Water Quality Protection and Job Creation Act of 2021
This bill addresses water infrastructure and the discharge of pollution (e.g., wastewater or stormwater) into waters of the United States, including by reauthorizing through FY2026 and revising the Clean Water State Revolving Fund (SRF) program. The clean water SRF program provides communities low-cost financing for water quality infrastructure projects.
To amend the Federal Water Pollution Control Act to reauthorize certain 
       water pollution control programs, and for other purposes.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Water Quality 
Protection and Job Creation Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Wastewater infrastructure workforce investment.
Sec. 3. Technical assistance to rural, small, and Tribal 
                            municipalities.
Sec. 4. State management assistance.
Sec. 5. Watershed, wet weather, and resiliency projects.
Sec. 6. Waiver of matching requirement for grants to District of 
                            Columbia.
Sec. 7. Pilot program for alternative water source projects.
Sec. 8. Sewer overflow and stormwater reuse municipal grants.
Sec. 9. Grants for the treatment of emerging contaminants.
Sec. 10. Household wastewater grant program.
Sec. 11. Smart wastewater infrastructure technology grant program.
Sec. 12. Reports to Congress.
Sec. 13. Indian Tribes.
Sec. 14. Capitalization grants.
Sec. 15. Water pollution control revolving loan funds.
Sec. 16. Allotment of funds.
Sec. 17. Reservation of funds for territories of the United States.
Sec. 18. Authorization of appropriations.
Sec. 19. Technical assistance by Municipal Ombudsman.
Sec. 20. Report on wastewater infrastructure funding for rural, 
                            economically disadvantaged, and Tribal 
                            communities.
Sec. 21. Water Reuse Interagency Working Group.

SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.

    Section 104(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(g)) is amended--
            (1) in paragraph (1), by striking ``manpower'' each place 
        it appears and inserting ``workforce''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Report to congress on publicly owned treatment works 
        workforce development.--Not later than 2 years after the date 
        of enactment of the Water Quality Protection and Job Creation 
        Act of 2021, the Administrator, in consultation with the 
        Secretary of Labor, shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report containing--
                    ``(A) an assessment of the current and future 
                workforce needs for publicly owned treatment works, 
                including an estimate of the number of future positions 
                needed for such treatment works and the technical 
                skills and education needed for such positions;
                    ``(B) a summary of actions taken by the 
                Administrator, including Federal investments under this 
                chapter, that promote workforce development to address 
                such needs; and
                    ``(C) any recommendations of the Administrator to 
                address such needs.''.

SEC. 3. TECHNICAL ASSISTANCE TO RURAL, SMALL, AND TRIBAL 
              MUNICIPALITIES.

    (a) Reauthorization.--Section 104(u) of the Federal Water Pollution 
Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``and (7)'' and inserting ``(7)'';
            (2) by striking ``2023'' and inserting ``2021''; and
            (3) by inserting ``; and (8) not to exceed $100,000,000 for 
        each of fiscal years 2022 through 2026 for carrying out 
        subsections (b)(3), (b)(8), and (g), except that not less than 
        half of the amounts so appropriated to carry out such 
        subsections in each such fiscal year shall be used for carrying 
        out subsection (b)(8)'' before the period at the end.
    (b) Communication.--A nonprofit organization receiving a grant 
under section 104(b)(8) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(b)(8)) shall, prior to carrying out an activity using such 
grant funds, consult with the State in which such activity is to be 
carried out.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall submit to Congress a report that describes the implementation of 
the grants made under subsections (b)(3), (b)(8), and (g) of section 
104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) during 
the 2 fiscal years preceding the date of the report, including a 
description of the recipients and amounts of such grants.

SEC. 4. STATE MANAGEMENT ASSISTANCE.

    (a) Authorization of Appropriations.--Section 106(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1); and
            (2) by inserting after paragraph (2) the following:
            ``(3) such sums as may be necessary for each of fiscal 
        years 1991 through 2021; and
            ``(4) $500,000,000 for each of fiscal years 2022 through 
        2026;''.
    (b) Technical Amendment.--Section 106(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking 
``Beginning in fiscal year 1974 the'' and inserting ``The''.

SEC. 5. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.

