Infrastructure Investment and Jobs Act (IIJA): Drinking Water and Wastewater Infrastructure

Changes from September 1, 2021 to January 4, 2022

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Infrastructure Investment and Jobs Act (IIJA): January 4, 2022:
~~September 1, 2021~~
Drinking Water and Wastewater Infrastructure Elena H. Humphreys
In recent years, multiple events have increased attention to the condition of the nation’s local In recent years, multiple events have increased attention to the condition of the nation’s local
Analyst in Environmental Analyst in Environmental
drinking water and wastewater infrastructure, and the financial challenges that communities drinking water and wastewater infrastructure, and the financial challenges that communities
Policy Policy
confront in maintaining, repairing, or replacing aging water infrastructure. The U.S. confront in maintaining, repairing, or replacing aging water infrastructure. The U.S.

Environmental Protection Agency (EPA) estimates that the capital cost of wastewater and Environmental Protection Agency (EPA) estimates that the capital cost of wastewater and
Jonathan L. Ramseur
drinking water infrastructure needed to meet federal water quality and safety requirements and drinking water infrastructure needed to meet federal water quality and safety requirements and
Specialist in Environmental Specialist in Environmental
public health objectives exceeds $744 billion over a 20-year period. public health objectives exceeds $744 billion over a 20-year period.
Policy Policy

Congressional interest in expanding federal funding for local drinking water and wastewater Congressional interest in expanding federal funding for local drinking water and wastewater
infrastructure has also increased in recent years. Recent legislation has focused on a number of infrastructure has also increased in recent years. Recent legislation has focused on a number of

themes, including affordability of local water infrastructure projects in low-income communities, themes, including affordability of local water infrastructure projects in low-income communities,
the creation of new grant programs to address specific objectives, and increased funding for the existing grant programs that the creation of new grant programs to address specific objectives, and increased funding for the existing grant programs that
address certain types of projects, including lead reduction, resilience, and stormwater management. At the same time, address certain types of projects, including lead reduction, resilience, and stormwater management. At the same time,
appropriations for various federal financial assistance programs have increased in recent years. These programs include the appropriations for various federal financial assistance programs have increased in recent years. These programs include the
Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF) programs, authorized Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF) programs, authorized
under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), respectively. under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA), respectively.
In the 117th Congress, the American Rescue Plan Act (ARPA; P.L. 117-2), enacted March 11, 2021, provided $350 billion in In the 117th Congress, the American Rescue Plan Act (ARPA; P.L. 117-2), enacted March 11, 2021, provided $350 billion in
grants for state and local governments for Coronavirus Disease 2019 (COVID-19)-related purposes, which can include water grants for state and local governments for Coronavirus Disease 2019 (COVID-19)-related purposes, which can include water
or sewer infrastructure investments. The U.S. Department of the Treasury’s interim final rule implementing this funding or sewer infrastructure investments. The U.S. Department of the Treasury’s interim final rule implementing this funding
allocation stated that the eligibility of water or sewer projects would align with eligibility of projects in the SRF programs. allocation stated that the eligibility of water or sewer projects would align with eligibility of projects in the SRF programs.
Both chambers have passed legislation that would support water infrastructure activities. The House-passed INVEST Act Both chambers have passed legislation that would support water infrastructure activities. The House-passed INVEST Act
(H.R. 3684) would authorize (H.R. 3684) would authorize ~~several~~ targeted EPA-administered grant programs for wastewater or drinking water targeted EPA-administered grant programs for wastewater or drinking water
infrastructure, and would amend the SDWA process EPA uses to regulate contaminants in drinking water. The Senate-passed infrastructure, and would amend the SDWA process EPA uses to regulate contaminants in drinking water. The Senate-passed
Drinking Water and Wastewater Infrastructure Act of 2021 (S. 914) would create multiple EPA-administered grant programs, Drinking Water and Wastewater Infrastructure Act of 2021 (S. 914) would create multiple EPA-administered grant programs,
under both the CWA and SDWA. On August 10, 2021, the Senate passed the Infrastructure Investment and Jobs Act (IIJA) under both the CWA and SDWA. On August 10, 2021, the Senate passed the Infrastructure Investment and Jobs Act (IIJA)
as a substitute as a substitute amendment to H.R. 3684. On November 5, 2021, the House agreed to the Senate amendment, and the President signed IIJA (P.L. 117-58) on November 8, 2021~~amendment (S.Amdt. 2137) to H.R. 3684~~. Division E of IIJA includes many of the drinking water and . Division E of IIJA includes many of the drinking water and
wastewater provisions from S. 914. In addition to authorizing wastewater provisions from S. 914. In addition to authorizing ~~numerous~~ EPA-administered infrastructure grant programs and EPA-administered infrastructure grant programs and
amending existing programs, IIJA amending existing programs, IIJA ~~would provide~~provides emergency supplemental appropriations for drinking water and wastewater emergency supplemental appropriations for drinking water and wastewater
infrastructure. infrastructure.
This report discusses the drinking water and wastewater infrastructure provisions in IIJA This report discusses the drinking water and wastewater infrastructure provisions in IIJA ~~(as passed by the Senate on August~~
~~10, 2021)~~. Drinking water and wastewater-relevant provisions of the . Drinking water and wastewater-relevant provisions of the ~~bill~~act include the following: include the following:
 Emergency supplemental appropriations to the SRF programs, which  Emergency supplemental appropriations to the SRF programs, which ~~would~~ represent a substantial increase represent a substantial increase
over over recent regular appropriations for these programs; in particular, the level of DWSRF appropriations recent regular appropriations for these programs; in particular, the level of DWSRF appropriations
~~would~~ average $6.14 billion per fiscal year, nearly average $6.14 billion per fiscal year, nearly ~~three~~six times the level of recent DWSRF annual times the level of recent DWSRF annual
appropriations; the majority of the supplemental funding for the DWSRF program appropriations; the majority of the supplemental funding for the DWSRF program ~~would be~~are dedicated to dedicated to
lead line replacement. lead line replacement.
 Nearly half of the supplemental funding for the SRF programs  Nearly half of the supplemental funding for the SRF programs ~~would be~~is directed to principal forgiveness or directed to principal forgiveness or
grants, grants, in contrast to subsidized loans, the traditional instrument of the SRF programs. in contrast to subsidized loans, the traditional instrument of the SRF programs.
 Supplemental appropriations to address emerging contaminants: $4 billion for the DWSRF program and $1  Supplemental appropriations to address emerging contaminants: $4 billion for the DWSRF program and $1
billion for the CWSRF program over five fiscal years. billion for the CWSRF program over five fiscal years.
 Authority for EPA to establish multiple new grant programs to address a range of specific objectives,  Authority for EPA to establish multiple new grant programs to address a range of specific objectives,
including assistance to specific communities, improvements in resilience to natural hazards and including assistance to specific communities, improvements in resilience to natural hazards and
cybersecurity vulnerabilities, among others. cybersecurity vulnerabilities, among others.
 Modifications in funding authority and eligibility to several existing EPA funding programs, including the  Modifications in funding authority and eligibility to several existing EPA funding programs, including the
SRF programs and grant programs that address specific concerns, including affordability. SRF programs and grant programs that address specific concerns, including affordability.

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Infrastructure Investment and Jobs Act: Drinking Water and Wastewater Infrastructure

Introduction
In recent years, multiple events have increased attention to the condition of the nation’s local In recent years, multiple events have increased attention to the condition of the nation’s local
drinking water and wastewater infrastructure, and the financial challenges that communities drinking water and wastewater infrastructure, and the financial challenges that communities
confront in maintaining, repairing, or replacing aging water infrastructure. Such events include confront in maintaining, repairing, or replacing aging water infrastructure. Such events include
elevated lead levels in the drinking water in Flint, MI, Newark, NJ, and other older cities; local elevated lead levels in the drinking water in Flint, MI, Newark, NJ, and other older cities; local
water infrastructure damage from hurricanes, winter storms, or other natural hazards; and water infrastructure damage from hurricanes, winter storms, or other natural hazards; and
detection of unregulated contaminants that may require installation of additional treatment. detection of unregulated contaminants that may require installation of additional treatment.
In many communities, water distribution, wastewater collection, and treatment systems may In many communities, water distribution, wastewater collection, and treatment systems may
require repair or replacement to maintain levels of service and comply with relevant water require repair or replacement to maintain levels of service and comply with relevant water
treatment requirements.1 An overarching issue is deferral, for a range of reasons, of local treatment requirements.1 An overarching issue is deferral, for a range of reasons, of local
investment in water infrastructure. investment in water infrastructure.
The U.S. Environmental Protection Agency (EPA) provides periodic reports that estimate the The U.S. Environmental Protection Agency (EPA) provides periodic reports that estimate the
capital cost of wastewater and drinking water infrastructure needs. EPA’s most recent report on capital cost of wastewater and drinking water infrastructure needs. EPA’s most recent report on
drinking water indicates that public water systems need to invest $473 billion on infrastructure drinking water indicates that public water systems need to invest $473 billion on infrastructure
improvements over 20 years to ensure the provision of safe drinking water.2 A broader water improvements over 20 years to ensure the provision of safe drinking water.2 A broader water
infrastructure survey conducted by the American Water Works Association estimated that, for infrastructure survey conducted by the American Water Works Association estimated that, for
drinking water alone, the cost to repair aging infrastructure and expand water service to meet drinking water alone, the cost to repair aging infrastructure and expand water service to meet
growing demand would be $1 trillion over 20 years.3 EPA’s report on wastewater estimates that growing demand would be $1 trillion over 20 years.3 EPA’s report on wastewater estimates that
the nation’s wastewater treatment facilities will need $271 billion over the next 20 years to meet the nation’s wastewater treatment facilities will need $271 billion over the next 20 years to meet
federal water quality objectives.4 federal water quality objectives.4
Congressional interest in drinking water and wastewater infrastructure issues has generally Congressional interest in drinking water and wastewater infrastructure issues has generally
increased in recent years. As a reflection of this interest, Congress has increased appropriations in increased in recent years. As a reflection of this interest, Congress has increased appropriations in
recent years for several financial assistance programs administered by EPA. These programs recent years for several financial assistance programs administered by EPA. These programs
include the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving include the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving
Fund (DWSRF) programs, established under the Clean Water Act (CWA)5 and the Safe Drinking Fund (DWSRF) programs, established under the Clean Water Act (CWA)5 and the Safe Drinking
Water Act (SDWA),6 respectively. Recent legislation has focused on a number of themes, Water Act (SDWA),6 respectively. Recent legislation has focused on a number of themes,
including affordability of local water infrastructure projects in low-income communities, the including affordability of local water infrastructure projects in low-income communities, the
creation of new EPA-administered (rather than administered through the states) grant programs,
1 See, for example, American Water Works Association, 1 See, for example, American Water Works Association, Buried No Longer: Confronting America’s Water
Infrastructure Challenge, 2012, https://www.awwa.org/Portals/0/AWWA/ETS/Resources/BuriedNoLonger2012.pdf?, 2012, https://www.awwa.org/Portals/0/AWWA/ETS/Resources/BuriedNoLonger2012.pdf?
ver=2020-09-21-095318-407. ver=2020-09-21-095318-407.
2 EPA reports that, while all of the projects identified in the survey would promote SDWA health protection objectives, 2 EPA reports that, while all of the projects identified in the survey would promote SDWA health protection objectives,
$57.6 billion (12%) of reported needs are attributable to SDWA compliance. See EPA, $57.6 billion (12%) of reported needs are attributable to SDWA compliance. See EPA, Drinking Water Infrastructure
Needs Survey and Assessment: Sixth Report to Congress, 2018, https://www.epa.gov/dwsrf/what-infrastructure-needs-2018, https://www.epa.gov/dwsrf/what-infrastructure-needs-
survey-and-assessment. survey-and-assessment.
3 American Water Works Association (AWWA), “Buried No Longer: Confronting America’s Water Infrastructure 3 American Water Works Association (AWWA), “Buried No Longer: Confronting America’s Water Infrastructure
Challenge,” 2012. Unlike EPA’s drinking water needs assessment, the AWWA estimate included the cost for additional Challenge,” 2012. Unlike EPA’s drinking water needs assessment, the AWWA estimate included the cost for additional
distribution lines investments anticipated to meet projected population growth, regional population shifts, and service distribution lines investments anticipated to meet projected population growth, regional population shifts, and service
area growth through 2050, as well as the costs for investments needed for statutory compliance and repairs to aging area growth through 2050, as well as the costs for investments needed for statutory compliance and repairs to aging
water infrastructure. water infrastructure.
4 EPA, Clean Watersheds Needs Survey (CWNS) Report to Congress—2012, 2016, https://www.epa.gov/cwns. 4 EPA, Clean Watersheds Needs Survey (CWNS) Report to Congress—2012, 2016, https://www.epa.gov/cwns.
5 The statutory name for the Clean Water Act is the Federal Water Pollution Control Act, as amended, codified at 33 5 The statutory name for the Clean Water Act is the Federal Water Pollution Control Act, as amended, codified at 33
U.S.C. §§1231-1387. The current act took much of its current form after enactment of the Federal Water Pollution U.S.C. §§1231-1387. The current act took much of its current form after enactment of the Federal Water Pollution
Control Act Amendments of 1972 (P.L. 92-500), which established the Title II construction grants program (although Control Act Amendments of 1972 (P.L. 92-500), which established the Title II construction grants program (although
prior versions of the act had authorized less ambitious grants assistance since 1956). prior versions of the act had authorized less ambitious grants assistance since 1956).
6 SDWA is codified generally at 42 U.S.C. §§300f-300j. 6 SDWA is codified generally at 42 U.S.C. §§300f-300j.
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~~creation of new grant programs,~~ and increased funding to existing programs that address specific and increased funding to existing programs that address specific
objectives (e.g., lead reduction, increased resilience, or stormwater management). objectives (e.g., lead reduction, increased resilience, or stormwater management).
In the 117th Congress, the American Rescue Plan Act (ARPA; P.L. 117-2), enacted March 11, In the 117th Congress, the American Rescue Plan Act (ARPA; P.L. 117-2), enacted March 11,
2021, provided $350 billion in grants for state and local governments for Coronavirus Disease 2021, provided $350 billion in grants for state and local governments for Coronavirus Disease
2019 (COVID-19)-related purposes, which can include water or sewer infrastructure 2019 (COVID-19)-related purposes, which can include water or sewer infrastructure
investments.7 ARPA assigned responsibility for the distribution of this funding to the Secretary of investments.7 ARPA assigned responsibility for the distribution of this funding to the Secretary of
the Treasury. The U.S. Department of the Treasury’s interim final rule stated that the eligibility of the Treasury. The U.S. Department of the Treasury’s interim final rule stated that the eligibility of
water or sewer projects would align with eligibility of projects in the SRF programs.8 The act also water or sewer projects would align with eligibility of projects in the SRF programs.8 The act also
provided $500 million to assist low-income households with their water and wastewater services provided $500 million to assist low-income households with their water and wastewater services
bills.9 bills.9
Both chambers in the 117th Congress have passed legislation that include numerous water and Both chambers in the 117th Congress have passed legislation that include numerous water and
wastewater infrastructure program and funding provisions. On April 29, 2021, the Senate passed wastewater infrastructure program and funding provisions. On April 29, 2021, the Senate passed
the Drinking Water and Wastewater Infrastructure Act of 2021 (S. 914). The bill would authorize the Drinking Water and Wastewater Infrastructure Act of 2021 (S. 914). The bill would authorize
multiple EPA-administered grant programs, under both the CWA and SDWA, and would extend multiple EPA-administered grant programs, under both the CWA and SDWA, and would extend
and increase the authorizations of appropriations for the CWSRF and DWSRF and other existing and increase the authorizations of appropriations for the CWSRF and DWSRF and other existing
programs. programs.
On July 1, 2021, the House passed the INVEST in America Act (H.R. 3684), which would On July 1, 2021, the House passed the INVEST in America Act (H.R. 3684), which would
authorize several new EPA-administered grant programs for wastewater or drinking water authorize several new EPA-administered grant programs for wastewater or drinking water
infrastructure and would authorize substantial increases in funding for existing programs.10 It infrastructure and would authorize substantial increases in funding for existing programs.10 It
would also amend the SDWA process EPA uses to regulate contaminants in drinking water, would also amend the SDWA process EPA uses to regulate contaminants in drinking water,
among other provisions. among other provisions.
On August 10, 2021, the Senate passed the Infrastructure Investment and Jobs Act (IIJA) as a On August 10, 2021, the Senate passed the Infrastructure Investment and Jobs Act (IIJA) as a
substitute amendment (S.Amdt. 2137) to H.R. 3684.11 substitute amendment (S.Amdt. 2137) to H.R. 3684.11 On November 5, 2021, the House agreed to the Senate amendment, and President Biden signed the measure on November 8, 2021. This ~~This~~ broad infrastructure broad infrastructure ~~measure~~act is both is both
an authorizing an authorizing ~~bill~~act and an appropriations and an appropriations ~~bill~~act.12 Division E of IIJA .12 Division E of IIJA (P.L. 117-58) includes many of the drinking includes many of the drinking
water and wastewater provisions from S. 914. In addition to authorizing numerous EPA-water and wastewater provisions from S. 914. In addition to authorizing numerous EPA-
administered infrastructure grant programs and amending existing programs and providing administered infrastructure grant programs and amending existing programs and providing
authorizations of appropriations for these programs, IIJA authorizations of appropriations for these programs, IIJA ~~would provide~~provides emergency supplemental emergency supplemental
appropriations13 in EPA’s State and Tribal Assistance Grantsappropriations13 in EPA’s State and Tribal Assistance Grants ~~(STAG) account for drinking water~~

