S 2813 IS
107th CONGRESS
2d Session
S. 2813
To improve the financial and environmental sustainability of the
water programs of the United States.
IN THE SENATE OF THE UNITED STATES
July 29, 2002
Mr. SMITH of New Hampshire (for himself, Mr. CRAPO, and Mr. INHOFE)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A BILL
To improve the financial and environmental sustainability of the
water programs of the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Water Quality Investment
Act of 2002'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL WATER POLLUTION CONTROL ACT MODIFICATIONS
Sec. 102. Funding for Indian programs.
Sec. 103. Requirements for receipt of funds.
TITLE II--SAFE DRINKING WATER ACT MODIFICATIONS
Sec. 201. Planning, design, and preconstruction costs; use of State loan
funds for security purposes.
Sec. 202. State loan fund.
Sec. 203. Assistance for disadvantaged communities.
Sec. 204. Private utilities.
Sec. 205. Technical assistance for small systems.
Sec. 206. Authorization of appropriations.
TITLE III--INNOVATIONS IN FUND AND WATER QUALITY MANAGEMENT
Sec. 301. Transfer of funds.
Sec. 302. Demonstration program for water quality enhancement and
management.
Sec. 304. State loan fund review process.
Sec. 305. Effects on policies and rights.
TITLE IV--WATER RESOURCE PLANNING
Sec. 402. Definition of Secretary.
Sec. 404. Report to Congress.
Sec. 405. Authorization of appropriations.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to modernize State water pollution control revolving funds and the
allocation for those funds to ensure that the funds distributed reflect
water quality needs;
(2) to maximize use of Federal funds and encourage maximum efficiency
for States and localities; and
(3) to recognize the national environmental and public health importance
of maintaining the drinking water and waste water infrastructure of the
United States.
TITLE I--FEDERAL WATER POLLUTION CONTROL ACT MODIFICATIONS
SEC. 101. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is
amended by adding at the end the following:
`(24) DISADVANTAGED COMMUNITY- The term `disadvantaged community' means
a community or entity that meets affordability criteria established, after
public review and comment, by the State in which the community or entity is
located.
`(25) SMALL TREATMENT WORKS- The term `small treatment works' means a
treatment works (as defined in section 212) serving a population of 10,000
or less.'.
SEC. 102. FUNDING FOR INDIAN PROGRAMS.
Section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) is
amended by striking subsection (c) and inserting the following:
`(c) RESERVATION OF FUNDS-
`(1) IN GENERAL- For fiscal year 1987 and each fiscal year thereafter,
the Administrator shall reserve, before allocations to the States under
section 604(a), not less than 0.5 percent nor more than 1.5 percent of the
funds made available under section 207.
`(2) USE OF FUNDS- Funds reserved under this subsection shall be
available only for grants for the development of waste treatment management
plans and for the construction of sewage treatment works to serve--
`(B) former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior); and
`(C) Native villages (as defined in section 3 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602)).'.
SEC. 103. REQUIREMENTS FOR RECEIPT OF FUNDS.
(a) GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING FUNDS- Section 601(a)
of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended by
striking `for providing assistance (1)' and all that follows and inserting the
following: `for providing assistance for eligible projects in accordance with
section 603(c).'.
(b) PROJECTS ELIGIBLE FOR ASSISTANCE- Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking subsection (c)
and inserting the following:
`(c) PROJECTS ELIGIBLE FOR ASSISTANCE-
`(1) IN GENERAL- Funds available to each State water pollution control
revolving fund shall be used only for--
`(A) providing financial assistance to a municipality, intermunicipal,
interstate, or State agency, or private utility, for construction
(including costs for planning, design, associated preconstruction) of
treatment works (as defined in section 212);
`(B) implementation of a management program established under section
319;
`(C) development and implementation of a conservation and management
plan under section 320;
`(D) water conservation projects or activities that provide a water
quality benefit;
`(E) reuse, reclamation, or recycling projects that provide a water
quality benefit; or
`(F) improvements to the security of infrastructure systems and
treatment works.
`(2) MAINTENANCE OF FUND-
`(A) IN GENERAL- The fund shall be established, maintained, and
credited with repayments.
`(B) AVAILABILITY- Any balances in the fund shall be available in
perpetuity for providing financial assistance described in paragraph
(1).
