The Drinking Water and Wastewater Infrastructure Act of 2021 was introduced in the Senate on March 23, 2021 by Senator Tammy Duckworth [D-IL] on behalf of herself and Senators Shelley Moore Capito [R-WV], Benjamin L. Cardin [D-MD], Cynthia M. Lummis [R-WY], Thomas R. Carper [D-DE], Kevin Cramer [R-ND], Sheldon Whitehouse [D-RI], James M. Inhofe [R-OK], Debbie Stabenow [D-MI], Dan Sullivan [R-AK], Mark Kelly [D-AZ], Alex Padilla [D-CA]. The Bill was read twice and referred to the Committee on Environment and Public Works. The Bill passed the Senate on April 29, 2021 with bipartisan support in an 89-2 vote. The Bill will now move to the House.
THE BILL: S.914 “Access to clean water is a human right...every American deserves access to clean water no matter the color of their skin or size of their income” -- Senator Tammy Duckworth What does the Bill do? The primary purpose of this Bill is to strengthen water infrastructure in the US by authorizing water resource development projects that upgrade aging infrastructure, address the threat of climate change, invest in new technologies and provide assistance to marginalized communities. The Bill is split into two sections - Drinking Water and Clean Water which are summarized below. Drinking Water The Drinking Water portion of this Bill would provide technical assistance and grants for emergencies affecting public water systems, and amend the Safe Drinking Water Act of 1974 such that it would provide extra assistance for small and disadvantaged communities. The Bill would help to improve public water systems, both small and large. Small public water systems (<10,000 people) would be improved by establishing a program to award grants for identifying and preventing drinking water loss due to infrastructure failures such as leaks and breaks. Small public water systems can use these funds to develop an inventory of their existing assets such as water sources, wells, hydrants, distribution lines, etc., and an asset map using geographic information systems or GPS software. For small- or medium-sized (10,000-100,000 people) public water systems, an Advanced Drinking Water Technology grant program would be created that are interested in or have plans to employ new technologies to enhance drinking water treatment, monitoring, affordability, or safety. This includes $10,000,000 for each year 2022-2026. For midsize and large (>100,000 people) drinking water systems, an Infrastructure Resilience and Sustainability Program would be created in order to increase resilience to extreme weather and other natural hazards, and also reduce their vulnerabilities to cybersecurity. They could use these funds to relocate water infrastructure currently at risk of being impaired by natural hazards, to design desalination facilities, enhance water supply through better watershed management and source water protection, or for the generation of renewable energy in the movement or treatment of drinking water. This Bill also recognizes the injustices underrepresented communities face with regard to access to clean water. A Needs Assessment for nationwide rural and urban low-income community water assistance would be created to examine how many small, medium, and large water providers service households that spend a disproportionate amount of income on access to drinking water or wastewater services. This assessment would also identify entities that took on debt to water providers due to lack of customer payment. This would help to understand how accessible water services are and provide recommendations to increase accessibility. The Bill would also amend the Safe Drinking Water Act such that State Competitive Grants For Underserved Communities would provide $50,000,000 from 2022-2026 to help communities that have inadequate systems for obtaining drinking water. This includes amending America’s Water Infrastructure Act of 2018 to create an Indian Reservation Drinking Water Program. This program would allow the Environmental Protection Agency to fund projects to improve water quality, water pressure, and water services, including sanitation and wastewater treatment, by repairing and improving water from a public water system. Specifically, ten projects each from the Upper Missouri River Basin, Upper Rio Grande Basin, Columbia River Basin, Lower Colorado River Basin, and the Arkansas-White-Red River Basin would be funded with 50% of $50,000,000 for each year 2022-2026. Lead is often a water contaminant that originates from degrading pipes and other infrastructure, and is released into the water source as a result of changes in water chemistry. Part of this Bill aims to reduce lead in drinking water by assisting with lead service line replacement, especially in disadvantaged communities. The proposed Lead Inventorying Utilization Grant Pilot Program would help to achieve this by providing grants to municipalities with water systems where at least 30% of service lines are suspected or known to contain lead, which would allow them to replace pipes and reduce lead in their water system. Additionally, the Bill funds a grant program for voluntary school lead testing, compliance monitoring, and lead reduction. This would make grants available to state and Tribal consortia for the remediation of lead contamination in schools and child care programs. Wastewater and Stormwater Under the Clean Water portion of this Bill, funding for research, training, and information would be prioritized. A wastewater efficiency grant pilot program would be created to fund 15 projects up to $4,000,000 each for improving waste-to-energy systems in publicly owned treatment works. Funding could be used for waste-to-energy systems such as capturing or transferring methane, collecting sludge, upgrading facility equipment related to these systems, or other emerging technologies. An additional pilot program would be created to fund and enhance alternative water sources by amending the Federal Water Pollution Control Act to allocate $25,000,000 for each year 2022-2026. The Federal Water Pollution Control Act would be edited to include $280,000,000 for each year 2022-2026 for municipal grants related to sewer overflow and stormwater