,,ii #aacth ,,congress #b;d ,session ,s4 #bbbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjad ,mr4 ,udall of ,new ,mexico introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish a ,water,sense program within the ,environmental ,protection ,agency4 #a4 ,short title ,this ,act may be cited as the ,water,sense ,efficiency1 ,conservation1 and ,adaptation ,act of #bjad4 #b4 ,water efficiency1 conservation1 and adaptation 7a7 ,findings ,congress finds that-- 7#a7 7,a7 human-induced climate change is affecting the natural water cycle1 decreasing precipitation levels in the ,west1 especially the ,southwest1 and making droughts and floods more frequent and more intense2 7,b7 declining precipitation levels will severely impact water supplies in ,southwestern ,states2 and 7,c7 a sharp increase in the number of days with very heavy precipitation throughout the ,northeast and the ,midwest will stress aging water infrastructure2 7#b7 changes in the water cycle caused by climate disruptions will adversely affect water infrastructure1 energy production and use1 human health1 transportation1 agriculture1 and ecosystems1 while also aggravating water disputes across the ,united ,states2 7#c7 7,a7 the ,colorado ,river1 which supplies water for more than #cj1jjj1jjj people1 is experiencing the worst drought in more than #ajj years of recordkeeping2 and 7,b7 the primary reservoirs of the ,colorado ,river ,basin and ,lakes ,mead and ,powell have lost nearly half of the storage waters of the reservoirs and ,lakes1 and clean hydropower generated from ,hoover ,dam risks reduction if the extended drought persists2 7#d7 ,states and local governments and water utilities can begin to address the challenges described in this subsection by providing incentives for water efficiency and conservation1 while also planning and investing in infrastructure to adapt to the impacts of climate change1 particularly those impacts already affecting the ,united ,states2 7#e7 residential water demand can be reduced by #be to #dj percent using existing1 cost-effective technologies that also can reduce the water bills of consumers by hundreds of dollars per year2 and 7#f7 water and energy use are inseparable activities1 and supplying and treating water consumes around #d percent of the electricity of the ,united ,states1 and electricity makes up #ge percent of the cost of processing and delivering municipal water4 7b7 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7c7 ,water,sense 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a ,water,sense program to identify and promote water efficient products1 buildings1 landscapes1 facilities1 processes1 and services so as-- 7,a7 to reduce water use2 7,b7 to reduce the strain on water1 wastewater1 and stormwater infrastructure2 7,c7 to conserve energy used to pump1 heat1 transport1 and treat water2 and 7,d7 to preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications about1 products1 buildings1 landscapes1 facilities1 processes1 and services that meet the highest water efficiency and performance criteria4 7#b7 ,duties ,the ,administrator shall-- 7,a7 establish-- 7i7 a ,water,sense label to be used for certain items2 and 7ii7 the procedure by which an item may be certified to display the ,water,sense label2 7,b7 promote ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services in the market place as the preferred technologies and services for-- 7i7 reducing water use2 and 7ii7 ensuring product and service performance2 7,c7 work to enhance public awareness of the ,water,sense label through public outreach1 education1 and other means2 7,d7 preserve the integrity of the ,water,sense label by-- 7i7 establishing and maintaining performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7ii7 overseeing ,water,sense certifications made by third parties2 7iii7 conducting reviews of the use of the ,water,sense label in the marketplace and taking corrective action in any case in which misuse of the label is identified2 and 7iv7 carrying out such other measures as the ,administrator determines to be appropriate2 7,e7 regularly review and1 if appropriate1 update ,water,sense criteria for categories of products1 buildings1 landscapes1 facilities1 processes1 and services1 at least once every #d years2 7,f7 to the maximum extent practicable1 regularly estimate and make available to the public the production and relative market shares of1 and the savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater infrastructure attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services1 at least annually2 7,g7 solicit comments from interested parties and the public prior to establishing or revising a ,water,sense category1 specification1 installation criterion1 or other criterion 7or prior to effective dates for any such category1 specification1 installation criterion1 or other criterion72 7,h7 provide reasonable notice to interested