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Summary:
In the 108th Congress, key drinking water issues are likely to involve water infrastructure funding and drinking water problems caused by specific contaminants, such as the gasoline additive methyl tertiary butyl ether (MTBE) and perchlorate. Congress last reauthorized the Safe Drinking Water Act (SDWA) in 1996, and although funding authority for most SDWA programs expires in FY2003, broad reauthorization efforts are not expected as EPA, states, and water utilities remain busy implementing the 1996 amendments. The 108th Congress has renewed efforts to address drinking water contamination by MTBE. On April 11, the House passed H.R. 6, a broad energy bill that authorizes appropriations from the Leaking Underground Storage Tank (LUST) Trust Fund to remediate MTBE contamination. The Senate Environment and Public Works Committee has approved two bills (S. 195 and S. 791) that, among other purposes, authorize funding for remediation and prevention of MTBE leaks. Major drinking water issues in the 107th Congress included drinking water infrastructure funding and the security of water supplies. In addition, numerous bills were introduced targeting specific contaminants of concern, especially arsenic and MTBE. The 107th Congress addressed drinking water security in the Bioterrorism Preparedness Act (P.L. 107-188), which amended SDWA to require community water systems to conduct vulnerability assessments and prepare emergency response plans. Drinking water security remains a priority, and the 108th Congress may be interested in overseeing implementation of these provisions and other efforts to improve water security. A continuing issue concerns the availability of funding for infrastructure projects needed by public water systems to comply with SDWA rules and to meet other needs. Congress authorized a drinking water state revolving fund (DWSRF) program in 1996 to help communities finance projects needed to comply with SDWA standards. However, studies suggest that a significant funding gap exists and will continue to grow as SDWA requirements increase and infrastructure ages. During the past Congress, concern over the potential cost of the revised arsenic standard blended into the larger debate over the federal role in assisting communities with financing drinking infrastructure an issue that has become more challenging for Congress in a time of tightened budgets. Legislation to increase funding authority for water infrastructure programs is under discussion. However, in light of funding constraints and large estimated needs, authorizing committees also have been exploring innovative and alternative options for financing water infrastructure projects as a means of helping communities address a wide array of infrastructure needs. A related issue concerns the financial, technical, and managerial capacity of small water systems to comply with the growing number of increasingly complex SDWA regulations. S. 1961, a water infrastructure bill reported last year by the Senate Environment and Public Works Committee, addressed funding and capacity development issues. This legislative approach could be of interest again in this Congress.
