What This Bill Does
This bill changes how the federal government distributes water pollution control funding to states, tribes and territories. It requires the Environmental Protection Agency (EPA) to set aside money for buying American products and creates a new formula for distributing remaining funds starting in 2029.
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Who It Affects
- The Environmental Protection Agency (EPA Administrator)
- All 50 states
- The District of Columbia
- Puerto Rico
- American Indian tribes
- U.S. territories (American Samoa, Northern Mariana Islands, U.S. Virgin Islands, Guam)
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Key Provisions
- For fiscal years 2024 through 2028, states receive at least the same amount they got in 2023, plus additional funds based on their population (Sec. 2(a)(2)(B) and (C))
- The EPA must set aside at least 0.1 percent of annual water pollution control funding for Buy American oversight (management and oversight of American product purchasing requirements) in fiscal years 2024 through 2028 (Sec. 2(a)(2)(A))
- The EPA must give 2 percent of funds to Indian tribes and 1.5 percent to U.S. territories each year from 2024 through 2028 (Sec. 2(a)(2)(D) and (E))
- The EPA must create a new funding formula by September 30, 2028 to take effect in fiscal year 2029, based on states' water infrastructure needs (Sec. 2(a)(3)(B)(i) and (C)(i))
- States can use up to 0.5 percent of their water pollution control funding each year to create detailed cost estimates for water treatment infrastructure (Sec. 4)
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What Changes
If this becomes law, states will receive guaranteed minimum funding amounts through 2028 based on what they received in 2023 plus population-based additional funds. Starting in 2029, the EPA will use a needs-based formula instead. Indian tribes and U.S. territories will receive set percentages of funding. The EPA will dedicate funds to overseeing American product purchasing in water pollution control projects.
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Important Definitions
- **Buy American oversight**: Activities the EPA carries out to manage or oversee compliance with American product purchasing requirements
- **Clean watersheds needs survey**: A detailed cost estimate prepared by the EPA for water treatment infrastructure
- **State**: The 50 states, District of Columbia and Puerto Rico
- **United States territory**: American Samoa, Northern Mariana Islands, U.S. Virgin Islands and Guam
- **Publicly owned treatment works**: Equipment that treats wastewater before releasing it
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 115
To amend the Federal Water Pollution Control Act to modify certain
allotments under that Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. RUBIO (for himself, Mr. KELLY, and Mr. SCOTT of Florida) 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 modify
certain allotments under that Act, 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 Allotment
4
Modernization Act of 2023’’.
5
SEC. 2. MODIFICATION TO ALLOTMENTS UNDER THE FED-
6
ERAL WATER POLLUTION CONTROL ACT.
7
(a) IN GENERAL.—Section 205 of the Federal Water
8
Pollution Control Act (33 U.S.C. 1285) is amended by
9
striking the section designation and heading and all that
10
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follows through the end of subsection (a) and inserting
1
the following:
2
‘‘SEC. 205. ALLOTMENTS.
3
‘‘(a) IN GENERAL.—
4
‘‘(1) DEFINITIONS.—In this subsection:
5
‘‘(A) BUY
AMERICAN
OVERSIGHT.—The
6
term ‘Buy American oversight’ means any ac-
7
tivity carried out by the Administrator for the
8
purposes of management or oversight with re-
9
spect to section 608.
10
‘‘(B) CLEAN
WATERSHEDS
NEEDS
SUR-
11
VEY.—The term ‘clean watersheds needs sur-
12
vey’ means the detailed estimate prepared by
13
the Administrator under section 516(b)(1)(B).
14
‘‘(C) STATE.—The term ‘State’ means—
15
‘‘(i) each of the 50 States;
16
‘‘(ii) the District of Columbia; and
17
‘‘(iii) the Commonwealth of Puerto
18
Rico.
19
‘‘(D) UNITED
STATES
TERRITORY.—The
20
term ‘United States territory’ means—
21
‘‘(i) American Samoa;
22
‘‘(ii) the Commonwealth of the North-
23
ern Mariana Islands;
24
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‘‘(iii) the United States Virgin Is-
1
lands; and
2
‘‘(iv) Guam.
3
‘‘(2) FISCAL YEARS 2024 THROUGH 2028.—
4
‘‘(A) BUY
AMERICAN
OVERSIGHT.—For
5
each of fiscal years 2024 through 2028, of the
6
amounts made available to carry out this sec-
7
tion for a fiscal year, the Administrator shall
8
provide an allotment of not less than 0.1 per-
9
cent for Buy American oversight.