    (a) Increased Resilience of Treatment Works.--Section 122(a)(6) of 
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is 
amended to read as follows:
            ``(6) Increased resilience of treatment works.--Efforts--
                    ``(A) to assess future risks and vulnerabilities of 
                publicly owned treatment works to manmade or natural 
                disasters, including extreme weather events, drought, 
                and sea level rise; and
                    ``(B) to carry out the planning, design, or 
                construction of projects, on a systemwide or areawide 
                basis, to increase the resilience of publicly owned 
                treatment works through--
                            ``(i) the conservation of water or the 
                        enhancement of water use efficiency;
                            ``(ii) the enhancement of wastewater 
                        (including stormwater) management by increasing 
                        watershed preservation and protection, 
                        including through--
                                    ``(I) the use of green 
                                infrastructure; or
                                    ``(II) the reclamation and reuse of 
                                wastewater (including stormwater), such 
                                as through aquifer recharge zones;
                            ``(iii) the modification or relocation of 
                        an existing publicly owned treatment works at 
                        risk of being significantly impaired or damaged 
                        by a manmade or natural disaster;
                            ``(iv) the enhancement of energy 
                        efficiency, or the use or generation of 
                        recovered or renewable energy, in the 
                        management, treatment, or conveyance of 
                        wastewater (including stormwater); or
                            ``(v) other activities that the 
                        Administrator determines will address 
                        identified vulnerabilities to manmade or 
                        natural disasters, including activities to 
                        address cybersecurity vulnerabilities of 
                        publicly owned treatment works.''.
    (b) Requirements; Authorization of Appropriations.--Section 122 of 
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Requirements.--The requirements of section 608 shall apply to 
any construction, alteration, maintenance, or repair of treatment works 
carried out using a grant under this section.
    ``(d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, or for economically disadvantaged communities (as 
defined in section 20 of the Water Quality Protection and Job Creation 
Act of 2021), to the extent there are sufficient eligible applications.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2022 through 2026.''.
    (c) Technical and Conforming Amendments.--
            (1) Watershed pilot projects.--Section 122 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1274) is amended--
                    (A) in the section heading, by striking ``watershed 
                pilot projects'' and inserting ``watershed, wet 
                weather, and resiliency projects''; and
                    (B) by striking ``pilot'' each place it appears.
            (2) Water pollution control revolving loan funds.--Section 
        603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(c)(7)) is amended by striking ``watershed''.

SEC. 6. WAIVER OF MATCHING REQUIREMENT FOR GRANTS TO DISTRICT OF 
              COLUMBIA.

    Section 202(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1282(a)) is amended by adding at the end the following:
    ``(5) Notwithstanding any other provision of this subsection, in 
the case of a project for a treatment works in the District of 
Columbia, such a project shall be eligible for grants at 100 percent of 
the cost of construction thereof.''.

SEC. 7. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Limitation on eligibility.--A project that has 
        received construction funds under the Reclamation Projects 
        Authorization and Adjustment Act of 1992 shall not be eligible 
        for grant assistance under this section.''; and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).
    (b) Committee Resolution Procedure; Assistance.--Section 220 of the 
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to eligible entities for projects 
designed to serve fewer than 10,000 individuals, to the extent there 
are sufficient eligible applications.''.
    (c) Requirements.--Section 220 of the Federal Water Pollution 
Control Act (33 U.S.C. 1300) is amended by redesignating subsections 
(i) and (j) as subsections (j) and (k), respectively, and inserting 
after subsection (h) the following:
    ``(i) Requirements.--The requirements of section 608 shall apply to 
any construction of an alternative water source project carried out 
using assistance made available under this section.''.
    (d) Definitions.--Section 220(j)(1) of the Federal Water Pollution 
Control Act (as redesignated by subsection (c) of this section) is 
amended by striking ``or by treating wastewater'' and inserting 
``(including stormwater), or by treating wastewater (including 
stormwater) for groundwater recharge, potable reuse, or other 
purposes''.
    (e) Authorization of Appropriations.--Section 220(k) of the Federal 
Water Pollution Control Act (as redesignated by subsection (c) of this 
section) is amended by striking ``a total of $75,000,000 for fiscal 
years 2002 through 2004'' and inserting ``$200,000,000 for each of 
fiscal years 2022 through 2026''.

