii)
would not, in the judgment of the Administrator, be taken without
such emergency assistance. The Administrator may carry out the
program authorized under this subparagraph as part of, and in ac-
cordance with the terms and conditions of, any other program of
assistance for environmental emergencies which the Administrator
is authorized to carry out under any other provision of law. No lim-
itation on appropriations for any such other program shall apply to
amounts appropriated under this subparagraph.
* * * * * * *
ø(d) There are authorized to be appropriated to carry out sub-
section (b) not more than $35,000,000 for the fiscal year 2002 and
such sums as may be necessary for each fiscal year thereafter.¿
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out subsection (b) $35,000,000 for each of
fiscal years 2022 through 2026.
(e) TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS.—
(1) * * *
* * * * * * *
ø(5) There are authorized to be appropriated to the Adminis-
trator to be used for such technical assistance $15,000,000 for
each of the fiscal years 2015 through 2020.¿
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this sub-
section $15,000,000 for each of fiscal years 2022 through 2026.
* * * * * * *
(f) STATE-BASED NONPROFIT ORGANIZATIONS.
(1) IN GENERAL.—The Administrator may provide technical
assistance consistent with the authority provided under sub-
section (e) to State-based nonprofit organizations that are gov-
erned by community water systems.
(2) COMMUNICATION.—Each State-based nonprofit organiza-
tion that receives funding under paragraph (1) shall, before
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using that funding to undertake activities to carry out this sub-
section, consult with the State in which the assistance is to be
expended or otherwise made available.
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22
ø(f)¿ (g) TECHNICAL ASSISTANCE FOR INNOVATIVE WATER TECH-
NOLOGIES.— * * *
* * * * * * *
STATE REVOLVING LOAN FUNDS
SEC. 1452. (a) GENERAL AUTHORITY.—
(1) * * *
* * * * * * *
(4) AMERICAN IRON AND STEEL PRODUCTS.—
(A) IN GENERAL.—øDuring fiscal years 2019 through
2023, funds Funds made available from a State loan fund
established pursuant to this section may not be used for a
project for the construction, alteration, or repair of a public
water system unless all of the iron and steel products used
in the project are produced in the United States.
* * * * * * *
(d) ASSISTANCE FOR DISADVANTAGED COMMUNITIES.—
(1) LOAN SUBSIDY.—Notwithstanding any other provision of
this section, in any case in which the State makes a loan pur-
suant to subsection (a)(2) to a disadvantaged community or to
a community that the State expects to become a disadvantaged
community as the result of a proposed project, the State may
provide additional subsidization (including forgiveness of prin-
cipal , grants, negative interest loans, other loan forgiveness,
and through buying, refinancing, or restructuring debt).
(2) TOTAL AMOUNT OF SUBSIDIES.—For each fiscal year, of the
amount of the capitalization grant received by the State for the
year, the total amount of loan subsidies made by a State pur-
suant to paragraph (1)—
(A) may not exceed 35 percent; and
ø(B) to the extent that there are sufficient applications
for loans to communities described in paragraph (1), may
not be less than 6 percent.¿
(B) to the extent that there are sufficient applications for
loans to communities described in paragraph (1), may not
be less than 12 percent.
* * * * * * *
(m) AUTHORIZATION OF APPROPRIATIONS.—
(1) There are authorized to be appropriated to carry out the
purposes of this section, except for subsections (a)(2)(G) and
(t)—
(A) $1,174,000,000 for fiscal year 2019;
(B) $1,300,000,000 for fiscal year 2020; øand¿
(C) $1,950,000,000 for fiscal year 2021ø.¿ ;
(2) To the extent amounts authorized to be appropriated
under this subsection in any fiscal year are not appropriated
in that fiscal year, such amounts are authorized to be appro-
priated in a subsequent fiscal year. Such sums shall remain
available until expended.
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(D) $2,400,000,000 for fiscal year 2022;
(E) $2,750,000,000 for fiscal year 2023;
(F) $3,000,000,000 for fiscal year 2024; and
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23
(G) $3,250,000,000 for each of fiscal years 2025 and
2026.
* * * * * * *
(q) SMALL SYSTEM TECHNICAL ASSISTANCE.—The Administrator
may reserve up to 2 percent of the total funds made available to
carry out this section for each of fiscal years ø2016 through 2021¿
2022 through 2026 to carry out the provisions of section 1442(e)
(relating to technical assistance for small systems), except that the
total amount of funds made available for such purpose in any fiscal
year through appropriations (as authorized by section 1442(e)) and
reservations made pursuant to this subsection shall not exceed the
amount authorized by section 1442(e).
* * * * * * *
SOURCE WATER PETITION PROGRAM
SEC. 1454. (a) PETITION PROGRAM.—
(1) IN GENERAL.—
(A) ESTABLISHMENT.—A State may establish a program
under which an owner or operator of a community water
system in the State, or a municipal or local government or
øpolitical subdivision of a State,¿ political subdivision of a
State (including a county that is designated by the State to
act on behalf of an unincorporated area within that county,
with the agreement of that unincorporated area), may sub-
mit a source water quality protection partnership petition
to the State requesting that the State assist in the local
development of a voluntary, incentive-based partnership,
among the owner, operator, or government and other per-
sons likely to be affected by the recommendations of the
partnership, to—
* * * * * * *
(4) CONTENTS.—A petition submitted under this subsection
shall, at a minimum—
(A) * * *
* * * * * * *
(D) specify the efforts made to establish the voluntary
local partnership and obtain the participation of—
(i) the municipal or local government or other polit-
ical subdivision of the State (including a county that
is designated by the State to act on behalf of an unin-
corporated area within that county) with jurisdiction
over the source water area delineated under section
1453; and
(5) SAVINGS PROVISION.—Unless otherwise provided within
the agreement, an agreement between an unincorporated area
and a county for the county to submit a petition under para-
graph (1)(A) on behalf of the unincorporated area shall not au-
thorize the county to act on behalf of the unincorporated area
in any matter not within a program under this section.
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* * * * * * *
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section $5,000,000 for each of the
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24
fiscal years 2020 through ø2021¿ 2026. Each State with a plan for
a program approved under subsection (b) shall receive an equitable
portion of the funds available for any fiscal year.
* * * * * * *
SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMU-
NITIES.
(a) * * *
* * * * * * *
(b) ESTABLISHMENT.—
(1) IN GENERAL.— * * *
* * * * * * *
(2) INCLUSIONS.—Projects and activities under paragraph (1)
include—
(A) investments necessary for the public water system to
comply with the requirements of this title;
(B) assistance that directly and primarily benefits the
disadvantaged community on a per-household basis; øand¿
(C) programs to provide household water quality testing,
including testing for unregulated contaminantsø.¿;
(D) the purchase of point-of-entry or point-of-use filters
that are independently certified using science-based test
methods for the removal of contaminants of concern;
(E) investments necessary for providing accurate and cur-
rent information about—
(i) the need for filtration and filter safety, including
proper use and maintenance practices; and
(ii) the options for replacing lead service lines (as de-
fined section 1459B(a)) and removing other sources of
lead in water; and
(F) entering into contracts, including contracts with non-
profit organizations that have water system technical exper-
tise, to assist—
(i) an eligible entity; or
(ii) the State of an eligible entity, on behalf of that
eligible entity.
(c) ELIGIBLE ENTITIES.—øAn eligible entity¿ Except for purposes
of subsections (j) and (m), an eligible entity; under this section—
* * * * * * *
(g) COST SHARING.—Before providing a grant to an eligible entity
under this section, the Administrator shall enter into a binding
agreement with the eligible entity to require the eligible entity—
(1) øto pay not less than 45 percent¿ except as provided in
subsection (l)(5) and subject to subsection (h), to pay not less
than 10 percent; of the total costs of the project or activity,
which may include services, materials, supplies, or other in-
kind contributions;
* * * * * * *
ø(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out subsections (a) through (j) of this
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section, $60,000,000 for each of fiscal years 2017 through 2021.¿
(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out subsections (a) through (j)—
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25
(1) $60,000,000 for fiscal year 2022;
(2) $80,000,000 for fiscal year 2023;
(3) $100,000,000 for fiscal year 2024;
(4) $120,000,000 for fiscal year 2025; and
(5) $140,000,000 for fiscal year 2026.
(l) DRINKING WATER INFRASTRUCTURE RESILIENCE AND SUSTAIN-
ABILITY.—
(1) RESILIENCE AND NATURAL HAZARD.—The terms ‘‘resil-
ience’’ and ‘‘natural hazard’’ have the meaning given such
terms in section 1433(h).
(2) IN GENERAL.—øThe Administrator may¿ The Adminis-
trator shall establish and carry out a program, to be known as
the Drinking Water System Infrastructure Resilience and Sus-
tainability Program, under which the Administrator, subject to
the availability of appropriations for such purpose, shall award
grants in each of øfiscal years 2019 and 2020¿ fiscal years
2022 through 2026 to eligible entities for the purpose of in-
creasing resilience to natural hazards.
* * * * * * *
(4) APPLICATION.—To seek a grant under this subsection, the
eligible entity shall submit to the Administrator an application
that—
(A) * * *
* * * * * * *
(5) FEDERAL SHARE FOR SMALL, RURAL, AND DISADVANTAGED
COMMUNITIES.—
(A) IN GENERAL.—Subject to subparagraph (B), with re-
spect to a program or project that serves an eligible entity
and is carried out using a grant under this subsection, the
Federal share of the cost of the program or project shall be
90 percent.
(B) WAIVER.—The Administrator may increase the Fed-
eral share under subparagraph (A) to 100 percent if the Ad-
ministrator determines that an eligible entity is unable to
pay, or would experience significant financial hardship if
required to pay, the non-Federal share.
ø(5)¿ (6) AUTHORIZATION OF APPROPRIATIONS.—There is au-
thorized to be appropriated to carry out this subsection
ø$4,000,000 for each of fiscal years 2019 and 2020¿
$25,000,000 for each of fiscal years 2022 through 2026.
(m) CONNECTION TO PUBLIC WATER SYSTEMS.—
(1) DEFINITIONS.—In this subsection:
(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
(i) an owner or operator of a public water system
that assists or is seeking to assist eligible individuals
with connecting the household of the eligible individual
to the public water system; or
(ii) a nonprofit entity that assists or is seeking to as-
sist eligible individuals with the costs associated with
connecting the household of the eligible individual to a
public water system.
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(B) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
has the meaning given the term in section 603(j) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1383(j)).