10
‘‘(B) INITIAL ALLOTMENTS TO STATES.—
11
For each of fiscal years 2024 through 2028, of
12
the amounts made available to carry out this
13
section for a fiscal year, the Administrator shall
14
provide an allotment to each State in an
15
amount that is not less than the amount re-
16
ceived by the State under this section in fiscal
17
year 2023 under the Consolidated Appropria-
18
tions Act, 2023 (Public Law 117–328).
19
‘‘(C)
ADDITIONAL
ALLOTMENTS
TO
20
STATES.—Notwithstanding any other provision
21
of this section, for each of fiscal years 2024
22
through 2028, of the amounts made available to
23
carry out this section for a fiscal year that re-
24
main available after application of subpara-
25
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•S 115 IS
graph (B), the Administrator shall provide an
1
additional allotment to each State in an amount
2
that is based on the proportion that, as deter-
3
mined using the most recently published annual
4
estimate of the Bureau of the Census—
5
‘‘(i) the population of the State; bears
6
to
7
‘‘(ii) the total population of all States.
8
‘‘(D) ALLOTMENTS TO INDIAN TRIBES.—
9
For each of fiscal years 2024 through 2028, of
10
the amounts made available to carry out this
11
section for a fiscal year, the Administrator shall
12
provide an allotment of 2 percent to Indian
13
tribes.
14
‘‘(E) ALLOTMENTS
TO
UNITED
STATES
15
TERRITORIES.—For each of fiscal years 2024
16
through 2028, of the amounts made available to
17
carry out this section for a fiscal year, the Ad-
18
ministrator shall provide an allotment of 1.5
19
percent to United States territories.
20
‘‘(3) SUBSEQUENT FISCAL YEARS.—
21
‘‘(A) IN GENERAL.—For fiscal year 2029
22
and each fiscal year thereafter, in allotting
23
amounts made available to carry out this sec-
24
tion for a fiscal year, the Administrator shall
25
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use an updated allotment formula consistent
1
with subparagraph (B).
2
‘‘(B) FORMULA.—
3
‘‘(i) DEVELOPMENT.—The Adminis-
4
trator shall, by regulation, develop a for-
5
mula—
6
‘‘(I) for the calculation of allot-
7
ments of amounts made available to
8
carry out this section for a fiscal year
9
to States in accordance with clause
10
(ii); and
11
‘‘(II) that includes allotments of
12
amounts made available to carry out
13
this section for a fiscal year—
14
‘‘(aa) to provide to Indian
15
tribes in accordance with clause
16
(iii);
17
‘‘(bb) to provide to United
18
States territories in accordance
19
with clause (iv); and
20
‘‘(cc) for Buy American
21
oversight
in
accordance
with
22
clause (v).
23
‘‘(ii) ALLOTMENTS FOR STATES.—In
24
developing the formula required under sub-
25
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•S 115 IS
paragraph (A) for the allotments described
1
in clause (i)(I), the Administrator shall—
2
‘‘(I) base the formula on the
3
needs of the States, as identified in
4
the most recently available clean wa-
5
tersheds needs survey; and
6
‘‘(II) ensure that each State re-
7
ceives not less than 1 percent of the
8
amounts made available to carry out
9
this section for a fiscal year.
10
‘‘(iii)
ALLOTMENTS
FOR
INDIAN
11
TRIBES.—In developing the formula re-
12
quired under subparagraph (A) for the al-
13
lotments described in clause (i)(II)(aa), the
14
Administrator shall provide 2 percent of
15
the amounts made available to carry out
16
this section for a fiscal year to Indian
17
tribes.
18
‘‘(iv)
ALLOTMENTS
FOR
UNITED
19
STATES TERRITORIES.—In developing the
20
formula required under subparagraph (A)
21
for the allotments described in clause
22
(i)(II)(bb), the Administrator shall provide
23
1.5 percent of the amounts made available
24
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to carry out this section for a fiscal year
1
to United States territories.
2
‘‘(v) BUY AMERICAN OVERSIGHT.—In
3
developing the formula required under sub-
4
paragraph (A) for the allotments described
5
in clause (i)(II)(cc), the Administrator
6
shall ensure that 0.1 percent of the
7
amounts made available to carry out this
8
section for a fiscal year are used for Buy
9
American oversight.
10
‘‘(C) TIMELINE.—
11
‘‘(i) INITIAL FORMULA.—The Admin-
12
istrator shall develop the initial formula re-
13
quired under subparagraph (A) by not
14
later than September 30, 2028, to ensure
15
that the formula is in effect for fiscal year
16
2029.
