I
111th CONGRESS
1st Session
H. R. 3202
IN THE HOUSE OF REPRESENTATIVES
July 14, 2009
Mr. Blumenauer (for himself, Mr. LaTourette, Mr. Simpson, Mr. Dicks, and Mr. Petri) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, Ways and Means, and Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish a Water Protection and Reinvestment Fund to support investments in clean water and drinking water infrastructure, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Water Protection and
Reinvestment Act of 2009
.
Table of contents
Sec. 1. Short title; table of contents.
Title I—Revenue
Sec. 101. Establishment and funding of Water Protection and Reinvestment Trust Fund.
Sec. 102. Allocation of funds.
Title II—State Water Pollution Control Revolving Funds
Sec. 201. Amendment of
Federal Water Pollution Control Act.Sec. 202. Technical assistance.
Sec. 203. General authority for capitalization grants.
Sec. 204. Capitalization grant agreements.
Sec. 205. Water pollution control revolving loan funds.
Sec. 206. High priority project grants and principal forgiveness.
Title III—Safe Drinking Water Act Funding
Sec. 301. Use of State revolving loan funds.
Sec. 302. Priority system requirements.
Sec. 303. Affordability.
Sec. 304. Needs survey.
Sec. 305. Negotiation of contracts.
Sec. 306. Drinking water technical assistance for communities.
Title IV—Additional Grant Programs
Sec. 401. Definitions.
Sec. 402. Treatment works and community water system security grants.
Sec. 403. Climate Change Mitigation and Adaptation Grants.
Sec. 404. Workforce Development Grants.
Sec. 405. Sewer overflow control grants.
Sec. 406. Research, Development, and Technology Demonstration Program.
Sec. 407. Regional water research centers.
Sec. 408. Cost of service study.
Sec. 409. Drug take-back grants.
Sec. 410. State revolving fund review process.
Revenue
Establishment and funding of Water Protection and Reinvestment Trust Fund
Water Protection and Reinvestment Trust Fund
In general
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section:
Water Protection and Reinvestment Trust Fund
Creation of trust fund
There is established in the Treasury of the United
States a trust fund to be known as the Water Protection and Reinvestment
Trust Fund
, consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
Transfers to trust fund
There are hereby appropriated to the Water Protection and Reinvestment Trust Fund amounts equivalent to the taxes received in the Treasury before January 1, 2016, under the following provisions—
section 59B (relating to clean water restoration tax), and
section 4171 (relating to taxes relating to water).
Expenditures
Amounts in the Water Protection and Reinvestment Trust Fund shall be available, as provided in appropriation Acts, only for purposes of investments in clean water and drinking water infrastructure in accordance with the Water Protection and Reinvestment Act of 2009.
.
Clerical amendment
The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:
.
Excise taxes funding Water Protection and Reinvestment Trust Fund
In general
Chapter 32 of such Code is amended by inserting after subchapter D the following new subchapter:
Taxes Relating to Water
Sec. 4171. Imposition of tax.
Sec. 4172. Definitions and special rule.
Imposition of tax
Water-based beverage
There is hereby imposed on the sale of any container of water-based beverage by the manufacturer, producer, or importer thereof a tax equal to 4 cents per container of such beverage which is 5 gallons or less. For purposes of the preceding sentence, the manufacturer or producer is the entity that puts the beverage into the container subject to the tax under such sentence.
Water disposal product
There is hereby imposed on the sale of any water disposal product by the manufacturer, producer, or importer thereof a tax equal to 3 percent of the price for which so sold.
Pharmaceutical tax
There is hereby imposed on the sale of any pharmaceutical product by the manufacturer, producer, or importer thereof a tax equal to 0.5 percent of the price for which so sold.
Termination
The taxes imposed by this section shall not apply to any production, manufacture, or importation after December 31, 2015.
Definitions and special rule
Water-based beverage
For purposes of this subchapter—
Water-based beverage
The term water-based beverage
means any
beverage which is—
water, or
created by mixing water with other liquids, flavorings, vitamins, or other ingredients where the resulting product is at least 50 percent water by weight.
Exceptions
The
term water-based beverage
does not include—
any pharmaceutical product,
any alcoholic beverage, and
any product where—
at least 75 percent of the water that naturally existed in the product is removed,
the resulting concentrated product is shipped and then the water replaced, and
the beverage is then packaged for sale.
Container
The term container
means any
can, glass bottle, plastic bottle, aseptic container, or other sealed package
for transportation and sale.
Water disposal product
For purposes of this subchapter—
In general
The term water disposal product
means any
of the following: soaps and detergents, toiletries, toilet tissue, water
softeners, and cooking oils.
Soaps and detergents
The term soaps and detergents
means—
soaps and other detergents, such as laundry detergents and dishwashing detergents,
toothpaste gels, and
tooth powders,
Toiletries
The
term toiletries
means toilet preparations such as perfumes,
shaving preparations, hair preparations, face creams, lotions (including
sunscreens), and other cosmetic preparations, as determined under regulations
prescribed by the Secretary.
Toilet tissue
The term toilet
tissue
means toilet tissue, as determined under regulations prescribed
by the Secretary.
Water softeners
The term
water softeners
means farm, household, commercial, and
industrial water softeners, as determined under regulations prescribed by the
Secretary.
Cooking oils
In general
The term cooking oils
means corn oils, soy
oils, and other vegetable oils, as determined under regulations prescribed by
the Secretary.
Exception
The
term cooking oils
does not mean a product that the Secretary
determines, by regulation, is not typically disposed of, by consumers, directly
in wastewater.