7 These funds are not administered by EPA, but by the U.S. Department of Treasury. 7 These funds are not administered by EPA, but by the U.S. Department of Treasury.
8 U.S. Department of Treasury, “Coronavirus State and Local Fiscal Recovery Funds,” 868 U.S. Department of Treasury, “Coronavirus State and Local Fiscal Recovery Funds,” 86 Federal Register 26786- 26786-
26824, May 17, 2021. 26824, May 17, 2021.
9 ARPA §2912 9 ARPA §2912~~; for~~. The Consolidated Appropriations Act, 2021 (P.L. 116-260) provided $638 million to the Department of Health and Human Services for the same program. For more information, see CRS Insight IN11642, more information, see CRS Insight IN11642, Water Service Issues and COVID-19: Recent
Congressional Funding, by Elena H. Humphreys and Libby Perl. , by Elena H. Humphreys and Libby Perl.
10 For example, the House-passed INVEST Act would authorize $8 billion annually for FY2022 through FY2026 for 10 For example, the House-passed INVEST Act would authorize $8 billion annually for FY2022 through FY2026 for
the CWSRF (§12018); for the DWSRF program, the act would authorize $4.1 billion for FY2022, $4.8 billion for the CWSRF (§12018); for the DWSRF program, the act would authorize $4.1 billion for FY2022, $4.8 billion for
FY2023, and $5.5 annually for FY2024 through FY2031 (§13106). In comparison to the Senate-passed IIJA, the FY2023, and $5.5 annually for FY2024 through FY2031 (§13106). In comparison to the Senate-passed IIJA, the
House-passed bill would not provide emergency supplemental appropriations. House-passed bill would not provide emergency supplemental appropriations.
11 Some Members and stakeholders refer to this legislation as the “bipartisan infrastructure deal.” 11 Some Members and stakeholders refer to this legislation as the “bipartisan infrastructure deal.”
12 Congress has established a process that provides for two separate types of measures—authorization measures and 12 Congress has established a process that provides for two separate types of measures—authorization measures and
appropriation measures. These measures perform different functions. Authorization acts establish, continue, or modify appropriation measures. These measures perform different functions. Authorization acts establish, continue, or modify
agencies or programs. For example, an authorization act may establish or modify EPA programs, such as the SRF agencies or programs. For example, an authorization act may establish or modify EPA programs, such as the SRF
programs. An authorization act may also explicitly authorize subsequent appropriations for specific agencies and programs. An authorization act may also explicitly authorize subsequent appropriations for specific agencies and
programs, frequently setting spending ceilings for them. See, CRS Report R42388, programs, frequently setting spending ceilings for them. See, CRS Report R42388, The Congressional Appropriations
Process: An Introduction, coordinated by James V. Saturno. , coordinated by James V. Saturno.
13 In addition to the amounts provided in a regular appropriations measure, Congress may enact additional funding for 13 In addition to the amounts provided in a regular appropriations measure, Congress may enact additional funding for
selected activities in the form of one or more supplemental appropriations measures. In general, supplemental funding selected activities in the form of one or more supplemental appropriations measures. In general, supplemental funding
~~may be enacted to address cases where resources provided through the annual appropriations process are determined to~~
~~be inadequate or not timely.~~
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(STAG) account for drinking water and wastewater infrastructure. This funding and wastewater infrastructure. This funding ~~would include~~ includes emergency supplemental emergency supplemental
appropriations for the DWSRF and CWSRF, among other grant programs.14 appropriations for the DWSRF and CWSRF, among other grant programs.14
While the emergency supplemental SRF appropriations in IIJA While the emergency supplemental SRF appropriations in IIJA ~~would be~~are spread over five fiscal spread over five fiscal
years (FY2022 through FY2026), the scale of appropriations for the SRF programs years (FY2022 through FY2026), the scale of appropriations for the SRF programs ~~would~~
represent a substantial increase over recent regular appropriations, particularly for the DWSRF represent a substantial increase over recent regular appropriations, particularly for the DWSRF
program. Between FY2017 and FY2021, annual appropriations acts have provided an average of program. Between FY2017 and FY2021, annual appropriations acts have provided an average of
$1.1 billion in DWSRF appropriations per fiscal year, and an average of $1.6 billion in CWSRF $1.1 billion in DWSRF appropriations per fiscal year, and an average of $1.6 billion in CWSRF
appropriations per fiscal year. While some DWSRF appropriations in IIJA are directed for appropriations per fiscal year. While some DWSRF appropriations in IIJA are directed for
specific purposes (e.g., grants for lead service line replacement and for addressing unregulated specific purposes (e.g., grants for lead service line replacement and for addressing unregulated
contaminants), the level of DWSRF appropriations contaminants), the level of DWSRF appropriations ~~would average~~averages $6.14 billion per fiscal year, $6.14 billion per fiscal year,
nearly nearly ~~three~~six times the level of recent DWSRF annual appropriations. times the level of recent DWSRF annual appropriations.
The 117th Congress continues to consider regular appropriations for water infrastructure The 117th Congress continues to consider regular appropriations for water infrastructure
programs. H.R. 4372, as reported (H.Rept. 117-83), programs. H.R. 4372, as reported (H.Rept. 117-83), ~~would provide~~provides $1.87 billion in CWSRF $1.87 billion in CWSRF
appropriations and $1.36 billion in DWSRF appropriations for FY2022. Taken together, appropriations and $1.36 billion in DWSRF appropriations for FY2022. Taken together, ~~the~~
~~proposed~~ IIJA’s emergency supplemental and regular SRF appropriations would comprise a significant emergency supplemental and regular SRF appropriations would comprise a significant
increase in federal funding for drinking water and wastewater infrastructure. In addition, some increase in federal funding for drinking water and wastewater infrastructure. In addition, some
states and localities may choose to use a portion of their ARPA COVID-19-related allotment for states and localities may choose to use a portion of their ARPA COVID-19-related allotment for
water infrastructure, as discussed above. water infrastructure, as discussed above.
Oversight of these proposed increases in federal financial assistance for local drinking water and Oversight of these proposed increases in federal financial assistance for local drinking water and
wastewater infrastructure projects may be of congressional interest. In IIJA, a percentage of wastewater infrastructure projects may be of congressional interest. In IIJA, a percentage of
appropriations are reserved for the EPA’s Office of Inspector General (OIG). In addition to the appropriations are reserved for the EPA’s Office of Inspector General (OIG). In addition to the
Administration’s oversight through the EPA OIG, oversight of such funds could be provided Administration’s oversight through the EPA OIG, oversight of such funds could be provided
through congressional committee activities or a legislative support agency, such as the U.S. through congressional committee activities or a legislative support agency, such as the U.S.
Government Accountability Office (GAO).15 Other types of congressional oversight include Government Accountability Office (GAO).15 Other types of congressional oversight include
authorizing specific administrative bodies such as the Recovery Accountability and Transparency authorizing specific administrative bodies such as the Recovery Accountability and Transparency
Board, which was established Board, which was established ~~by ARRA~~to oversee emergency supplemental appropriations made by the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5).16 .16
The first section of this report provides a brief history of the primary financial assistance The first section of this report provides a brief history of the primary financial assistance
programs for drinking water and wastewater infrastructure. Following this context, the report programs for drinking water and wastewater infrastructure. Following this context, the report
provides two tables that include details regarding the drinking water and wastewater provides two tables that include details regarding the drinking water and wastewater
infrastructure provisions in IIJA. infrastructure provisions in IIJA.
Table 1 identifies proposed emergency supplemental appropriations for EPA drinking water and
~~wastewater infrastructure financial assistance programs contained in IIJA (Division J, Title VI).~~
~~The table also includes further details regarding the proposed funding and provides comments for~~
~~additional context.~~

may be enacted to address cases where resources provided through the annual appropriations process are determined to be inadequate or not timely. 14 IIJA, Division J, Title VI. Appropriations may be designated or otherwise provided so that they are effectively 14 IIJA, Division J, Title VI. Appropriations may be designated or otherwise provided so that they are effectively
exempt from the budget enforcement limits. Such funding may be referred to as “emergency spending.” For more exempt from the budget enforcement limits. Such funding may be referred to as “emergency spending.” For more
details, see CRS Report R42388, details, see CRS Report R42388, The Congressional Appropriations Process: An Introduction, coordinated by James , coordinated by James
V. Saturno. V. Saturno.
15 In response to the economic conditions from 2007 to 2009 (i.e., “Great Recession”), the American Recovery and 15 In response to the economic conditions from 2007 to 2009 (i.e., “Great Recession”), the American Recovery and
Reinvestment Act (ARRA, P.L. 111-5) of 2009 provided emergency supplemental appropriations for water Reinvestment Act (ARRA, P.L. 111-5) of 2009 provided emergency supplemental appropriations for water
infrastructure delivered through the SRFs. ARRA provided several oversight provisions, including use-of-funds infrastructure delivered through the SRFs. ARRA provided several oversight provisions, including use-of-funds
reporting by federal agencies, state and local implementing agencies, ARRA funding recipients, the U.S. Government reporting by federal agencies, state and local implementing agencies, ARRA funding recipients, the U.S. Government
Accountability Office, and the inspector general offices of federal departments or agencies. Accountability Office, and the inspector general offices of federal departments or agencies.
16 For more information about ARRA’s oversight provisions, see CRS Report R40572, 16 For more information about ARRA’s oversight provisions, see CRS Report R40572, General Oversight Provisions
in the American Recovery and Reinvestment Act of 2009 (ARRA): Requirements and Related Issues, by Clinton T. , by Clinton T.
Brass. Brass.
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Table 1 identifies emergency supplemental appropriations for EPA drinking water and wastewater infrastructure financial assistance programs contained in IIJA (Division J, Title VI). The table also includes further details regarding the funding and provides comments for additional context. Table 2 provides a summary of each 2 ~~provides a summary of each proposed~~ section in IIJA, Division E, which includes a range section in IIJA, Division E, which includes a range
of drinking water and wastewater infrastructure provisions and related authorizations of of drinking water and wastewater infrastructure provisions and related authorizations of
appropriations. The right-hand column of the table includes additional comments and context for appropriations. The right-hand column of the table includes additional comments and context for
some of the some of the ~~bill~~act’s sections. ’s sections.
Wastewater Infrastructure and Drinking Water
Financial Assistance: A Brief History17
In 1972, amendments to the CWA established the principal federal program to support wastewater In 1972, amendments to the CWA established the principal federal program to support wastewater
infrastructure activities.18 The CWA Title II program was a grant program that provided funding infrastructure activities.18 The CWA Title II program was a grant program that provided funding
for the construction of wastewater treatment facilities and related objectives. Federal funds were for the construction of wastewater treatment facilities and related objectives. Federal funds were
provided through annual appropriations under a state-by-state allocation formula contained in the provided through annual appropriations under a state-by-state allocation formula contained in the
CWA. States used their allotments to make grants to cities for eligible activities. Through CWA. States used their allotments to make grants to cities for eligible activities. Through
FY1984, Congress had appropriated nearly $41 billion under this program, representing the FY1984, Congress had appropriated nearly $41 billion under this program, representing the
largest nonmilitary public works program since the Interstate Highway System. largest nonmilitary public works program since the Interstate Highway System.
In the Water Quality Act of 1987,19 Congress phased out the Title II construction grants program In the Water Quality Act of 1987,19 Congress phased out the Title II construction grants program
and authorized the CWSRF program and appropriations to capitalize state revolving loan funds. and authorized the CWSRF program and appropriations to capitalize state revolving loan funds.
Under the CWSRF program, EPA receives an appropriation and makes grants to states to Under the CWSRF program, EPA receives an appropriation and makes grants to states to
capitalize revolving funds administered by states. The states use the capitalization grant, and the capitalize revolving funds administered by states. The states use the capitalization grant, and the
required 20% state match, to make loans to publicly owned treatment works and other eligible required 20% state match, to make loans to publicly owned treatment works and other eligible
entities for wastewater projects. Over time, those entities repay the loan to the state fund. entities for wastewater projects. Over time, those entities repay the loan to the state fund.
Together, the capitalization grant, state match, repayments, and leveraged funds were intended to Together, the capitalization grant, state match, repayments, and leveraged funds were intended to
be a sustainable source of wastewater infrastructure financial assistance at the state level. be a sustainable source of wastewater infrastructure financial assistance at the state level.
The initial federal financial assistance program for drinking water infrastructure was the DWSRF, The initial federal financial assistance program for drinking water infrastructure was the DWSRF,
authorized by the SWDA Amendments of 1996.20 Federal funding support for drinking water authorized by the SWDA Amendments of 1996.20 Federal funding support for drinking water
infrastructure followed a different course than that for wastewater for several reasons. Until the infrastructure followed a different course than that for wastewater for several reasons. Until the
1980s, federal drinking water regulations were relatively few in number, and public water 1980s, federal drinking water regulations were relatively few in number, and public water
systems often did not need to make large investments in treatment technologies to meet those systems often did not need to make large investments in treatment technologies to meet those
regulations. Between 1986 and 1996, the number of federal drinking water regulations increased regulations. Between 1986 and 1996, the number of federal drinking water regulations increased
from 23 to 83.21 The intent of the 1996 SDWA amendments was “to help make more effective and from 23 to 83.21 The intent of the 1996 SDWA amendments was “to help make more effective and
more cost-effective Federal regulation of drinking water and to help small communities pay for more cost-effective Federal regulation of drinking water and to help small communities pay for
improvements to their public water systems, while ensuring that health protections are maintained improvements to their public water systems, while ensuring that health protections are maintained
or improved.”22 The 1996 SDWA amendments revised the regulatory development process andor improved.”22 The 1996 SDWA amendments revised the regulatory development process and
~~authorized a parallel program to the CWSRF for drinking water. Under the DWSRF, EPA makes~~
~~grants to states to capitalize revolving funds administered by the states. From these funds, states~~