17
‘‘(ii) UPDATES REQUIRED.—After de-
18
veloping the formula required under sub-
19
paragraph (A) by the date described in
20
clause (i), the Administrator shall update
21
that formula by not later than the date
22
that is 1 year after the date on which the
23
Administrator submits a new clean water-
24
sheds needs survey to Congress.
25
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‘‘(4) SAVINGS PROVISION.—To the extent prac-
1
ticable, the Administrator shall continue developing
2
the allotment formula under paragraph (2) until the
3
date on which the Administrator submits to Con-
4
gress a new clean watersheds needs survey for pur-
5
poses of the formula required under paragraph
6
(3)(A).’’.
7
(b) NO EFFECT
ON INFRASTRUCTURE FUNDS.—
8
Nothing in this section or an amendment made by this
9
section affects—
10
(1) amounts made available to carry out section
11
205 of the Federal Water Pollution Control Act (33
12
U.S.C. 1285) or title VI of that Act (33 U.S.C.
13
1381 et seq.) under division J of the Infrastructure
14
Investment and Jobs Act (Public Law 117–58; 135
15
Stat. 1350); or
16
(2) any allocations of those amounts.
17
SEC. 3. CLEAN WATERSHEDS NEEDS SURVEY.
18
Section 516(b) of the Federal Water Pollution Con-
19
trol Act (33 U.S.C. 1375(b)) is amended—
20
(1) by striking paragraph (2);
21
(2) in paragraph (1)—
22
(A) in the third sentence, by striking
23
‘‘Whenever the Administrator,’’ and inserting
24
the following:
25
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•S 115 IS
‘‘(3) SUBMISSION
TO
CONGRESS.—Whenever
1
the Administrator,’’; and
2
(B) in the second sentence, by striking
3
‘‘The Administrator shall’’ and inserting the
4
following:
5
‘‘(2) DEADLINE.—The Administrator shall’’;
6
(3) by striking the subsection designation and
7
all that follows through ‘‘The Administrator,’’ in
8
paragraph (1) and inserting the following:
9
‘‘(b) ESTIMATES; STUDIES; ANALYSES.—
10
‘‘(1) IN GENERAL.—The Administrator,’’; and
11
(4) in paragraph (1) (as so amended)—
12
(A) by striking ‘‘; and (D) a comprehen-
13
sive’’ and inserting the following: ‘‘; and
14
‘‘(D) a comprehensive’’;
15
(B) by striking ‘‘(C) a comprehensive’’ and
16
inserting the following:
17
‘‘(C) a comprehensive’’;
18
(C) by striking ‘‘(B) a detailed estimate’’
19
and all that follows through ‘‘in each of the
20
States;’’ and inserting the following:
21
‘‘(B) a detailed estimate, biennially revised,
22
of the cost of construction of all planned pub-
23
licly owned treatment works in each State, and
24
all needed publicly owned treatment works in
25
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•S 115 IS
each State, which shall include a detailed esti-
1
mate of—
2
‘‘(i) the cost of construction for reha-
3
bilitating or upgrading all existing publicly
4
owned treatment works (excluding any pipe
5
or other device or system for the convey-
6
ance of wastewater) every 20 years, includ-
7
ing the cost of implementing measures nec-
8
essary to address the resilience and sus-
9
tainability of publicly owned treatment
10
works to manmade or natural disasters;
11
and
12
‘‘(ii) the cost of construction for re-
13
placing 10 percent of existing publicly
14
owned pipes and other devices and systems
15
for the conveyance of wastewater to pub-
16
licly owned treatment works over the 20-
17
year period following the date of the esti-
18
mate;’’; and
19
(D) by striking ‘‘shall make (A) a detailed
20
estimate’’ and inserting the following: ‘‘shall
21
make—
22
‘‘(A) a detailed estimate’’.
23
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SEC. 4. ADDITIONAL ELIGIBLE USE OF ALLOTTED FUNDS.
1
Section 603 of the Federal Water Pollution Control
2
Act (33 U.S.C. 1383) is amended by adding at the end
3
the following:
4
‘‘(k) ADDITIONAL ELIGIBLE USE
OF ALLOTTED
5
FUNDS.—Notwithstanding any other provision of this sec-
6
tion, each fiscal year, a State may reserve up to 0.5 per-
7
cent of the amounts allotted to the State under this title
8
and section 205(m) for that fiscal year to carry out activi-
9
ties necessary to create the detailed estimate under section
10
516(b)(1)(B).’’.
11
Æ
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