,,ii #aafth ,,congress #ast ,session ,s4 #bbaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjai,ms4 ,duckworth 7for herself and ,mr4 ,durbin7 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 prohibit sewage dumping into the ,great ,lakes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,great ,lakes ,water ,protection ,act4 #b4 ,restriction on wastewater releases into the ,great ,lakes ,system 7a7 ,in general 7#a7 ,restriction ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7t7 ,restriction on wastewater releases into the ,great ,lakes ,system 7#a7 ,definitions ,in this subsection3 7,a7 ,bypass ,the term bypass means1 with respect to a treatment facility that discharges into the ,great ,lakes ,system1 an intentional diversion of waste streams from any portion of the treatment facility4 7,b7 ,great lakes system ,the term ,great ,lakes ,system has the meaning given the term in section #aah7;a77#c74 7,c7 ,treatment facility ,the term treatment facility includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher1 as required to attain water quality standards1 under any operating conditions4 7,d7 ,treatment works ,the term treatment works has the meaning given the term in section #bab4 7#b7 ,restriction ,a publicly owned treatment works that discharges into the ,great ,lakes ,system is prohibited from performing a bypass unless-- 7,a7 7i7 the bypass is unavoidable to prevent loss of life1 personal injury1 or severe property damage2 7ii7 there is not a feasible alternative to the bypass1 such as the use of auxiliary treatment facilities1 retention of untreated wastes1 or maintenance during normal periods of equipment downtime2 and 7iii7 the treatment works provides notice of the bypass in accordance with paragraph 7#d72 or 7,b7 the bypass-- 7i7 does not cause effluent limitations to be exceeded2 and 7ii7 is for essential maintenance to ensure efficient operation of the treatment facility4 7#c7 ,limitation ,the requirement of paragraph 7#b77;,a77ii7 is not satisfied if-- 7,a7 adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass2 and 7,b7 the bypass occurred during normal periods of equipment downtime or preventive maintenance4 7#d7 ,immediate notice requirements 7,a7 ,in general ,the ,administrator shall work with ,states having publicly owned treatment works subject to paragraph 7#b7 to create immediate notice requirements in the event of a bypass or a combined sewer overflow that provide for the method1 contents1 and requirements for public availability of the notice4 7,b7 ,minimum initial notice requirements ,at a minimum1 the contents of the immediate notice under subparagraph 7,a7 shall include-- 7i7 the exact dates and times of the bypass or combined sewer overflow2 7ii7 the volume of the bypass or combined sewer overflow2 and 7iii7 a description of any public access areas impacted4 7,c7 ,additional requirements ,the ,administrator and ,states described in subparagraph 7,a7 shall-- 7i7 ensure that the minimum requirements under subparagraph 7,b7 are consistent for all those ,states2 7ii7 establish follow-up notice requirements that provide a full description of each event 7including water quality data71 the cause1 and plans to prevent reoccurrence2 and 7iii7 establish requirements for making publicly available1 including on the website of the ,administrator1 a list of each treatment works from which the ,administrator or the ,state received a follow-up notice1 along with the information required under clause 7ii7 for each event that required a follow-up notice4 7#e7 ,implementation ,not later than #b years after the date of enactment of this subsection1 the ,administrator shall establish procedures to implement this subsection4 4 7#b7 ,conforming amendment ,section #dbe of division ,g of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac2 #cc ,u4,s4,c4 #abfh note7 is repealed4 7b7 ,great ,lakes ,green ,infrastructure ,development ,grant ,program ,title ,v of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfa et seq47 is amended-- 7#a7 by redesignating section #ebj 7#cc ,u4,s4,c4 #abea note7 as section #eba2 and 7#b7 by inserting after section #eai 7#cc ,u4,s4,c4 #acgg;a7 the following3 #ebj4 ,establishment of ,great ,lakes ,green ,infrastructure ,development ,grant ,program 7a7 ,definitions ,in this section3 7#a7 ,great ,lakes ,states2 ,great ,lakes ,system ,the terms ,great ,lakes ,states and ,great ,lakes ,system have the meanings given the terms in section #aah7;a77#c74 7#b7 ,green infrastructure ,the term green infrastructure has the meaning given the term in section #ejb4 7#c7 ,low-income community ,the term low-income community has the meaning given the term in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf4 7#d7 ,program ,the term ,program means the ,great ,lakes ,green ,infrastructure ,development ,grant ,program established under subsection 7b74 7#e7 ,small business ,the term small business means a small business concern 7as defined under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,establishment of ,program ,not later than #a year after the date of enactment of the ,great ,lakes ,water ,protection ,act1 the ,administrator shall establish a grant program1 to be known as the ,great ,lakes ,green ,infrastructure ,grant ,program1 under which the ,administrator shall make grants to ,great ,lakes ,states to fund programs and activities to develop green infrastructure projects4 7c7 ,application 7#a7 ,in general ,each ,great ,lakes ,state desiring a grant under the ,program shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#b7 ,assessment of need and urgency ,each application under