Key members of the Senate Environment and Public Works Committee have introduced a bill to halt the pending rule regarding Waters of the U.S. (WOTUS) and to provide direction to the federal agencies for drafting a substitute rule. The draft Senate bill is more prescriptive than legislation (H.R. 1732) now being considered in the House, which would force repeal of the proposed rule and require a new rulemaking process that engages state and local governments. The Senate bill lists waters that should be exempted from designation as WOTUS, including facilities that store, treat, or convey storm water, wastewater, water supply, and agriculture. However, these provisions are recommendations, not statutory requirements, for the agencies to consider when rewriting the rule. The bill has bipartisan cosponsors and is expected to be voted on by the Committee in the coming months.
