S. 2654Senate118th Congress (2023-2025)In Committee

Water Efficiency, Conservation, and Sustainability Act of 2023

Introduced July 27, 2023

AI-Generated Summary

Updated January 20, 2026 at 10:39 AM UTC

The Water Efficiency, Conservation, and Sustainability Act of 2023 creates federal grant programs to help public water systems and other eligible entities improve water use and reduce losses. It directs the EPA Administrator to fund water‑efficiency incentive programs, water‑loss control audits, and the adoption of advanced plumbing codes, with special focus on drought‑affected areas and low‑income households. The law targets state, local, tribal governments, public water utilities, and nonprofit groups that serve residential, commercial, or industrial customers.

Key Provisions

  • Establishes a grant program that awards at least $250,000 (or smaller amounts for very small systems) to entities running water‑efficiency incentive programs, with at least 50% of funds going to drought‑designated areas and 40% of grant money required for low‑income household upgrades.
  • Allows the federal share of program costs to be up to 80% (or 100% in cases of financial hardship) and requires grants to supplement, not replace, other funding sources.
  • Creates a water‑loss control program that provides technical assistance and grants for annual water‑audit compliance and loss‑reduction measures, with $40 million authorized each fiscal year from 2024‑2028.
  • Mandates annual EPA reporting of water‑savings achieved through the loss‑control program, published on the agency’s website.
  • Sets up a grant program to help states, tribes, and local governments adopt and enforce water‑efficient plumbing codes meeting WE‑Stand or International Green Construction Code standards, with $20 million authorized each fiscal year and provisions for sub‑grants to local agencies.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S3763)

July 27, 2023

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SenateIntro Referral

Introduced in Senate

July 27, 2023

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (Sponsor introductory remarks on measure: CR S3763)

July 27, 2023

Floor Debate

6 members

What members said about S. 2654 on the floor

2 Republicans4 Democrats
Alex Padilla
Sen. Alex PadillaD-CA · Jul 27, 2023

Madam President, I rise to introduce the bipartisan Economic Empowerment Through Predevelopment Act. This legislation would improve support for capacity building and early-stage project development…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 27, 2023

Madam President, I rise today to introduce the EQIP Water Conservation Act of 2023 and thank Senators Marshall, Bennet, Lujan, Padilla, Kelly, and Sinema for joining me as original cosponsors. Our…

Jack Reed
Sen. Jack ReedD-RI · Jul 27, 2023

Madam President, among the many challenges to improving educational outcomes for students and recruiting and retaining educators for our public schools is the condition of school facilities. A 2020…

Tim Kaine
Sen. Tim KaineD-VA · Jul 27, 2023

Madam President, today, I am introducing legislation that is the product of at least 18 years of collaborative work by a diverse group of stakeholders in Virginia, including local recreation groups,…

Alex Padilla
Sen. Alex PadillaD-CA · Jul 27, 2023

Madam President, I rise to introduce the Water Efficiency, Conservation, and Sustainability Act of 2023. This legislation would authorize $550 million for the Environmental Protection Agency to…

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James E. Risch
Sen. James E. RischR-ID · Jul 27, 2023

Madam President, I rise today to introduce the Grizzly Bear Review and Resource Restart Act. The grizzly bear was originally listed under the Endangered Species Act, ESA, in 1975 with the worthy…

John Thune
Sen. John ThuneR-SD · Jul 27, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued July 27, 2023

II

118th CONGRESS

1st Session

S. 2654

IN THE SENATE OF THE UNITED STATES

July 27, 2023

Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To increase efficiency and conservation in public water systems, and for other purposes.

1.

Short title

This Act may be cited as the Water Efficiency, Conservation, and Sustainability Act of 2023.

2.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Eligible entity

The term eligible entity means any of the following:

(A)

A State, local, or Tribal government, or any special-purpose unit of such a government (including a municipal water authority).

(B)

A public water system.

(C)

A nonprofit organization.

(3)

Energy Star program

The term Energy Star program means the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).

(4)

Low-income household

The term low-income household includes a household that is—

(A)

eligible to receive payments under—

(i)

section 2605(b)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)); or

(ii)

the Low-Income Household Drinking Water and Wastewater Emergency Assistance Program authorized by section 533 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1627); or

(B)

within a disadvantaged community (as defined in section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(d)(3))).

(5)

Public water system

The term public water system has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

(6)

Water efficiency incentive program

The term water efficiency incentive program means a program for providing incentives, including direct installation services, to residential, commercial, or industrial customers of a public water system for the purchase, lease, installation, use, or implementation, as applicable, of water-efficient upgrades.

(7)

Water-efficient upgrade

(A)

In general

The term water-efficient upgrade means a product, landscape, label, process, or service for a residential, commercial, or industrial building, or the landscape of such a building, that is—

(i)

rated for water efficiency and performance under the WaterSense program, the Energy Star program, or such other methodology as determined to be appropriate by the Administrator; or

(ii)

otherwise determined by the Administrator to improve water-use efficiency.

(B)

Inclusions

The term water-efficient upgrade includes—

(i)

a faucet;

(ii)

a showerhead;

(iii)

a dishwasher;

(iv)

a toilet;

(v)

a clothes washer;

(vi)

an irrigation product or service;

(vii)

advanced metering infrastructure;

(viii)

a flow monitoring device;

(ix)

a landscaping or gardening product, including moisture control or water-enhancing technology;

(x)

xeriscaping, turf removal, or another landscape conversion that reduces water use (except for the installation of artificial turf); and

(xi)

any other product, landscape, process, or service—

(I)

certified pursuant to the WaterSense program; or

(II)

otherwise determined by the Administrator to reduce water use or water loss, including products rated for water efficiency and performance under the Energy Star program.