17 For further details, see the background information in CRS Report 96-647, 17 For further details, see the background information in CRS Report 96-647, Water Infrastructure Financing: History
of EPA Appropriations, by Jonathan L. Ramseur and Mary Tiemann. , by Jonathan L. Ramseur and Mary Tiemann.
18 The Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500). 18 The Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500).
19 P.L. 100-4, the Water Quality Act of 1987, authorized $18 billion over nine years for sewage treatment plant 19 P.L. 100-4, the Water Quality Act of 1987, authorized $18 billion over nine years for sewage treatment plant
construction, through a combination of the Title II grants program and a new revolving loan fund program in CWA construction, through a combination of the Title II grants program and a new revolving loan fund program in CWA
Title VI (33 U.S.C. §§1381-1387). Title VI (33 U.S.C. §§1381-1387).
20 P.L. 104-182. 20 P.L. 104-182.
21 For a detailed discussion of SDWA regulatory development provisions, see CRS Report R46652, 21 For a detailed discussion of SDWA regulatory development provisions, see CRS Report R46652, Regulating
Contaminants Under the Safe Drinking Water Act (SDWA), by Elena H. Humphreys. , by Elena H. Humphreys.
22 U.S. Congress, House Committee on Commerce, Safe Drinking Water Act Amendments of 1996, 104th Cong., 2nd 22 U.S. Congress, House Committee on Commerce, Safe Drinking Water Act Amendments of 1996, 104th Cong., 2nd
~~sess., June 24, 1996, H.Rept. 104-632, p. 6.~~
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authorized a parallel program to the CWSRF for drinking water. Under the DWSRF, EPA makes grants to states to capitalize revolving funds administered by the states. From these funds, states make loans to public water systems for projects needed for compliance and other statutory make loans to public water systems for projects needed for compliance and other statutory
purposes. purposes.
All 50 states and Puerto Rico implement their own SRF programs.23 Both the CWA and SDWA All 50 states and Puerto Rico implement their own SRF programs.23 Both the CWA and SDWA
provide for federal oversight of the state programs. For example, states are required to establish provide for federal oversight of the state programs. For example, states are required to establish
priority lists called Intended Use Plans (IUPs) that identify the projects that will receive SRF priority lists called Intended Use Plans (IUPs) that identify the projects that will receive SRF
assistance in that year. EPA is required to review the state IUPs to confirm statutory and assistance in that year. EPA is required to review the state IUPs to confirm statutory and
regulatory compliance. In addition, both the CWA and SDWA require states to report specific regulatory compliance. In addition, both the CWA and SDWA require states to report specific
information to EPA regarding the implementation of their respective SRF programs. In particular, information to EPA regarding the implementation of their respective SRF programs. In particular,
states are required to submit to EPA an annual report on the CWSRF and a biennial report on the states are required to submit to EPA an annual report on the CWSRF and a biennial report on the
DWSRF. Both statutes require EPA to annually review states’ implementation activities and DWSRF. Both statutes require EPA to annually review states’ implementation activities and
periodically audit state programs.24 EPA annually publishes details information on activities for periodically audit state programs.24 EPA annually publishes details information on activities for
both programs.25 both programs.25
Although the SRF programs generally involve loans from the state to local entities, states may Although the SRF programs generally involve loans from the state to local entities, states may
also use the DWSRF and CWSRF to provide “additional subsidization.” This may include also use the DWSRF and CWSRF to provide “additional subsidization.” This may include
principal forgiveness and/or negative interest loans, which can make infrastructure projects principal forgiveness and/or negative interest loans, which can make infrastructure projects
affordable.26 The degree to which additional subsidization is required or authorized—thereby affordable.26 The degree to which additional subsidization is required or authorized—thereby
altering the ratio between loans and subsidization—has generated considerable interest over the altering the ratio between loans and subsidization—has generated considerable interest over the
past decade. past decade.
Since amended in 1996, SDWA has authorized states to use up to 30% of their DWSRF Since amended in 1996, SDWA has authorized states to use up to 30% of their DWSRF
capitalization grants to provide additional assistance. America’s Water Infrastructure Act of 2018 capitalization grants to provide additional assistance. America’s Water Infrastructure Act of 2018
(AWIA; P.L. 115-270) increased this proportion to 35% while conditionally requiring states to use (AWIA; P.L. 115-270) increased this proportion to 35% while conditionally requiring states to use
at least 6% of their capitalization grants for these purposes. Congress amended the CWA in 2014, at least 6% of their capitalization grants for these purposes. Congress amended the CWA in 2014,
adding similar authority for states to provide additional subsidization, but not requiring it. In adding similar authority for states to provide additional subsidization, but not requiring it. In
addition, the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) required addition, the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) required
states to use at least 50% of their funds for additional subsidization. Since ARRA’s enactment, states to use at least 50% of their funds for additional subsidization. Since ARRA’s enactment,
appropriations acts have required states to use minimum percentages of their allotted SRF grants appropriations acts have required states to use minimum percentages of their allotted SRF grants
to provide additional subsidization. The FY2021 appropriations act (P.L. 116-260) requires states to provide additional subsidization. The FY2021 appropriations act (P.L. 116-260) requires states
to use 10% of the CWSRF grants and 14% of their DWSRF grants for additional subsidization. to use 10% of the CWSRF grants and 14% of their DWSRF grants for additional subsidization.
Enacted legislation in recent years has amended the CWA and SDWA to increase flexibilities Enacted legislation in recent years has amended the CWA and SDWA to increase flexibilities
within CWSRF and add new requirements to both the CWSRF and DWSRF programs. In the within CWSRF and add new requirements to both the CWSRF and DWSRF programs. In the
~~113th Congress, the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L.~~
~~113-121) amended the CWA to add a range of project types eligible for CWSRF assistance. In~~
~~addition, WRRDA 2014 authorized the Water Infrastructure Finance and Innovation Act (WIFIA)~~

sess., June 24, 1996, H.Rept. 104-632, p. 6. 23 The CWA and SDWA require EPA to provide direct grants to the District of Columbia, the U.S. Virgin Islands, 23 The CWA and SDWA require EPA to provide direct grants to the District of Columbia, the U.S. Virgin Islands,
American Samoa, Guam, the Commonwealth of Northern Marianas, and Indian tribes for wastewater and drinking American Samoa, Guam, the Commonwealth of Northern Marianas, and Indian tribes for wastewater and drinking
water infrastructure improvements (33 U.S.C. §1362 and §1377; 42 U.S.C. 300j-12(i) and (j)). The funding for the water infrastructure improvements (33 U.S.C. §1362 and §1377; 42 U.S.C. 300j-12(i) and (j)). The funding for the
District of Columbia, U.S. territories, and Indian tribes is part of the SRF appropriations to EPA. District of Columbia, U.S. territories, and Indian tribes is part of the SRF appropriations to EPA.
24 42 U.S.C. §300j-12(g)(4); 33 U.S.C. §1386. As initially established, the DWSRF authorized states to provide 24 42 U.S.C. §300j-12(g)(4); 33 U.S.C. §1386. As initially established, the DWSRF authorized states to provide
additional subsidization to certain communities. In 2014, similar provisions were added to the CWSRF by the Water additional subsidization to certain communities. In 2014, similar provisions were added to the CWSRF by the Water
Resources Reform and Development Act of 2014 (P.L. 113-121). Resources Reform and Development Act of 2014 (P.L. 113-121).
25 For example, EPA collects data annually from the state SRF programs to document program progress and account 25 For example, EPA collects data annually from the state SRF programs to document program progress and account
for the use of federal funds through the National Information Management System reports, available at the respective for the use of federal funds through the National Information Management System reports, available at the respective
EPA websites: https://www.epa.gov/cwsrf/clean-water-state-revolving-fund-cwsrf-national-information-management-EPA websites: https://www.epa.gov/cwsrf/clean-water-state-revolving-fund-cwsrf-national-information-management-
system-reports and https://www.epa.gov/dwsrf/drinking-water-state-revolving-fund-national-information-management-system-reports and https://www.epa.gov/dwsrf/drinking-water-state-revolving-fund-national-information-management-
system-reports. system-reports.
26 33 U.S.C. §1383(i); 42 U.S.C. §300j-12(d). In addition, states can use CWSRF grants to provide additional 26 33 U.S.C. §1383(i); 42 U.S.C. §300j-12(d). In addition, states can use CWSRF grants to provide additional
subsidization for specific types of infrastructure projects, including those that address water or energy efficiency. subsidization for specific types of infrastructure projects, including those that address water or energy efficiency.
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113th Congress, the Water Resources Reform and Development Act of 2014 (WRRDA 2014; P.L. 113-121) amended the CWA to add a range of project types eligible for CWSRF assistance. In addition, WRRDA 2014 authorized the Water Infrastructure Finance and Innovation Act (WIFIA) program, a federal loan program that provides an additional source of financing for water program, a federal loan program that provides an additional source of financing for water
infrastructure projects.27 infrastructure projects.27
In the 115th Congress, AWIA added additional EPA-administered grant programs to the CWA and In the 115th Congress, AWIA added additional EPA-administered grant programs to the CWA and
SDWA, and revised SDWA DWSRF provisions to make DWSRF assistance more accessible for SDWA, and revised SDWA DWSRF provisions to make DWSRF assistance more accessible for
disadvantaged communities, in part by authorizing states to provide an increased amount of disadvantaged communities, in part by authorizing states to provide an increased amount of
additional subsidization. additional subsidization.
In the 116th Congress, Members considered drinking water and wastewater infrastructure In the 116th Congress, Members considered drinking water and wastewater infrastructure
legislation (e.g., H.R. 2, S. 3590, and S. 3591) that would have, among other things, authorized legislation (e.g., H.R. 2, S. 3590, and S. 3591) that would have, among other things, authorized
EPA-administered grant programs to assist communities with water infrastructure affordability EPA-administered grant programs to assist communities with water infrastructure affordability
and revised EPA regulatory authorities to address certain contaminants. and revised EPA regulatory authorities to address certain contaminants.
Figure 1 illustrates the history of appropriations to the CWSRF and DWSRF programs from illustrates the history of appropriations to the CWSRF and DWSRF programs from
FY2000 through FY2021. From FY2000 through FY2009, annual appropriations averaged about FY2000 through FY2021. From FY2000 through FY2009, annual appropriations averaged about
$1.1 billion for the CWSRF and about $833 million for the DWSRF. ARRA provided in FY2009 $1.1 billion for the CWSRF and about $833 million for the DWSRF. ARRA provided in FY2009
$4.0 billion for the CWSRF and $2.0 billion for the DWSRF, in addition to the regular FY2009 $4.0 billion for the CWSRF and $2.0 billion for the DWSRF, in addition to the regular FY2009
appropriations. In nominal dollars (i.e., not adjusted for inflation), the annual appropriations for appropriations. In nominal dollars (i.e., not adjusted for inflation), the annual appropriations for
the SRF programs—especially for the CWSRF—increased after ARRA. Between FY2010 and the SRF programs—especially for the CWSRF—increased after ARRA. Between FY2010 and
FY2021, the annual appropriations averaged about $1.6 billion for the CWSRF and about $1.0 FY2021, the annual appropriations averaged about $1.6 billion for the CWSRF and about $1.0
billion for the DWSRF. billion for the DWSRF.
Recent appropriations acts have also directed funds to assist communities with water Recent appropriations acts have also directed funds to assist communities with water
infrastructure improvements as well as to help low-income individuals pay for their water service. infrastructure improvements as well as to help low-income individuals pay for their water service.
In addition to providing regular appropriations for EPA water infrastructure programs,28 the In addition to providing regular appropriations for EPA water infrastructure programs,28 the
Consolidated Appropriations Act, FY2021 (P.L. 116-260) provided $638 million to the Consolidated Appropriations Act, FY2021 (P.L. 116-260) provided $638 million to the
Department of Health and Human Services to make grants to states and Indian tribes to provide Department of Health and Human Services to make grants to states and Indian tribes to provide
water or wastewater rate assistance for low-income households.29 water or wastewater rate assistance for low-income households.29

27 For more information, see CRS Report R43315, 27 For more information, see CRS Report R43315, Water Infrastructure Financing: The Water Infrastructure Finance
and Innovation Act (WIFIA) Program, by Jonathan L. Ramseur, Mary Tiemann, and Elena H. Humphreys. , by Jonathan L. Ramseur, Mary Tiemann, and Elena H. Humphreys.
28 For more information, see CRS In Focus IF11724, 28 For more information, see CRS In Focus IF11724, U.S. Environmental Protection Agency (EPA) Water
Infrastructure Programs and FY2021 Appropriations, by Elena H. Humphreys and Jonathan L. Ramseur. , by Elena H. Humphreys and Jonathan L. Ramseur.
29 P.L. 116-260, §533. For more information, see CRS Insight IN11642, 29 P.L. 116-260, §533. For more information, see CRS Insight IN11642, Water Service Issues and COVID-19: Recent
Congressional Funding, by Elena H. Humphreys and Libby Perl. , by Elena H. Humphreys and Libby Perl.
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Figure 1. CWSRF and DWSRF Appropriations: FY2000-FY2021
(not adjusted for inflation) (not adjusted for inflation)

