[House Report 110-16]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-16
======================================================================
WATER QUALITY INVESTMENT ACT OF 2007
_______
February 16, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 569]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 569) to amend the Federal Water
Pollution Control Act to authorize appropriations for sewer
overflow control grants, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Water Quality Investment Act of
2007''.
SEC. 2. SEWER OVERFLOW CONTROL GRANTS.
(a) Administrative Requirements.--Section 221(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1301(e)) is amended to read as
follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is insonsistent with the
purposes of this section''.
(b) Authorization of Appropriations.--The first sentence of section
221(f) of such Act (33 U.S.C.1301(f)) is amended by striking
``$750,000,000'' and all follows before the period and inserting
``$250,000,000 for fiscal year 2008, $300,000,000 for fiscal year 2009,
$350,000,000 for fiscal year 2010, $400,000,000 for fiscal year 2011,
and $500,000,000 for fiscal year 2012''.
(c) Allocation of Funds.--Section 221(g) of such Act (33 U.S.C.
1301(g)) is amended to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2008.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2008 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2009 and thereafter.--Subject to subsection
(h), the Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2009 and each fiscal
year thereafter for making grants to States under subsection
(a)(1) in accordance with a formula to be established by the
Administrator, after providing notice and an opportunity for
public comment, that allocates to each State a proportional
share of such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary sewer
overflow controls identified in the most recent survey
conducted pursuant to section 516.''
(d) Reports.--The first sentence of section 221(i) of such Act (33
U.S.C. 1301(i)) is amended by striking ``2003'' and inserting ``2010''.
Purpose of the Legislation
H.R. 569, the Water Quality Investment Act of 2007, amends
section 221 of the Federal Water Pollution Control Act (``Clean
Water Act'') to reauthorize appropriations for grants to
municipalities and States to control combined sewer overflows
and sanitary sewer overflows.
Background and Need for Legislation
Combined sewer systems, which carry both storm water and
sanitary (sewage) flows, and separate sanitary sewer systems
can overflow with untreated waste during wet weather episodes
such as rainfall or snow melts. These combined sewer overflows
(CSOs) and sanitary sewer overflows (SSOs) may also occur
outside of precipitation events because of insufficient system
capacity, poor system design, inadequate maintenance, inflow
from improper connections to the system, and infiltration from
groundwater into deteriorated pipes, among other factors.
CSOs and SSOs present significant public health and safety
concerns because raw sewage can overflow into rivers, lakes,
streets, parks, basements, and other areas of potential human
exposure, adversely impacting public health and the
environment. These discharges are among the major sources
responsible for beach closures, shellfish restrictions, and
exceedances of water quality standards.
According to a December 2001 U.S. Environmental Protection
Agency (EPA) Report to Congress, there are 772 communities
across the United States that have combined sewer systems.
These combined sewer systems have 9,471 built-in relief outlets
designed to prevent wastewater flows in excess of system
capacity from damaging the systems' treatment works, by
allowing wastewater discharges (``overflows'') directly into
nearby streams, rivers, lakes, or estuaries, instead of going
to the treatment works. Combined sewers are found in 31 States
across the U.S. and the District of Columbia. The majority of
combined sewers are located in communities in the Northeast and
the Great Lakes regions, where much of the oldest water
infrastructure in the nation is found. However, combined sewer
overflows have also occurred in the West, including the States
of Washington, Oregon, and California. To eliminate combined
sewer overflows, communities must redesign their sewer systems
to separate sewage flows from stormwater flows or provide
significant additional capacity to eliminate the possibility
that combined flows will exceed the limits of the
infrastructure.
EPA has also estimated that more than 40,000 SSOs per year
occur from the nation's 19,500 separate sanitary sewer systems.
SSOs can have a major impact on human health and the
environment through discharges into neighborhood streets,
parks, individual homeowner basements, and other areas.