`(3) APPROACHES- Projects eligible to receive assistance from a State
water pollution control revolving fund under this title may include projects
that--
`(A) provide a water quality benefit; and
`(B) use 1 or more nontraditional approaches (such as low-impact
development technologies, redevelopment of waterfront brownfields,
watershed management actions, decentralized wastewater treatment
innovations, and other nonpoint best management practices).'.
(c) EXTENSION OF LOANS; TYPES OF ASSISTANCE- Section 603(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)) is amended--
(A) in subparagraph (A), by striking `, at terms not to exceed 20
years';
(B) by striking subparagraph (B) and inserting the following:
`(B)(i) annual principal and interest payments shall commence not
later than 1 year after the date of completion of any project for which
the loan was made; and
`(ii) except as provided in subparagraph (C), each loan shall be fully
amortized not later than 30 years after the date of completion of the
project for which the loan is made;';
(C) by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E), respectively;
(D) by inserting after subparagraph (B) the following:
`(C) in the case of a disadvantaged community, a State may provide an
extended term for a loan if the extended term--
`(i) terminates not later than the date that is 30 years after the
date of completion of the project; and
`(ii) does not exceed the expected design life of the
project.';
(E) in subparagraph (D) (as redesignated by subparagraph (C)), by
inserting `, or, in the case of a privately owned system, demonstrate that
adequate security exists,' after `revenue'; and
(F) in subparagraph (E) (as redesignated by subparagraph (C)), by
inserting `State loan' before `fund';
(2) in paragraph (6), by striking `and' at the end;
(3) by redesignating paragraph (7) as paragraph (8);
(4) by inserting after paragraph (6) the following:
`(7) subject to subsection (e)(2), by a State to provide additional
subsidization (including forgiveness of principal)--
`(A) to 1 or more treatment works for use in developing technical,
managerial, and financial capacity in accordance with subsection (i);
or
`(B) to a disadvantaged community, or to a community or entity that
the State expects to experience significant financial difficulties and
unaffordable rate increases in order to meet the requirements of this Act
(including regulations promulgated under this Act), that receives a loan
from the State under this title; and'; and
(5) in paragraph (8) (as redesignated by paragraph (3)), by striking
`that such amounts shall not exceed 4' and inserting `that, beginning in
fiscal year 2003, those amounts shall not exceed 5'.
(d) LIMITATIONS- Section 603(e) of the Federal Water Pollution Control Act
(33 U.S.C. 1383(e)) is amended--
(1) by striking `(e)' and all that follows through `If a State' and
inserting the following:
`(1) PREVENTION OF DOUBLE BENEFITS- If a State'; and
(2) by adding at the end the following:
`(2) TOTAL AMOUNT OF SUBSIDIES- For each fiscal year, the total amount
of loan subsidies made by a State under subsection (d)(7) may not exceed 30
percent of the amount of all capitalization grants received by the State for
the fiscal year.'.
(e) ADDITIONAL REQUIREMENTS FOR WATER POLLUTION CONTROL REVOLVING FUNDS-
Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is
amended by adding at the end the following:
`(i) TECHNICAL, MANAGERIAL, AND FINANCIAL CAPACITY FOR OPTIMAL
PERFORMANCE-
`(1) DEFINITION OF STATE AGENCY- In this subsection, the term `State
agency' means the agency of a State having jurisdiction over water quality
management (including the establishment of water quality standards).
`(A) IN GENERAL- Not later than 3 years after the date of enactment of
this subsection, each State agency shall implement a strategy to assist
treatment works, as needed in the State receiving assistance under this
title, in--
`(i) attaining and maintaining technical, managerial, operations,
maintenance, and capital investments; and
`(ii) meeting and sustaining compliance with applicable Federal and
State laws.
`(B) REQUIREMENTS- In preparing the strategy described in subparagraph
(A), the State shall consider, solicit public comment on, and include in
the strategy a description of the manner in which the State intends to use
the authorities and resources of the State to assist
treatment works in attaining and maintaining technical, managerial, and
financial capacity.
`(3) CONDITION FOR RECEIPT OF ASSISTANCE-
`(A) IN GENERAL- Except as provided in subparagraph (B) and subsection
(l), beginning on the date that is 3 years after the date of enactment of
this subsection, the State shall require each treatment works that
receives, in the aggregate, more than $500,000 under this title in any
fiscal year to certify to the State that the treatment works has adequate
technical, managerial, and financial capacity, including the establishment
and implementation by the treatment works of an asset management plan
that--
`(i) conforms to generally accepted industry practices;
and
`(I) an inventory of existing assets (including an estimate of the
useful life of those assets); and
`(II) an optimal schedule of operations, maintenance, and capital
investment required to meet and sustain performance objectives for the
treatment works established in accordance with applicable Federal and
State laws over the useful life of the treatment works.
