S. 2848, Water Resources Development Act
Noteworthy
Background: Senators Inhofe and Boxer filed substitute amendment 4979 to S. 2848, the Water Resources Development Act of 2016. The amendment builds on S. 2848, which the Environment and Public Works Committee reported on June 20, 2016. The committee passed S. 2848, as amended, by a vote of 19 to 1 on April 28, 2016. Senators Inhofe and Boxer introduced S. 2848 on April 25, 2016.
Floor Situation: This afternoon, the Senate adopted the motion to proceed to S. 2848 by voice vote.
Executive Summary: Substitute amendment 4979 to S. 2848 includes provisions to meet America’s needs for navigation, flood control, ecosystem restoration, drinking water, and clean water infrastructure, while also expanding drinking water supplies through innovative technologies and drought preparedness. It addresses local government concerns about the affordability of Clean Water Act mandates by allowing them to extend compliance schedules and prioritize based on risk. It gives EPA the authority to authorize state coal ash permitting programs, and to protect utilities and persons who beneficially use coal ash and who comply with an authorized state program from citizen suits.
Overview of the Issue
The Water Resources Development Act of 2016 improves water infrastructure and protects water resources in the United States. It authorizes port and waterway improvement projects that will increase America’s global competitive advantage. It supports flood control projects that will protect millions of people and billions of dollars in infrastructure. It includes relief for communities with drinking water emergencies and nationwide support for clean water and safe drinking water infrastructure.
The legislation addresses both the civil works program of the Army Corps of Engineers and the Safe Drinking Water Act and Clean Water Act programs implemented by the Environmental Protection Agency. It also addresses dam safety, certain innovative technology and regional restoration programs, and coal ash.
The secretary of the Army, acting through the Army Corps of Engineers, implements the Corps’ civil works program, which is the nation’s largest water resources program. The Corps’ civil works responsibilities include navigation, flood control, shoreline protection, hydropower, dam safety, water supply, recreation, environmental restoration and protection, and disaster response recovery.
The Clean Water Act establishes a framework for protecting water quality based on a comprehensive state-federal program to control the discharges of pollutants into waterways and to provide federal financial assistance to improve water quality and compliance with the Act. The Safe Drinking Water Act authorizes EPA to establish maximum contaminant levels for drinking water to protect public health. The Clean Water Act and the Safe Drinking Water provide for a clean water state revolving loan fund and a drinking water state revolving loan fund, respectively, to support low-interest loans to community water systems for water infrastructure projects.
Around the United States, there are 14,726 high hazard potential dams. Most are more than 50 years old and many are in need of repair.
On October 2015, a new EPA rule setting requirements for coal ash disposal units went into effect. Because coal ash is not a hazardous waste, EPA cannot approve state coal ash programs and cannot enforce the federal requirements. As a result, the new rule can be enforced only through citizen suits, which may lead to different interpretations of the rule by different courts around the country.
Considerations on the Bill
The Army Corps of Engineers operates or maintains 13,000 miles of commercial deep draft ship channels and 12,000 miles of commercial inland waterways, which serve 41 states and transport much of the cargo moved by waterways. Approximately $1.4 trillion worth of goods move each year through our nation’s ports. $200 billion in federal, state, and local tax revenue is generated by our nation’s ports every year. The Panama Canal expansion is complete and, by 2030, post-Panamax vessels will account for 62 percent of the global container fleet. Over the next 30 years, imports are expected to increase by four times and exports by seven. America’s infrastructure must be ready for this expected growth in order to remain globally competitive.
The Clean Water Act regulates, among other things, our nation’s wastewater infrastructure, including 16,000 publicly owned wastewater treatment plants, 100,000 major pumping stations, 600,000 miles of sanitary sewers, and 200,000 miles of storm sewers. The Safe Drinking Water Act regulates maximum contaminant levels for drinking water to protect the public health. At an April 7, 2016 hearing, the Environment and Public Works Committee heard testimony that our nation’s ability to provide clean water and safe drinking water is being challenged as our existing national wastewater infrastructure is aging, deteriorating, and in need of repair, replacement, and upgrading.
