New legislation that would eliminate the water and wastewater utility exemption from the Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) program is expected to be dead on arrival in Congress.
H.R. 2890, which was introduced in September by freshman Democratic Rep. Hansen Clarke of Michigan, would strike drinking water and wastewater systems from the list of entities exempt from CFATS, and would delegate EPA the authority to enforce CFATS at water systems.
Rep. Clarke, who serves on the House Homeland Security Committee, offered a similar proposal as an amendment earlier this year when the panel considered legislation to extend the CFATS program and maintain the water exemption. Clarke’s amendment was defeated at that time, and there are no signs that the idea has picked up any momentum since then. The bill was introduced with no cosponsors in the House, and various Hill staffers have told AMWA that Clarke’s plan to delegate enforcement authority from one federal department to another is unworkable.
Meanwhile, Congress recently voted to extend the existing CFATS program through November 18, as part of a continuing resolution to fund the federal government for the first seven weeks of the 2012 fiscal year. CFATS is expected to continue to receive temporary extensions through subsequent FY12 spending resolutions, as House leaders have not announced a timeframe to vote on other proposals (H.R. 901, H.R. 908) that would reauthorize CFATS for several years. None of these proposals would impact the water sector’s exemption from CFATS coverage.