Source: Prepared by CRS using information from annual appropriations acts, ARRA, committee reports, and Prepared by CRS using information from annual appropriations acts, ARRA, committee reports, and
explanatory statements presented in the Congressional Record. explanatory statements presented in the Congressional Record.
Notes: Amounts reflect applicable rescissions but do not include supplemental appropriations for specific : Amounts reflect applicable rescissions but do not include supplemental appropriations for specific
locations in P.L. 116-20 and P.L. 116-113 or special purpose project grants (often referred to as “earmarks”). For locations in P.L. 116-20 and P.L. 116-113 or special purpose project grants (often referred to as “earmarks”). For
more information, see CRS Report 96-647, more information, see CRS Report 96-647, Water Infrastructure Financing: History of EPA Appropriations, by , by
Jonathan L. Ramseur and Mary Tiemann. Jonathan L. Ramseur and Mary Tiemann.
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link to page 10 link to page link to page 10 link to page 1314 link to page 14 link to page 14
Table 1. ~~Proposed~~ Infrastructure Investment and Jobs Act: Emergency Supplemental Appropriations for EPA Water
~~Infrastructure Programs (Dollars in Millions~~Infrastructure Programs (dollars in millions)
Program
FY2022
FY2023
FY2024
FY2025
FY2026
Total Funding Details
Notes
Clean Water
$1,902$1,902
$2,202$2,202
$2,403$2,403
$2,603$2,603
$2,603$2,603 $11,713$11,713 For FY2022 and FY2023, each state For FY2022 and FY2023, each state ~~would~~is
These funds These funds ~~would be~~are additional to those additional to those
provided State Revolving
required to match 10% of its annual match 10% of its annual ~~capitalization grant.~~
~~provided~~ through the regular appropriations through the regular appropriations
process. Fund Program
capitalization grant. For FY2024 through For FY2024 through ~~FY2026, the state~~
~~process.~~ Congress appropriated $1.639 Congress appropriated $1.639 ~~billion~~bil ion in both
General Program General Program
~~match would return to 20%.~~
~~in both~~ FY2026, the state match returns to 20%. FY2020 and FY2021 for the CWSRF FY2020 and FY2021 for the CWSRF
program 49% of the state’s allotment of capitalization 49% of the state’s allotment of capitalization
~~program~~ (Figure 1). For FY2022, the . For FY2022, the
President grant grant ~~would~~is to be used to provide 100% be used to provide 100%
~~President~~ principal requested $1.871 requested $1.871 ~~billion.~~
~~principal~~ bil ion. forgiveness or grants, or a forgiveness or grants, or a
combination of Although the Clean Water Act (CWA) Although the Clean Water Act (CWA)
~~combination of~~ these. these.
CWSRF program is generally a loan program, CWSRF program is generally a loan program,
For FY2022, up to 3%, and for FY2023 For FY2022, up to 3%, and for FY2023
states have limited (generally up to 30%) and states have limited (generally up to 30%) and
through FY2026, 2% through FY2026, 2% ~~would~~is to be reserved for be reserved for
conditional authority to provide recipients conditional authority to provide recipients
salaries, expenses, and administration; and of with additional subsidization, such as salaries, expenses, and administration; and of with additional subsidization, such as
that set-aside, 80% that set-aside, 80% ~~would~~is to be used by the be used by the
U.S. forgiveness of principal. Appropriations acts in forgiveness of principal. Appropriations acts in
~~U.S.~~ Environmental Protection Agency (EPA)Environmental Protection Agency (EPA) for recent years have required states to use 10% recent years have required states to use 10%
~~for~~ activities other than hiring permanent activities other than hiring permanent
of their federal grant amounts to provide of their federal grant amounts to provide
employees. employees.
additional subsidization. additional subsidization.
For FY2022 through FY2026, 0.35% shall be For FY2022 through FY2026, 0.35% shall be
The American Recovery and Reinvestment The American Recovery and Reinvestment
reserved for EPA Office of the Inspector reserved for EPA Office of the Inspector
Act of 2009 provided $4.0 Act of 2009 provided $4.0 ~~billion~~bil ion for the for the
General (OIG) oversight. General (OIG) oversight.
CWSRF in supplemental funding in FY2009, CWSRF in supplemental funding in FY2009,
waiving the 20% state match requirement for waiving the 20% state match requirement for
SRF SRF ~~grants.a~~
~~Clean Water~~
~~$100~~
~~$225~~
~~$225~~
~~$225~~
~~$225~~
~~$1,000~~
~~Funds would~~grants.a EPA provided the FY2022 state, territory, and tribal allotments of IIJA emergency supplemental appropriations for the SRFs.b Clean Water $100 $225 $225 $225 $225 $1,000 Funds are to be used for eligible activities in be used for eligible activities in
IIJA IIJA~~, if enacted, would be~~ is the first time the first time
Congress specifically State Revolving
CWA Section 603(c) that address emerging CWA Section 603(c) that address emerging
~~Congress specifically~~ directed funding to directed funding to
address emerging Fund Program
contaminants. contaminants.
~~address emerging~~ contaminants within the contaminants within the
framework of eligible Emerging Emerging
States States ~~would~~do not have to match their not have to match their
~~framework of eligible~~ CWSRF activities. CWSRF activities.
Contaminants Contaminants
capitalization grants. capitalization grants.
~~100% of the state’s allotment of~~
~~capitalization grant would be used for 100%~~
~~principal forgiveness or grants, or a~~
~~combination of these.~~
~~For FY2022, up to 3%, and for FY2023~~
~~through FY2026, 2% would be reserved for~~
~~salaries, expenses, and administration.~~

~~CRS-8~~

~~link to page 10~~ EPA provided the FY2022 state, territory, and 100% of the state’s allotment of tribal allotments of IIJA emergency capitalization grant is to be used for 100% supplemental appropriations for the SRFs.b CRS-8 link to page 10 link to page 14 link to page 14 link to page 14
Program
FY2022
FY2023
FY2024
FY2025
FY2026
Total Funding Details Notes principal forgiveness or grants, or a combination of these. For FY2022, up to 3%, and for FY2023 through FY2026, 2% may be reserved for salaries, expenses, and administration. ~~Funding Details~~
~~Notes~~
For FY2022 through FY2026, 0.5% For FY2022 through FY2026, 0.5% ~~would~~shall be be
reserved for EPA OIG oversight. reserved for EPA OIG oversight.
Drinking
$1,902 $1,902
$2,202 $2,202
$2,403 $2,403
$2,603 $2,603
$2,603 $2,603
$11,713 $11,713
For FY2022 and FY2023, each state For FY2022 and FY2023, each state ~~would~~shall
These funds These funds ~~would be~~are additional to those additional to those
provided Water State
match 10% of its annual capitalization grant. match 10% of its annual capitalization grant.
~~provided~~ through the regular appropriations through the regular appropriations
process. Revolving Fund
For FY2024 through FY2026, the state For FY2024 through FY2026, the state
~~process.~~ Congress appropriated $1.126 Congress appropriated $1.126 ~~billion~~bil ion in both
Program
match match ~~would return~~returns to 20%. to 20%.
~~in both~~ FY2020 and FY2021 for the FY2020 and FY2021 for the ~~CWSRF~~DWSRF program
General Program General Program
49% of the state’s allotment of capitalization 49% of the state’s allotment of capitalization
~~program~~ (Figure 1). For FY2022, the . For FY2022, the
President grant grant ~~would~~is to be used for 100% principal be used for 100% principal
~~President~~ requested $1.358 requested $1.358 ~~billion~~bil ion. .
forgiveness or grants, or a combination of forgiveness or grants, or a combination of
Although the Safe Drinking Water Act Although the Safe Drinking Water Act
these. these.
(SDWA) DWSRF program is generally a loan (SDWA) DWSRF program is generally a loan
For FY2022, up to 3%, and for FY2023 For FY2022, up to 3%, and for FY2023
program, states are conditionally required to program, states are conditionally required to
through FY2026, 2% through FY2026, 2% ~~would~~is to be reserved for be reserved for
use at least 6% of their annual grants to use at least 6% of their annual grants to
salaries, expenses, and administration; and of provide eligible recipients with additional salaries, expenses, and administration; and of provide eligible recipients with additional
that set-aside, 80% that set-aside, 80% ~~would~~is to be used by EPA be used by EPA
for subsidization, such as forgiveness of principal. subsidization, such as forgiveness of principal.
~~for~~ activities other than hiring permanent activities other than hiring permanent
States have conditional authority to provide States have conditional authority to provide
employees. employees.
further subsidization (generally up to 35%). further subsidization (generally up to 35%).
Appropriations acts in recent years have Appropriations acts in recent years have
For FY2022 through FY2026, 0.35% For FY2022 through FY2026, 0.35% ~~would~~shall be
required states to use 14% of their federal required states to use 14% of their federal
be reserved for EPA OIG oversight. reserved for EPA OIG oversight.
grant amounts to provide additional grant amounts to provide additional
subsidization. subsidization.
The American Recovery and Reinvestment The American Recovery and Reinvestment
Act of 2009 provided $2.0 Act of 2009 provided $2.0 ~~billion~~bil ion for the for the
DWSRF in supplemental funding in FY2009, DWSRF in supplemental funding in FY2009,
waiving the 20% state match requirement for waiving the 20% state match requirement for
SRF SRF ~~grants.~~

~~Drinking~~
~~$3,000~~
~~$3,000~~
~~$3,000~~
~~$3,000~~
~~$3,000~~
~~$15,000~~
~~Funds would be used for lead service line~~
grants.a EPA provided the FY2022 state, territory, and tribal allotments of IIJA emergency supplemental appropriations for the SRFs.b Drinking $3,000 $3,000 $3,000 $3,000 $3,000 $15,000 Funds are to be used for lead service line EPA provided the FY2022 state, territory, and Water State
replacement projects and associated replacement projects and associated
tribal allotments of IIJA emergency Revolving Fund
activities directly connected to the activities directly connected to the
supplemental appropriations for the SRFs.b CRS-9 link to page 14 Program FY2022 FY2023 FY2024 FY2025 FY2026 Total Funding Details Notes Program
identification, planning, design, and identification, planning, design, and
Lead Service Line Lead Service Line
replacement of lead service lines. replacement of lead service lines.
Replacement Replacement
49% of the state’s allotment of capitalization 49% of the state’s allotment of capitalization
grant grant ~~would~~is to be used for 100% principal be used for 100% principal
forgiveness or grants, or a combination of forgiveness or grants, or a combination of
these. these.
States States ~~would~~do not have to match their not have to match their
capitalization grants. capitalization grants.

~~CRS-9~~

~~link to page 14~~
~~Program~~
~~FY2022~~
~~FY2023~~
~~FY2024~~
~~FY2025~~
~~FY2026~~
~~Total Funding Details~~
~~Notes~~
For FY2022, up to 3%, and for FY2023 For FY2022, up to 3%, and for FY2023
through FY2026, 2% through FY2026, 2% ~~would~~may be reserved for be reserved for
salaries, expenses, and administration salaries, expenses, and administration
For FY2022 through FY2026, 0.5% For FY2022 through FY2026, 0.5% ~~would~~shall be be
reserved for EPA OIG oversight. reserved for EPA OIG oversight.
Drinking
$800 $800 $800 $800 $800 $4,000 ~~$800~~
~~$800~~
~~$800~~
~~$800~~
~~$800~~
~~$4,000~~
Funds provided Funds provided ~~would~~are to be used to address be used to address
The SDWA authority to address emerging The SDWA authority to address emerging
Water State
emerging contaminants in drinking water emerging contaminants in drinking water
contaminants in Section 1452(a)(2)(G) was contaminants in Section 1452(a)(2)(G) was
Revolving Fund
with a focus on per- and polyfluoroalkyl with a focus on per- and polyfluoroalkyl
added by the National Defense Authorization added by the National Defense Authorization
Program
substances as authorized by SDWA Section substances as authorized by SDWA Section
Act for Fiscal Year 2020 (P.L. 116-92). Act for Fiscal Year 2020 (P.L. 116-92).
Emerging Emerging
1452(a)(2)(G). 1452(a)(2)(G).
EPA provided the FY2022 state, territory, and Contaminants Contaminants
100% of the state’s allotment of 100% of the state’s allotment of
tribal allotments of IIJA emergency capitalization grant capitalization grant ~~would~~is to be used for 100% be used for 100%
supplemental appropriations for the SRFs.b principal forgiveness or grants, or a principal forgiveness or grants, or a
combination of these. combination of these.
States States ~~would~~do not have to match their not have to match their
capitalization grants. capitalization grants.
For FY2022, up to 3%, and for FY2023 For FY2022, up to 3%, and for FY2023
through FY2026, 2% through FY2026, 2% ~~would~~may be reserved for be reserved for
salaries, expenses, and administration. salaries, expenses, and administration.
For FY2022 through FY2026, 0.5% For FY2022 through FY2026, 0.5% ~~would~~shall be be
reserved for EPA OIG oversight. reserved for EPA OIG oversight.
SDWA Section $1,000$1,000
$1,000$1,000
$ 1,000$ 1,000 $1,000$1,000
$1,000$1,000
$5,000$5,000
Funds provided to states may be used for Funds provided to states may be used for
These funds These funds ~~would be~~are additional to those additional to those
provided 1459A Small
projects that address emerging contaminants projects that address emerging contaminants ~~provided~~ through the regular appropriations through the regular appropriations
process. and
for small and disadvantaged communities. for small and disadvantaged communities.
~~process.~~ Congress established this program in Congress established this program in
2016 Disadvantaged
Funds provided Funds provided ~~would not be~~are not subject to the subject to the
45% ~~2016~~ and first provided appropriations for it and first provided appropriations for it
in Community
~~45%~~ matching requirement. matching requirement.
in FY2018. In FY2021, the program received FY2018. In FY2021, the program received
~~Grant~~
~~$26.4 million~~$26.4 mil ion for this grant program; for for this grant program; for
~~Program~~
CRS-10 link to page 14 Program FY2022 FY2023 FY2024 FY2025 FY2026 Total Funding Details Notes Grant For FY2022 through FY2026, up to 3% For FY2022 through FY2026, up to 3%
bmay
FY2022, the President requested $41.41 FY2022, the President requested $41.41
~~would~~ Program c be reserved for salaries, expenses, be reserved for salaries, expenses,
~~million~~and mil ion for this grant program. for this grant program.
~~and~~ administration. administration.
For FY2022 through FY2026, 0.5% For FY2022 through FY2026, 0.5% ~~would~~shall be be
reserved for EPA OIG oversight. reserved for EPA OIG oversight.
Source: Prepared by CRS based on Prepared by CRS based on ~~S.Amdt. 2137 to H.R. 3684 (Infrastructure Investment and Jobs Act), which passed the Senate on August 10, 2021~~the Infrastructure Investment and Jobs Act (P.L. 117-58). .
a. For more information, see CRS Report R46464, a. For more information, see CRS Report R46464, EPA Water Infrastructure Funding in the American Recovery and Reinvestment Act of 2009, by Jonathan L. Ramseur and , by Jonathan L. Ramseur and
Elena H. Humphreys. Elena H. Humphreys.

