Wastewater Infrastructure Modernization Act

I 117TH CONGRESS 1ST SESSION H. R. 3691 To amend the Federal Water Pollution Control Act to establish a smart wastewater infrastructure technology grant program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2021 Ms. BOURDEAUX (for herself and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to estab- lish a smart wastewater infrastructure technology grant program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Wastewater Infrastruc- 4 ture Modernization Act’’. 5 SEC. 2. PURPOSES. 6 The purposes of this Act are— 7 (1) to upgrade and modernize wastewater (in- 8 cluding stormwater) systems, tackle new contami- 9 VerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3691.IH H3691 lotter on DSK11XQN23PROD with BILLS 2 •HR 3691 IH nants, and support clean water infrastructure across 1 the United States; 2 (2) to support the modernization of publicly 3 owned treatment works to maintain reliable and af- 4 fordable water quality infrastructure that addresses 5 demand impacts, including resiliency to improve 6 public health and natural resources; and 7 (3) to encourage the utilization of water-effi- 8 cient technologies to address the western drought 9 crisis and prepare for the growing strain population 10 growth and climate change will have on already over- 11 allocated water supplies. 12 SEC. 3. SMART WASTEWATER INFRASTRUCTURE TECH- 13 NOLOGY GRANT PROGRAM. 14 Title II of the Federal Water Pollution Control Act 15 (33 U.S.C. 1281 et seq.) is amended by adding at the end 16 the following: 17 ‘‘SEC. 222. SMART WASTEWATER INFRASTRUCTURE TECH- 18 NOLOGY GRANT PROGRAM. 19 ‘‘(a) GRANTS.—The Administrator shall establish a 20 program to provide grants to municipalities for projects 21 for the planning, design, and construction, at publicly 22 owned treatment works, of— 23 VerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3691.IH H3691 lotter on DSK11XQN23PROD with BILLS 3 •HR 3691 IH ‘‘(1) intelligent sewage or stormwater collection 1 systems, including such collection systems that in- 2 corporate technologies that rely on— 3 ‘‘(A) real-time monitoring (including 4 through sensors), embedded intelligence, and 5 predictive maintenance capabilities that improve 6 the energy efficiency, reliability, and resiliency 7 of treatment works; and 8 ‘‘(B) the use of artificial intelligence and 9 other intelligent optimization tools that reduce 10 operational costs, including operational costs re- 11 lating to energy consumption and chemical 12 treatment; or 13 ‘‘(2) innovative and alternative combined storm 14 and sanitary sewer projects, including groundwater 15 recharge, that rely on real-time data acquisition to 16 support predictive aquifer recharge through water 17 reuse and stormwater management capabilities. 18 ‘‘(b) ASSISTANCE.—The Administrator shall use not 19 less than 20 percent of the amounts appropriated pursu- 20 ant to this section in a fiscal year to provide assistance 21 to municipalities with a population of less than 10,000, 22 to the extent there are sufficient eligible applications. 23 ‘‘(c) COST SHARE.— 24 VerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3691.IH H3691 lotter on DSK11XQN23PROD with BILLS 4 •HR 3691 IH ‘‘(1) IN GENERAL.—The non-Federal share of 1 the costs of an activity carried out using a grant 2 under this section shall be 25 percent. 3 ‘‘(2) EXCEPTION.—The Administrator may 4 waive the cost-sharing requirement of paragraph (1) 5 if the Administrator determines that the munici- 6 pality meets the affordability criteria established 7 under section 603(i)(2) by the State in which the 8 municipality is located. 9 ‘‘(d) PROGRAM IMPLEMENTATION.— 10 ‘‘(1) GUIDANCE.—Not later than 30 days after 11 the date of enactment of this section, the Adminis- 12 trator shall issue guidance to municipalities on how 13 to apply for a grant under this section. 14 ‘‘(2) DECISION ON APPLICATIONS.—Not later 15 than 30 days after the date on which the Adminis- 16 trator receives an application for a grant under this 17 section, the Administrator shall determine whether 18 to provide such grant. 19 ‘‘(3) APPLICATION DEFICIENCY.—If the Admin- 20 istrator determines that an application for a grant 21 under this section is incomplete, the Administrator 22 shall notify the applicant and provide the applicant 23 the opportunity to resubmit the application. 24 VerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3691.IH H3691 lotter on DSK11XQN23PROD with BILLS 5 •HR 3691 IH ‘‘(4) CONSIDERATION.—In determining whether 1 to provide a grant under this section, the Adminis- 2 trator shall consider the potential positive effects of 3 the project on water quality. 4 ‘‘(e) COMPLIANCE WITH BUY AMERICA.—The re- 5 quirements of section 608 shall apply to any project for 6 construction for which assistance is received under this 7 section. 8 ‘‘(f) REPORT TO CONGRESS.—Not later than 180 9 days after the date of enactment of this section, and annu- 10 ally thereafter, the Administrator shall submit to Congress 11 a report describing projects funded under this section, any 12 related improvement of the resiliency of publicly owned 13 treatment works, and recommendations to improve the 14 grant program established under this section. 15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 16 is authorized to be appropriated $500,000,000 to carry 17 out this section, to remain available until expended.’’. 18 Æ VerDate Sep 11 2014 17:17 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3691.IH H3691 lotter on DSK11XQN23PROD with BILLS