Bill Sponsor
House Bill 5628
116th Congress(2019-2020)
Clean Water Allotment Modernization Act
Introduced
Introduced
Introduced in House on Jan 16, 2020
Overview
Text
Introduced in House 
Jan 16, 2020
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Introduced in House(Jan 16, 2020)
Jan 16, 2020
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Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
H. R. 5628 (Introduced-in-House)


116th CONGRESS
2d Session
H. R. 5628


To amend the Federal Water Pollution Control Act to modify certain allotments under that Act, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

January 16, 2020

Mr. Waltz (for himself and Mr. Brown of Maryland) 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 modify certain allotments under that Act, 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 “Clean Water Allotment Modernization Act”.

SEC. 2. Modifications to allotments under Federal Water Pollution Control Act.

Section 205 of the Federal Water Pollution Control Act (33 U.S.C. 1285) is amended—

(1) by striking the section designation and heading and all that follows through the end of subsection (a) and inserting the following:

“SEC. 205. Allotments.

“(a) Fiscal years 2021 and thereafter.—

“(1) IN GENERAL.—For fiscal year 2021 and each fiscal year thereafter, of the amounts made available for the fiscal year, the Administrator shall make allotments to States and territories and possessions of the United States in accordance with this subsection.

“(2) FISCAL YEARS 2021 AND 2022.—

“(A) CERTAIN TERRITORIES AND POSSESSIONS.—Notwithstanding any other provision of this section, subject to subparagraph (C), for each of fiscal years 2021 and 2022, of the amounts made available for the fiscal year, the Administrator shall initially provide under this subsection to each territory or possession of the United States (other than the Commonwealth of Puerto Rico) an allotment of not less than the allotment described in the following table:


“Territory or possessionAllotment
American Samoa0.004063
Guam0.006328
Northern Mariana Islands0.002250
Virgin Islands0.002358.

“(B) STATES, DISTRICT OF COLUMBIA, AND PUERTO RICO.—Notwithstanding any other provision of this section, subject to subparagraph (C), for each of fiscal years 2021 and 2022, of the amounts made available for the fiscal year remaining after the allotments under subparagraph (A) are provided, each State, the District of Columbia, and the Commonwealth of Puerto Rico shall receive an allotment under this subsection of not less than the allotment described in the following table:


“StateAllotment
Alabama0.010697
Alaska0.005000
Arizona0.016651
Arkansas0.005000
California0.085481
Colorado0.013329
Connecticut0.011613
Delaware0.005000
District of Columbia0.005001
Florida0.091324
Georgia0.013990
Hawaii0.005897
Idaho0.006140
Illinois0.034437
Indiana0.019873
Iowa0.010305
Kansas0.010519
Kentucky0.014435
Louisiana0.033232
Maine0.005894
Maryland0.029054
Massachusetts0.025852
Michigan0.039307
Minnesota0.017899
Mississippi0.006992
Missouri0.022532
Montana0.005000
Nebraska0.006313
Nevada0.008674
New Hampshire0.007609
New Jersey0.041644
New Mexico0.005000
New York0.084044
North Carolina0.020203
North Dakota0.005000
Ohio0.042865
Oklahoma0.009182
Oregon0.011879
Pennsylvania0.030161
Puerto Rico0.009931
Rhode Island0.005113
South Carolina0.007800
South Dakota0.005000
Tennessee0.011061
Texas0.047631
Utah0.005000
Vermont0.005000
Virginia0.027382
Washington0.015596
West Virginia0.011870
Wisconsin0.020585
Wyoming0.005000.

“(C) LIMITATION.—Notwithstanding any other provision of this section, for each of fiscal years 2021 and 2022, the Administrator may not decrease the amount provided to any State or territory or possession of the United States under this section by more than—

“(i) a percentage below the amount provided to the State or territory or possession of the United States under this section for fiscal year 2019 that is equal to the percentage decrease in total funding under this section, as compared to that total funding for fiscal year 2019, if the total funding remains below 95 percent of that fiscal year 2019 funding level; or

“(ii) 5 percent below the amount provided to the State or territory or possession of the United States under this section for fiscal year 2019, if the total amount of funding under this section remains at or above 95 percent of that fiscal year 2019 funding level.

“(3) ALLOTMENT UPDATES.—

“(A) IN GENERAL.—The Administrator shall update the tables contained in paragraph (2) through application of the formula developed pursuant to subparagraph (B)—

“(i) by not later than September 30, 2022, to ensure updated allotments are in effect for fiscal year 2023; and

“(ii) thereafter, by not later than 1 year after the date of submission of any new clean watersheds needs survey and associated data under section 516(b)(1)(B).

“(B) FORMULA.—

“(i) IN GENERAL.—The Administrator shall develop, by regulation, a formula for the calculation of allotments to States and territories and possessions of the United States under this section, in accordance with clauses (ii) and (iii).

“(ii) REQUIREMENTS.—

“(I) BASES.—The formula under clause (i) shall be developed based on—

“(aa) the State needs identified in the most recently available clean watersheds needs survey prepared by the Administrator under section 516(b)(1)(B);

“(bb) the State population results of the most recent decennial census; and

“(cc) the most recently available water quality impairment component ratio published by the Administrator for purposes of this Act.

“(II) WEIGHT.—In developing the formula under clause (i), the Administrator shall give—

“(aa) 50 percent weight to the survey referred to in subclause (I)(aa);

“(bb) 30 percent weight to the census referred to in subclause (I)(bb); and

“(cc) 20 percent weight to the ratio referred to in subclause (I)(cc).

“(iii) LIMITATION.—Notwithstanding clause (ii), in developing the formula under this subparagraph, the Administrator may not increase the allotment to any State or territory or possession of the United States by more than 200 percent, or decrease the allotment to the State, territory, or possession by more than 25 percent, as compared to the allotment level established for the State or territory or possession of the United States under the previous formula.”;

(2) in subsection (g)(1), by striking “shall not exceed 4 per centum. or $400,000 whichever amount is the greater” and inserting “shall not exceed the greater of 4 percent and $400,000”; and

(3) in subsection (m)(1), by striking “for this fiscal year.” and inserting “for that fiscal year.”.