Water Infrastructure Financing Legislation: Comparison of S. 1961 and H.R. 3930

Order Code RL31344

Report for Congress

Received through the CRS Web

Water Infrastructure Financing Legislation:

Comparison of S. 1961 and H.R. 3930

Updated June 10, 2002

name redacted and name redacted

Specialists in Environmental Policy

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

Water Infrastructure Financing Legislation:

Comparison of S. 1961 and H.R. 3930

Summary

This report provides a side-by-side comparison of two major bills in the 107th

Congress concerning water infrastructure project financing. It compares provisions

of S. 1961, the Water Investment Act of 2002, which would amend both the Clean

Water Act (CWA) and Safe Drinking Water Act (SDWA), and H.R. 3930, the Water

Quality Financing Act of 2002, which would amend only the CWA. It also describes

relevant provisions of current law that would be affected or modified by the bills.

The CWA and SDWA provisions that these two bills would amend are

principally the portions of those laws that authorize federal financial assistance to

State Revolving Loan Funds (SRFs) for purposes of building and upgrading

wastewater treatment and drinking water treatment facilities in compliance with the

laws. Congress established the CWA SRF program in 1987 and the SDWA SRF

program in 1996. Under both, federal capitalization grants are provided as seed

money for state-administered loans, which communities repay to the state, providing

a source of capital for future investments. Both laws contain provisions that specify

requirements for states to establish SRFs and requirements that apply to the SRF's

operation, such as plans and reporting. Both define categories of projects eligible for

assistance, who may receive assistance, and types of assistance activities.

A key intention of both bills is to extend SRF authorizations. S. 1961 authorizes

$35 billion total for FY2003-2007 ($20 billion for the CWA SRF, $15 billion for the

SDWA SRF), while H.R. 3930 also authorizes $20 billion for the CWA SRF for the

same time period. In addition, both would conform the two laws in several respects.

For example, the SDWA currently allows states to offer longer loan repayment

periods and additional subsidization to disadvantaged communities, and both bills

would add parallel provisions to the CWA.

The bills are not identical, however. In some cases, they take different

approaches to an issue, such as how to revise the formula for state-by-state allotment

of SRF capitalization grants. They differ in other ways, as well. S. 1961, but not

H.R. 3930, includes provisions modeled on the current SDWA that would allow

private utilities to receive CWA SRF assistance. S. 1961 includes other provisions

not in the House bill. One requires a study of public water system and wastewater

treatment works rate structures. Another calls for a study of to identify status and

trends of freshwater and groundwater resources in the United States. It also includes

a new grant program to assist small community drinking water projects. H.R. 3930

includes some provisions not in the Senate bill. For example, it would extend

requirements for 11 CWA reports to Congress.

Congressional committees are considering this water infrastructure legislation.

Following a hearing on March 13, 2002, the House Transportation and Infrastructure

Committee approved H.R. 3930 on March 20. The Senate Environment and Public

Works Committee held hearings on S. 1961 and several other bills on February 26

and 28 and approved S. 1961 with amendments on May 17.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Table 1. Comparison of Water Infrastructure Legislation . . . . . . . . . . . . . . . . . . 4

Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Recipients Eligible for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Projects Eligible for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Fund Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Extension of Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Additional Subsidization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Financial Assistance to Small Systems from the SRF . . . . . . . . . . . . . . 8

Technical Assistance to Small Systems from the SRF . . . . . . . . . . . . . 8

EPA Technical Assistance Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

State Administrative Costs Set-Aside . . . . . . . . . . . . . . . . . . . . . . . . . 10

Reservation of Funds for Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Cross-cutting Program and Federal Requirements . . . . . . . . . . . . . . . 10

Requirements for Receipt of Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

No Assistance for Systems in Noncompliance . . . . . . . . . . . . . . . . . . 12

Technical, Managerial, and Financial Capability

Requirements for Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Consistency with Planning Requirements . . . . . . . . . . . . . . . . . . . . . . 15

Priority System Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Intended Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Allotment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

SRF Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Cross-collateralization between CWA & SDWA SRFs . . . . . . . . . . . 18

SRF Set-Aside for Indian Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Small Drinking Water System Grant Program . . . . . . . . . . . . . . . . . . 19

Small System Technology Assistance Centers . . . . . . . . . . . . . . . . . . 21

Environmental Finance Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Demonstration Program for Water Quality Enhancement

and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Rate Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Streamlining the SRF Application and Review Process . . . . . . . . . . . 23

Water Resource Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Nutrient Control Technology Program . . . . . . . . . . . . . . . . . . . . . . . . 24

Wet Weather Watershed Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Preservation of Reporting Requirements . . . . . . . . . . . . . . . . . . . . . . . 25

New York City Watershed Protection Program . . . . . . . . . . . . . . . . . . 25

Water Infrastructure Financing Legislation:

Comparison of S. 1961 and H.R. 3930

Introduction

This report provides a side-by-side comparison of two major bills in the 107th

Congress concerning water infrastructure project financing. It compares provisions

of S. 1961, the Water Investment Act of 2002, which would amend both the Clean

Water Act (CWA) and Safe Drinking Water Act (SDWA), and H.R. 3930, the Water

Quality Financing Act of 2002, which would amend only the CWA. It also describes

relevant provisions of current law that would be affected or modified by the bills.

The CWA and SDWA provisions that by these two bills would amend are

principally the portions of those laws that authorize federal financial assistance to

State Revolving Loan Funds (SRFs) for purposes of building and upgrading

wastewater treatment and drinking water treatment facilities in compliance with those

laws, respectively. Under both programs, federal capitalization grants are provided

as seed money for state-administered loans. Recipients repay loans to the state,

enabling the state to build up a source of capital for future investments. Congress

established the CWA SRF program in 1987 (P.L. 100-4), replacing what previously

had been a CWA program of grants to municipalities. Before 1996, the SDWA had

not authorized federal assistance for drinking water treatment facilities, but in that

year, Congress established the SDWA SRF program (P.L. 104-182), modeling it after

the CWA program while also refining it to reflect early implementation of P.L. 1004. (For background information, see CRS Report RL31116, Water Infrastructure

Funding: Review and Analysis of Current Issues.)