Pharmaceutical product
The term pharmaceutical product
means—
a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)), and
a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 261)).
Use treated as sale
For purposes of this subchapter, if any person manufactures, produces, or imports any item on which tax is imposed under this subchapter, and uses such item, then such person shall be liable for tax under this subchapter in the same manner as if such item were sold by such person.
.
Conforming amendment
The table of subchapters for chapter 32 of such Code is amended by inserting after the item relating to subchapter D the following new item:
.
Corporate Income tax funding Water Protection and Reinvestment Trust Fund
In general
Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting at the end the following new part:
Clean Water Restoration Tax
Clean Water Restoration Tax
Imposition of tax
In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.15 percent of the excess of—
the modified alternative minimum taxable income of such corporation for the taxable year, over
$4,000,000.
Modified alternative minimum taxable income
For purposes of this section,
the term modified alternative minimum taxable income
has the
meaning given such term by section 59A(b).
Applicable rules
For purposes of this section, rules similar to the rules of subsections (c) and (d) of section 59A shall apply.
Application of tax
Subsection (a) shall not apply to a taxable year beginning after December 31, 2015.
.
Conforming amendments
Section 26(b)(2)
of such Code is amended by striking and
at the end of
subparagraph (W), by striking the period at the end of subparagraph (X) and
inserting , and
, and by inserting after subparagraph (Y) the
following new subparagraph:
section 59B (relating to clean water restoration tax).
.
Section 164(a) of such Code is amended by inserting after paragraph (5) the following new paragraph:
The clean water restoration tax imposed by section 59B.
.
Section 275(a)(6)
of such Code is amended by inserting or 59B
after section
59A
.
Section 882(a)(1)
of such Code is amended by inserting 59B,
after
59A,
.
Section 1561(a) of
such Code is amended by striking and
at the end of paragraph
(3), by striking the period at the end of paragraph (4) and inserting ,
and
, and by inserting after paragraph (4) the following new
subparagraph:
one $4,000,000 amount for purposes of computing the tax imposed by section 59B.
.
Section
6425(g)(1)(A) of such Code is amended by striking plus
at the
end of clause (iii), by striking over
at the end of clause (iv)
and inserting plus
, and by inserting after clause (iv) the
following new clause:
the tax imposed by section 59B, over
.
Section
6655(c)(1)(A) of such Code is amended by striking plus
at the
end of clause (ii), by striking over
at the end of clause (iii)
and inserting plus
, and by inserting after clause (iii) the
following new clause:
the tax imposed by section 59B, over
.
Effective dates
In general
Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Excise tax
The amendments made by subsection (b) shall apply to sales on or after the first calendar quarter beginning after 1 year after the date of the enactment of this Act.
Allocation of funds
In general
The Administrator of the Environmental Protection Agency shall allocate the amount of funds appropriated out of the Water Protection and Reinvestment Fund established by section 9511 of the Internal Revenue Code of 1986 for a fiscal year among programs and activities as follows:
Clean water programs
Of such amount, the Administrator shall make available—
48 percent for making capitalization grants under section 601 of the Federal Water Pollution Control Act (33 U.S.C. 1381; relating to capitalization grants for State water pollution control revolving funds);
1.5 percent for making grants under section 106 of such Act (33 U.S.C. 1256; relating to grants for pollution control programs);
2.5 percent for making grants under section 319 of such Act (33 U.S.C. 1329; relating to nonpoint source management programs); and
0.5 percent for making grants under section 104(b)(8) of such Act (as added by section 202 of this Act; relating to technical assistance to rural and small municipalities and tribal governments).
Safe drinking water funding
Of such amount, the Administrator shall make available—
35 percent for making capitalization grants under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12; relating to capitalization grants for State drinking water treatment revolving loan funds); and
0.5 percent for providing technical assistance under section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j–1(e); relating to technical assistance for small public water systems).
Additional grant programs
Of such total amount, the Administrator shall make available—
0.5 percent for making grants under section 402 (relating to treatment works and community systems security);
1 percent for making grants under section 403 (relating to climate change and adaptation grants);
0.05 percent for making grants under section 109 of the Federal Water Pollution Control Act (33 U.S.C. 1259) in accordance with section 404(a) (relating to training grants and contracts);
0.05 percent for awarding scholarships under section 111 of the Federal Water Pollution Control Act (33 U.S.C. 1261) in accordance with section 404(c) (relating to scholarships for the studies on the operation and maintenance of treatment works);
0.1 percent for establishing training programs and making grants under section 1442(c) of the Safe Drinking Water Act (42 U.S.C. 300j–1(c)) in accordance with section 404(d) (relating to training for personnel who manage or operate public water systems);
5 percent for making grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301; relating to sewer overflow control grants);
5 percent for carrying out sections 406, 407, and 408 (relating to the national water infrastructure research, development, and demonstration program, regional water research centers, and a cost of service study); and
0.3 percent for making grants under section 410(a) (relating to drug take back grants).
Treatment of funds
The funds made available for a program or activity under this section, shall be in addition to any funds made available for the program or activity under any other provision of law.
State Water Pollution Control Revolving Funds
Amendment of Federal Water Pollution Control Act
Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Technical assistance
Section 104(b) (33 U.S.C. 1254(b)) is amended—
by striking
and
at the end of paragraph (6);
by striking the
period at the end of paragraph (7) and inserting ; and
;
and
by adding at the end the following:
make grants to nonprofit organizations—
to provide technical assistance to rural and small municipalities and tribal governments for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c);
to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this Act; and
to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 603(i)(2) by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.
.
