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115th Congress } { Rept. 115-828
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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INNOVATIVE STORMWATER INFRASTRUCTURE ACT OF 2018
_______
July 16, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3906]
CONTENTS
Page
Purpose of Legislation........................................... 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures and Congressional
Budget
Office Cost Estimate........................................... 3
Performance Goals and Objectives................................. 4
Advisory of Earmarks............................................. 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 5
Applicability of Legislative Branch.............................. 5
Section-by-Section Analysis of Legislation....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Correspondence................................................... 6
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovative Stormwater Infrastructure
Act of 2018''.
SEC. 2. STORMWATER INFRASTRUCTURE FUNDING TASK FORCE.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall establish a stormwater infrastructure funding task force composed
of representatives of Federal, State, and local governments and private
(including nonprofit) entities to conduct a study on, and develop
recommendations to improve, the availability of public and private
sources of funding for the construction, rehabilitation, and operation
and maintenance of stormwater infrastructure to meet the requirements
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(b) Considerations.--In carrying out subsection (a), the task force
shall--
(1) identify existing Federal, State, and local public
sources and private sources of funding for stormwater
infrastructure; and
(2) consider--
(A) how funding for stormwater infrastructure from
such sources has been made available, and utilized, in
each State to address stormwater infrastructure needs
identified pursuant to section 516(b)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1375(b)(1));
(B) how the source of funding affects the
affordability of the infrastructure (as determined
based on the considerations used to assess the
financial capability of municipalities under the
integrated planning guidelines described in the
Integrated Municipal Stormwater and Wastewater Planning
Approach Framework, issued by the Environmental
Protection Agency on June 5, 2012, and dated May,
2012), including consideration of the costs associated
with financing the infrastructure; and
(C) whether such sources of funding are sufficient to
support capital expenditures and long-term operation
and maintenance costs necessary to meet the stormwater
infrastructure needs of municipalities.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Administrator shall submit to Congress a report that
describes the results of the study conducted, and the recommendations
developed, under subsection (a).
(d) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
Amend the title so as to read:
A bill to direct the Administrator of the Environmental
Protection Agency to establish a stormwater infrastructure
funding task force, and for other purposes.
PURPOSE OF LEGISLATION
H.R. 3906, as amended, directs the Environmental Protection
Agency (EPA) to establish a stormwater infrastructure funding
task force to study and develop recommendations to improve the
availability of public and private sources of funding for
stormwater infrastructure.
BACKGROUND AND NEED FOR LEGISLATION
Stormwater runoff is generated from rain and snowmelt
events that flow over land or impervious surfaces, such as
paved streets, parking lots, and building rooftops, into sewer
systems and nearby waterbodies. Stormwater runoff can pick up
and transport pollutants, and be a major source of pollution to
those receiving waters. In order to protect and enhance water
quality, communities control stormwater runoff through the
installation and use of stormwater infrastructure. Many
communities across the country face difficulties in funding
projects to control stormwater runoff and mitigate stormwater
pollution.
HEARINGS
On March 9, 2017, the Subcommittee on Water Resources and
Environment held a hearing titled ``Building a 21st Century
Infrastructure for America: The Role of Federal Agencies in
Water Infrastructure'' that addressed the role that EPA,
through the Clean Water Act, plays in financing and addressing
the nation's wastewater and stormwater infrastructure
challenges.
On May 18, 2017, the Subcommittee on Water Resources and
Environment held a hearing titled ``Building a 21st Century
Infrastructure for America: Improving Water Quality through
Integrated Planning'' that addressed the financial concerns
raised by municipalities in addressing local water quality
challenges.
LEGISLATIVE HISTORY AND CONSIDERATION
On October 2, 2017, Congressman Denny Heck (D-WA)
introduced H.R. 3906. The bill was referred to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Science, Space, and Technology.
As introduced, H.R. 3906 would have: (1) authorized EPA to
provide Federal grants, on a competitive basis, to institutions
of higher education and research institutions to establish
centers of excellence for research on, and promotion of,
innovative stormwater control infrastructure, and (2) directed
the EPA Administrator to work with existing EPA offices, such
as the Office of Water and the Office of Enforcement and
Compliance, to promote the use of innovative stormwater control
infrastructure in Clean Water Act permitting programs, planning
efforts, research, technical assistance, and funding guidance.
On June 26, 2018, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 3906.
Congressman Garret Graves (R-LA) offered an amendment in the
nature of a substitute to establish a stormwater infrastructure
funding task force to study and develop recommendations to
improve the availability of public and private sources of
funding for stormwater infrastructure, which was adopted by
voice vote. The Committee ordered the bill, as amended, to be
reported favorably to the House by a voice vote with a quorum
present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 3906.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES AND CONGRESSIONAL BUDGET
OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to assist
communities in finding available public and private sources of
funding of stormwater infrastructure.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3906, as amended, establishes or reauthorizes a program
of the federal government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee finds that enacting H.R. 3906, as amended, does
not direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act (Public Law 104-4) was not made
available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 3906, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Short title
Section 1 is the short title of the bill, which is the
``Innovative Stormwater Infrastructure Act of 2018''.
Section 2. Stormwater infrastructure funding task force
Section 2 directs the Administrator of the EPA to establish
a stormwater infrastructure funding task force to study and
develop recommendations to improve the availability of public
and private sources of funding for stormwater infrastructure.
The task force would be composed of representatives of Federal,
State, and local governments and private (including nonprofit)
entities. The task force should consider how States address
stormwater infrastructure needs, how the source of funding
affects the affordability of the infrastructure, and whether
such sources of funding are sufficient to support short and
long term construction and operation and maintenance costs.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 3906, as amended, makes no changes in existing law.
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