116th Congress Archive

The 116th U.S. Congress met in Washington, D.C. from January 3, 2019 to January 3, 2021.

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U.S. House of Representatives

H.R. 2 - INVEST in America (now called The Moving Forward Act)

Status: Passed by the House and sent to the Senate.

Purpose: To authorize funds for infrastructure improvements and other purposes, including tax-free treatment of rebates for water conservation and stormwater management efforts.

Sponsor: Rep. Peter DeFazio (D-OR)

Summary: The major focus of this $1.5 trillion legislation is to authorize funds for Federal-aid highways, highway safety programs, and transit programs.  But a variety of unrelated provisions were added, including provisions to make rebates for water-conservation and stormwater management efforts free of federal taxes.  The amendments that were added to HR 2 are similar to HR 2323, legislation sponsored in the House by Rep. Jared Huffman. (Full Text) and Section 90425 - Modifications to Income Exclusion for Conservation Subsidies (PDF)

History: This bill was introduced on June 11, 2020 and referred to the House Committee on Infrastructure and Transportation, which approved the bill and reported it to the House on June 18, 2020.  A number of amendments, including the GREEN tax legislation from the House Ways and Means Committee, were approved for inclusion by the Rules Committee on June 29, 2020.  (The tax-free rebates for water conservation and wastewater management were part of that tax bill. See above Section 90425 link.)  The amended bill was approved in the House on July 1, 2020 on a 233-188 roll call vote.  The legislation now goes to the Senate.

H.R. 34 - Energy and Water Research Integration Act of 2019

Status: This bill passed in the House on July 23, 2019. On July 24, 2019 received in the Senate and read twice and referred to the Committee on Energy and Natural Resources.

Purpose: To require the Department of Energy to consider water use in energy research and development.

Sponsor: Rep. Eddie Bernice Johnson (D-TX)

Summary: This bill would require the Energy Department to consider water conservation and efficiency in the development of new energy technologies. It would also encourage the use of alternative water sources that do not compete with drinking water supplies, including brackish water or oilfield waste water along with the use of demonstration programs to help guarantee efficient, reliable, and sustainable delivery of energy and clean water resources. (Full Text)

History: This bill was introduced on January 3, 2019 and referred to the House Committee on Science, Space and Technology.  This bill passed in the House on July 23, 2019. On July 24, 2019, received in the Senate and read twice and referred to the Committee on Energy and Natural Resources.

H.R. 105 - Energy Efficiency Free Market Act of 2019

Status: Introduced in the House and referred to committee.

Purpose: To repeal all federal energy and water conservation standards.

Sponsor: Rep. Michael Burgess (R-TX)

Summary: This bill would repeal Section 325 of the Energy Policy and Conservation Act, which imposes energy and water conservation standards for consumer products, including toilets, faucets and showerheads.  It would also prohibit state or federal agencies from adopting or continuing to enforce “any requirement to comply with a standard for energy conservation or water efficiency with respect to a product.” (Full Text)

History: This bill was introduced on January 3, 2019 and referred to the House Committee on Energy and Commerce. It is similar to bills introduced by Rep. Burgess in each of the past two Congresses. Those measures were not acted on in committee.

H.R. 1162 - Water Recycling Investment and Improvement Act

Status:  Approved in committee and sent to the full House for further consideration.

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 from $50 million to $500 million, 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: Approved by the House Committee on Natural Resources on March 22, 2020 and sent to the full House for further consideration.

H.R. 1420 - The Energy Efficient Government Technology Act

Status: Passed the House and was sent to the Senate.

Purpose: To amend the Energy Independence and Security Act of 2007 to promote energy and water efficiency via information and computing technologies, and for other purposes.

Sponsor: Rep. Anna Eshoo (D-CA)

Summary: This legislation would direct the Secretary of Energy and the Administrator of the Environmental Protection Agency to develop new standards for energy and water conservation used in government and privately operated data centers and to monitor energy and water usage in those data centers. (Full Text)

History: This bill was introduced on February 28, 2019 and referred to the House Committee on Energy and Commerce, which considered the measure and reported it to the full House on Sept. 9, 2019. The House then passed the bill on that day and sent it to the Senate. Similar legislation was introduced by Rep. Eshoo in the 113th and 115th Congress and was incorporated in related legislation that passed the House in both 2016 and 2017. But those bills were not considered by the Senate.

H.R. 2313 - Water Conservation Rebate Tax Parity Act

Status: Key provisions incorporated into other legislative passed by the House. (See HR 2 above)

Purpose: To make rebates for water conservation and storm water runoff measures tax exempt.