`(B) EXCEPTION- Notwithstanding subparagraph (A), a treatment works
may receive assistance under this title if the State determines that the
assistance would enable the treatment works to attain adequate technical,
managerial, and financial capacity.
`(j) RESTRUCTURING- Notwithstanding section 204(b)(1), except as provided
in subsections (k) and (l), a State may provide assistance from the water
pollution control revolving fund of the State for a project only if the
recipient of the assistance certifies to the State that the recipient has
considered--
`(1) consolidating management functions or ownership with another
facility;
`(2) forming cooperative partnerships; and
`(3) using nonstructural alternatives or technologies that may be more
environmentally sensitive.
`(k) RATE STRUCTURE- As a condition of the receipt of funds for a project
under this title, a recipient shall certify to the State that the recipient
has in effect--
`(1) a plan to achieve, within a reasonable period of time, a rate
structure that, to the maximum extent practicable--
`(A) reflects the actual cost of service provided by the recipient;
and
`(B) addresses capital replacement funds; and
`(2) not later than the date of completion of the project, an asset
management plan described in subsection (i)(3).
`(l) EXEMPTION FOR ASSISTANCE SOLELY FOR PLANNING, DESIGN,
PRECONSTRUCTION, AND SECURITY ACTIVITIES- Subsections (i)(3) and (j) shall not
apply to assistance provided under this title that is to be used by a
treatment works solely for planning, design, preconstruction, or security
activities.
`(m) TECHNICAL ASSISTANCE-
`(1) DEFINITION OF QUALIFIED NONPROFIT TECHNICAL ASSISTANCE PROVIDER- In
this subsection, the term `qualified nonprofit technical assistance
provider' means a nonprofit entity that provides technical assistance (such
as circuit-rider programs, training, preliminary engineering evaluations,
and rural community assistance programs) to treatment works that--
`(A) serve not more than 3,300 users; and
`(B) are located in a rural area.
`(A) IN GENERAL- The Administrator may make grants to a qualified
nonprofit technical assistance provider for use in assisting small
treatment works in planning, developing, and obtaining financing for
eligible projects described in subsection (c).
`(B) DISTRIBUTION OF GRANTS- In carrying out this subsection, the
Administrator shall ensure, to the maximum extent practicable, that
technical assistance provided using funds from a grant under subparagraph
(A) is made available in each State.
`(C) CONSULTATION- As a condition of receiving a grant under this
subsection, a qualified nonprofit technical assistance provider shall
consult with each State in which grant funds are to be expended or
otherwise made available before the grant funds are expended or made
available in the State.
`(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $10,000,000 for each of fiscal
years 2003 through 2007.
`(n) PRIORITY- In making a loan under this section, a State may give
priority to a disadvantaged community.'.
(f) ALLOTMENT OF FUNDS- Section 604(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1384(a)) is amended by striking subsection (a) and
inserting the following:
`(1) DEFINITION OF STATE- In this subsection, the term `State'
means--
`(B) the District of Columbia.
`(2) ALLOCATION- Funds made available to carry out this title for each
of fiscal years 2003 through 2006 shall be allocated by the Administrator in
accordance with a formula that allocates to each State the proportional
share of the State needs identified in the most recent survey conducted
under section 516(2), except that the minimum proportionate share provided
to each State shall be 1 percent of available funds.
`(3) PRIVATE UTILITIES- If a State elects to include the needs of
private utilities in a needs survey used to develop the allocation formula
described
in paragraph (2), the State shall include projects of the private utilities
on the list of projects of the State that are eligible to receive funds under
this title for each year covered by the needs survey.'.
