House Panel Approves Drinking Water State Revolving Fund Reauthorization

Yesterday, the House Energy & Commerce Committed marked up legislation authorizing increased funding for the Drinking Water State Revolving Fund (DWSRF). H.R. 5320, the “Assistance, Quality, and Affordability Act of 2010,” or AQUA Act, was approved with bipartisan support, 45-1.

Manager’s Amendment

The Committee approved several amendments, including Chairman Henry Waxman’s (D-30) Manager’s Amendment. The Manager’s Amendment is a bipartisan agreement between the Chairman and Ranking Member Joe Barton (R-Tex.). The amendment significantly reduces funding levels approved at the subcommittee level. Funding levels were reduced from $14.7 billion over a five year period to only $4.8 billion over a three year period.

Endocrine Disruptor Program

The Manager’s Amendment also includes language clarifying that the EPA’s endocrine disruptor screening program does not create a new regulatory paradigm and tests substances only found in drinking water.

Perchlorate

Congresswoman Lois Capps (D-23) offered and withdrew an amendment that would have required the EPA to propose and finalize a national primary drinking water regulation for perchlorate within 18 months. Chairman Waxman assured Congresswoman Capps that the Committee will take up perchlorate legislation separately after the summer recess.

Buy America

The Committee also approved an amendment mandating funds only be made available for the construction, alteration, maintenance, or repair of a public water system if the steel, iron, and manufactured goods used in the project are produced in the United States. The amendment includes three exceptions to the mandate:

1.    If the buy America provision would be inconsistent with the public interest;
2.    If steel, iron and manufactured good are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
3.    If the inclusion of steel, iron, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent.

The amendment was sponsored by Congresswoman Sutton (D-Ohio), Congressman Murphy (D-Conn.), Congressman Braley (D-Iowa), Congressman Doyle (D-Penn.), and Congressman Murphy (D-Penn.).

Lead

The AQUA Act still includes language to set standards to reduce lead in drinking water.  The language is consistent with ACWA-supported “Get Out the Lead Act,” introduced by Congresswoman Eshoo (D-14) May 12. The language would apply California’s lead standards to newly installed or repaired pipes and plumbing fixtures across the country, while also protecting the states’ ability to enact stricter standards.

To read the full text of the amendments, please click here.