Sen. Ben Cardin (D-Md.) on February 25 introduced a series of new bills in response to the water crisis in Flint, Michigan. Among other objectives, the bills would establish a new EPA grant program designed to help communities and low-income private homeowners replace lead service lines and interior plumbing, set a 180-day deadline for EPA to promulgate a revised Lead and Copper Rule, and reauthorize funding levels for the Drinking Water and Clean Water State Revolving Funds (SRFs).
One new proposal, S. 2588, the “Get the Lead Out Act”, would authorize $300 million over five years for a new EPA grant program that would help communities finance the replacement of publicly owned lead service lines, or carry out “other relevant activities” EPA determines will “identify and address conditions” contributing to increased levels of lead in drinking water. Funding would also be made available to help low-income households replace their privately owned lead service lines or interior plumbing components containing lead.
S. 2588 includes several provisions reflecting AMWA input, such as excluding funding for partial lead service line replacements and avoiding caps that would limit the amount of grant assistance that could be available to directly aid low-income homeowners.
Another of Sen. Cardin’s new bills would attempt to quicken the pace of EPA’s revisions to the Lead and Copper Rule. S. 2587, the “Copper and Lead Evaluation and Reporting (CLEAR) Act” would direct EPA to promulgate new lead and copper regulations within 180 days, based on a standard that would keep blood lead levels below 5 micrograms per deciliter “in an average, healthy infant who consumes infant formula made with water.” Other sections of the bill would require EPA regulations directing utilities to conduct “frequent and culturally and linguistically appropriate” outreach to vulnerable populations and consumers with lead service lines. For “any community that has a lead service line,” the utility would be required to “provide a public statement of lead service line ownership.”
AMWA has told Sen. Cardin’s staff of several initial concerns with S. 2587, such as the potential designation of entire lead service lines as public property and the imposition of an arbitrary deadline for completion of the Lead and Copper Rule. The senator’s staff has indicated a willingness to continue to work with AMWA and other stakeholders on the details of the legislation.
The two remaining bills introduced by Sen. Cardin in late February would reauthorize funding for the Drinking Water and Clean Water SRFs (S. 2583), and require states to report elevated blood lead levels to the Centers for Disease Control and Prevention (S. 2586). The SRF bill mirrors a proposal Sen. Cardin introduced earlier in February to reauthorize the programs at $56.1 billion over five years, but with an updated schedule that would begin the authorization in the 2017 fiscal year.
At this point none of the four proposals appears poised to move quickly through the Senate, but components of some bills could remain on the table for discussion as lawmakers consider the next steps of their response to the Flint water crisis.