parties and the public of any changes 7including effective dates71 on the adoption of a new or revised category1 specification1 installation criterion1 or other criterion1 along with-- 7i7 an explanation of the changes2 and 7ii7 as appropriate1 responses to comments submitted by interested parties and the public2 7,i7 provide appropriate lead time 7as determined by the ,administrator7 prior to the applicable effective date for a new or significant revision to a category1 specification1 installation criterion1 or other criterion1 taking into account the timing requirements of the manufacturing1 marketing1 training1 and distribution process for the specific product1 building and landscape1 or service category addressed2 7,j7 identify and1 if appropriate1 implement other voluntary approaches in commercial1 institutional1 residential1 industrial1 and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use2 and 7,k7 if appropriate1 apply the ,water,sense label to water-using products that are labeled by the ,energy ,star program implemented by the ,administrator and the ,secretary of ,energy4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #g1ejj1jjj for fiscal year #bjae2 7,b7 #aj1jjj1jjj for fiscal year #bjaf2 7,c7 #bj1jjj1jjj for fiscal year #bjag2 7,d7 #ej1jjj1jjj for fiscal year #bjah2 and 7,e7 for each subsequent fiscal year1 the applicable amount for the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 7d7 ,state residential water efficiency and conservation incentives program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a ,state government1 local or county government1 tribal government1 wastewater or sewerage utility1 municipal water authority1 energy utility1 water utility1 or nonprofit organization that meets the requirements of paragraph 7#b74 7,b7 ,incentive program ,the term incentive program means a program for administering financial incentives for consumer purchase and installation of water-efficient products1 buildings 7including new water-efficient homes71 landscapes1 processes1 or services described in paragraph 7#b77;,a74 7,c7 ,residential water-efficient product1 building1 landscape1 process1 or service 7i7 ,in general ,the term residential water-efficient product1 building1 landscape1 process1 or service means a product1 building1 landscape1 process1 or service for a residence or its landscape that is rated for water efficiency and performance-- 7,i7 by the ,water,sense program2 or 7,,ii7 if a ,water,sense specification does not exist1 by the ,energy ,star program or an incentive program approved by the ,administrator4 7ii7 ,inclusions ,the term residential water-efficient product1 building1 landscape1 process1 or service includes-- 7,i7 faucets2 7,,ii7 irrigation technologies and services2 7,,iii7 point-of-use water treatment devices2 7,,iv7 reuse and recycling technologies2 7,v7 toilets2 7,,vi7 clothes washers2 7,,vii7 dishwashers2 7,,viii7 showerheads2 7,,ix7 xeriscaping and other landscape conversions that replace irrigated turf2 and 7,x7 new water efficient homes certified under the ,water,sense program4 7,d7 ,water,sense program ,the term ,water,sense program means the program established by subsection 7c74 7#b7 ,eligible entities ,an entity shall be eligible to receive an allocation under paragraph 7#c7 if the entity-- 7,a7 establishes 7or has established7 an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products1 buildings1 landscapes1 processes1 or services2 7,b7 submits an application for the allocation at such time1 in such form1 and containing such information as the ,administrator may require2 and 7,c7 provides assurances satisfactory to the ,administrator that the entity will use the allocation to supplement1 but not supplant1 funds made available to carry out the incentive program4 7#c7 ,amount of allocations ,for each fiscal year1 the ,administrator shall determine the amount to allocate to each eligible entity to carry out paragraph 7#d71 taking into consideration-- 7,a7 the population served by the eligible entity during the most recent calendar year for which data are available2 7,b7 the targeted population of the incentive program of the eligible entity1 such as general households1 low-income households1 or first-time homeowners1 and the probable effectiveness of the incentive program for that population2 7,c7 for existing programs1 the effectiveness of the program in encouraging the adoption of water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services2 7,d7 any allocation to the eligible entity for a preceding fiscal year that remains unused2 and 7,e7 the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to the eligible entity4 7#d7 ,use of allocated funds ,funds allocated to an eligible entity under paragraph 7#c7 may be used to pay up to #ej percent of the cost of establishing and carrying out an incentive program4 7#e7 ,fixture recycling ,eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this