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26
(C) PROGRAM.—The term ‘program’ means the competi-
tive grant program established under paragraph (2).
(2) ESTABLISHMENT.—Subject to the availability of appropria-
tions, the Administrator shall establish a competitive grant pro-
gram for the purpose of improving the general welfare under
which the Administrator awards grants to eligible entities to
provide funds to assist eligible individuals in covering the costs
incurred by the eligible individual in connecting the household
of the eligible individual to a public water system.
(3) APPLICATION.—An eligible entity seeking a grant under
the program shall submit to the Administrator an application
at such time, in such manner, and containing such information
as the Administrator may require.
(4) CRITERIA.—In selecting recipients for grants under the
program, the Administrator shall consider—
(A) how public health would improve by awarding a
grant to a particular eligible entity;
(B) the environmental implications of awarding a grant
to a particular eligible entity;
(C) whether it is economically feasible for an eligible enti-
ty to provide the assistance described in paragraph (2); and
(D) whether it is technically feasible for an eligible entity
to provide the assistance described in paragraph (2).
(5) VOLUNTARY CONNECTION.—Before providing funds to an
eligible individual for the costs described in paragraph (2), an
eligible entity shall ensure and certify to the Administrator
that—
(A) the eligible individual is voluntarily seeking connec-
tion to the public water system;
(B) if the eligible entity is not the owner or operator of
the public water system to which the eligible individual
seeks to connect, the public water system to which the eligi-
ble individual seeks to connect has agreed to the connec-
tion; and
(C) the connection of the household of the eligible indi-
vidual to the public water system meets all applicable local
and State regulations, requirements, and codes.
(6) REPORT.—Not later than 2 years after the date of enact-
ment of the Drinking Water and Wastewater Infrastructure Act
of 2021, the Administrator shall submit to Congress a report
that describes the implementation of the program, which shall
include a description of the use and deployment of amounts
made available under the program.
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program $20,000,000 for
each of fiscal years 2022 through 2026.
(n) STATE COMPETITIVE GRANTS FOR UNDERSERVED COMMU-
NITIES.—
(1) IN GENERAL.—In addition to amounts authorized to be ap-
propriated under subsection (k), there is authorized to be appro-
priated to carry out subsections (a) through (j) $50,000,000 for
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each of fiscal years 2022 through 2026 in accordance with para-
graph (2).
(2) COMPETITIVE GRANTS.—
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27
(A) IN GENERAL.—Notwithstanding any other provision of
this section, the Administrator shall distribute amounts
made available under paragraph (1) to States through a
competitive grant program.
(B) APPLICATIONS.—To seek a grant under the competi-
tive grant program under subparagraph (A), a State shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the Ad-
ministrator may require.
(C) CRITERIA.—In selecting recipients of grants under the
competitive grant program under subparagraph (A), the
Administrator shall establish criteria that give priority to
States with a high proportion of underserved communities
that meet the condition described in subsection (a)(2)(A).
(3) REPORT.—Not later than 2 years after the date of enact-
ment of the Drinking Water and Wastewater Infrastructure Act
of 2021, the Administrator shall submit to Congress a report
that describes the implementation of the competitive grant pro-
gram under paragraph (2)(A), which shall include a description
of the use and deployment of amounts made available under the
competitive grant program.
(4) SAVINGS PROVISION.—Nothing in this paragraph affects
the distribution of amounts made available under subsection
(k), including any methods used by the Administrator for dis-
tribution of amounts made available under that subsection as
in effect on the day before the date of enactment of this sub-
section.
SEC. 1459B. REDUCING LEAD IN DRINKING WATER.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.— * * *
* * * * * * *
(c) LIMITATION ON USE OF FUNDS.— * * *
* * * * * * *
(d) LEAD INVENTORYING UTILIZATION GRANT PILOT PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
municipality that is served by a community water system
or a nontransient noncommunity water system in which not
less than 30 percent of the service lines are known, or sus-
pected, to contain lead, based on available data, informa-
tion, or resources, including existing lead inventorying.
(B) PILOT PROGRAM.—The term ‘pilot program’ means the
pilot program established under paragraph (2).
(2) ESTABLISHMENT.—The Administrator shall establish a
pilot program under which the Administrator shall provide
grants to eligible entities to carry out lead reduction projects
that are demonstrated to exist or are suspected to exist, based
on available data, information, or resources, including existing
lead inventorying of those eligible entities.
(3) SELECTION.—
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(A) APPLICATION.—To be eligible to receive a grant under
the pilot program, an eligible entity shall submit to the Ad-
ministrator an application at such time, in such manner,
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28
and containing such information as the Administrator may
require.
(B) PRIORITIZATION.—In selecting recipients under the
pilot program, the Administrator shall give priority to—
(i) an eligible entity that meets the affordability cri-
teria of the applicable State established under section
1452(d)(3); and
(ii) an eligible entity that is located in an area other
than a State that has established affordability criteria
under section 1452(d)(3).
(4) REPORT.—Not later 2 years after the Administrator first
awards a grant under the pilot program, the Administrator
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Energy and Com-
merce of the House of Representatives a report describing—
(A) the recipients of grants under the pilot program;
(B) the existing lead inventorying that was available to
recipients of grants under the pilot program; and
(C) how useful and accurate the lead inventorying de-
scribed in subparagraph (B) was in locating lead service
lines of the eligible entity.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the pilot program $10,000,000,
to remain available until expended.
ø(d)¿ (e) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section (except for sub-
section (d)) ø$60,000,000 for each of fiscal years 2017 through
2021¿ $100,000,000 for each of fiscal years 2022 through 2026
ø(e)¿ (f) SAVINGS CLAUSE.—Nothing in this section affects wheth-
er a public water system is responsible for the replacement of a
lead service line that is—
(1) subject to the control of the public water system; and
(2) located on private property.
SEC. 1459C. STUDY ON INTRACTABLE WATER SYSTEMS.
(a) DEFINITION OF INTRACTABLE WATER SYSTEM.— * * *
* * * * * * *
SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER
SYSTEMS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
(A) a State;
(B) a unit of local government;
(C) a public corporation established by a unit of local
government to provide water service;
(D) a nonprofit corporation, public trust, or cooperative
association that owns or operates a public water system;
(E) an Indian Tribe that owns or operates a public water
system;
(F) a nonprofit organization that provides technical as-
sistance to public water systems; and
(G) a Tribal consortium.
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(2) OPERATIONAL SUSTAINABILITY.—The term ‘operational sus-
tainability’ means the ability to improve the operation of a
small system through the identification and prevention of pota-
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29
ble water loss due to leaks, breaks, and other metering or infra-
structure failures.
(3) PROGRAM.—The term ‘program’ means the grant program
established under subsection (b).
(4) SMALL SYSTEM.—The term ‘small system’ means a public
water system that—
(A) serves fewer than 10,000 people; and
(B) is owned or operated by—
(i) a unit of local government;
(ii) a public corporation;
(iii) a nonprofit corporation;
(iv) a public trust;
(v) a cooperative association; or
(vi) an Indian Tribe.
(b) ESTABLISHMENT.—Subject to the availability of appropria-
tions, the Administrator shall establish a program to award grants
to eligible entities for the purpose of improving the operational sus-
tainability of 1 or more small systems.
(c) APPLICATIONS.—To be eligible to receive a grant under the pro-
gram, an eligible entity shall submit to the Administrator an appli-
cation at such time, in such manner, and containing such informa-
tion as the Administrator may require, including—
(1) a proposal of the project to be carried out using grant
funds under the program;
(2) documentation prepared by the eligible entity describing
the deficiencies or suspected deficiencies in operational sustain-
ability of 1 or more small systems that are to be addressed
through the proposed project;
(3) a description of how the proposed project will improve the
operational sustainability of 1 or more small systems;
(4) a description of how the improvements described in para-
graph (3) will be maintained beyond the life of the proposed
project, including a plan to maintain and update any asset
data collected as a result of the proposed project; and
(5) any additional information the Administrator may re-
quire.
(d) ADDITIONAL REQUIRED INFORMATION.—Before awarding funds
for a grant under the program to a grant recipient, the grant recipi-
ent shall submit to the Administrator—
(1) if the grant recipient is located in a State that has estab-
lished a State drinking water treatment revolving loan fund
under section 1452, a copy of a written agreement between the
grant recipient and the State in which the grant recipient
agrees to provide a copy of any data collected under the pro-
posed project to the State agency administering the State drink-
ing water treatment revolving loan fund (or a designee); or
(2) if the grant recipient is located in an area other than a
State that has established a State drinking water treatment re-
volving loan fund under section 1452, a copy of a written agree-
ment between the grant recipient and the Administrator in
which the eligible entity agrees to provide a copy of any data
collected under the proposed project to the Administrator (or a
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designee).
(e) USE OF FUNDS.—An eligible entity that receives a grant under
the program shall use the grant funds to carry out projects that im-
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30
prove the operational sustainability of 1 or more small systems
through—
(1) the development of a detailed asset inventory, which may
include drinking water sources, wells, storage, valves, treatment
systems, distribution lines, hydrants, pumps, controls, and
other essential infrastructure;
(2) the development of an infrastructure asset map, including
a map that uses technology such as—
(A) geographic information system software; and
(B) global positioning system software;
(3) the deployment of leak detection technology;
(4) the deployment of metering technology;
(5) training in asset management strategies, techniques, and
technologies for appropriate staff employed by—
(A) the eligible entity; or
(B) the small systems for which the grant was received;
(6) the deployment of strategies, techniques, and technologies
to enhance the operational sustainability and effective use of
water resources through water reuse; and
(7) the development or deployment of other strategies, tech-
niques, or technologies that the Administrator may determine to
be appropriate under the program.
(f) COST SHARE.—
(1) IN GENERAL.—Subject to paragraph (2), the Federal share
of the cost of a project carried out using a grant under the pro-
gram shall be 90 percent of the total cost of the project.
(2) WAIVER.—The Administrator may increase the Federal
share under paragraph (1) to 100 percent.
(g) REPORT.—Not later than 2 years after the date of enactment
of the Drinking Water and Wastewater Infrastructure Act of 2021,
the Administrator shall submit to Congress a report that describes
the implementation of the program, which shall include a descrip-
tion of the use and deployment of amounts made available under
the program.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section $50,000,000 for each of fis-
cal years 2022 through 2026.
SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUC-
TURE RESILIENCE AND SUSTAINABILITY PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a pub-
lic water system that serves a community with a population of
greater than 10,000.