Sponsor: Reps. Jared Huffman (D-CA) and Paul Gosar (R-AR)

Summary: This bill would amend Section 136 of the Internal Revenue Code, which makes energy conservation rebates provide by utilities exempt from federal income taxes, to include rebates provided by water utilities for water conservation and storm-water management. Currently, the Internal Revenue Service (IRS) insists that rebates for homeowners who replace water-thirsty lawns, install “gray water” capture systems or purchase new water-efficient appliances are considered income to the recipient and subject to federal taxes. The IRS and Treasury Department have stated that they cannot grant administrative relief from taxing such rebates and that Congress must act to amend the Internal Revenue Code. (Full Text)

History: This bill was introduced on April 12, 2019 and is expected to be referred to the House Committee on Ways and Means. It is similar to a bill introduced by Reps. Huffman in the 114th Congress and 115th Congress. Those measures were not acted on in committee.

Download: August 12, 2019 Letter of Support for H.R. 2313

H.R. 2665 - Smart Energy and Water Efficiency Act of 2019 (formerly H.R. 2019)

Status: Approved by the House Committee on Energy and Commerce and reported to the full House for consideration on July 17, 2019.

Purpose: To create an innovative water and energy resource management pilot program.

Sponsor: Rep. Jerry McNerney (D-CA)

Summary: This legislation would direct the Secretary of Energy to create a new federal pilot program to demonstrate innovative technology to increase and improve the energy efficiency of water, wastewater, and water reuse systems, to support the implementation of automated systems that provide real-time data on energy and water and to improve energy and water conservation, water quality, and predictive maintenance of energy and water systems through the use of Internet-connected technologies. The legislation would authorize a total of $15 million for such pilot programs. (Full Text)

History: This bill was introduced on April 2, 2019 and referred to the House Energy and Commerce Committee, which approved the bill on July 17, 2019 and sent it to the full House where it await further action.  A similar bill was introduced by Rep. McNerney in the 114th and 115th Congresses, but those bills died in committee.

H.R. 3052 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020

Status: This bill was incorporated into H.R. 1865 - Further Consolidated Appropriations Act, 2020, which was passed by the House and Senate and signed into law by the President on December 20, 2019.

Purpose: To appropriate funds for the Interior Department and the Environmental Protection Agency (EPA), including money for the WaterSense program, during fiscal year 2020, which began October 1, 2019.

Sponsor: Rep. Betty McCollum (D-MN)

Summary: This annual spending bill would appropriate $37.3 billion for Interior, EPA and related agencies in FY 2020, including $9.5 billion for EPA programs--$3 billion more than President Trump’s budget for EPA and $500 million more than the House-passed appropriations bill. While there are no funds earmarked for WaterSense, the House committee again instructed EPA to continue funding the WaterSense program, which the president wanted to defund. (Full Text)  

Status: The bill was approved by the House Appropriations Committee on June 3, 2019 and sent to the full House, where it was incorporated into a larger spending bill on June 26, 2019 and sent to the Senate. Because congress had not given final approval to any of the 12 appropriations bills by the end of fiscal year 2019 on September 30, 2019, the Senate and House passed and President Trump signed a continuing resolution that funds government programs at current levels through November 21, 2019. This bill was then incorporated as part of an omnibus appropriations bill that funds the government through Fiscal Year 2020, which ends on September 30, 2020. The reports accompanying that bill include instructions for EPA to continue funding WaterSense through the end of the fiscal year.

H.R. 3962 - Energy Savings and Industrial Competitiveness Act of 2019

Status: Introduced on July 25, 2019.

Purpose: To promote water and energy savings in residential and industrial buildings, including model codes to promote water and stormwater conservation in all new construction.

Sponsor: Rep. Peter Welch (D-VT)

Summary: This legislation would mandate federal efforts to create new standards for energy, water and wastewater conservation in building codes for both industrial and residential buildings while setting up requirements for such conservation in all federal buildings. (Full Text)

History: This bill was Introduced July 25, 2019 and referred to the House Committee on Energy and Commerce as well as five other House committees. It is very similar to S. 2137 sponsored by Sen. Rob Portman (R-OH).

H.R. 4033 - Water Justice Act

Status: Introduced in the House and referred to committee.

Purpose: To provide federal funding and grants for safe drinking water and for water conservation efforts.