General authority for capitalization grants
Section 601(a) (33 U.S.C. 1381(a)) is
amended by striking for providing assistance
and all that
follows through the period at the end and inserting the following: to
accomplish the objectives, goals, and policies of this Act by providing
assistance for projects and activities identified in section
603(c).
.
Capitalization grant agreements
Specific requirements
Section 602(b) (33 U.S.C. 1382(b)) is amended—
by striking “and” at the end of paragraph (9);
by striking the period at the end of paragraph (10) and inserting a semicolon; and
by adding at the end the following:
the State will require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using amounts from the fund will be awarded in the same way that a contract for architectural and engineering services is awarded under chapter 11 of title 40, United States Code, except that such an award shall not be construed as conferring a proprietary interest upon the United States;
the State will not provide financial assistance using amounts from the fund for any project that will provide substantial direct benefits to new communities, lots, or subdivisions, other than a project to construct an advanced decentralized wastewater system;
the requirements of section 513 will apply to the construction of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title, or with assistance made available under section 205(m), or both, in the same manner as treatment works for which grants are made under this Act; and
the State will allocate funds for high priority projects in accordance with section 607.
.
Advanced decentralized wastewater system defined
Section 502 is amended by adding at the end the following:
Advanced decentralized wastewater system
The term advanced decentralized
wastewater system
means a system for treating domestic sewage that is
located at or near a site at which the sewage is generated, provides more
effective treatment than a conventional septic system, and includes a plan and
funding mechanism for long-term
maintenance.
.
Water pollution control revolving loan funds
Projects and activities eligible for assistance
Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows:
Projects and Activities Eligible for Assistance
The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance—
to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works to address the needs of existing communities;
for implementation of measures to increase the security of publicly owned treatment works, including vulnerability assessment updates and safer alternatives for treatment chemicals;
for implementation of a nonpoint management program established under section 319;
for development and implementation of a conservation and management plan for an estuary under section 320;
for implementation of measures to manage, reduce, treat, capture, or reuse municipal storm water, agricultural storm water, and return flows from irrigated agriculture;
for repair or replacement of decentralized wastewater treatment systems that treat domestic sewage;
to any municipality or intermunicipal, interstate, or State agency for implementation of measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;
for implementation of measures to integrate water resource management planning and implementation;
to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publically owned treatment works, including the implementation of energy efficient or renewable generation technologies;
for projects to correct failing residential septic systems or cesspools; and
for implementation of technologies, management programs, or other measures—
to improve monitoring for and to alert the owner or operator of a publicly owned treatment works of the occurrence of a spill, overflow, or other discharge or release; and
to provide for public notification of a spill, overflow, or other discharge or release of pollution into waters of the United States or from point sources into areas in which there is a potential risk of public exposure.
.
Extended repayment period
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended—
in
subparagraph (A) by striking 20 years
and inserting the
lesser of 30 years or the design life of the project to be financed with the
proceeds of the loan
; and
in subparagraph
(B) by striking not later than 20 years after project completion
and inserting upon the expiration of the term of the
loan
.
Fiscal sustainability plan
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended—
by striking
and
at the end of subparagraph (C);
by
inserting and
at the end of subparagraph (D); and
by adding at the end the following:
for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 603(c)(1), the recipient of such assistance will develop and implement a fiscal sustainability plan that includes—
an inventory of critical assets that are a part of that portion of the treatment works;
an evaluation of the condition and performance of inventoried assets or asset groupings;
a plan for maintaining, repairing, and, as necessary, replacing that portion of the treatment works and a plan for funding such activities; and
a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan;
.
Expenses of administering State funds
Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the following:
or $400,000 per year, or 1/5 percent per year of
the current valuation of the fund, whichever amount is greatest, plus the
amount of any fees collected by the State for such purpose regardless of the
source
.
Additional Subsidization
Section 603 (33 U.S.C. 1383) is amended by adding at the end the following:
Additional Subsidization
In general
In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans—
to benefit a municipality that—
meets the State’s affordability criteria established under paragraph (2); or
does not meet the State’s affordability criteria if the recipient—
seeks additional subsidization to benefit individual ratepayers in the residential user rate class;
demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought; and
ensures, as part of an assistance agreement between the State and the recipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such ratepayers; or
to implement an innovative or alternative process, material, technique, or technology (including low-impact technologies, nonstructural protection of surface waters, a new or improved method of waste treatment, and nutrient pollutant trading) that may result in greater environmental benefits, or equivalent environmental benefits at reduced cost, when compared to a standard process, material, technique, or technology.
Affordability criteria
Establishment
On or before September 30, 2010, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State.
Existing criteria
If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph.
Priority
A State may give priority to a recipient for a project or activity eligible for funding under section 603(c)(1) if the recipient meets the State’s affordability criteria.
Limitation
The total amount of additional subsidization provided under this subsection by a State may not exceed 30 percent of the total amount of capitalization grants (less the amounts required to be allocated in accordance with section 607) received by the State under this title in fiscal years beginning after September 30, 2009.
.
Prioritization
Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows:
Priority system requirement
Definitions
In this subsection, the following definitions apply:
Restructuring
The
term restructuring
means—
the consolidation of management functions or ownership with another facility; or
the formation of cooperative partnerships.
Traditional wastewater approach
The term traditional wastewater
approach
means a managed system used to collect and treat wastewater
from an entire service area consisting of—
collection sewers;
a centralized treatment plant using biological, physical, or chemical treatment processes; and
a direct point source discharge to surface water.
