,,ii #aaeth ,,congress #ast ,session ,s4 #fib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjag ,mrs4 ,fischer 7for herself1 ,mr4 ,brown1 ,mr4 ,cardin1 ,mr4 ,boozman1 ,mr4 ,portman1 ,mr4 ,blunt1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to provide for integrated plan permits1 to establish an ,office of the ,municipal ,ombudsman1 to promote green infrastructure1 and to require the revision of financial capability guidance4 #a4 ,short title ,this ,act may be cited as the ,water ,infrastructure ,flexibility ,act4 #b4 ,definition of ,administrator ,in this ,act1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 #c4 ,integrated plans 7a7 ,integrated plans ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,integrated plan permits 7#a7 ,definitions ,in this subsection3 7,a7 ,green infrastructure ,the term green infrastructure means the range of measures that use plant or soil systems1 permeable pavement or other permeable surfaces or substrates1 stormwater harvest and reuse1 or landscaping to store1 infiltrate1 or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters4 7,b7 ,integrated plan ,the term integrated plan has the meaning given in ,part ,,iii of the ,integrated ,municipal ,stormwater and ,wastewater ,planning ,approach ,framework1 issued by the ,environmental ,protection ,agency and dated ,june #e1 #bjab4 7,c7 ,municipal discharge 7i7 ,in general ,the term municipal discharge means a discharge from a treatment works 7as defined in section #bab7 or a discharge from a municipal storm sewer under subsection 7p74 7ii7 ,inclusion ,the term municipal discharge includes a discharge of wastewater or storm water collected from multiple municipalities if the discharge is covered by the same permit issued under this section4 7#b7 ,integrated plan 7,a7 ,in general ,the ,administrator 7or a ,state1 in the case of a permit program approved under subsection 7b77 shall inform a municipal permittee or multiple municipal permittees of the opportunity to develop an integrated plan4 7,b7 ,scope of permit incorporating integrated plan ,a permit issued under this subsection that incorporates an integrated plan may integrate all requirements under this ,act addressed in the integrated plan1 including requirements relating to-- 7i7 a combined sewer overflow2 7ii7 a capacity1 management1 operation1 and maintenance program for sanitary sewer collection systems2 7iii7 a municipal stormwater discharge2 7iv7 a municipal wastewater discharge2 and 7v7 a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load4 7#c7 ,compliance schedules 7,a7 ,in general ,a permit for a municipal discharge by a municipality that incorporates an integrated plan may include a schedule of compliance1 under which actions taken to meet any applicable water quality-based effluent limitation may be implemented over more than #a permit term if the compliance schedules are authorized by ,state water quality standards4 7,b7 ,inclusion ,actions subject to a compliance schedule under subparagraph 7,a7 may include green infrastructure if implemented as part of a water quality-based effluent limitation4 7,c7 ,review ,a schedule of compliance may be reviewed each time the permit is renewed4 7#d7 ,existing authorities retained 7,a7 ,applicable standards ,nothing in this subsection modifies any obligation to comply with applicable technology and water quality-based effluent limitations under this ,act4 7,b7 ,flexibility ,nothing in this subsection reduces or eliminates any flexibility available under this ,act1 including the authority of-- 7i7 a ,state to revise a water quality standard after a use attainability analysis under section #aca4aj7;g7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection71 subject to the approval of the ,administrator under section #cjc7;c72 and 7ii7 the ,administrator or a ,state to authorize a schedule of compliance that extends beyond the date of expiration of a permit term if the schedule of compliance meets the requirements of section #abb4dg of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subsection74 7#e7 ,clarification of ,state authority 7,a7 ,in general ,nothing in section #cja7;b77#a77;,c7 precludes a ,state from authorizing in the water quality standards of the ,state the issuance of a schedule of compliance to meet water quality-based effluent limitations in permits that incorporate provisions of an integrated plan4 7,b7 ,transition rule ,in any case in which a discharge is subject to a judicial order or consent decree as of the date of enactment of the ,water ,infrastructure ,flexibility ,act resolving an enforcement action under this ,act1 any schedule of compliance issued pursuant to an authorization in a ,state water quality standard shall not revise or otherwise affect a schedule of compliance in that order or decree unless the order or decree is modified by agreement of the parties and the court4 4 7b7 ,municipal ombudsman 7#a7 ,establishment ,there is established within the ,office of the ,administrator an ,office of the ,municipal ,ombudsman4 7#b7 ,general duties ,the duties of the municipal ombudsman shall include the provision of-- 7,a7 technical assistance to municipalities seeking to comply with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,b7 information to the ,administrator to help the ,administrator ensure that agency policies are implemented by all offices of the ,environmental ,protection ,agency1 including regional offices4 7#c7 ,actions required ,the municipal ombudsman shall work with appropriate offices at the headquarters and regional offices of the ,environmental ,protection ,agency to ensure that the municipality seeking assistance is provided information-- 7,a7 about available ,federal financial assistance for which the municipality is eligible2 7,b7 about flexibility available under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 and1 if applicable1 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7,c7 