(8)

Water loss control program

The term water loss control program means a program to identify and quantify water uses and losses, implement controls to reduce or eliminate losses and leaks, and evaluate the effectiveness of such controls.

(9)

WaterSense program

The term WaterSense program means the program established by section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b).

3.

Water efficiency and conservation grant program

(a)

In general

The Administrator shall establish a program to award grants to eligible entities that have established water efficiency incentive programs to carry out those water efficiency incentive programs (referred to in this section as the grant program).

(b)

Distribution

In carrying out the grant program, the Administrator shall award not less than 50 percent of the amounts made available to carry out this section in each fiscal year to eligible entities that service an area that—

(1)

has been designated as D2 (severe drought) or greater according to the United States Drought Monitor for a minimum of 4 weeks during any of the 3 years preceding the date of the grant award; or

(2)

is within a county for which a drought emergency has been declared by the applicable Governor at any time during the 3-year period preceding the date of the grant award.

(c)

Grant amount

(1)

In general

Subject to paragraph (2), a grant awarded under the grant program shall be in an amount that is not less than $250,000.

(2)

Small public water systems

The Administrator may award a grant in an amount that is less than $250,000 if the grant is awarded to, or for the benefit of, a public water system that serves fewer than 10,000 customers.

(d)

Use of funds

An eligible entity receiving a grant under the grant program shall—

(1)

use grant funds to carry out a water efficiency incentive program for customers of a public water system; or

(2)

provide grant funds to another eligible entity to carry out a water efficiency incentive program described in paragraph (1).

(e)

Minimum requirement

An eligible entity receiving a grant under the grant program shall use not less than 40 percent of the amount of the grant to provide water-efficient upgrades to low-income households.

(f)

Cost share

(1)

In general

Subject to paragraph (2), the Federal share of the cost of carrying out a water efficiency incentive program using a grant awarded under the grant program shall not exceed 80 percent.

(2)

Waiver

The Administrator may increase the Federal share under paragraph (1) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.

(g)

Supplement, not supplant

Amounts provided under a grant under the grant program shall be used to supplement, and not supplant, other Federal, State, local, or Tribal funds made available to carry out water efficiency incentive programs.

(h)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2028.

(2)

Administrative costs

Of the amounts made available under paragraph (1) for grants under the grant program each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator.

4.

Sustainable water loss control program

(a)

Technical assistance and grant program

The Administrator shall establish and carry out a program (referred to in this section as the program)—

(1)

to make grants and provide technical assistance to eligible entities to perform annual audits of public water systems that are—

(A)

conducted in accordance with the procedures contained in the manual published by the American Water Works Association entitled M36 Water Audits and Loss Control Programs, Fourth Edition (or any successor manual determined appropriate by the Administrator); and

(B)

validated under such criteria as may be specified by the Administrator; and

(2)

to make grants and provide technical assistance to eligible entities—

(A)

to implement controls to address real losses, apparent losses, or a combination of real and apparent losses that are identified in an audit conducted and validated in accordance with the procedures and criteria described in paragraph (1); and

(B)

to help public water systems that have conducted and validated such an audit establish water loss control programs.

(b)

Criteria

In selecting eligible entities to receive grants and technical assistance under the program, the Administrator shall consider—

(1)

the percentage of customers of the public water system that would be served by the grants or technical assistance that are low-income households; and

(2)

the ability of the public water system that would be served by the grants or technical assistance, on completion of an audit conducted and validated in accordance with the procedures and criteria described in subsection (a)(1)—

(A)

to successfully sustain a water loss control program; and

(B)

to demonstrate that the water loss control program will reduce real losses, apparent losses, or a combination of real and apparent losses in the public water system.

(c)

Annual water savings

The Administrator shall—

(1)

annually compile, by Environmental Protection Agency region, information on the amount of water savings achieved pursuant to this section; and

(2)

publish on the website of the Administrator the information compiled under paragraph (1).

(d)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2024 through 2028, of which—

(A)

$20,000,000 each fiscal year shall be used to carry out subsection (a)(1); and

(B)

$20,000,000 each fiscal year shall be used to carry out subsection (a)(2).

(2)

Administrative costs

Of the amounts made available under paragraph (1) for grants under the program each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator.

5.

Assistance for water efficient plumbing code adoption

(a)

Water efficient plumbing codes

The Administrator shall establish a program to make grants to States, Tribal governments, and units of local government that have authority to adopt plumbing codes—

(1)

to adopt plumbing codes that meet or exceed—

(A)

the latest American National Standard published as the Water Efficiency and Sanitation Standard for the Built Environment or WE–Stand (or any successor American National Standard); or

(B)

the requirements described in Chapter 6 (Water Use Efficiency) of the code published by the International Code Council entitled 2018 International Green Construction Code (IGCC) (or any successor requirements described in a code published by the International Code Council); and

(2)

to implement a plan for the jurisdiction to achieve, within 5 years of the date on which the jurisdiction receives the grant, compliance with a plumbing code described in paragraph (1) in at least 90 percent of new and renovated residential, commercial, and industrial buildings, as applicable, which shall include—

(A)

workforce training;

(B)

an enforcement program; and

(C)

a compliance measurement program.

(b)

Subgrant authority

A State that has adopted a plumbing code described in subsection (a)(1) may use funds from a grant under this section to make subgrants to relevant Tribal or local agencies to implement the plumbing code through 1 or more of the following:

(1)

Workforce training.

(2)

An enforcement program.

(3)

A compliance measurement program.

(c)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2028.

(2)

Administrative costs

Of the amounts made available under paragraph (1) for grants under this section each fiscal year, the Administrator may use not more than 4 percent to pay the administrative costs of the Administrator.