WRDA 2016: Infrastructure, Lead, and Other Safe Drinking Water Act Provisions in H.R. 5303 and S. 2848
Updated October 18, 2016
WRDA 2016: Infrastructure, Lead, and Other Safe Drinking
Water Act Provisions in H.R. 5303 and S. 2848
Background
Drinking Water Provisions in H.R. 5303
The drinking water crisis in Flint, Michigan, heightened
H.R. 5303, Section 192, would authorize appropriations of
awareness of the state of the nation’s drinking water
$170 million for the Corps to provide design and
infrastructure and the challenges many communities face in
construction assistance to communities specified in earlier
maintaining and replacing water infrastructure and assuring
WRDA bills in states subject to presidential emergency
the provision of safe, affordable water supplies. It also
declarations as a result of lead or other contaminants in the
illustrated the complexities of implementing and complying
water system for repair or replacement of public and private
with the Safe Drinking Water Act (SDWA; 42 U.S.C.
infrastructure. Eligible communities appear to include
§§300f-300j-26). Numerous bills have been introduced in
Genesee County (including Flint), MI, and perhaps other
the 114th Congress to expand federal support for drinking
communities.
water infrastructure projects, provide assistance to Flint,
and amend the SDWA to address an array of issues.
Drinking Water Provisions in S. 2848
Selected SDWA, water infrastructure financing, lead, and
The SDWA authorizes the Environmental Protection
Flint-related provisions in S. 2848 are outlined below.
Agency (EPA) to regulate contaminants in public water
Some related bills are identified for each of these
supplies. The act also authorizes the state-administered
provisions. (See also CRS In Focus IF10471, WRDA 2016:
Drinking Water State Revolving Fund (DWSRF)
Clean Water Act and Infrastructure Financing Provisions
program—the key federal assistance program for drinking
in Senate-Passed S. 2848, by Claudia Copeland.)
water infrastructure projects. EPA makes annual grants to
states to capitalize their DWSRFs, and states use the funds
DWSRF Program
to provide assistance (primarily subsidized loans) to public
Section 7101 specifies that eligible uses of the DWSRF
water systems for projects that facilitate SDWA compliance
include preconstruction work; replacement of storage,
and address the most serious health risks.
treatment, or distribution facilities; and security
upgrades. Funds could be used as security for state
Water Resources Development Act (WRDA) bills generally
bonds. Related bill: H.R. 4653, H.R. 6116.
authorize U.S. Army Corps of Engineers projects and
studies involving water resources development, flood
Section 7102 would require states, when selecting
control, river and harbor improvements, and related
projects to receive DWSRF assistance, to give added
activities. Since 1992, WRDAs have also authorized the
weight to applications that include specified elements
Corps to provide assistance for municipal drinking water
(e.g., asset management, financial plans, and water
and wastewater projects (environmental infrastructure).
conservation plans) to promote sustainability of public
WRDA 2016
water systems. Related bill: H.R. 4653, H.R. 6116.
The House 2016 WRDA bill, H.R. 5303, passed the House
For DWSRF administration, Section 7103 would allow
on September 28, 2016. As amended during House
states to use collected fees plus the greatest of $400,000,
consideration, the bill includes a provision to authorize
1/5 percent of the valuation of the fund, or 4% of the
appropriations for the Corps to provide drinking water
state capitalization grant. Related bill: H.R. 4653.
infrastructure assistance to Flint and similar communities.
The Senate 2016 WRDA bill, S. 2848, passed the Senate on
Section 7104 would allow states to use DWSRF funds to
September 15, 2016. In addition to authorizing Corps
implement source water protection programs. Related
studies and projects, S. 2848 would authorize new EPA
bill: H.R. 4653.
grant programs to support projects that reduce lead in
Section 7309 would allow states to provide as much as
drinking water, help disadvantaged communities comply
50% DWSRF loan forgiveness for project costs related
with SDWA rules, and support testing school drinking
to the use of innovative technologies—including
water for lead. It would revise the DWSRF program,
technologies to identify and mitigate sources of drinking
authorize a water infrastructure trust fund, and authorize
water contamination. Related bills: S. 2579, S. 2821.
grants to promote innovative water technologies. S. 2848
incorporates numerous elements of SDWA bills introduced
Grants for Disadvantaged and Small Communities
in response to the Flint water crisis and includes mandatory
funding for drinking water infrastructure improvements and
Section 7106 would authorize appropriations of $1.43
other aid for Flint and for other purposes. (See also CRS
billion over five years plus $20 million in mandatory
Insight IN10579, Water Resources Development Act of
funding for grants to assist disadvantaged or small
2016: H.R. 5303 and S. 2848, by Nicole T. Carter.)
communities that are not in compliance with a drinking
water standard or treatment technique or exceed an
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WRDA 2016: Infrastructure, Lead, and Other Safe Drinking Water Act Provisions in H.R. 5303 and S. 2848
action level. Grants could be used for infrastructure
natural hazard-related projects). This section would (1)
projects, water quality monitoring, and other assistance.
remove WIFIA’s designation as a pilot program, (2)
The bill would give funding priority to underserved
allow prior costs incurred and in-kind contributions to
communities (45% non-federal project cost share may
be credited to non-federal costs, (3) allow financing fees
be waived). Related bills: S. 2820, S. 2821.
to be included in the loan, and (4) add a “Sense of the
Senate” that WIFIA appropriations should be in addition
Lead in Drinking Water
to robust DWSRF and CWA State Revolving Fund
(SRF) funding. Related bills: S. 2579, S. 2821.
