ACWA has released a new analysis of Clean Water Act (CWA) provisions included in the Bipartisan American Affordability and Jobs Act of 2026, released by the U.S. Senate on September 30. The legislation proposes significant amendments affecting CWA Section 304(a) water quality criteria, Section 401 water quality certification, Section 402/NPDES permitting, and Section 404 dredge-and-fill permitting, as well as judicial review of certain CWA actions. ACWA’s analysis summarizes these provisions and examines their potential implications for state CWA programs, with particular attention to proposed changes to state Section 401 certification authority, the extension of maximum NPDES permit terms from five to ten years, and changes affecting federal and assumed state Section 404 programs. The analysis is intended to assist state clean water agencies and other stakeholders in evaluating the legislation as it moves through the congressional process.
BAAJA 2026 - ACWA Analysis of CWA Provisions (20261001)