Flint, Michigan, began pumping water from the Flint River as its drinking water source in April 2014. Flint River water is very corrosive, with the result that lead can leach into drinking water from lead-containing service lines and household pipes, according to one study. There are an estimated 15,000 lines with lead in Flint that connect the municipal water system to homes. In the U.S., there are between 7 million and 11 million lead service lines and possibly more than 50,000 miles of pipe. This legislation responds to the drinking water concerns in Flint and other communities across the country by providing emergency assistance. It fully offsets this emergency assistance by prohibiting the secretary of energy from obligating new loan commitments under the Advanced Technology Vehicles Manufacturing loan program.
Notable Bill Provisions
Title I – Program Reforms
Section 101 –Advance funds for water resources development studies and projects
The Corps is currently authorized to accept advance funds from state and local governments to carry out authorized flood-control projects. The bill expands this authority to authorize acceptance of advance funds from territories and Indian tribes and to carry out authorized water resources development studies and projects.
Section 1003 – Authority to accept and use materials and services
The Corps is currently authorized to accept and use materials and services from a non-federal interest to repair, restore, or replace a water resources development project that has been damaged or destroyed in an emergency. Expands this authority to authorize acceptance and use of materials and services from a non-federal interest when there is a risk of adverse impacts to the functioning of a project.
Section 1004 – Partnerships with non-federal entities to protect the federal investment
Authorizes the Corps to partner with a non-federal interest for the maintenance of a water resources project to ensure that the project will continue to function. Authorizes the Corps to accept and use funds, materials, and services from the non-federal interest. Prohibits the non-federal interest from being eligible for a credit, reimbursement, or repayment for the value of the funds, materials, or services.
Section 1005 – Non-federal study and construction of projects
Authorizes the Corps to accept and expend funds from a non-federal interest to undertake reviews, inspections, monitoring, and other federal activities related to a non-federal interest carrying out the study, design, or construction of water resources development projects, specifically with regard to feasibility studies, environmental reviews, and other federal requirements. Also authorizes the Corps to include the value of the funds for purposes of determining a credit or reimbursement for the non-federal interest relating to the cost of the study, design, or construction.
Section 1007 – Challenge cost-sharing program for management of recreation facilities
Authorizes the Corps to allow a non-federal interest that has entered into a cooperative agreement with the Corps to operate and manage recreation facilities and natural resources at civil works projects to collect user fees to operate, maintain, and manage those sites.
Section 1008 – Structures and facilities constructed by the secretary
Non-federal interests seeking to alter, use, or cross a federal water resources project must obtain permission from the secretary, known as a section 408 permit. This section streamlines that approval. If a review under the National Environmental Policy Act is required and the Corps is not the lead agency for the review, it must, to the maximum extent practicable, conduct a concurrent review, as a cooperating agency, using the same environmental documents. If the Corps is conducting the review, it must streamline its own process by avoiding duplication of reviews. Authorizes the Corps to accept contributed funds to carry out a review.
Section 1010 – Contributed funds
Amends the authority of the secretary to accept funds from non-federal interests by removing the requirement that there first be appropriated funds before accepting funds and by allowing acceptance of funds to update reservoir operational manuals, except for the Upper Missouri River, the Apalachicola-Chattahoochee-Flint and Alabama-Coosa-Tallapossa Rivers, and the Stones River.
Section 1012 – Leveraging federal infrastructure for increased water supply
Authorizes the secretary to review proposals to increase water supplies by increasing storage capacity, modifying project management, or accessing water that has been released, with full public consultation. Proposals may not reallocate water, reduce water available for any authorized purpose, adversely impact water rights, or increase costs paid by others. The non-federal interest can contribute funds to the Corps to facilitate
the review of a proposal. Proposals can only be approved under existing Corps authorities, and no new authority is created. If a proposal is approved, the cost of implementation is borne by the non-federal interest. Future operation and maintenance paid the non-federal interest is only the separable cost attributable to the alteration. The provision does not apply to the Upper Missouri River reservoirs or reservoirs in the Apalachicola-Chattahoochee river system and the Alabama-Coosa-Tallapoosa river system or the Stones River.