Priority system
In providing financial assistance from the water pollution control revolving fund of the State, the State shall establish a priority system that—
takes into consideration appropriate chemical, physical, and biological data relating to water quality that the State considers reasonably available and of sufficient quality;
ensures that projects undertaken with assistance under this title are designed to achieve, as determined by the State, the optimum water quality management, consistent with the public health and water quality goals and requirements of this Act;
provides for public notice and opportunity to comment on the establishment of the priority system and the summary under subparagraph (D); and
provides for the publication, not less than biennially in summary form, of a description of projects in the State that are eligible for assistance under this title that indicates—
the priority assigned to each project under the priority system of the State; and
the funding schedule for each project, to the extent the information is available.
Weight given to applications
After determining project priorities under paragraph (2), a State shall give greater weight to an application for assistance if the application contains such information as the State determines to be necessary and includes—
approaches other than a traditional wastewater approach that treat or minimize sewage or urban storm water discharges using—
decentralized or distributed storm water controls;
decentralized wastewater treatment;
low-impact development technologies and nonstructural approaches;
stream buffers;
wetland restoration and enhancement;
actions to minimize the quantity of and direct connections to impervious surfaces;
soil and vegetation, or other permeable materials; or
actions that increase efficient water use, water conservation, or water reuse;
a demonstration of consistency with State, regional, and municipal watershed plans, water conservation and efficiency plans, or integrated water resource management plans;
a proposal by the applicant demonstrating flexibility through alternative means to carry out responsibilities under Federal regulations, which may include watershed permitting and other innovative management approaches, while achieving results that the Administrator determines are measurably superior when compared to regulatory standards; or
a proposal by the applicant providing for the implementation of effective utility management principles, as identified in the 2007 Agreement between the Environmental Protection Agency and major water and wastewater associations.
.
High priority project grants and principal forgiveness
In general
Title VI (33 U.S.C. 1381 et seq.) is amended—
by redesignating section 607 as section 608; and
by inserting after section 606 the following:
High priority project grants and principal forgiveness
In general
A State shall allocate for providing assistance for high priority projects in accordance with the requirements of this section—
50 percent of the total amount of capitalization grants received by the State in a fiscal year under section 601 that is attributable to funds appropriated out of the Water Protection and Reinvestment Trust Fund; and
50 percent of the State contributions made under section 602(b)(2) in connection with that total amount.
Authority To make grants and forgive principal
Notwithstanding the requirements of section 603(d), assistance provided by a State for high priority projects under subsection (a) shall be in the form of a grant or a loan under which the State forgives repayment of 100 percent of the principal amount of the loan.
Identification of high priority projects
In general
A State shall provide assistance under this section in a manner that is consistent with the priority lists established under sections 216 and 603.
Priority
In providing assistance under this section, a State shall give greater weight to projects that address the most serious water pollution problems and—
benefit communities with the greatest need (determined on the basis of affordability criteria to be established by the State); or
incorporate nonstructural or decentralized treatment practices.
Matching funds
The amount of a grant or loan for a project under this section shall be 50 percent of the project cost. The remaining project cost shall be provided by the State from sources other than capitalization grants under section 601.
Applicability
Subsection (a) shall apply with respect to each fiscal year beginning after the date of enactment of this section.
.
Eligibility of Indian tribes
Section 518(e) (33 U.S.C. 1377(e)) is amended by
striking and 406
and inserting 406, and
607
.
Safe Drinking Water Act Funding
Use of State revolving loan funds
Section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)) is amended—
by redesignating the first through fifth sentences as subparagraphs (A) through (E), respectively, and by adjusting the margins of such subparagraphs so as to align with subparagraph (B) (as amended by paragraph (2) of this section); and
by striking subparagraph (B), as so designated, and inserting the following:
Financial assistance under this section may be used by a public water system only for expenditures (not including monitoring, operation, and maintenance expenditures) of a type or category which the Administrator has determined, through guidance, will facilitate compliance with national primary drinking water regulations applicable to the system under section 1412 or otherwise significantly further the health protection objectives of this title, including expenditures—
for planning, design, and associated preconstruction activities;
to replace or rehabilitate aging treatment, storage (including reservoirs), or distribution facilities of public water systems;
for capital projects to upgrade or enhance the security of public water systems;
to consolidate management functions with other public water systems;
to increase the energy efficiency or water efficiency (or both) of a public water system; or
for onsite projects to generate renewable energy for a public water system.
.
Priority system requirements
Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amended—
in subparagraph
(B), by striking periodically
and inserting at least
biennially
;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following:
Infrastructure improvement
Notwithstanding subparagraph (A), an intended use plan shall provide, to the maximum extent practicable, that priority for the use of at least 1/3 of amounts made available from the Water Protection and Reinvestment Trust Fund established by section 9511 of the Internal Revenue Code of 1986 to the State loan fund of the State be given to projects to replace or rehabilitate aging treatment, storage (including reservoirs), or distribution facilities of public water systems that regularly serve more than 100,000 persons.
; and
by adding at the end the following:
Weight given to applications
In determining project priorities, the State shall give greater weight to an application for assistance by a public water system if the application includes—
an inventory of assets, including a description of the condition of the assets;
a schedule for replacement of assets;
a financing plan that factors in all life-cycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs;
in the case of a public water system that regularly serves fewer than 10,000 persons, a review of options for consolidating management functions of the system with management functions of other public water systems;
reliance on methodologies or technologies that are environmentally sensitive, non-structural, or both environmentally sensitive and non-structural;
demonstration of consistency with State, regional, and municipal watershed plans;
a water conservation plan consistent with guidelines published for such plans by the Administrator pursuant to section 1455(a);
approaches to improve the sustainability of the system such as—
water efficiency or conservation;
use of reclaimed water; and
actions to increase energy efficiency; and
such other information as the State determines necessary.
