Water for Tomorrow Act of 2020

II 116TH CONGRESS 2D SESSION S. 4188 To provide for drought preparedness and improved water supply reliability, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 2, 2020 Ms. HARRIS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for drought preparedness and improved water supply reliability, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Water for Tomorrow Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—INVESTMENTS IN WATER INFRASTRUCTURE AND SUSTAINABILITY Sec. 101. Findings. VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4188 IS Sec. 102. Reclamation infrastructure finance and innovation program. Sec. 103. Assistance for disadvantaged communities without adequate drinking water. Sec. 104. Competitive grant program for the funding of water recycling and reuse projects. Sec. 105. Increased funding for water management improvement. Sec. 106. Rural water supply program reauthorization. TITLE II—ECOSYSTEM PROTECTION AND RESTORATION Sec. 201. Competitive grant program for the funding of watershed health projects. Sec. 202. Cooperative Watershed Management Program. Sec. 203. Support for refuge water deliveries. Sec. 204. Drought planning and preparedness for critically important fisheries. Sec. 205. Aquatic ecosystem restoration. TITLE III—IMPROVED TECHNOLOGY AND DATA Sec. 301. Determination of water supply allocations. Sec. 302. Study examining climate vulnerabilities at Federal dams. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) RECLAMATION STATE.—The term ‘‘Rec- 3 lamation State’’ has the meaning given the term in 4 section 4014 of the Water Infrastructure Improve- 5 ments for the Nation Act (43 U.S.C. 390b note; 6 Public Law 114–322). 7 (2) RELEVANT COMMITTEES OF CONGRESS.— 8 The term ‘‘relevant committees of Congress’’ 9 means— 10 (A) the Committee on Natural Resources 11 of the House of Representatives; and 12 (B) the Committee on Energy and Natural 13 Resources of the Senate. 14 (3) SECRETARY.—The term ‘‘Secretary’’ means 15 the Secretary of the Interior. 16 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4188 IS TITLE I—INVESTMENTS IN 1 WATER INFRASTRUCTURE 2 AND SUSTAINABILITY 3 SEC. 101. FINDINGS. 4 Congress finds that— 5 (1)(A) everyone has the right to clean and safe 6 drinking water and appropriate sanitation services; 7 and 8 (B) the Federal Government has the responsi- 9 bility to ensure that the rights described in subpara- 10 graph (A) are realized; 11 (2) water is an essential resource for farms, cit- 12 ies, and the environment; 13 (3) in order to responsibly and sustainably 14 manage water, all different types of water, including 15 water that is stored, drinking water, flood waters, 16 wastewater, recycled water, and other types, should 17 be taken into account; 18 (4) climate change will increase the vulner- 19 ability of water supplies for communities and the en- 20 vironment by— 21 (A) increasing the frequency and mag- 22 nitude of droughts and extreme precipitation 23 events; 24 (B) increasing air temperatures; and 25 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4188 IS (C) changing the patterns and volume of 1 precipitation; 2 (5) the water infrastructure of the United 3 States needs additional investment given the age of 4 the infrastructure and emerging issues, such as cli- 5 mate change; 6 (6) a diverse portfolio of water management, 7 storage, recycling, and reuse techniques can help to 8 sustainably and responsibly manage water in the 9 United States; 10 (7) reducing water diversions from rivers and 11 lakes is important to sustain— 12 (A) native fish and wildlife; and 13 (B) the communities and Native American 14 Tribes that depend on a healthy environment; 15 (8) a sustainable water supply relies on— 16 (A) environmentally sound water storage 17 projects; 18 (B) protection of clean water programs; 19 (C) financing for new technologies; 20 (D) developments and funding for water 21 recycling and reuse projects; 22 (E) improvements to wastewater systems 23 and flood management; 24 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4188 IS (F) increased conservation programs and 1 water efficiency; and 2 (G) instream flows of adequate quality and 3 quantity that protect native fish and wildlife 4 and the environment; 5 (9) the entire Western United States is facing 6 projections of prolonged droughts that will leave 7 Western States facing major