117th Congress Archive

The 117th U.S. Congress met in Washington, D.C. from January 3, 2021 to January 3, 2023.

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U.S. House of Representatives

H.R. 191 - Energy Efficiency Free Market Act of 2021

Purpose: To repeal the energy and water conservation standards in the federal Energy Policy and Conservation Act, including standards for toilets and faucets that are part of the WaterSense program.

Status: Introduced and referred to committee.

Sponsor: Rep. Michael Burgess (R-TX)

Summary: This bill would repeal energy and water conservation standards established under the federal Energy Policy and Conservation Act and would prohibit state or federal agencies from adopting or continuing any requirement to comply with a standard for energy conservation or water efficiency with respect to a product.  This would effectively eliminate the WaterSense program. (Full Text)

History: Introduced on January 5, 2021, and referred to the House Energy and Commerce Committee.  Rep. Burgess has introduced similar legislation in each of the last three Congresses.  No action was taken on any of his prior bills.

H.R. 848 - The GREEN (Growing Renewable Energy and Efficiency Now) Act of 2021

Purpose: To amend the Internal Revenue Code to provide incentives for renewable energy and energy efficiency, including tax-free rebates and other credits for water conservation and stormwater management.

Status: Introduced and referred to committee.

Sponsor: Rep. Mike Thompson (D-CA)

Summary: Among a broad range of energy conservation measures, Sec. 305 of this bill would modify the federal tax code to provide that water conservation, stormwater management, and wastewater management subsidies provided by public utilities, state or local governments are excluded from gross income. The bill would be retroactive as applied to any rebates or credits received after Dec. 31, 2018. (Full Text)

History: Introduced on Feb 4, 2021. The bill’s sponsor chairs the House Ways and Means Subcommittee on Select Revenue Measures and the measure is co-sponsored by all 34 Democrats on the full Ways and Means Committee. It was passed by the House last year as part of H.R. 2, The Moving Forward Act, but was not acted on in the Senate.

H.R. 895 - Emergency Assistance for Rural Water Systems Act of 2021

Purpose: To provide more federal assistance for rural water and wastewater systems.

Status: Introduced and referred to committee.

Sponsor: Rep. David Rouzer (R-NC)

Summary: This bill would authorize $1 billion for the Secretary of Agriculture to make grants or 0% or 1% interest loans to rural water, wastewater and waste disposal systems impacted by the COVID-19 pandemic. (Full text)

History: This bill was introduced on Feb. 5, 2021 and referred to the House Agriculture Committee. It is identical to S. 209, introduced in Senate by Sen. Jeanne Shaheen (D-NH). Rep. Rouzer introduced similar legislation in the last Congress, but it was not acted upon.

H.R. 1015 - Water Recycling Investment and Improvement Act

Status: Introduced and referred to committee.

Purpose: To increase funding for federal water recycling grants.

Sponsor: Rep. Grace Napolitano (D-CA)

Summary: This legislation would increase the funding authorization for the Bureau of Reclamation’s Title XVI water recycling competitive grant program, giving local water agencies the necessary funding to increase capacities for existing recycling plants or create new cost-effective projects to boost water supplies. (Full Text)

History: This bill was introduced Feb. 11, 2021 and referred to the House Natural Resources Committee. Rep. Napolitano introduced a similar bill in the last Congress. That legislation was approved in committee but was never brought to a vote in House.

H.R. 1326 - The Energy Efficient Appliances Act

Purpose: To strengthen the Department of Energy’s appliance energy efficiency standards program and promote further energy efficiency gains. To reverse Trump administration changes in energy and water efficiency standards for appliances, including dishwashers, washing machines and showerheads

Status: Introduced and referred to committee.

Sponsor: Rep. Julia Brownley (D-CA)

Summary: This bill would void new energy and water efficiency standards published by the Department of Energy last year under President Trump. Those rules would loosen water conservation standards for showerheads, clothes and dish washing appliances. Separately, President Biden has ordered a review of those changes. (Full text)

History: This bill was introduced in the House on Feb. 25, 2021 and was referred to the House Energy and Commerce Committee.

H.R. 1352 - The WATER (Water Affordability, Transparency, Equity, and Reliability) Act of 2021

Purpose: To establish a trust fund to provide adequate funding for water and sewer infrastructure projects.

Status: Introduced and referred to committees.

