Legislation introduced in the House of Representatives on September 18 would reauthorize the Drinking Water State Revolving Fund (DWSRF) program for three years while adding preferences for projects that help water systems protect future public health and redefining the statute’s definition of “disadvantaged communities” to include portions of a utility’s service area.
Sponsored by Reps. Paul Tonko (D-N.Y.) and Henry Waxman (D-Calif.), the “Assistance, Quality and Affordability Act” (H.R. 5534) is largely based upon an earlier DWSRF reauthorization bill that the House of Representatives approved in 2010. Like the earlier version, the new bill includes several DWSRF reforms that AMWA supports, such as directing states to give additional priority to projects that will help water systems protect public health “affordably in the future.” This language is intended to direct additional DWSRF assistance to communities that are currently in compliance with SDWA standards, but require additional infrastructure investment to maintain that standing going forward.
The legislation would also allow a utility to receive targeted aid for a portion of its service area, if that portion would independently qualify as a “disadvantaged community.” SDWA currently only allows a utility’s entire service area to qualify as disadvantaged, which often has the effect of excluding large water systems whose disadvantaged areas are offset by wealthier neighborhoods elsewhere in the community.
H.R. 5534 would permanently apply “Buy American” requirements for the use of domestic iron and steel products to the DWSRF. The same rules presently apply to the DWSRF through a provision in EPA’s FY14 appropriations bill, and earlier this year Congress added permanent “Buy American” language to the Clean Water SRF and the new WIFIA program.
A section-by-section summary of the legislation prepared by its supporters is available online, but other notable provisions of the proposal would:
- Give additional weight to DWSRF applications from utilities that have undertaken asset management planning;
- Authorize EPA to spend up to $4.2 billion on the DWSRF over the next three years, though the actual amount of appropriated funds would likely be much lower;
- Offer competitive technical assistance to nonprofit organizations that to help small water systems comply with SDWA requirements;
- Direct EPA to conduct a study on the presence of pharmaceuticals and personal care products in drinking water sources and develop criteria for evaluating effective water loss control technologies; and
- Require EPA to promulgate a rule mandating the electronic submission of compliance monitoring records by water systems and primacy states.
H.R. 5534 is not expected to advance in Congress before the end of the year, but the measure could represent a symbolic handoff of Democratic leadership on drinking water issues from Rep. Waxman – the Energy and Commerce Committee ranking Democrat who is retiring at year’s end – to Rep. Tonko. Tonko is the ranking Democrat on the House subcommittee with jurisdiction over SDWA and the DWSRF program, and could become more active in water issues next year.