SEC. 8. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) in subsection (c), by striking ``subsection (b),'' each 
        place it appears and inserting ``this section,'';
            (2) in subsection (d)--
                    (A) by striking ``The Federal share'' and inserting 
                the following:
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share''; and
                    (B) by striking ``The non-Federal share'' and 
                inserting the following:
                    ``(B) Financially distressed communities.--The 
                Federal share of the cost of activities carried out 
                using amounts from a grant made to a financially 
                distressed community under subsection (a) shall be not 
                less than 75 percent of the cost.
            ``(2) Non-federal share.--The non-Federal share'';
            (3) in subsection (e), by striking ``section 513'' and 
        inserting ``section 513, or the requirements of section 608,''; 
        and
            (4) in subsection (f)--
                    (A) in paragraph (1), by inserting ``, and 
                $400,000,000 for each of fiscal years 2022 through 
                2026'' before the period at the end; and
                    (B) by adding at the end the following:
            ``(3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted to 
        municipalities in a State, not less than 20 percent is granted 
        to municipalities with a population of less than 20,000, to the 
        extent there are sufficient eligible applications.''.

SEC. 9. GRANTS FOR THE TREATMENT OF EMERGING CONTAMINANTS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 222. EMERGING CONTAMINANTS.

    ``(a) In General.--The Administrator shall award grants to owners 
of publicly owned treatment works to be used for the implementation of 
a pretreatment standard or effluent limitation developed pursuant to 
this Act for the introduction into a treatment works, or the discharge 
of, any pollutant that is a perfluoroalkyl or polyfluoroalkyl substance 
or any pollutant identified by the Administrator as a contaminant of 
emerging concern.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2022 through 2026.''.

SEC. 10. HOUSEHOLD WASTEWATER GRANT PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is further amended by adding at the end the following:

``SEC. 223. HOUSEHOLD WASTEWATER GRANT PROGRAM.

    ``(a) Establishment.--The Administrator shall establish a program 
to provide grants to municipalities or qualified nonprofit entities to 
provide assistance to eligible individuals--
            ``(1) for the construction, repair, or replacement of an 
        individual household decentralized wastewater treatment system;
            ``(2) for the construction of a decentralized wastewater 
        treatment system designed to provide wastewater treatment for 2 
        or more households in which eligible individuals reside, if--
                    ``(A) such a decentralized wastewater treatment 
                system could be cost-effectively constructed; and
                    ``(B) site conditions at such households are 
                unsuitable for the construction of an individual 
                household decentralized wastewater treatment system; or
            ``(3) in a case in which an eligible individual resides in 
        a household that could be cost-effectively connected to an 
        available publicly owned treatment works, for the connection of 
        the applicable household to such treatment works.
    ``(b) Application.--To be eligible to receive a grant under this 
subsection, a municipality or qualified nonprofit entity shall submit 
to the Administrator an application at such time, in such manner, and 
containing such information as the Administrator determines to be 
appropriate.
    ``(c) Priority.--In providing grants under this section, the 
Administrator shall, to the maximum extent practicable, prioritize 
applications for activities that will assist eligible individuals 
residing in households that are not connected to a system or technology 
designed to treat domestic sewage, including eligible individuals using 
household cesspools.
    ``(d) Administrative Expenses.--
            ``(1) In general.--Of the amounts made available under 
        subsection (h), the Administrator may use not more than 2 
        percent for administrative costs.
            ``(2) Individual grants.--A municipality or qualified 
        nonprofit entity may use grant funds provided under this 
        section to pay the administrative expenses associated with the 
        provision of the assistance to eligible individuals under this 
        section, as the Administrator determines to be appropriate.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of this section, 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 a 
report describing the recipients of grants and assistance under this 
section and the results of the program established under this section.
    ``(f) Application of Other Requirements.--The requirements of 
sections 513 and 608 shall apply to any project for the construction, 
repair, or replacement of a decentralized wastewater treatment system, 
or for the connection of a household to a treatment works, for which 
assistance is received under this section.
    ``(g) Definitions.--In this section:
            ``(1) Eligible individual.--The term `eligible individual' 
        has the meaning given that term in section 603(j).
            ``(2) Qualified nonprofit entity.--The term `qualified 
        nonprofit entity' means an entity determined by the 
        Administrator to be a qualified nonprofit entity for purposes 
        of section 603(c)(12).
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $50,000,000 
for each of fiscal years 2022 through 2026.''.