paragraph 7#a7 shall include an assessment of the relative need and urgency of the applicable program or activity for which the ,great ,lakes ,state desires a grant under the ,program1 as compared to other programs and activities for which the ,great ,lakes ,state desires a grant under the ,program during the same fiscal year1 including an explanation of the reasons for any determination of relative need and urgency4 7d7 ,allocation of grant awards 7#a7 ,allocation among ,great ,lakes ,states 7,a7 ,in general ,for each fiscal year1 in awarding grants under the ,program1 the ,administrator shall determine the maximum amount that may be awarded to each ,great ,lakes ,state based on the relative needs of each ,great ,lakes ,state1 as determined by the most recent ,clean ,watersheds ,needs ,survey carried out by the ,administrator pursuant to section #eaf7;b74 7,b7 ,unawarded amounts ,if the ,secretary does not award to a ,great ,lakes ,state the maximum amount available to the ,great ,lakes ,state under subparagraph 7,a7 for a fiscal year1 the ,secretary shall make the remaining amounts for that fiscal year available to the ,great ,lakes ,state in subsequent fiscal years4 7#b7 ,priority for certain projects 7,a7 ,in general ,in awarding grants to a ,great ,lakes ,state under the ,program1 the ,administrator shall give priority to applications to fund programs and activities that present the greatest need and urgency1 as determined by the ,administrator4 7,b7 ,consideration of ,state assessment of need and urgency ,in making a determination of need and urgency under subparagraph 7,a71 the ,secretary shall take into consideration each applicable assessment of relative need and urgency prepared by the ,great ,lakes ,state under subsection 7c77#b74 7e7 ,subgrants ,a ,great ,lakes ,state receiving a grant under the ,program may make subgrants to any entity or individual in the ,great ,lakes ,state for programs and activities to develop green infrastructure projects4 7f7 ,allocation of grant funds received by ,great ,lakes ,states 7#a7 ,in general ,of any amounts awarded to a ,great ,lakes ,state under the ,program1 the ,great ,lakes ,state shall ensure that-- 7,a7 not less than #ej percent of those amounts are used for-- 7i7 capital expenditures relating to green infrastructure projects1 including any expenses for cost estimates or project planning and design2 and 7ii7 materials associated with capital expenditures relating to green infrastructure projects1 such as rain garden soils2 7,b7 not less than #be percent of those amounts are used for operations and maintenance of green infrastructure1 including any expenses for developing operations and maintenance cost estimates2 and 7,c7 not more than #be percent of those amounts are used for green infrastructure workforce training1 except that1 in the case of a workforce training program that provides dedicated maintenance labor for green infrastructure1 amounts expended for green infrastructure workforce training may be considered to be amounts expended for operations and maintenance under subparagraph 7,b74 7#b7 ,limitation on funding for operations and maintenance ,each entity or individual that receives amounts awarded to a ,great ,lakes ,state under the ,program may use the amounts received by that entity or individual for operations and maintenance of green infrastructure under paragraph 7#a77;,b7 for a total period of not more than #c years4 7#c7 ,small businesses 7,a7 ,in general ,a ,great ,lakes ,state shall ensure that not less than #bc percent of the total amount awarded to the ,great ,lakes ,state under the ,program is received by small businesses or nonprofit organizations in the ,great ,lakes ,state-- 7i7 to construct green infrastructure projects2 or 7ii7 to operate and maintain green infrastructure projects4 7,b7 ,permissible activities 7i7 ,in general ,the requirements under subparagraph 7,a7 may be satisfied-- 7,i7 by subgrants made to small businesses or nonprofit organizations by the ,great ,lakes ,state2 7,,ii7 by contracts entered into by small businesses or nonprofit organizations 7or labor unions representing the employees of small businesses or nonprofit organizations7 with the ,great ,lakes ,state2 and 7,,iii7 by subcontracts entered into by small businesses or nonprofit organizations 7or labor unions representing the employees of small businesses or nonprofit organizations7 with the recipients of subgrants made by the ,great ,lakes ,state4 7#d7 ,priority for certain programs and activities ,in selecting programs and activities to be funded using amounts made available under this section1 a ,great ,lakes ,state shall give priority to programs and activities that reduce or eliminate bypasses 7as defined in section #djb7t77#a77 or combined sewer overflows4 7#e7 ,low-income communities ,a ,great ,lakes ,state is encouraged to use any amounts awarded to the ,great ,lakes ,state under the ,program to fund green infrastructure projects located in low-income communities4 7g7 ,cost share 7#a7 ,in general ,in awarding a grant to a ,great ,lakes ,state under the ,program for programs and activities1 the ,administrator may require the ,great ,lakes ,state to pay up to #ej percent of the costs of the programs and activities funded by the grant4 7#b7 ,in-kind support ,in-kind support for a program or activity1 including staff time1 provided by a ,great ,lakes ,state shall count toward the share of costs required to be paid by the ,great ,lakes ,state under paragraph 7#a74 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #bej1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 4