.
Affordability
Section 1452(d)(3) of the Safe Drinking
Water Act (42 U.S.C. 300j–12(d)(3)) is amended in the first sentence by
inserting or portion of a service area
after service
area
.
Needs survey
Section 1452(h) of the Safe Drinking Water Act (42 U.S.C. 300j–12(h)) is amended—
by striking
The Administrator shall conduct
and inserting the
following:
In general
The Administrator shall conduct
; and
by adding at the end following:
Report
Each report under paragraph (1) shall detail the capital improvement needs of eligible public water systems according to the population served by such water systems and shall include not fewer than 4 size categories of public water systems. One such size category shall consist of public water systems serving a population of not less than 100,000 and the other such size categories shall consist of public water systems serving populations of less than 100,000.
.
Negotiation of contracts
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended by adding at the end the following:
Negotiation of contracts
A contract to be carried out using funds made directly available by a capitalization grant under this section for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural or related services shall be negotiated in the same manner as—
a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code; or
an equivalent State qualifications-based requirement (as determined by the Governor of the State).
.
Drinking water technical assistance for communities
Section 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j–1(e)) is amended—
in the first
sentence, by striking The Administrator may provide
and
inserting the following:
Public water systems
The Administrator may provide
;
by striking the
term subsection each place it appears and inserting
paragraph
;
by striking the fifth sentence and all that follows and inserting the following:
In providing assistance under this paragraph, the Administrator shall give priority to small public water systems that have, either individually or collectively, the greatest need in the States, and to nonprofit organizations determined by the Administrator to be qualified and most effective at assisting such small public water systems.
; and
by adding at the end the following new paragraphs:
Wells and well systems
In general
The Administrator shall provide grants to nonprofit organizations to provide technical assistance to communities and individuals regarding the design, operation, construction, and maintenance of household wells and small shared well-systems that provide drinking water.
Form of assistance
Technical assistance referred to in subparagraph (A) may include—
training and education;
operation of a hotline; and
conducting other activities relating to the design and construction of household, shared, and small water well systems.
Priority
In providing grants under this paragraph, the Administrator shall give priority to nonprofit organization applicants that, as determined by the Administrator—
are qualified;
will be the most effective at assisting those communities or individuals that have, either individually or collectively, the greatest need in the States; and
have demonstrated experience in providing similar technical assistance and in developing similar projects.
Funding
Lobbying expenses
No portion of any State loan fund established under section 1452 and no portion of any funds made available under this subsection may be used for lobbying expenses.
Indian tribes
Of the total amount made available under this subsection for each fiscal year, 3 percent shall be used for technical assistance to public water systems owned or operated by Indian tribes.
.
Additional Grant Programs
Definitions
In this title, the following definitions apply:
Academy
The term Academy means the National Academy of Sciences.
Administrator
The term Administrator means the Administrator of the Environmental Protection Agency.
Community water system
The term community water system has the meaning given that term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
Public water system
The term public water system
has the
meaning given that term in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f).
Treatment works
The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
Water Protection and Reinvestment Trust Fund
The term Water Protection and
Reinvestment Trust Fund
means the trust fund established by section
9511 of the Internal Revenue Code of 1986, as added by section 101(a) of this
Act.
Treatment works and community water system security grants
Grants for security enhancements
The Administrator may make a grant to any State, municipality, publicly owned treatment works, or community water system—
for capital projects that increase the security of the community water system or publicly owned treatment works; and
for the completion or update of a vulnerability assessment, emergency response plan, or site security plan required under section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i–2) or any other applicable law.
Federal share
The Federal share of the costs for which a grant is made under this section shall be 65 percent.
Funding
The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Climate Change Mitigation and Adaptation Grants
Grant program
The Administrator shall carry out a competitive grant program to support efforts by publicly owned treatment works and community water systems to take actions to increase energy efficiency, reduce greenhouse gas emissions, and mitigate the impacts of climate change.
Eligible Activities
In order to carry out the program under subsection (b), the Administrator shall award grants to publicly owned treatment works and community water systems for the following:
Facility or process modifications that reduce the use of energy or water, or both.
The installation of small renewable energy generators, including methane capture, wind turbines, and micro water turbines.
Sustainable practices that minimize the adverse environmental impacts of climate change on water quality and quantity.
Projects that increase the ability of publicly owned treatment works or community water systems to withstand the impacts of climate change.
Federal share
The Federal share of the costs for which a grant is made under this section shall be 65 percent.
Maximum grant amount
The Administrator shall not make a grant under this section to a grantee that exceeds $2,000,000 per fiscal year.
Funding
The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Workforce Development Grants
Training grants and contracts
Funding
The Administrator may make grants under section 109 of the Federal Water Pollution Control Act (33 U.S.C. 1259), using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102, to ensure that an adequate supply of certified wastewater treatment operators exists.
Amendments
Section 109 of such Act (33 U.S.C. 1259) is amended—
in the first sentence of subsection (a)—
by striking operation,
and
inserting operation, construction,
;
by striking and other
facilities
and inserting other facilities (including stormwater
treatment facilities)
; and
by
inserting , and nonstructural treatment options
after
water quality control
;
in subsection
(b)(1) by striking construction
and inserting
construction, expansion, or modernization
; and
in subsection (b) by striking paragraphs (3) and (4) and inserting the following:
Facilities for which grants are awarded under this section before, on, or after the date of enactment of this section are eligible for additional funding for modernization and upgrades through grants under this section.