regarding the opportunity to develop an integrated plan1 as defined in section #djb7s77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7as added by subsection 7a774 7#d7 ,priority ,in carrying out paragraph 7#c71 the municipal ombudsman shall give priority to any municipality that demonstrates affordability concerns relating to compliance with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7#e7 ,information sharing ,the municipal ombudsman shall publish on the website of the ,environmental ,protection ,agency-- 7,a7 general information relating to-- 7i7 the technical assistance referred to in paragraph 7#b77;,a72 7ii7 the financial assistance referred to in paragraph 7#c77;,a72 7iii7 the flexibility referred to in paragraph #c7;,b72 and 7iv7 any resources related to integrated plans developed by the ,administrator2 and 7,b7 a copy of each permit1 order1 or judicial consent decree that implements or incorporates an integrated plan4 7c7 ,municipal enforcement ,section #cji of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acai7 is amended by adding at the end the following3 7h7 ,implementation of integrated plans through enforcement tools 7#a7 ,in general ,in conjunction with an enforcement action under subsection 7a7 or 7b7 relating to municipal discharges1 the ,administrator shall inform a municipality of the opportunity to develop an integrated plan1 as defined in section #djb7s74 7#b7 ,modification ,any municipality under an administrative order under subsection 7a7 or settlement agreement 7including a judicial consent decree7 under subsection 7b7 that has developed an integrated plan consistent with section #djb7s7 may request a modification of the administrative order or settlement agreement based on that integrated plan4 4 7d7 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available a report on each integrated plan developed and implemented through a permit1 order1 or judicial consent decree since the date of publication of the ,integrated ,municipal ,stormwater and ,wastewater ,planning ,approach ,framework issued by the ,environmental ,protection ,agency and dated ,june #e1 #bjab1 including a description of the control measures1 levels of control1 estimated costs1 and compliance schedules for the requirements implemented through an integrated plan4 #d4 ,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 and consistent with the requirements of this ,act1 to promote and integrate the use of green infrastructure within the region that includes-- 7#a7 outreach and training regarding green infrastructure implementation for ,state1 tribal1 and local governments1 tribal communities1 and the private sector2 and 7#b7 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 4 #e4 ,financial capability guidance 7a7 ,definitions ,in this section3 7#a7 ,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#b7 ,financial capability ,the term financial capability means the financial capability of a community to make investments necessary to make water quality or drinking water improvements4 7#c7 ,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 the combined sewer overflows and sanitary sewer overflows guidance published by the ,administrator entitled ,financial ,capability ,assessment ,framework and dated ,november #bd1 #bjad4 7b7 ,use of median household income ,the ,administrator shall not use median household income as the sole indicator of affordability for a residential household4 7c7 ,revised guidance 7#a7 ,in general ,not later than #a year after the date of completion of the ,national ,academy of ,public ,administration study to establish a definition and framework for community affordability required by ,senate ,report #aad-gj1 accompanying ,s4 #afde 7#aadth ,congress71 the ,administrator shall revise the guidance described in subsection 7a77#c74 7#b7 ,use of guidance ,beginning on the date on which the revised guidance referred to in paragraph 7#a7 is finalized1 the ,administrator shall use the revised guidance in lieu of the guidance described in subsection 7a77#c74 7d7 ,consideration and consultation 7#a7 ,consideration ,in revising the guidance1 the ,administrator shall consider-- 7,a7 the recommendations of the study referred to in subsection 7c7 and any other relevant study1 as determined by the ,administrator2 7,b7 local economic conditions1 including site-specific local conditions that should be taken into consideration in analyzing financial capability2 7,c7 other essential community investments2 7,d7 potential adverse impacts on distressed populations1 including the percentage of low-income ratepayers within the service area of a utility and impacts in communities with disparate economic conditions throughout the entire service area of a utility2 7,e7 the degree to which rates of low-income consumers would be affected by water infrastructure investments and the use of rate structures to address the rates of low-income consumers2 7,f7 an evaluation of an array of factors1 the relative importance of which may vary across regions and localities2 and 7,g7 the appropriate weight for economic1 public health1 and environmental benefits associated with improved water quality4 7#b7 ,consultation ,any revised guidance issued to replace the guidance shall be developed in consultation with stakeholders4 7e7 ,publication and submission 7#a7 ,in general ,on completion of the revision of the guidance1 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 revised guidance4 7#b7 ,explanation ,if the ,administrator makes a determination not to follow one or more recommendations of the study referred to in subsection 7c77#a71 the ,administrator shall include in the publication and submission under paragraph 7#a7 an explanation of that decision4 7f7 ,effect ,nothing in this section preempts or interferes with any obligation to comply with any ,federal law1 including the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474