Sponsor: Rep. Brenda Lawrence (D-MI)

Summary: This bill would create a government trust fund to provide $34.85 billion a year for drinking water and wastewater improvements and would direct the Environmental Protection Agency to study water affordability, shutoffs, discrimination, and civil rights violations by water providers.  The trust fund would be funded by rolling back portions of the corporate tax cuts enacted during the Trump administration (Full Text).

History: This bill was introduced in the House on Feb. 25, 2021 and was referred to several House Committees, including Agriculture, Energy and Commerce, Transportation and Infrastructure, Water Resources and Environment and Ways and Means.

H.R. 1915 - Water Quality Protection and Job Creation Act of 2021

Purpose: To amend the Federal Water Pollution Control Act to reauthorize certain water pollution control programs, and for other purposes.

Status: On June 22, 2021 bill reported (amended) by the Committee on Transportation and Infrastructure. 

Sponsor: Rep. Peter Fazio (D-OR)

Summary: The bill provides $50 billion over the course of five years to help communities with clean water infrastructure. If passed, the bill would:

  • Reauthorize EPA’s Clean Water State Revolving Fund at $8 billion annually (an increase of $6.4 billion)
  • Reauthorize EPA’s Sec. 221 Sewer Overflow and Storm Reuse Municipal Grants at $400 million annually (an increase of $175 million)
  • Reauthorize EPA’s Sec. 106 State Water Pollution Control Grants at $500 million annually (an increase of $270 million)
  • The bill also authorizes new/revised programs:
  • $200M/year for watershed/wet weather/resiliency projects, including planning/design/construction of projects to conserve water or enhance water use efficiency.
  • The Waste Water SRF Green Reserve set-asides for green infrastructure, water or energy efficiency, or other environmental activities would increase from 10% to at least 15%, with at least another 5% used for projects to increase resiliency to extreme weather, drought, sea level rise, or other climate impacts. AWE believes water conservation would also qualify in this resiliency category.  
  • $500 million for a smart wastewater tech grant program.
  • EPA Emerging Contaminants grants program at $200 million annually;
  • EPA Household Wastewater Grant program at $50 million annually; and
  • A study analyzing the historical distribution of federal wastewater infrastructure funds to rural, economically disadvantaged, and Tribal communities. (Full Text)

History: This bill was introduced in the House on Mar. 16, 2021. The committees assigned to this bill sent it to the House or Senate as a whole for consideration on Jun. 9, 2021.

H.R. 3684 - Infrastructure Investment and Jobs Act

Purpose: Addressing provisions related to federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation (DOT).

Status: Enacted — Signed by the President on Nov 15, 2021

Sponsor: Rep. Peter Fazio (D-OR)

Summary: This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation (DOT). [Full Text]

History: The bill was introduced on June 4, 2021 and passed the House of Representatives, July 1, 2021. The House passed the Senate version of the bill on November 5, 2021. This bill was enacted after being signed by the President on November 15, 2021.

H.R. 4647 - Water Conservation Rebate Tax Parity Act

Purpose: To end federal taxes on utility rebates provided to homeowners for conserving water or improving stormwater management.

Status: Introduced July 22, 2021.

Sponsor: Rep Jared Huffman (D-CA)

Summary: The bill would result in the federal government treating water conservation rebates the same as energy conservation rebates, which were exempted from federal taxes in 1992. With the current drought already impacting over 90 million people in the U.S. and with water scarcity likely to get worse because of population growth and climate change, there is an urgent need to encourage water efficiency. This threat goes well beyond the arid west. Thirty-three states have been hit by drought since 2000, including ones located in the Great Plains, Midwest, Southeast and Mid-Atlantic regions. And scientists warn that most of the country is on pace to experience water shortages if we don’t manage water better. [Full Text] - Related S. 2430 (see below)

History: This bill was introduced on July 22, 2021. 

H.R. 5118 - The Wildfire Response and Drought Resiliency Act

Purpose: To raise wildland firefighters salaries, improve wildfire preparedness and conserve water in drought-stricken Western states.

Status: Passed the House of Representatives on July 29, 2022.

Sponsor: Rep. Joe Neguse (D-Colo.)

Summary: The bill includes $90 million per year for 5 years for water conservation and water loss control programs. [Full text]. Click here to learn more.