SEC. 11. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is further amended by adding at the end the following:

``SEC. 224. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY GRANT PROGRAM.

    ``(a) Grants.--The Administrator shall establish a program to 
provide grants to municipalities for projects for the planning, design, 
and construction, at publicly owned treatment works, of--
            ``(1) intelligent sewage or stormwater collection systems, 
        including such collection systems that incorporate technologies 
        that rely on--
                    ``(A) real-time monitoring (including through 
                sensors), embedded intelligence, and predictive 
                maintenance capabilities that improve the energy 
                efficiency, reliability, and resiliency of treatment 
                works; and
                    ``(B) the use of artificial intelligence and other 
                intelligent optimization tools that reduce operational 
                costs, including operational costs relating to energy 
                consumption and chemical treatment; or
            ``(2) innovative and alternative combined storm and 
        sanitary sewer projects, including groundwater recharge, that 
        rely on real-time data acquisition to support predictive 
        aquifer recharge through water reuse and stormwater management 
        capabilities.
    ``(b) Assistance.--The Administrator shall use not less than 20 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, to the extent there are sufficient eligible 
applications.
    ``(c) Cost Share.--
            ``(1) In general.--The non-Federal share of the costs of an 
        activity carried out using a grant under this section shall be 
        25 percent.
            ``(2) Exception.--The Administrator may waive the cost-
        sharing requirement of paragraph (1) if the Administrator 
        determines that the municipality meets the affordability 
        criteria established under section 603(i)(2) by the State in 
        which the municipality is located.
    ``(d) Program Implementation.--
            ``(1) Guidance.--Not later than 30 days after the date of 
        enactment of this section, the Administrator shall issue 
        guidance to municipalities on how to apply for a grant under 
        this section.
            ``(2) Decision on applications.--Not later than 30 days 
        after the date on which the Administrator receives an 
        application for a grant under this section, the Administrator 
        shall determine whether to provide such grant.
            ``(3) Application deficiency.--If the Administrator 
        determines that an application for a grant under this section 
        is incomplete, the Administrator shall notify the applicant and 
        provide the applicant the opportunity to resubmit the 
        application.
            ``(4) Consideration.--In determining whether to provide a 
        grant under this section, the Administrator shall consider the 
        potential positive effects of the project on water quality.
    ``(e) Compliance With Buy America.--The requirements of section 608 
shall apply to any project for construction for which assistance is 
received under this section.
    ``(f) Report to Congress.--Not later than 180 days after the date 
of enactment of this section, and annually thereafter, the 
Administrator shall submit to Congress a report describing projects 
funded under this section, any related improvement of the resiliency of 
publicly owned treatment works, and recommendations to improve the 
grant program established under this section.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated $500,000,000 to carry out this section, to remain 
available until expended.''.

SEC. 12. REPORTS TO CONGRESS.

    (a) Biennial Estimates.--Section 516(b)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended by striking 
``(B) a detailed estimate, biennially revised, of the cost of 
construction of all needed publicly owned treatment works in all of the 
States and of the cost of construction of all needed publicly owned 
treatment works in each of the States;'' and inserting ``(B) a detailed 
estimate, biennially revised, of the cost of construction of all 
planned publicly owned treatment works in all of the States and all 
needed publicly owned treatment works in all of the States, and the 
cost of construction of all planned publicly owned treatment works in 
each of the States and all needed publicly owned treatment works in 
each of the States, which estimates shall include (i) the cost of 
construction to rehabilitate or upgrade all existing publicly owned 
treatment works (excluding any pipe or other device or system for the 
conveyance of wastewater), every 20 years, including the costs to 
implement measures necessary to address the resilience and 
sustainability of publicly owned treatment works to manmade or natural 
disasters, and (ii) the cost of construction to replace 10 percent of 
existing publicly owned pipes and other devices and systems for the 
conveyance of wastewater to such treatment works over the 20-year 
period following the date of the estimate;''.
    (b) Annual Report on Use of Funds.--Section 516 of the Federal 
Water Pollution Control Act (33 U.S.C. 1375) is amended by adding at 
the end the following:
    ``(f) Annual Report on Use of Funds.--Not later than 18 months 
after the date of enactment of this subsection, and annually 
thereafter, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report 
that--
            ``(1) identifies projects that are--
                    ``(A) described in clause (i) or (ii) of section 
                602(b)(15)(A); and
                    ``(B) carried out using funds made available under 
                or pursuant to section 221 or title VI; and
            ``(2) identifies, to the extent practicable, the costs and 
        benefits of such projects, including any potential short- and 
        long-term cost savings to publicly owned treatment works and 
        any environmental and community benefits of implementing such 
        projects.''.

