[DOCID: f:sr242.110]
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Calendar No. 534
110th Congress Report
SENATE
1st Session 110-242
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AMENDING THE SAFE DRINKING WATER ACT TO REAUTHORIZE THE PROVISION OF
TECHNICAL ASSISTANCE TO SMALL PUBLIC WATER SYSTEMS
_______
December 12, 2007.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1429]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1429) to amend the Safe Drinking Water
Act to reauthorize the provision of technical assistance to
small public water systems, having considered the same reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
General Statement and Background
SUMMARY AND NEED FOR LEGISLATION
This Committee, the U.S. Environmental Protection Agency
(EPA), state officials, health experts, and water utilities
recognize that there are special challenges for many small
drinking water systems seeking to provide the highest quality
drinking water. The EPA defines a small system as one serving
less than 3,300 people. According to EPA's 2003 assessment of
drinking water needs, 45,000 of the nation's 54,000 community
water systems are small systems.\1\ As noted by the National
Academy of Sciences' National Research Council (NRC) in its
1997 review of small system drinking water challenges,
``meeting drinking water standards is most difficult for water
systems in small communities. Small communities often cannot
afford the equipment and qualified operators necessary to
ensure compliance with safe drinking water standards.'' In its
2003 needs assessment, the EPA concurred with the NRC, stating
``Small water systems face many unique challenges in providing
safe drinking water to consumers. The substantial capital
investments required to rehabilitate, upgrade, or install
infrastructure without the economies of scale available to
larger systems represents on challenge. . . . [T]he costs borne
on a per-household basis by small systems are significantly
higher than those of larger systems.''\2\
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\1\``Drinking Water Infrastructure Needs Survey and Assessment;
Third Report to Congress,'' page 3. Environmental Protection Agency.
\2\Ibid. 11.
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Many of the Academies findings and recommendations continue
to be relevant today. The Academy panel noted that increases in
both the number of drinking water regulations and the number of
small community water systems over the past three decades have
made the problem of providing safe drinking water to small
communities even more challenging. The panel suggested that
``the solution to the problem of providing safe drinking water
to small communities has three elements, each equally
important: (1) providing affordable water treatment
technologies, (2) creating the institutional structure
necessary to ensure the financial stability of water systems,
and (3) improving programs to train small system operators in
all aspects of water system maintenance and management.'' Thus,
the panel highlighted the importance of adequate funding for
programs to train small system operators and to offer technical
assistance.
Objectives of the Legislation
The goal of the legislation is to reauthorize the small
system technical assistance provision of the Safe Drinking
Water Act in order to improve the technical and managerial
capacity of small drinking water systems.
Section-by-Section Analysis
SECTION 1
Summary
This provision amends section 1442(e) of the Safe Drinking
Water Act by reauthorizing the small system technical
assistance grants to states, which expired in 2003, for fiscal
years 2008 through 2012.
Discussion
Section 1442(e) of the existing Act states that EPA 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. This
assistance may include circuit-rider and multi-State regional
technical assistance programs, training, and preliminary
engineering evaluations. EPA is required ensure that technical
assistance pursuant to this subsection is available in each
State. Each nonprofit organization receiving assistance under
the subsection is required to consult with the State in which
the assistance is to be provided before using assistance to
undertake activities to carry out this provision. The
subsection authorized $15 million dollars a year for such
technical assistance. No funds provided under the State loan
fund established under the Act, and no funds provided under
this subsection may be used for lobbying expenses. Three
percent of the total funds provided under this subsection must
be used for technical assistance to public water systems owned
or operated by Indian Tribes.
This section further requires EPA to give priority to small
systems organizations as determined by the Administrator, are
qualified and will be the most effective at assisting those
systems that have the greatest need (or a majority of need) in
each state. This will help ensure competition among small
systems organizations to be as effective as possible at
assisting such systems. The provision is intended to ensure, in
parallel with, for example, the provisions of the State loan
fund under section 1452(b)(3)(A) of the Safe Drinking Water
Act, that the technical assistance funds under this subsection
are strategically targeted by the small systems organizations
to help those systems most in need or that present the greatest
health risks, as determined by the Administrator.
Legislative History
S. 1429 was introduced on May 17, 2007 by Senator Inhofe,
joined by original cosponsors Senators Isakson, Craig, Thomas,
and Warner. The bill was referred to the Committee on
Environment and Public Works, and was ordered reported
favorably out of the Committee as amended on July 31, 2007.