CSOs are point source discharges regulated under the Clean
Water Act, and are subject to permitting under the National
Pollutant Discharge Elimination System (NPDES) by EPA or
authorized States. Permits include technology-based standards
determined on a case-by-case basis (rather than categorical
standards) and any appropriate water quality standards. Under
the CSO Control Policy issued by EPA in 1994, communities must
adopt nine minimum controls and must develop long-term control
plans. The CSO Control Policy requires these controls and plans
to be incorporated into an NPDES permit or other enforceable
mechanism that will ensure implementation by the CSO community.
Section 402(q) of the Clean Water Act requires each permit,
order, or decree issued after December 21, 2000, for a
discharge from a municipal combined storm and sanitary sewer to
conform to the 1994 CSO Control Policy.
Correcting these problems is expensive. In its 2000 Clean
Water Needs Survey, EPA estimated the cost to communities of
addressing CSOs to be $50.6 billion, and the cost of addressing
SSOs to be $88.5 billion.
The vast majority of these costs will be borne by local
communities and local ratepayers. Federal assistance has been
small relative to the overall needs to address CSOs and SSOs.
Through June 2006, States have made approximately $5.3 billion
in loans for CSOs from State Revolving Funds (SRFs) and have
made approximately $6 billion in loans to address the
infiltration and inflow into sewer pipes that can cause SSOs.
To provide additional Federal assistance, in 2000, Congress
amended the Clean Water Act to add section 221 (P.L. 106-554).
Section 221 authorized appropriations of $750 million for each
of fiscal years 2002 and 2003 for EPA to make grants to States
and municipalities for controlling CSOs and SSOs. This
authorization was conditioned upon the receipt of at least
$1.35 billion in appropriations for the Clean Water State
Revolving Loan Funds. No funds were appropriated for sewer
overflow control grants in either fiscal year 2002 or 2003.
Reauthorization of appropriations for section 221 provides an
authority to help municipalities and States control combined
sewer overflows and sanitary sewer overflows.
Summary of the Legislation
Section 1. Sewer overflow control grants
Subsection (a) amends section 221(e) of the Clean Water Act
to require that a project that receives assistance under this
section is carried out in accordance with the requirements for
projects receiving assistance from State Revolving Loan Funds
under title VI of the Clean Water Act, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with
the purposes of this section. This section allows States to
implement grants under section 221 in conjunction with a
State's Revolving Loan Fund program.
Subsection (b) amends section 221(f) of the Clean Water Act
to authorize appropriations of $1.8 billion over five years,
providing $250 million in fiscal year 2008, $300 million in
fiscal year 2009, $350 million in fiscal year 2010, $400
million in fiscal year 2011, and $500 million in fiscal year
2012.
Subsection (c) amends section 221(g) of the Clean Water Act
to update the provision for allocation of funds to reflect the
new dates of authorization and reauthorized amounts.
Specifically, consistent with section 221 as originally
enacted, funding in the first year of authorization is to be
used for direct grants by the Administrator to municipalities.
Forsubsequent years, the Administrator will allocate funds to
States, in accordance with a needs-based formula to be established by
the Administrator, and such funds are to be used by States to make
grants to municipalities.
Subsection (d) amends section 221(i) of the Clean Water Act
to change the date that the Administrator is required to
transmit to Congress a report containing recommended funding
levels for grants under this section from December 31, 2003, to
December 31, 2010.
Legislative History and Committee Consideration
The Subcommittee on Water Resources and Environment of the
Committee on Transportation and Infrastructure has held several
hearings on the nation's wastewater infrastructure needs and
the importance of a renewed commitment to addressing these
needs, including funds to address CSOs and SSOs. On March 28,
2001, the Subcommittee held a hearing, entitled ``Water
Infrastructure Needs''. On March 19, 2003, the Subcommittee
held a hearing, entitled ``Meeting the Nation's Wastewater
Infrastructure Needs''. On April 28, 2004, the Subcommittee
held a hearing, entitled ``Aging Water Supply Infrastructure''.