subsection4 7#f7 ,issuance of incentives 7,a7 ,in general ,financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program4 7,b7 ,manner of issuance ,an eligible entity may-- 7i7 issue all financial incentives directly to residential consumers2 or 7ii7 with approval of the ,administrator1 delegate all or part of financial incentive administration to other organizations1 including local governments1 municipal water authorities1 water utilities1 and nonprofit organizations4 7,c7 ,amount ,the amount of a financial incentive shall be determined by the eligible entity1 taking into consideration-- 7i7 the amount of any ,federal or ,state tax incentive available for the purchase of the residential water-efficient product or service2 7ii7 the amount necessary to change consumer behavior to purchase water-efficient products and services2 and 7iii7 the consumer expenditures for onsite preparation1 assembly1 and original installation of the product4 7#g7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator to carry out this section-- 7,a7 #ajj1jjj1jjj for fiscal year #bjae2 7,b7 #aej1jjj1jjj for fiscal year #bjaf2 7,c7 #bjj1jjj1jjj for fiscal year #bjag2 7,d7 #aej1jjj1jjj for fiscal year #bjah2 7,e7 #ajj1jjj1jjj for fiscal year #bjai2 and 7,f7 for each subsequent fiscal year1 the applicable amount for the preceding fiscal year1 as adjusted to reflect changes for the #ab-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics of the ,department of ,labor4 7e7 ,blue bank for water system mitigation and adaptation 7#a7 ,definitions ,in this subsection3 7,a7 ,abrupt climate change ,the term abrupt climate change means a large-scale change in the climate system that-- 7i7 takes place over a few decades or less2 7ii7 persists 7or is anticipated to persist7 for at least a few decades2 and 7iii7 causes substantial disruptions in human and natural systems4 7,b7 ,owner or operator 7i7 ,in general ,the term owner or operator means a person 7including a regional1 ,state1 local1 municipal1 or private entity7 that owns or operates a water system4 7ii7 ,inclusion ,the term owner or operator includes a non-,federal entity that has operational responsibilities for a federally owned water system4 7,c7 ,water system ,the term water system means-- 7i7 a community water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 7ii7 a publicly owned treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib771 including a municipal separate storm sewer system2 7iii7 a decentralized wastewater treatment system for domestic sewage2 7iv7 a groundwater storage and replenishment system2 or 7v7 a system for transport and delivery of water for irrigation or conservation4 7#b7 ,grants ,beginning in fiscal year #bjae1 the ,administrator shall make grants to owners or operators of water systems to address any ongoing or forecasted 7based on the best available research and data7 climate-related impact on the water quality or quantity of a region of the ,united ,states1 for the purposes of mitigating or adapting to the impacts of climate change4 7#c7 ,eligible uses ,in carrying out this subsection1 the ,administrator shall make grants to assist in the planning1 design1 construction1 implementation1 or maintenance of any program or project to increase the resilience of a water system to climate change by-- 7,a7 conserving water or enhancing water use efficiency1 including through the use of water metering to measure the effectiveness of a water efficiency program2 7,b7 modifying or relocating existing water system infrastructure made or projected to be made inoperable by climate change impacts2 7,c7 preserving or improving water quality1 including through measures to manage1 reduce1 treat1 or reuse municipal stormwater1 wastewater1 or drinking water2 7,d7 investigating1 designing1 or constructing groundwater remediation1 recycled water1 or desalination facilities or systems2 7,e7 enhancing water management by increasing watershed preservation and protection1 such as through the use of natural or engineered green infrastructure in the management1 conveyance1 or treatment of water1 wastewater1 or stormwater2 7,f7 enhancing energy efficiency or the use and generation of renewable energy in the management1 conveyance1 or treatment of water1 wastewater1 or stormwater2 7,g7 supporting the adoption and use of advanced water treatment1 water supply management 7such as reservoir reoperation71 or water demand management technologies1 projects1 or processes 7such as water reuse and recycling or adaptive conservation pricing7 that maintain or increase water supply or improve water quality2 7,h7 modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water availability1 storage1 or conveyance in a manner that-- 7i7 promotes more efficient use of available water supplies2 and 7ii7 does not further exacerbate stresses on ecosystems2 7,i7 supporting practices and projects1 