water shortages and 8 catastrophic wildfires; 9 (10) recent periods of severe drought in the 10 Western States have occurred with higher tempera- 11 tures and reduced snowpack; 12 (11) the Colorado River has been under 13 drought conditions since 2000; 14 (12) the chances of a climate change-induced 15 ‘‘megadrought’’ striking the Southwest and central 16 Great Plains are on the rise; and 17 (13) robust Federal investment and support is 18 needed to assist the Western States in developing fu- 19 ture drought resiliency in the face of climate change, 20 which will continue to exacerbate existing water sup- 21 ply challenges in an already arid region of the 22 United States. 23 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4188 IS SEC. 102. RECLAMATION INFRASTRUCTURE FINANCE AND 1 INNOVATION PROGRAM. 2 (a) ESTABLISHMENT.—The Secretary shall establish 3 and carry out a program under which the Secretary shall 4 provide to eligible entities described in subsection (c) fi- 5 nancial assistance in accordance with this section to carry 6 out eligible projects described in subsection (b). 7 (b) ELIGIBLE PROJECTS AND ELIGIBLE PROJECT 8 COSTS.— 9 (1) IN GENERAL.—A project eligible to receive 10 assistance under the program under this section is 11 a water supply project described in paragraph (2) 12 that, as determined by the Secretary— 13 (A) is located in— 14 (i) the State of Alaska; 15 (ii) the State of Hawaii; or 16 (iii) a Reclamation State; 17 (B) would contribute directly or indirectly 18 (including through groundwater recharge) to a 19 safe, adequate water supply for domestic, agri- 20 cultural, environmental, municipal, or industrial 21 use; 22 (C) complies with all applicable State and 23 Federal laws; 24 (D) would provide net ecosystem benefits 25 in excess of required environmental mitigation 26 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4188 IS measures or compliance obligations pursuant to 1 State and Federal law, as described in para- 2 graph (6); 3 (E) uses natural infrastructure and na- 4 ture-based solutions where practicable; 5 (F) is economically feasible; and 6 (G) is otherwise eligible for assistance 7 under this section. 8 (2) WATER SUPPLY PROJECTS.—A water sup- 9 ply project referred to in paragraph (1) is— 10 (A) a project for the reclamation and reuse 11 of municipal, industrial, domestic, and agricul- 12 tural wastewater, and naturally impaired 13 ground water, which the Secretary, acting 14 through the Commissioner of Reclamation, is 15 authorized to undertake; 16 (B) any water infrastructure project not 17 specifically authorized by law that— 18 (i) the Secretary determines, through 19 the completion of an appraisal investiga- 20 tion and feasibility study, would contribute 21 to a safe, adequate water supply for do- 22 mestic, agricultural, environmental, munic- 23 ipal, or industrial use; and 24 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4188 IS (ii) is otherwise eligible for assistance 1 under this section; 2 (C) a new water infrastructure facility 3 project, including a water conduit, pipeline, 4 canal, pumping, power, and any associated fa- 5 cility; 6 (D) a project for enhanced energy effi- 7 ciency in the operation of a water system; 8 (E) a project for accelerated repair and re- 9 placement of all or a portion of an aging water 10 distribution or conveyance facility; 11 (F) a brackish desalination project; 12 (G) a project for the acquisition of real 13 property or an interest in real property for 14 water storage, reclaimed or recycled water, or 15 wastewater, if the acquisition is integral to a 16 project described in subparagraphs (A) through 17 (F); 18 (H) a project to deliver water to wildlife 19 refuges; 20 (I) a stormwater capture project; or 21 (J) a combination of projects, each of 22 which is eligible under subparagraphs (A) 23 through (I), for which an eligible entity submits 24 a single application. 25 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4188 IS (3) ELIGIBLE PROJECT COSTS.