.
Application for training grant or contract; allocation of grants or contracts
Section 110(2) of such Act (33 U.S.C.
1260(2)) is amended by striking United States
and inserting
States
.
Award of scholarships
Funding
The Administrator may award scholarships under section 111 of the Federal Water Pollution Control Act (33 U.S.C. 1261), using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102, for undergraduate and graduate study by persons who plan to enter an occupation involving the operation and maintenance of treatment works.
Amendments
Section 111 of such Act (33 U.S.C. 1261) is amended—
in paragraph (1)—
by striking undergraduate
and inserting undergraduate and graduate
;
by striking operation
and
inserting construction, operation,
; and
by
striking but not to exceed four academic years
;
in paragraph (2)—
by striking use of
individuals
and inserting use by individuals
;
by striking United States
inserting States
; and
by striking secondary
and
inserting secondary and post-secondary
; and
in paragraph (3)(D) by striking
operation
each place it appears and inserting design,
operation,
.
Research, technical assistance, information, training of personnel
The Administrator may establish training programs and make grants under section 1442(c) of the Safe Drinking Water Act (42 U.S.C. 300j–1(c)) using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Sewer overflow control grants
In general
The Administrator may make grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Prioritization
Section 221(b) of the Federal Water Pollution Control Act (33 U.S.C. 1301(b)) is amended—
by striking
or
at the end of paragraph (3);
by striking the
period at the end of paragraph (4) and inserting ; or
;
and
by adding at the end the following:
is applying for a grant for a project that involves the use of—
nonstructural, low-impact development;
water conservation, efficiency, or reuse; or
other decentralized stormwater or wastewater approaches to minimize flows into sewer systems.
.
Conforming amendments
Section 221(a) of such Act (33 U.S.C. 1301(a)) is amended—
by striking
In any
and all that follows through (1) the
and
inserting The
;
by striking
overflows
and all that follows through (2) subject
to
and inserting overflows. Subject to
; and
by striking
paragraph (1)
and inserting the preceding
sentence
.
Research, Development, and Technology Demonstration Program
In general
Not later than one year after the date of enactment of this Act, the Administrator shall establish a national water infrastructure research, development, and demonstration program to develop, demonstrate, and transfer innovative or improved technologies and methods for the treatment, control, transport, and reuse of drinking water and wastewater. These technologies and methods may include—
reducing energy consumption in water and wastewater infrastructure;
recovering energy and nutrient resources from wastewater;
reducing water consumption and returning water for ecosystem use;
on-site technologies to generate renewable energy at a publicly owned treatment works, community water system, or other municipal water or wastewater facility;
measures to control, manage, reduce, treat, infiltrate, or reuse municipal stormwater;
decentralized or distributed stormwater and wastewater controls and treatment;
low impact development technologies and non-structural approaches to treat drinking water, wastewater, and stormwater;
reducing the costs of compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and the Safe Drinking Water Act (42 U.S.C. 300f et seq.), while retaining or enhancing environmental benefits;
improving control and treatment of stormwater and nonpoint sources of pollution;
mitigating and adapting to climate change;
dual systems that re-use stormwater and wastewater for non-potable water resource needs;
development of a new generation of water monitoring reporting and notification techniques; and
controlling, limiting, treating, or preventing pharmaceutical and personal care products from being in or entering waters of the United States.
Consultation
In administering the program under this section, the Administrator shall annually hold a national meeting to bring together major stakeholders, including representatives from the following:
The public.
States, local governments, and organizations representing States or local governments.
The National Science Foundation, the National Academy of Science, the National Academy of Engineering, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the Department of Agriculture, the United States Geological Survey, the White House Office of Science and Technology Policy, the Department of Energy, and the Council on Environmental Quality.
Universities, colleges, and other institutions of higher education.
Other public nonprofit entities with expertise in research and development of technologies for the treatment, control, transport, and re-use of drinking water, stormwater, and wastewater.
Cooperative agreements or grants
In carrying out the program under this section, the Administrator may enter into cooperative agreements or make grants or, both, to develop improved technologies and methods under subsection (a) with or to nonprofit and governmental entities having demonstrated expertise in research and development of the treatment, control, transport, and re-use of drinking water, stormwater, and wastewater, including the following entities:
The Water Environment Research Foundation.
The Water Research Foundation.
Public nonprofit entities, including those whose members or subscribers include drinking water, stormwater, and wastewater utilities and local governments.
Universities, colleges, and other institutions of higher education.
Local governments, including publicly owned treatment works and community water systems.
The National Science Foundation.
The National Institutes for Water Resources.
Demonstration projects
The Administrator is authorized to enter into cooperative agreements with entities described in subsection (c) and for-profit entities to demonstrate the viability and effectiveness of a new technology for the treatment, control, transport, and re-use of drinking water, stormwater, or wastewater.
Selection
In entering into cooperative agreements and making grants under subsection (c), the Administrator shall give priority to cooperative agreements and grants that—
create multiple environmental, social, and economic benefits for communities; and
consider—
a variety of water resource opportunities and needs;
unique and diverse geology and geography;
the ability to provide the greatest technological diversity using limited financial resources; and
the commitment of each community or regional area to find and fund appropriate alternative technologies to resolve their water infrastructure needs.
Federal share
The Federal share of the costs for which a grant is made under this section shall be 65 percent; except that the Administrator may increase such Federal share based on the purpose for which the grant is made and the type of grant recipient.
Funding
The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Report to Congress
The Administrator shall prepare and submit a biennial report to Congress on the results of technology research, development, and full-scale demonstrations performed under this section and recommendations for encouraging the use of such technologies by drinking water, stormwater, and wastewater utilities.