such as improved irrigation systems1 water banking and other forms of water transactions1 groundwater recharge1 stormwater capture1 and reuse or recycling of drainage water1 to improve water quality or promote more efficient water use1 including on land currently in agricultural production2 7,j7 conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems2 or 7,k7 developing and implementing mitigation measures to rapidly address impacts on water systems most susceptible to abrupt climate change1 including those in the ,colorado ,river ,basin and coastal regions at risk from rising sea levels4 7#d7 ,application ,to be eligible to receive a grant from the ,administrator under paragraph 7#b71 the owner or operator of a water system shall submit to the ,administrator an application that-- 7,a7 includes a proposal of the program1 strategy1 or infrastructure improvement to be planned1 designed1 constructed1 implemented1 or maintained by the water system2 7,b7 cites the best available research or data that demonstrates-- 7i7 the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change1 including rising sea levels and changes in precipitation levels2 and 7ii7 how the proposed program1 strategy1 or infrastructure improvement would perform under the anticipated climate conditions2 7,c7 explains how the proposed program1 strategy1 or infrastructure improvement is expected to enhance the resiliency of the water system1 including source water protection for community water systems1 to these risks or reduce the direct or indirect greenhouse gas emissions of the water system2 and 7,d7 demonstrates that the program1 strategy1 or infrastructure improvement is-- 7i7 consistent with any approved ,state and tribal climate adaptation plan2 and 7ii7 not inconsistent with any approved natural resources plan4 7#e7 ,competitive process 7,a7 ,in general ,each calendar year1 the ,administrator shall conduct a competitive process to select and fund applications under this subsection4 7,b7 ,priority requirements and weighting ,in carrying out the process1 the ,administrator shall-- 7i7 prioritize funding of applications that are submitted by the owners or operators of water systems that are1 based on the best available research and data1 at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity2 7ii7 in selecting among the priority applications determined under clause 7i71 ensure that the final list of applications funded for each year includes a substantial number that1 to the maximum extent practicable1 includes each eligible use described in paragraph 7#c72 7iii7 solicit applications from water systems that are-- 7,i7 located in all regions of the ,united ,states2 and 7,,ii7 facing varying risks as a result of climate change2 and 7iv7 provide for solicitation and consideration of public input in the development of criteria used in evaluating applications4 7#f7 ,cost sharing 7,a7 ,federal share ,the ,federal share of the cost of any program1 strategy1 or infrastructure improvement that is the subject of a grant awarded by the ,administrator to a water system under paragraph 7#b7 shall not exceed #ej percent of the cost of the program1 strategy1 and infrastructure improvement4 7,b7 ,calculation of non-,federal share ,in calculating the non-,federal share of the cost of a program1 strategy1 or infrastructure improvement proposed by a water system through an application submitted by the water system under paragraph 7#d71 the ,administrator shall-- 7i7 include the value of any in-kind services that are integral to the completion of the program1 strategy1 or infrastructure improvement1 as determined by the ,administrator2 and 7ii7 not include any other amount that the water system receives from a ,federal agency4 7#g7 ,labor standards 7,a7 ,in general ,all laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this subsection shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of part ,a of subtitle ,,ii of title #dj1 ,united ,states ,code4 7,b7 ,authority and functions ,with respect to the labor standards in this paragraph1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#h7 ,regulations 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall promulgate final regulations to carry out this subsection4 7,b7 ,special rule for the construction of treatment works ,in carrying out this paragraph1 the ,administrator shall incorporate all relevant and appropriate requirements of title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 applicable to the construction of treatment works that are carried out under this subsection4 7#i7 ,report to ,congress ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,administrator shall submit to the ,congress a report on progress in implementing this subsection1 including information on project applications received and funded annually4 7#aj7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection such sums as are necessary4