In addition to SRF WIN and water utility resiliency assistance, America’s Water Infrastructure Act of 2018 (S. 2800) approved by the Senate Environment and Public Works (EPW) Committee on May 22 contains a number of other drinking water policy reforms. Several notable items include:
- Reauthorizing the existing Water Infrastructure Finance and Innovation Act (WIFIA) program for two years, through 2021, and dropping its designation as a “pilot” program;
- Formally authorizing EPA’s WaterSense program;
- Permanently applying “Buy American” iron and steel requirements to projects funded in whole or in part by the Drinking Water State Revolving Fund;
- Authorizing states to use up to 10 percent of their Drinking Water State Revolving Fund capitalization grants to implement source water protection plans;
- Requiring communities with populations of greater than 10,000 people to comply with a qualification-based selection process for architectural and engineering services established by the Brooks Act, for projects using DWSRF funds (Congress imposed a similar requirement for CWSRF-funded projects in 2014);
- Establishing a new competitive grant program at EPA to promote innovative workforce development for the water utility sector;
- Expressing the sense of Congress in support of “robust” funding for the Drinking Water and Clean Water SRF programs;
- Directing the Government Accountability Office to complete a study analyzing how small and rural communities may access the WIFIA program, and recommending ways to improve access to the program for small and rural communities; and
- Directing the U.S. Army Corps of Engineers to conduct a study to examine impediments to implementation of its version of the WIFIA program, which was authorized in 2014 but has yet to see any activity.
These numerous drinking water policy provisions contained in S. 2800 stand in contrast to the House Transportation and Infrastructure Committee’s own proposed WRDA bill, approved by the panel on May 23. The House proposal includes none of these drinking water policy items, indicating that a House-Senate conference committee will ultimately negotiate which, if any, to include in the final legislation.