SEC. 13. INDIAN TRIBES.

    (a) In General.--Section 518(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1377(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--For each fiscal year, the Administrator 
        shall reserve, of the funds made available to carry out title 
        VI (before allotments to the States under section 604(a)), the 
        greater of--
                    ``(A) 2 percent of such funds; or
                    ``(B) $30,000,000.
            ``(2) Use of funds.--
                    ``(A) Grants.--Funds reserved under this subsection 
                shall be available only for grants to entities 
                described in paragraph (3) for--
                            ``(i) projects and activities eligible for 
                        assistance under section 603(c); and
                            ``(ii) training, technical assistance, and 
                        educational programs relating to the operation 
                        and management of treatment works eligible for 
                        assistance pursuant to section 603(c).
                    ``(B) Limitation.--Not more than $2,000,000 of such 
                reserved funds may be used for grants under 
                subparagraph (A)(ii).''; and
            (2) in paragraph (3)--
                    (A) in the header, by striking ``Use of funds'' and 
                inserting ``Eligible entities''; and
                    (B) by striking ``for projects and activities 
                eligible for assistance under section 603(c) to serve'' 
                and inserting ``to''.
    (b) Additional Assistance.--
            (1) Authorization of appropriations.--In addition to 
        amounts otherwise made available under title VI of the Federal 
        Water Pollution Control Act (33 U.S.C. 1381 et seq.), there is 
        authorized to be appropriated $500,000,000 for each of fiscal 
        years 2022 through 2026 to make grants, in cooperation with the 
        Director of the Indian Health Service, to entities described in 
        section 518(c)(3) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1377) for--
                    (A) projects and activities eligible for assistance 
                under section 603(c) of such Act (33 U.S.C. 1383); and
                    (B) training, technical assistance, and educational 
                programs related to the operation and management of 
                treatment works eligible for assistance pursuant to 
                such section 603(c).
            (2) No matching requirement.--The Administrator may not 
        require an entity receiving a grant under paragraph (1) to 
        provide, as a condition of receiving such grant, a share of the 
        cost of the project or activity for which such grant was made.
            (3) Limitation.--Not more than $2,000,000 of amounts made 
        available in a fiscal year to carry out this subsection may be 
        used for grants under paragraph (1)(B).
            (4) Application of other requirements.--The requirements of 
        sections 513 and 608 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1372, 1388) shall apply to any project for the 
        construction, alteration, maintenance, or repair of treatment 
        works for which a grant is received under paragraph (1).

SEC. 14. CAPITALIZATION GRANTS.

