[House Report 114-346]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-346
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GRASSROOTS RURAL AND SMALL COMMUNITY WATER SYSTEMS ASSISTANCE ACT
_______
November 19, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany S. 611]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (S. 611) to amend the Safe Drinking Water Act to
reauthorize technical assistance to small public water systems,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
The purpose of S. 611 is to amend the Safe Drinking Water
Act to reauthorize technical assistance to small public water
systems, and for other purposes.
Background and Need for Legislation
According to the Census Bureau, approximately twenty-seven
percent of the U.S. population lives in a rural area.\1\ The
smallest water systems (serving fewer than 3,300 persons, many
serving small clusters of homes) account for seventy-seven
percent of all systems and have a similarly high percentage of
systems in significant noncompliance with drinking water
regulations.\2\
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Many of these smaller and rural communities--with
populations of 10,000 or less--face significant challenges in
maintaining, replacing, or upgrading aging and obsolete
drinking water and wastewater infrastructure.\3\ Unlike water
systems in larger urban markets, these same small and rural
communities do not have the rate base to fund the cost of some
projects and still maintain affordable rates. Many small and
rural communities have limited access to financial markets,
restricting their ability to issue bonds to raise capital.\4\
As a result, these communities depend heavily on Federal and
State grants and subsidized loan programs to finance their
needs.
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A major source of financial stress for small and rural
drinking water supply systems is compliance with a number of
drinking water regulations issued by the Environmental
Protection Agency (EPA) under the Safe Drinking Water Act
(SDWA), including system monitoring, treatment to remove
certain contaminants, and reporting. While EPA estimates that
regulatory compliance will protect the health of millions of
people, these communities may need technical assistance to help
find the most cost-effective way to meet these new standards.
In addition, financial constraints on small and rural public
water systems make repair and replacement of equipment
challenging. Technical assistance enables small public water
systems to identify affordable repair and replacement options
for their systems.
Since many small and rural public water systems lack the
resources or access to certain technical professionals, SDWA
section 1442(e) provides EPA authority to provide technical
assistance to ``small public water systems'' to enable these
systems to achieve and maintain compliance with applicable
Federal drinking water regulations and to help small public
water systems respond to environmental stressors, including
through ``circuit-rider and multi-state regional technical
assistance programs, training, and preliminary engineering
evaluations.'' As an example, in 2012 the Government
Accountability Office found that preparing additional
engineering reports could cost from $5,000 to $50,000 and that
the cost of a typical environmental analysis could add as
little as $500 to a community's costs or as much as $15,000.\5\
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Hearings
The Subcommittee on Environment and the Economy held a
hearing on S. 611 on October 22, 2015. The Subcommittee
received testimony from:
Kirby Mayfield, Executive Director, Mississippi
Rural Water Association, on behalf of the National Rural Water
Association;
Robert B. Stewart, Executive Director, Rural
Community Assistance Partnership, Inc.; and
The U.S. Environmental Protection Agency (EPAs
testimony was submitted in writing for the hearing record).
Committee Consideration
On Wednesday, October 28, 2015, the Subcommittee on
Environment and the Economy met in open markup session and
forwarded S. 611 to the full Committee, without amendment, by a
voice vote. On November 17 and 18, 2015, the full Committee on
Energy and Commerce met in open markup session and ordered S.
611 reported to the House, without amendment, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering S.
611 reported.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Subcommittee on Environment and
the Economy held hearings on February 27, 2015 and October 22,
2015, and made findings that are reflected in this report.
Statement of General Performance Goals and Objectives
The goals and objectives of S. 611 are to amend the Safe
Drinking Water Act to reauthorize technical assistance to small
public water systems, and for other purposes.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that S.
611, would result in no new or limited increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that S. 611 contains no earmarks, limited tax benefits,
or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974. At the
time this report was filed, the estimate was not available.
However, a cost estimate was prepared for S. 611, as ordered
reported by the Senate Committee on Environment and Public
Works on April 29, 2015, and is provided below. The bill, as
ordered reported by the House Committee on Energy and Commerce
on November 19, 2015, has not been amended since the April 29
cost estimate.