reuse. This would include notification systems for when sewage overflow scenarios occur, and would prioritize financially distressed and rural communities. A clean water infrastructure resiliency and sustainability program would be added to the Federal Water Pollution Control Act for awarding funds to projects for increasing resiliency of publicly owned water treatment systems to natural hazard and cybersecurity vulnerabilities. Resilience could be increased through conserving water, increasing efficiency of water use, enhancing waste- and storm-water management, and increased protection of the local watershed. The Bill would help to connect houses to publicly owned treatment works, especially those of low or moderate income individuals. It would also establish grants to build or repair household decentralized wastewater systems, or install a system to be shared by multiple households. It would also provide funds to small publicly owned treatment works for replacing or repairing equipment that improves water efficiency. Why was it proposed? Water is an essential resource for sustaining life. For in depth information on water topics, we recommend checking out the EPAs website: https://www.epa.gov/environmental-topics/water-topics. We highlight a few of the reasons this Bill was proposed below. On July 28, 2010, the United Nations recognized the human right to water and sanitation. However, according to a 2018 study in the United States that spanned 30 years, about 10% of public water systems in the US have health based violations and affect ~45 million people every year (1). Additionally, over 2 million Americans are living in areas without access to safe drinking water or sanitation services (1). A report released in 2019 by the U.S. Water Alliance built on this, and included that Native American households are 19 times more likely to lack plumbing and Black and Latino households are twice as likely to lack plumbing as white households (2). This injustice is a direct result of a history of racist policies that were central to planning and construction of water infrastructure (2) The Safe Drinking Water Act and the Clean Water Act that were passed in the 1970s regulate public water systems and require the EPA to create and enforce standards that the systems must follow (3). However, federal funding for the water sector decreased from 63% of capital spending in 1977 to only 9% by 2015, making it difficult to address disparities and provide safe drinking water across the US (4). Climate change will significantly affect the water cycle impacting droughts, storms and flooding, source water quality, sea level rise and general utility preparedness (5). New infrastructure is important for increasing our resilience as a nation to these changes, and will help with increasing groundwater storage and recovery, diversifying and expanding options for water supply and mitigating saltwater intrusion (5). Lead in particular is a known issue in public water systems because old plumbing systems contain lead, and when they age and corrode, the lead enters the drinking water. Lead is common in pipes, faucets and fixtures and in public infrastructure built before 1986 (6). Additionally, lead bioaccumulates, meaning that it lasts a long time and collects in our bodies over time with sustained exposure. This is extremely harmful to human health, and there is not a safe amount of lead known for a child’s blood levels making children particularly vulnerable (7). Even at low levels, lead damage can cause learning disabilities, shorter stature, impaired hearing and formation and function of blood cells (6). Therefore, it is vital that we reduce the amount of contaminants, including lead, in our public water systems. The proper treatment of sewage and wastewater is essential for maintaining clean water and public health. Before this water can be released to water bodies or reused, it must be treated at a wastewater treatment facility for safety. Aging sanitary sewers can lead to cracks, broken seals, and broken pipes that allow excess water inside, leading to overflows and other issues (8). Benefits Access to clean, safe drinking water is an essential human right, and this Bill would help perpetuate access to cleaner water across the US. It would secure funding for new grant programs to strengthen aging water infrastructure and help to address persistent environmental injustices related to water safety and access. In areas where access to clean water is scarce, this Bill would help to better reuse stormwater. This Bill also aligns with the current Administration's agenda and the American Jobs plan, which promises $111 billion for water systems. This bipartisan solution gives states the flexibility they need to improve their infrastructure, with a specific emphasis on small or rural public water systems. This Bill already has extensive bipartisan support and has passed the Senate. Challenges It is difficult to sell water infrastructure investments politically because many of the investments are invisible. Most water neworks are underground, so it is difficult to acknowledge, address, or gain assistance to replace the degradation until something catastrophic happens. Additionally, while the Bill is a step in the right direction to ensure investment in communities impacted the most, more work can always be done. Additionally, replacement of water infrastructure may disrupt communities and it would take time to replace pipes and enact these proposed programs. A challenge associated with this Bill includes determining where to begin replacing and upgrading infrastructure equitably within the many areas with need. Want to advocate? Does this Bill resonate with you? Do you want to see it become a law? Have concerns or thoughts you would like to discuss? The Bill passed the Senate and is on its way to the House. You can email your Representative in the House by finding their email at https://www.congress.gov/members?searchResultViewType=expanded or call their offices to voice your thoughts. Remember to use our Resources page for more information and guidance when reaching out! Footnotes
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