(2) NATURAL HAZARD; RESILIENCE.—The terms ‘resilience’ and
‘natural hazard’ have the meanings given those terms in section
1433(h).
(3) RESILIENCE AND SUSTAINABILITY PROGRAM.—The term ‘re-
silience and sustainability program’ means the Midsize and
Large Drinking Water System Infrastructure Resilience and
Sustainability Program established under subsection (b).
(b) ESTABLISHMENT.—The Administrator shall establish and
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carry out a program, to be known as the ‘Midsize and Large Drink-
ing Water System Infrastructure Resilience and Sustainability Pro-
gram’, under which the Administrator, subject to the availability of
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31
appropriations for the resilience and sustainability program, shall
award grants to eligible entities for the purpose of—
(1) increasing resilience to natural hazards and extreme
weather events; and
(2) reducing cybersecurity vulnerabilities.
(c) USE OF FUNDS.—An eligible entity may only use grant funds
received under the resilience and sustainability program to assist in
the planning, design, construction, implementation, operation, or
maintenance of a program or project that increases resilience to nat-
ural hazards and extreme weather events, or reduces cybersecurity
vulnerabilities, through—
(1) the conservation of water or the enhancement of water-use
efficiency;
(2) the modification or relocation of existing drinking water
system infrastructure made, or that is at risk of being, signifi-
cantly impaired by natural hazards or extreme weather events,
including risks to drinking water from flooding;
(3) the design or construction of new or modified desalination
facilities to serve existing communities;
(4) the enhancement of water supply through the use of water-
shed management and source water protection;
(5) the enhancement of energy efficiency or the use and gen-
eration of renewable energy in the conveyance or treatment of
drinking water;
(6) the development and implementation of measures—
(A) to increase the resilience of the eligible entity to nat-
ural hazards and extreme weather events; or
(B) to reduce cybersecurity vulnerabilities; or
(7) the conservation of water or the enhancement of a water
supply through the implementation of water reuse measures.
(d) APPLICATION.—To seek a grant under the resilience and sus-
tainability program, an eligible entity shall submit to the Adminis-
trator an application at such time, in such manner, and containing
such information as the Administrator may require, including—
(1) a proposal of the program or project to be planned, de-
signed, constructed, implemented, operated, or maintained by
the eligible entity;
(2) an identification of the natural hazard risks, extreme
weather events, or potential cybersecurity vulnerabilities, as ap-
plicable, to be addressed by the proposed program or project;
(3) documentation prepared by a Federal, State, regional, or
local government agency of the natural hazard risk, potential
cybersecurity vulnerability, or risk for extreme weather events to
the area where the proposed program or project is to be located;
(4) a description of any recent natural hazards, cybersecurity
events, or extreme weather events that have affected the commu-
nity water system of the eligible entity;
(5) a description of how the proposed program or project
would improve the performance of the community water system
of the eligible entity under the anticipated natural hazards, cy-
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bersecurity vulnerabilities, or extreme weather events; and
(6) an explanation of how the proposed program or project is
expected—
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32
(A) to enhance the resilience of the community water sys-
tem of the eligible entity to the anticipated natural hazards
or extreme weather events; or
(B) to reduce cybersecurity vulnerabilities.
(e) REPORT.—Not later than 2 years after the date of enactment
of the Drinking Water and Wastewater Infrastructure Act of 2021,
the Administrator shall submit to Congress a report that describes
the implementation of the resilience and sustainability program,
which shall include a description of the use and deployment of
amounts made available to carry out the resilience and sustain-
ability program.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out the resilience and sustainability program $50,000,000
for each of fiscal years 2022 through 2026.
(2) USE OF FUNDS.—Of the amounts made available under
paragraph (1) for grants to eligible entities under the resilience
and sustainability program—
(A) 50 percent shall be used to provide grants to eligible
entities that serve a population of—
(i) greater than 10,000; and
(ii) fewer than 100,000; and
(B) 50 percent shall be used to provide grants to eligible
entities that serve a population equal to or greater than
100,000.
(3) ADMINISTRATIVE COSTS.—Of the amounts made available
under paragraph (1), not more than 2 percent may be used by
the Administrator for the administrative costs of carrying out
the resilience and sustainability program.
SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN
LOW-INCOME COMMUNITY WATER ASSISTANCE.
(a) DEFINITIONS.—In this section:
(1) LARGE COMMUNITY WATER SYSTEM.—The term ‘large com-
munity water system’ means a community water system or
treatment works that serves a population of more than 100,000
inhabitants.
(2) LOW-INCOME HOUSEHOLD.—The term ‘low-income house-
hold’ means a household that has an income that, as deter-
mined by the State in which the household is located, does not
exceed the greater of—
(A) an amount equal to 150 percent of the poverty level
of that State; and
(B) an amount equal to 60 percent of the State median
income for that State.
(3) MEDIUM COMMUNITY WATER SYSTEM.—The term ‘medium
community water system’ means a community water system or
treatment works that serves a population of more than 10,000
inhabitants and not more than 100,000 inhabitants.
(4) NEED.—The term ‘need’, with respect to a household,
means the expenditure of a disproportionate amount of house-
hold income on access to public drinking water or wastewater
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services.
(5) RURAL COMMUNITY WATER SYSTEM.—The term ‘rural com-
munity water system’ means a community water system or
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33
treatment works that serves a population of not more than
10,000 inhabitants.
(6) TREATMENT WORKS.—The term ‘treatment works’ has the
meaning given the term in section 212 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1292).
(b) STUDY; REPORT.—
(1) IN GENERAL.—The Administrator shall conduct, and sub-
mit to Congress a report describing the results of, a study re-
garding the prevalence throughout the United States of munici-
palities, public entities, or Tribal governments that—
(A) own or operate rural community water systems, me-
dium community water systems, or large community water
systems that service a disproportionate level of low-income
households with need, including low-income renters with
need or a community water system or treatment works that
provides services to a disadvantaged community (as defined
in section 1452(d)(3)); or
(B) have taken on an unsustainable level of debt due to
customer nonpayment for the services provided by a com-
munity water system or treatment works.
(2) INCLUSIONS.—The report under paragraph (1) shall in-
clude—
(A) recommendations of the Administrator regarding the
best methods to increase access to affordable and reliable
drinking water and wastewater services;
(B) a description of the cost of each method described in
subparagraph (A); and
(C) with respect to the development of the report, a con-
sultation with all relevant stakeholders.
(3) AGREEMENTS.—The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
SEC. 1459H. RURAL AND LOW-INCOME DRINKING WATER ASSISTANCE
PILOT PROGRAM.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a mu-
nicipality, Tribal government, or other entity that—
(A) owns or operates a community water system or treat-
ment works that services a disproportionate level of low-in-
come households (as defined in section 1459E(a)), including
low-income renters; or
(B) has taken on an unsustainable level of debt due to
customer nonpayment for the services provided by a com-
munity water system or treatment works.
(2) LARGE COMMUNITY WATER SYSTEM.—The term ‘large com-
munity water system’ means a community water system or
treatment works that serves a population of more than 100,000
inhabitants.
(3) MEDIUM COMMUNITY WATER SYSTEM.—The term ‘medium
community water system’ means a community water system or
treatment works that serves a population of more than 10,000
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inhabitants and not more than 100,000 inhabitants.
(4) NEED.—The term ‘need’, with respect to a household,
means the expenditure of a disproportionate amount of house-
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34
hold income on access to public drinking water or wastewater
services.
(5) PILOT PROGRAM.—The term ‘pilot program’ means the
pilot program established by the Administrator under sub-
section (b)(1).
(6) RURAL COMMUNITY WATER SYSTEM.—The term ‘rural com-
munity water system’ means a community water system or
treatment works that serves a population of not more than
10,000 inhabitants.
(7) TREATMENT WORKS.—The term ‘treatment works’ has the
meaning given the term in section 212 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1292).
(8) WATER SERVICES NEEDS ASSESSMENT.—The term ‘water
services needs assessment’ means the report required under sec-
tion 1459G(b)(1).
(b) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 90 days after the date on
which the Administrator submits the drinking water needs as-
sessment to Congress, the Administrator shall establish a pilot
program to award grants to eligible entities to develop and im-
plement programs to assist low-income households with need in
maintaining access to affordable and reliable drinking water
and wastewater treatment.
(2) REQUIREMENT.—In establishing the pilot program, the Ad-
ministrator shall ensure that the water services needs assess-
ment directly contributes to the structure of the pilot program
by informing the types of assistance and criteria used for pri-
ority consideration with the demonstrated need from the study
conducted under section 1459G(b)(1) and the water services
needs assessment.
(3) USE OF FUNDS LIMITATIONS.—A grant under the pilot pro-
gram—
(A) shall not be used to replace funds for any existing
similar program; but
(B) may be used to supplement or enhance an existing
program, including a program that receives assistance from
other Federal grants.
(4) TERM.—The term of a grant awarded under the pilot pro-
gram shall be subject to the availability of appropriations.
(5) TYPES OF ASSISTANCE.—In establishing the pilot program,
the Administrator may include provisions for—
(A) direct financial assistance;
(B) a lifeline rate;
(C) bill discounting;
(D) special hardship provisions;
(E) a percentage-of-income payment plan; or
(F) debt relief for the eligible entity or the community
water system owned by the eligible entity for debt that is
due to customer nonpayment for the services provided by
the eligible entity or the community water system that is
determined by the Administrator to be in the interest of
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public health.
(6) REQUIREMENT.—The Administrator shall award not more
than 40 grants under the pilot program, of which—
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35
(A) 10 shall be to eligible entities that own or operate a
rural community water system;
(B) 10 shall be to eligible entities that own or operate a
medium community water system;
(C) 10 shall be to eligible entities that own or operate a
large community water system; and
(D) 10 shall be to eligible entities that own or operate a
community water system or treatment works that services a
disadvantaged community (as defined in section
1452(d)(3)).
(7) CRITERIA.—In addition to any priority criteria established
by the Administrator in response to the findings in the water
services needs assessment, in awarding grants under the pilot
program, the Administrator shall give priority consideration to
eligible entities that—
(A)(i) serve a predominant number of customers consid-
ered to be low-income or moderate-income, as identified in
the drinking water needs assessment; and
(ii) are subject to consent decrees relating to compliance
with the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) or this title; or
(B) develop an equivalent program, as determined by the
Administrator, that is administered separately by the eligi-
ble entity.