—An eligible 1 project cost that is eligible for assistance under this 2 section— 3 (A) shall be limited to a nonreimbursable 4 cost for elements of a project that would 5 achieve public benefits under the reclamation 6 laws; and 7 (B) includes the cost of— 8 (i) development-phase activities, in- 9 cluding planning, feasibility analysis, rev- 10 enue forecasting, environmental review, 11 permitting, transaction costs, preliminary 12 engineering and design work, and other 13 preconstruction activities; 14 (ii) construction, reconstruction, reha- 15 bilitation, and replacement activities; 16 (iii) the acquisition of real property 17 (including water rights, land relating to 18 the eligible project, and improvements to 19 land), environmental mitigation, construc- 20 tion contingencies, and acquisition of 21 equipment; 22 (iv) capitalized interest necessary to 23 meet market requirements, reasonably re- 24 quired reserve funds, capital issuance ex- 25 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 4188 IS penses, and other carrying costs during 1 construction; 2 (v) refinancing interim construction 3 funding, long-term project obligations, or a 4 secured loan, loan guarantee, or other 5 credit enhancement made under this sec- 6 tion; 7 (vi) refinancing long-term project obli- 8 gations or Federal credit instruments, if 9 that refinancing provides additional fund- 10 ing capacity for the completion, enhance- 11 ment, or expansion of any eligible project 12 selected for assistance under this section; 13 (vii) reimbursement or success pay- 14 ments to any public or private entity that 15 achieves predetermined outcomes on a pay- 16 for-performance or pay-for-success basis; 17 and 18 (viii) grants, loans, or credit enhance- 19 ment for community development financial 20 institutions, green banks, and other finan- 21 cial intermediaries providing ongoing fi- 22 nance for eligible projects that meet the 23 purposes of this section. 24 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 4188 IS (4) SMALL COMMUNITY PROJECTS.—For 1 projects eligible for assistance under this section and 2 section 5028(a)(2)(B) of the Water Resources Re- 3 form and Development Act of 2014 (33 U.S.C. 4 3907(a)(2)(B)), the Secretary may assist applicants 5 in combining 1 or more projects into a single appli- 6 cation in order to meet the minimum project cost of 7 $5,000,000 required under that section. 8 (5) COST-SHARING REQUIREMENT; CERTAIN 9 USES.— 10 (A) COST SHARING.—The Federal share of 11 the eligible costs of a water supply project 12 under this section shall be not more than 25 13 percent. 14 (B) CERTAIN USES.—A water supply 15 project that receives assistance under this sec- 16 tion may use not more than 5 percent of 17 amounts made available under this section to 18 carry out activities to demonstrate progress to- 19 ward the goals of the water supply project. 20 (6) DETERMINATION OF NET ECOSYSTEM BEN- 21 EFITS.— 22 (A) DRAFT REPORT.— 23 (i) IN GENERAL.—Using the best 24 available scientific information and data, 25 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 4188 IS the Director of the United States Fish and 1 Wildlife Service shall prepare a draft re- 2 port that evaluates the ecosystem impacts 3 and benefits of each proposed water supply 4 project being considered for financial as- 5 sistance under this section. 6 (ii) COORDINATION.—A draft report 7 required under clause (i) shall be prepared 8 in coordination with the head of the State 9 agency with jurisdiction over the fish and 10 wildlife resources of the State in which the 11 water supply project is proposed to be car- 12 ried out. 13 (iii) APPLICABLE LAW; REQUIRE- 14 MENTS.—A draft report prepared under 15 clause (i) shall— 16 (I) meet the requirements of sec- 17 tion 2(b) of the Fish and Wildlife Co- 18 ordination Act (16 U.S.C. 662(b)); 19 (II) quantify and estimate the 20 ecosystem benefits and adverse im- 21 pacts to native fish and wildlife from 22 the proposed water supply project; 23 and 24 VerDate Sep 11 2014 21:06 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4188.IS S4188 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 4188 IS (III) evaluate whether the eco- 1 system benefits of the proposed water 2 supply project are likely to exceed the 3 ecosystem impacts of the proposed 4 water supply project. 5 (iv) REVIEW; AVAILABILITY.—The Di- 6 rector of the United States Fish and Wild- 7 life Service shall ensure that a draft report 8 prepared under clause (i) is— 9 (I) reviewed by independent sci- 10 entists; and 11 (II) made available for a public 12 review and comment period of not less 13 than 30 days. 14 (B) FINAL REPORT.— 15 (i) IN GENERAL.—The Director of the 16 United States Fish and Wildlife Service 17 s [Text truncated for display. Full text available on Congress.gov.]