~~CRS-10~~

b b. For allotments of IIJA emergency supplemental appropriations for the SRFs, see EPA website “Bipartisan Infrastructure Law: Environmental Protection Agency 2022 State Revolving Fund (SRF) Estimated Allotments to States, Tribes, and Territories by Program” at https://www.epa.gov/system/files/documents/2021-12/fy-2022-bil-srfs-allotment-summary-508_1.pdf. c. In 2016, the Water Infrastructure Improvement for the Nation Act (WIIN Act; P.L. 114-322) authorized this grant program in new SDWA Section 1459A. SDWA . In 2016, the Water Infrastructure Improvement for the Nation Act (WIIN Act; P.L. 114-322) authorized this grant program in new SDWA Section 1459A. SDWA
Section 1459A directs EPA to establish a grant program to assist disadvantaged communities and small communities that are unable to finance projects needed to Section 1459A directs EPA to establish a grant program to assist disadvantaged communities and small communities that are unable to finance projects needed to
comply with SDWA. Eligible projects include investments needed for SDWA compliance, household water quality testing, and assistance that primarily benefits a comply with SDWA. Eligible projects include investments needed for SDWA compliance, household water quality testing, and assistance that primarily benefits a
community on a per-household basis. EPA must give funding priority to projects and activities that benefit underserved communities (i.e., communities that lack community on a per-household basis. EPA must give funding priority to projects and activities that benefit underserved communities (i.e., communities that lack
household water or wastewater services or that violate or exceed an SDWA requirement). EPA may make grants to public water systems, tribal water systems, and household water or wastewater services or that violate or exceed an SDWA requirement). EPA may make grants to public water systems, tribal water systems, and
states on behalf of an underserved community. EPA may waive all or some of the 45% nonfederal share of project costs. states on behalf of an underserved community. EPA may waive all or some of the 45% nonfederal share of project costs.
CRS-11 Table 2. ~~Proposed~~ Infrastructure Investment and Jobs Act: Drinking Water and Wastewater Infrastructure Provisions in
Division E
~~Authorization and Reauthorization of Appropriations in Bold Text~~(authorization and reauthorization of appropriations in bold text)
Section
Summary of Provisions
Notes
Title I—Drinking Water
Section 50101
Amends Safe Drinking Water Act (SDWA) Section 1442(a) to direct EPA, within Amends Safe Drinking Water Act (SDWA) Section 1442(a) to direct EPA, within
SDWA requirements apply to public water systems, which SDWA requirements apply to public water systems, which
Technical Technical
one year of the one year of the ~~bill~~bil ’s enactment, to evaluate community water system and ’s enactment, to evaluate community water system and
include community water systems but not wastewater systems. include community water systems but not wastewater systems.
Assistance and Assistance and
wastewater system compliance with the act; requires EPA to submit a report to wastewater system compliance with the act; requires EPA to submit a report to
The Clean Water Act applies to wastewater systems. The Clean Water Act applies to wastewater systems.
Grants for Grants for
Congress on SDWA compliance trends for community water systems and Congress on SDWA compliance trends for community water systems and
Emergencies Emergencies
wastewater systems, as well as trends of community water system or wastewater wastewater systems, as well as trends of community water system or wastewater
Affecting Public Affecting Public
system characteristics that correlate to SDWA compliance or noncompliance; as system characteristics that correlate to SDWA compliance or noncompliance; as
Water Systems Water Systems
practicable, EPA should also determine whether community water systems and practicable, EPA should also determine whether community water systems and
wastewater systems maintain asset management plans. wastewater systems maintain asset management plans.

Amends SDWA Section 1442(b), which authorizes EPA to provide grants to states Amends SDWA Section 1442(b), which authorizes EPA to provide grants to states
SDWA Section 1442(b) includes the SDWA Section 1442(b) includes the ~~following~~fol owing provision: “no provision: “no
or drinking water systems in emergency situations “to assist in responding to and or drinking water systems in emergency situations “to assist in responding to and
limitation on appropriations for any such other program shall limitation on appropriations for any such other program shall
alleviating any emergency situation” to specifically include cybersecurity events and alleviating any emergency situation” to specifically include cybersecurity events and
apply to amounts appropriated under this subparagraph.” P.L. apply to amounts appropriated under this subparagraph.” P.L.
heightened exposure to lead; amends SDWA Section 1442(d) to heightened exposure to lead; amends SDWA Section 1442(d) to reauthorize
107-188 amended Section 1442(d) to authorize appropriations 107-188 amended Section 1442(d) to authorize appropriations
appropriations at $35 million annually for FY2022 through FY2026 for
for such emergency assistance of not more than $35 for such emergency assistance of not more than $35 ~~million~~mil ion for for
the emergency grant program.
FY2002 and such sums as may be necessary for each fiscal year FY2002 and such sums as may be necessary for each fiscal year
thereafter. Congress has not appropriated funds to carry out thereafter. Congress has not appropriated funds to carry out
SDWA Section 1442(b). SDWA Section 1442(b).

Reauthorizes appropriations of $15 million annually for FY2022 through
SDWA Section 1442(e)(5) authorized appropriations of $15 SDWA Section 1442(e)(5) authorized appropriations of $15
FY2026 for SDWA Section 1442(e), which authorizes EPA to make grants to which authorizes EPA to make grants to
~~million~~mil ion for each of FY2015-FY2020. for each of FY2015-FY2020.
nonprofit organizations to provide technical assistance to small public water nonprofit organizations to provide technical assistance to small public water
systems; adds new Subsection 1442(f) to provide that state-based nonprofit systems; adds new Subsection 1442(f) to provide that state-based nonprofit
organizations governed by community water systems are eligible for technical organizations governed by community water systems are eligible for technical
assistance under Section 1442(e); requires state-based nonprofit organizations to assistance under Section 1442(e); requires state-based nonprofit organizations to
consult with the state prior to using such funding. consult with the state prior to using such funding.

CRS-CRS-1112

Section
Summary of Provisions
Notes
Section 50102
Amends SDWA Section 1452, the Drinking Water State Revolving Loan Fund Amends SDWA Section 1452, the Drinking Water State Revolving Loan Fund
America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115- America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115-
Drinking Water Drinking Water
(DWSRF) program. Under this program, EPA receives annual appropriations for (DWSRF) program. Under this program, EPA receives annual appropriations for
270) renewed the requirement to use American iron and steel 270) renewed the requirement to use American iron and steel
State Revolving State Revolving
grants to states to capitalize their DWSRFs. grants to states to capitalize their DWSRFs.
products in projects that receive funds from a DWSRF during products in projects that receive funds from a DWSRF during
Loan Funds Loan Funds
Makes permanent the SDWA requirement to use American iron and steel products Makes permanent the SDWA requirement to use American iron and steel products
FY2019 through FY2023. Previously, Congress has required FY2019 through FY2023. Previously, Congress has required
~~American iron and steel for DWSRF-financed projects for~~

in projects supported by funds made available through the DWSRF by removing the in projects supported by funds made available through the DWSRF by removing the
American iron and steel for DWSRF-financed projects for fiscal year limitation on such requirement (SDWA §1452(a)(4)). fiscal year limitation on such requirement (SDWA §1452(a)(4)).
specified fiscal years. The Water Infrastructure Improvements for specified fiscal years. The Water Infrastructure Improvements for
the Nation (WIIN) Act (P.L. 114-322) amended SDWA to the Nation (WIIN) Act (P.L. 114-322) amended SDWA to

require the use of American iron and steel for FY2017. In the require the use of American iron and steel for FY2017. In the
American Recovery and Reinvestment Act of 2009 (ARRA; P.L. American Recovery and Reinvestment Act of 2009 (ARRA; P.L.
111-5), Congress provided supplemental appropriations for the 111-5), Congress provided supplemental appropriations for the
DWSRF and required the use of American-produced iron, steel, DWSRF and required the use of American-produced iron, steel,
and manufactured goods in projects that received ARRA funding. and manufactured goods in projects that received ARRA funding.
Since FY2014, Congress has regularly required the use of Since FY2014, Congress has regularly required the use of
American iron and steel for DWSRF-financed projects through American iron and steel for DWSRF-financed projects through
appropriations acts. appropriations acts.

Amends SDWA Section 1452(m) to reauthorize appropriations for DWSRF Amends SDWA Section 1452(m) to reauthorize appropriations for DWSRF
AWIA reauthorized DWSRF capitalization grants for FY2019- AWIA reauthorized DWSRF capitalization grants for FY2019-
capitalization grants. capitalization grants. The authorization of appropriations for DWSRF
FY2021. The current authorization of appropriations for the FY2021. The current authorization of appropriations for the
capitalization grants ~~would be~~are
DWSRF are approximately DWSRF are approximately
 
$2.40 billion for FY2022,
 
$1.17 $1.17 ~~billion~~bil ion for FY2019, for FY2019,
 
$2.75 billion for FY2023,
 
$1.30 $1.30 ~~billion~~bil ion for FY2020, and for FY2020, and
 
$3.00 billion for FY2024,
 
$1.95 $1.95 ~~billion~~bil ion for FY2021. for FY2021.
 
$3.25 billion for each of FY2025 and FY2026.

Amends SDWA Section 1452(d) to expand forms of additional subsidization states Amends SDWA Section 1452(d) to expand forms of additional subsidization states
Currently, states may use as much as 35% of their annual Currently, states may use as much as 35% of their annual
may provide for projects serving disadvantaged communities. In addition to current may provide for projects serving disadvantaged communities. In addition to current
capitalization grant to provide additional subsidization. AWIA capitalization grant to provide additional subsidization. AWIA
authority to forgive loan principal, states may provide additional subsidies using authority to forgive loan principal, states may provide additional subsidies using
amended SDWA to conditionally require states to use at least amended SDWA to conditionally require states to use at least
“grants, negative interest loans, other loan forgiveness, and through buying, “grants, negative interest loans, other loan forgiveness, and through buying,
6% of their capitalization grant for this purpose. Section 1452(d) 6% of their capitalization grant for this purpose. Section 1452(d)
refinancing, or restructuring debt.” Also conditionally requires states to use at least refinancing, or restructuring debt.” Also conditionally requires states to use at least
currently does not include the term “grant”; however, currently does not include the term “grant”; however,
12% of their capitalization grant for these subsidies; and excludes loans with zero or “forgiveness of principal” enables states to provide comparable 12% of their capitalization grant for these subsidies; and excludes loans with zero or “forgiveness of principal” enables states to provide comparable
higher interest rates from the definition of “additional subsidization.” higher interest rates from the definition of “additional subsidization.”
assistance. Appropriations acts in recent years have required assistance. Appropriations acts in recent years have required
states to use 14% of their federal grant amounts to provide states to use 14% of their federal grant amounts to provide
additional subsidization. additional subsidization.

CRS-CRS-1213

Section
Summary of Provisions
Notes
Section 50103
Amends SDWA Section 1454, which authorizes states to establish source water Amends SDWA Section 1454, which authorizes states to establish source water
SDWA Section 1454(e) authorizes appropriations of $5 SDWA Section 1454(e) authorizes appropriations of $5 ~~million~~mil ion
Source Water Source Water
quality protection partnership petition programs, in which public water system quality protection partnership petition programs, in which public water system
for each of FY2020-FY2021, and provides that each state with a for each of FY2020-FY2021, and provides that each state with a
Petition Petition
operators and the community members request state assistance to form a voluntary plan for a program approved under subsection (b) shall receive operators and the community members request state assistance to form a voluntary plan for a program approved under subsection (b) shall receive
Program Program
partnership to prevent source water degradation. Section 50103 authorizes partnership to prevent source water degradation. Section 50103 authorizes
an equitable portion of the funds available for any fiscal year. an equitable portion of the funds available for any fiscal year.
counties, acting on behalf of unincorporated areas, to form such a partnership; and counties, acting on behalf of unincorporated areas, to form such a partnership; and
reauthorizes appropriations for the source water quality protection
partnership petition program at $5 million annually for FY2020 through
FY2026.
Section 50104
Amends SDWA Section 1459A, which directs EPA to establish a grant program to Amends SDWA Section 1459A, which directs EPA to establish a grant program to
SDWA Section 1459A(k) authorizes appropriations for Section SDWA Section 1459A(k) authorizes appropriations for Section
Assistance for Assistance for
assist disadvantaged communities and small communities that are unable to finance assist disadvantaged communities and small communities that are unable to finance
1459A of $60 1459A of $60 ~~million~~mil ion for each of FY2017 through FY2021. for each of FY2017 through FY2021.
Small and Small and
projects or activities needed to comply with SDWA. This section expands the projects or activities needed to comply with SDWA. This section expands the
Disadvantaged Disadvantaged
projects and activities eligible for grants under this program to include (1) the projects and activities eligible for grants under this program to include (1) the
Communities Communities
purchase of point-of-entry or point-of-use filters and filtration systems; (2) purchase of point-of-entry or point-of-use filters and filtration systems; (2)
investments necessary for providing information regarding use and maintenance of investments necessary for providing information regarding use and maintenance of

these devices, and options for replacing lead service lines or removing other lead these devices, and options for replacing lead service lines or removing other lead

sources; and (3) contracts with nonprofit entities on behalf of an eligible entity (or sources; and (3) contracts with nonprofit entities on behalf of an eligible entity (or

state on behalf of an eligible entity). It reduces the nonfederal cost-share of this state on behalf of an eligible entity). It reduces the nonfederal cost-share of this

grant program from not less than 45% to not less than 10%; and grant program from not less than 45% to not less than 10%; and reauthorizes
appropriations for Subsections 1459A(a)-(j) at

 
$70 million for FY2022,
 
$80 million for FY2023,
 
$100 million for FY2024,
 
$120 million for FY2025, and
 
$140 million for FY2026.

Expands eligible entities for SDWA Section 1459A(j), which authorizes EPA to make SDWA Section 1442(b) authorizes EPA to make grants to states Expands eligible entities for SDWA Section 1459A(j), which authorizes EPA to make SDWA Section 1442(b) authorizes EPA to make grants to states
grants to states to assist underserved communities to respond to imminent and grants to states to assist underserved communities to respond to imminent and
or publicly owned water systems to assist in responding to and or publicly owned water systems to assist in responding to and
substantial contamination. substantial contamination.
alleviating emergency situations (42 U.S.C. §300j-1(b)). alleviating emergency situations (42 U.S.C. §300j-1(b)).
Specifically, grants authorized by this subsection may be used Specifically, grants authorized by this subsection may be used
only to support actions that are necessary (1) to prevent, limit, only to support actions that are necessary (1) to prevent, limit,
or mitigate danger to the public health in an emergency, and (2) or mitigate danger to the public health in an emergency, and (2)
that would otherwise not be taken without such emergency that would otherwise not be taken without such emergency
assistance, as determined by the Administrator. assistance, as determined by the Administrator.

Amends SDWA Section 1459A(l), which authorizes EPA to establish the Drinking Amends SDWA Section 1459A(l), which authorizes EPA to establish the Drinking
SDWA Section 1459A(l)(5) authorizes appropriations for Section SDWA Section 1459A(l)(5) authorizes appropriations for Section
Water System Infrastructure Resilience and Sustainability Program for small and Water System Infrastructure Resilience and Sustainability Program for small and
1459A(1) of $4 1459A(1) of $4 ~~million~~mil ion for each of FY2019 and FY2020. for each of FY2019 and FY2020.
disadvantaged public water systems, to direct EPA to establish this grant program. disadvantaged public water systems, to direct EPA to establish this grant program. It

CRS-CRS-1314

Section
Summary of Provisions
Notes
reauthorizes appropriations of $25 million annually for FY2022 through
FY2026 for this grant program; further amends Section 1459A(l) to establish a ; further amends Section 1459A(l) to establish a
10% cost share for eligible entities, which EPA may waive under certain 10% cost share for eligible entities, which EPA may waive under certain
circumstances. circumstances.