(8) REPORTING REQUIREMENTS.—
(A) IN GENERAL.—In addition to any other applicable
Federal or agency-specific grant reporting requirements, as
a condition of receiving a grant under the pilot program,
an eligible entity (or a State, on behalf of an eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the Administrator,
the use of grant funds by the eligible entity, including—
(i) key features of the assistance provided by the eli-
gible entity, including rate structures, rebates, dis-
counts, and related initiatives that assist households,
including—
(I) budget billing;
(II) bill timing; and
(III) pretermination protections;
(ii) sources of funding used to supplement Federal
funds; and
(iii) eligibility criteria.
(B) PUBLICATION.—The Administrator shall publish each
report submitted under subparagraph (A).
(c) TECHNICAL ASSISTANCE.—The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of an eligible entity, that receives a grant under the pilot program
to ensure full implementation of the program.
(d) REPORT.—Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of an eligible entity) under the program, and every year thereafter
for the duration of the terms of the grants, the Administrator shall
submit to Congress a report on the results of the pilot program.
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SEC. 1459I. ADVANCED DRINKING WATER TECHNOLOGIES.
(a) STUDY.—
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36
(1) IN GENERAL.—Subject to the availability of appropria-
tions, not later than 1 year after the date of enactment of the
Drinking Water and Wastewater Infrastructure Act of 2021, the
Administrator shall carry out a study that examines the state
of existing and potential future technology, including technology
that could address cybersecurity vulnerabilities, that enhances
or could enhance the treatment, monitoring, affordability, effi-
ciency, and safety of drinking water provided by a public water
system.
(2) REPORT.—The Administrator shall submit to the Com-
mittee on Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of Represent-
atives a report that describes the results of the study under
paragraph (1).
(b) ADVANCED DRINKING WATER TECHNOLOGY GRANT PRO-
GRAM.—
(1) DEFINITIONS.—In this subsection:
(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means
the owner or operator of a public water system that—
(i) serves—
(I) a population of not more than 100,000 people;
or
(II) an underserved community;
(ii) has plans to identify or has identified opportuni-
ties in the operations of the public water system to em-
ploy new, existing, or emerging, yet proven, tech-
nologies, including technology that could address cy-
bersecurity vulnerabilities, as determined by the Ad-
ministrator, that enhance treatment, monitoring, af-
fordability, efficiency, or safety of the drinking water
provided by the public water system, including tech-
nologies not identified in the study conducted under
subsection (a)(1); and
(iii) has expressed an interest in the opportunities in
the operation of the public water system to employ new,
existing, or emerging, yet proven, technologies, includ-
ing technology that could address cybersecurity
vulnerabilities, as determined by the Administrator,
that enhance treatment, monitoring, affordability, effi-
ciency, or safety of the drinking water provided by the
public water system, including technologies not identi-
fied in the study conducted under subsection (a)(1).
(B) PROGRAM.—The term ‘program’ means the competi-
tive grant program established under paragraph (2).
(C) UNDERSERVED COMMUNITY.—The term ‘underserved
community’ means a political subdivision of a State that,
as determined by the Administrator, has an inadequate
system for obtaining drinking water.
(2) ESTABLISHMENT.—The Administrator shall establish a
competitive grant program under which the Administrator shall
award grants to eligible entities for the purpose of identifying,
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deploying, or identifying and deploying technologies described
in paragraph (1)(A)(ii).
(3) REQUIREMENTS.—
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37
(A) APPLICATIONS.—To be eligible to receive a grant
under the program, an eligible entity shall submit to the
Administrator an application at such time, in such man-
ner, and containing such information as the Administrator
may require.
(B) FEDERAL SHARE.—
(i) IN GENERAL.—Subject to clause (ii), the Federal
share of the cost of a project carried out using a grant
under the program shall not exceed 90 percent of the
total cost of the project.
(ii) WAIVER.—The Administrator may increase the
Federal share under clause (i) to 100 percent if the Ad-
ministrator determines that an eligible entity is unable
to pay, or would experience significant financial hard-
ship if required to pay, the non-Federal share.
(4) REPORT.—Not later than 2 years after the date on which
Administrator first awards a grant under the program, and an-
nually thereafter, the Administrator shall submit to Congress a
report describing—
(A) each recipient of a grant under the program during
the previous 1-year period; and
(B) a summary of the activities carried out using grants
awarded under the program.
(5) FUNDING.—
(A) AUTHORIZATION OF APPROPRIATIONS.—There is au-
thorized to be appropriated to carry out the program
$10,000,000 for each of fiscal years 2022 through 2026, to
remain available until expended.
(B) ADMINISTRATIVE COSTS.—Not more than 2 percent of
the amount made available for a fiscal year under sub-
paragraph (A) to carry out the program may be used by
the Administrator for the administrative costs of carrying
out the program.
* * * * * * *
LEAD CONTAMINATION IN SCHOOL DRINKING WATER
SEC. 1464. (a) DISTRIBUTION OF DRINKING WATER COOLER LIST.—
* * *
* * * * * * *
(b) GUIDANCE DOCUMENT AND TESTING PROTOCOL.—The Admin-
istrator shall publish a guidance document and a testing protocol
to assist public water systems and schools in determining the
source and degree of lead contamination in school drinking water
supplies and in remedying such contamination. The guidance docu-
ment shall include guidelines for sample preservation. The guid-
ance document shall also include guidance to assist States, schools,
public water systems, and the general public in ascertaining the
levels of lead contamination in drinking water coolers and in tak-
ing appropriate action to reduce or eliminate such contamination.
The guidance document shall contain a testing protocol for the
identification of drinking water coolers which contribute to lead
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contamination in drinking water. Such document and protocol may
be revised, republished and redistributed as the Administrator
deems necessary. The Administrator shall distribute the guidance
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38
document and testing protocol to the States within 100 days after
the enactment of this section.
* * * * * * *
(d) VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TEST-
ING GRANT PROGRAM.—
(1) DEFINITIONS.— * * *
* * * * * * *
(2) ESTABLISHMENT.—
(A) IN GENERAL.—Not later than 180 days after the date
of enactment of the Water and Waste Act of 2016, the Ad-
ministrator shall establish a voluntary school and child
care program lead testing grant program to make øgrants
available to States¿ grants available to—
(i) States to assist local educational agencies øin vol-
untary testing¿ , public water systems that serve
schools and child care programs under the jurisdiction
of those local educational agencies, and qualified non-
profit organizations in voluntary testing or compliance
monitoring
(II) by striking the period at the end and insert-
ing ‘‘; and’’; for lead contamination in drinking
water at schools and child care programs under
the jurisdiction of the local educational agen-
ciesø.¿ ;and
(ii) tribal consortia to assist tribal education agencies
(as defined in section 3 of the National Environmental
Education Act (20 U.S.C. 5502)) in voluntary testing
for lead contamination in drinking water at schools
and child care programs under the jurisdiction of the
tribal education agency.
(B) DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.—
The Administrator may make a grant for the voluntary
testing described in subparagraph (A) directly available
to—
(i) any local educational agency described in clause
(i) or (iii) of paragraph (1)(B) located in a State that
does not participate in the voluntary grant program
established under subparagraph (A); øor¿
(ii) any local educational agency described in clause
(ii) of paragraph (1)(B)ø.¿ ;
(iii) any public water system that is located in a
State that does not participate in the voluntary grant
program established under subparagraph (A) that—
(I) assists schools or child care programs in lead
testing;
(II) assists schools or child care programs with
compliance monitoring; or
(III) provides technical assistance to schools or
child care programs in carrying out lead testing;
or
(iv) a qualified nonprofit organization, as determined
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by the Administrator.
(3) APPLICATION.—To be eligible to receive a grant under this
subsection, a øState or local educational agency¿ State, local
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39
educational agency, public water system, tribal consortium, or
qualified nonprofit organization shall submit to the Adminis-
trator an application at such time, in such manner, and con-
taining such information as the Administrator may require.
(4) PRIORITY.—In making grants under this subsection, the
Administrator shall give priority to øStates and local edu-
cational agencies¿ States, local educational agencies, public
water systems, tribal consortia, and qualified nonprofit organi-
zations that will assist in voluntary testing for lead contamina-
tion in drinking water at schools and child care programs that
are in low-income areas.
(5) LIMITATION ON USE OF FUNDS.—Not more than 4 percent
of grant funds accepted by a øState or local educational agen-
cy¿ State, local educational agency, public water system, tribal
consortium, or qualified nonprofit organization for a fiscal year
under this subsection shall be used to pay the administrative
costs of carrying out this subsection.
(6) GUIDANCE; PUBLIC AVAILABILITY.—As a condition of re-
ceiving a grant under this subsection, the recipient øState or
local educational agency¿ State, local educational agency, pub-
lic water system, tribal consortium, or qualified nonprofit orga-
nization shall ensure that each local educational agency , pub-
lic water system, tribal consortium, or qualified nonprofit orga-
nization to which grant funds are distributed shall—
(A) expend grant funds in accordance with—
(i) the guidance of the Environmental Protection
Agency entitled ‘‘3Ts for Reducing Lead in Drinking
Water in Schools: Revised Technical Guidance’’ and
dated October 2006 (or any successor guidance); or
(ii) applicable State or tribal regulations or guidance
regarding reducing lead in drinking water in schools
and child care programs that are not less stringent
than the guidance referred to in clause (i); and
(B)(i) make available, if applicable, in the administrative
offices and, to the extent practicable, on the Internet
website of the applicable local educational agency for in-
spection by the public (including teachers, other school
personnel, and parents) a copy of the results of any vol-
untary testing for lead contamination in school and child
care program drinking water carried out using grant funds
under this subsection; and
(ii) notify parent, teacher, and employee organizations of
the availability of the results described in clause (i).
(7) MAINTENANCE OF EFFORT.—If resources are available to
a øState or local educational agency¿ State, local educational
agency, public water system, tribal consortium, or qualified
nonprofit organization from any other Federal agency, a State,
or a private foundation for testing for lead contamination in
drinking water, the State or local educational agency shall
demonstrate that the funds provided under this subsection will
not displace those resources.
ø(8) AUTHORIZATION OF APPROPRIATIONS.—There are author-
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ized to be appropriated to carry out this subsection $20,000,000
for each of fiscal years 2017 through 2019, and $25,000,000 for
each of fiscal years 2020 and 2021.¿
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40
(8) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this subsection—
(A) $30,000,000 for each of fiscal years 2022 through
2024;
(B) $40,000,000 for fiscal year 2025; and
(C) $50,000,000 for fiscal year 2026.
