[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2210 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2210
To amend the Federal Water Pollution Control Act to prohibit sewage
dumping into the Great Lakes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2019
Ms. Duckworth (for herself and Mr. Durbin) introduced the following
bill; 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 Lakes, 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.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. RESTRICTION ON WASTEWATER RELEASES INTO THE GREAT LAKES SYSTEM.
(a) In General.--
(1) Restriction.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at
the end the following:
``(t) Restriction on Wastewater Releases Into the Great Lakes
System.--
``(1) Definitions.--In this subsection:
``(A) Bypass.--The term `bypass' means, with
respect to a treatment facility that discharges into
the Great Lakes System, an intentional diversion of
waste streams from any portion of the treatment
facility.
``(B) Great lakes system.--The term `Great Lakes
System' has the meaning given the term in section
118(a)(3).
``(C) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(D) Treatment works.--The term `treatment works'
has the meaning given the term in section 212.
``(2) Restriction.--A publicly owned treatment works that
discharges into the Great Lakes System is prohibited from
performing a bypass unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with paragraph (4); or
``(B) the bypass--
``(i) does not cause effluent limitations
to be exceeded; and
``(ii) is for essential maintenance to
ensure efficient operation of the treatment
facility.
``(3) Limitation.--The requirement of paragraph (2)(A)(ii)
is not satisfied if--
``(A) adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent the bypass; and
``(B) the bypass occurred during normal periods of
equipment downtime or preventive maintenance.
``(4) Immediate notice requirements.--
``(A) In general.--The Administrator shall work
with States having publicly owned treatment works
subject to paragraph (2) to create immediate notice
requirements in the event of a bypass or a combined
sewer overflow that provide for the method, contents,
and requirements for public availability of the notice.
``(B) Minimum initial notice requirements.--At a
minimum, the contents of the immediate notice under
subparagraph (A) shall include--
``(i) the exact dates and times of the
bypass or combined sewer overflow;
``(ii) the volume of the bypass or combined
sewer overflow; and
``(iii) a description of any public access
areas impacted.
``(C) Additional requirements.--The Administrator
and States described in subparagraph (A) shall--
``(i) ensure that the minimum requirements
under subparagraph (B) are consistent for all
those States;
``(ii) establish follow-up notice
requirements that provide a full description of
each event (including water quality data), the
cause, and plans to prevent reoccurrence; and
``(iii) establish requirements for making
publicly available, including on the website of
the Administrator, a list of each treatment
works from which the Administrator or the State
received a follow-up notice, along with the
information required under clause (ii) for each
event that required a follow-up notice.
``(5) Implementation.--Not later than 2 years after the
date of enactment of this subsection, the Administrator shall
establish procedures to implement this subsection.''.
(2) Conforming amendment.--Section 425 of division G of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 33
U.S.C. 1268 note) is repealed.
(b) Great Lakes Green Infrastructure Development Grant Program.--
Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et
seq.) is amended--
(1) by redesignating section 520 (33 U.S.C. 1251 note) as
section 521; and
(2) by inserting after section 519 (33 U.S.C. 1377a) the
following:
``SEC. 520. ESTABLISHMENT OF GREAT LAKES GREEN INFRASTRUCTURE
DEVELOPMENT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Great lakes states; great lakes system.--The terms
`Great Lakes States' and `Great Lakes System' have the meanings
given the terms in section 118(a)(3).
``(2) Green infrastructure.--The term `green
infrastructure' has the meaning given the term in section 502.
``(3) Low-income community.--The term `low-income
community' has the meaning given the term in section 45D(e) of
the Internal Revenue Code of 1986.
``(4) Program.--The term `Program' means the Great Lakes
Green Infrastructure Development Grant Program established
under subsection (b).
``(5) Small business.--The term `small business' means a
small business concern (as defined under section 3 of the Small
Business Act (15 U.S.C. 632)).
``(b) Establishment of Program.--Not later than 1 year after the
date of enactment of the Great Lakes Water Protection Act, the
Administrator shall establish a grant program, to be known as the
`Great Lakes Green Infrastructure Grant Program', under which the
Administrator shall make grants to Great Lakes States to fund programs
and activities to develop green infrastructure projects.
``(c) Application.--
``(1) In general.--Each Great Lakes State desiring a grant
under the Program shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require.
