What This Bill Does
This bill changes the rules for which projects can get money from state water pollution control revolving funds (also called SRF, a fund that gives loans and grants for water infrastructure). The bill allows more types of organizations and projects to receive financial help, including qualified nonprofit organizations and privately owned treatment works (facilities that clean wastewater).
Who It Affects
Qualified nonprofit entities (groups without owners trying to make money that meet standards set by the Administrator). Owners and operators of privately owned treatment works (businesses that run wastewater treatment facilities). State agencies that manage water pollution control revolving funds. People and entities served by these treatment facilities.
Key Provisions
Qualified nonprofit entities can now receive financial assistance to build, buy or improve treatment works (wastewater cleaning facilities) or do other water pollution control activities. (Sec. 2(1)(C)) States cannot provide extra financial help to qualified nonprofit entities or private treatment work owners for certain types of assistance. (Sec. 2(2)) When a state receives more than a specific funding threshold in any year, the extra money can be used to help privately owned treatment works with improvements, construction, water conservation, energy reduction or security measures. (Sec. 2(3)) Financial help for privately owned treatment works can only be given for activities that benefit the customers or people served by the facility, not the owners or shareholders of the business. (Sec. 2(3))
What Changes
If this bill becomes law, qualified nonprofit entities become eligible to receive money from state water pollution control revolving funds for certain water infrastructure projects. Privately owned treatment works become eligible to receive funding for improvements and other activities when funding exceeds a certain amount, but only for projects that benefit their customers, not their owners.
Important Definitions
Qualified nonprofit entity: Not defined in bill text. Treatment works: Not explicitly defined in bill text. Privately owned treatment works: Not explicitly defined in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 250
To amend the Federal Water Pollution Control Act to make certain projects
and activities eligible for financial assistance under a State water pollu-
tion control revolving fund, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2023
Mr. GARAMENDI (for himself and Mr. BOST) 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 make
certain projects and activities eligible for financial assist-
ance under a State water pollution control revolving
fund, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Clean Water SRF Par-
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ity Act’’.
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•HR 250 IH
SEC. 2. PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSIST-
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ANCE.
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Section 603 of the Federal Water Pollution Control
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Act (33 U.S.C. 1383) is amended—
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(1) in subsection (c)—
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(A) in paragraph (11)(B) by striking
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‘‘and’’ at the end;
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(B) in paragraph (12)(B) by striking the
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period at the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
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‘‘(13) to any qualified nonprofit entity, as de-
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termined by the Administrator, to provide assistance
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for the construction or acquisition of, or improve-
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ments to, a treatment works, or for any other activ-
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ity described in paragraphs (1) through (10).’’;
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(2) in subsection (i)(3), by adding at the end
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the following:
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‘‘(E) CERTAIN ACTIVITIES INELIGIBLE.—A
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State may not provide additional subsidization
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under this subsection to a qualified nonprofit
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entity for assistance described in subsection
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(c)(13) or to the owner or operator of a pri-
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vately owned treatment works for assistance de-
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scribed in subsection (k).’’; and
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(3) by adding at the end the following:
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•HR 250 IH
‘‘(k) SPECIAL RULE FOR PRIVATELY OWNED TREAT-
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MENT WORKS.—
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‘‘(1) IN GENERAL.—In any fiscal year for which
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the total amount appropriated to carry out this title
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exceeds $1,638,826,000, any such amounts appro-
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priated in excess of $1,638,826,000 for such fiscal
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year may be used to provide financial assistance
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under this section to the owner or operator of a pri-
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vately owned treatment works for—
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‘‘(A) improvements to such privately owned
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treatment works;
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‘‘(B) the construction of, or improvements
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to, another privately owned treatment works;
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‘‘(C) measures to reduce the demand for
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privately owned treatment works capacity
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through water conservation, efficiency, or reuse;
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‘‘(D) measures to reduce the energy con-
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sumption needs for privately owned treatment
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works;
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‘‘(E) measures to increase the security of
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privately owned treatment works; and
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‘‘(F) any other activity described in para-
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graphs (1) through (10) of subsection (c).
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‘‘(2) LIMITATION.—Financial assistance may
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only be provided under this subsection to the owner
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•HR 250 IH
or operator of a privately owned treatment works for
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activities described in paragraph (1) that primarily
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and directly benefit the individuals or entities served
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by the privately owned treatment works, and not the
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shareholders or owners of the treatment works, as
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determined by the instrumentality of the State re-
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sponsible for administering the water pollution con-
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trol revolving fund through which such financial as-
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sistance is provided.’’.
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Æ
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