On June 8 and 14, 2005, the Subcommittee held a series of
hearings, entitled ``Financing Water Infrastructure Projects''.
On January 19, 2007, the Subcommittee held a hearing, entitled
``The Need for Renewed Investment in Clean Water
Infrastructure''.
Over the last three Congresses, the Committee on
Transportation and Infrastructure has approved legislation to
reauthorize appropriations for grants to address combined sewer
overflows and sanitary sewer overflows.
In the 108th Congress, the Subcommittee held a legislative
hearing on H.R. 784, the Water Quality Investment Act of 2003,
on July 8, 2004. On July 15, 2004, the Subcommittee adopted by
voice vote an amendment in the nature of a substitute. The
amendment authorized $250 million for each of fiscal years 2005
through 2010. The amendment also made other changes to section
221 to update the authority and to ensure that States may
administer these grants in the same way that they administer
loans from the State Revolving Loan Funds. The Subcommittee
recommended the bill, as amended, favorably to the Committee on
Transportation and Infrastructure, by voice vote. On July 21,
2004, the Committee on Transportation and Infrastructure met in
open session, and ordered the bill, as amended by the
Subcommittee, reported to the House by voice vote (H. Rept.
108-675). No further action was taken on this legislation.
In the 109th Congress, the Committee on Transportation and
Infrastructure met on May 18, 2005, to consider H.R. 624, a
bill to authorize appropriations for sewer overflow control
grants. H.R. 624 was identical to H.R. 784, the Water Quality
Investment Act of 2003, as reported by the Committee in the
108th Congress, with the exception of updating the
authorization years from 2005 through 2010 to 2006 through
2011. The Committee on Transportation and Infrastructure met in
open session and ordered H.R. 624 reported to the House by
voice vote (H. Rept. 109-166). No further action was taken on
this legislation.
Representative Pascrell, Representative Camp, and
Representative Capuano introduced H.R. 569 on January 18, 2007.
This legislation was modeled after H.R. 624, as approved by the
Committee on May 18, 2005, and authorized appropriations of $3
billion over six years for grants to address combined sewer
overflows and sanitary sewer overflows.
On January 31, 2007, the Subcommittee on Water Resources
and Environment considered H.R. 569 and adopted an amendment in
the nature of a substitute by voice vote. The amendment
authorized appropriations of $1.8 billion over five years,
providing $250 million in fiscal year 2008, $300 million in
fiscal year 2009, $350 million in fiscal year 2010, $400
million in fiscal year 2011, and $500 million in fiscal year
2012, and conformed the remainder of the bill to the text of
H.R. 624 from the 109th Congress. The Subcommittee recommended
the bill, as amended, favorably to the Committee on
Transportation and Infrastructure, by voice vote. On February
7, 2007, the Committee on Transportation and Infrastructure met
in open session, and ordered the bill, as amended by the
Subcommittee, reported to the House by voice vote.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
569 reported. A motion to order H.R. 569, as amended, reported
favorably to the House was agreed to by voice vote with a
quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(I) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
control combined sewer overflows and sanitary sewer overflows
through additional planning, design, and construction of
treatment works to intercept, transport, control, or treat CSOs
and SSOs.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 569
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 12, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 569, the Water
Quality Investment Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs), and Lisa Ramirez-Branum (for the
state and local impact).
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 569--Water Quality Investment Act of 2007
Summary: H.R. 569 would authorize the appropriation of
$1.80 billion over the 2008-2012 period for the Environmental
Protection Agency (EPA) to provide grants to municipalities and
states to control overflows of untreated wastewater that can
occur during episodes of wet weather. Such overflows of sewage
can pose a health and safety risk if they flow into rivers,
lakes, and streets. This legislation also would permit states
and municipalities to use the grant money to provide loans for
eligible projects. CBO estimates that implementing this
legislation would cost about $1.45 billion over the next five
years and an additional $0.35 billion after 2012, assuming
appropriation of the authorized amounts. Enacting the bill
would not affect direct spending or receipts.