Regional water research centers
Regional centers
Grants
The Administrator, in collaboration with the Director of the National Science Foundation, shall make grants to nonprofit institutions of higher learning to establish and operate one university water research center in each of such 21 hydro-regions as the Administrator, in consultation with the United States Geological Survey, may establish. The Administrator, in consultation with the United States Geological Survey, may adjust the boundaries of such regions to assure that none of the conterminous regions are either larger or smaller than another by more than two fold.
Designation of National Water Research Center
The Administrator, in
collaboration with the Director, shall designate one of the 21 university water
research centers as the National Water Research Center
.
Mission
In general
The mission of the centers shall be to conduct and coordinate strategic research, education, and outreach for sustainable management of water resources in every hydro-climatic region of the United States.
National Water Research Center
In addition to its mission under subparagraph (A), the mission of the National Water Research Center shall be to gather, archive, and publish data from the regional centers and to integrate the regional findings into a national research strategy.
Definition
For
purposes of this section, the term nonprofit institution of higher
learning
includes a consortium of nonprofit institutions of higher
learning.
Selection of grant recipients
Applications
In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Administrator an application that is in such form and contains such information as the Administrator may require.
Selection criteria
Except as otherwise provided by this section, the Administrator, in collaboration with the Director, shall select each recipient of a grant under this section through a competitive process on the basis of the following:
The location of the center within the region to be served.
The demonstrated research and extension resources available to the recipient to carry out the objectives of this section.
The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range water supply, water infrastructure, and water quality problems.
The recipient’s establishment of a water program encompassing several areas of water research.
The recipient’s demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing research in water and education programs through a statewide or region-wide continuing education program.
The recipient’s demonstrated ability to disseminate results of water research and education programs through a statewide or region-wide continuing education program,
The strategic plan the recipient proposes to implement in order to carry out the purposes for which the grant will be made.
The recipient’s demonstration that it has a well-established, nationally recognized program in water research and education, as evidenced by—
not less than 10 graduate degrees awarded in professional fields closely related to water each year for each of the 5 calendar years preceding the date of the submission of the application for the grant; and
not less than 10 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to water who, as a group, have published a total or at least 50 journal publications on water research during the preceding 5 calendar years.
Objectives
Except for a grant for the establishment and operation of the National Water Research Center, a grant made under this section may only be used to establish and operate a university water research center in accordance with this section, including the conduct of the following activities and programs:
Research
Basic and applied research, the products of which are judged by peers or other experts in the field of water to advanced the body of knowledge in water availability and use, water quality, water infrastructure sustainability, and water institutions.
Education
An education program relating to water that includes multidisciplinary course work and participation in research.
Technology Transfer
An ongoing program of technology transfer that makes water research results available to potential users, including policymakers, in a form that can be implemented, utilized, or otherwise applied.
Continuing grants
Period of grants
After selecting a nonprofit institution of higher learning as a grant recipient on the basis of a competition conducted under this section, the Administrator, in collaboration with the Director, shall make a grant to the selected grant recipient to establish and operate a regional university water center under this section in each of the first 5 fiscal years beginning after the date of the competition.
Grant agreement
In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Administrator to ensure that the recipient will maintain total expenditures from all other sources to establish and operate a university water research center (including the conduct of activities and programs the center is authorized to carry out under subsection (c) and subsections (a)(3)(B) and (f) in the case of the National Water Research Center) at least equal to the average level of such expenditures in its 2 fiscal years before the award of the grant under this section.
Competition deadline
Not later than the last day of the one-year period following the date of enactment of this Act and March 31st of each 5th year thereafter, the Administrator, in collaboration with the Director, shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 21 regional university water centers referred to in subsection (a).
Amount of Grants
The Administrator shall make a grant to a nonprofit institution of higher learning selected under this section to be a grant recipient for the establishment and operation of a regional university water center (including the conduct of activities and programs described in subsection (c)) of at least $2,000,000 for each fiscal year but no more than $4,000,000; except that a grant for establishment and operation of the National Water Research Center (including the conduct of the activities described in subsections (a)(3)(B), (c), and (f)) shall be at least $6,000,000 for each fiscal year but no more than $12,000,000.
Federal share
The Federal share of the costs of establishment and operation of a center under this section (including the conduct of the activities and programs the center is authorized to carry out under subsection (c) and subsections (a)(3)(B) and (f) in the case of the Nation Water Research Center) through a grant made under this section shall be 50 percent in the case of a regional university water center and 85 percent in the case of the National Water Research Center.
Program coordination
Coordination
The Administrator, working through the National Water Research Center, shall—
support a network of university water centers to coordinate and facilitate information technology development and implementation across the centers;
coordinate research, education, training, and technology transfer activities that grant recipients are authorized to carry out under this section;
synthesize research conducted under this section;
disseminate the results of the research; and
establish and operate a clearinghouse to disseminate the results of the research.
Annual review and evaluation
At least annually, the Administrator shall review and evaluate the activities and programs that grant recipients carry out through the use of grants made to such recipients under this section.
Funding limitation
The Administrator may not use more than one percent of the amounts made available to carry out this section for a fiscal year to carry out management and oversight of the centers established through grants made under this section.
Funding
The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Limitation on availability of funds
Funds made available to carry out this section shall remain available for obligation by the Administrator for a period of 2 years after the last day of the fiscal year for which the funds are authorized.
