Requires architectural and engineering contracts to be awarded consistent with procedures under the Federal Property and Administrative Services Act of 1949 or an equivalent State qualifications-based requirement.
Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.
Requires revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; and (4) financially distressed communities.
Revises requirements related to consistency with plans and eligibility of treatment works not considered publicly owned.
Requires States to make grants to financially distressed communities in any fiscal year in which the Administrator has more than $1.4 billion available for obligation and allows a State to give priority to such communities in making loans.
Allows a recipient of assistance from a State revolving fund to use the design-build project delivery (single contract) method.
Reauthorizes appropriations for FY 2003 through 2007 for the revolving fund program.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3792 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 3792
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2002
Mrs. Kelly (for herself and Mrs. Tauscher) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, 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; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL
ACT.
(a) In General.--This Act may be cited as the ``Clean Water
Infrastructure and Security Improvement Act of 2002''.
(b) Amendment of Federal Water Pollution Control Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387).
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for
construction'' and all that follows through the period and inserting
``to accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended to read as follows:
``(6) treatment works eligible under section 603(c)(1) of
this Act constructed in whole or in part with funds made
available by a State water pollution control revolving fund
under this title and section 205(m) of this Act will meet the
requirements of section 513 of this Act in the same manner as
treatment works constructed with assistance under title II of
this Act;''.
(b) Architectural and Engineering Contracts.--Section 602(b) (33
U.S.C. 1382(b)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) the State will require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using amounts from
the fund will be awarded in the same way that a contract for
architectural and engineering services is awarded under title
IX of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 541 et seq.), or an equivalent qualifications-
based requirement prescribed by the State, except that such an
award shall not be construed as conferring a proprietary
interest upon the United States.''.
(c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is
amended by adding at the end the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, and after providing
notice and opportunity for public comment, the Administrator
shall publish a manual to assist small systems in obtaining
assistance under this title and publish in the Federal Register
notice of the availability of the manual.
``(3) Small system defined.--For purposes of this title,
the term `small system' means a system for which a municipality
or intermunicipal, interstate, or State agency seeks assistance
under this title and which serves a population of 10,000 or
less.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C.
1383(c)) is amended to read as follows:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The amounts of funds available to each
State water pollution control revolving fund shall be used only
for providing financial assistance to activities that have as a
principal benefit the improvement or protection of water
quality of navigable waters to a municipality, intermunicipal
agency, interstate agency, State agency, or other person. Such
activities may include the following:
``(A) Construction of a publicly owned treatment
works.
``(B) Implementation of lake protection programs
and projects under section 314.
``(C) Implementation of a management program under
section 319.
``(D) Implementation of a conservation and
management plan under section 320.
``(E) Restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights.
``(F) Implementation of measures to promote
beneficial reuse of wastewater.
``(G) Development and implementation of plans by a
public recipient to prevent water pollution.
``(H) Acquisition of lands necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(I) Implementation of measures to enhance the
security of publicly owned treatment works.
``(2) Fund amounts.--The water pollution control revolving
fund of a State shall be established, maintained, and credited
with repayments, and the fund balance shall be available in
perpetuity for providing financial assistance described in
paragraph (1). Fees charged by a State to recipients of such
assistance may be deposited in the fund for the sole purpose of
financing the cost of administration of this title.''.
(b) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is
amended to read as follows:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies.''.
(c) Administrative Expenses.--Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the
following: ``or $400,000 per year or \1/2\ percent per year of the
current valuation of such fund, whichever is greater, plus the amount
of any fees collected by the State for such purpose under subsection
(c)(2)''.
(d) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title; and''.
(e) Grants to Financially Distressed Communities.--Section 603(d)
(33 U.S.C. 1383(d)) is further amended by adding at the end the
following:
``(9) to make grants to financially distressed communities
in the State in the amounts specified in subsection (i).''.
(f) Consistency With Planning Requirements.--Section 603(f) (33
U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting
``is not inconsistent''.
(g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is
amended to read as follows:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from its water pollution control revolving
fund with respect to a project for construction of a publicly
owned treatment works only if such project is on the State's
priority list under section 216 of this Act without regard to
the rank of such project on the State's priority list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Financially Distressed Communities.--Section 603 is amended by
adding at the end the following:
``(i) Financially Distressed Communities.--
``(1) Grants.--
``(A) In general.--In any fiscal year in which the
Administrator has available for obligation more than
$1,400,000,000 for the purposes of this title, a State
shall make grants to financially distressed communities
in the State in an amount equal to 25 percent of the
difference between--
``(i) the total amount that would have been
allotted to the State under section 604 for
such fiscal year if the amount available to the
Administrator for obligation under this title
for such fiscal year had been equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for such fiscal year.
``(B) Period of availability.--Notwithstanding
section 604(c), amounts to be used by a State under
this paragraph for making grants to financially
distressed communities shall remain available to the
State until expended.
``(C) Certification.--A State may make a grant to a
financially distressed community under this paragraph
only if the community certifies to the State that the
amounts of the grant will be used to improve water
quality.
``(2) Priority for loans.--A State may give priority to a
financially distressed community in making loans from its water
pollution control revolving fund.
``(3) Financially distressed community defined.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria established by the
State in which the treatment works is located, if such criteria
are developed after public review and comment.
``(4) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (3).''.
(i) Design-Build.--Section 603 is further amended by adding at the
end the following:
``(j) Design-Build.--
``(1) In general.--To the extent permitted by State law, a
recipient of financial assistance from a State's water
pollution control revolving fund may use the design-build
project delivery method for any project for the design and
construction of a publicly owned treatment works or other
infrastructure facility receiving such assistance.
``(2) Selection procedures.--In carrying out a project
using the design-build project delivery method, a recipient
described in paragraph (1) shall use the design-build selection
procedures established under section 303M of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253m).
``(3) Design-build defined.--In this subsection, the term
`design-build' means an agreement between a recipient described
in paragraph (1) and a contractor that provides for the design
and construction of a publicly owned treatment works or other
infrastructure facility under a single contract.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387) is amended by striking paragraphs (1)
through (5) and inserting the following:
``(1) $3,000,000,000 for fiscal year 2003;
``(2) $4,000,000,000 for fiscal year 2004;
``(3) $5,000,000,000 for fiscal year 2005;
``(4) $6,000,000,000 for fiscal year 2006; and
``(5) $7,000,000,000 for fiscal year 2007.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
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