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Legislation introduced in the House of Representatives on February 29 by Rep. Paul Tonko (D-N.Y.) would reauthorize the Drinking Water State Revolving Fund (DWSRF), offer funding aid to water systems seeking to replace lead service lines and establish new programs to help communities respond to drought and global climate change.

The “Assistance, Quality, and Affordability (AQUA) Act” (H.R. 4653) would incorporate several changes to the DWSRF that have been under discussion over the past several years, including as part of an earlier version of the AQUA Act that Rep. Tonko sponsored in 2014.  These reforms include redefining the statute’s definition of “disadvantaged communities” to include portions of a water utility’s service area (rather than the entire service area), and requiring states to give additional priority to projects that will help water systems protect public health “affordably in the future” – which is intended to steer broaden DWSRF availability for projects in communities that are currently in compliance with SDWA’s water quality standards.

Other changes proposed for the DWSRF would clarify that preconstruction activities, rehabilitation and replacement of aging infrastructure, and production or capture of sustainable energy are eligible for DWSRF funding.  The legislation would permanently apply “Buy American” requirements for the use of domestic iron and steel products to all projects funded through DWSRF, and the bill would authorize more than $21 billion for the program over the next five years.

Aside from the DWSRF reauthorization, Rep. Tonko’s bill includes a number of new initiatives aimed at improving utility infrastructure and protecting public health.  These include:

  • Directing 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;
  • Requiring EPA to develop a strategic plan for assessing and managing the risks of drought to drinking water;
  • Establishing a “Water Infrastructure Resiliency and Sustainability” program to help utilities adapt to climate change, similar to an AMWA-backed proposal originally offered by Rep. Lois Capps (D-Calif.); and
  • Creating an EPA grant program to help communities and low-income homeowners replace lead service lines.

House Republican leaders are unlikely to advance Rep. Tonko’s legislation in its current form, but the congressman is expected to use the bill to bring additional attention to water infrastructure needs as the water crisis in Flint, Michigan maintains its hold on Capitol Hill’s attention.