Sponsor: Rep. Daniel Kildee (D-MI)

Summary: In addition to providing supplemental appropriations for projects that improve drinking water safety and security, this bill would create a federal block grant program to improve water efficiency and conservation through grants to state and local entities. (Full Text)

History: This bill was introduced in House on July 25, 2019 and was referred to six different House committees for consideration. (See S. 2466, an identical bill that was introduced in the Senate.)

H.R. 4266 - Clean Water Through Green Infrastructure Act

Status: Introduced on September 10, 2019.

Purpose: To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes.

Sponsor: Rep. Denny Heck (D-WA)

Summary: This bill would direct the administrator of the Environmental Protection Agency (EPA) to fund between three and five centers of excellent to conduct research on innovative storm water control infrastructure. (Full Text)

History: This bill was introduced on Sept. 10, 2019 and referred to the House Science, Space and Technology Committee and the House Transportation and Infrastructure Committee. A companion bill, S. 2456, has been introduced in the Senate by Sen. Tom Udall (D-NM).

H.R. 6064 - NIST Plumbing Research Act of 2020

Status: Introduced and referred to committee.

Purpose: To require the National Institute of Standards and Technology to establish a premise plumbing research laboratory.

Sponsor: Rep. Matthew Cartwright (D-PA) 

Summary: This legislation would require the National Institute of Standards and Technology to establish a premise plumbing research laboratory to conduct research on home and commercial plumbing systems with regard to water efficiency, safety, security, sustainability, and resilience. (Full Text)

History: Introduced in the House on March 3, 2020 and referred to the House Committee on Science, Space and Technology.

H.R. 7608 - State, Foreign Operations, Agriculture, Rural Development, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2021

Status: Passed by the House and sent to the Senate.

Purpose: To appropriate funds for the several federal agencies, including the Interior Department and the Environmental Protection Agency (EPA), during fiscal year 2021, which begins October 1, 2020.

Sponsor: Rep. Nita Lowey (D-NY)

Summary: This annual spending bill would appropriate funds for a number of federal departments and agencies, including EPA, during fiscal year 2021. While there are no funds earmarked for WaterSense, the House committee again instructed the EPA to continue funding the WaterSense program, which the president wanted to defund, through the end of fiscal 2021 which ends Sept. 30, 2020.  This and other spending bills are likely to be lumped into a massive omnibus spending bill that will continue funding until after the November elections or even into next year. (Full Text)

Status: The bill was introduced on July 13, 2020 and was approved in the House and sent to the Senate on July 24, 2020.

H.R. 8885 - Water Advanced Technologies for Efficient Resource Use Act of 2020

Status: Introduced in the House.

Purpose: To provide incentives for consumers to buy WaterSense approved products.

Sponsor: Rep. Matt Cartwright (D-PA)

Summary: To establish a program at the Environmental Protection Agency (EPA) to provide grants to states, localities, non-profits and utilities to assist consumers who purchase WaterSense approved products with financial aid while making any such incentives free of federal taxation. This bill would also direct federal departments and agencies to purchase WaterSense approved products whenever possible. (Full Text - PDF)

History: This bill was introduced on December 7, 2020. Rep. Cartwright introduced similar legislation in the last Congress, but it was not passed.

U.S. Senate

S. 1245 - All-of-the-Above Federal Building Energy Conservation Act of 2019

Status: Approved in committee and sent to the full Senate.

Purpose: To improve energy and water consumption in federal buildings.

Sponsor: Sen. John Hoeven (R-ND)

Summary: This bill would amend the National Energy Conservation Policy Act to direct all federal agencies to reduce energy and water consumption in all federal buildings. It would require reporting of energy and water consumption in federal buildings within 180 days of enactment and the immediate implementation of cost-effective energy and water conservation measures. (Full Text)

History: Approved on a voice vote by the Senate Committee on Energy and Natural Resource on July 16, 2019 and sent to the full Senate where it was placed on the calendar for further consideration. This bill will probably be merged with S 1857 before final consideration by the Senate.

S. 1790 - National Defense Authorization Act for Fiscal Year 2020

Status: Enacted and signed into law by the President.

Purpose: To authorize funds for the Department of Defense (DOD) and for other purposes.