    (a) Specific Requirements.--Section 602(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1382(b)) is amended--
            (1) in paragraph (13)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``and energy conservation'' and inserting ``and 
                efficient energy use (including through the 
                implementation of technologies to recover and reuse 
                energy produced in the treatment of wastewater)''; and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and'' ; and
            (3) by adding at the end the following:
            ``(15) to the extent there are sufficient projects or 
        activities eligible for assistance from the fund, with respect 
        to funds for capitalization grants received by the State under 
        this title and section 205(m)--
                    ``(A) the State will use--
                            ``(i) not less than 15 percent of such 
                        funds for green infrastructure, water or energy 
                        efficiency improvements, or other 
                        environmentally innovative activities; and
                            ``(ii) not less than 5 percent of such 
                        funds for projects to increase the resiliency 
                        of treatment works to extreme weather events, 
                        drought, sea level rise, or other impacts of 
                        climate change; and
                    ``(B) the State will use not less than a total of 
                20 percent of such funds for projects described in 
                subparagraph (A).''.
    (b) Corrosion Control.--Section 602 of the Federal Water Pollution 
Control Act (33 U.S.C. 1382) is amended by adding at the end the 
following:
    ``(c) Corrosion Control.--
            ``(1) In general.--To the greatest extent practicable, the 
        Administrator shall encourage the incorporation of corrosion 
        prevention activities in projects and activities carried out 
        using financial assistance provided under or pursuant to this 
        title.
            ``(2) Activities.--In carrying out paragraph (1), the 
        Administrator, to the greatest extent practicable, shall ensure 
        that any recipient of financial assistance under or pursuant to 
        this title--
                    ``(A) carries out any project or activity using 
                such assistance using, as applicable--
                            ``(i) best practices to carry out corrosion 
                        prevention activities in the field;
                            ``(ii) industry-recognized standards and 
                        corrosion mitigation and prevention methods 
                        when--
                                    ``(I) determining protective 
                                coatings;
                                    ``(II) selecting materials; and
                                    ``(III) determining methods of 
                                cathodic protection, design, and 
                                engineering for corrosion prevention;
                            ``(iii) certified coating application 
                        specialists and cathodic protection technicians 
                        and engineers; and
                            ``(iv) best practices in environmental 
                        protection to prevent environmental degradation 
                        and to ensure proper handling of all hazardous 
                        materials; and
                    ``(B) demonstrates, as applicable--
                            ``(i) a history of employing industry-
                        certified inspectors to ensure adherence to 
                        best practices and standards; and
                            ``(ii) a history of compliance with 
                        applicable requirements of the Occupational 
                        Safety and Health Administration.
            ``(3) Corrosion prevention activities defined.--In this 
        subsection, the term `corrosion prevention activities' means--
                    ``(A) the application and inspection of protective 
                coatings for complex work involving steel and 
                cementitious structures, including structures that will 
                be exposed in immersion;
                    ``(B) the installation, testing, and inspection of 
                cathodic protection systems; and
                    ``(C) any other activities related to corrosion 
                prevention the Administrator determines appropriate.''.

SEC. 15. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 
1383) is amended--
            (1) in subsection (c)(10), by inserting ``, including 
        measures to identify and address cybersecurity vulnerabilities 
        of such treatment works'' before the semicolon; and
            (2) in subsection (i)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``, including forgiveness of 
                        principal and negative interest loans'' and 
                        inserting ``(including in the form of 
                        forgiveness of principal, negative interest 
                        loans, or grants)''; and
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``in assistance''; and
                                    (II) in clause (ii)(III), by 
                                striking ``to such ratepayers'' and 
                                inserting ``to help such ratepayers 
                                maintain access to wastewater 
                                (including stormwater) treatment 
                                services''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Subsidization amounts.--
                    ``(A) In general.--A State may use for providing 
                additional subsidization in a fiscal year under this 
                subsection an amount that does not exceed the greater 
                of--
                            ``(i) 50 percent of the total amount 
                        received by the State in capitalization grants 
                        under this title for the fiscal year; or
                            ``(ii) the annual average over the previous 
                        10 fiscal years of the amounts deposited by the 
                        State in the State water pollution control 
                        revolving fund from State moneys that exceed 
                        the amounts required to be so deposited under 
                        section 602(b)(2).
                    ``(B) Minimum.--To the extent there are sufficient 
                applications for additional subsidization under this 
                subsection that meet the criteria under paragraph 
                (1)(A), a State shall use for providing additional 
                subsidization in a fiscal year under this subsection an 
                amount that is not less than 20 percent of the total 
                amount received by the State in capitalization grants 
                under this title for the fiscal year.''.

SEC. 16. ALLOTMENT OF FUNDS.

