This week, the Senate Environment and Public Works Committee adopted S. 2848 which authorizes projects and programs for the U.S. Army Corps of Engineers.  The bill departs from previous authorizations for the Corps by providing new infrastructure financing options through the Environmental Protection Agency and calling for lead testing in drinking water and replacement of supply lines, primarily as a result of the Flint, Michigan crisis.  

Specifically, the bill:

  • Authorizes additional funding for the Water Infrastructure Finance and Innovation Act (WIFIA) program which leverages Treasury bonds for infrastructure investment;
  • Authorizes planning, design, preconstruction activities, replacement or rehabilitation of aging treatment, storage, or distributions facilities and water system security as eligible activities under the Drinking Water State Revolving Fund;
  • Authorizes a new grant program for drinking water for small (under 10,000), disadvantaged, and underserved communities;
  • Authorizes a grant program for removing lead service lines, testing, planning, corrosion control, and education.  Another grant program is authorized for voluntary school and child care lead testing programs;
  • Outlines that any exceeding of lead action levels must be reported to the public within 15 days.  Notice also required to Center for Disease Control and state and county health agencies if the violation has the potential for serious health effects;
  • Reauthorizes Section 221 of the Clean Water Act to provide grants for combined sewer overflows, sanitary sewer overflows, and stormwater discharges;
  • Requires the EPA to inform municipalities of the opportunity to prepare an integrated plan, combining 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; and,
  • Directs the EPA, the Interior, the USDA, the NOAA, and other appropriate federal agencies to work with state and local governments to develop non-regulatory national drought resilience guidelines relating to drought preparedness planning and investments for communities, water utilities, and other water users and providers.