Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions
Updated January 5, 2017
Water Infrastructure Improvements for the Nation (WIIN) Act,
P.L. 114-322: Drinking Water Provisions
The Water Infrastructure Improvements for the Nation Act
projects unless all iron and steel products to be used in the
(WIIN Act; P.L. 114-322) was enacted on December 16,
project are produced in the United States. Certain waivers
2016. Title II of this wide-ranging water resources law is
of the requirement are specified.
the Water and Waste Act of 2016. Title II, Subtitle A,
makes numerous revisions to the Safe Drinking Water Act
New SDWA Grant Programs
(SDWA; 42 U.S.C. §§300f-300j-26), administered by the
WIIN authorizes grant programs for (1) SDWA compliance
U.S. Environmental Protection Agency (EPA). Subtitle B
assistance to small or disadvantaged public water systems;
authorizes infrastructure and other emergency assistance to
(2) lead reduction projects, including lead service line
help an eligible water system address lead in the system.
replacement; and (3) a voluntary program for testing for
lead in drinking water at schools and child care programs.
P.L. 114-322, Title II, broadly parallels many SDWA and
emergency assistance provisions in S. 2848, the Senate
First, Section 2104 directs EPA to establish a grant program
2016 Water Resources Development Act (WRDA) bill. The
to assist disadvantaged communities and small communities
House WRDA bill, H.R. 5303, did not include similar
that are unable to finance projects needed to comply with
provisions. It would have authorized appropriations for the
SDWA. Eligible projects include investments needed for
Army Corps of Engineers to provide assistance for water
SDWA compliance, household water quality testing, and
infrastructure repair and replacement to any identified
assistance that primarily benefits a community on a per-
community in a state subject to a presidential emergency
household basis. EPA must give funding priority to projects
declaration concerning lead or other contaminants in the
and activities that benefit underserved communities (i.e.,
water system. (See CRS In Focus IF10474, WRDA 2016:
communities that lack household water or wastewater
Infrastructure, Lead, and Other Safe Drinking Water Act
services or that violate or exceed a SDWA requirement).
Provisions in H.R. 5303 and S. 2848, by Mary Tiemann.)
EPA may make grants to public water systems, tribal water
systems, and states on behalf of an underserved community.
The WIIN Act also authorizes Corps water resource
EPA may waive all or some of the 45% non-federal share
activities, as is traditional for WRDA legislation, and
of project costs. Section 2104 authorizes to be appropriated
addresses Indian water rights and the California drought.
$60 million per year for FY2017-FY2021.
(For an overview of the WIIN Act, see CRS In Focus
IF10536, Water Infrastructure Improvements for the Nation
Second, Section 2105 directs EPA to establish a grant
Act (WIIN), by Nicole T. Carter et al.) The following
program for projects and activities that reduce lead in
discussion addresses SDWA amendments and other
drinking water, including replacement of lead service lines
drinking water provisions in P.L. 114-322.
and corrosion control. Grants may be used to provide
assistance to low-income homeowners to replace their
WIIN Amendments to SDWA
portion of a lead service line. Eligible recipients include
community water systems, tribal systems, schools, states,
DWSRF Program
and municipalities. EPA must give funding priority to
P.L. 114-322, Title II, Subtitle A, revises the Drinking
disadvantaged communities for projects that address lead
Water State Revolving Fund (DWSRF) program—the key
action level exceedances, lead in water at schools and day
federal drinking water infrastructure assistance program.
care facilities, or other EPA priorities. EPA may waive the
(For an overview of this program, see CRS Report R45304,
20% non-federal cost share requirement. Section 2105
Drinking Water State Revolving Fund (DWSRF): Overview,
authorizes to be appropriated $60 million per year for
Issues, and Legislation, by Mary Tiemann.) WIIN Section
FY2017-FY2021.
2102 expressly states that DWSRF funds may be used for
planning, design, and related preconstruction work. States
Section 2111 amends the SDWA definition of Indian Tribe
may also use funds as security on state bonds issued to
to specify that Alaska Native Villages are eligible to receive
provide the required 20% match to the federal capitalization
grants under these two new grant programs.
grant. Section 2103 generally increases the amount of
DWSRF funds states may use to administer their funds.
Third, Section 2107 requires EPA to establish a voluntary
Further, Section 2101 expresses the “sense of Congress”
program for testing for lead in drinking water at schools and
that robust funding should be provided for state DWSRF
child care programs under the jurisdiction of local
grants.
education agencies (LEAs). States or LEAs may apply to
EPA for grants. Appropriations for this grant program are
Under Section 2113, funds made available from a state
authorized at $20 million per year for FY2017-FY2021.