H.R. 569 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. Enacting this bill would benefit states and
municipalities receiving grant funding to control sewer
overflow; any costs that they might incur would result from
complying with conditions of federal assistance.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that the bill will be enacted in fiscal
year 2007 and that the amounts authorized will be appropriated
for each fiscal year. Estimated outlays are based on historical
spending patterns of similar grant programs. The estimated
budgetary impact of H.R. 569 is shown in the following table.
The cost of this legislation falls within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 250 300 350 400 500
Estimated Outlays.................................................. 125 225 300 360 440
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 569
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Enacting this bill would benefit states and
municipalities receiving grant funding to control sewer
overflow; any costs that they might incur would result from
complying with conditions of federal assistance.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; and Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 569, the Water Quality Investment Act
of 2007, does not contain any congressional earmarks, limited
tax benefits, or limited tariff benefits as defined in clause
9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of
Representatives.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 569 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 221 OF THE FEDERAL WATER POLLUTION CONTROL ACT
SEC. 221. SEWER OVERFLOW CONTROL GRANTS.
(a) * * *
* * * * * * *
[(e) Administrative Reporting Requirements.--If a project
receives grant assistance under subsection (a) and loan
assistance from a State water pollution control revolving fund
and the loan assistance is for 15 percent or more of the cost
of the project, the project may be administered in accordance
with State water pollution control revolving fund
administrative reporting requirements for the purposes of
streamlining such requirements.]
(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to
the same requirements as a project that receives assistance
from a State water pollution control revolving fund under title
VI, except to the extent that the Governor of the State in
which the project is located determines that a requirement of
title VI is inconsistent with the purposes of this section.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section [$750,000,000 for
each of fiscal years 2002 and 2003] $250,000,000 for fiscal
year 2008, $300,000,000 for fiscal year 2009, $350,000,000 for
fiscal year 2010, $400,000,000 for fiscal year 2011, and
$500,000,000 for fiscal year 2012. Such sums shall remain
available until expended.
[(g) Allocation of Funds.--
[(1) Fiscal year 2002.--Subject to subsection (h),
the Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2002 for making
grants to municipalities and municipal entities under
subsection (a)(2), in accordance with the criteria set
forth in subsection (b).
[[(2) Fiscal year 2003.--Subject to subsection (h),
the Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2003 as follows:
[(A) Not to exceed $250,000,000 for making
grants to municipalities and municipal entities
under subsection (a)(2), in accordance with the
criteria set forth in subsection (b).
[(B) All remaining amounts for making grants
to States under subsection (a)(l), in
accordance with a formula to be established by
the Administrator, after providing notice and
an opportunity for public comment, that
allocates to each State a proportional share of
such amounts based on the total needs of the
State for municipal combined sewer overflow
controls and sanitary sewer overflow controls
identified in the most recent survey conducted
pursuant to section 516(b)(1).]
(g) Allocation of Funds.--
(1) Fiscal year 2008.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to
carry out this section for fiscal year 2008 for making
grants to municipalities and municipal entities under
subsection (a)(2) in accordance with the criteria set
forth in subsection (b).
(2) Fiscal year 2009 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year
2009 and each fiscal year thereafter for making grants
to States under subsection (a)(l) in accordance with a
formula to be established by the Administrator, after
providing notice and an opportunity for public comment,
that allocates to each State a proportional share of
such amounts based on the total needs of the State for
municipal combined sewer overflow controls and sanitary
sewer overflow controls identified in the most recent
survey conducted pursuant to section 516.
* * * * * * *
(i) Reports.--Not later than December 31, [2003] 2010, and
periodically thereafter, the Administrator shall transmit to
Congress a report containing recommended funding levels for
grants under this section. The recommended funding levels shall
be sufficient to ensure the continued expeditious
implementation of municipal combined sewer overflow and
sanitary sewer overflow controls nationwide.