The 117th Congress

Abstract

From infrastructure to assistance for low-income customers to regulation mandates, the 117th session of the US Congress is shaping up to be busy for the drinking water community. A key driver has been the COVID-19 pandemic and the economic havoc it has caused. Investment in infrastructure is a traditional government strategy during economic slumps, and investment in water infrastructure has the added benefit of protecting public health and the environment. Hence, the American Rescue Plan Act (ARPA) of 2021, enacted last spring, provided US$10 billion to invest in water, broadband, and health sector infrastructure. The challenge for our sector was the broad strokes Congress used to paint this legislation and the fact that the water infrastructure provision channeled funds through city governments and failed to account for the regional nature of many water systems. This use of infrastructure investment to kick-start economic growth appeared again this fall as Congress considered two pieces of legislation in tandem: the Bipartisan Infrastructure Framework (BIF), or H.R. 3684, and the ambitious Build Back Better Act, or H.R. 5376. The BIF would reauthorize the drinking water and wastewater state revolving loan fund programs, reauthorize the Water Infrastructure Finance and Innovation Act program, and provide $15 billion for lead service line replacement. It also would extend the “buy American” requirements for manufactured products to projects receiving federal support. The Build Back Better Act would provide an additional $9 billion to address lead in drinking water, either by replacing lead service lines in economically distressed areas or by replacing lead pipes and fountains at schools and day care centers. AWWA has developed a very conservative estimate that it will cost at least $60 billion to replace all of the service lines that will likely require replacement under the upcoming revised Lead and Copper Rule. That means the money in this year's legislation would be a nice down payment on that effort, but not a cure-all. The economic stress the country felt this year also gave new life to efforts to create an assistance program for customers having difficulty paying their water bills. An omnibus federal funding bill passed last December provided $638 million to help low-income customers pay their water bills. ARPA provided another $500 million. The BIF would mandate a study of the needs of low-income water customers and create a pilot grant program involving up to 40 water systems. The Build Back Better Act would provide $250 million for low-income customers. If these two bills pass, we will be studying how customer assistance programs work while at the same time rolling out more money for the programs. That's a reflection of how some members of Congress aren't sure how such programs should be structured, while others are adamant that low-income customers need help now. AWWA and its partner water organizations typically are not involved in defense legislation. However, there have been recent attempts to force regulation of per- and polyfluoroalkyl substances (PFAS) in drinking water via the annual legislation authorizing programs at the US Department of Defense. Each year, these bills are called the National Defense Authorization Act (NDAA). A bonus for the water community last year was NDAA's requirement for better reporting of PFAS discharges by industry. In this year's NDAA deliberations, the House version of that legislation would require drinking water regulations for two PFAS compounds, which may be irrelevant since the US Environmental Protection Agency is well on track to do that anyway. The Senate version would not have that requirement, but would do something beneficial for drinking water providers: require US defense facilities to notify nearby water systems when PFAS are detected on or near their sites. A House–Senate conference committee will iron out a single NDAA and AWWA will be communicating its members’ concerns to conferees. Another topic to watch in the NDAA deliberations is cybersecurity. Requirements to report certain cyberattacks at critical infrastructure facilities—and that obviously includes drinking water systems—are in the House version and may end up in the Senate bill. AWWA and other organizations are communicating with Congress on such a program should be structured. As we approach 2022, expect deliberations on infrastructure, customer assistance, cybersecurity, and the pace of regulatory development to continue. Then add to that upcoming deliberations for the next version of the five-year Farm Bill. In the last Farm Bill, AWWA was successful in getting agricultural conservation programs to do a better job of protecting sources of drinking water. We will want to keep that momentum going and possibly make some administrative tweaks. The 117th Congress will be one to remember. Tommy Holmes is director of legislative affairs at the AWWA Government Affairs Office in Washington, D.C. He can be reached at [email protected].