A question and answers document on BIL Implementation from the Office of Water
Funding and Congressional Relations Committee
A copy of a letter from the EPA Administrator to Governors on the Water Infrastructure provisions of the Bipartisan Infrastructure Law.
The Association of State Drinking Water Administrators (ASDWA), the Association of Clean Water Administrators (ACWA), the Environmental Council of the States (ECOS), and the Western States Water Council (WSWC), which represent State environmental agencies and programs, strongly support increased funding for drinking water, wastewater, and stormwater infrastructure that protects public health and the environment. However, in order to successfully implement the goals of the Infrastructure Investment and Jobs Act, state environmental programs need increased resources to administer their programs and support new infrastructure investments.
This testimony was submitted to both the House and Senate Subcommittees for Interior, Environment, and Related Agencies on April 30, 2021.
The Association of State Drinking Water Administrators (ASDWA), the Association of Clean Water Administrators (ACWA), the Environmental Council of the States (ECOS), the Council of Infrastructure Financing Authorities (CIFA), Western States Water Council (WSWC), which represent State agencies and programs, strongly support increased funding for drinking water, wastewater and stormwater infrastructure that protects public health and the environment. The letter urges Congress to significantly increase funding for water infrastructure, detailing policy priorities to maximize federal investments including flexibility on how and when states spend the money.
The NWPS are an important part of the regulatory system and enable efficient and effective regulatory review of construction and development activities that have a minimal individual and cumulative adverse environmental impacts. NWPS are permits used by the U.S. Army Corps of Engineers (USACE) to permit a wide range of activities that, upon incorporation of identified conditions and mitigation measures, have been determined to result in minimal adverse effects to the environment. NWPS
are useful for project applicants and states because they streamline the permitting processes necessary for approval. However, the states have several concerns, such as the water quality certification process, removal of the 300 linear foot limit for loss of stream bed and pre-construction notice requirements (PCN) with the changes outlined in the proposal and offer the
The purpose of the bill is to reaffirm Congress’ commitment to restore and maintain the chemical, physical and biological integrity of the nation’s waters, as called for in the Clean Water Act (CWA) and to overturn the Trump administration’s WOTUS rule. The legislation directs the EPA and the Army Corps of Engineers to develop a new rule within two years of enactment to prevent degradation of surface water quality; increased contaminant levels in drinking water sources; increased flooding-related risks to human life or property; and disproportionate adverse impacts on minority or low-income populations.
A chart outlining Federal Appropriations and Proposed Budgets for several fiscal years for key Clean Water Act Programs.
ACWA-ECOS joint letter in support of the Clean Water SRF submitted to House Transportation and Infrastructure Subcommittee on Water Resources and the Environment
States are the primary authority for allocating, administering, protecting, and developing water resources, and they are primarily responsible for water supply planning within their boundaries. States have the ultimate say in the management of their water resources and are best suited to speak to the unique nature of western water law and hydrology. Under the Clean Water Act (CWA), Congress deliberately preserved states’ authority to manage and protect their water resources by establishing a system of cooperative federalism through which states serve as co-regulators for the implementation and enforcement of federal statutory programs. CWA Section 401 represents a critical state authority which protect states’ authority over water resources and ensures that states have a meaningful role in the certification of federal permits and licenses for projects that may affect water quality in a state.The CWA Section 401 Process Improvements have been developed in collaboration with associations of state officials and are intended to identify possible reforms to the water quality certification program that do not compromise or curtail states’ well-established legal authority to manage and protect their water resources. As states are co-regulators with the federal government in administering the CWA, it is critical that states be afforded early, meaningful, substantive, and ongoing consultation in the development of any changes to the Section 401 program or to the balance of state and federal authority under the statute.