Adds SDWA Subsection 1459A(m) to direct EPA, subject to appropriations, to Adds SDWA Subsection 1459A(m) to direct EPA, subject to appropriations, to
The U.S. Department of Agriculture (USDA) is authorized to The U.S. Department of Agriculture (USDA) is authorized to
establish a new grant program to provide assistance to public water systems, or establish a new grant program to provide assistance to public water systems, or
provide grants to various eligible entities to provide water provide grants to various eligible entities to provide water
nonprofit entities on behalf of public water systems, to voluntarily connect nonprofit entities on behalf of public water systems, to voluntarily connect
services, including connecting households to water systems to services, including connecting households to water systems to
individual households to public water systems; individual households to public water systems; authorizes appropriations of $20 alleviate health risks (7 U.S.C. §1926c). USDA is also authorized alleviate health risks (7 U.S.C. §1926c). USDA is also authorized
million annually for FY2022 through FY2026 for this program; requires ; requires
to provide grants to communities to prepare for or recover to provide grants to communities to prepare for or recover
EPA to report to Congress within three years of enactment regarding program EPA to report to Congress within three years of enactment regarding program
from an emergency that threatens the availability of safe, reliable from an emergency that threatens the availability of safe, reliable
implementation. implementation.
drinking water. Among the eligible uses, USDA may provide drinking water. Among the eligible uses, USDA may provide
grants to connect households to water systems (7 U.S.C. grants to connect households to water systems (7 U.S.C.
§1926a). §1926a).

Adds SDWA Subsection 1459A(n) to direct EPA to establish a competitive grant Adds SDWA Subsection 1459A(n) to direct EPA to establish a competitive grant

program for states, giving priority to states with a high proportion of underserved program for states, giving priority to states with a high proportion of underserved
communities; communities; authorizes appropriations of $50 million annually for FY2022
through FY2026; requires EPA to submit a report to Congress within two years ; requires EPA to submit a report to Congress within two years
of enactment regarding program implementation. of enactment regarding program implementation.
Section 50105
Amends SDWA Section 1459B to revise the eligible entities for the existing lead Amends SDWA Section 1459B to revise the eligible entities for the existing lead
Currently, SDWA Section 1459B directs EPA to establish a grant Currently, SDWA Section 1459B directs EPA to establish a grant
Reducing Lead Reducing Lead
reduction grant program to include “qualified nonprofit organizations with reduction grant program to include “qualified nonprofit organizations with
program for projects and activities that reduce lead in drinking program for projects and activities that reduce lead in drinking
in Drinking in Drinking
experience in lead reduction, as determined by the Administrator . experience in lead reduction, as determined by the Administrator .. .” rather than “a .” rather than “a
water, including replacement of lead service lines and corrosion water, including replacement of lead service lines and corrosion
Water Water
qualified nonprofit organization as determined by the Administrator, servicing a qualified nonprofit organization as determined by the Administrator, servicing a
control. Under the current program, grants may be used to control. Under the current program, grants may be used to
public water system.... ” public water system.... ”
provide assistance to low-income homeowners to replace their provide assistance to low-income homeowners to replace their

portions of lead service lines. Under SDWA Section 1452(d)(3), portions of lead service lines. Under SDWA Section 1452(d)(3),
Expands the eligible uses of lead reduction grants to include replacement of Expands the eligible uses of lead reduction grants to include replacement of
the definition of a “disadvantaged community” means the service the definition of a “disadvantaged community” means the service
privately owned lead service lines, and authorizes EPA to provide grant funds to privately owned lead service lines, and authorizes EPA to provide grant funds to
area of a public water system that meets affordability criteria area of a public water system that meets affordability criteria
“low-income homeowners, and landlords or property owners providing housing to “low-income homeowners, and landlords or property owners providing housing to
established after public comment and review by the state. That is, established after public comment and review by the state. That is,
low-income renters” with prioritization for disadvantaged communities based on low-income renters” with prioritization for disadvantaged communities based on
affordability is established at the water system-level rather than affordability is established at the water system-level rather than
state DWSRF affordability criteria; requires water systems to replace privately state DWSRF affordability criteria; requires water systems to replace privately
at the individual household level. SDWA Section 1459B(d) at the individual household level. SDWA Section 1459B(d)
owned lead service lines at no cost to low-income customers, authorizes water owned lead service lines at no cost to low-income customers, authorizes water
authorizes appropriations of $60 authorizes appropriations of $60 ~~million~~mil ion for each of FY2017- for each of FY2017-
systems to replace privately owned lead service lines at no cost to such customers, systems to replace privately owned lead service lines at no cost to such customers,
FY2021 to carry out this section. FY2021 to carry out this section.
and requires water systems to notify the state of planned lead service line and requires water systems to notify the state of planned lead service line
replacements; replacements; increases and extends the authorization of appropriations
for this grant program from $60 million annually for FY2017 through
FY2021 to $100 million annually for FY2022 through FY2026.

Adds SDWA Subsection 1459B(d) to direct EPA to establish a grant program for Adds SDWA Subsection 1459B(d) to direct EPA to establish a grant program for

water systems in which no less than 30% of the systems’ service lines are known, or water systems in which no less than 30% of the systems’ service lines are known, or

CRS-CRS-1415

Section
Summary of Provisions
Notes
suspected, to contain lead, to carry out lead reduction projects, including “existing suspected, to contain lead, to carry out lead reduction projects, including “existing
lead inventorying”; requires EPA to submit a report to relevant congressional lead inventorying”; requires EPA to submit a report to relevant congressional
committees within two years of the first grant award regarding the implementation committees within two years of the first grant award regarding the implementation
of this grant program; authorizes appropriations of $10 million (available until of this grant program; authorizes appropriations of $10 million (available until
expended) for this grant program. expended) for this grant program.
Section 50106
Adds SDWA Section 1459E to direct EPA to establish a grant program for states; Adds SDWA Section 1459E to direct EPA to establish a grant program for states;

Operational Operational
local governments; tribes; public corporations established by a unit of local governments; tribes; public corporations established by a unit of local local
Sustainability of Sustainability of
government; nonprofit entities that own, operate, or provide technical assistance to government; nonprofit entities that own, operate, or provide technical assistance to
Small Public Small Public
public water systems; and other government entities to improve the “operational public water systems; and other government entities to improve the “operational
Water Systems Water Systems
sustainability of one or more sustainability of one or more ~~small~~ smal water systems,” subject to available water systems,” subject to available
appropriations. Eligible uses of the funds include various asset management appropriations. Eligible uses of the funds include various asset management
activities. Requires EPA to report to Congress on the implementation of this grant activities. Requires EPA to report to Congress on the implementation of this grant
program within two years of enactment; program within two years of enactment; authorizes appropriations of $50
million annually for FY2022 through FY2026; requires eligible entities to ; requires eligible entities to
provide a 10% match, which EPA may waive under certain circumstances. provide a 10% match, which EPA may waive under certain circumstances.
Section 50107
Adds SDWA Section 1459F to direct EPA to establish a grant program for public Adds SDWA Section 1459F to direct EPA to establish a grant program for public
AWIA amended SDWA Section 1459A to authorize EPA to AWIA amended SDWA Section 1459A to authorize EPA to
Midsize and Midsize and
water systems serving 10,000 or more individuals to improve resilience to natural water systems serving 10,000 or more individuals to improve resilience to natural
establish the Drinking Water System Infrastructure Resilience establish the Drinking Water System Infrastructure Resilience
Large Drinking Large Drinking
hazards and to address cybersecurity vulnerabilities. Eligible uses of funds hazards and to address cybersecurity vulnerabilities. Eligible uses of funds ~~would~~ include
and Sustainability Program, a grant program for small and and Sustainability Program, a grant program for small and
Water System Water System
~~include~~ various water conservation, desalination construction, and watershed various water conservation, desalination construction, and watershed
management disadvantaged public water systems. EPA is authorized to provide disadvantaged public water systems. EPA is authorized to provide
Infrastructure Infrastructure
~~management~~ activities, among others. Requires EPA to report to Congress on the activities, among others. Requires EPA to report to Congress on the
grants to eligible systems for projects that increase resilience to grants to eligible systems for projects that increase resilience to
Resilience and Resilience and
implementation of this grant program within two years of enactment; implementation of this grant program within two years of enactment; authorizes
natural hazards, including hydrologic changes. Eligible projects natural hazards, including hydrologic changes. Eligible projects
Sustainability Sustainability
appropriations of $50 million annually for FY2022 through FY2026; directs include those that increase water use efficiency, enhance water ; directs include those that increase water use efficiency, enhance water
Program Program
EPA to use 50% of amounts available for grants for water systems serving 10,000 or EPA to use 50% of amounts available for grants for water systems serving 10,000 or
supply through watershed management or desalination, and supply through watershed management or desalination, and
more to 100,000 individuals, and 50% for systems serving more than 100,000 more to 100,000 individuals, and 50% for systems serving more than 100,000
increase energy efficiency in the conveyance or treatment of increase energy efficiency in the conveyance or treatment of
individuals. individuals.
drinking water. FY2020 was the first fiscal year that this program drinking water. FY2020 was the first fiscal year that this program
received funding ($3 received funding ($3 ~~million~~mil ion). ).
Section 50108
Requires EPA to assess and report to Congress on the prevalence of municipalities, Requires EPA to assess and report to Congress on the prevalence of municipalities,

Needs Needs
public entities, or tribal governments with water service providers that serve a public entities, or tribal governments with water service providers that serve a
Assessment for Assessment for
“disproportionate percentage .. “disproportionate percentage ... of households with qualifying need,” and as of households with qualifying need,” and as
Nationwide Nationwide
determined by EPA, the prevalence of municipalities, public entities, or tribal determined by EPA, the prevalence of municipalities, public entities, or tribal
Rural and Urban governments that “have taken on an unsustainable level of debt due to customer Rural and Urban governments that “have taken on an unsustainable level of debt due to customer
Low-Income Low-Income
nonpayment” for drinking water and wastewater services. nonpayment” for drinking water and wastewater services.
Community Community
Water Water
AssistanceAssistance

CRS-CRS-1516

Section
Summary of Provisions
Notes
Section 50109 Requires EPA, within two years of enactment, to establish a grant program to Requires EPA, within two years of enactment, to establish a grant program to
P.L. 116-260 provided $638 P.L. 116-260 provided $638 ~~million~~mil ion for a new Low-Income for a new Low-Income
Rural and Low- Rural and Low-
provide household drinking water and/or wastewater rate assistance based on the provide household drinking water and/or wastewater rate assistance based on the
Household Drinking Water and Wastewater Emergency Household Drinking Water and Wastewater Emergency
Income Water Income Water
results of the study performed under Section 50108 of the results of the study performed under Section 50108 of the ~~bill~~bil . Eligible uses of the . Eligible uses of the
Assistance Program (Division H, Title V, §533) to be Assistance Program (Division H, Title V, §533) to be
Assistance Pilot Assistance Pilot
funds funds ~~would~~ include direct household assistance, lifeline rates, include direct household assistance, lifeline rates, ~~bill~~ bil discounting, discounting,
percent of administered by the Department of Health and Human Services administered by the Department of Health and Human Services
Program Program
~~percent of income billing~~income bil ing, and special hardship provisions; directs EPA to make no , and special hardship provisions; directs EPA to make no
more than (HHS). Congress appropriated an additional $500 (HHS). Congress appropriated an additional $500 ~~million~~mil ion to HHS to HHS
~~more than~~ 40 grants, which 40 grants, which ~~would~~are to be awarded as be awarded as ~~follows~~fol ows: :
for low-income water assistance in the American Rescue Plan for low-income water assistance in the American Rescue Plan

 
Act (P.L. 117-2, §2912). Act (P.L. 117-2, §2912).

8 to rural drinking water or wastewater systems or states, 8 to rural drinking water or wastewater systems or states,

 
8 to eligible entities that own or operate a medium water service provider, 8 to eligible entities that own or operate a medium water service provider,

 
8 to eligible entities that own or operate a large water provider serving 8 to eligible entities that own or operate a large water provider serving
between 100,001 to 500,000 individuals, between 100,001 to 500,000 individuals,

 
8 to water service providers that serve more than 500,000 individuals, and 8 to water service providers that serve more than 500,000 individuals, and
 
8 to drinking water or wastewater or municipal storm sewer systems serving 8 to drinking water or wastewater or municipal storm sewer systems serving
disadvantaged communities, disadvantaged communities,
This section does not include an authorization of appropriations. Requires EPA to This section does not include an authorization of appropriations. Requires EPA to
report to Congress on the implementation of this grant program within two years report to Congress on the implementation of this grant program within two years
of the first funds’ disbursement and annually thereafter. of the first funds’ disbursement and annually thereafter.

Section 50110
Amends SDWA Section 1464(b) to require EPA to publish school lead testing Amends SDWA Section 1464(b) to require EPA to publish school lead testing
Lead Lead
guidance for public water systems. guidance for public water systems.
Contamination Contamination
Amends SDWA Section 1464(d) to expand the existing Voluntary School and Child Amends SDWA Section 1464(d) to expand the existing Voluntary School and Child
Currently, SDWA Section 1464(d)(8) authorizes appropriations Currently, SDWA Section 1464(d)(8) authorizes appropriations
in School in School
Care Program Lead Testing Grant Program to include activities such as compliance Care Program Lead Testing Grant Program to include activities such as compliance
of $20 of $20 ~~million~~mil ion for each of FY2017-FY2019, and $25 for each of FY2017-FY2019, and $25 ~~million~~mil ion for for
Drinking Water Drinking Water
monitoring and lead remediation; expands eligible entities to include water systems, monitoring and lead remediation; expands eligible entities to include water systems,
each of FY2020 and FY2021. each of FY2020 and FY2021.

qualified nonprofit organizations, and tribal consortia; qualified nonprofit organizations, and tribal consortia; reauthorizes
appropriations for SDWA Section 1464(d) at
 
$30 million for FY2022,
 
$35 million for FY2023,
 
$40 million for FY2024,
 
$45 million for FY2025, and
 
$50 million for FY2026.

