,,ii #aafth ,,congress #ast ,session ,s4 #cjdf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjai,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,policy ,act of #bjje to establish a program to provide grants and loan guarantees to improve the energy efficiency of publicly owned wastewater treatment facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wastewater ,efficiency and ,treatment ,act of #bjai4 #b4 ,findings ,congress finds that-- 7#a7 municipalities face high energy costs to operate and maintain the wastewater treatment facilities of the municipalities2 7#b7 energy intensive operations at wastewater treatment facilities can include aeration1 influent pumping1 aerobic digestion1 anaerobic digestion1 building operations1 and other critical components of the waste treatment process2 7#c7 the utility energy costs of a municipality can exceed #cj percent of total energy costs of the municipality2 7#d7 energy costs are part of the calculus in determining ratepayer rates2 7#e7 wastewater treatment facilities that use anaerobic digestion can capture methane for conversion into energy for onsite power production1 heating1 transportation fuel1 export of renewable natural gas or electricity1 and other uses2 7#f7 the process described in paragraph 7#e7 may be enhanced through innovative technologies1 such as codigestion of fats1 oils and grease1 food waste1 and other organic waste2 7#g7 all wastewater treatment facilities1 regardless of type of treatment or size1 can benefit from energy audits and installation of energy efficient components2 7#h7 investment in recovery technologies for use by wastewater treatment facilities may result in-- 7,a7 reduced energy costs for the wastewater treatment facility2 7,b7 improved energy resiliency of the wastewater treatment facility2 and 7,c7 potential revenue generating streams for the municipality that owns the wastewater treatment facility2 7#i7 many existing ,federal programs relating to water infrastructure remain inaccessible because municipality officials and utility managers may not have resources-- 7,a7 to upgrade the infrastructure of the wastewater treatment facilities of the municipality for energy efficiency2 or 7,b7 to transition wastewater treatment facilities of the municipality towards energy resiliency2 and 7#aj7 this ,act will substantially benefit wastewater treatment facilities in the ,united ,states by addressing the gap in funding for wastewater treatment facility projects for large and small municipalities by making loan guarantees and grants available to municipalities to reduce borrowing costs and accelerate water infrastructure investment4 #c4 ,water and ,energy ,efficiency ,program 7a7 ,water and ,energy ,efficiency ,program ,the ,energy ,policy ,act of #bjje is amended by inserting after section #agje 7#db ,u4,s4,c4 #afeaf7 the following3 #agjf4 ,water and ,energy ,efficiency ,program 7a7 ,purpose ,the purpose of this section is to provide grants and guarantees-- 7#a7 to improve energy efficiency1 energy production1 and nutrient recovery at wastewater treatment facilities2 7#b7 to generate energy from waste in the treatment process of wastewater treatment facilities2 and 7#c7 to reduce the energy consumption of eligible municipalities and ,tribes in which wastewater treatment facilities are located4 7b7 ,definitions ,in this section3 7#a7 ,eligible municipality or ,tribe ,the term eligible municipality or ,tribe means a municipality or ,indian ,tribe determined to be eligible under the criteria developed under subsection 7c77#b74 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,program ,the term ,program means the ,water and ,energy ,efficiency ,program established under subsection 7c77#a74 7#d7 ,wastewater treatment facility ,the term wastewater treatment facility has the meaning given the term treatment works in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 7c7 ,establishment 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 notwithstanding section #agjc1 the ,secretary shall establish a program1 to be known as the ,water and ,energy ,efficiency ,program1 to provide-- 7,a7 grants under subsection 7d72 and 7,b7 guarantees under subsection 7e74 7#b7 ,criteria ,the ,secretary shall develop application criteria for providing grants and guarantees under the ,program1 including criteria to determine whether a municipality or ,indian ,tribe is eligible for a grant or guarantee under the ,program4 7d7 ,water efficiency grants 7#a7 ,in general ,under the ,program1 the ,secretary1 acting through the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy1 shall award grants to eligible entities described in paragraph 7#b7 to carry out one or more eligible projects described in paragraph 7#c74 7#b7 ,eligible entities ,an entity eligible to receive a grant under this subsection is a small publicly wastewater treatment facility that serves-- 7,a7 a population of not more than #aj1jjj2 or 7,b7 a disadvantaged community1 as determined by the ,secretary4 7#c7 ,eligible projects ,an eligible project referred to in paragraph 7#a7 is-- 7,a7 a project to carry out an energy efficiency audit of a wastewater treatment facility to identify opportunities in the operations of the wastewater treatment facility-- 7i7 to reduce electrical demand2 or 7ii7 to reduce losses in the wastewater treatment facility system2 and 7,b7 a project to replace equipment or to carry out other small capital projects to update components of a wastewater treatment facility based on the results of an energy efficiency audit of the wastewater treatment facility4 7#d7 ,amount of grant ,the amount of a grant made under this subsection shall not exceed #be1jjj4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #e1jjj1jjj for fiscal year #bjbj and each fiscal year thereafter1 of which not more than #d percent each fiscal year shall be used for administrative costs4 7e7 ,water and energy efficiency guarantees 7#a7 ,in general ,under the ,program1 the ,secretary shall provide guarantees to eligible municipalities and ,tribes to carry out one or more eligible projects described in paragraph 7#b74 7#b7 ,eligible projects ,an eligible project referred to in paragraph 7#a7 is-- 7,a7 a project to convert waste in the treatment process of the wastewater treatment facility into renewable fuels1 biosolids1 or other byproducts1 including-- 7i7 predigestion solids treatment2 7ii7 installation of anaerobic digesters2 7iii7 biogas capture2 7iv7 energy transfer2 7v7 enhanced nutrient recovery2 7vi7 material feedstocks2 7vii7 facility upgrades and retrofits necessary to create or improve waste-to-energy systems2 and 7viii7 other emerging technologies that transform waste to energy2 and 7,b7 a project that is being carried out pursuant to an existing plan that1 as determined by the ,secretary1 will assist in transitioning a wastewater treatment facility towards the use of energy-efficient technologies4 7#c7 ,covered costs ,a guarantee provided under this subsection may be used for-- 7,a7 predevelopment costs associated with the eligible project or existing water and wastewater systems that are part of the eligible project1 including energy assessments2 and 7,b7 construction and equipment costs incurred in carrying out an eligible project under this subsection4 7#d7 ,additional activity ,in providing guarantees under this subsection1 the ,secretary shall promote technologies to reduce pollution in wastewater1 including enhanced nutrient recovery and other innovative technologies4 7f7 ,small-,scale ,extension ,services ,program ,in carrying out the ,program1 the ,secretary shall establish a small-scale extension services program to provide assistance to rural communities through grants1 outreach1 training1 and technical assistance regarding energy-efficient technologies at wastewater treatment facilities in eligible municipalities and ,tribes4 7g7 ,administration 7#a7 ,effect on ,state1 ,tribal1 and local permits ,the provision of a grant or guarantee for an eligible project under the ,program shall not-- 7,a7 relieve any recipient of the grant or guarantee of any obligation to obtain any required ,state1 local1 or ,tribal permit or approval with respect to the project2 7,b7 limit the right of any unit of ,state1 local1 or ,tribal government to approve or regulate any rate of return on private equity invested in the project2 or 7,c7 otherwise supersede any ,state1 local1 or ,tribal law 7including any regulations7 applicable to the construction or operation of the project4 7#b7 ,clean ,water ,act ,nothing in this section precludes1 preempts1 or supersedes any requirement under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the 8,clean ,water ,act074 7h7 ,reports ,as soon as practicable after the end of each fiscal year for which amounts are made available to carry out this section1 the ,secretary shall publish on a dedicated1 publicly accessible internet website information describing-- 7#a7 with respect to that fiscal year-- 7,a7 each application received for assistance under the ,program2 7,b7 a list of the projects selected for assistance under the ,program1 including-- 7i7 a description of each project2 7ii7 the amount of financial assistance provided for each project2 and 7iii7 the basis for the selection of each project with respect to the requirements of this section2 and 7,c7 an overview of technical assistance and outreach activities provided during that fiscal year to-- 7i7 each eligible municipality and ,tribe2 and 7ii7 wastewater treatment facilities serving populations of not more than #aj1jjj2 and 7#b7 the technical assistance and outreach activities proposed to be provided over the next #b fiscal years to the entities described in clauses 7i7 through 7iii7 of paragraph 7#a77;,c74 4 7b7 ,clerical amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjd2 #abc ,stat4 #ade7 is amended by inserting after the item relating to section #agje the following3 ,sec4 #agjf4 ,water and ,energy ,efficiency ,program4 4