Sponsor: Sen. James Inhofe (R-OK)

Summary: In authorizing funds for the DOD for FY 2020, this bill would direct the Defense Secretary to improve water-use efficiency and management, including storm water management, by:

  1. Installing water meters and collecting and using water balance data of buildings and facilities to improve water conservation and management;
  2. Reducing industrial, landscaping, and agricultural water consumption in gallons by two percent annually through fiscal year 2030 relative to a baseline of such consumption by the DOD in fiscal year 2010; and
  3. Installing appropriate sustainable infrastructure features on installations of the DOD to help with storm water and wastewater management. (Full Text)

History: This bill was introduced on June 11, 2019 and referred to the Senate Armed Services Committee, which approved the bill and reported it to the Senate on that same date. Approved by the Senate on June 27, 2019, on a vote of 88-8 and sent to the House for consideration. Approved by the House and sent to the President, who signed the bill into law on Dec. 20, 2019.

S. 1857 - Federal Energy and Water Management Performance Act of 2019

Status: Approved in committee and sent to the full Senate.

Purpose: To improve energy and water performance requirements for U.S. government buildings and establish a Federal Energy Management Program.

Sponsor: Sen. Lisa Murkowski (R-AK)

Summary: This bill would amend the National Energy Conservation Policy Act to direct all federal agencies to reduce water consumption in federal buildings by 54 percent by fiscal year 2030 compared to fiscal year 2007. It would also require reducing the industrial, landscaping, and agricultural water consumption of each agency by 2.3 percent each year and the installation of appropriate infrastructure features on federally owned property to improve stormwater and waste water management. The bill would authorize $36 million a year to implement these requirements. (Full Text)

History: Approved on a voice vote by the Senate Committee on Energy and Natural Resources on September 25, 2019 and sent to the full Senate where it was placed on the calendar for further consideration.

S. 2137 - Energy Savings and Industrial Competitiveness Act of 2019

Status: Approved in Committee and Sent to the Sent to the Senate.

Purpose: To promote water and energy savings in residential and industrial buildings, including model codes to promote water and stormwater conservation in all new construction.

Sponsor: Sen. Rob Portman (R-OH)

Summary: This legislation would mandate federal efforts to create new standards for energy, water and wastewater conservation in building codes for both industrial and residential buildings while setting up requirements for such conservation in all federal buildings. (Full Text)

History: This bill was Introduced July 17, 2019 and referred to the Senate Energy and Natural Resources Committee, which reported the bill to the Senate on Sept. 25, 2019, where it awaits further action. Sen. Portman introduced similar legislation in the last Congress, but it was not passed.

S. 2456 - Clean Water Through Green Infrastructure Act

Status: Introduced on September 10, 2019.

Purpose: To establish centers of excellence for innovative stormwater control infrastructure, and for other purposes.

Sponsor: Sen. Tom Udall (D-NM)

Summary: This bill would direct the administrator of the Environmental Protection Agency (EPA) to fund between three and five centers of excellent to conduct research on innovative storm water control infrastructure. (Full Text)

History: This bill was introduced on Sept. 10, 2019 and referred to the Senate Committee on Environment and Public Works. A companion bill. H.R. 4266, has been introduced in the House by Rep. Denny Heck (D-WA).

S. 2466 - Water Justice Act

Status: Introduced in the Senate and referred to committee.

Purpose: To provide federal funding and grants for safe drinking water and for water conservation efforts.

Sponsor: Sen. Kamala Harris (D-CA)

Summary: In addition to providing supplemental appropriations for projects that improve drinking water safety and security, this bill would create a federal block grant program to improve water efficiency and conservation through grants to state and local entities. (Full Text)

History: This bill was introduced in Senate on September 11, 2019 and was referred to the Senate Finance Committee for consideration. (See HR 4033, an identical bill that was introduced in the House)

S. 2580 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020

Status: See H.R. 3052 above.

S. 2799 - Nexus of Energy and Water for Sustainability Act of 2019

Status: Approved in committee and sent to the full Senate.

Purpose: To require the Secretary of Energy and the Secretary of the Interior to establish a joint Nexus of Energy and Water Sustainability Office.

Sponsor: Sen. Lisa Murkowski (R-AK)

Summary: This bill would create a new office in the Energy Department  that would focus on studying and promoting the nexus between energy and water sustainability. This office would be supervised by a committee cochaired by the Secretaries of Energy and Interior. It would coordinate research on the energy-water nexus by a number of federal departments and agencies. And it would also create a smart energy and water efficiency pilot program to demonstrate unique, advanced, or innovative technology-based solutions that would improve the net energy balance of water, wastewater and water reuse systems (Full text)

Status: The bill was introduced on November 6, 2019 and sent to the Senate Energy and Natural Resources Committee, which approved the bill by voice vote on November 19, 2019 and sent it to the Senate for further consideration. In July, the House approved a related measure, HR 34, which would also create a new energy-water nexus office in the Department of Energy and coordinate research on this issue across the federal government. 

