About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 2, 2020)

handle is hein.crs/govcpzy0001 and id is 1 raw text is: 




01;                           F ie sea.rch &


April 2, 2020


U.S. Environmental Protection Agency (EPA) Water

Infrastructure Programs and FY2020 Appropriations


The condition of the nation's drinking water and
wastewater infrastructure and associated financing
challenges are perennial subjects of debate and attention in
Congress. Among others, challenges include the ability of
communities especially low-income communities-to
finance projects needed to (1) repair or replace water
infrastructure, much of which has was constructed more
than 50 years ago; (2) comply with new or revised federal
regulatory requirements; and (3) address damage from
natural hazards and improve resiliency to extreme weather
events.



The Further Consolidated Appropriations Act, 2020 (P.L.
116-94), Division D, Title II, included appropriations for
multiple water infrastructure programs administered by the
U.S. Environmental Protection Agency (EPA), particularly
the Clean Water State Revolving Fund (CWSRF) and
Drinking Water State Revolving Fund (DWSRF) programs.
P.L. 116-94 also included appropriations for the Water
Infrastructure Finance and Innovation Act (WIFIA) loan
program, two regional infrastructure grant programs, four
drinking water infrastructure grant programs, and one
wastewater infrastructure grant program. Appropriations for
the CWSRF, DWSRF, and other infrastructure grant
programs are provided within the State and Tribal
Assistance Grants (STAG) account. WIFIA is funded
through a separate account.

As presented in Table 1, Congress appropriated a total of
$2.98 billion for FY2020 for these water infrastructure
programs, or about 1.6% less than the total FY2019 enacted
level of $3.03 billion, prior to rescissions (P.L. 116-6, Titles
II and IV). Also for FY2019, Congress provided $349.4
million in supplemental appropriations for the state
revolving funds (SRFs) in P.L. 116-20. These funds were
provided to areas affected by specified natural disasters. For
FY2020, P.L. 116-113, Title IX, included a supplemental
appropriation of $300 million for wastewater projects at the
U.S.-Mexico border.


The Clean Water Act (CWA) and the Safe Drinking Water
Act (SDWA) authorize two complementary SRF programs
to help publicly owned treatment works and public water
systems finance improvements needed for compliance and
other statutory purposes. The CWSRF provides financial
assistance for infrastructure projects to publicly owned
treatment works and other eligible recipients (33 U.S.C.
§§1381-1387). The DWSRF provides assistance to public
water systems, which may be publicly or privately owned
(42 U.S.C. §300j-12).


In both SRF programs, EPA makes grants to states to
capitalize a state revolving loan fund. Each state must
match 20% of its annual capitalization grant. States are
authorized to use the DWSRF or the CWSRF to provide
primarily subsidized loans to eligible public water systems
or publicly owned treatment works (and other eligible
recipients), respectively. CWSRF financial assistance is
available generally for projects needed for constructing or
upgrading (and planning and designing) publicly owned
treatment works, among other purposes defined in Title 33,
Sectionl383(c), of the United States Code. DWSRF
financial assistance is available for statutorily specified
expenditures and those that EPA has determined, through
guidance, will facilitate SDWA compliance or significantly
further the act's health protection objectives.

Table I. U.S. EPA Water Infrastructure: Enacted
Appropriations for FY2019 and FY2020
        (dollars in millions, not adjusted for inflation)

             Program                   FY2019    FY2020


CWSRF
DWSRF


State and Tribal Assistance Grants (STAG) Account
                               $1,694.0  $1,638.8
                               $1,164.0  $1,126.1


Grants for U.S.-Mexico Border Projects
Grants for Rural and Alaska Native Villages
Grants for Small and Disadvantaged
Communities
Grants for Testing School Water for Lead
Grants for Reducing Lead in Drinking Water
Grants for Drinking Water System
Resilience and Sustainability
Grant for Sewer Overflow and Stormwater


$15.0     $25.0
$25.0     $29.2
$25.0     $25.4


$25.0     $26.0
$15.0     $19.5
None       $3.0


None      $28.0


Water Infrastructure Finance and Innovation Act (WIFIA) Account


WIFIA
Total


  $68.0      $60.0
$3,031.0  $2,981.0


Source: CRS using data from P.L. 1 16-6 (Division E, Titles II and IV)
and P.L. 116-94 (Division D, Title II). This table does not include (I)
supplemental appropriations acts described in the accompanying text,
as these only provided additional funding for specific locations or
narrower types of projects; or (2) grants for technical assistance for
small, rural water systems and treatment works, as described below.

While the SRFs generally provide subsidized loans, states
may use the DWSRF and the CWSRF (under certain


gognpo               goo
               , q
 g
'S
a  X

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most