(g) AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED USE PLAN- Section 606
of the Federal Water Pollution Control Act (33 U.S.C. 1386) is amended--
(1) in subsection (c), by striking paragraph (1) and inserting the
following:
`(1) a summary of the priority projects developed under section 603(g)
for which the State intends to provide assistance from the water pollution
control revolving fund of the State for the year covered by the plan;';
and
(A) in the subsection heading, by striking `REPORT' and inserting
`REPORTS';
(B) by striking `Beginning the' and inserting the following:
`(1) IN GENERAL- Beginning in the'; and
(C) by adding at the end the following:
`(2) REPORT ON TECHNICAL, MANAGERIAL, AND FINANCIAL CAPACITY- Not later
than 2 years after the date on which a State first adopts a strategy in
accordance with section 603(j)(2), the State shall submit to the
Administrator a report on the progress made in improving the technical,
managerial, and financial capacity of treatment works in the State
(including the progress of the State in complying with the amendments to
section 603 made by the Water Investment Act of 2002).
`(3) AVAILABILITY- A State that submits a report under this subsection
shall make the report available to the public.'.
(h) AUTHORIZATION OF APPROPRIATIONS- The Federal Water Pollution Control
Act is amended by striking section 607 (33 U.S.C. 1387) and inserting the
following:
`SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There are authorized to be appropriated to carry out this
title--
`(1) $3,200,000,000 for each of fiscal years 2003 and 2004;
`(2) $3,600,000,000 for fiscal year 2005;
`(3) $4,000,000,000 for fiscal year 2006; and
`(4) $6,000,000,000 for fiscal year 2007.
`(b) AVAILABILITY- Amounts made available under this section shall remain
available until expended.
`(c) RESERVATION FOR NEEDS SURVEYS- Of the amount made available under
subsection (a) to carry out this title for a fiscal year, the Administrator
may reserve not more than $500,000 per year to pay the costs of conducting
needs surveys under section 516(2).'.
(i) CONFORMING AMENDMENT- Section 216 of the Federal Water Pollution
Control Act (33 U.S.C. 1296) is amended by striking `Not less than 25 per
centum' and all that follows.
(j) NO NEW CAUSE OF ACTION- Nothing in this section or in any amendment
made by this section establishes any new cause of action, or affects any cause
of action in existence as of the date of enactment of this Act, for the
purposes of judicial review under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
TITLE II--SAFE DRINKING WATER ACT MODIFICATIONS
SEC. 201. PLANNING, DESIGN, AND PRECONSTRUCTION COSTS; USE OF STATE LOAN
FUNDS FOR SECURITY PURPOSES.
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C.
300j-12(a)(2)) is amended--
(1) in the second sentence, by striking `(not' and inserting `(including
planning, design, and associated preconstruction expenditures but not';
and
(2) in the third sentence, by inserting before the period at the end the
following: `, or used by any public water system for the purpose of carrying
out a project or activity to increase the security of the public water
system'.
SEC. 202. STATE LOAN FUND.
(a) IN GENERAL- Section 1452(a)(3)(B)(ii) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(a)(3)(B)(ii)) is amended by inserting `and the formation of
regional partnerships' after `procedures'.
(b) TYPES OF ASSISTANCE- Section 1452(f) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(f)) is amended--
(A) in subparagraph (B)--
(i) by striking `20' and inserting `30'; and
(ii) by striking `project, except' and all that follows and
inserting the following: `project, except that in the case of a
disadvantaged community (as defined in subsection (d)(3)), a State may
provide an extended term for a loan, if the extended term does not
exceed the expected life of the project; and';
(B) in subparagraph (C), by striking `and' at the end; and
(C) by adding at the end the following:
`(E) during the planning and engineering phase of each project for
which the loan funds are received, the recipient of the loan funds
certifies to the State that the recipient of the loan funds has
considered--
`(i) consolidating management functions or ownership with another
facility;
`(ii) forming cooperative partnerships; and
`(iii) using nonstructural alternatives or technologies that may be
more environmentally sensitive; and
`(F) during the planning and engineering phase of each project for
which a recipient receives loan funds in excess of $500,000, the recipient
certifies to the State that the recipient has in effect--
`(i) a plan to achieve, within a reasonable period of time, a rate
structure that, to the maximum extent practicable--
`(I) reflects the actual cost of service provided by the
recipient; and
`(II) addresses capital replacement funds; and
`(ii) an asset management plan (for which the Administrator may
provide information to assist States in determining plan content)
that--
`(I) conforms to generally accepted industry practices;
and
`(aa) an inventory of existing assets (including an estimate of the
useful life of the assets); and
`(bb) an optimal schedule of operations, maintenance, and capital
investment required to meet and sustain performance objectives;';
(2) in paragraph (4), by striking `and' at the end;
(3) in paragraph (5), by striking the period at the end and inserting `;
and'; and
(4) by adding at the end the following:
`(6) to reduce costs incurred by a municipality in issuing
bonds.'.