* * * * * * *
America’s Water Infrastructure Act of 2018
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) ø33 U.S.C. 2201 note¿ SHORT TITLE.—This Act may be cited
as ‘‘America’s Water Infrastructure Act of 2018’’.
(b) TABLE OF CONTENTS.— * * *
* * * * * * *
TITLE II—DRINKING WATER SYSTEM
IMPROVEMENT
SEC. 2001. ø42 U.S.C. 300j-3c note¿ INDIAN RESERVATION DRINKING
WATER PROGRAM.
(a) IN GENERAL.—øSubject to the availability of appropriations,
the Administrator of the Environmental Protection Agency¿ The
Administrator of the Environmental Protection Agency (referred to
in this section as the ‘Administrator’) shall carry out a programøto
implement—to implement eligible projects described in subsection
(b).
ø(1) 10 eligible projects described in subsection (b) that are
within the Upper Missouri River Basin; and
ø(2) 10 eligible projects described in subsection (b) that are
within the Upper Rio Grande Basin.¿
* * * * * * *
ø(c) REQUIREMENT.—In carrying out the program under sub-
section (a)(1), the Administrator of the Environmental Protection
Agency shall select not less than one eligible project for a reserva-
tion that serves more than one federally recognized Indian Tribe.¿
(c) REQUIRED PROJECTS.—
(1) IN GENERAL.—If sufficient projects exist, of the funds
made available to carry out this section, the Administrator
shall use 50 percent to carry out—
(A) 10 eligible projects described in subsection (b) that
are within the Upper Missouri River Basin;
(B) 10 eligible projects described in subsection (b) that
are within the Upper Rio Grande Basin;
(C) 10 eligible projects described in subsection (b) that
are within the Columbia River Basin;
(D) 10 eligible projects described in subsection (b) that
are within the Lower Colorado River Basin; and
(E) 10 eligible projects described in subsection (b) that
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are within the Arkansas-White-Red River Basin.
(2) REQUIREMENT.—In carrying out paragraph (1)(A), the Ad-
ministrator shall select not fewer than 2 eligible projects for a
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41
reservation that serves more than 1 federally recognized Indian
Tribe.
(d) FEDERAL SHARE.—The Federal share of the cost of a project
carried out under this section shall be 100 percent.
(e) REPORT.—Not later than 2 years after the date of enactment
of the Drinking Water and Wastewater Infrastructure Act of 2021,
the Administrator shall submit to Congress a report that describes
the implementation of the program established under subsection (a),
which shall include a description of the use and deployment of
amounts made available under that program.
ø(d)¿ (f) AUTHORIZATION OF APPROPRIATIONS.—øThere is¿ There
are authorized to be appropriated to carry out the program under
øsubsection (a) $20,000,000¿ subsection (a)—
(1) $20,000,000 for each of fiscal years 2019 through ø2022¿
2021; and
(2) $50,000,000 for each of fiscal years 2022 through 2026.
* * * * * * *
TITLE IV—OTHER MATTERS
Subtitle A—Clean Water
SEC. 4101. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.
(a) IN GENERAL.— * * *
* * * * * * *
SEC. 4304. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
(a) DEFINITION OF PUBLIC WORKS DEPARTMENT OR AGENCY.—In
this section, the term ‘public works department or agency’ means a
political subdivision of a local, county, or regional government that
designs, builds, operates, and maintains water infrastructure, sew-
age and refuse disposal systems, and other public water systems
and facilities.
ø(a)¿ (b)¿ SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) * * *
* * * * * * *
(3) to further the goal of ensuring a strong pipeline of skilled
and diverse workers in the water and wastewater utilities sec-
tor, Congress urges—
(A) increased collaboration among Federal, State, Tribal,
and local governments; and
(B) institutions of higher education, apprentice pro-
grams, high schools, and other øcommunity-based organi-
zations to align workforce training programs and commu-
nity resources with water and wastewater utilities to ac-
celerate career pipelines and provide access to workforce
opportunities.¿ community-based organizations and public
works departments or agencies to align water and waste-
water utility workforce recruitment efforts, training pro-
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grams, retention efforts, and community resources with
water and wastewater utilities—
(i) to accelerate career pipelines;
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42
(ii) to ensure the sustainability of the water and
wastewater utility workforce; and
(iii) to provide access to workforce opportunities.
ø(b)¿ (c) INNOVATIVE WATER INFRASTRUCTURE WORKFORCE DE-
VELOPMENT PROGRAM.—
(1) GRANTS AUTHORIZED.—The Administrator of the Environ-
mental Protection Agency (referred to in this section as the
‘‘Administrator’’), in consultation with the Secretary of Agri-
culture, shall establish a competitive grant øprogram—
ø(A) to assist¿ program to assist the development and
utilization of innovative activities relating to workforce de-
velopment and career opportunities in the water utility
sectorø; and¿ , which may include—
(A) expanding the use and availability of activities and
resources that relate to the recruitment, including the pro-
motion of diversity within that recruitment, of individuals
to careers in the water and wastewater utility sector;
(B) expanding the availability of training opportunities
for—
(i) individuals entering into the water and waste-
water utility sector; and
(ii) individuals seeking to advance careers within the
water and wastewater utility sector; and
(C) expanding the use and availability of activities and
strategies, including the development of innovative activi-
ties and strategies, that relate to the maintenance and re-
tention of a sustainable workforce in the water and waste-
water utility sector.
ø(B) to expand public awareness about water utilities
and connect individuals to careers in the water utility sec-
tor.¿
(2) SELECTION OF GRANT RECIPIENTS.—In awarding grants
under paragraph (1), the Administrator shall, to the extent
practicable, select nonprofit professional or service organiza-
tions, labor organizations, community colleges, institutions of
higher education, or other training and educational
øinstitutions—¿ institutions, or public works departments and
agencies—
(A) that have qualifications and experience—
(i) in the development of educational or recruitment
materials and activities, including those materials and
activities that specifically promote diversity within re-
cruitment, for the water and wastewater utility work-
force;
ø(i)¿ (ii) in the development of training programs
and curricula relevant to workforce needs of water
utilities; or
ø(ii) working in cooperation with water utilities; or
ø(iii) developing public education materials appro-
priate for communicating with groups of different ages
and educational backgrounds; and¿
(iii) developing activities and strategies that relate to
the maintenance and retention of a sustainable work-
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force in the water and wastewater utility sector; and
* * * * * * *
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43
(3) USE OF FUNDS.—Grants awarded under paragraph (1)
may be used for activities such as—
(A) targeted internship, apprenticeship, pre-apprentice-
ship, and post-secondary bridge programs for skilled water
utility trades that provide—
(i) * * *
* * * * * * *
(D) integrated learning laboratories in secondary edu-
cational institutions that provide students with—
(i) hands-on, contextualized learning opportunities;
(ii) dual enrollment credit for post-secondary edu-
cation and training or certification programs; and
(E) leadership development, occupational training, men-
toring, or cross-training programs that øensure that in-
cumbent water and waste water utilities workers¿ are de-
signed to retain incumbent water and wastewater utility
workforce workers by ensuring that those workers are pre-
pared for higher level supervisory or management-level po-
sitions.
ø(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this subsection $1,000,000
for each of fiscal years 2019 and 2020.¿
(4) WORKING GROUP; REPORT.—
(A) IN GENERAL.—The Administrator shall establish and
coordinate a Federal interagency working group to address
recruitment, training, and retention challenges in the water
and wastewater utility workforce, which shall include rep-
resentatives from—
(i) the Department of Education;
(ii) the Department of Labor;
(iii) the Department of Agriculture;
(iv) the Department of Veterans Affairs; and
(v) other Federal agencies, as determined to be ap-
propriate by the Administrator.
(B) REPORT.—Not later than 2 years after the date of en-
actment of the Drinking Water and Wastewater Infrastruc-
ture Act of 2021, the Administrator, in coordination with
the working group established under subparagraph (A),
shall submit to Congress a report describing potential solu-
tions to recruitment, training, and retention challenges in
the water and wastewater utility workforce.
(C) CONSULTATION.—In carrying out the duties of the
working group established under subparagraph (A), the
working group shall consult with State operator certifi-
cation programs.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2022 through 2026.
* * * * * * *
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Federal Water Pollution Control Act
* * * * * * *
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TITLE I—RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
SEC. 101. (a) * * *
* * * * * * *
RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION
SEC. 104. (a) The Administrator shall establish national pro-
grams for the prevention, reduction, and elimination of pollution
and as part of such programs shall—
(1) * * *
* * * * * * *
(u) There is authorized to be appropriated (1) not to exceed
$100,000,000 per fiscal year for the fiscal year ending June 30,
1973, the fiscal year ending June 30, 1974, and the fiscal year end-
ing June 30, 1975, not to exceed $14,039,000 for the fiscal year
ending September 30, 1980, not to exceed $20,697,000 for the fiscal
year ending September 30, 1981, not to exceed $22,770,000 for the
fiscal year ending September 30, 1982, such sums as may be nec-
essary for fiscal years 1983 through 1985, and not to exceed
$22,770,000 per fiscal year for each of the fiscal years 1986 through
1990, for carrying out the provisions of this section, other than sub-
sections (g)(1) and (2), (p), (r), and (t), except that such authoriza-
tions are not for any research, development, or demonstration ac-
tivity pursuant to such provisions; (2) not to exceed $7,500,000 for
fiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year 1977,
$3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979,
$3,000,000 for fiscal year 1980, $3,000,000 for fiscal year 1981,
$3,000,000 for fiscal year 1982, such sums as may be necessary for
fiscal years 1983 through 1985, and $3,000,000 per fiscal year for
each of the fiscal years 1986 through 1990, for carrying out the pro-
visions of subsection (g)(1); (3) not to exceed $2,500,000 for fiscal
years 1973, 1974, and 1975, $1,000,000 for fiscal year 1977,
$1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979,
$1,500,000 for fiscal year 1980, $1,500,000 for fiscal year 1981,
$1,500,000 for fiscal year 1982, such sums as may be necessary for
fiscal years 1983 through 1985, and $1,500,000 per fiscal year for
each of the fiscal years 1986 through 1990, for carrying out the pro-
visions of subsection (g)(2); (4) not to exceed $10,000,000 for each
of the fiscal years ending June 30, 1973, June 30, 1974, and June
30, 1975, for carrying out the provisions of subsection (p); (5) not
to exceed $15,000,000 per fiscal year for the fiscal years ending
June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out
the provisions of subsection (r); (6) not to exceed $10,000,000 per
fiscal year for the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975, for carrying out the provisions of subsection (t);
øand (7)¿ (7) not to exceed $25,000,000 for each of fiscal years 2019
through ø2023¿ 2021 for carrying out subsections (b)(3), (b)(8), and
(g)ø.¿ ; and (8) not to exceed $75,000,000 for each of fiscal years
2022 through 2026 for carrying out subsections (b)(3), (b)(8), and
(g), of which not less than $50,000,000 each fiscal year shall be used
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to carry out subsection (b)(8).