A key intention of both bills is to extend and increase SRF authorizations. In

the case of the CWA program, authorizations under the 1987 law expired at the end

of FY1994, but Congress has continued to appropriate monies for capitalization

grants each year since then. The SDWA SRF program is authorized through

FY2003. S. 1961 authorizes $35 billion total for the two SRF programs for FY20032007 ($20 billion for the CWA SRF, $15 billion for the SDWA SRF), while H.R.

3930 also authorizes $20 billion for the CWA SRF for the same time period. In

addition, both S. 1961 and H.R. 3930 would conform aspects of the programs in the

two laws. For example, the SDWA currently allows states to offer longer loan

repayment periods and additional subsidization on loans to disadvantaged

communities, and both bills would add parallel provisions to the CWA.

The bills are not identical, however. In some cases, they take different

approaches to an issue, such as how to revise the formula for state-by-state allotment

of SRF capitalization grants. They differ in other ways, as well. S. 1961, but not

H.R. 3930, includes provisions modeled on the current SDWA that would allow

CRS-2

private utilities to receive CWA SRF assistance. The Senate bill would require states

to work with wastewater utilities to attain technical, managerial, and financial

capability. The SDWA currently has a similar provision. Both bills would permit

states to make longer term SRF loans to economically disadvantaged communities;

H.R. 3930 would permit such loans to be made for up to 30 years, while S. 1961

generally extends clean water and drinking water SRF loans from 20 years to up to

30 years and would permit loans to economically disadvantaged communities under

both programs to be made for up to 40 years. The House bill addresses several issues

not included in the Senate measure; it would, for example, extend requirements for

11 CWA reports to Congress and reauthorize the Act’s state management assistance

grant program in Section 106.1

House and Senate committees held oversight hearings on water infrastructure

financing issues during the 1st Session of the 107th Congress. Attention to specific

legislation is underway in the 2nd Session. The Senate Environment and Public

Works Committee held hearings on several bills (S. 252, S. 285, S. 503, S. 1044 and

S. 1961) on February 26 and 28, and the House Transportation and Infrastructure

Subcommittee on Water Resources and Environment held a hearing on H.R. 3930

on March 13.

H.R. 3930 was approved by the full House committee on March 20 with an

amendment concerning applicability of Davis-Bacon Act prevailing wage

requirements (see page 10). The Senate Environment and Public Works Committee

approved S. 1961 on May 17. During markup, the committee adopted several

amendments, including provisions concerning prevailing wage requirements; a

revised state-by-state allocation formula for the CWA SRF (see page 16); and

authorization of several new grant programs--to assist small community drinking

water projects (page 19), nutrient control treatment projects at wastewater plants

(page 24), and wet weather watershed projects (page 24).

Several other legislative proposals, although not specifically described in this

report, also have been introduced in the 107th Congress.2 These include:

! H.R. 688/S. 252, to authorize $15 billion in CWA SRF appropriations and

expand the types of projects eligible for CWA SRF assistance,

1

As introduced, H.R. 3930 also included two provisions to modify portions of federal tax

law that affect wastewater and drinking water infrastructure financing. One provision would

modify the Internal Revenue Code to reclassify bonds for projects furnishing water and

sewer projects as exempt from annual state caps on private activity bonds. The other would

modify the Code to exempt earnings on bonds collateralized with assistance from a CWA

SRF or a SDWA SRF from requirements to rebate to the government arbitrage profits on

unspent bond proceeds. These tax provisions were included in H.R. 3930 as ordered

reported by the Transportation and Infrastructure Committee on March 20. The bill was

subsequently referred to the Ways and Means Committee for consideration of matters within

its jurisdiction. That committee ordered the bill reported on April 17 with an amendment

which removed the tax provisions.

2

Congress also has considered water infrastructure legislation that focuses specifically on

security issues. For a discussion of this legislation see, for example, CRS Report RL31294,

Safeguarding the Nation’s Drinking Water: EPA and Congressional Actions.

CRS-3

! H.R. 1178/S. 503, to authorize $750 million per year for SDWA grants to

public water systems that serve small communities,

! H.R. 1750, to reauthorize the CWA SRF program at $5.4 billion per year

through FY2006,

! H.R. 1751, to reauthorize the CWA’s previous construction grants (Title II)

program at $5.4 billion per year through FY2006,

! H.R. 3224/S.1299, to authorize $1.9 billion for the period FY2001-FY2006

for grants to assist small public water systems in complying with SDWA

standards,

! H.R. 3792, to authorize $25 billion in appropriations for CWA SRFs and

expand the types of eligible projects,

! S. 285, to authorize the use of CWA SRF monies for construction of water

conservation and quality improvements, and

! S. 1044, to provide CWA assistance through grants to states in the

Chesapeake Bay watershed for installing nutrient removal technologies at

wastewater treatment plants.

CRS-4

Table 1. Comparison of Water Infrastructure Legislation

Current Law

S. 1961

H.R. 3930

Adds definitions of “disadvantaged community,”

“disadvantaged user,” and “small treatment works”

to CWA §502. Defines small wastewater treatment

works as those serving a population of 10,000 or

less. (section 101 of S. 1961)

Defines “small treatment works” as those serving a

population of 20,000 or less. (section 127 of H.R.

3930)

Adds definition of “disadvantaged user” to section

SDWA 1452(d). Defines a disadvantaged user as

“a person that meets affordability criteria

established, after public review and comment, by

the state in which the person resides.”

(section 205(a))

No new definitions.

CWA §603(c) provides that eligible assistance

recipients include any municipality,

intermunicipal, interstate, or state agency.

Adds private utilities that principally treat

municipal wastewater or domestic sewage as

eligible recipients for CWA State Revolving Fund

(SRF) assistance. (section 103(c)) If a state includes

private utilities in its needs survey, the state shall

ensure that private utilities are eligible to receive

SRF assistance. (section 103(i))

No comparable CWA language concerning private

utilities.

SDWA §1452(a) and (f) provide that eligible

assistance recipients include privately or publicly

owned community water systems and nonprofit

noncommunity water systems, other than systems

owned by federal agencies.

Specifies that if a state includes the needs of private

utilities in its needs survey, then the state must

ensure that private utilities are eligible to receive

SRF assistance. (section 206)

No comparable provision.