Rollcall Votes
S. 1429 was approved as amended by the Committee on
Environment and Public Works by rollcall vote of 19-0 on July
31, 2007. (Ayes--Alexander, Barrasso, Baucus, Bond, Cardin,
Carper, Clinton, Craig, Inhofe, Isakson, Klobuchar, Lautenberg,
Lieberman, Sanders, Vitter, Voinovich, Warner, Whitehouse, and
Boxer).
The Committee approved by voice vote the Craig-Inhofe
Amendment #1, to provide priority for consideration of certain
small systems organizations, after having approved Senator
Klobuchar's 2nd degree amendment to that amendment, which
requires that EPA provide priority to small water systems
organizations that, in EPA's judgment, are most effective at
assisting those small systems in the greatest need (or with a
majority of need). The Klobuchar second degree amendment was
approved by rollcall vote, 11-8. (Ayes--Baucus, Cardin, Carper,
Clinton, Klobuchar, Lautenberg, Lieberman, Sanders, Voinovich,
Whitehouse, and Boxer. Nays--Alexander, Barrasso, Bond, Craig,
Inhofe, Isakson, Vitter, and Warner.)
Senator Craig's #2 Amendment to modify the monitoring and
testing requirements for certain residential properties that
receive treated drinking water from another source including
manufactured housing communities failed by rollcall vote, 9-10.
(Nays--Baucus, Cardin, Carper, Clinton, Klobuchar, Lautenberg,
Lieberman, Sanders, Whitehouse, Boxer. Ayes--Alexander,
Barrasso, Bond, Craig, Inhofe, Isakson, Vitter, Voinovich, and
Warner.)
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that S. 1429 would impose
no Federal intergovernmental unfunded mandates on State, local,
or tribal governments.
Congressional Budget Office Cost Estimate
Summary: S. 1429 would authorize the appropriation of $15
million annually over the 2008-2012 period for the
Environmental Protection Agency's (EPA's) program that provides
technical assistance to small public water systems. The
authorization for this program expired in 2003.
CBO estimates that implementing S. 1429 would cost $67
million over the next five years, assuming appropriation of the
authorized amounts. Enacting the legislation would not affect
direct spending or revenues.
S. 1429 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would benefit state and local governments.
Estimated Costs to the Federal Government: The estimated
budgetary impact of S. 1429 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2007 2008 2009 2010 2011 2012
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SPENDING SUBJECT TO APPROPRIATION
Spending for EPA Technical Assistance Under Current Law:a
Budget Authority............................................ 0 0 0 0 0 0
Estimated Outlays........................................... 8 2 0 0 0 0
Proposed Changes:
Authorization Level......................................... 0 15 15 15 15 15
Estimated Outlays........................................... 0 8 14 15 15 15
Total Spending for EPA Technical Assistance Under S. 1429:a
Authorization Level......................................... 0 15 15 15 15 15
Estimated Outlays........................................... 8 10 14 15 15 15
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aThere was no appropriation in 2007 for EPA technical assistance to small public water systems; outlays under
current law stem from appropriations provided in prior years.
Basis of estimate: For this estimate, CBO assumes that S.
1429 will be enacted near the start of 2008, that the
authorized amounts will be appropriated each year, and that
outlays will follow historical spending patterns for the
technical assistance program. This 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. CBO estimates that implementing the
bill would cost $67 million over the 2008-2012 period.
Intergovernmental and private-sector impact: S. 1429
contains no intergovernmental or private-sector mandates as
defined in UMRA and would authorize grants to small public
water systems. Any costs to state and local governments,
including matching funds, would be incurred voluntarily.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Neil Hood;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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, existing law in which no change is proposed is shown
in roman:
* * * * * * *
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TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE SAFE DRINKING WATER
ACT)
* * * * * * *
SHORT TITLE
Sec. 1400. This title may be cited as the ``Safe Drinking
Water Act''.
* * * * * * *
Sec. 1442. (a)(1) * * *
* * * * * * *
(e) Technical Assistance.--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. Such assistance
may include circuit-rider and multi-State regional technical
assistance programs, training, and preliminary engineering
evaluations. The Administrator shall ensure that technical
assistance pursuant to this subsection is available in each
State. 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. 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.]
2008 through 2012. In providing grants under this section, the
Administrator shall give priority to small systems
organizations that, as determined by the Administrator, are
qualified and will be most effective at assisting those small
systems that have the greatest need (or a majority of need) in
the States. 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. 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.
* * * * * * *
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