(c) OTHER AUTHORIZED ACTIVITIES- Section 1452(k)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(k)(1)) is amended by striking subparagraph (D)
and inserting the following:
`(D) Make expenditures for the development of source water protection
programs (including wellhead protection programs under section
1428).'.
(d) NO NEW CAUSE OF ACTION- Nothing in this section or in any amendment
made by this section establishes any new cause of action, or affects any cause
of action in existence as of the date of enactment of this Act, for the
purposes of judicial review under the Safe Drinking Water Act (42 U.S.C. 300f
et seq.).
(e) PLANNING, DESIGN, AND SECURITY ASSISTANCE- Nothing in this section or
in any amendment made by this section applies to assistance provided under
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) that is to be
used solely for any planning, design, or security measure (as defined by a
State in coordination with guidance issued by the Administrator of the
Environmental Protection Agency) carried out with respect to a public water
system under section 1452 of that Act.
SEC. 203. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.
Section 1452(d)(1) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)(1)) is amended by striking `to a community that the State expects
to become a disadvantaged community as the result of a proposed project' and
inserting the following: `a community or entity that the State expects to
experience significant financial difficulties and unaffordable rate increases
in order to meet the requirements of this title (including regulations
promulgated under this title), that receives a loan from the State under this
title'.
SEC. 204. PRIVATE UTILITIES.
Section 1452(h) of the Safe Drinking Water Act (42 U.S.C. 300j-12(h)) is
amended--
(1) by striking `The Administrator' and inserting the following:
`(1) IN GENERAL- The Administrator'; and
(2) by adding at the end the following:
`(2) PRIVATE UTILITIES- If a State elects to include the needs of
private utilities in the needs survey under paragraph (1), the State shall
ensure that the private utilities are eligible to receive funds under this
title.'.
SEC. 205. TECHNICAL ASSISTANCE FOR SMALL SYSTEMS.
(a) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY ASSISTANCE CENTERS- Section
1420(f) of the Safe Drinking Water Act (42 U.S.C. 300g-9(f)) is amended--
(1) in paragraph (2), by inserting `technology verification, pilot and
field testing of innovative technologies, and' after `shall include';
and
(2) by striking paragraph (6) and inserting the following:
`(6) REVIEW AND EVALUATION-
`(A) IN GENERAL- Not less often than every 2 years, the Administrator
shall review and evaluate the program carried out under this
subsection.
`(B) DISQUALIFICATION- If, in carrying out this subsection, the
Administrator determines that a small public water system technology
assistance center is not carrying out the duties of the center, the
Administrator--
`(i) shall notify the center of the determination of the
Administrator; and
`(ii) not later than 180 days after the date of the notification,
may terminate the provision of funds to the center.
`(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $8,000,000 for each of fiscal
years 2003 through 2007, to be distributed to the centers in accordance with
this subsection.'.
(b) ENVIRONMENTAL FINANCE CENTERS- Section 1420(g) of the Safe Drinking
Water Act (42 U.S.C. 300g-9(g)) is amended by striking paragraph (4) and
inserting the following:
`(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this subsection $8,000,000 for each of fiscal
years 2003 through 2007.'.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended
by striking subsection (m) and inserting the following:
`(m) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to carry out
this section--
`(A) $1,500,000,000 for fiscal year 2003;
`(B) $2,000,000,000 for each of fiscal years 2004 and 2005;
`(C) $3,500,000,000 for fiscal year 2006; and
`(D) $6,000,000,000 for fiscal year 2007.
`(2) AVAILABILITY- Amounts made available under this subsection shall
remain available until expended.
`(3) RESERVATION FOR NEEDS SURVEYS- Of the amount made available under
paragraph (1) to carry out this section for a fiscal year, the Administrator
may reserve not more than $500,000 per year to pay the costs of conducting
needs surveys under subsection (h).'.
TITLE III--INNOVATIONS IN FUND AND WATER QUALITY
MANAGEMENT
SEC. 301. TRANSFER OF FUNDS.
