I
111th CONGRESS
1st Session
H. R. 2368
IN THE HOUSE OF REPRESENTATIVES
May 12, 2009
Mr. Holt (for himself, Mr. George Miller of California, Mr. Massa, Ms. Bordallo, Mrs. Tauscher, Mr. Blumenauer, Mr. McNerney, Mr. LoBiondo, Mr. Sestak, Mr. Calvert, Mr. Cardoza, Mrs. Napolitano, Mr. Honda, Ms. Zoe Lofgren of California, and Mr. Costa) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Government Reform and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To encourage water efficiency.
Short title
This Act may be cited as the
Water Advanced Technologies for
Efficient Resource Use Act of 2009
.
WaterSense
In general
There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order—
to reduce water use;
to reduce the strain on water, wastewater, and stormwater infrastructure;
to conserve energy used to pump, heat, transport, and treat water; and
to preserve water resources for future generations,
Duties
The Administrator of the Environmental Protection Agency shall—
promote WaterSense labeled products, buildings and landscapes, and services in the market place as the preferred technologies and services for—
reducing water use; and
ensuring product and service performance;
work to enhance public awareness of the WaterSense label through public outreach, education, and other means;
establish and maintain performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts;
publicize the importance of proper installation of WaterSense plumbing products by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and the installation, maintenance, and audit of WaterSense irrigation systems by a WaterSense-certified irrigation professional to ensure optimal performance;
preserve the integrity of the WaterSense label;
regularly review and, when appropriate, update WaterSense criteria for categories of products, buildings and landscapes, and services, at least once every four years;
regularly collect and make available to the public summary data on the production and relative market shares of WaterSense labeled products, buildings and landscapes, and services, at least annually;
regularly estimate and make available to the public the water and energy savings attributable to the use of WaterSense labeled products, buildings and landscapes, and services, at least annually;
solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion);
provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with—
an explanation of changes; and
as appropriate, responses to comments submitted by interested parties;
provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; and
identify and, where appropriate, implement other voluntary approaches, such as labeling waterless devices that perform the same function as a water consuming product or encouraging reuse, reclamation, and recycling technologies, in commercial, institutional, residential, municipal, and industrial sectors to improve water efficiency or lower water use while meeting the performance standards established under paragraph (3).
Authorization of appropriations
There are authorized to be appropriated $7,500,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, $20,000,000 for fiscal year 2012, and $50,000,000 for fiscal year 2013 and each year thereafter, adjusted for inflation, to carry out this section.
Federal procurement of water efficient products
Definitions
In this section:
Agency
The
term agency
has the meaning given that term in section 7902(a)
of title 5, United States Code.
Watersense product or service
The term WaterSense product or
service
means a product or service that is rated for water efficiency
under the WaterSense program.
Watersense program
The term WaterSense program
means the
program established by section 2 of this Act.
FEMP designated product
The term FEMP designated product
means a
product that is designated under the Federal Energy Management Program of the
Department of Energy as being among the highest 25 percent of equivalent
products for efficiency.
Product and service
The terms product
and
service
do not include any water consuming product or service
designed or procured for combat or combat-related missions. The terms also
exclude products or services already covered by the Federal procurement
regulations established under section 553 of the National Energy Conservation
Policy Act (42 U.S.C. 8259b).
Procurement of water efficient products
Requirement
To meet the requirements of an agency for a water consuming product or service, the head of the agency shall, except as provided in paragraph (2), procure—
a WaterSense product or service; or
a FEMP designated product.
Exceptions
The head of an agency is not required to procure a WaterSense product or service or FEMP designated product under paragraph (1) if the head of the agency finds in writing that—
a WaterSense product or service or FEMP designated product is not cost-effective over the life of the product, taking current and future energy, water, and wastewater cost savings into account; or
no WaterSense product or service or FEMP designated product is reasonably available that meets the functional requirements of the agency.
Procurement planning
The head of an agency shall incorporate into the specifications for all procurements involving water consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria used for rating WaterSense products and services and FEMP designated products. The head of an agency shall consider, to the maximum extent practicable, additional measures for reducing agency water consumption, including water reuse, reclamation, and recycling technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-consuming products.
Listing of water efficient products in federal catalogs
WaterSense products and services and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration and the Defense Logistics Agency shall supply only WaterSense products or FEMP designated products for all product categories covered by the WaterSense program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no WaterSense product or FEMP designated product is available to meet the buyer’s functional requirements, or that no WaterSense product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy, water, and wastewater cost savings into account.
Regulations
Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to carry out this section.
Early Adopter Water Efficient Products Incentive Programs
Definitions
In this section:
Administrator
The
term Administrator
means the Administrator of the Environmental
Protection Agency.
Eligible entity
The term eligible entity
means a State
government, local or county government, tribal government, wastewater or sewage
utility, municipal water authority, energy utility, water utility, or nonprofit
organization that meets the requirements of subsection (b).
Incentive program
The term incentive program
means a program
for administering financial incentives for consumer purchase and installation
of residential water efficient products and services as described in subsection
(b)(1).
Residential water efficient product or service
The term residential water efficient
product or service
means a product or service for a single-family or
multifamily residence or its landscape that is rated for water efficiency and
performance—
by the WaterSense program; or
by an incentive program and approved by the Administrator.
Watersense program
The term WaterSense program
means the
program established by section 2 of this Act.
Eligible entities
An entity shall be eligible to receive an allocation under subsection (c) if the entity—
establishes (or has established) an incentive program to provide rebates, vouchers, other financial incentives, or direct installs to consumers for the purchase and installation of residential water efficient products or services;
submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and
provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program.
Amount of allocations
In general
Subject to paragraph (2), for each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d) taking into consideration—
the population served by the eligible entity in the most recent calendar year for which data are available;
the targeted population of the eligible entity's incentive program, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population;
for existing programs, the effectiveness of the incentive program in encouraging the adoption of water efficient products and services; and
any prior year's allocation to the eligible entity that remains unused.
Use of allocated funds
Funds allocated to an entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program.
Fixture recycling
Entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section.
Issuance of rebates
Financial incentives may be provided to consumers that meet the requirements of the incentive program. The entity may issue all financial incentives directly to consumers or, with approval of the Administrator, delegate some or all financial incentive administration to other organizations including, but not limited to, local governments, municipal water authorities, and water utilities. The amount of a financial incentive shall be determined by the entity, taking into consideration—
the amount of the allocation to the entity under subsection (c);
the amount of any Federal, State, or other organization's tax or financial incentive available for the purchase of the residential water efficient product or service;
the amount necessary to change consumer behavior to purchase water efficient products and services; and
the consumer expenditures for onsite preparation, assembly, and original installation of the product.
Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2010, $100,000,000 for fiscal year 2011, $150,000,000 for fiscal year 2012, $100,000,000 for fiscal year 2013, and $50,000,000 for fiscal year 2014.