Section 1015 – Completion of ecosystem restoration projects
Provides that the responsibility of a non-federal interest for the operation, maintenance, repair, replacement, and rehabilitation of an ecosystem restoration project shall cease 10 years after the Corps determines that the criteria for ecosystem restoration success is met.
Section 1018 – Fish and wildlife mitigation
Requires voluntary programmatic mitigation plans be developed to address the potential impacts to ecological resources, fish, and wildlife associated with federal water resources development projects, including measures to protect or restore habitat connectivity.
Section 1021 – Funding to process permits
The Corps is currently authorized to accept and expend funds from a non-federal public entity, a public utility company, or a natural gas company to expedite the evaluation of a permit related to a project or activity for a public purpose under the Corps’ jurisdiction. Expands this authority to authorize acceptance and expenditure of funds from a rail carrier.
Section 1025 – Debris Removal
The Corps is currently authorized to allot up to $1 million from any one fiscal year of appropriations for the improvement of rivers and harbors, for removing accumulated snags and other debris, and for protecting, clearing, and straightening channels in navigable harbors and navigable streams and tributaries thereof, when in the opinion of the Corps such work is advisable in the interest of navigation or flood control. Increases the authorized amount to $5 million. Includes removal of obstructions as an authorized purpose and includes recreation as an authorized interest.
Section 1034 – Hurricane and storm damage reduction
The Corps is currently authorized to expend up to $5 million to pay for the federal share of the costs of any one hurricane and storm damage reduction project, including construction of small shore and beach restoration and protection projects. Increases the authorized amount to $10 million.
Section 1036 – Feasibility studies and watershed assessments
Requires the first $100,000 of a feasibility study for a water resources project to be a federal expense for the purpose of communicating with non-federal interests to identify the scope of the study, to identify the federal interest, to develop the cost sharing agreement, and to develop the project management plan. Requires the first $100,000 of a watershed or river basin assessment to be a federal expense.
Section 1040 – Tribal partnership program
Amends section 203 of WRDA 2000 to expand the Corps’ authority to carry out studies for Indian tribes and to authorize a tribal continuing authority program to construct cost-shared projects with Indian tribes, with a $10 million cap on federal participation.
Section 1041 – Cost sharing for territories and Indian tribes
Amends section 1156 of WRDA 1986, which waives the first $200,000 in cost share, to include planning assistance and Indian tribes.
Section 1045 – Easements for electric, telephone, or broadband service facilities
Waives easement fees for rural electric co-ops that have electric, telephone, or broadband service lines that are eligible for financing under the Rural Electrification Act of 1936 and cross Corps property.
Title II – Navigation
Section 2002 – Operation and maintenance of fuel-taxed inland waterways
Provides a non-federal interest with reimbursement or credit for the federal share of operation and maintenance of navigation projects on the inland waterways that the non-federal interest carries out.
Section 2004 – Dredged material disposal
The Corps is currently authorized to expend up to $5 million to pay for the federal share of the costs of any one hurricane and storm damage reduction project, including construction of small shore and beach restoration and protection projects. Increases the authorized amount to $10 million.
Section 1036 – Feasibility studies and watershed assessments
Requires the first $100,000 of a feasibility study for a water resources project to be a federal expense for the purpose of communicating with non-federal interests to identify the scope of the study, to identify the federal interest, to develop the cost sharing agreement, and to develop the project management plan. Requires the first $100,000 of a watershed or river basin assessment to be a federal expense.
Section 1040 – Tribal partnership program
Amends section 203 of WRDA 2000 to expand the Corps’ authority to carry out studies for Indian tribes and to authorize a tribal continuing authority program to construct cost-shared projects with Indian tribes, with a $10 million cap on federal participation.
Section 1041 – Cost sharing for territories and Indian tribes
Amends section 1156 of WRDA 1986, which waives the first $200,000 in cost share, to include planning assistance and Indian tribes.
Section 1045 – Easements for electric, telephone, or broadband service facilities
Waives easement fees for rural electric co-ops that have electric, telephone, or broadband service lines that are eligible for financing under the Rural Electrification Act of 1936 and cross Corps property.
Title III – Safety Improvements
Section 3001– Rehabilitation assistance for non-federal flood control projects
Authorizes the Corps to increase the level of protection of a flood control project above the level to which the system was designed if the non-federal interest agrees to pay the additional costs and if the chief of engineers determines that the improvements are in the public interest, including consideration of whether the levee has been rebuilt multiple times, whether there is an opportunity to decrease significantly the risk of loss of life and property damage, and whether there is an opportunity to decrease total lifecycle rehabilitation costs for the project.
Section 3002– Rehabilitation of existing levees
Authorizes appropriations of $125 million for the Corps to carry out measures that address consolidation, settlement, subsidence, sea level rise, and new data to restore federally authorized hurricane and storm damage reduction projects.
Section 3003– Rehabilitation of high hazard potential dams
Requires the Federal Emergency Management Agency to establish a program to provide technical, planning, design, and construction assistance in the form of grants to non-federal interests for rehabilitation of eligible high hazard potential dams. Defines “eligible high hazard potential dam” as a non-federal dam that is located in a state with a state dam safety program, is classified as high hazard potential by the state, has an emergency action plan approved by the state, fails to meet minimum dam safety standards of the state, and poses an unacceptable risk to the public.
Limits a grant to the lesser of 12.5 percent of the total amount of funds made available to carry out the program or $7.5 million. Imposes a non-federal cost-sharing requirement of not less than 35 percent. Prohibits use of funds to rehabilitate a federal dam, to perform routine operation or maintenance of a dam, to modify a dam to produce hydroelectric power, to increase water supply storage capacity, or to make any other modification that does not also improve the safety of the dam. Authorizes total appropriations of $445 million from fiscal year 2017 through fiscal year 2026.
Section 3007– Indian dam safety
Requires the secretary of the treasury to establish the High-Hazard Indian Dam Safety Deferred Maintenance Fund. For each of fiscal years 2017 through 2037, requires the
secretary to deposit into the fund $22.75 million of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902. Terminates the fund on September 30, 2037, and transfers the unexpended and unobligated balance to the reclamation fund established by the first section of the Act of June 17, 1902.
Requires the secretary of the treasury to establish the Low-Hazard Indian Dam Safety Deferred Maintenance Fund. For each of fiscal years 2017 through 2037, requires the secretary to deposit into the fund $10 million of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902. Terminates the fund on September 30, 2037, and transfers the unexpended and unobligated balance to the reclamation fund established by the first section of the Act of June 17, 1902.
Requires the secretary of the interior, acting through the assistant secretary for Indian affairs, in consultation with the secretary of the Army, to establish a program to address the deferred maintenance needs of Indian dams that create flood risks or other risks to pubic or employee safety or natural or cultural resources, and unduly impede the management and efficiency of Indian dams. Requires the secretary to transfer to the Bureau of Indian Affairs not less than $22.75 million of amounts in the High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, and not less than $10 million of amounts in the Low-Hazard Indian Dam Safety Deferred Maintenance Fund, plus accrued interest, for each of fiscal years 2017 through 2037 to carry out maintenance, repair, and replacement activities for one or more specified Indian dams. Requires tribal consultation and user input, except in emergencies.
Requires the secretary of the interior to establish within the Bureau of Indian Affairs the Tribal Safety of Dams Committee. Requires the committee to conduct a study of all matters relating to the modernization of the Indian Dams Safety Act of 1994, to develop recommendations for legislation to improve the Act, and to submit a report to Congress. Provides $1 million from either the high-hazard or low-hazard fund during fiscal year 2017 to fund the committee’s activities. Terminates the committee after it submits the report to Congress.
Requires Indian tribes to submit annual inventories of dams located on their land. Requires the secretary of interior to submit annual reports describing the condition of dams under the department’s jurisdiction.
Requires the secretary to establish with the Bureau of Indian Affairs a flood plain management pilot program to provide guidance to Indian tribes relating to best practices for the mitigation and prevention of floods. Provides $250,000 from either the high-hazard or low-hazard fund during each of fiscal years 2017, 2018, and 2019. Terminates the program after four years.
Title IV – River Basins, Watersheds, And Coastal Areas
Section 4005– Ice jam prevention and mitigation
Authorizes the Corps to carry out projects regarding the planning, design, construction, and monitoring of structural and nonstructural technologies and measures for preventing and mitigating flood damages associated with ice jams. Authorizes an additional $30 million over 10 years to carry out pilot projects to demonstrate technologies and designs. Terminates pilot program on December 31, 2026.
Section 4013– Coastal resiliency
The Corps is currently authorized to conduct studies to determine the feasibility of carrying out projects in coastal zones to enhance ocean and coastal ecosystem resiliency. Amends authority to give priority to projects in communities the existence of which is threatened by rising sea level, including projects relating to shoreline restoration, tidal marsh restoration, dunal habitats to protect coastal infrastructure, reduction of future and existing emergency repair costs, and projects that use dredged materials. Requires the Corps to convene an interagency working group on resilience to extreme weather, which will coordinate research, data, and federal investments related to sea level rise, resiliency, and vulnerability to extreme weather.
Section 4017– Consideration of full array of measures for coastal risk reduction
Requires the Corps to consider natural features, nature-based features, nonstructural measures, and structural measures when developing projects for coastal risk reduction.
Section 4018– Waterfront community revitalization and resiliency
Requires the secretary of commerce to designate resilient waterfront communities based on the extent to which a community meets the specified criteria for a resilient waterfront community plan. Requires the secretary to develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities. Authorizes the secretary to use existing authority to support the development of a resilient waterfront community plan and the implementation of strategic components of a resilient waterfront community plan.
Title V – Deauthorizations
Section 5001– Deauthorizations
Provides for deauthorizations regarding projects in Valdez, Alaska; Red River below Denison Dam in Arkansas, Louisiana, and Texas; Sutter Basin, California; Stonington Harbor, Connecticut; Green River and Barren River, Kentucky; Port of Cascade Locks, Oregon; and Salt Creek in Graham, Texas. Declares portions of the Delaware River near Philadelphia to be non-navigable waters of the United States.
Section 5002– Conveyances
Provides for conveyances regarding projects on the Pearl River in Mississippi and Louisiana; Sardis Lake in Mississippi; the Pensacola Dam and Reservoir in Grand River, Oklahoma; and Joe Pool Lake in Texas.
Title VI – Water Resources Infrastructure
Section 6001– Authorization of final feasibility studies
Authorizes final feasibility studies for water resources development and conservation and other purposes regarding (1) navigation projects in Texas, Louisiana, New Hampshire, Maine, Kentucky, Florida, Alaska, and South Carolina; (2) flood risk management projects in Texas, Missouri, Kansas, North Carolina, California, and Tennessee; (3) hurricane and storm damage risk reduction projects in South Carolina, Florida, North Carolina, New Jersey, Louisiana, and California; and (4) flood risk management and environmental restoration projects in Illinois, Wisconsin, California, Florida, Oregon, and Washington.
Section 6002– Authorization of project modifications recommended by the secretary
Authorizes project modifications for water resources development and conservation and other purposes regarding projects in Kansas, Missouri, Florida, Kentucky, Texas, and Arizona.
Section 6003– Authorization of study and modification proposals submitted to Congress
Authorizes studies and modification proposals regarding projects in Alaska, Arkansas, Louisiana, California, Delaware, Florida, Georgia, Iowa, New York, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, and Washington.
Title VII – Safe Drinking Water and Clean Water Infratructure
Section 7101– Preconstruction work
Makes expenditures for planning, design, and associated preconstruction activities, including relating to the siting of the facility, eligible for financial assistance from the state drinking water treatment revolving loan funds under the Safe Drinking Water Act. Affirms that a public water system may use funds as a source of revenue or security for payment of the principal and interest on revenue or general obligation bonds issued by the state to provide matching funds.
Section 7106– Assistance for small and disadvantaged communities
Requires the EPA to establish a program under which grants are provided to eligible entities for use in carrying out projects and activities the primary purposes of which are to assist public water systems in small and disadvantaged communities with meeting the requirements of the Safe Drinking Water Act. Requires non-federal interests to pay not less than 45 percent of the total costs of the project; to provide any land, easements, rights-of-way, and relocations necessary; and to pay 100 percent of any operation, maintenance, repair, replacement, and rehabilitation costs. Authorizes $230 million for fiscal year 2017 and $300 million for each of fiscal years 2018 through 2021, for a total of $1.4 billion over five years. Requires the secretary of the treasury to transfer $20 million to the EPA to provide grants to eligible entities.
Section 7107– Reducing lead in drinking water
Requires the EPA to establish a grant program to provide assistance to eligible entities for lead reduction projects in the United States. Prioritizes grants for disadvantaged communities that propose to: (1) carry out a lead reduction project at a public water system or non-transient non-community water system that has exceeded the lead action level established by the EPA at any time during the preceding three-year period; (2) address lead levels in water for human consumption at a school, daycare, or other facility that primarily serves children or other vulnerable people; or (3) address such priority criteria as the EPA may establish, consistent with the goal of reducing lead levels of concern. Authorizes an eligible entity to use a grant to provide assistance to low-income homeowners to carry out lead reduction projects. Requires non-federal interests pay not less than 20 percent of the total costs of the project. Authorizes appropriations of $60 million for each of fiscal years 2017 through 2021, for a total of $300 million over five years. Requires the secretary of the treasury to transfer $20 million to the EPA to provide grants to eligible entities.
Section 7109– Notice to persons served
Requires each owner or operator of a public water system to give notice of any exceedance of a lead action level. If the public water system or the state does not notify the public of the exceedance of a lead action level within 15 days, requires the EPA to notify the public. Requires the EPA, in collaboration with states and owners and operators of public water systems, to establish a strategic plan for how the EPA, a state with primary enforcement responsibility, and the owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to people affected by lead in a public water system.
Section 7111– Lead testing in school and child care drinking water
Requires the EPA to establish a voluntary school and child care lead testing grant program to make grants available to states to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of local educational agencies. Authorizes appropriations of $20 million for each of fiscal years 2017 through 2021, for a total of $100 million over five years.
Section 7112– WaterSense program
Requires the EPA to establish a voluntary WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services that through voluntary labeling or other forms of communications: (1) reduces water use; (2) reduces the strain on public and community water systems and wastewater and stormwater infrastructure; (3) conserves energy used to pump, heat, transport, and treat water; and (4) preserves water resources for future generations. Requires the EPA, coordinating with the secretary of energy, to establish a WaterSense label to be used for items meeting certification criteria.
Section 7117– Requirement for the use of American materials
Requires the use of American iron and steel products in projects receiving funds from the state drinking water treatment revolving loan funds under the Safe Drinking Water Act. Provides an exception when: it would be inconsistent with the public interest; iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or inclusion of iron and steel products produced in the United States will increase the cost of the overall product by more than 25 percent.
Section 7201– Sewer overflow control grants
Reauthorizes the EPA to make grants to states for the purpose of providing grants to a municipality for planning, designing, and constructing treatment works to control combined sewer overflows, sanitary sewer overflows, stormwater, and subsurface drainage water. Authorizes appropriations of $250 million for fiscal year 2017, $300 million for fiscal year 2018, $350 million for fiscal year 2019, $400 million for fiscal year 2020, and $500 million for fiscal year 2021, for a total of $1.8 billion over five years.
Section 7203– Integrated plans
Requires the EPA administrator to inform municipalities of the opportunity to prepare an integrated plan. Authorizes permits to incorporate integrated plans, which may combine requirements related to a combined sewer overflow; a capacity, management, operation, and maintenance program for sanitary sewer collection systems; a municipal stormwater discharge; a municipal wastewater discharge; and a water quality-based effluent limitation to implement an applicable wasteload allocation in a total maximum daily load.
Authorizes compliance schedules in permits incorporating an integrated plan for any water quality standard, if authorized by a state in its water quality standards regulations. Authorizes effluent limitations to be met through the use of green infrastructure.
Establishes an Office of Municipal Ombudsman.
Directs EPA to notify communities of the opportunity to prepare integrated plans in the context of consent decrees or administrative orders. Establishes an integrated plan as a basis for a request to modify an administrative order or consent decree.
Section 7205– Financial capability guidance
Defines affordability and financial capability. Prohibits the use of median household income as the sole indicator of affordability for a residential household.
Requires EPA to update its 1997 Financial Capability guidance and 2014 Financial Capability Assessment Framework within one year of the completion of a National Academy of Public Administration study to establish a definition and framework for community affordability required by Senate Report 114–70.
Section 7303– Water Infrastructure Investment Trust Fund
Establishes the Water Infrastructure Investment Trust Fund to provide the EPA with funds to make capitalization grants to state water pollution control funds and state drinking water treatment revolving loan funds. Requires the EPA, in consultation with the Food and Drug Administration, to develop and implement a voluntary labeling program that informs consumers that the manufacturer, producer, or importer of a product participates in the Water Infrastructure Investment Trust Fund. Requires the EPA to provide a label for a fee of 3 cents per unit. Directs revenues from the labeling fee to fund the Water Infrastructure Investment Trust Fund. Requires EPA to conduct a study on water pricing.
Section 7304– Innovative water technology grant program
Requires the EPA to carry out a grant program to accelerate the development of innovative water technologies that address pressing water challenges. Limits federal share of cost to no more than 65 percent. Limits the maximum amount of a grant to no more than $5 million. Authorizes appropriations of $50 million for each fiscal year. Requires the secretary of the treasury to transfer $10 million.
Section 7401– Drinking water infrastructure
Makes a state in which the president has declared an emergency relating to the public health threats associated with the presence of lead or other contaminants in a public drinking water supply system eligible for drinking water disaster relief and infrastructure investments.
Authorizes an eligible state to provide assistance from the state drinking water treatment revolving loan fund to a public drinking water supply system that is the subject of an emergency declaration for the purpose of addressing the drinking water contamination, including repair and replacement of public and private drinking water infrastructure. Requires the secretary of the treasury to make available to the EPA a total of $100 million to provide additional grants to eligible states through state drinking water treatment revolving loan funds.
Authorizes the EPA to make secured loans under the Water Infrastructure Finance and Innovation Act of 2014 to an eligible state or an eligible entity to address lead or other contaminants in drinking water in an eligible system, including repair and replacement of public and private drinking water infrastructure. Requires the secretary of the treasury to make available to the EPA a total of $70 million to provide credit subsidies for secured loans under WIFIA with a goal of providing secured loans totaling at least $700 million.
At the request of a state or local official of an eligible state, requires the National Center for Environmental Health to conduct voluntary surveillance activities to evaluate any adverse health effects on individuals exposed to lead from drinking water in affected communities, and to provide consultations regarding health issues.
Section 7402– Loan forgiveness
Lifts the 20 percent cap on the availability of additional fiscal year 2016 funds from state drinking water treatment revolving loan funds in states where a federal or state emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply.
Section 7403– Registry for lead exposure
Requires the secretary of health and human services to establish a lead exposure registry to collect data on the lead exposure of resident of a city exposed to lead contamination in the local drinking water system on a voluntary basis. Requires the secretary of the treasury to transfer $17.5 million to HHS to carry out the lead exposure registry.
Requires the secretary to establish an advisory committee tasked with: (1) reviewing federal programs and services available to individuals and communities exposed to lead; (2) identifying additional research needs on lead poisoning; (3) identifying best practices regarding lead screening and the prevention of lead poisoning; (4) and identifying effective healthcare, education, nutrition, and other services for individuals and communities affected by lead exposure and lead poisoning. Requires the committee to submit an annual report to Congress for five years. Requires the secretary of the treasury to transfer to HHS $2.5 million to carry out the advisory committee.
Section 7404– Additional funding for certain childhood health programs
Requires the secretary of the treasury to transfer: (1) $10 million to the Centers for Disease Control and Prevention for the childhood lead poisoning prevention program; (2) $10 million to the Department of Housing and Urban Development to carry out the Healthy Homes Initiative; and (3) $10 million to the Health Resources and Services Administration to carry out the Healthy Start Initiative.
Section 7405– Review and report
Requires the attorney general and the inspector general of the EPA to submit a report to Congress on the status of any ongoing investigations into the federal and state response to the contamination of the drinking water supply of Flint, Michigan.
Requires the Government Accountability Office to submit a report and recommendations to Congress based on a review of the completed investigations relating to the adequacy of the response to the drinking water crisis in Flint by the state of Michigan, the city of Flint, and Region 5 of the EPA.
Section 7611– Great Lakes restoration initiative
Establishes the Great Lakes restoration initiative to carry out programs and projects for Great Lakes protection and restoration. Authorizes appropriations of $300 million for each of fiscal years 2017 through 2021, for a total of $1.5 billion over five years.
Sections 7621 through 7628– Lake Tahoe restoration
Reauthorizes the Lake Tahoe Restoration Act. Authorizes appropriations of $415 million over 10 years.
Sections 7631 through 7632– Long Island Sound restoration
Reauthorizes the Long Island Sound restoration program. Authorizes appropriations of $65 million for each of fiscal years 2017 through 2021, for a total of $325 million over five years.
Sections 7641 through 7646– Delaware River Basin conservation
Establishes the Delaware River Basin restoration program. Authorizes appropriations of $5 million for each of fiscal years 2017 through 2022, for a total of $30 million over six years.
Sections 7701– Offset
Prohibits the secretary of energy from obligating new loan commitments under the Advanced Technology Vehicles Manufacturing loan program on or after October 1, 2020.
Title VIII – Miscellaneous Provisions
Section 8001– Approval of state programs for control of coal combustion residuals
Requires the EPA to approve a permit program under state law for regulation by the state of coal combustion residual units that are located in the state in lieu of a federal program if the EPA determines that the program requires the CCR units to achieve compliance with: (1) applicable criteria for the CCR units under federal regulation; or (2) with such other state criteria that the EPA determines to be at least as protective as the applicable criteria for the CCR units under federal regulation.
Authorizes the EPA to approve a state permit program that allows a state to include technical standards for individual permits or conditions of approval that differ from the technical standards under federal regulation if, based on site-specific conditions, the technical standards established pursuant to an approved state program are at least as protective as the technical standards under federal regulation.
Authorizes the EPA to commence an administrative or judicial enforcement action in the case of a CCR unit located in a state that is approved to operate a permit program. Requires the EPA to review approved programs not less frequently than once every five years or on request of any state. Authorizes the EPA to implement a permit program to require each CCR unit located in a nonparticipating state to achieve compliance with applicable criteria established by the EPA under federal regulation.
Administration Position
The administration has not taken a position on this bill at this time.
Cost
The Congressional Budget Office has not issued a formal cost report at this time.
Amendments
The amendment situation is unclear at this time.