Clarifies that costs for planning, design, associated

No comparable language for costs of planning,

Definitions

Clean Water Act (CWA) definitions are

provided in §502.

Safe Drinking Water Act (SDWA) definitions

generally are provided in §1401. Disadvantaged

community is defined in §1452(d). Small public

water systems are described as systems serving a

population of 10,000 or fewer in §1412(b)(4)(E)

and elsewhere.

Adds definition of “treatment works” to CWA

§502. (section 151)

Recipients Eligible for Assistance

Projects Eligible for Assistance

CWA §603(c) describes types of projects

CRS-5

Current Law

S. 1961

eligible for financial assistance (construction of

publicly owned treatment works, implementation

of a §319 nonpoint pollution management

program, and development and implementation of

a §320 estuary conservation and management

plan)

preconstruction, and necessary siting activities are

eligible for assistance.

design, and preconstruction activities.

Adds water conservation improvement projects;

water reuse, reclamation or recycling projects;

projects to increase facility security; and measures

to control municipal stormwater to list of types of

eligible projects.

Adds lake protection projects (CWA §314),

decentralized wastewater treatment systems,

municipal stormwater runoff measures, water

conservation, treatment works security measures,

watershed development and implementation

projects (CWA §121) to list of eligible projects.

(section 123(a))

Eligible projects may use one or more

nontraditional approaches (e.g., land conservation,

decentralized wastewater treatment innovations,

other nonpoint best management practices) (section

103(c))

SDWA §1452(a)(2) states that funds may be

used only for expenditures that the Administrator

has determined will facilitate compliance with

SDWA regulations or significantly further

SDWA’s health protection objectives.

§1452(k) authorizes states to use up to 15% of the

capitalization grant (not more than 10% for any 1

activity) to provide loans to public water systems

for acquiring conservation easements or land for

source water protection; to provide loans to

community water systems for voluntary source

water protection measures; to provide capacity

development assistance; and to establish and

implement wellhead protection programs.

Expands §1452(a)(2) to allow water systems to use

funds for planning, design, and associated

preconstruction expenditures, and for projects to

consolidate community water systems. Funds may

also be used to provide loans for projects or

activities to increase the security of public water

systems. (section 203)

H.R. 3930

No comparable provision.

Amends §1452(k) to broaden other eligible uses of

SRF funds to include developing and implementing

source water protection programs (including

wellhead protection programs). (section 204(e))

Fund Management

CWA §603(c) requires that CWA SRFs be

maintained and credited with loan repayments and

be maintained in perpetuity.

Requires that CWA SRFs be maintained and

credited with loan repayments and be maintained in

perpetuity. (section 103(c))

Requires that CWA SRFs be maintained and

credited with loan repayments and fees on loan

recipients and be maintained in perpetuity. (section

CRS-6

Current Law

S. 1961

H.R. 3930

122(c))

SDWA §1452(c) requires that SDWA SRFs be

maintained and credited with loan repayments and

interest, and be maintained in perpetuity.

Amounts not needed for current obligation or

expenditure must be invested in interest bearing

obligations.

No additional provisions.

No additional provisions.

Authorizes a water pollution control revolving fund

to make loans at terms not to exceed 30 years, so

long as that period does not exceed the project’s

design life.

Permits state to provide an extended term for a

CWA SRF loan (up to 30 years, so long as that

period does not exceed the project’s design life) to

a project that meets affordability criteria

established by the state. (section 123(b))

Extension of Loans

CWA §603(d) provides that a water pollution

control revolving fund may make loans at terms

not to exceed 20 years.

Permits state to provide an extended term for a

CWA SRF loan to a disadvantaged community (up

to 40 years, so long as that period does not exceed

the project’s design life). (section 103(d))

SDWA §1452(f) provides that a SDWA SRF

may make loans at terms not to exceed 20 years.

Exception: a state may extend the term of a loan

to as much as 30 years for disadvantaged

communities, provided the term does not exceed

the project’s design life.

Funds may be used to make loans at terms not to

exceed 30 years; the term may not exceed the

project’s design life.

No additional provisions.

Permits a state to provide an extended term for a

loan to a disadvantaged community (up to 40 years,

provided that the term does not exceed the project’s

design life). (section 204(c))

Additional Subsidization

CWA §603(d) permits states to make loans at or

below market interest rates, including interest free

loans. CWA has no existing provisions for

additional subsidization or forgiveness of loans.

Authorizes states to provide additional

subsidization from a CWA SRF, including

forgiveness of principal, to treatment works for use

in developing technical, managerial, and financial

capacity or for projects using non-traditional

Authorizes states to provide additional

subsidization from a CWA SRF, including

forgiveness of principal and negative interest

loans, to projects to benefit a municipality that

meets the state’s affordability criteria. Also may

CRS-7

Current Law

S. 1961

H.R. 3930

approaches. Authorizes states to provide additional

subsidization, including forgiveness of principal,

for projects in disadvantaged communities.

(section 103(d)(4))

provide subsidization to implement alternative

processes or techniques that may result in cost

savings or increased environmental benefits.

Authorizes states to provide additional

subsidization, including forgiveness of principal, to

be directed through the user charge rate system or

similar program to disadvantaged users within the

community’s residential user class of the

community. Subsidization under this provision

may not exceed 15% of the state’s capitalization

grant in that year. (section 103(d)(4))

Total amount of subsidization provided by a state

may not exceed 30% of its capitalization grant.

Additional subsidization under these 3 provisions

may not exceed 30% of the state’s capitalization

grant in that year. (section 103(e)(2))

A disadvantaged user may not receive additional

subsidization under both the provision concerning

user charge system subsidization and subsidized

assistance of treatment works project costs. (section

103(d)(4))

State also may provide additional subsidization to

municipalities that do not meet affordability

criteria if the municipality seeks to benefit

individual ratepayers in the residential user rate

class and ensures that this subsidization will be

directed through a user charge rate system to such

ratepayers.

Directs states to establish affordability criteria by

Sept. 30, 2003. EPA may provide information to

assist states in establishing criteria.

No comparable set-aside provision.

Set-aside: In any year when CWA SRF

appropriations exceed $1.4 billion, a state shall set

aside 25% of the difference between its

capitalization grant and its proportionate share of

$1.4 billion to provide additional subsidization.

(section 123(e))

CRS-8

Current Law

S. 1961

SDWA §1452(d) authorizes states to provide

additional loan subsidization, including

forgiveness of principal, for projects in

disadvantaged communities.

The total amount of loan subsidies may not

exceed 30% of the state’s capitalization grant for

that year. Defines ‘disadvantaged community’ as

the service area of a system that meets

affordability criteria set by the state. EPA may

publish information to assist states in establishing

these criteria.

Amends §1452(d)(1) to authorize states to use 15%

of the capitalization grant to provide additional

subsidization for communities not defined as

disadvantaged if the recipient demonstrates and

documents to the state that the added subsidization

is directed through the user charge rate system to

disadvantaged residential users.

EPA may provide information to assist states in

identifying disadvantaged users. A disadvantaged

user within a community that receives assistance as

a disadvantaged community is not eligible for this

additional subsidization.

(section 205(a))

H.R. 3930

No comparable provision.

Financial Assistance to Small Systems from the SRF

CWA - no existing provision

SDWA §1452(a)(2) requires that 15% of the

amount credited to a state SDWA SRF in any

fiscal year must be available for providing loan

assistance to systems serving fewer than 10,000

persons, to the extent such funds can be obligated

for eligible projects.

No comparable provision.

Directs states, beginning in FY2004, to use at least

15% of CWA capitalization grants to assist

municipalities with population less than 20,000, if

there are sufficient applications for assistance.

(section 122(c))

No additional provision.

No additional provision.

Technical Assistance to Small Systems from the SRF

CWA - no existing provision

Authorizes states to provide CWA SRF assistance

to small treatment works for technical and planning

assistance and for assistance in financial

management, user fee analysis, budgeting, repair

scheduling and other similar activities. Amounts

shall not exceed 2% of capitalization grant awards

Authorizes states to provide CWA SRF assistance

to small treatment works in financial management,

user fee analysis, capital improvement planning,

operation and maintenance, repair schedules.

Amounts shall not exceed 2% of capitalization

grant awards to the fund. (section 123(d))

CRS-9

Current Law

S. 1961

H.R. 3930

to the fund. (section 103(d)(4))

EPA shall assist states in establishing simplified

procedures for small treatment works to obtain

CWA SRF assistance and shall publish a manual to

assist such systems in obtaining assistance.

(section 127)

No additional provision.

No additional provision.

CWA - no existing provision, but §104(b)

generally authorizes EPA to support or conduct

various types of research, investigations, and

training.

Modifies CWA §603 to authorize EPA to make

grants to qualified nonprofit providers for technical

assistance to small wastewater treatment works

(located in rural areas and serving fewer than 3,300

users) in planning, developing, and obtaining

financing for eligible projects. Authorizes $7

million per year for FY2003-2007. (section 103(h))

Modifies CWA §104(b) to authorize EPA to make

grants to nonprofit organizations concerning

assistance to rural and small municipalities,

publicly owned treatment works and decentralized

wastewater treatment systems concerning

planning, design, financing, construction and

operation of wastewater treatment works.

Authorizes not less than $15 million per year for

FY2003-2007. (section 111)

SDWA §1452(q) authorizes EPA to reserve up

to 2% of the SRF appropriation to provide

technical assistance to small systems; the total

amount provided may not exceed the amount

authorized under §1442(e) (regarding small

system technical assistance and training).

No additional provision.

No additional provision.

No additional provision.

No additional provision.

SDWA §1452(g)(2) authorizes states to use 2%

of their capitalization grant to provide technical

assistance to public water systems serving 10,000

or fewer persons. (See section below.)

EPA Technical Assistance Grants

SDWA §1442(e) authorizes EPA to provide

technical assistance to small systems through

circuit-rider and regional technical assistance

programs. Assistance may go to nonprofit

organizations. Authorizes $15 million for each of

FY1997-FY2003.

CRS-10

Current Law

S. 1961

H.R. 3930

CWA §603(d) allows a state to reserve up to 4%

of its capitalization grant to cover the reasonable

costs of administering the SRF.

Increases allowed CWA reservation for

administrative costs to 6% beginning in FY2003.

(section 103(d)(5))

Increases allowed reservation for administrative

costs to $400,000, or 1/5 percent per year of the

current valuation of the state’s SRF, whichever is

greater. (section 123(c))

SDWA §1452(g)(2) allows a state to use up to

4% of its capitalization grant to cover the

reasonable costs of administering programs under

§1452 and to provide technical assistance to

public water systems.

Increases allowed SDWA reservation for

administrative costs to 6%.

(section 305(b)(1))

No additional provisions

CWA §604(b) directs states to reserve 1% of

sums allotted under Title VI to carry out specified

planning activities.

Increases reservation of funds for planning to 2% of

allotted sums. (section 103(j))

No comparable provision.

SDWA - no provision

No provision.

No provision.

State Administrative Costs Set-Aside

This section further authorizes states to use up

to an additional 10% of their capitalization grant

to administer public water system supervision

programs, to administer or provide technical

assistance through source water protection

programs, to develop and implement capacity

development strategies, and for operator

certification programs. For these purposes, states

must provide a dollar for dollar match of funds.

Reservation of Funds for Planning

Cross-cutting Program and Federal Requirements

CWA §602(b)(6) attaches 16 specific statutory

requirements to projects funded with a

capitalization grant (but not to SRF activity made

from loan repayments or other state monies). All

Eliminates the applicability of some Title II

provisions to projects funded with the CWA SRF

but extends requirements to comply with:

restrictions on funding sewer collector systems

Eliminates the applicability of some Title II

provisions to projects funded with the CWA SRF

but extends requirements to comply with:

restrictions on funding sewer collector systems

CRS-11

Current Law

S. 1961

H.R. 3930

but two are CWA-specific carryover

(“equivalency”) requirements from the previous

CWA Title II construction grant program. Other

cross-cutting federal requirements are:

applicability of the National Environmental

Policy Act and Davis-Bacon prevailing wage

provisions for treatment works construction. The

requirements applied to funds provided through

FY1994.

(CWA §211); applicability of NEPA (CWA

§511(c)); and applicability of Davis-Bacon

prevailing wage requirements (CWA §513). DavisBacon would apply to assistance made from federal

capitalization grants and other monies in the SRF,

including loan repayments. Also modifies CWA

sec. 211 to update limits on sewer collector systems

to those in systems or communities in existence as

of Feb. 15, 2002. (section 103(b))

(CWA §211); cost-effectiveness and value

engineering review (CWA §218); applicability of

NEPA (CWA §511(c)); and applicability of DavisBacon prevailing wage requirements (CWA §513).

Davis-Bacon would apply to assistance made from

federal capitalization grants and other monies in

the SRF, including loan repayments. (section

122(a))

SDWA SRF provisions (§1452) do not specify

federal cross-cutting requirements, but, as with

CWA assistance, a number of federal laws,

executive orders, and government-wide policies

apply by their own terms to projects and activities

receiving federal financial assistance, regardless

of whether a statute authorizing assistance makes

them applicable. Several apply only to the state as

a grant recipient. All projects for which the state

provides SDWA SRF assistance in amounts up to

the amount of the capitalization grant must

comply with cross-cutters; amounts greater than

this are not subject to cross-cutters. §1450(e)

directs EPA to take such action as may be needed

to assure compliance with the Davis-Bacon Act.

Rewrites SDWA §1450(e) to expressly apply

Davis-Bacon to all construction projects financed in

whole or in part, and by any form of assistance

provided under SDWA (including assistance

provided from state drinking water SRFs). (section

202)

No comparable provision.

Adds a requirement that CWA SRF assistance may

only be provided if the recipient demonstrates and

documents to the state that it has considered

consolidated ownership or management;

cooperative partnerships; and use of methodologies

or technologies that are more environmentally

sensitive. Recipient also must have in effect an

asset management plan. Recipients of funds above

Adds a requirement that, beginning in FY2004,

states shall require as a condition of receiving

CWA SRF assistance that recipients conduct

physical and operational analysis of any system

proposed for repair, replacement, or expansion;

evaluate the cost and effectiveness of innovative

and alternative processes and techniques and select

projects accordingly; analyze the cost and

Requirements for Receipt of Funds

CWA §602(b) specifies a number of conditions

for receipt of SRF assistance. (See discussion

above on cross-cutting requirements.)

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$500,000 in any fiscal year also must have in effect

a rate plan to achieve actual cost of service to

customers and which addresses capital replacement

funds. These requirements do not apply to funds

used solely for planning, design, preconstruction

activities, or security measures. (section 103(h))

effectiveness of alternative management and

financing approaches (including rate structures,

consolidation, public-private partnerships); and

implement a plan for maintaining, replacing, and

funding its wastewater infrastructure. (section

122(c))

No comparable provision.

SDWA §1452, like the CWA provisions,

imposes various requirements on recipients of

SRF assistance. §1452(f) further requires that a

loan recipient establish a dedicated source of

revenue (or for privately owned system,

demonstrate adequate security) to repay loan.

Prohibits state from providing CWA SRF

assistance to a municipality unless recipient has or

will adopt a system of charges or dedicated ad

valorem tax sufficient to pay for operation,

maintenance and replacement of the system (note:

this equivalency provision, CWA §204(b)(1)(A),

applied through FY1994 under §602(b)(6)).

(section 122(c))

Amends §1452(f) to further require that a recipient

demonstrate and document to the state that the

recipient considered, during the planning and

engineering phase, consolidating management or

ownership; forming cooperative partnerships; and

using methodologies or technologies that may be

more environmentally sensitive.

A recipient receiving more than $500,000 must

demonstrate and document to the state that it has in

effect a plan to achieve a rate structure that reflects

actual cost of service to customers and that

addresses capital replacement funds, and has in

effect an asset management plan. These

requirements do not apply to assistance used for

planning, design, or security measures. (section

204(c))

No comparable provision.

Prohibits state from providing CWA SRF assistance

No comparable provision.

No Assistance for Systems in Noncompliance

CWA - no existing provision

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(except for planning, design, or security purposes)

to a treatment works that is in significant

noncompliance with the CWA. Such treatment

works may receive assistance if it has entered into

an enforceable administrative or judicial order to

effect compliance or if assistance would enable the

treatment works to take sufficient corrective action.

(section 103(h))

SDWA §1452(a)(3) provides that no assistance

may be made to a system that is in significant

noncompliance. However, such systems may

receive assistance if the assistance will ensure

compliance and the system considers

restructuring, if the state determines that

restructuring measures are needed to ensure the

system’s compliance capacity. (See following

discussion.)

No additional provision.

No additional provision.

Technical, Managerial, and Financial Capability Requirements for Assistance

CWA - no existing provision, however CWA

§201(o) directed EPA to encourage and assist

applicants for construction grants assistance to

develop capital financing plans. CWA

§204(b)(1)(B) required that, to receive funding, an

applicant must have legal, institutional,

managerial, and financial capability to ensure

adequate construction, operation and maintenance

of the treatment works. These “equivalency”

provisions applied to SRF assistance, under CWA

§602(b)(6), through FY1994.

Modifies CWA to require states to implement

within 3 years a strategy to assist wastewater

treatment works in attaining and maintaining

technical, managerial, operations, maintenance, and

capital investments and in meeting and sustaining

compliance with applicable federal and state laws.

The state shall include a description of how it will

use its resources and authorities to assist treatment

works in attaining and maintaining technical,

managerial, and financial capacity.

Beginning 4 years after enactment, states shall

require treatment works to demonstrate and

document to the state adequate technical,

managerial, and financial capacity including, for

Reinstates the equivalency provision of CWA

§204(b)(1)(B) to require that recipients of

assistance have the legal, institutional, managerial,

and financial capability to ensure adequate

construction, operation, and maintenance of the

treatment works. (section 122(c))

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H.R. 3930

systems that receive more than $500,000 in

assistance in any fiscal year, implementation of an

asset management plan. Does not apply to funds

for planning, design, or security purposes. (section

103(h))

Requires states to report annually to EPA on

progress made in improving the technical,

managerial, and financial capacity of treatment

works in the state. (section 103(k))

SDWA §1420 requires states to establish

capacity development strategies to assist systems

in developing and maintaining technical,

financial, and management capacity to comply

with drinking water regulations.

§1452(a)(1)(G) requires EPA, starting in FY1999,

to withhold 20% of a state’s capitalization grant

unless the state has obtained legal authority to

ensure that new systems demonstrate technical,

managerial, and financial capacity to comply with

SDWA regulations. EPA must withhold 10% in

FY2001, 15% in FY2002, and 20% in FY2003

unless a state is developing and implementing a

strategy.

SDWA §1452(a)(3) provides that no assistance

may be made to a system that lacks the technical,

managerial, and financial capacity to ensure

SDWA compliance or is in significant

noncompliance.

§1452(a)(3)(B) provides that these systems may

receive assistance if the assistance will ensure

compliance and the system considers restructuring

No additional provision.

No additional provision.

No additional provision.

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Current Law

(operational changes including ownership,

management, accounting, rates, maintenance,

alternative water supply, consolidation, etc.), if

the state determines the measures are needed to

ensure the system will have compliance capacity

over the long term.

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Amends §1452(a)(3)(B) to include in the list of

restructuring measures to be considered by a

system: the formation of regional partnerships.

(section 204(a))

Consistency with Planning Requirements

CWA §204(a) required that grants under

previous Title II construction grants program

could only be made if a proposed project was

included in and in conformity with applicable

regional and state water quality plans. This

“equivalency” requirement applied to SRF

assistance, under CWA §602(b)(6), through

FY1994.

SDWA - no existing provision

Requires states to ensure that applicants for

financial assistance from the CWA SRF

demonstrate and document to the state that they will

consult and coordinate with local land use planning

agencies, regional transportation planning agencies,

and agencies responsible for watershed plans.

(section 103(f))

No additional provision.

Requires applicants for financial assistance from

the SDWA SRF to demonstrate and document to

the state that they will consult and coordinate with

agencies responsible for developing local land use

plans, regional transportation plans, and watershed

plans. (section 204(d))

No comparable provision.

Updates the CWA priority list requirement from the

Act’s Title II construction grants program.

Requires each state to develop and periodically

update a project priority system for use in

prioritizing SRF projects, taking into consideration

chemical, physical and biological data that are

reasonably available and are of sufficient quality

and providing opportunity for public input. State

shall biennially publish a summary of projects

eligible for assistance (i.e., treatment works and

Updates the CWA priority list requirement.

Requires states to establish or update a list of

projects and activities for which SRF assistance is

sought, using a listing methodology each state

shall establish. States shall seek to achieve the

greatest degree of water quality improvement and

consider whether improvements would be realized

without SRF assistance. (section 125(a))

Priority System Requirement

CWA §216 authorizes states to determine the

priority of specific projects to be funded.

Identifies categories of eligible treatment works

projects that states may include on priority list.

If the state does not fund projects and activities in

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H.R. 3930

other projects), including a project’s priority and

anticipated funding schedule. (section 103(g))

the order on the priority list, it must provide an

explanation of the change. (section 125(b))

No additional provision.

No additional provision.

CWA §606(c) requires each state to annually

prepare a plan identifying the intended uses of

amounts available in its SRF and describing how

those uses support the goals of the SRF.

Modifies CWA §606(c) to require that states

provide for significant public outreach of the

Intended Use Plan and that the Plan include a

summary of priority projects to be funded from the

SRF in that year. (section 103(k))

No additional provision.

SDWA §1452(b) requires each state, after

providing for public review and comment, to

annually prepare a plan identifying the intended

uses of amounts available in its SRF, including

criteria and methods for distributing funds and a

description of the financial status and goals of the

fund.

Modifies §1452(b) to require states to provide for

“significant public outreach” before preparing the

Intended Use Plan. (section 204(b))

No additional provision.

Revises CWA allotment for FY2003-2007. Moves

towards allotment based solely on needs (needs

formula means allotment in accordance with each

state’s proportional share of total needs, but

excluding needs for nonpoint pollution control

projects; no state receives less than 0.7% of total

funds). For total funds (appropriations) up to $1.35

billion, the following allotment applies: FY2003,

Current CWA allotment formula shall apply in

FY2002 and FY2003. Beginning in FY2004,

appropriated amounts up to $1.35 billion shall be

allotted under the current allotment formula.

Amounts that exceed $1.35 billion shall be allotted

according to a needs-based formula to be

developed by EPA; no minimum state share

specified. (section 124)

SDWA §1452(b)(3) requires states to develop

Intended Use Plans for SRF funds, giving priority

to using funds for projects that: address the most

serious risks; are needed to ensure compliance,

and assist systems most in need on a per

household basis.

(See discussion under following section).

Intended Use Plan

Allotment

CWA §205(c)(3) provides a state-by-state

formula for annual allotment of available funds.

This formula, in effect since 1987, combines

population and need factors. No state receives

less than 0.4965% of available funds (except for

territories, which generally receive smaller

shares).

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50% existing §205(c)(3) formula, 50% needs

formula; FY2004, 37.5%/62.5% existing

formula/needs formula; FY2005, 25%/75% existing

formula/needs formula; FY2006, 12.5%/87.5%

existing formula/needs formula. Beginning in

FY2007, all funds shall be allotted in accordance

with each state’s proportional share of needs.

Includes a complex “hold harmless” exception

formula so that no state gains or loses more than

20% compared with the preceding year’s allocation.

For funds greater than $1.35 billion, funds shall be

allotted in accordance with each state’s proportional

share of total needs. Small state protection: no

small state shall receive less than 1% of available

funds (defined as state that would receive more than

1% under existing formula in FY2002 but with

reported needs of less than 0.7%). Allocates a total

of 0.25% of available funds among Guam, Virgin

Islands, American Samoa, Commonwealth of

Northern Mariana Islands, to be allotted by EPA.

(section 103(i))

SDWA §1452(a)(D) requires that funds are

allotted to the states based on a formula that

reflects the proportional share of each state’s

needs identified in the most recent needs survey

(conducted every 4 years). The minimum share

for each state and District of Columbia is 1% of

available funds; territories receive up to 0.33%.

No additional provision.

No additional provision.

Authorizes CWA SRF capitalization grants as

follows: $3.2 billion in each of FY2003 and

FY2004, $3.6 billion in FY2005, $4 billion in

Authorizes CWA SRF capitalization grants as

follows: $2 billion in FY2003, $3 billion in

FY2004, $4 billion in FY2005, $5 billion in

SRF Authorization

CWA §607 authorizes $8.4 billion in

capitalization grants for state revolving funds for

FY1989-94. (Congress has continued to

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H.R. 3930

appropriate SRF capitalization grants since

FY1994. Appropriations for the last 5 years have

been $1.35 billion per year.)

FY2006; and $6 billion in FY2007 - total $20

billion. Reserves $1 million per year for EPA to

pay the costs of conducting needs surveys. (section

103(k))

FY2006, $6 billion in FY2007 - total $20 billion.

(section 128)

SDWA §1452(m) authorizes SRF capitalization

grants: $599 million for FY1994, and $1 billion

for each of FY1995-FY2003 - total $9.59 billion.

Authorizes SDWA SRF capitalization grants as

follows: $1.5 billion in FY2003; $2 billion in each

of FY2004 and FY2005; $3.5 billion in FY2006;

and $6 billion in FY2007 - total $15 billion.

Reserves $1 million per year to pay the costs of the

needs survey. (section 208)

No comparable provision.

Cross-collateralization between CWA & SDWA SRFs

CWA - no existing provision, but

FY1998 and FY1999 EPA appropriation laws

allow states to combine assets of CWA and

SDWA SRFs as security for bond issues to

enhance the lending capacity of one or both SRFs.

Modifies CWA §603 to permit a state to transfer up

to 33% of a CWA capitalization grant to its SDWA

SRF and vice versa. (section 305(a))

No comparable provision.

§302 of the SDWA Amendments of 1996 (P.L.

104-182) authorized a state, prior to FY2002, to

transfer up to 33% of the SDWA SRF

capitalization grant to the CWA SRF or an

equivalent amount from the CWA SRF to the

SDWA SRF.

Adds this provision as a permanent authority under

SDWA §1452(g).

(section 305(b)(2))

No comparable provision.

Increases CWA funds reserved for Indian Tribes to

not less than 0.5% or more than 1.5% of funds

available under §207. (section 102)

Same as S. 1961. (section 152)

SRF Set-Aside for Indian Programs

CWA §518 authorizes the EPA Administrator to

reserve 0.5% of funds appropriated under §207

for developing waste treatment management plans

and construction of sewage treatment works to

serve Indian tribes. Appropriations laws since

FY2001 have reserved 1.5% of CWA SRF

appropriated funds for Indian tribes.

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Current Law

SDWA §1452(i) authorizes EPA to reserve

1.5% of the SRF appropriation for grants to

Indian Tribes and Alaska Native villages.

S. 1961

H.R. 3930

No additional provision.

No additional provision.

Amends the SDWA to add new Subpart G to

establish within EPA a small public water system

assistance program for eligible entities within states

and areas governed by Indian Tribes.

For purposes of this program, defines “eligible

entity” to include a small system that serves an

economically disadvantaged community or a

community that could become economically

disadvantaged, or incurs more than $3 million in

costs in complying with SDWA regulations; and

systems in certain specified locations.

Defines small public water systems as community

and noncommunity water systems that serve

populations of 15,000 or fewer persons. (section

213)

No comparable provision.

Directs the EPA to provide grants to eligible

systems for activities that: address the most serious

health risk from lack of compliance; are needed to

ensure compliance; and assist communities most in

need, based on median household income, under

affordability criteria established by the state (or

EPA for entities in Tribal areas). EPA must also

consider giving priority to activities carried out by

communities that form management cooperatives.

For entities in Tribal areas, EPA and the Indian

Health Service must develop an annual list of

eligible activities based on the above priorities.

(section 213)

No comparable provision.

Small Drinking Water System Grant Program

1. Establishment of Small System Grant Program

CWA - not applicable

SDWA - no provision

2. Program priorities

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H.R. 3930

3. Technical assistance

Requires EPA to use at least 1.5% of the available

funds to provide grants to nonprofit technical

assistance organizations to be used to assist eligible

entities in: assessing needs; identifying additional

funding sources to meet cost-sharing requirements;

planning, implementing and maintaining activities

that receive funding. Entities may use no more than

5% of their grant for such technical assistance.

(section 213)

No comparable provision.

4. Funding for Indian Tribes

Requires EPA to use at least 3% of funds available

each year to provide grants to eligible entities

located in areas governed by Indian Tribes. (section

213)

No comparable provision.

5. Limitations on assistance

Grants may not be provided if EPA determines that

an entity lacks the technical, managerial,

operations, maintenance, or financial capacity to

ensure compliance or is in significant

noncompliance with a drinking water regulation,

unless EPA determines that the grant will ensure

compliance and other specified conditions are met.

(section 213)

No comparable provision.

6. Cost share

Provides that the share of the total cost of an

activity funded by a grant generally may not exceed

80%; EPA may waive this requirement, partially or

completely, as needed. (section 213)

No comparable provision.

7. Reports

Requires EPA to report annually, for FY2003-2007,

to the Senate Committee on Environment and

Public Works and the House Committee on Energy

and Commerce. The reports must list the activities

receiving funds, identify the number and amounts

of grants awarded and the grant recipients. (section

213)

No comparable provision.

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Current Law

8. Authorization of Appropriations

S. 1961

H.R. 3930

Authorizes for this program $1 billion for each of

FY2003-2007. (section 213)

No comparable provision.

No provision.

No provision.

Amends §1420(f) to broaden the duties of the

centers to include: technology verification, and

testing of innovative technologies. Directs EPA, at

least every 2 years, to review and evaluate this

program. If EPA determines that a center is not

carrying out its duties, EPA must notify the center

and, within 180 days of the notice, may stop

funding the center. Authorizes $6 million for each

of FY2003-FY2007. (section 207(a))

No comparable provision.

No provision.

No provision.

Extends authorization of $2 million per year for

FY2003-FY2007.

(section 207(b))

No comparable provision.

Reaffirms CWA §101(g) for the purposes of this act

(S. 1961) and states that nothing in this act impairs

or affects any right or jurisdiction of a state with

No comparable provision.

