In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 3481 · Reported to Senate

   SECTION 1. FEDERAL RESPONSIBILITY [inserted: TO PAY ]FOR STORMWATER [struck: POLLUTION][inserted: PROGRAMS].

   Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323) is amended by adding at the end the following:

   Struck: "(c) Federal Responsibility for Stormwater Pollution.--Reasonable service charges described in subsection (a) include reasonable fees or assessments made for the purpose of stormwater management in the same manner and to the same extent as any nongovernmental entity.

   Struck: "(d) No Treatment as Tax or Levy.--A fee or assessment described in this section--

   Struck: "(1) shall not be considered to be a tax or other levy subject to an assertion of sovereign immunity; and

   Struck: "(2) may be paid using appropriated funds.".

   Inserted: "(c) Reasonable Service Charges.--

   Inserted: "(1) In general.--For the purposes of this Act, reasonable service charges described in subsection (a) include any reasonable nondiscriminatory fee, charge, or assessment that is--

   Inserted: "(A) based on some fair approximation of the proportionate contribution of the property or facility to stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and

   Inserted: "(B) used to pay or reimburse the costs associated with any stormwater management program (whether associated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attributable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax.

   Inserted: "(2) Limitation on accounts.--

   Inserted: "(A) Limitation.--The payment or reimbursement of any fee, charge, or assessment described in paragraph (1) shall not be made using funds from any permanent authorization account in the Treasury.

   Inserted: "(B) Reimbursement or payment obligation of federal government.--Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government, as described in subsection (a), shall not be obligated to pay or reimburse any fee, charge, or assessment described in paragraph (1), except to the extent and in an amount provided in advance by any appropriations Act to pay or reimburse the fee, charge, or assessment.".

   Original wording

   Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed