,,ii #aacth ,,congress #b;d ,session ,s4 #bgig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aa1 #bjad,mr4 ,brown introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to update a program to provide assistance for the planning1 design1 and construction of treatment works to intercept1 transport1 control1 or treat municipal combined sewer overflows and sanitary sewer overflows1 and to require the ,administrator of the ,environmental ,protection ,agency to update certain guidance used to develop and determine the financial capability of communities to implement clean water infrastructure programs4 #a4 ,short title ,this ,act may be cited as the ,clean ,water ,affordability ,act of #bjad4 #b4 ,sewer overflow control grants ,section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 is amended-- 7#a7 by striking subsections 7a7 through 7g7 and inserting the following3 7a7 ,grants ,the ,administrator may-- 7#a7 make grants to ,states for the purpose of providing grants to local or regional authorities or a municipality or municipal entity for use in planning1 designing1 and constructing treatment works to intercept1 transport1 control1 or treat municipal combined sewer overflows and sanitary sewer overflows2 and 7#b7 make a grant directly to a local or regional authority or municipality or municipal entity for the purposes described in paragraph 7#a74 7b7 ,prioritization ,in selecting from among municipalities applying for grants under this section1 a ,state or the ,administrator shall give priority to-- 7#a7 an applicant that is a financially distressed community1 as determined by the applicable ,state under subsection 7c72 and 7#b7 an applicant that discharges into a water body1 or water body segment1 impaired for nutrients or related pollutant indicators4 7c7 ,determination ,in determining whether a community is a distressed community for the purposes of subsection 7b71 a ,state shall consider1 among other factors1 the criteria described in section #g7;b77#b77;,a7 of the ,clean ,water ,affordability ,act of #bjad4 7d7 ,cost-,sharing 7#a7 ,federal share ,the ,federal share of the cost of any project or activity carried out using funds from a grant made under subsection 7a7 shall be not less than #ge percent4 7#b7 ,non-,federal share ,the non-,federal share of the cost of any project or activity carried out using funds from a grant made under subsection 7a7 may include-- 7,a7 in any amount1 public and private funds and in-kind services2 and 7,b7 notwithstanding section #fjc1 financial assistance1 including loans1 from a ,state water pollution control revolving fund4 7e7 ,administrative requirements 7#a7 ,in general ,subject to paragraph 7#b71 a project that receives grant assistance under subsection 7a7 shall be carried out subject to the same requirements as a project that receives assistance from a ,state water pollution control revolving fund established pursuant to title ,,vi4 7#b7 ,determination of ,governor ,the requirement described in paragraph 7#a7 shall not apply to a project that receives grant assistance under subsection 7a7 to the extent that the ,governor of the ,state in which the project is located determines that a requirement described in title ,,vi is inconsistent with the purposes of this section4 7f7 ,allocation of funds 7#a7 ,fiscal year #bjae ,for fiscal year #bjae1 subject to subsection 7g71 the ,administrator shall use the amounts made available to carry out this section under subsection 7i77#a7 to provide grants to municipalities and municipal entities under subsection 7a77#b7 in accordance with the priority criteria described in subsection 7b74 7#b7 ,fiscal year #bjaf and thereafter ,for fiscal year #bjaf and each fiscal year thereafter1 subject to subsection 7g71 the ,administrator shall use the amounts appropriated to carry out this section under subsection 7i77#a7 to provide grants to ,states under subsection 7a77#a7 in accordance with a formula that-- 7,a7 shall be established by the ,administrator1 after providing notice and an opportunity for public comment2 and 7,b7 allocates to each ,state a proportional share of the amounts based on the total needs of the ,state for municipal combined sewer overflow controls and sanitary sewer overflow controls1 as identified in the most recent survey-- 7i7 conducted under section #baj2 and 7ii7 included in a report required under section #eaf7;a74 2 7#b7 by redesignating subsections 7h7 and 7i7 as subsections 7g7 and 7h71 respectively2 7#c7 in the first sentence of subsection 7h7 7as redesignated by paragraph 7#b771 by striking #bjjc and inserting #bjae2 and 7#d7 by adding at the end the following3 7i7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7,a7 #bej1jjj1jjj for fiscal year #bjae2 7,b7 #cjj1jjj1jjj for fiscal year #bjaf2 7,c7 #cej1jjj1jjj for fiscal year #bjag2 7,d7 #djj1jjj1jjj for fiscal year #bjah2 and 7,e7 #ejj1jjj1jjj for fiscal year #bjai4 7#b7 ,availability of amounts ,amounts authorized to be appropriated under paragraph 7#a7 shall remain available until expended4 4 #c4 ,integrated permitting process 7a7 ,in general ,section #djb7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;a77 is amended by inserting after paragraph 7#e7 the following3 7#f7 ,integrated ,permits 7,a7 ,definition of publicly owned permittee ,in this paragraph1 the term publicly owned permittee means-- 7i7 a treatment works 7as defined in section #bab7 that is publicly owned2 and 7ii7 a municipal separate storm sewer system referred to in this section4 7,b7 ,planning approach ,the ,administrator shall establish a comprehensive and integrated planning approach to the obligations under this section of a publicly owned permittee-- 7i7 under which permit obligations may be implemented according to a schedule that-- 7,i7 accounts for the financial capability of the publicly owned permittee2 7,,ii7 prioritizes permit obligations according to the most cost-effective and environmentally beneficial outcomes2 7,,iii7 accounts for the preexisting maintenance1 operational1 and regulatory obligations of the publicly owned permittee under this section2 and 7,,iv7 enables the publicly owned permittee to implement innovative approaches to meet those obligations2 and 7ii7 that accounts for changed circumstances in the obligations of the publicly owned permittee1 such as-- 7,i7 new innovative treatment approaches2 7,,ii7 new regulatory requirements2 and 7,,iii7 changes in financial capability4 4 7b7 ,duration of permits ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by inserting before the semicolon at the end the following3 1 except that a permit with a term of more than #e years but not more than #be years may be approved if the permittee has an approved integrated plan established under subsection 7a77#f74 #d4 ,combined sewage overflow long-term control plan ,section #djb7q7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7q77 is amended by adding at the end the following3 7#d7 ,combined sewage overflow long-term control plan 7,a7 ,in general ,the ,administrator shall amend the ,,cso control policy to allow a publicly owned treatment work that has an approved long-term control plan to modify the plan to incorporate green infrastructure and energy-efficient technologies on a showing that the use of the technologies can cost-effectively help to meet the terms of the combined sewer overflow compliance obligations of the treatment work4 7,b7 ,compliance ,the ,administrator shall allow a publicly owned treatment work #cj years to meet compliance obligations under long-term control plans modified under this paragraph4 4 #e4 ,environmental protection agency green infrastructure promotion ,title ,v of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfa et seq47 is amended-- 7#a7 by redesignating section #eai 7#cc ,u4,s4,c4 #abea note7 as section #ebj2 and 7#b7 by inserting after section #eah 7#cc ,u4,s4,c4 #acgg7 the following3 #eai4 ,environmental protection agency green infrastructure promotion 7a7 ,in general ,the ,administrator shall ensure that the ,office of ,water1 the ,office of ,enforcement and ,compliance ,assurance1 the ,office of ,research and ,development1 and the ,office of ,policy of the ,environmental ,protection ,agency promote the use of green infrastructure in and coordinate the integration of green infrastructure into1 permitting programs1 planning efforts1 research1 technical assistance1 and funding guidance4 7b7 ,duties ,the ,administrator shall ensure that the ,office of ,water-- 7#a7 promotes the use of green infrastructure in the programs of the ,environmental ,protection ,agency2 and 7#b7 coordinates efforts to increase the use of green infrastructure with-- 7,a7 other ,federal departments and agencies2 7,b7 ,state1 tribal1 and local governments2 and 7,c7 the private sector4 7c7 ,regional green infrastructure promotion ,the ,administrator shall direct each regional office of the ,environmental ,protection ,agency1 as appropriate based on local factors1 to promote and integrate the use of green infrastructure within the region that includes-- 7#a7 a plan for monitoring1 financing1 mapping1 and designing the green infrastructure2 7#b7 outreach and training regarding green infrastructure implementation for ,state1 tribal1 and local governments1 tribal communities1 and the private sector2 and 7#c7 the incorporation of green infrastructure into permitting and other regulatory programs1 codes1 and ordinance development1 including the requirements under consent decrees and settlement agreements in enforcement actions4 7d7 ,green infrastructure information-,sharing ,the ,administrator shall promote green infrastructure information-sharing1 including through an ,internet website1 to share information with1 and provide technical assistance to1 ,state1 tribal1 and local governments1 tribal communities1 the private sector1 and the public regarding green infrastructure approaches for-- 7#a7 reducing water pollution2 7#b7 protecting water resources2 7#c7 complying with regulatory requirements2 and 7#d7 achieving other environmental1 public health1 and community goals4 7e7 ,green infrastructure portfolio standard ,the ,administrator1 in collaboration with ,state1 tribal1 and local water resource managers1 shall establish voluntary measurable goals1 to be known as the green infrastructure portfolio standard1 to increase the percentage of annual water managed by eligible entities that use green infrastructure4 4 #f4 ,updating of guidance 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,affordability ,the term affordability means1 with respect to payment of a utility bill1 a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household1 as determined by the ,administrator4 7#c7 ,financial capability ,the term financial capability means the financial capability of a community to make investments necessary to make water quality-related improvements1 taking into consideration the criteria described in subsection 7b77#b77;,a74 7#d7 ,guidance ,the term guidance means the guidance published by the ,administrator entitled ,combined ,sewer ,overflows--,guidance for ,financial ,capability ,assessment and ,schedule ,development and dated ,february #aiig1 as applicable to combined sewer overflows and sanitary sewer overflows4 7b7 ,updating 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall update the guidance to ensure that the evaluations by the ,administrator of financial capability assessment and schedule development meet the criteria described in paragraph 7#b74 7#b7 ,criteria ,the criteria described in this paragraph are that1 under the updated guidance-- 7,a7 in assessing financial capability of a community-- 7i7 greater emphasis should be placed on local economic conditions2 7ii7 for regional systems1 consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region2 7iii7 prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community2 7iv7 site-specific local conditions should be taken into consideration in analyzing financial capability2 7v7 a single measure of financial capability or affordability 7such as median household income7 should be viewed in the context of other economic measures1 rather than as a threshold to be achieved2 and 7vi7 7,i7 consideration should be given to the economic outlook of a community1 including the potential impact of program requirements over time1 in the development of implementation schedules2 and 7,,ii7 the assessment should take into consideration other essential community investments relating to water quality improvements2 7,b7 with respect to the timing of implementation of water quality-related improvements-- 7i7 environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements2 and 7ii7 implementation schedules should reflect local community financial conditions and economic impacts2 7,c7 with respect to implementation of methodologies-- 7i7 a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities2 and 7ii7 an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community2 and 7,d7 the residential indicator should be revised to include-- 7i7 a consideration of costs imposed upon ratepayers for essential utilities2 7ii7 increased consideration and quantification of local community-imposed costs in regional systems2 7iii7 a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility2 7iv7 a consideration of the industrial and population trends of a community2 7v7 recognition that-- 7,i7 the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area2 and 7,,ii7 more representative methods of determining affordability1 such as shelter costs1 essential utility payments1 and ,state and local tax efforts1 should be considered2 7vi7 cash-flow forecasting rather than forecasting based on a snapshot evaluation of community financial capability2 7vii7 a consideration of low-income ratepayer percentages2 and 7viii7 impacts relating to program delivery1 such as water quality infrastructure market saturation and program management4 7#c7 ,implementation ,the updated guidance should indicate that1 in a case in which a previously approved long-term control plan or associated enforceable agreement allows for modification of the plan or terms of the agreement 7including financial capability considerations71 and all parties are in agreement that a change is needed or that the plan or agreement contains a reopener provision to address changes in the economic or financial status of the community since the effective date of the plan or agreement1 reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph 7#b7 are appropriate4 7c7 ,publication and ,submission ,upon completion of the updating of guidance under subsection 7b71 the ,administrator shall publish in the ,federal ,register and submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives the updated guidance4 7d7 ,authorization of ,appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4