Small System Technology Assistance Centers

CWA - no existing provision

SDWA §1420(f) authorizes EPA to make grants

to institutions of higher learning to establish and

operate small public water system technology

assistance centers. Duties of the centers include

providing training and technical assistance to

small systems and systems that serve Indian

Tribes.

Authorizes $2 million for each of FY1997FY1999 and $5 million for each of FY2000FY2003.

Environmental Finance Centers

CWA - no existing provision

SDWA §1420(g) requires EPA to provide initial

funding for 1 or more university-based

environmental finance centers to provide

technical assistance to state and local officials in

developing the financial and managerial capacity

of public water systems.

Authorizes $1.5 million for each of FY1997FY2003 to implement this program.

Miscellaneous

1. States’ rights

CWA §101(g) states policy of Congress that the

CRS-22

Current Law

S. 1961

authority of states to allocate quantities of water

within their jurisdiction shall not be superseded,

abrogated, or otherwise impaired by this Act.

respect to the water of the state or supersedes or

abrogates state with respect to allocating quantities

of water or any right to quantity or use of water

established by a state. (section 502)

H.R. 3930

SDWA §1427(l) (sole source aquifer protection)

states that nothing under this section affects rights

to quantities of water set by interstate compacts,

Supreme Court decrees or state water laws, or

requirements or rights under federal or state

environmental laws.

No comparable provision.

Authorizes $250 million per year for FY2003-2007

for CWA §106. (section 112)

SDWA §1443 authorizes $100 million for each

of FY1997-FY2003 for grants to states to

administer public water system supervision

programs.

No additional provision.

No additional provision.

3. Federal review oversight

No comparable provision.

Authorizes EPA to allow a state to certify its

compliance with CWA Title VI for purposes of

this review. (section 126)

No additional provision.

No additional provision.

2. State management assistance

CWA §106 authorizes grants to states to assist

management of state water pollution control

programs.

CWA §606(e) requires EPA to conduct annual

oversight review of a state’s Intended Use Plan.

SDWA §1452(r) directs EPA to assess the

effectiveness of SRFs through FY2001 and report

to Congress.

Demonstration Program for Water Quality Enhancement and Management

CWA - no existing provision

SDWA - no existing provision

Directs EPA to establish a nationwide

demonstration program of 10 projects per year to

promote innovations in technology and alternative

approaches to water quality management or water

No comparable provision.

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H.R. 3930

supply and reduce municipalities’ costs to comply

with the CWA and SDWA. Specifies criteria for

selection of municipalities to carry out projects and

types of projects relating to e.g., excessive nutrient

growth, lack of alternative water supply, sewer

overflows, problems with naturally-occurring

constituents. Non-federal share of project costs

shall be at least 20%. Authorizes $20 million per

year for FY2003-2007. Also directs EPA to carry

out a grant program for research and development

on innovative and alternative technologies for water

quality or drinking water supply; authorizes $20

million per year for FY2003-2007. (section 302)

Rate Study

CWA - no existing provision

SDWA - no existing provision

Directs the National Academy of Sciences to

prepare a study of the public water system and

treatment works rate structures in U.S.

communities. The study shall address issues

including existing rate practices, extent to which

rates include cost of service and infrastructure

replacement, standards for affordability, rates in

disadvantaged communities, successful incentive

rate systems, and recommended industry practices

for use in establishing rate structures. The study

shall be completed within 2 years. (section 303)

No comparable provision.

Streamlining the SRF Application and Review Process

CWA - no existing provision

SDWA - no existing provision

Directs the EPA Administrator to identify ways to

streamline and improve the application and review

process for CWA SRF and SDWA SRF assistance

and to submit a report to Congress. (section 304)

No comparable provision.

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H.R. 3930

Water Resource Planning

CWA - no existing provision

SDWA - no existing provision

Directs the U.S. Geological Survey to do a 2-year

study assessing the state of water resources in the

U.S. to provide indicators of the status and trends of

fresh water in rivers and reservoirs, groundwater

levels and volumes, and freshwater withdrawals.

The Secretary of the Interior in coordination with

federal agencies shall publish a list of water

resources research priorities focusing on monitoring

and improving the quality of information available

to water resource managers. The Secretary also

shall coordinate a system to communicate water

resource information to decisionmakers, the private

sector, and the general public. Authorizes $3

million per year for FY2003-2007. (sections 401405)

No comparable provision.

Adds new §701 to the CWA. Directs EPA to

establish a competitive program of grants to states

and municipalities to upgrade nutrient removal

technologies of wastewater treatment works with

permitted design capacity to treat 500,000 gallons

or more of wastewater per day. Federal share of

project costs shall not exceed 55%. Authorizes

$100 million annually for FY2003-2007. Funds

only available in years when Title VI appropriations

exceed $1.35 billion. (section 501)

No comparable provision.

Authorizes appropriations of $250 million annually

for FY2004-2007 for this program. Makes a

technical correction to redesignate this provision as

CWA §122. (section 103(m))

No comparable provision.

Nutrient Control Technology Program

CWA - no existing provision

Wet Weather Watershed Projects

CWA §121, Sewer Overflow Control Grants,

authorized $750 million in FY2002-2003 in grants

for intercepting, transporting, controlling or

treating municipal combined or separate sewer

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Current Law

S. 1961

H.R. 3930

overflows.

Preservation of Reporting Requirements

No comparable provision.

Extends requirement for various CWA reports,

e.g., Great Lakes research needs, National Estuary

Program activities, Great Lakes Water Quality

Agreement implementation, state water quality

reports, requirements and costs of water pollution

control. (section 201)

CWA - no existing provision

No provision.

No provision.

SDWA - Section 1443(d)(4) authorizes EPA to

provide assistance to New York State for

demonstration projects supporting the watershed

program to protect the quality of source waters of

New York City’s water supply. Authorizes $15

million for FY1997-FY2002; federal assistance

may not exceed 50% of program costs.

Reauthorizes the New York City watershed

protection program to provide $25 million annually

for FY2003-FY2007. (section 201)

The Federal Reports Elimination and Sunset Act

of 1995 (P.L. 104-66) authorized elimination of

numerous agency reports to congressional

committees at the end of 1999 unless Congress

acted to continue specific reports.

New York City Watershed Protection Program

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