S. 611--Grassroots Rural and Small Community Water Systems Assistance
Act
Summary: S. 611 would authorize the appropriation of $15
million annually over the 2016-2020 period for the
Environmental Protection Agency's program that provides
technical assistance to small public water systems. The
authorization for this program expired in 2003, but the program
received an appropriation of $13 million for fiscal year 2015.
CBO estimates that implementing S. 611 would cost $67 million
over the next five years, assuming appropriation of the
authorized amounts. Pay-as-you-go procedures do not apply to S.
611 because it would not affect direct spending or revenues.
S. 611 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 611 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2016 2017 2018 2019 2020 2016-2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 15 15 15 15 15 75
Estimated Outlays....................................... 8 14 15 15 15 67
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Basis of estimate: For this estimate, CBO assumes that S.
611 will be enacted by the end of fiscal year 2015, that the
specified amounts will be appropriated in each year starting in
2016, and that outlays will follow historical spending patterns
for the technical assistance program. The legislation would
authorize funding for nonprofit organizations to help small
public water systems achieve and maintain compliance with
national regulations and to support training and engineering
evaluations of those water systems.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 611
contains no intergovernmental or private-sector mandates as
defined in UMRA. Activities authorized in the bill would assist
public water systems to comply with national standards for
primary drinking water.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of S. 611 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting S. 611 does not
direct any rule makings within the meaning of 5 U.S.C. 551 to
be completed.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that the Act may be cited as the
Grassroots Rural and Small Community Water Systems Assistance
Act.
Section 2. Findings
This section establishes findings related to the Safe
Drinking Water Act's technical assistance program, including
its positive impact on helping ease the burden of Federal
requirements and responding to emergency situations in small
and rural communities.
Section 3. Sense of Congress
This section states that it is the sense of Congress that
the EPA should prioritize the types of technical assistance
that are most beneficial to the small and rural communities
being served and that local support is key to successful
assistance initiatives.
Section 4. Funding priorities
This section would amend SDWA section 1442(e) (42 U.S.C.
300j-1(e)) to reauthorize the EPA's program providing technical
assistance to small public water systems.
Specifically, section 4(1) restructures SDWA section
1442(e) by making each sentence in the subsection into its own
paragraph.
Next, section 4(2) maintains the existing statutory
authorization in SDWA section 1442(e) of $15 million annually
(including three percent for technical assistance to public
water systems owned or operated by Indian Tribes), but changes
the new SDWA section 1442(e)(5) to cover funding for fiscal
year 2015 through fiscal year 2020.
Finally, section 4(3) adds at the end of section 1442(e) a
new paragraph (8), containing three subparagraphs.
First, new SDWA section 1442(e)(8)(A) authorizes EPA to use
funding for SDWA section 1442 to provide grants or cooperative
agreements to non-profit organizations to provide technical
assistance under SDWA to small public water systems to help
these systems achieve and maintain compliance with national
primary drinking water regulations. In addition, this
subparagraph clarifies that non-profit entities eligible for
these grants or cooperative agreements provide small public
water systems onsite technical assistance, circuit-rider
technical assistance programs, onsite and regional training,
assistance with implementing source water protection plans, and
assistance with implementing monitoring plans, rules,
regulations, and water security enhancements.
While the Committee recognizes that the purpose of SDWA
section 1442(e) is to provide technical assistance under SDWA
to small public water systems to help these systems achieve and
maintain compliance with national primary drinking water
regulations, it also understands that the list is not limited
by concern addressed, but by the requirement that the activity
be tied to achieving and maintaining a system's viability in
providing safe drinking water. The Committee envisions that a
range of technical assistance could be provided to small public
water systems to help them address challenges that these
systems experience, such as source water protection, system
monitoring and efficiency, sustainability, and water security.