S. 2978 - Energy and Water Research Integration Act of 2019

Status: Introduced in the Senate and referred the Senate and read twice and referred to committee.

Purpose: To require the Department of Energy to consider water use in energy research and development.

Sponsor: Sen. Catherine Cortez Masto (D-NV)

Summary: This bill would require the Energy Department to consider water conservation and efficiency in the development of new energy technologies. It would also encourage the use of alternative water sources that do not compete with drinking water supplies, including brackish water or oilfield waste water along with the use of demonstration programs to help guarantee efficient, reliable, and sustainable delivery of energy and clean water resources. (Full Text)

History: This bill was introduced on Dec 4, 2019 and referred to the Senate Committee on Energy and Natural Resources. An identical bill, HR 34 sponsored by Rep Eddie Johnson (D-TX), passed in the House on July 23, 2019 and was sent to the Senate, where it was referred to the Committee on Energy and Natural Resources.

S. 3382 - NIST Plumbing Research Act of 2020

Status: Introduced and referred to committee.

Purpose: To require the National Institute of Standards and Technology to establish a premise plumbing research laboratory.

Sponsor: Sen. Tammy Duckworth (D-IL) 

Summary: This legislation would require the National Institute of Standards and Technology to establish a premise plumbing research laboratory to conduct research on home and commercial plumbing systems with regard to water efficiency, safety, security, sustainability, and resilience. (Full Text)

History: Introduced in the Senate on March 3, 2020 and referred to the Senate Committee on Committee on Commerce, Science, and Transportation.

S. 3590 - Drinking Water Infrastructure Act of 2020

Status: Approved in committee and sent to the full Senate.

Purpose: To increase water storage, offer flooding protection and repair wastewater systems.

Sponsor: Sen. John Barrasso (R-WY) and Tom Carper (D-DE)

Summary: This bill would reauthorize Safe Drinking Water programs and clarify that the mission of the Advanced Drinking Water technology Program authorized by the bill is to “enhance treatment, monitoring, affordability, efficiency, or safety” of drinking water. (Full Text)

History: Introduced on May 4, 2020 and referred to the Senate Committee on Environment and Public Works.  The bill was approved by the full Committee on May 11, 2020 and reported to the full Senate where it was placed on the calendar for further consideration. 

S. 3591 - America's Water Infrastructure Act of 2020

Status: Approved in committee and sent to the full Senate.

Purpose: To increase water storage, offer flooding protection and repair wastewater systems.

Sponsor: Sen. John Barrasso (R-WY) and Tom Carper (D-DE)

Summary: This bill would authorize more than $17 billion to fund the Army Corps of Engineers’ flood protection, ecological restoration and other projects, as well as Environmental Protection Agency wastewater treatment and drinking water programs. (Full Text)

History: Introduced on May 4, 2020 and referred to the Senate Committee on Environment and Public Works.  The bill was approved by the full Committee on May 11, 2020 and reported to the full Senate where it was placed on the calendar for further consideration. 

S. 4228 - Water-Energy Technology Demonstration and Deployment Act

Status: Introduced and sent to committee.

Purpose: To provide for the demonstration and deployment of water-energy technologies.

Sponsor: Sen. Martha McSally (R-NM)

Summary: To fund energy efficiency demonstration projects for the design, study, construction, expansion, upgrade and capital repair of a water delivery systems that to reduce energy consumption associated with water delivery. (Full Text)

History: Introduced July 20, 2020 and referred to committee.

U.S. State-Level Legislation

State-level legislative actions taken during the 116th Congress. 

California, AB-533: Income taxes: exclusion: turf removal water conservation program.

This bill, introduced February 13, 2019,  would extend the operative date of the provisions excluding from gross income specified amounts received in a turf removal water conservation program to taxable years beginning before January 1, 2024. (Full Text)

Nevada, AB-163: AN ACT relating to water; revising certain requirements relating to a plan of water conservation; revising minimum standards for plumbing fixtures in new construction and expansions and renovations in certain structures; and...

Governor Steve Sisolak signed AB 163 into law on June 3, 2019. (Full Text)

Nevada Assemblyman Howard Watts, discusses water in Nevada and how the Nevada Legislature passed AB 163—which improves water efficiency and conservation plans in Nevada in Las Vegas Sun op-ed.