* * * * * * *
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45
(w) NONPROFIT ORGANIZATION.—For purposes of subsection (b)(8),
the term ‘‘nonprofit organization’’ means a nonprofit organization
that the Administrator determines, after consultation with the
States regarding what small publicly owned øtreatments works¿
treatment works in the State find to be most beneficial and effec-
tive, is qualified and experienced in providing on-site training and
technical assistance to small publicly owned treatment works.
* * * * * * *
TITLE II—GRANTS FOR CONSTRUCTION OF TREATMENT
WORKS
PURPOSE
SEC. 201. (a) * * *
* * * * * * *
SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE
PROJECTS.
(a) POLICY.— * * *
* * * * * * *
ø(i)¿ (b) DEFINITIONS.—In this sectionø, the following definitions
apply¿:
(1) ALTERNATIVE WATER SOURCE PROJECT.—The term ‘‘alter-
native water source project’’ means a project designed to pro-
vide municipal, industrial, and agricultural water supplies in
an environmentally sustainable manner by conserving, man-
aging, reclaiming, or reusing øwater or wastewater or by treat-
ing wastewater¿ water, wastewater, or stormwater or by treat-
ing wastewater or stormwater. Such term does not include
water treatment or distribution facilities.
(2) CRITICAL WATER SUPPLY NEEDS.—The term ‘‘critical water
supply needs’’ means existing or reasonably anticipated future
water supply needs that cannot be met by existing water sup-
plies, as identified in a comprehensive statewide or regional
water supply plan or assessment projected over a planning pe-
riod of at least 20 years.
ø(b)¿ (c) øIn General¿ESTABLISHMENT.—The Administrator may
establish a pilot program to make grants to State, interstate, and
intrastate water resource development agencies (including water
management districts and water supply authorities), local govern-
ment agencies, private utilities, and nonprofit entities for alter-
native water source projects to meet critical water supply needs.
ø(c)¿ (d) ELIGIBLE ENTITY.—The Administrator may make grants
under this section to an entity only if the entity has authority
under State law to develop or provide water for municipal, indus-
trial, and agricultural uses in an area of the State that is experi-
encing critical water supply needs.
ø(d)¿ (e) SELECTION OF PROJECTS.—
(1) LIMITATION.—A project that has received funds under the
reclamation and reuse program conducted under the Reclama-
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tion Projects Authorization and Adjustment Act of 1992 (43
U.S.C. 390h et seq.) shall not be eligible for grant assistance
under this section.
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46
ø(2) ADDITIONAL CONSIDERATION.—In making grants under
this section, the Administrator shall consider whether the
project is located within the boundaries of a State or area re-
ferred to in section 1 of the Reclamation Act of June 17, 1902
(32 Stat. 385), and within the geographic scope of the reclama-
tion and reuse program conducted under the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h et seq.).¿
ø(3)¿ (2) GEOGRAPHICAL DISTRIBUTION.—Alternative water
source projects selected by the Administrator under this sec-
tion shall reflect a variety of geographical and environmental
conditions.
ø(e) COMMITTEE RESOLUTION PROCEDURE.—
ø(1) IN GENERAL.—No appropriation shall be made for any
alternative water source project under this section, the total
Federal cost of which exceeds $3,000,000, if such project has
not been approved by a resolution adopted by the Committee
on Transportation and Infrastructure of the House of Rep-
resentatives or the Committee on Environment and Public
Works of the Senate.
ø(2) REQUIREMENTS FOR SECURING CONSIDERATION.—For pur-
poses of securing consideration of approval under paragraph
(1), the Administrator shall provide to a committee referred to
in paragraph (1) such information as the committee requests
and the non-Federal sponsor shall provide to the committee in-
formation on the costs and relative needs for the alternative
water source project.¿
* * * * * * *
ø(j)¿ (i) AUTHORIZATION OF APPROPRIATIONS.—øThere is¿
(1) IN GENERAL—THERE IS authorized to be appropriated to
carry out this section øa total of $75,000,000 for fiscal years
2002 through 2004. Such sums shall¿ $25,000,000 for each of
fiscal years 2022 through 2026, to remain available until ex-
pended.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2 per-
cent may be used to pay the administrative costs of the Admin-
istrator.
* * * * * * *
SEC. 221. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL
GRANTS.
(a) IN GENERAL.—
(1) GRANTS TO STATES.—The Administrator may make grants
to States for the purpose of providing grants to a municipality
or municipal entity for planning, design, and construction of—
(A) treatment works to intercept, transport, control,
treat, or reuse municipal combined sewer overflows, sani-
tary sewer overflows, or stormwater; øand¿
(B) notification systems to inform the public of combined
sewer or sanitary overflows that result in sewage being re-
leased into rivers and other waters; and
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ø(B)¿ (C) any other measures to manage, reduce, treat,
or recapture stormwater or subsurface drainage water eli-
gible for assistance under section 603(c).
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47
(2) DIRECT MUNICIPAL GRANTS.—Subject to subsection (g), the
Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph (1).
* * * * * * *
(d) COST-SHARING.—øThe Federal¿
(1) IN GENERAL.—Subject to paragraph (2), the Federal share
of the cost of activities carried out using amounts from a grant
made under subsection (a) shall be not less than 55 percent of
the cost. øThe non-Federal share of the cost¿
(2) FEDERAL SHARE FOR RURAL OR FINANCIALLY DISTRESSED
COMMUNITIES.—
(A) IN GENERAL.—Subject to subparagraph (B), the Fed-
eral share of the cost of an activity carried out using
amounts from a grant under subsection (a) in a rural com-
munity or a financially distressed community (as those
terms are defined in subsection (f)(2)(B)(i)) shall be 90 per-
cent.
(B) WAIVER.—The Administrator may increase the Fed-
eral share under subparagraph (A) to 100 percent.
(3) TYPES OF NON-FEDERAL SHARE.—The applicable non-Fed-
eral share of the cost under this subsection may include, in any
amount, public and private funds and in-kind services, and
may include, notwithstanding section 603(h), financial assist-
ance, including loans, from a State water pollution control re-
volving fund.
* * * * * * *
(f) AUTHORIZATION OF APPROPRIATIONS.—
ø(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $225,000,000 for each of fiscal years 2019
through 2020.¿
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $280,000,000 for each of fiscal years 2022
through 2026.
(2) MINIMUM ALLOCATIONS.—øTo the extent¿
(A) GREEN PROJECTS—To the extent there are sufficient
eligible project applications, the Administrator shall en-
sure that a State uses not less than 20 percent of the
amount of the grants made to the State under subsection
(a) in a fiscal year to carry out projects to intercept, trans-
port, control, treat, or reuse municipal combined sewer
overflows, sanitary sewer overflows, or stormwater
through the use of green infrastructure, water and energy
efficiency improvements, and other environmentally inno-
vative activities.
(B) RURAL OR FINANCIALLY DISTRESSED COMMUNITY AL-
LOCATION.—
(i) DEFINITIONS.—In this subparagraph:
(I) FINANCIALLY DISTRESSED COMMUNITY.—The
term ‘financially distressed community’ has the
meaning given the term in subsection (c)(1).
(II) RURAL COMMUNITY.—The term ‘rural com-
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munity’ means a city, town, or unincorporated
area that has a population of not more than
10,000 inhabitants.
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48
(ii) ALLOCATION.—
(I) IN GENERAL.—To the extent there are suffi-
cient eligible project applications, the Adminis-
trator shall ensure that a State uses not less than
25 percent of the amount of the grants made to the
State under subsection (a) in a fiscal year to carry
out projects in rural communities or financially
distressed communities for the purpose of plan-
ning, design, and construction of—
(aa) treatment works to intercept, transport,
control, treat, or reuse municipal sewer over-
flows, sanitary sewer overflows, or stormwater;
or
(bb) any other measures to manage, reduce,
treat, or recapture stormwater or subsurface
drainage water eligible for assistance under
section 603(c).
(II) RURAL COMMUNITIES.—Of the funds allo-
cated under subclause (I) for the purposes de-
scribed in that subclause, to the extent there are
sufficient eligible project applications, the Admin-
istrator shall ensure that a State uses not less than
60 percent to carry out projects in rural commu-
nities.
* * * * * * *
(i) REPORTS.—øNot later¿
(1) RECOMMENDED FUNDING LEVELS.—
(A) IN GENERAL.—Not later than December 31, 2003, and
periodically thereafter, the Administrator shall transmit to
Congress a report containing recommended funding levels
for grants under this section. øThe recommended funding
levels¿
(B) REQUIREMENT.—The funding levels recommended
under subparagraph (A); shall be sufficient to ensure the
continued expeditious implementation of municipal com-
bined sewer overflow and sanitary sewer overflow controls
nationwide.
(2) USE OF FUNDS.—Not later than 2 years after the date of
enactment of the Drinking Water and Wastewater Infrastruc-
ture Act of 2021, the Administrator shall submit to the Com-
mittee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that describes the implementation of
the grant program under this section, which shall include a de-
scription of the grant recipients and grant amounts made avail-
able under the program.
SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAIN-
ABILITY PROGRAM.
(a) DEFINITIONS.—In this section:
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(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
(A) a municipality; or
(B) an intermunicipal, interstate, or State agency.
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49
(2) NATURAL HAZARD.—The term ‘natural hazard’ means a
hazard caused by natural forces, including extreme weather
events, sea-level rise, and extreme drought conditions.
(3) PROGRAM.—The term ‘program’ means the clean water in-
frastructure resilience and sustainability program established
under subsection (b).
(b) ESTABLISHMENT.—Subject to the availability of appropria-
tions, the Administrator shall establish a clean water infrastructure
resilience and sustainability program under which the Adminis-
trator shall award grants to eligible entities for the purpose of in-
creasing the resilience of publicly owned treatment works to a nat-
ural hazard or cybersecurity vulnerabilities.