Second, new SDWA section 1442(e)(8)(B) requires preference
in awarding grants to the non-profits identified in new SDWA
section 1442(e)(8)(B) that the Administrator determines are
most qualified and experienced in providing training and
technical assistance to small public water systems and that
small public water systems find most beneficial and effective.
While effectiveness and expertise are not explicit statutory
requirements for making a grant under S. 611, the Committee
expects that the Agency will continue to make these a
consideration in providing funding to non-profits that provide
technical assistance. In addition, the Committee does not
intend S. 611 to require EPA to conduct national surveys to
determine which non-profits are most qualified and experienced
and that small public water systems find most beneficial and
effective. Instead, the Committee prefers that the Agency
minimize the Administrative burden on itself, the non-profits,
and the eligible small and rural water public water systems in
meeting the requirements of the law.
Last, new SDWA section 1442(e)(8)(C) prohibits grants and
cooperative agreements awarded under SDWA section 1442(e) from
being used to bring a citizen suit under SDWA.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SAFE DRINKING WATER ACT
TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS
SHORT TITLE
Sec. 1400. This title may be cited as the ``Safe Drinking
Water Act''.
* * * * * * *
Part E--General Provisions
* * * * * * *
research, technical assistance, information, training of personnel
Sec. 1442. (a)(1) The Administrator may conduct research,
studies, and demonstrations relating to the causes, diagnosis,
treatment, control, and prevention of physical and mental
diseases and other impairments of man resulting directly or
indirectly from contaminants in water, or to the provision of a
dependably safe supply of drinking water, including--
(A) improved methods (i) to identify and measure
the existence of contaminants in drinking water
(including methods which may be used by State and local
health and water officials), and (ii) to identify the
source of such contaminants;
(B) improved methods to identify and measure the
health effects of contaminants in drinking water;
(C) new methods of treating raw water to prepare it
for drinking, so as to improve the efficiency of water
treatment and to remove contaminants from water;
(D) improved methods for providing a dependably
safe supply of drinking water, including improvements
in water purification and distribution, and methods of
assessing the health related hazards of drinking water;
and
(E) improved methods of protecting underground
water sources of public water systems from
contamination.
(2) Information and research facilities.--In
carrying out this title, the Administrator is
authorized to--
(A) collect and make available information
pertaining to research, investigations, and
demonstrations with respect to providing a
dependably safe supply of drinking water,
together with appropriate recommendations in
connection with the information; and
(B) make available research facilities of
the Agency to appropriate public authorities,
institutions, and individuals engaged in
studies and research relating to this title.
(3) The Administrator shall carry out a study of
polychlorinated biphenyl contamination of actual or potential
sources of drinking water, contamination of such sources by
other substances known or suspected to be harmful to public
health, the effects of such contamination, and means of
removing, treating, or otherwise controlling such
contamination. To assist in carrying out this paragraph, the
Administrator is authorized to make grants to public agencies
and private nonprofit institutions.
(4) The Administrator shall conduct a survey and study of--
(A) disposal of waste (including residential waste)
which may endanger underground water which supplies, or
can reasonably be expected to supply, any public water
systems, and
(B) means of control of such waste disposal.
Not later than one year after the date of enactment of this
title, he shall transmit to the Congress the results of such
survey and study, together with such recommendations as he
deems appropriate.
(5) The Administrator shall carry out a study of methods of
underground injection which do not result in the degradation of
underground drinking water sources.
(6) The Administrator shall carry out a study of methods of
preventing, detecting, and dealing with surface spills of
contaminants which may degrade underground water sources for
public water systems.
(7) The Administrator shall carry out a study of virus
contamination of drinking water sources and means of control of
such contamination.
(8) The Administrator shall carry out a study of the nature
and extent of the impact on underground water which supplies or
can reasonably be expected to supply public water systems of
(A) abandoned injection or extraction wells; (B) intensive
application of pesticides and fertilizers in underground water
recharge areas; and (C) ponds, pools, lagoons, pits, or other
surface disposal of contaminants in underground water recharge
areas.