Cost of service study
In general
Not later than 2 years after the date of enactment of this Act, the Administrator shall enter an arrangement with the Academy under which the Academy shall complete and provide to the Administrator the results of a study of the means by which public water systems and treatment works selected by the Academy in accordance with subsection (c) meet the costs associated with operations, maintenance, capital replacement, and regulatory requirements. In addition, the study shall be conducted for the purposes set forth in subsection (b).
Required elements
Affordability
The purposes of the study shall be, at a minimum, to—
determine whether the rates at public water systems and treatment works for communities included in the study are using a full-cost pricing model;
identify, if a full-cost pricing model is not being used, any incentive rate systems that have been successful in significantly reducing—
per capita water demand;
the volume of wastewater flows;
the volume of stormwater runoff; or
the quantity of pollution generated by stormwater;
identify a set of best industry practices that public water systems and treatment works may use in establishing a rate structure that—
adequately addresses the true cost of services provided to consumers by public water systems and treatment works, including infrastructure replacement;
encourages water conservation; and
takes into consideration the needs of disadvantaged individuals and communities, as identified by the Administrator;
identify existing standards for affordability and the manner in which those standards are determined and defined;
determine the manner in which affordability varies with respect to communities of different sizes and in different regions; and
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).
Disadvantaged communities
In addition, the purposes of the study shall be, at a minimum, to—
survey a cross-section of States representing different sizes, demographics, and geographical regions;
describe, for each
State surveyed under 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.);
review other means of identifying the meaning of the term disadvantaged, as that term applies to communities;
determine which
factors and characteristics are required for a community to be considered
disadvantaged
; and
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.
Selection of communities
The Academy shall select the public water systems and treatment works for the study under subsection (a) from a cross-section of communities representing various populations, income levels, demographics, and geographical regions.
Funding
The Administrator shall carry out this section using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Drug take-back grants
Grant program
In general
Not later than one year after the date of enactment of this Act, the Administrator shall establish a competitive grant program to make grants to local and State organizations, tribes, nonprofit entities, and other government entities—
to take back prescription and over-the-counter drugs from the public; and
to dispose of the drugs in an environmentally sound manner.
Requirements
In order to be eligible to receive a grant under this subsection, each applicant for such a grant shall demonstrate to the satisfaction of the Administrator that, in undertaking the activities described in paragraph (1) under the grant, the applicant will—
protect public safety by ensuring that the drugs will be properly disposed of;
incorporate environmentally sound practices for disposing of controlled substances (by means other than disposal into a public or private wastewater treatment system or a municipal solid waste landfill);
follow the existing requirements of the Controlled Substances Act (21 U.S.C. 801 et seq.); and
meet such additional requirements as the Administrator may establish.
Collection of different types of drugs
In general
A take-back program does not need to collect and dispose of both prescription and over-the-counter drugs to be eligible for grant funding under this subsection.
Preference
Notwithstanding subparagraph (A), the Administrator, in awarding grants under this subsection, may give preference to applicants proposing to collect and dispose of both prescription and over-the-counter drugs.
No funding restriction
Entities receiving funds under this subsection may continue to receive funding from other public and private sources.
Definitions
In this subsection:
The term
drug
—
has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and
includes a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).
The term
over-the-counter
, with respect to a drug, means not subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353(b)(1)).
The term prescription
, with
respect to a drug, means subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
Funding
The Administrator shall carry out this subsection using funds appropriated out of the Water Protection and Reinvestment Trust Fund that are allocated for that purpose under section 102.
Labeling of drugs and biological products
Prohibition on labeling recommendations to dispose of drugs and biological products by flushing
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following:
No labeling recommendations To dispose by flushing
In approving an application for a drug under this section, the Secretary of Health and Human Services shall ensure that the labeling for such drug does not include any recommendation or direction to dispose of the drug by means of a public or private wastewater treatment system, such as by flushing down the toilet.
.
Biological products
Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following:
No labeling recommendations To dispose by flushing
In licensing any biological product under this section, the Secretary shall ensure that the labeling for such product does not include any recommendation or direction to dispose of the product by means of a public or private wastewater treatment system, such as by flushing down the toilet.
Drugs and biological products already marketed
Labeling revision
With respect to drugs and biological products that are legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) or part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) as of the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs—
shall conduct a review of the labeling of such drugs and biological products; and
for any such labeling that includes a recommendation or direction to dispose of the drug or biological product by means of a public or private wastewater treatment system, such as by flushing down the toilet, shall order the labeling to be revised to exclude such recommendation or direction.
Penalty
Any drug or biological product whose labeling is in violation of an order issued under subparagraph (A)(ii) is deemed to be misbranded under section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352).
Effective date
An order issued under subparagraph (A)(ii) shall take effect not later than one year after the date of enactment of this Act.
Definitions
In this subsection:
Biological product
The term biological product
has the
meaning given to such term in section 351 of the Public Health Service Act (42
U.S.C. 262).
Drug and labeling
The terms drug
and
labeling
have the meanings given to such terms in section 201 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
State revolving fund review process
As soon as practicable after the date of enactment of this Act, the Administrator shall—
consult with States, utilities, nonprofit organizations, and other Federal agencies providing financial assistance to identify ways to expedite and improve the application and review process for the provision of assistance from—
the State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.); and
the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12);
consider the needs of treatment works and public water systems in carrying out such Acts and this Act;
take such administrative action as is necessary to expedite and improve the process as the Administrator has authority to take under existing law;
collect information relating to innovative approaches taken by any State to simplify the application process of the State and provide the information to each State; and
submit to Congress a report that, based on the information identified under paragraph (1), contains recommendations for legislation to facilitate further streamlining and improvement of the process described in paragraph (1).