CRS-CRS-1617

Section
Summary of Provisions
Notes
Section 50111
Revises the Indian Reservation Drinking Water Grant Program, authorized by Revises the Indian Reservation Drinking Water Grant Program, authorized by
AWIA Section 2001 directs EPA—subject to appropriations—to AWIA Section 2001 directs EPA—subject to appropriations—to
Indian Indian
AWIA Section 2001, which directs EPA—subject to appropriations—to establish a AWIA Section 2001, which directs EPA—subject to appropriations—to establish a
establish a drinking water infrastructure grant program for 20 establish a drinking water infrastructure grant program for 20
Reservation Reservation
drinking water infrastructure grant program for 20 eligible projects (10 projects in drinking water infrastructure grant program for 20 eligible projects (10 projects in
eligible projects (10 projects in the Upper Missouri River Basin eligible projects (10 projects in the Upper Missouri River Basin
Drinking Water Drinking Water
the Upper Missouri River Basin and 10 projects in the Upper Rio Grande River the Upper Missouri River Basin and 10 projects in the Upper Rio Grande River
and 10 projects in the Upper Rio Grande River Basin) to and 10 projects in the Upper Rio Grande River Basin) to
Program Program
Basin) to improve water quality, water pressure, or water services. This section Basin) to improve water quality, water pressure, or water services. This section
improve water quality, water pressure, or water services. One of improve water quality, water pressure, or water services. One of
directs EPA to establish such a grant program, establishes the federal share at 100% directs EPA to establish such a grant program, establishes the federal share at 100%
the 10 projects in the Upper Missouri River Basin must serve the 10 projects in the Upper Missouri River Basin must serve

of project costs, and expands the eligible uses of the funds to either drinking water of project costs, and expands the eligible uses of the funds to either drinking water
two or more tribes. To be eligible, the public water system must two or more tribes. To be eligible, the public water system must

infrastructure improvements or wastewater system improvements; requires EPA to infrastructure improvements or wastewater system improvements; requires EPA to
either be on a reservation or serve a federally recognized Indian either be on a reservation or serve a federally recognized Indian

use 50% of funds for use 50% of funds for
tribe. Section 2001 authorizes an appropriation $20 tribe. Section 2001 authorizes an appropriation $20 ~~million~~

mil ion  
annually from FY2019 through FY2022 to support this program. annually from FY2019 through FY2022 to support this program.

10 projects in the Upper Missouri River Basin, 10 projects in the Upper Missouri River Basin,
To date, no funds have been appropriated for this purpose. To date, no funds have been appropriated for this purpose.

 
10 projects in the Upper Rio Grande River Basin, 10 projects in the Upper Rio Grande River Basin,

 
10 projects in the Columbia River Basin, 10 projects in the Columbia River Basin,
 
10 projects in the Lower Colorado River Basin, and 10 projects in the Lower Colorado River Basin, and
 
10 projects in the Arkansas-White-Red River Basin. 10 projects in the Arkansas-White-Red River Basin.
Retains requirement that EPA select no less than two projects that serve more than Retains requirement that EPA select no less than two projects that serve more than
one federally recognized Indian tribe; requires EPA to report to Congress on the one federally recognized Indian tribe; requires EPA to report to Congress on the
implementation of this grant program within two years of enactment; implementation of this grant program within two years of enactment; authorizes
appropriations of $50 million annually for FY2022 through FY2026.
Section 50112
Adds SDWA Section 1459G to require EPA, subject to appropriations, and within Adds SDWA Section 1459G to require EPA, subject to appropriations, and within
AWIA Section 2007 directs EPA to administer a competitive AWIA Section 2007 directs EPA to administer a competitive
Advanced Advanced
one year of enactment, to study existing and potential future technology, including one year of enactment, to study existing and potential future technology, including
grant program to accelerate the development of innovative water grant program to accelerate the development of innovative water
Drinking Water Drinking Water
cybersecurity vulnerabilities, that could enhance various aspects of the water cybersecurity vulnerabilities, that could enhance various aspects of the water
technology that addresses drinking water supply, quality, technology that addresses drinking water supply, quality,
Technologies Technologies
provided by a public water system; requires EPA to establish a grant program for provided by a public water system; requires EPA to establish a grant program for
treatment, or security. Among the selection criteria for grants, treatment, or security. Among the selection criteria for grants,
water systems either serving 100,000 or fewer individuals or small and water systems either serving 100,000 or fewer individuals or small and
EPA must prioritize projects that provide additional drinking EPA must prioritize projects that provide additional drinking
disadvantaged water systems to identify, deploy, or identify and deploy technologies; water supplies with minimal environmental impact. AWIA disadvantaged water systems to identify, deploy, or identify and deploy technologies; water supplies with minimal environmental impact. AWIA
requires EPA to report to Congress on the implementation of this grant program requires EPA to report to Congress on the implementation of this grant program
authorizes $10 authorizes $10 ~~million~~mil ion to be appropriated each year for FY2019 to be appropriated each year for FY2019
within two years of the first funds’ disbursement and annually thereafter; within two years of the first funds’ disbursement and annually thereafter;
and FY2020 to support this grant program. To date, no funds and FY2020 to support this grant program. To date, no funds
authorizes appropriations of $10 million annually for FY2022 through
have been appropriated for this purpose. have been appropriated for this purpose.
FY2026.

CRS-CRS-1718

Section
Summary of Provisions
Notes
Section 50113
Adds SDWA Section 1420A on cybersecurity. Requires EPA, in coordination with Adds SDWA Section 1420A on cybersecurity. Requires EPA, in coordination with

Cybersecurity Cybersecurity
the Department of Homeland Security Cybersecurity and Infrastructure Security the Department of Homeland Security Cybersecurity and Infrastructure Security
Support for Support for
Agency (CISA) to develop a prioritization framework to identify public water Agency (CISA) to develop a prioritization framework to identify public water
Public Water Public Water
systems (including systems’ source water) that, if degraded or rendered inoperable systems (including systems’ source water) that, if degraded or rendered inoperable
Systems Systems
due to an incident, would lead to significant impacts on the health and safety of the due to an incident, would lead to significant impacts on the health and safety of the
public, within 180 days of enactment; requires EPA and CISA to develop a Technical public, within 180 days of enactment; requires EPA and CISA to develop a Technical
Cybersecurity Support Plan for public water systems, within 270 days of enactment; Cybersecurity Support Plan for public water systems, within 270 days of enactment;
requires EPA to report to Congress within 10 additional days from the requires EPA to report to Congress within 10 additional days from the
development of the prioritization framework and support plan (i.e., within 190 days development of the prioritization framework and support plan (i.e., within 190 days
and 280 days, respectively). and 280 days, respectively).
Section 50114 Amends SDWA Section 1459A(j), authorizes a grant program to help states assist Amends SDWA Section 1459A(j), authorizes a grant program to help states assist

State Response State Response
underserved communities to respond to imminent and substantial contamination; underserved communities to respond to imminent and substantial contamination;
to to
changes eligibility from “underserved community” to water systems eligible for changes eligibility from “underserved community” to water systems eligible for
Contaminants Contaminants
SDWA Section 1459A (i.e., systems that serve a disadvantaged community, or a SDWA Section 1459A (i.e., systems that serve a disadvantaged community, or a
community that may become disadvantaged as a result of the project, or systems community that may become disadvantaged as a result of the project, or systems
serving 10,000 or fewer individuals and do not have capacity to incur debt). serving 10,000 or fewer individuals and do not have capacity to incur debt).
Section 50115 Requires EPA to annually report to Congress, first within one year of enactment, on Requires EPA to annually report to Congress, first within one year of enactment, on
Annual Study on the national prevalence of, and reasons for, boil water advisories, as a part of the Annual Study on the national prevalence of, and reasons for, boil water advisories, as a part of the
Boil Water Boil Water
agency’s budget request. agency’s budget request.
Advisories Advisories
Title II—Clean Water
Section 50201
Reauthorizes appropriations of $75 million annually for FY2022 through
The grant programs in Section 104(b)(3) and 104(g) were The grant programs in Section 104(b)(3) and 104(g) were
Research, Research,
FY2026 for Clean Water Act (CWA) Section 104(u), which includes grants which includes grants
established in 1972; Congress has not provided appropriations to established in 1972; Congress has not provided appropriations to
Investigations, Investigations,
to state water to state water ~~pollution~~pol ution control agencies (subsection (b)(3)), grants to nonprofit control agencies (subsection (b)(3)), grants to nonprofit
these programs in recent years. these programs in recent years.
Training, and Training, and
organizations for technical assistance (subsection (b)(8)), and grants to eligible organizations for technical assistance (subsection (b)(8)), and grants to eligible
The grant program in Section 104(b)(8) was authorized in the The grant program in Section 104(b)(8) was authorized in the
Information Information
entities for training projects (subsection (g)); not less than $50 entities for training projects (subsection (g)); not less than $50 ~~million~~mil ion each fiscal each fiscal
America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115- America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115-
year shall be used for the training project grants (subsection (b)(8)); directs EPA to year shall be used for the training project grants (subsection (b)(8)); directs EPA to
270). Congress first provided $12 270). Congress first provided $12 ~~million~~mil ion in appropriations for in appropriations for
submit a report describing implementation of these grant programs. submit a report describing implementation of these grant programs.
this program for FY2020 (P.L. 116-94) and $18 this program for FY2020 (P.L. 116-94) and $18 ~~million~~mil ion for for
FY2021 ($18 FY2021 ($18 ~~million~~mil ion in P.L. 116-260). in P.L. 116-260).
Section 50202
~~Directs~~Adds Section 222 to the CWA, directing EPA to establish a wastewater efficiency EPA to establish a wastewater efficiency Wastewater grant program for publicly owned grant program for publicly owned

~~Wastewater~~
treatment works (POTW) to create or improve treatment works (POTW) to create or improve Efficiency Grant waste-to-energy systems; grants waste-to-energy systems; grants
~~Efficiency Grant~~
may not exceed $4 may not exceed $4 ~~million~~mil ion per recipient; per recipient; Pilot Program authorizes appropriations of $20
~~Pilot Program~~
million annually for FY2022 through FY2026.

CRS-CRS-1819

Section
Summary of Provisions
Notes
Section 50203
Amends CWA Section 220, a pilot program for alternative water source projects, Amends CWA Section 220, a pilot program for alternative water source projects,
To date, this program has not received appropriations. To date, this program has not received appropriations.
Pilot Program Pilot Program
to include stormwater as an eligible project type; to include stormwater as an eligible project type; authorizes appropriations of
for Alternative for Alternative
$25 million annually for FY2022 through FY2026.
Water Source Water Source
ProjectsProjects
Section 50204
Amends CWA Section 221 to include as an eligible project “notification systems to Amends CWA Section 221 to include as an eligible project “notification systems to
Congress authorized this program in 2000 and provided the first Congress authorized this program in 2000 and provided the first
Sewer Overflow inform the public of combined sewer or sanitary overflows that result in sewage Sewer Overflow inform the public of combined sewer or sanitary overflows that result in sewage
appropriation in 2019, providing $28 appropriation in 2019, providing $28 ~~million~~mil ion for FY2020 (P.L. for FY2020 (P.L.
and Stormwater being released into rivers and other waters”; provides the federal cost share shall and Stormwater being released into rivers and other waters”; provides the federal cost share shall
116-94), 116-94), ~~followed~~fol owed by $40 by $40 ~~million~~mil ion for FY2021 (P.L. 116-260). EPA for FY2021 (P.L. 116-260). EPA
Reuse Municipal Reuse Municipal
be not less than 90% in rural or financially distressed communities; EPA may be not less than 90% in rural or financially distressed communities; EPA may
issued a proposed rule in the issued a proposed rule in the Federal Register regarding this regarding this
Grants Grants
increase federal share to 100%; increase federal share to 100%; authorizes appropriations of $280 million
program on August 4, 2020. To date, EPA has not issued any program on August 4, 2020. To date, EPA has not issued any
annually for FY2022 through FY2026; directs states to use not less than 25% of grants for this program. ; directs states to use not less than 25% of grants for this program.
grants in rural or financially distressed communities. grants in rural or financially distressed communities.
Section 50205
Adds Section Adds Section ~~222~~223 to the CWA, directing EPA to establish a clean water to the CWA, directing EPA to establish a clean water

Clean Water Clean Water
infrastructure resilience and sustainability grant program; a grant shall not exceed infrastructure resilience and sustainability grant program; a grant shall not exceed
Infrastructure Infrastructure
75% of total project cost, but allows for 90% under certain conditions, including a 75% of total project cost, but allows for 90% under certain conditions, including a
Resiliency and Resiliency and
population of fewer than 10,000 or a low-income community; the nonfederal cost population of fewer than 10,000 or a low-income community; the nonfederal cost
Sustainability Sustainability
share may be waived; applies CWA Section 608 (requirement to use American share may be waived; applies CWA Section 608 (requirement to use American
Program Program
products iron and steel products) to grant projects; products iron and steel products) to grant projects; authorizes appropriations
of $25 million annually for FY2022 through FY2026. .
Section 50206
Adds Section Adds Section ~~223~~224 to the CWA, directing EPA to establish a circuit rider program to to the CWA, directing EPA to establish a circuit rider program to
Small and Small and
award grants to nonprofit entities to provide assistance to small and medium award grants to nonprofit entities to provide assistance to small and medium
Medium Publicly POTWs to carry out CWA Section 602(b)(13), which requires that an SRF Medium Publicly POTWs to carry out CWA Section 602(b)(13), which requires that an SRF
Owned Owned
recipient demonstrate it “has studied and evaluated the cost and effectiveness of the recipient demonstrate it “has studied and evaluated the cost and effectiveness of the
Treatment Treatment
processes, materials, techniques, and technologies for carrying out the proposed processes, materials, techniques, and technologies for carrying out the proposed
Works Circuit Works Circuit
project”; grants limited to $75,000; project”; grants limited to $75,000; authorizes appropriations of $10 million
Rider Program Rider Program
annually for FY2022 through FY2026. .
Section 50207
Adds Section Adds Section ~~224~~225 to the CWA, directing EPA to establish a grant program to to the CWA, directing EPA to establish a grant program to
Section 50207 does not include an authorization of Section 50207 does not include an authorization of
Small Publicly Small Publicly
support projects that repair/replace equipment to improve water/energy efficiency support projects that repair/replace equipment to improve water/energy efficiency
appropriations for this program. appropriations for this program.
Owned Owned
of small POTWs, defined as a population of not more than 10,000 or a of small POTWs, defined as a population of not more than 10,000 or a
Treatment Treatment
disadvantaged community; not less than 15% of grants must support POTWs that disadvantaged community; not less than 15% of grants must support POTWs that
Works Works
serve fewer than 3,300 people. serve fewer than 3,300 people.
Efficiency Grant Efficiency Grant
ProgramProgram

CRS-CRS-1920

Section
Summary of Provisions
Notes
Section 50208
Adds Section Adds Section ~~225~~226 to the CWA, directing EPA to establish a grant program for to the CWA, directing EPA to establish a grant program for
The USDA’s Rural Utilities Service provides direct and The USDA’s Rural Utilities Service provides direct and
Grants for Grants for
private nonprofit organizations to construct, repair, or replace individual household private nonprofit organizations to construct, repair, or replace individual household
guaranteed loan and grant assistance to communities for waste guaranteed loan and grant assistance to communities for waste
Construction Construction
(or multihousehold) decentralized wastewater systems; provides priority for funding disposal projects in eligible rural areas. Eligible areas include rural (or multihousehold) decentralized wastewater systems; provides priority for funding disposal projects in eligible rural areas. Eligible areas include rural
and Refurbishing to individuals that do not have access to sanitary disposal systems; and Refurbishing to individuals that do not have access to sanitary disposal systems; authorizes
towns of 10,000 or less. Under the USDA program, long-term, towns of 10,000 or less. Under the USDA program, long-term,
of Individual of Individual
appropriations of $50 million annually for FY2022 through FY2026. .
low-interest loans are primary funding mechanisms. If funds are low-interest loans are primary funding mechanisms. If funds are
Household Household
available, a grant may be combined with a loan to reduce available, a grant may be combined with a loan to reduce
Decentralized Decentralized
borrower costs. In some cases funding may also be available for borrower costs. In some cases funding may also be available for
Wastewater Wastewater
legal and engineering fees, land acquisition, and start-up legal and engineering fees, land acquisition, and start-up
Systems for Systems for
operations. Project applications are scored on a point system, operations. Project applications are scored on a point system,
Individuals with Individuals with
with smaller populations and lower median household incomes with smaller populations and lower median household incomes
Low or Low or
receiving priority (7 U.S.C. §1926). receiving priority (7 U.S.C. §1926).
Moderate Moderate
For additional information, see https://www.rd.usda.gov/ For additional information, see https://www.rd.usda.gov/
Income Income
programs-services/water-waste-disposal-loan-grant-program. programs-services/water-waste-disposal-loan-grant-program.
Section 50209
Adds Section Adds Section ~~226~~227 to the CWA, directing EPA to establish a grant program to help to the CWA, directing EPA to establish a grant program to help