    (a) Formula.--Section 604(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years 
1989 and 1990'' and inserting ``each fiscal year''.
    (b) Wastewater Infrastructure Workforce Development.--Section 604 
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended 
by adding at the end the following:
    ``(d) Wastewater Infrastructure Workforce Development.--Each fiscal 
year, a State may reserve up to 1 percent of the sums allotted to the 
State under this section for the fiscal year to carry out workforce 
development, training, and retraining activities described in section 
104(g).''.
    (c) Needs Survey.--Section 604 of the Federal Water Pollution 
Control Act (33 U.S.C. 1384) is further amended by adding at the end 
the following:
    ``(e) Needs Survey.--Each fiscal year, a State may reserve up to 
0.5 percent of the sums allotted to the State under this section for 
the fiscal year to carry out activities under section 516(b)(1)(B).''.
    (d) Funds Allotted to Puerto Rico.--Section 604 of the Federal 
Water Pollution Control Act (33 U.S.C. 1384) is further amended by 
adding at the end the following:
    ``(f) Funds Allotted to Puerto Rico.--Notwithstanding any other 
provision of law, no funds allotted to the Commonwealth of Puerto Rico 
under this section may be counted as income or an asset of the owner or 
operator of a publicly owned treatment works receiving such funds, or 
be used, set aside, or otherwise made available for the purposes of 
payment of debt restructuring under the Puerto Rico Oversight, 
Management, and Economic Stability Act (48 U.S.C. 2101 et seq.) by the 
Puerto Rico Financial Oversight and Management Board.''.

SEC. 17. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by striking section 607 and inserting the 
following:

``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    ``(a) In General.--
            ``(1) Reservation.--For each fiscal year, the Administrator 
        shall reserve 1.5 percent of available funds, as determined 
        under paragraph (2).
            ``(2) Available funds.--For purposes of paragraph (1), the 
        amount of available funds for a fiscal year is--
                    ``(A) the amount of funds made available to carry 
                out this title for the fiscal year (before allotments 
                to the States under section 604(a)); less
                    ``(B) the amount of any funds reserved under 
                section 518(c) for the fiscal year.
    ``(b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands for projects and 
activities eligible for assistance under section 603(c).
    ``(c) Limitation.--American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands may not receive funds 
allotted under section 604(a).''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
the following sums:
            ``(1) $8,000,000,000 for fiscal year 2022.
            ``(2) $8,000,000,000 for fiscal year 2023.
            ``(3) $8,000,000,000 for fiscal year 2024.
            ``(4) $8,000,000,000 for fiscal year 2025.
            ``(5) $8,000,000,000 for fiscal year 2026.''.

SEC. 19. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.

    Section 4(b)(1) of the Water Infrastructure Improvement Act (42 
U.S.C. 4370j(b)(1)) is amended to read as follows:
            ``(1) technical and planning assistance to support 
        municipalities, including municipalities that are rural, small, 
        economically disadvantaged, or Tribal communities, in achieving 
        and maintaining compliance with enforceable deadlines, goals, 
        and requirements of the Federal Water Pollution Control Act; 
        and''.

