To establish a voluntary WaterSense program within the Environmental Protection Agency.

SA 3221. Mr. UDALL (for himself, Mr. Portman, Mrs. Boxer, Mr.
Alexander, Mr. Wyden, and Mr. Brown) submitted an amendment intended to
be proposed by him to the bill S. 2012, to provide for the
modernization of the energy policy of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. WATERSENSE.

(a) In General.--Part B of title III of the Energy Policy
and Conservation Act is amended by adding after section 324A
(42 U.S.C. 6294a) the following:

``SEC. 324B. WATERSENSE.

``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary WaterSense
program to identify and promote water-efficient products,
buildings, landscapes, facilities, processes, and services
that, through voluntary labeling of, or other forms of
communications regarding, products, buildings, landscapes,
facilities, processes, and services while meeting strict
performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations.
``(2) Inclusions.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') shall, consistent with this section,
identify water-efficient products, buildings, landscapes,
facilities, processes, and services, including categories
such as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;

[[Page S511]]

``(F) xeriscaping and other landscape conversions that
reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as
appropriate with the Secretary, shall--
``(1) establish--
``(A) a WaterSense label to be used for items meeting the
certification criteria established in accordance with this
section; and
``(B) the procedure, including the methods and means, and
criteria by which an item may be certified to display the
WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(B) overseeing WaterSense certifications made by third
parties;
``(C) as determined appropriate by the Administrator, using
testing protocols, from the appropriate, applicable, and
relevant consensus standards, for the purpose of determining
standards compliance; and
``(D) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(4) not more often than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested parties and
the public of any changes, including effective dates, and an
explanation of the changes;
``(B) solicit comments from interested parties and the
public prior to any changes;
``(C) as appropriate, respond to comments submitted by
interested parties and the public; and
``(D) provide an appropriate transition time prior to the
applicable effective date of any changes, taking into account
the timing necessary for the manufacture, marketing,
training, and distribution of the specific water-efficient
product, building, landscape, process, or service category
being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the
maximum extent practicable and not less than annually,
regularly estimate and make available to the public the
production and relative market shares and savings of water,
energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled
products, buildings, landscapes, facilities, processes, and
services.
``(d) Distinction of Authorities.--In setting or
maintaining specifications for Energy Star pursuant to
section 324A, and WaterSense under this section, the
Secretary and Administrator shall coordinate to prevent
duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create an
express or implied warranty.''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 324A
the following:

``Sec. 324B. WaterSense.''.
______