Section 7101 would authorize appropriations of $300
million over five years for grants to reduce lead in
Water Infrastructure Investment Trust Fund
drinking water through lead service line replacement
and other activities. Grants could be used to provide
Section 7303 establishes an EPA-administered trust
assistance to low-income homeowners to replace their
fund based on voluntary fees manufacturers would pay
lead water lines. Funding priority would be given to
to use a water quality product label. Fees would support
disadvantaged communities for projects that address
the SRF programs. Related bills: H.R. 4468, H.R. 5313.
lead action-level exceedances, lead in water at schools
and childcare facilities, or other EPA priorities (20%
Innovative Water Technology Grant Program
non-federal cost share may be waived). Related bills:
Section 7304 would authorize EPA to make grants for
H.R. 4797, H.R. 4653, H.R. 6116 S. 2588, S. 2821.
projects and technical assistance to promote innovative
Section 7109 would amend SDWA enforcement
water technologies to address pressing water quality,
provisions to require EPA to notify the public of any
supply, cost, and other challenges. This section would
lead action level exceedance if a water system or state
authorize appropriations of $50 million annually with no
does not do so. EPA would be authorized to provide
fiscal year limitation and further provide $10 million in
notice of the results of lead monitoring conducted by a
mandatory funding. Related bills: S. 2673, S. 2821.
public water system. Related bills: H.R. 4470, S. 2466,
S. 2535, S. 2579, S. 2587, S. 2820, S. 2821.
Drinking Water Disaster Relief and Infrastructure
Investments; Flint, Michigan
Section 7110 would require electronic reporting of lead
Section 7401 would provide $100 million in mandatory
and other compliance monitoring data by (1) water
funding for DWSRF grants to states subject to a
systems to the state, if practicable; and (2) by states to
presidential emergency declaration to provide assistance
EPA as a condition for receiving SDWA funding.
to a public water system that is the subject of the
Related bills: H.R. 4653, S. 2820, S. 2821.
declaration to address lead or other drinking water
Section 7111 would establish a voluntary lead testing
contaminants. Funds could be used to replace public and
program providing grants to states or local educational
private drinking water infrastructure. This section would
agencies to test for lead in drinking water at school and
also provide $70 million in mandatory funding to EPA
childcare centers. This section would authorize annual
to make secured loans under WIFIA for eligible states
appropriations of $20 million for FY2017-FY2021.
and projects noted above and for any WIFIA-eligible
(Current SDWA school lead-testing provisions [42
entity for as much as 80% of project costs. SRF funds
U.S.C. §300j-24(d)] were ruled unconstitutional in 1996
could cover remaining costs. Related bills: H.R. 4479, S.
on the grounds that they interfered with states’ rights by
2579, H.R. 4438, S. 2821.
requiring states to enact a federal regulatory program.)
Section 7402 would allow states with a state or federal
Related bills: H.R. 5833, H.R. 5886, H.R. 6061, H.R.
emergency declared regarding lead in a water system to
6143, H.R. 5070/S. 2830, S. 2821, H.R. 5313.
use more than 20% of its DWSRF capitalization grant
Water Supply Cost Savings: Small Systems
for loan forgiveness to help affected systems. Related
bills: H.R. 4479, S. 2579.
Section 7113 would direct the U.S. Department of
Agriculture and EPA to establish a drinking water
Section 7403 would provide $20 million in mandatory
technology clearinghouse to provide information on
funding to the Department of Health and Human
cost-effective, alternative drinking water delivery
Services to establish (1) a voluntary lead exposure
systems to water systems serving 500 or fewer persons.
registry for a city exposed to lead contamination in the
water system, and (2) an advisory committee on lead
WIFIA
programs and research. Another $30 million would fund
federal lead-poisoning prevention and other childhood
Section 7302 would amend the Water Infrastructure
health programs. Section 7405 would direct the EPA
Financing Innovation Act (WIFIA, P.L. 113-121) to
inspector general and the Government Accountability
authorize EPA to provide assistance for drought
Office to report on federal and state responses in Flint.
mitigation projects (including projects that enhance the
Related bills: H.R. 4479, S. 2579, S. 2821.
resiliency of drought stricken watersheds) and
alternative water supply projects that reduce aquifer
Mary Tiemann, Specialist in Environmental Policy
depletion. It would also expand project eligibility
criteria to include certain water resource projects (e.g.,
IF10474
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WRDA 2016: Infrastructure, Lead, and Other Safe Drinking Water Act Provisions in H.R. 5303 and S. 2848
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