(a) WATER POLLUTION CONTROL FUND- Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) (as amended by section 103(e)) is
amended by adding at the end the following:
`(1) IN GENERAL- A Governor of the State may--
`(A) reserve up to 33 percent of a capitalization grant made under
this title and add the funds reserved to any funds provided to the State
under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12);
and
`(B) reserve in any year an amount up to the amount that may be
reserved under subparagraph (A) for that year from capitalization grants
made under section 1452 of that Act (42 U.S.C. 300j-12) and add the
reserved funds to any funds provided to the State under this
title.
`(2) STATE MATCH- Funds reserved under this subsection shall not be
considered to be a State contribution for a capitalization grant required
under this title or section 1452(b) of the Safe Drinking Water Act (42
U.S.C. 300j-12(b)).'.
(b) SAFE DRINKING WATER FUND- Section 1452(g) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(g)) (as amended by section 202(c)) is amended--
(1) in paragraph (2), by striking `4' and inserting `5'; and
(2) by adding at the end the following:
`(A) IN GENERAL- A Governor of the State may--
`(i) reserve up to 33 percent of a capitalization grant made under
this section and add the funds reserved to any funds provided to the
State under section 601 of the Federal Water Pollution Control Act (33
U.S.C. 1381); and
`(ii) reserve in any year an amount up to the amount that may be
reserved under clause (i) for that year from capitalization grants made
under section 601 of that Act (33 U.S.C. 1381) and add the reserved
funds to any funds provided to the State under this section.
`(B) STATE MATCH- Funds reserved under this paragraph shall not be
considered to be a State match of a capitalization grant required under
this section or section 602(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1382(b)).'.
SEC. 302. DEMONSTRATION PROGRAM FOR WATER QUALITY ENHANCEMENT AND
MANAGEMENT.
(1) IN GENERAL- As soon as practicable after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency (referred
to in this section as the `Administrator') shall establish a nationwide
demonstration grant program to--
(A) promote innovations in technology and alternative approaches to
water quality management or water supply (including water quality
trading); and
(B) reduce costs to municipalities incurred in complying
with--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(2) SCOPE- The demonstration program shall consist of 10 projects per
year, to be carried out in municipalities selected by the Administrator
under subsection (b).
(b) SELECTION OF MUNICIPALITIES-
(1) APPLICATION- A municipality that seeks to be selected to participate
in the demonstration program shall submit to the Administrator a plan
that--
(A) is developed in coordination with--
(i) the agency of the State having jurisdiction over water quality
or water supply matters; and
(ii) interested stakeholders;
(B) describes water impacts specific to urban and rural
areas;
(C) includes a strategy under which the municipality, through
participation in the demonstration program, could effectively--
(i) address those problems; and
(ii) achieve the same water quality goals as those goals
that--
(I) could be achieved using more traditional methods;
or
(II) are mandated under--
(aa) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(bb) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(D) includes a schedule for achieving the goals of the
municipality.
(2) TYPES OF PROJECTS- In carrying out the demonstration program, the
Administrator may provide grants to municipalities to be used to carry out
projects relating to such matters as--
(A) excessive nutrient growth;
(B) urban or rural pressure;
(C) a lack of an alternative water supply;
(D) difficulties in water conservation and efficiency;
(E) a lack of support tools and technologies to rehabilitate and
replace water supplies;
(F) a lack of monitoring and data analysis for distribution
systems;
(G) nonpoint source water pollution;
(H) sanitary sewer overflows;
(I) combined sewer overflows;
(J) problems with naturally-occurring constituents of concern;
or
(K) problems with erosion and excess sediment.
(3) RESPONSIBILITIES OF ADMINISTRATOR- In providing grants to
municipalities under this subsection, the Administrator shall--
(A) ensure, to the maximum extent practicable--
(i) the inclusion in the demonstration program of a variety of
projects with respect to--
(I) geographic distribution;
(II) innovative technologies used for the projects;
and
(III) nontraditional approaches (including low-impact development
technologies) used for the projects; and
(ii) that each category of project described in paragraph (2) is
adequately represented;
(B) give higher priority to projects that--
(i) address multiple problems; and
(ii) are regionally applicable;
(C) ensure, to the maximum extent practicable, that at least 1 small
community having a population of 10,000 or less receives a grant each
year; and
(D) ensure that, for each fiscal year, no municipality receives more
than 25 percent of the total amount of funds made available for the fiscal
year to provide grants under this section.