DWSRF during FY2017 may not be used for water system
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Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions
Public Notification
Section 2112 further authorizes EPA to use DWSRF funds
Section 2106 adds public notification requirements to the
allotted for tribes and Alaska Native Villages to make
SDWA for water system exceedances of the lead action
grants to intertribal consortia and tribal organizations.
level under EPA’s Lead and Copper Rule (or subsequent
These entities may use grant funds to provide operator
promulgated lead level). Notification requirements had
certification and training services to Indian tribes to
previously applied to violations of standards and other
promote public water system compliance with SDWA.
applicable requirements but not to exceedances. Water
systems must now notify the public, the state, and EPA of
Lead and Drinking Water Emergencies
system lead action level exceedances as prescribed by EPA.
P.L. 114-322, Title II, Subtitle B, authorizes $150 million to
Further, for an exceedance that has potential to cause
be appropriated for disaster relief and infrastructure
serious adverse health effects from short-term exposure, a
assistance in response to lead contamination in a public
water system must notify the public, the state, and EPA
water system. (These funds were provided in P.L. 114-254,
within 24 hours. If the state or system owner/operator does
Continuing and Security Assistance Appropriations Act of
not provide the required notice, EPA must now notify the
2017.)
public within 24 hours after the Administrator is notified.
Section 2201 authorizes to be appropriated $100 million for
Section 2106 also addresses lead action level exceedances
DWSRF grants to states subject to a presidential emergency
at households. EPA is required to develop a strategic plan
declaration concerning lead in a public water system. An
for providing targeted outreach, education, and technical
eligible state may use funds to provide assistance to a water
assistance to populations affected by lead in the water
system that is the subject of the declaration to address lead
system. Also, if EPA develops or receives data indicating
or other drinking water contaminants—including repair and
that a household’s water exceeds the lead action level, EPA
replacement of lead service lines (up to a building inlet) and
is required to forward the data and testing information to
public water system infrastructure. After a specified time,
the water system and the state. The water system is required
unobligated funds shall be available to other states.
to provide the data and other specified information to the
affected households. Within 24 hours of learning that a
Under Section 2201(e), the Agency for Toxic Substances
water system has failed to do so, EPA is required to consult
and Disease Registry is authorized to conduct voluntary
with the governor and, using the strategic plan, provide the
surveillance activities to evaluate any health effects from
information to the households no later than 24 hours after
lead exposure in affected communities. Such consultations
the end of the consultation period. This section also directs
are mandatory if requested by a health official in an eligible
EPA to make information regarding lead in drinking water
state.
broadly available to the public.
Section 2203 authorizes to be appropriated $20 million for
Water Supply Cost Savings
the Department of Health and Human Services (HHS) to
Section 2108 requires EPA, with U.S. Department of
establish (1) a voluntary lead-exposure registry for a city
Agriculture consultation, to establish a drinking water
exposed to lead in the water system, and (2) an advisory
technology clearinghouse for information on cost-effective,
committee on lead programs and research. Another $30
alternative drinking water delivery systems. In loan or grant
million in funding is authorized to fund HHS childhood
applications, systems serving 500 or fewer persons must
lead poisoning prevention and childhood health programs.
self-certify that they have considered such alternatives.
Section 2202 includes a sense of Congress supporting an
Innovative Water Technology
initial appropriation of $20 million under the Water
WIIN Section 2109 authorizes EPA to conduct research on
Infrastructure Finance and Innovation Act of 2014 (WIFIA,
innovative water technologies (including those that ensure
P.L. 113-121) to be used for eligible projects including
compliance and those that identify and mitigate sources of
those that address lead in drinking water. (P.L. 114-254
lead and other drinking water contamination). Section 2109
provided $20 million but did not target lead projects.)
also authorizes EPA to provide technical assistance to
public water systems to promote use of innovative water
WIFIA Amendments
technologies and authorizes the appropriation of $10
Section 5008 amends WIFIA to authorize EPA to provide
million annually for FY2017-FY2021 for this purpose.
assistance for drought mitigation projects (including
Within one year of enactment, and then every five years,
projects that enhance the resiliency of drought stricken
EPA must report to Congress on the amount of funding
watersheds) and alternative water supply projects that
used for technical assistance to deploy innovative
reduce aquifer depletion. These amendments also allow
technologies, barriers to greater use of such technologies,
prior costs incurred and in-kind contributions to be credited
and cost-saving potential to communities from use of
to non-federal costs and financing fees to be included in the
innovative technologies.
loan. Section 5008 includes a sense of Congress that WIFIA
appropriations should be in addition to robust funding for
Technical Assistance
the DWSRF and Clean Water State Revolving Fund
Section 2110 reauthorizes EPA’s authority to reserve up to
programs.
2% of the DWSRF appropriation to provide small system
technical assistance. This set-aside is reauthorized for
Mary Tiemann, Specialist in Environmental Policy
FY2016-FY2021.
IF10577
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Water Infrastructure Improvements for the Nation (WIIN) Act, P.L. 114-322: Drinking Water Provisions
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