The bill includes initiatives proposed earlier this year in the bicameral Water Efficiency, Conservation, and Sustainability Act of 2022. Click here to learn more about this proposed bill.

H.R. 5438 - Water Advanced Technologies for Efficient Resource Use Act of 2021

Purpose: To provide incentives for the purchase of water-efficient products, and for other purposes.

Status: Introduced on Sep 30, 2021.

Sponsor: Rep Matt Carwright (D-PA)

Summary: This bill provides statutory authority for the WaterSense program of the Environmental Protection Agency (EPA) and sets forth related requirements. Under the program, the EPA awards grants to provide incentives for consumers to purchase water-efficient products. [Full Text]

History: Introduced on Sep 30, 2021.

H.R. 6238 - WaterSMART Access for Tribes Act

Purpose: To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.

Status: Introduced on Dec 9, 2021. Referred to House Natural Resources Subcommittee on Water, Oceans, and Wildlife.

Sponsor: Rep. Stansbury, Melanie Ann (D-NM)

Summary: See Full Text

History: Introduced on Dec 9, 2021.

H.R. 7847 - Water Efficiency, Conservation, and Sustainability Act of 2022

Purpose: To incentivize water-efficiency upgrades and to establish programs to identify and repair leaks, especially in areas experiencing severe drought and in low-income communities.

Status: Introduced on May 19, 2022

Sponsor: Rep Jerry McNerney (CA-09)

Summary: To increase efficiency and conservation in public water systems, and for other purposes. The bill would establish three new EPA grant programs and authorize each at $20-25 million annually, for five years. The programs include the: Water Efficiency and Conservation Grant Program; Sustainable Water Loss Control Program; and Grants for Water Efficient Plumbing Code Adoption. [Full Text]

Click here to learn more about this bill.

History: Introduced on May 19, 2022.

U.S. Senate

S. 209 - Emergency Assistance for Rural Water Systems Act of 2021

Purpose: To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID–19 pandemic.

Status: Introduced and referred to committee.

Sponsor: Sen. Jeanne Shaheen (D-NH)

Summary: This bill would authorize $1 billion for the Secretary of Agriculture to make grants or 0% or 1% interest loans to rural water, wastewater and waste disposal systems impacted by the COVID-19 pandemic. [Full text]

History: This bill was introduced on Feb. 3, 2021 and referred to the Senate Agriculture Committee.  Sen. It is identical to HR 985, introduced in the House by Rep. David Rouzer (R-NC).  Shaheen introduced similar legislation in the last Congress, but it was not acted upon.

S. 722 - Wastewater Efficiency and Treatment Act of 2021

Purpose: A bill to amend the Energy Policy Act of 2005 to establish a program to provide grants and loan guarantees to improve the energy efficiency of publicly owned wastewater treatment facilities, and for other purposes.

Status: Introduced and referred to committee.

Sponsor: Sen. Jeff Merkley (D-OR)

Summary:  This bill requires the Department of Energy (DOE) to establish a Water and Energy Efficiency Program. Under the program, DOE must award grants to certain small public wastewater treatment facilities that serve disadvantaged communities or populations that do not exceed 10,000. The facilities must use the grants to conduct energy efficiency audits of the facilities and update equipment based on the audits. [Full text]

History: Introduced on March 11, 2021.

S. 914 - The Drinking Water and Wastewater Infrastructure Act of 2021

Purpose:  To provide increased funding for water infrastructure development.

Status: Enacted Via Other Measures. Provisions of this bill were incorporated into other bills which were enacted, so there will not likely be further activity on this bill. (See H.R. 3684 above)

Sponsor:  Sen. Tammy Duckworth (D-IL)

Summary:  The bill authorizes $35 billion in water infrastructure programs, including reauthorization of the Clean Water and Drinking Water State Revolving Funds and the WIFIA loan program. It would also provide grants for small, disadvantaged rural and tribal communities, for public water supplies dealing with emergencies, to help utilities with climate resilience, and for lead service line removal. The bill creates a pilot rural and low-income water assistance pilot program, reauthorizes a pilot program for alternative water source projects, directs EPA to create an efficiency grant program for small publicly owned treatment works to support water and energy efficiency in small and disadvantaged communities, and directs  EPA to create a Water Reuse Interagency Working Group to identify ways to support water reuse and create a national action plan. [Full Text]

History: This bill was introduced on March 23, 2021 and referred to the Senate Energy and Commerce Committee. It has broad bipartisan support in the Senate, which invoked cloture on April 27, 2021 by a vote of 92-2. The Senate than approved the legislation by a vote of 89-2 and sent it to the House. The two dissenting votes in the Senate were Sens. Ted Cruz (R-TX) and Mike Lee (R-UT). Provisions of this bill were incorporated into other bills which were enacted, so there will not likely be further activity on this bill.