``(2) Assessment of need and urgency.--Each application
under paragraph (1) 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 Program,
as compared to other programs and activities for which the
Great Lakes State desires a grant under the Program during the
same fiscal year, including an explanation of the reasons for
any determination of relative need and urgency.
``(d) Allocation of Grant Awards.--
``(1) Allocation among great lakes states.--
``(A) In general.--For each fiscal year, in
awarding grants under the Program, 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 State, as determined by the most
recent Clean Watersheds Needs Survey carried out by the
Administrator pursuant to section 516(b).
``(B) Unawarded amounts.--If the Secretary does not
award to a Great Lakes State the maximum amount
available to the Great Lakes State under subparagraph
(A) for a fiscal year, the Secretary shall make the
remaining amounts for that fiscal year available to the
Great Lakes State in subsequent fiscal years.
``(2) Priority for certain projects.--
``(A) In general.--In awarding grants to a Great
Lakes State under the Program, the Administrator shall
give priority to applications to fund programs and
activities that present the greatest need and urgency,
as determined by the Administrator.
``(B) Consideration of state assessment of need and
urgency.--In making a determination of need and urgency
under subparagraph (A), the Secretary shall take into
consideration each applicable assessment of relative
need and urgency prepared by the Great Lakes State
under subsection (c)(2).
``(e) 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
projects.
``(f) Allocation of Grant Funds Received by Great Lakes States.--
``(1) In general.--Of any amounts awarded to a Great Lakes
State under the Program, the Great Lakes State shall ensure
that--
``(A) not less than 50 percent of those amounts are
used for--
``(i) capital expenditures relating to
green infrastructure projects, including any
expenses for cost estimates or project planning
and design; and
``(ii) materials associated with capital
expenditures relating to green infrastructure
projects, such as rain garden soils;
``(B) not less than 25 percent of those amounts are
used for operations and maintenance of green
infrastructure, including any expenses for developing
operations and maintenance cost estimates; and
``(C) not more than 25 percent of those amounts are
used for green infrastructure workforce training,
except that, in the case of a workforce training
program that provides dedicated maintenance labor for
green infrastructure, amounts expended for green
infrastructure workforce training may be considered to
be amounts expended for operations and maintenance
under subparagraph (B).
``(2) 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 (1)(B)
for a total period of not more than 3 years.
``(3) Small businesses.--
``(A) In general.--A Great Lakes State shall ensure
that not less than 23 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--
``(i) to construct green infrastructure
projects; or
``(ii) to operate and maintain green
infrastructure projects.
``(B) Permissible activities.--
``(i) In general.--The requirements under
subparagraph (A) may be satisfied--
``(I) by subgrants made to small
businesses or nonprofit organizations
by the Great Lakes State;
``(II) by contracts entered into by
small businesses or nonprofit
organizations (or labor unions
representing the employees of small
businesses or nonprofit organizations)
with the Great Lakes State; and
``(III) by subcontracts entered
into by small businesses or nonprofit
organizations (or labor unions
representing the employees of small
businesses or nonprofit organizations)
with the recipients of subgrants made
by the Great Lakes State.
``(4) Priority for certain programs and activities.--In
selecting programs and activities to be funded using amounts
made available under this section, a Great Lakes State shall
give priority to programs and activities that reduce or
eliminate bypasses (as defined in section 402(t)(1)) or
combined sewer overflows.
``(5) 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 communities.
``(g) Cost Share.--
``(1) In general.--In awarding a grant to a Great Lakes
State under the Program for programs and activities, the
Administrator may require the Great Lakes State to pay up to 50
percent of the costs of the programs and activities funded by
the grant.
``(2) In-kind support.--In-kind support for a program or
activity, including staff time, provided by a Great Lakes State
shall count toward the share of costs required to be paid by
the Great Lakes State under paragraph (1).
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$250,000,000 for each of fiscal years 2021 through 2025, to remain
available until expended.''.
<all>
Great Lakes Water Protection Act
#2210 | S Congress #116
Policy Area: Environmental Protection
Subjects: Economic developmentEnvironmental regulatory proceduresGreat LakesIllinoisIndianaInfrastructure developmentIntergovernmental relationsLakes and riversMichiganMinnesotaNew York StateOhioPennsylvaniaPoverty and welfare assistanceSmall businessSocial work, volunteer service, charitable organizationsSolid waste and recyclingState and local government operationsWater quality
Last Action: Read twice and referred to the Committee on Environment and Public Works. (7/23/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text