SEC. 20. REPORT ON WASTEWATER INFRASTRUCTURE FUNDING FOR RURAL, 
              ECONOMICALLY DISADVANTAGED, AND TRIBAL COMMUNITIES.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall initiate a study on the distribution of wastewater infrastructure 
funds to rural communities, economically disadvantaged communities, and 
Tribal communities during the 20 fiscal years preceding the date of 
enactment of this Act.
    (b) Requirements.--In carrying out the study under this section, 
the Administrator shall--
            (1) consult with other Federal agencies, State, local, and 
        Tribal governments, owners and operators of publicly owned 
        treatment works, and stakeholder organizations, including 
        organizations with experience in investigating or addressing 
        the wastewater infrastructure needs of rural communities, 
        economically disadvantaged communities, and Tribal communities;
            (2) undertake at least one public meeting in a rural 
        community, in an economically disadvantaged community, and in a 
        Tribal community, to receive testimony from the public;
            (3) examine whether the distribution of wastewater 
        infrastructure funds during the period covered by the study has 
        been in accordance with any applicable executive order or 
        policy regarding environmental justice;
            (4) examine how wastewater infrastructure funds have been 
        distributed with respect to the identified needs of rural 
        communities, economically disadvantaged communities, and Tribal 
        communities, and whether such funds have addressed the needs of 
        such communities equitably when compared to how such funds have 
        been distributed with respect to the identified needs of 
        communities that are not rural, economically disadvantaged, or 
        Tribal; and
            (5) consider any additional factors that the Administrator 
        determines necessary or appropriate to determine whether rural 
        communities, economically disadvantaged communities, and Tribal 
        communities have equitable access to wastewater infrastructure 
        funds to comply with applicable requirements of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    (c) Report to Congress.--Not later than 2 years after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report describing--
            (1) the results of the study carried out under this 
        section; and
            (2) any recommendations to Congress, or to State, local, 
        and Tribal governments, to ensure that rural communities, 
        economically disadvantaged communities, and Tribal communities 
        can equitably access wastewater infrastructure funds in amounts 
        sufficient to address local wastewater infrastructure needs and 
        local water quality challenges.
    (d) Definitions.--In this section:
            (1) Economically disadvantaged community.--The term 
        ``economically disadvantaged community'' means--
                    (A) a municipality that meets the affordability 
                criteria of a State established under section 603(i)(2) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1383(i)(2));
                    (B) a community with respect to which a 
                municipality can demonstrate that households in the 
                community experience significant economic hardship 
                related to wastewater infrastructure; or
                    (C) a community that is located in an area that 
                meets the criteria described in paragraph (1) or (2) of 
                section 301(a) of the Public Works and Economic 
                Development Act of 1965 (42 U.S.C. 3161(a)).
            (2) Municipality; treatment works.--The terms 
        ``municipality'' and ``treatment works'' have the meanings 
        given those terms in section 502 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1362).
            (3) Wastewater infrastructure funds.--The term ``wastewater 
        infrastructure funds'' means funds made available for projects 
        or activities under or pursuant to--
                    (A) title VI of the Federal Water Pollution Control 
                Act (33 U.S.C. 1381 et seq.);
                    (B) section 122 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1274);
                    (C) section 220 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1300); and
                    (D) section 221 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1301).

SEC. 21. WATER REUSE INTERAGENCY WORKING GROUP.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a Water Reuse 
Interagency Working Group to develop and coordinate actions, tools, and 
resources to encourage water reuse across the United States, including 
through the implementation of the National Water Reuse Action Plan, 
consistent with the mission of each Federal agency that is a member of 
the working group.
    (b) Chairperson; Membership.--The working group shall be--
            (1) chaired by the Administrator; and
            (2) comprised of senior representatives from any Federal 
        agency the Administrator determines to be appropriate.
    (c) Duties of the Working Group.--The working group shall--
            (1) annually review the National Water Reuse Action Plan 
        and, as necessary, update such plan;
            (2) encourage the consideration of water reuse as part of 
        integrated water resources management and planning;
            (3) conduct, and submit to Congress and make public, an 
        assessment of opportunities to encourage water reuse and 
        actions necessary to pursue such opportunities;
            (4) seek to coordinate Federal programs and policies to 
        encourage water reuse;
            (5) consider how each Federal agency that is a member of 
        the working group can explore and identify opportunities to 
        encourage water reuse through the programs and activities of 
        each such Federal agency; and
            (6) consult, on a regular basis, with representatives of 
        the water reuse industry, research community, and 
        nongovernmental organizations.
    (d) Report.--Not less frequently than once every 2 years, the 
Administrator shall submit to Congress a report on the activities and 
findings of the working group.
    (e) Sunset.--The working group shall terminate on the date that is 
6 years after the date of enactment of this Act.
    (f) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) National water reuse action plan.--The term ``National 
        Water Reuse Action Plan'' means the document published by the 
        Administrator entitled ``National Water Reuse Action Plan: 
        Collaborative Implementation (Version 1)'', dated February 
        2020, and noticed in the Federal Register on March 3, 2020 (85 
        Fed. Reg. 12552), as updated pursuant to this section.
            (3) Working group.--The term ``working group'' means the 
        Water Reuse Interagency Working Group established under this 
        section.
                                                  Union Calendar No. 48

117th CONGRESS

  1st Session

                               H. R. 1915

                          [Report No. 117-69]

_______________________________________________________________________
Water Quality Protection and Job Creation Act of 2021
To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes.
Water Quality Protection and Job Creation Act of 2021
Water Quality Protection and Job Creation Act of 2021
Rep. DeFazio, Peter A.