S. 916 - The Water Affordability, Transparency, Equity and Reliability (WATER) Act

Purpose: To provide adequate funding for water and sewer infrastructure.

Status: Introduced and referred to committee.

Sponsor: Sen. Bernie Sanders (D-VT)

Summary: This bill would provide $35 billion annually for states to allocate to publicly owned utilities for drinking water and sewer infrastructure repairs, as well as funds to replace lead service lines and filters for toxic compounds from drinking water. [Full Text]

History: This bill was introduced on March 23, 2021 and referred to the Senate Energy and Commerce Committee. It is a companion to HR 1352 (see above) introduced in the House on Feb. 25, 2021.

S. 953 - Water for Conservation and Farming Act

Purpose: A bill to provide for drought preparedness and improved water supply reliability.

Status: Introduced and referred to committee.

Sponsor: Sen. Ron Wyden (D-OR)

Summary: This bill establishes a funding source for certain water resources development projects in western states. The bill also reauthorizes and expands existing water resources development programs, as well as establishes new programs. Specifically, the bill establishes the Bureau of Reclamation Infrastructure Fund to fund water-related programs, including water reclamation and reuse projects, dam safety projects, and the WaterSMART program (which provides assistance to eligible government entities to increase water supply). Each year from FY2031-FY2061, the Department of the Treasury must deposit $300 million of revenues into this fund that would otherwise be deposited into the Reclamation Fund (which currently funds irrigation works in western states). [Full Text]

History: This bill was introduced on March 24, 2021 and referred to the Senate Water and Power committee. 

S. 2430 - Water Conservation Rebate Tax Parity Act

Purpose: A bill to amend the Internal Revenue Code of 1986 to expand the exclusion for certain conservation subsidies to include subsidies for water conservation or efficiency measures and storm water management measures.

Status: This bill was introduced on July 22, 2021.

Sponsor: Sen. Dianne Feinstein (D-CA)

Summary: This bill expands the tax exclusion for energy conservation subsidies provided by public utilities to include certain subsidies for water conservation or efficiency measures and storm water management measures.

The bill excludes from gross income subsidies provided (directly or indirectly) (1) by a public utility to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any water conservation or efficiency measure; and (2) by a storm water management provider to a customer, or by a state or local government to a resident of such state or locality, for the purchase or installation of any storm water management measure. [Full Text]

History: This bill was introduced on July 22, 2021.

S. 4279 - A bill to increase efficiency and conservation in public water systems, and for other purposes.

Purpose: A bill to increase efficiency and conservation in public water systems, and for other purposes.

Status: Read twice and referred to the Committee on Environment and Public Works.

Sponsor: Sen. Alex Padilla (D-CA)

Summary: As of May 26, 2022 text has not been received for S.4279.

History: Introduced on May 19, 2022. Read twice and referred to the Senate Committee on Environment and Public Works.

U.S. State-Level Legislation

State-level legislative actions taken during the 117th Congress. 

Arizona

  • HB 2286 (2021) and SB 1037 (2021) - Water efficient plumbing fixtures. Relating to water conservation plumbing requirements.

California

  • AB 1434 (2021) - An act to amend Section 10609.4 of the Water Code, relating to water. Urban water use objectives: indoor residential water use.

Hawaii

  • SB 694 (2022) - Codifies sustainable development goals based on the United Nations' Sustainable Development Goals and indicators. Including, but not limited to, "Substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity."

Massachusetts

  • S 9 (2021) - Establishes new energy efficiency requirements for commercial kitchen equipment, plumbing, lighting, computers and computer monitors, electric vehicle supply equipment and consumer appliances including faucets, residential ventilating fans, portable electric spas, showerheads, toilets, and water coolers.

New Jersey

  • A 5160 (2020) and S 3324 (2021) [Identical bills] - Establishes minimum energy and water efficiency standards for certain products sold, offered for sale, or leased in the State.