(9) The Administrator shall conduct a comprehensive study
of public water supplies and drinking water sources to
determine the nature, extent, sources of and means of control
of contamination by chemicals or other substances suspected of
being carcinogenic. Not later than six months after the date of
enactment of this title, he shall transmit to the Congress the
initial results of such study, together with such
recommendations for further review and corrective action as he
deems appropriate.
(10) The Administrator shall carry out a study of the
reaction of chlorine and humic acids and the effects of the
contaminants which result from such reaction on public health
and on the safety of drinking water, including any carcinogenic
effect.
(b) The Administrator is authorized to provide technical
assistance and to make grants to States, or publicly owned
water systems to assist in responding to and alleviating any
emergency situation affecting public water systems (including
sources of water for such systems) which the Administrator
determines to present substantial danger to the public health.
Grants provided under this subsection shall be used only to
support those actions which (i) are necessary for preventing,
limiting or mitigating danger to the public health in such
emergency situation and (ii) would not, in the judgment of the
Administrator, be taken without such emergency assistance. The
Administrator may carry out the program authorized under this
subparagraph as part of, and in accordance with the terms and
conditions of, any other program of assistance for
environmental emergencies which the Administrator is authorized
to carry out under any other provision of law. No limitation on
appropriations for any such other program shall apply to
amounts appropriated under this subparagraph.
(c) The Administrator shall--
(1) provide training for, and make grants for
training (including postgraduate training) of (A)
personnel of State agencies which have primary
enforcement responsibility and of agencies or units of
local government to which enforcement responsibilities
have been delegated by the State, and (B) personnel who
manage or operate public water systems, and
(2) make grants for postgraduate training of
individuals (including grants to educational
institutions for traineeships) for purposes of
qualifying such individuals to work as personnel
referred to in paragraph (1).
Reasonable fees may be charged for training provided under
paragraph (1)(B) to persons other than personnel of State or
local agencies but such training shall be provided to personnel
of State or local agencies without charge.
(d) There are authorized to be appropriated to carry out
subsection (b) not more than $35,000,000 for the fiscal year
2002 and such sums as may be necessary for each fiscal year
thereafter.
(e) Technical Assistance.--(1) The Administrator may
provide technical assistance to small public water systems to
enable such systems to achieve and maintain compliance with
applicable national primary drinking water regulations. (2)
Such assistance may include circuit-rider and multi-State
regional technical assistance programs, training, and
preliminary engineering evaluations. (3) The Administrator
shall ensure that technical assistance pursuant to this
subsection is available in each State. (4) Each nonprofit
organization receiving assistance under this subsection shall
consult with the State in which the assistance is to be
expended or otherwise made available before using assistance to
undertake activities to carry out this subsection. (5) There
are authorized to be appropriated to the Administrator to be
used for such technical assistance $15,000,000 for each of the
fiscal years [1997 through 2003] 2015 through 2020. (6) No
portion of any State loan fund established under section 1452
(relating to State loan funds) and no portion of any funds made
available under this subsection may be used for lobbying
expenses. (7) Of the total amount appropriated under this
subsection, 3 percent shall be used for technical assistance to
public water systems owned or operated by Indian Tribes.
(8) Nonprofit organizations.--
(A) In general.--The Administrator may use
amounts made available to carry out this
section to provide grants or cooperative
agreements to nonprofit organizations that
provide to small public water systems onsite
technical assistance, circuit-rider technical
assistance programs, multistate, regional
technical assistance programs, onsite and
regional training, assistance with implementing
source water protection plans, and assistance
with implementing monitoring plans, rules,
regulations, and water security enhancements.
(B) Preference.--To ensure that technical
assistance funding is used in a manner that is
most beneficial to the small and rural
communities of a State, the Administrator shall
give preference under this paragraph to
nonprofit organizations that, as determined by
the Administrator, are the most qualified and
experienced in providing training and technical
assistance to small public water systems and
that the small community water systems in that
State find to be the most beneficial and
effective.
(C) Limitation.--No grant or cooperative
agreement provided or otherwise made available
under this section may be used for litigation
pursuant to section 1449.
* * * * * * *
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