II 116TH CONGRESS 1ST SESSION S. 2636 To amend the Federal Water Pollution Control Act to establish a program to make grants to eligible entities to increase the resilience of publicly owned treatment works to natural hazards, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 17, 2019 Mr. CARDIN (for himself and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to estab- lish a program to make grants to eligible entities to increase the resilience of publicly owned treatment works to natural hazards, 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 ‘‘Clean Water Infra- 4 structure Resilience and Sustainability Act’’. 5 VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS 2 •S 2636 IS SEC. 2. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 1 SUSTAINABILITY PROGRAM. 2 Title II of the Federal Water Pollution Control Act 3 (33 U.S.C. 1281 et seq.) is amended by adding at the end 4 the following: 5 ‘‘SEC. 222. CLEAN WATER INFRASTRUCTURE RESILIENCY 6 AND SUSTAINABILITY PROGRAM. 7 ‘‘(a) DEFINITIONS.—In this section: 8 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 9 tity’ means— 10 ‘‘(A) a municipality; or 11 ‘‘(B) an intermunicipal, interstate, or State 12 agency. 13 ‘‘(2) NATURAL HAZARD.—The term ‘natural 14 hazard’ means a hazard caused by natural forces, in- 15 cluding extreme weather events, sea-level rise, and 16 extreme drought conditions. 17 ‘‘(3) PROGRAM.—The term ‘program’ means 18 the clean water infrastructure resilience and sustain- 19 ability program established under subsection (b). 20 ‘‘(b) ESTABLISHMENT.—The Administrator shall es- 21 tablish a clean water infrastructure resilience and sustain- 22 ability program under which the Administrator shall 23 award grants to eligible entities for the purpose of increas- 24 ing the resilience of publicly owned treatment works to a 25 natural hazard. 26 VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS 3 •S 2636 IS ‘‘(c) USE OF FUNDS.—An eligible entity that receives 1 a grant under the program shall use the grant funds for 2 planning, designing, or constructing projects (on a system- 3 wide or area-wide basis) that increase the resilience of a 4 publicly owned treatment works to a natural hazard 5 through— 6 ‘‘(1) the conservation of water; 7 ‘‘(2) the enhancement of water use efficiency; 8 ‘‘(3) the enhancement of wastewater and 9 stormwater management by increasing watershed 10 preservation and protection, including through the 11 use of— 12 ‘‘(A) natural and engineered green infra- 13 structure; and 14 ‘‘(B) reclamation and reuse of wastewater 15 and stormwater, such as aquifer recharge zones; 16 ‘‘(4) the modification or relocation of an exist- 17 ing publicly owned treatment works that is at risk 18 of being significantly impaired or damaged by a nat- 19 ural hazard; 20 ‘‘(5) the development and implementation of 21 projects to increase the resilience of publicly owned 22 treatment works to a natural hazard; or 23 ‘‘(6) the enhancement of energy efficiency or 24 the use and generation of recovered or renewable en- 25 VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS 4 •S 2636 IS ergy in the management, treatment, or conveyance 1 of wastewater or stormwater. 2 ‘‘(d) APPLICATION.—To be eligible to receive a grant 3 under the program, an eligible entity shall submit to the 4 Administrator an application at such time, in such man- 5 ner, and containing such information as the Administrator 6 may require, including— 7 ‘‘(1) a proposal of the project to be planned, de- 8 signed, or constructed using funds under the pro- 9 gram; 10 ‘‘(2) an identification of the natural hazard risk 11 to be addressed by the proposed project; 12 ‘‘(3) documentation prepared by a Federal, 13 State, regional, or local government agency of the 14 natural hazard risk of the area where the proposed 15 project is to be located; 16 ‘‘(4) a description of any recent natural hazard 17 events that have affected the publicly owned treat- 18 ment works; 19 ‘‘(5) a description of how the proposed project 20 would improve the performance of the publicly 21 owned treatment works under an anticipated natural 22 hazard; and 23 ‘‘(6) an explanation of how the proposed project 24 is expected to enhance the resilience of the publicly 25 VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS 5 •S 2636 IS owned treatment works to an anticipated natural 1 hazard. 2 ‘‘(e) GRANT AMOUNT AND OTHER FEDERAL RE- 3 QUIREMENTS.— 4 ‘‘(1) COST SHARE.—A grant under the program 5 shall not exceed 75 percent of the total cost of the 6 proposed project. 7 ‘‘(2) REQUIREMENTS.—The requirements of 8 section 608 shall apply to a project funded with a 9 grant under the program. 10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 11 is authorized to be appropriated to carry out this section 12 $5,000,000 for each of fiscal years 2020 through 2024.’’. 13 SEC. 3. DRINKING WATER INFRASTRUCTURE RESILIENCE 14 AND SUSTAINABILITY. 15 Section 1459A of the Safe Drinking Water Act (42 16 U.S.C. 300j–19a) is amended— 17 (1) in subsection (c), in the matter preceding 18 paragraph (1), by inserting ‘‘(except for subsection 19 (l))’’ after ‘‘this section’’; and 20 (2) in subsection (l)— 21 (A) in paragraph (2)— 22 (i) by striking ‘‘The Administrator 23 may’’ and inserting ‘‘The Administrator 24 shall’’; and 25 VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS 6 •S 2636 IS (ii) by striking ‘‘fiscal years 2019 and 1 2020 to eligible entities’’ and inserting 2 ‘‘fiscal years 2020 through 2024 to com- 3 munity water systems’’; 4 (B) in paragraph (3)— 5 (i) in the matter preceding subpara- 6 graph (A), by striking ‘‘An eligible entity’’ 7 and inserting ‘‘A community water sys- 8 tem’’; and 9 (ii) in subparagraph (F), by striking 10 ‘‘eligible entity’’ and inserting ‘‘community 11 water system’’; 12 (C) in paragraph (4), by striking ‘‘eligible 13 entity’’ each place it appears and inserting 14 ‘‘community water system’’; and 15 (D) in paragraph (5), by striking 16 ‘‘$4,000,000 for each of fiscal years 2019 and 17 2020’’ and inserting ‘‘$5,000,000 for each of 18 fiscal years 2020 through 2024’’. 19 Æ VerDate Sep 11 2014 02:10 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2636.IS S2636 kjohnson on DSK79L0C42 with BILLS