(c) USE OF FUNDS.—An eligible entity that receives a grant under
the program shall use the grant funds for planning, designing, or
constructing projects (on a system-wide or area-wide basis) that in-
crease the resilience of a publicly owned treatment works to a nat-
ural hazard or cybersecurity vulnerabilities through—
(1) the conservation of water;
(2) the enhancement of water use efficiency;
(3) the enhancement of wastewater and stormwater manage-
ment by increasing watershed preservation and protection, in-
cluding through the use of—
(A) natural and engineered green infrastructure; and
(B) reclamation and reuse of wastewater and stormwater,
such as aquifer recharge zones;
(4) the modification or relocation of an existing publicly
owned treatment works, conveyance, or discharge system compo-
nent that is at risk of being significantly impaired or damaged
by a natural hazard;
(5) the development and implementation of projects to in-
crease the resilience of publicly owned treatment works to a nat-
ural hazard or cybersecurity vulnerabilities, as applicable; or
(6) the enhancement of energy efficiency or the use and gen-
eration of recovered or renewable energy in the management,
treatment, or conveyance of wastewater or stormwater.
(d) APPLICATION.—To be eligible to receive a grant under the pro-
gram, an eligible entity shall submit to the Administrator an appli-
cation at such time, in such manner, and containing such informa-
tion as the Administrator may require, including—
(1) a proposal of the project to be planned, designed, or con-
structed using funds under the program;
(2) an identification of the natural hazard risk of the area
where the proposed project is to be located or potential cyberse-
curity vulnerability, as applicable, to be addressed by the pro-
posed project;
(3) documentation prepared by a Federal, State, regional, or
local government agency of the natural hazard risk of the area
where the proposed project is to be located or potential cyberse-
curity vulnerability, as applicable, of the area where the pro-
posed project is to be located;
(4) a description of any recent natural hazard risk of the area
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where the proposed project is to be located or potential cyberse-
curity vulnerabilities that have affected the publicly owned
treatment works;
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50
(5) a description of how the proposed project would improve
the performance of the publicly owned treatment works under
an anticipated natural hazard or natural hazard risk of the
area where the proposed project is to be located or a potential
cybersecurity vulnerability, as applicable; and
(6) an explanation of how the proposed project is expected to
enhance the resilience of the publicly owned treatment works to
a natural hazard risk of the area where the proposed project is
to be located or a potential cybersecurity vulnerability, as appli-
cable.
(e) GRANT AMOUNT AND OTHER FEDERAL REQUIREMENTS.—
(1) COST SHARE.—Except as provided in paragraph (2), a
grant under the program shall not exceed 75 percent of the total
cost of the proposed project.
(2) EXCEPTION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a grant under the program shall not exceed 90 percent
of the total cost of the proposed project if the project serves
a community that—
(i) has a population of fewer than 10,000 individ-
uals; or
(ii) meets the affordability criteria established by the
State in which the community is located under section
603(i)(2).
(B) WAIVER.—At the discretion of the Administrator, a
grant for a project described in subparagraph (A) may
cover 100 percent of the total cost of the proposed project.
(3) REQUIREMENTS.—The requirements of section 608 shall
apply to a project funded with a grant under the program.
(f) REPORT.—Not later than 2 years after the date of enactment of
the Drinking Water and Wastewater Infrastructure Act of 2021, the
Administrator shall submit to Congress a report that describes the
implementation of the program, which shall include an accounting
of all grants awarded under the program, including a description
of each grant recipient and each project funded using a grant under
the program.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $25,000,000 for each of fiscal years 2022
through 2026.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2 per-
cent may be used to pay the administrative costs of the Admin-
istrator.
SEC. 223. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS
CIRCUIT RIDER PROGRAM.
(a) ESTABLISHMENT.—Subject to the availability of appropria-
tions, not later than 180 days after the date of enactment of this sec-
tion, the Administrator shall establish a circuit rider program (re-
ferred to in this section as the ‘circuit rider program’) under which
the Administrator shall award grants to qualified nonprofit entities,
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as determined by the Administrator, to provide assistance to owners
and operators of small and medium publicly owned treatment
works to carry out the activities described in section 602(b)(13).
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(b) LIMITATION.—A grant provided under the circuit rider pro-
gram shall be in an amount that is not more than $75,000.
(c) COMMUNICATION.—Each qualified nonprofit entity that re-
ceives funding under this section shall, before using that funding to
undertake activities to carry out this section, consult with the State
in which the assistance is to be expended or otherwise made avail-
able.
(d) REPORT.—Not later than 2 years after the date on which the
Administrator establishes the circuit rider program, and every 2
years thereafter, the Administrator shall submit to Congress a re-
port describing—
(1) each recipient of a grant under the circuit rider program;
and
(2) a summary of the activities carried out under the circuit
rider program.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out this section $10,000,000 for the period of fiscal years
2022 through 2026.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2 per-
cent may be used to pay the administrative costs of the Admin-
istrator.
SEC. 224. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY
GRANT PROGRAM.
(a) ESTABLISHMENT.—Subject to the availability of appropria-
tions, not later than 180 days after the date of enactment of this sec-
tion, the Administrator shall establish an efficiency grant program
(referred to in this section as the ‘efficiency grant program’) under
which the Administrator shall award grants to eligible entities for
the replacement or repair of equipment that improves water or en-
ergy efficiency of small publicly owned treatment works, as identi-
fied in an efficiency audit.
(b) ELIGIBLE ENTITIES.—The Administrator may award a grant
under the efficiency grant program to—
(1) an owner or operator of a small publicly owned treatment
works that serves—
(A) a population of not more than 10,000 people; or
(B) a disadvantaged community; or
(2) a nonprofit organization that seeks to assist a small pub-
licly owned treatment works described in paragraph (1) to carry
out the activities described in subsection (a).
(c) REPORT.—Not later than 2 years after the date on which the
Administrator establishes the efficiency grant program, and every 2
years thereafter, the Administrator shall submit to Congress a re-
port describing—
(1) each recipient of a grant under the efficiency grant pro-
gram; and
(2) a summary of the activities carried out under the effi-
ciency grant program.
(d) USE OF FUNDS.—
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(1) SMALL SYSTEMS.—Of the amounts made available for
grants under this section, to the extent that there are sufficient
applications, not less than 15 percent shall be used for grants
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52
to publicly owned treatment works that serve fewer than 3,300
people.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under this section, not more than 2 percent
may be used to pay the administrative costs of the Adminis-
trator.
SEC. 225. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDI-
VIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER SYS-
TEMS FOR INDIVIDUALS WITH LOW OR MODERATE INCOME.
(a) DEFINITION OF ELIGIBLE INDIVIDUAL.—In this section, the
term ‘eligible individual’ means a member of a low-income or mod-
erate-income household, the members of which have a combined in-
come (for the most recent 12-month period for which information is
available) equal to not more than 50 percent of the median non-
metropolitan household income for the State or territory in which
the household is located, according to the most recent decennial cen-
sus.
(b) GRANT PROGRAM.—
(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Administrator shall establish a program under which
the Administrator shall provide grants to private nonprofit or-
ganizations for the purpose of improving general welfare by pro-
viding assistance to eligible individuals—
(A) for the construction, repair, or replacement of an indi-
vidual household decentralized wastewater treatment sys-
tem; or
(B) for the installation of a larger decentralized waste-
water system designed to provide treatment for 2 or more
households in which eligible individuals reside, if—
(i) site conditions at the households are unsuitable
for the installation of an individually owned decentral-
ized wastewater system;
(ii) multiple examples of unsuitable site conditions
exist in close geographic proximity to each other; and
(iii) a larger decentralized wastewater system could
be cost-effectively installed.
(2) APPLICATION.—To be eligible to receive a grant under this
subsection, a private nonprofit organization shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator deter-
mines to be appropriate.
(3) PRIORITY.—In awarding grants under this subsection, the
Administrator shall give priority to applicants that have sub-
stantial expertise and experience in promoting the safe and ef-
fective use of individual household decentralized wastewater
systems.
(4) ADMINISTRATIVE EXPENSES.—A private nonprofit organi-
zation may use amounts provided under this subsection to pay
the administrative expenses associated with the provision of the
services described in paragraph (1), as the Administrator deter-
mines to be appropriate.
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(c) GRANTS.—
(1) IN GENERAL.—Subject to paragraph (2), a private non-
profit organization shall use a grant provided under subsection
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53
(b) for the services described in paragraph (1) of that sub-
section.
(2) APPLICATION.—To be eligible to receive the services de-
scribed in subsection (b)(1), an eligible individual shall submit
to the private nonprofit organization serving the area in which
the individual household decentralized wastewater system of
the eligible individuals is, or is proposed to be, located an ap-
plication at such time, in such manner, and containing such in-
formation as the private nonprofit organization determines to be
appropriate.
(3) PRIORITY.—In awarding grants under this subsection, a
private nonprofit organization shall give priority to any eligible
individual who does not have access to a sanitary sewage dis-
posal system.
(d) REPORT.—Not later than 2 years after the date of enactment
of this section, 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
a report describing the recipients of grants under the program
under this section and the results of the program under this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
the Administrator to carry out this section $50,000,000 for each
of fiscal years 2022 through 2026.
(2) LIMITATION ON USE OF FUNDS.—Of the amounts made
available for grants under paragraph (1), not more than 2 per-
cent may be used to pay the administrative costs of the Admin-
istrator.
SEC. 226. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
(A) an owner or operator of a publicly owned treatment
works that assists or is seeking to assist low-income or
moderate-income individuals with connecting the house-
hold of the individual to the publicly owned treatment
works; or
(B) a nonprofit entity that assists low-income or mod-
erate-income individuals with the costs associated with con-
necting the household of the individual to a publicly owned
treatment works.
(2) PROGRAM.—The term ‘program’ means the competitive
grant program established under subsection (b).
(3) QUALIFIED INDIVIDUAL.—The term ‘qualified individual’
has the meaning given the term ‘eligible individual’ in section
603(j).
(b) ESTABLISHMENT.—Subject to the availability of appropria-
tions, the Administrator shall establish a competitive grant program
with the purpose of improving general welfare, under which the Ad-
ministrator awards grants to eligible entities to provide funds to as-
sist qualified individuals in covering the costs incurred by the
qualified individual in connecting the household of the qualified in-
dividual to a publicly owned treatment works.
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(c) APPLICATION.—
(1) IN GENERAL.—An eligible entity seeking a grant under the
program shall submit to the Administrator an application at
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54
such time, in such manner, and containing such information as
the Administrator may by regulation require.