Connection to Connection to
cover the costs of connecting low-income individuals to POTWs; grants go to cover the costs of connecting low-income individuals to POTWs; grants go to
Publicly Owned Publicly Owned
POTWs or nonprofit entities; POTWs or nonprofit entities; authorizes appropriations of $40 million
Treatment Treatment
annually for FY2022 through FY2026; not less than 15% of grants to go to ; not less than 15% of grants to go to
Works Works
systems serving fewer than 3,300 people. systems serving fewer than 3,300 people.
Section 50210
Amends clean water state revolving fund (CWSRF) provisions in CWA Section 603 Amends clean water state revolving fund (CWSRF) provisions in CWA Section 603
Although the CWSRF program is generally a loan program, the Although the CWSRF program is generally a loan program, the
Clean Water Clean Water
to clarify that additional subsidization includes “forgiveness of principal, grants, to clarify that additional subsidization includes “forgiveness of principal, grants,
CWSRF program allows states to provide SRF recipients CWSRF program allows states to provide SRF recipients
State Revolving State Revolving
negative interest loans, other loan forgiveness, and through buying, refinancing, or negative interest loans, other loan forgiveness, and through buying, refinancing, or
additional subsidization. In addition, appropriations acts in recent additional subsidization. In addition, appropriations acts in recent
Funds Funds
restructuring debt”; directs states to use at least 10% of their capitalization grant for years have required states to use specified minimum percentages restructuring debt”; directs states to use at least 10% of their capitalization grant for years have required states to use specified minimum percentages
additional subsidization; allows states to allocate 2% of capitalization grants to additional subsidization; allows states to allocate 2% of capitalization grants to
of their federal grant amounts to provide additional subsidization. of their federal grant amounts to provide additional subsidization.
nonprofits to provide technical assistance to small, rural, and tribal POTWs. nonprofits to provide technical assistance to small, rural, and tribal POTWs.
This trend began with the American Recovery and Reinvestment This trend began with the American Recovery and Reinvestment

Act of 2009 (ARRA, P.L. 111-5), which required states to use at Act of 2009 (ARRA, P.L. 111-5), which required states to use at
least 50% of their ARRA SRF funds for this purpose. Subsequent least 50% of their ARRA SRF funds for this purpose. Subsequent

appropriations acts have included similar conditions, with varying appropriations acts have included similar conditions, with varying
percentages of mandatory subsidization. The FY2021 percentages of mandatory subsidization. The FY2021
appropriations act requires states to use 10% of the CWSRF appropriations act requires states to use 10% of the CWSRF
grants for additional subsidization. grants for additional subsidization.

Reauthorizes appropriations for the CWSRF program as follows:
Although the authority for CWSRF appropriations expired in Although the authority for CWSRF appropriations expired in

 
FY1994, Congress has continued to provide annual FY1994, Congress has continued to provide annual

$2.40 billion for FY2020;
appropriations to the program. Congress appropriated $1.6 appropriations to the program. Congress appropriated $1.6

 
$2.75 billion for FY2023;
~~billion~~bil ion for both FY2020 and FY2021 for the CWSRF program. for both FY2020 and FY2021 for the CWSRF program.

 
$3.00 billion for FY2024;
 
$3.25 billion for each of FY2025 and FY2026.

CRS-CRS-2021

Section
Summary of Provisions
Notes
Section 50211
Amends AWIA Section 4304, which directs EPA, in consultation with USDA, to Amends AWIA Section 4304, which directs EPA, in consultation with USDA, to

Water Water
establish the Innovative Water Infrastructure Workforce Development program; establish the Innovative Water Infrastructure Workforce Development program;
Infrastructure Infrastructure
expands the uses of grants provided in this program to include recruitment and expands the uses of grants provided in this program to include recruitment and
and Workforce and Workforce
promotion of diversity within the water sector, training for the water sector, and promotion of diversity within the water sector, training for the water sector, and
Investment Investment
activities to improve water sector employee retention; expands eligible grant activities to improve water sector employee retention; expands eligible grant
recipients to include public works departments and agencies; requires EPA to recipients to include public works departments and agencies; requires EPA to
coordinate a federal interagency working group to address recruitment, training, coordinate a federal interagency working group to address recruitment, training,
and retention of the water sector workforce; requires EPA in coordination with the and retention of the water sector workforce; requires EPA in coordination with the
federal interagency working group to report to Congress within two years of federal interagency working group to report to Congress within two years of
enactment on potential solutions to workforce recruitment, training, and retention enactment on potential solutions to workforce recruitment, training, and retention
challenges in the water sector; challenges in the water sector; authorizes appropriations of $5 million
annually for FY2022 through FY2026.
Section 50212
Reauthorizes appropriations for grants to Alaska to support rural and native Reauthorizes appropriations for grants to Alaska to support rural and native ~~villages~~vil ages
Although authority for appropriations for this program expired Although authority for appropriations for this program expired
Grants to Grants to
(33 U.S.C. 1263a(e)); (33 U.S.C. 1263a(e)); authorizes appropriations of $40 million annually for
at the end of FY2005, this program has continued to receive at the end of FY2005, this program has continued to receive
Alaska to Alaska to
FY2022 through FY2024, $50 million for FY2025, and $60 million for
annual appropriations. Congress appropriated $36.2 annual appropriations. Congress appropriated $36.2 ~~million~~mil ion for for
Improve Improve
FY2026.
this program for FY2021. this program for FY2021.
Sanitation in Sanitation in
Rural and Rural and
Native Native ~~Villages~~Vil ages
Section 50213
Directs EPA to establish a grant pilot program to create systems that improve the Directs EPA to establish a grant pilot program to create systems that improve the

Water Data Water Data
sharing of information between states and local governments regarding water sharing of information between states and local governments regarding water
Sharing Pilot Sharing Pilot
quality, infrastructure needs, and water technology; grants may be issued to states, quality, infrastructure needs, and water technology; grants may be issued to states,
Program Program
counties, or local governments; states may establish regional consortia to carry out counties, or local governments; states may establish regional consortia to carry out
certain water projects; certain water projects; authorizes appropriations annually for FY2022
through FY2026.
Section 50214
Amends the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to Amends the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) to

Final Rating Final Rating
require loan applicants to submit one final rating option letter instead of two (33 require loan applicants to submit one final rating option letter instead of two (33
Opinion Letters Opinion Letters
U.S.C. 3907(a)(1)(D)( U.S.C. 3907(a)(1)(D)(iii )). )).

CRS-CRS-2122

Section
Summary of Provisions
Notes
Section 50215
Reauthorizes appropriations for subsidy costs of $50 million annually for
Section 50215’s reauthorization of appropriations matches the Section 50215’s reauthorization of appropriations matches the
Water Water
FY2022 through FY2026 and administrative costs annually for FY2022
existing authority of appropriations for FY2021 (33 U.S.C. existing authority of appropriations for FY2021 (33 U.S.C.
Infrastructure Infrastructure
through FY2026. Requires EPA to develop an outreach plan to promote the Requires EPA to develop an outreach plan to promote the
§3912). Congress provided $59.5 §3912). Congress provided $59.5 ~~million~~mil ion for WIFIA subsidy costs for WIFIA subsidy costs
Financing Financing
WIFIA program to small and rural communities. WIFIA program to small and rural communities.
in FY2021. EPA estimated that this FY2021 budget authority in FY2021. EPA estimated that this FY2021 budget authority
Reauthorization Reauthorization
would provide approximately $5.5 would provide approximately $5.5 ~~billion~~bil ion in credit assistance in credit assistance
(EPA, FY2021 Notice of Funding Availability, (EPA, FY2021 Notice of Funding Availability,
https://www.epa.gov/wifia/fy-2021-notice-funding-availability). https://www.epa.gov/wifia/fy-2021-notice-funding-availability).

Section 50216
Directs EPA to provide a report to Congress describing the CWSRF and DWSRF Directs EPA to provide a report to Congress describing the CWSRF and DWSRF

Small and Small and
programs’ historical distributions of funds to small and disadvantaged communities programs’ historical distributions of funds to small and disadvantaged communities
Disadvantaged Disadvantaged
and identifying opportunities to improve distribution to low-income, rural, minority, and identifying opportunities to improve distribution to low-income, rural, minority,
Community Community
and indigenous communities, in accordance with Executive Order 12898. and indigenous communities, in accordance with Executive Order 12898.
Analysis Analysis

Section 50217
Directs EPA to establish a grant program to support the creation of centers of Directs EPA to establish a grant program to support the creation of centers of
Stormwater Stormwater
excellence for stormwater control infrastructure technologies at research excellence for stormwater control infrastructure technologies at research
Infrastructure Infrastructure
institutions or nonprofit organizations; institutions or nonprofit organizations; authorizes appropriations annually for
Technology Technology
FY2022 through FY2026; directs EPA to provide grants to state, local, and tribal ; directs EPA to provide grants to state, local, and tribal
governments to carry out stormwater infrastructure projects that involve new and governments to carry out stormwater infrastructure projects that involve new and
emerging technologies; prioritizes grant awards to small, rural, and disadvantaged emerging technologies; prioritizes grant awards to small, rural, and disadvantaged
communities with municipal combined storm and sanitary systems; communities with municipal combined storm and sanitary systems; authorizes
appropriations of $10 million annually for FY2022 through FY2026.
Section 50218
Directs EPA to establish a Water Reuse Interagency Working Group to develop Directs EPA to establish a Water Reuse Interagency Working Group to develop

Water Reuse Water Reuse
and coordinate water reuse activities and resources through the implementation of and coordinate water reuse activities and resources through the implementation of
Interagency Interagency
a National Water Reuse Action Plan; directs EPA to submit a report to Congress a National Water Reuse Action Plan; directs EPA to submit a report to Congress
Working Group Working Group on the working group’s activities at least once every two years. on the working group’s activities at least once every two years.
Section 50219
Directs EPA to carry out and submit to Congress a study examining the state of Directs EPA to carry out and submit to Congress a study examining the state of

Advanced Clean existing and potential technologies that could enhance treatment, monitoring, Advanced Clean existing and potential technologies that could enhance treatment, monitoring,
Water Water
affordability, efficiency, and safety of wastewater services provided by treatment affordability, efficiency, and safety of wastewater services provided by treatment
Technologies Technologies
works. works.
Study Study

CRS-CRS-2223

Section
Summary of Provisions
Notes
Section 50220
~~Amends CWA~~Adds Section Section ~~516 to direct the~~609 to the CWA, directing EPA to conduct an assessment of capital EPA to conduct an assessment of capital
Clean Water Act Section 516(b)(1)(B) requires EPA to prepare Clean Water Act Section 516(b)(1)(B) requires EPA to prepare
Clean Clean
improvement needs for all projects eligible under the CWSRF program; directs EPA “a detailed estimate, biennially revised, of the cost of improvement needs for all projects eligible under the CWSRF program; directs EPA “a detailed estimate, biennially revised, of the cost of
Watersheds Watersheds
to complete such an assessment at least every four years; to complete such an assessment at least every four years; authorizes an
construction of all needed publicly owned treatment works in all construction of all needed publicly owned treatment works in all
Needs Survey Needs Survey
appropriation of $5 million (available until expended).
of the States and of the cost of construction of all needed of the States and of the cost of construction of all needed
publicly owned treatment works in each of the States.” publicly owned treatment works in each of the States.”
Historically, EPA has produced this estimate approximately every Historically, EPA has produced this estimate approximately every
four years, referred to as the Clean Water Needs Survey. The four years, referred to as the Clean Water Needs Survey. The
scope of this existing assessment is narrower than the proposed scope of this existing assessment is narrower than the proposed
assessment in this section. assessment in this section.
Section 50221
Amends the Water Resource Research Act to require each Water Resource Amends the Water Resource Research Act to require each Water Resource

Water Research Institute to provide a nonfederal match equivalent to the federal funds Research Institute to provide a nonfederal match equivalent to the federal funds
~~Water~~Resources
provided and submit an annual report to specified congressional committees provided and submit an annual report to specified congressional committees
~~Resources~~Research Act
regarding such matching funds; requires the Secretary of the Interior to complete an regarding such matching funds; requires the Secretary of the Interior to complete an
~~Research Act~~Amendments
evaluation of each institute, every five years, and as a result of the evaluation, the evaluation of each institute, every five years, and as a result of the evaluation, the
~~Amendments~~
Secretary is authorized to suspend/discontinue funding for such institute until the Secretary is authorized to suspend/discontinue funding for such institute until the
institute’s qualifications are reestablished; institute’s qualifications are reestablished; reauthorizes appropriations of $3
million annually for FY2022 through FY2025.
Section 50222
Adds Section 124 to the CWA to direct the EPA to provide funding to carry out Adds Section 124 to the CWA to direct the EPA to provide funding to carry out

Enhanced Enhanced
groundwater research on enhanced aquifer use and recharge in support of sole- groundwater research on enhanced aquifer use and recharge in support of sole-
Aquifer Use and source aquifers; not less than 50% of funding is to be provided to a state, local Aquifer Use and source aquifers; not less than 50% of funding is to be provided to a state, local
Recharge Recharge
government, or Indian tribe to carry out activities that would directly support that government, or Indian tribe to carry out activities that would directly support that
research, with the remaining funding allocated to an appropriate research center; research, with the remaining funding allocated to an appropriate research center;
requires a state, local government, or Indian tribe and the appropriate research requires a state, local government, or Indian tribe and the appropriate research
center to form a research relationship for coordinating purposes; center to form a research relationship for coordinating purposes; authorizes
appropriations of $5 million annually for FY2022 through FY2026.
Source: Prepared by CRS based on S.Amdt. 2137 to H.R. 3684 (Infrastructure Investment and Jobs Act), which passed the Senate on August 10, 2021. Prepared by CRS based on S.Amdt. 2137 to H.R. 3684 (Infrastructure Investment and Jobs Act), which passed the Senate on August 10, 2021.

CRS-CRS-2324

Infrastructure Investment and Jobs Act: Drinking Water and Wastewater Infrastructure

Author Information

Elena H. Humphreys Elena H. Humphreys
Jonathan L. Ramseur Jonathan L. Ramseur
Analyst in Environmental Policy Analyst in Environmental Policy
Specialist in Environmental Policy Specialist in Environmental Policy

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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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Congressional Research Service Congressional Research Service
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