(A) IN GENERAL- Except as provided in subparagraph (B), the
non-Federal share of the cost of a project carried out under this section
shall be at least 20 percent.
(B) WAIVER- The Administrator may reduce or eliminate the non-Federal
share of the cost of a project for reasons of affordability.
(1) REPORTS FROM GRANT RECIPIENTS- A recipient of a grant under this
section shall submit to the Administrator, on the date of completion of a
project using funds from the grant, and on the date that is 3 years after
that date, a report that describes the effectiveness of the project.
(2) REPORTS TO CONGRESS- Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the Administrator shall
compile, and submit to the Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and Infrastructure and the
Committee on Energy and Commerce of the House of Representatives, a report
that describes the status and results of the demonstration program.
(d) INCORPORATION OF RESULTS AND INFORMATION- To the maximum extent
practicable, the Administrator shall incorporate the results of, and
information obtained from, successful projects under this section into
programs administered by the Administrator.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal years
2003 through 2007.
SEC. 303. RATE STUDY.
(a) IN GENERAL- Not later than 2 years after the date of enactment of this
Act, the National Academy of Sciences shall complete a study of the public
water system and treatment works rate structures for communities in the United
States selected by the Academy in accordance with subsection (c).
(1) RATES- The study shall, at a minimum--
(A) determine whether public water system and treatment works rates
for communities included in the study adequately address the cost of
service, including funds necessary to replace infrastructure;
(B) identify the manner in which the public water system and treatment
works rates were determined;
(C) determine the manner in which cost of service is
measured;
(D)(i) survey existing practices for establishing public water system
and treatment works rates; and
(ii) identify any commonalities in factors and processes used to
evaluate rate systems and make related decisions;
(E) describe best industry practices for public water systems and
treatment works for use in establishing a rate structure that--
(i) adequately addresses the true cost of service; and
(ii) takes into consideration the needs of disadvantaged individuals
and communities; and
(F) assess how communities use incentive-based fees--
(i) to reduce the quantity of water used by ratepayers;
or
(ii) to reduce the quantity of pollutants or contaminants in sewage
or stormwater generated by ratepayers.
(2) AFFORDABILITY- The study shall, at a minimum--
(A) identify existing standards for affordability;
(B) determine the manner in which those standards are determined and
defined;
(C) determine the manner in which affordability varies with respect to
communities of different sizes and in different regions; and
(D) determine the extent to which affordability affects the decision
of a community to increase public water system and treatment works rates
(including the decision relating to the percentage by which those rates
should be increased).
(3) DISADVANTAGED COMMUNITIES- The study shall, at a minimum--
(A) survey a cross-section of States representing different sizes,
demographics, and geographical regions;
(B) describe, for each State described in subparagraph (A), the
definition of `disadvantaged community' used in the State in carrying out
projects and activities under the Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
(C) review other means of identifying the meaning of the term
`disadvantaged', as that term applies to communities;
(D) determine which factors and characteristics are required for a
community to be considered `disadvantaged'; and
(E) evaluate the degree to which factors such as a reduction in the
tax base over a period of time, a reduction in population, the loss of an
industrial base, and the existence of areas of concentrated poverty are
taken into account in determining whether a community is a disadvantaged
community.
(c) SELECTION OF COMMUNITIES- The National Academy of Sciences shall
select communities, the public water system and treatment works rate
structures of which are to be studied under this section, that include a cross
section of communities representing various populations, income levels,
demographics, and geographical regions.
(d) REPORT TO CONGRESS- On completion of the study under this section, the
National Academy of Sciences shall submit to Congress a report that describes
the results of the study.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal years
2003 and 2004.
SEC. 304. STATE LOAN FUND REVIEW PROCESS.
As soon as practicable after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall--
(1) consult with States, treatment works, and public water systems to
identify ways to streamline and improve the application and review process
for the provision of assistance from--
(A) the State water pollution revolving fund under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and
(B) the State drinking water revolving fund under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12); and
(2) submit to Congress a report that, based on the information
identified under paragraph (1), contains recommendations for streamlining
and improving the application and review process described in that
paragraph.
SEC. 305. EFFECTS ON POLICIES AND RIGHTS.
(a) IN GENERAL- Nothing in this Act--
(1) impairs or otherwise affects in any way, any right or jurisdiction
of any State with respect to the water (including boundary water) of the
State;
(2) supersedes, abrogates, or otherwise impairs the authority of any
State to allocate quantities of water within areas under the jurisdiction of
the State; or
(3) supersedes or abrogates any right to any quantity or use of water
that has been established by any State.