(2) REQUIREMENT.—Not later than 90 days after the date on
which the Administrator receives an application from an eligi-
ble entity under paragraph (1), the Administrator shall notify
the eligible entity of whether the Administrator will award a
grant to the eligible entity under the program.
(d) SELECTION CRITERIA.—In selecting recipients of grants under
the program, the Administrator shall use the following criteria:
(1) Whether the eligible entity seeking a grant provides serv-
ices to, or works directly with, qualified individuals.
(2) Whether the eligible entity seeking a grant—
(A) has an existing program to assist in covering the
costs incurred in connecting a household to a publicly
owned treatment works; or
(B) seeks to create a program described in subparagraph
(A).
(e) REQUIREMENTS.—
(1) VOLUNTARY CONNECTION.—Before providing funds to a
qualified individual for the costs described in subsection (b), an
eligible entity shall ensure that—
(A) the qualified individual has connected to the publicly
owned treatment works voluntarily; and
(B) if the eligible entity is not the owner or operator of
the publicly owned treatment works to which the qualified
individual has connected, the publicly owned treatment
works to which the qualified individual has connected has
agreed to the connection.
(2) REIMBURSEMENTS FROM PUBLICLY OWNED TREATMENT
WORKS.—An eligible entity that is an owner or operator of a
publicly owned treatment works may reimburse a qualified in-
dividual that has already incurred the costs described in sub-
section (b) by—
(A) reducing the amount otherwise owed by the qualified
individual to the owner or operator for wastewater or other
services provided by the owner or operator; or
(B) providing a direct payment to the qualified indi-
vidual.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated to
carry out the program $40,000,000 for each of fiscal years 2022
through 2026.
(2) LIMITATIONS ON USE OF FUNDS.—
(A) SMALL SYSTEMS.—Of the amounts made available for
grants under paragraph (1), to the extent that there are suf-
ficient applications, not less than 15 percent shall be used
to make grants to—
(i) eligible entities described in subsection (a)(1)(A)
that are owners and operators of publicly owned treat-
ment works that serve fewer than 3,300 people; and
(ii) eligible entities described in subsection (a)(1)(B)
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that provide the assistance described in that subsection
in areas that are served by publicly owned treatment
works that serve fewer than 3,300 people.
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55
(B) ADMINISTRATIVE COSTS.—Of the amounts made avail-
able for grants under paragraph (1), not more than 2 per-
cent may be used to pay the administrative costs of the Ad-
ministrator.
* * * * * * *
TITLE VI—STATE WATER POLLUTION CONTROL
REVOLVING FUNDS
SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING
FUNDS.
(a) GENERAL AUTHORITY.— * * *
* * * * * * *
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.— * * *
* * * * * * *
(d) TYPES OF ASSISTANCE.—Except as otherwise limited by State
law and provided in subsection (k), a water pollution control revolv-
ing fund of a State under this section may be used only— * * *
* * * * * * *
(i) ADDITIONAL SUBSIDIZATION.—
(1) IN GENERAL.—In any case in which a State provides as-
sistance to an eligible recipient under subsection (d), the State
may provide additional subsidizationø, including forgiveness of
principal and negative interest loans¿ (including forgiveness of
principal, grants, negative interest loans, other loan forgiveness,
and through buying, refinancing, or restructuring debt)—
* * * * * * *
(3) LIMITATIONS.—
(A) IN GENERAL.—A State may provide additional sub-
sidization in a fiscal year under this subsection only if the
total amount appropriated for making capitalization grants
to all States under this title for the fiscal year exceeds
$1,000,000,000.
ø(B) ADDITIONAL LIMITATION.—
ø(i) GENERAL RULE.—Subject to clause (ii), a State
may use not more than 30 percent of the total amount
received by the State in capitalization grants under
this title for a fiscal year for providing additional sub-
sidization under this subsection.
ø(ii) EXCEPTION.—If, in a fiscal year, the amount ap-
propriated for making capitalization grants to all
States under this title exceeds $1,000,000,000 by a
percentage that is less than 30 percent, clause (i) shall
be applied by substituting that percentage for 30 per-
cent.¿
(B) Total amount of subsidization.—For each fiscal year,
of the amount of the capitalization grant received by the
State under this title, the total amount of additional sub-
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sidization made available by a State under paragraph
(1)—
(i) may not exceed 30 percent; and
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56
(ii) to the extent that there are sufficient applications
for assistance to communities described in that para-
graph, may not be less than 10 percent.
* * * * * * *
(j) DEFINITION OF ELIGIBLE INDIVIDUAL.— * * *
* * * * * * *
(k) Additional Use of Funds.—A State may use an additional 2
percent of the funds annually allotted to each State under this sec-
tion for nonprofit organizations (as defined in section 104(w)) to
provide technical assistance to rural, small, and tribal publicly
owned treatment works (within the meaning of section 104(b)(8)(B))
in the State.
* * * * * * *
øSEC. 607. AUTHORIZATION OF APPROPRIATIONS.
øThere is authorized to be appropriated to carry out the purposes
of this title the following sums:
ø(1) $1,200,000,000 per fiscal year for each of fiscal year
1989 and 1990;
ø(2) $2,400,000,000 for fiscal year 1991;
ø(3) $1,800,000,000 for fiscal year 1992;
ø(4) $1,200,000,000 for fiscal year 1993; and
ø(5) $600,000,000 for fiscal year 1994.¿
SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the purposes
of this title—
(1) $2,400,000,000 for fiscal year 2022;
(2) $2,750,000,000 for fiscal year 2023;
(3) $3,000,000,000 for fiscal year 2024; and
(4) $3,250,000,000 for each of fiscal years 2025 and 2026.
* * * * * * *
SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
(a) REQUIREMENT.—Not later than 2 years after the date of enact-
ment of the Drinking Water and Wastewater Infrastructure Act of
2021, and not less frequently than once every 4 years thereafter, the
Administrator shall—
(1) conduct and complete an assessment of capital improve-
ment needs for all projects that are eligible under section 603(c)
for assistance from State water pollution control revolving
funds; and
(2) submit to Congress a report describing the results of the
assessment completed under paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out the initial needs survey under sub-
section (a) $5,000,000, to remain available until expended.
* * * * * * *
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SAFE DRINKING WATER ACT AMENDMENTS OF 1996
* * * * * * *
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57
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.— * * *
* * * * * * *
SEC. 303. ø33 U.S.C. 1263a¿ GRANTS TO ALASKA TO IMPROVE SANITA-
TION IN RURAL AND NATIVE VILLAGES.
(a) IN GENERAL.— * * *
* * * * * * *
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out øthis section $40,000,000 for each of
fiscal years 2001 through 2005.¿ this section—
(1) $40,000,000 for each of fiscal years 2022 through 2024;
(2) $50,000,000 for fiscal year 2025; and
(3) $60,000,000 for fiscal year 2026.
* * * * * * *
Water Resources Reform and Development Act of 2014
* * * * * * *
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) ø33 U.S.C. 2201 note¿ SHORT TITLE.—This Act may be cited
as the ‘‘Water Resources Reform and Development Act of 2014’’.
* * * * * * *
SEC. 5023. ø33 U.S.C. 3902¿ AUTHORITY TO PROVIDE ASSISTANCE.
(a) IN GENERAL.—The Secretary and the Administrator may pro-
vide financial assistance under this subtitle to carry out projects,
which shall be selected to ensure a diversity of project types and
geographical locations.
(b) RESPONSIBILITY.— * * *
* * * * * * *
(c) Budgetary Treatment.—If the recipient of financial assistance
under this subtitle is an eligible entity other than a Federal entity,
agency, or instrumentality and the dedicated sources of repayment
of that financial assistance are non-Federal revenue sources, the
project or asset for which financial assistance is being provided
shall, for purposes of budgetary treatment under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.)—
(1) be deemed to be non-Federal; and
(2) be treated as a direct loan or loan guarantee.
* * * * * * *
SEC. 5028. ø33 U.S.C. 3907¿ DETERMINATION OF ELIGIBILITY AND
PROJECT SELECTION.
(a) ELIGIBILITY REQUIREMENTS.—To be eligible to receive finan-
cial assistance under this subtitle, a project shall meet the fol-
lowing criteria, as determined by the Secretary or Administrator,
as applicable:
(1) CREDITWORTHINESS.—
(A) IN GENERAL.— * * *
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* * * * * * *
(D) RATING OPINION LETTERS.—
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(i) PRELIMINARY RATING OPINION LETTER.— * * *
* * * * * * *
(ii) FINAL RATING OPINION LETTERS.—The Secretary
or the Administrator, as applicable, shall require each
project applicant to provide, prior to final acceptance
and financing of the project, øfinal rating opinion let-
ters from at least 2 rating agencies¿ a final rating
opinion letter from at least 1 rating agency. indicating
that the senior obligations of the project have an in-
vestment-grade rating.
* * * * * * *
SEC. 5033. ø33 U.S.C. 3912¿ FUNDING.
(a) IN GENERAL.—
(1) FISCAL YEARS 2015 THROUGH 2019.— * * *
* * * * * * *
(3) Fiscal years 2022 through 2026.—There is authorized to
be appropriated to the Administrator to carry out this subtitle
$50,000,000 for each of fiscal years 2022 through 2026, to re-
main available until expended.
(b) ADMINISTRATIVE COSTS.—
(1) FISCAL YEARS 2015 THROUGH 2019.—Of the funds made
available to carry out this subtitle, the Secretary or the Admin-
istrator, as applicable, may use for the administration of this
subtitle, including for the provision of technical assistance to
aid project sponsors in obtaining the necessary approvals for
the project, not more than $2,200,000 for each of fiscal years
2015 through 2019.
(2) FISCAL YEARS ¿2020 and 2021¿ AFTER 2019.—Of the funds
made available to carry out this subtitle, the Administrator
may use for the administration of this subtitle, including for
the provision of technical assistance to aid project sponsors in
obtaining the necessary approvals for the project, not more
than $5,000,000 for each of fiscal years ø2020 and 2021¿ 2022
through 2026.
* * * * * * *
(e) ASSISTANCE FOR STATE INFRASTRUCTURE FINANCING AUTHORI-
TIES.—
(1) IN GENERAL.—With respect to fiscal years ø2020 and
2021¿ 2022 through 2026, if the Administrator has available
for obligation in a fiscal year at least $50,000,000, there is au-
thorized to be appropriated to the Administrator $5,000,000 for
that fiscal year to provide financial assistance for projects de-
scribed in section 5026(9) to State infrastructure financing au-
thorities.
* * * * * * *
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