(b) STATE WATER RIGHTS- Notwithstanding any other provision of law, with
respect to the implementation of this Act and amendments made by this Act--
(1) the management of and control over water in a State shall be subject
to and in accordance with the laws of the State in which the water is
located;
(2) Congress delegates to each State the authority to regulate water of
the State, including the authority to regulate water in interstate commerce
(including regulation of usufructuary rights, trade, and transportation);
and
(3) the United States, and any agency or officer on behalf of the United
States, may exercise management and control over water in a State only in
compliance with the laws of the State in which the water is located.
TITLE IV--WATER RESOURCE PLANNING
SEC. 401. FINDINGS.
(1) there is ever-growing demand and competition for water from many
segments of society, including municipal users, agriculture, and critical
ecosystems;
(2) population growth in the United States will continue to place
increasing pressure on the water supply of the United States;
(3) because sources of water do not follow political boundaries--
(A) the availability of water is increasingly becoming a regional
issue; and
(B) it is more difficult to take action--
(i) to monitor the state of water resources;
(ii) to prepare for water shortages or surpluses;
(iii) to prevent the occurrence of water shortages or surpluses;
or
(iv) to respond to emergency situations;
(4)(A) water shortages or surpluses can--
(i) impact public health;
(ii) limit economic and agricultural development; and
(iii) damage ecosystems; and
(B) the United States often suffers serious economic and environmental
losses from water shortages or surpluses;
(5) there is no national policy to ensure an integrated and coordinated
Federal strategy to monitor the state of the water resources of the United
States;
(6) periodic assessments of the water resources of the United States are
necessary; and
(7)(A) Congress has recognized and deferred to the States the authority
to allocate and administer water within the borders of the States;
(B) the courts have confirmed that this is an appropriate role for the
States; and
(C) Congress should continue to defer to States on laws and regulations
governing the appropriation, distribution, and control or use of
water.
SEC. 402. DEFINITION OF SECRETARY.
In this title, the term `Secretary' means the Secretary of the Interior,
acting through the Director of the United States Geological Survey.
SEC. 403. ACTIONS.
(1) IN GENERAL- Not later than 2 years after the date of enactment of
this Act and periodically thereafter, the Secretary shall conduct an
assessment of the state of water resources in the United States.
(2) COMPONENTS- An assessment under paragraph (1) shall, at a minimum,
determine the status and trends of--
(A) fresh water in waterways and reservoirs;
(ii) fresh water stored in aquifers; and
(C) withdrawals of fresh water from waterways and aquifers.
(3) REPORT- On completion of each assessment under paragraph (1), the
Secretary shall submit to Congress a report that describes the results of
the assessment.
(b) WATER RESOURCE RESEARCH PRIORITIES-
(1) IN GENERAL- The Secretary shall coordinate a process among Federal
agencies (including the Environmental Protection Agency) to develop and
publish, not later than 1 year after the date of enactment of this Act, a
list of water resource research priorities that focuses on--
(B) improving the quality of the information available to State,
tribal, and local water resource managers.
(2) USE OF LIST- The list published under paragraph (1) shall be used by
Federal agencies as a guide in making decisions on the allocation of water
research funding.
(c) INFORMATION DELIVERY SYSTEM-
(1) IN GENERAL- The Secretary shall coordinate a process to develop an
effective information delivery system to communicate information described
in paragraph (2) to--
(A) decisionmakers at the Federal, regional, State, tribal, and local
levels;
(B) the private sector; and
(2) TYPES OF INFORMATION- The information referred to in paragraph (1)
may include--
(A) the results of the national water resource assessment;
(B) a summary of the Federal water research priorities developed under
subsection (b);
(C) near real-time data and other information on water shortages and
surpluses;
(D) planning models for water shortages or surpluses (at various
levels, such as State, river basin, and watershed levels);
(E) streamlined procedures for States and localities to interact with
and obtain assistance from Federal agencies that perform water resource
functions; and
(F) other materials, as determined by the Secretary.
SEC. 404. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and every
2 years thereafter through fiscal year 2007, the Secretary shall submit to
Congress a report on the implementation of this title.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out this
title $3,000,000 for each of fiscal years 2003 through 2007, to remain
available until expended.
END