[Congressional Record Volume 148, Number 19 (Thursday, February 28, 2002)]
[Senate]
[Pages S1347-S1348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      WATER INVESTMENT ACT OF 2002

  Mr. SMITH of New Hampshire. Madam President, I am pleased to join my 
colleagues on the Environment & Public Works Committee in introducing 
the Water Investment Act of 2002. The introduction of this bill to 
provide clean water for our nation comes in the year that we are 
celebrating the 30th anniversary of the Clean Water Act. When I became 
chairman of the committee in 1999, one of my top priorities was a 
renewed commitment to our nation's water systems and the Americans 
served by them. Since that time, the committee has held a number of 
hearings, both at the subcommittee level, chaired by my good friend 
from Idaho, Senator Crapo, and at the full committee level. I am 
pleased that Senators Jeffords and Graham have continued to make this a 
priority in their new roles as full committee and subcommittee 
chairmen. Today that effort culminates with the introduction of this 
bipartisan piece of legislation that will address the many water 
infrastructure problems facing our local communities.
  So much of our nation's water infrastructure is aging and in 
desperate need of replacement. Coupled with the aging problem is the 
cost burden that local communities face in order to comply with ever 
increasing State and Federal clean water mandates. This bill addresses 
these problems and makes structural changes to ensure that we avoid a 
national crisis now and in the future.
  I am a strong advocate of limited government and when it comes to 
water infrastructure, I do not believe the primary responsibility of 
financing local water needs lies with the Federal government. I am 
equally adamant, however, that the Federal government shouldn't place 
unfunded mandates on our local communities. This bill recognizes both 
of these principles and strikes a responsible balance. The legislation 
authorizes $35 billion over the next five years in Federal contribution 
to the total water infrastructure need to help defray the cost of the 
mandates placed on communities. This is a substantial increase in 
Federal commitment, but not nearly as high as some would have 
preferred. Even so, this commitment does not come without additional 
responsibilities. When the Clean Water Act was amended by Congress in 
1987, a debate I remember well, we set up a revolving fund so more 
federal money would not be required. The fund would continually revolve 
providing a continual pool of money for water needs. Unfortunately, 
many officials did not meet their commitment to properly plan for 
future needs and what was not to be Federal responsibility became a 
Federal necessity. Now we are faced with a near crisis situation. This 
bill makes certain that we do not go down that road again. The Federal 
government will help to defray the costs of Federal mandates, but with 
the new money comes a new requirement that all utilities do a better 
job of managing their funds and plan for future costs. The Federal 
trough

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will not continue to be filled up every so many years because there is 
a dereliction of responsibility--so that 15 years from now, these 
utilities will not be coming back to Congress looking for an additional 
$57 billion. The bill requires utilities to assess the condition of 
their facility and pipes and develop a plan to pay for the long-term 
repair and replacement of these assets. That plan will include Federal 
assistance, but it will be limited assistance.
  We also make additional structural changes to the law both to address 
financial concerns and to help achieve improved management of these 
water systems. One such change to the Clean Water Act is to incorporate 
a Drinking Water Act provision that allows States, at their discretion, 
to provide principal forgiveness on loans and to extend the repayment 
period for loans to disadvantaged communities. This flexibility will 
provide help to communities struggling with high combined sewer 
overflow cost to secure additional financial help. This bill also 
promotes other important cost saving measures that many communities are 
ready experimenting with throughout the country.
  Finally Madam President, New Hampshire is the midst of our worst 
drought in 50 years. In an effort to help communities facing water 
shortages, this bill directs the U.S. Geological survey to assess the 
state of water resources. The USGS is then to share with localities 
information on water shortages and surplus, planning models and 
streamlined procedures for local interaction with federal agencies 
responsible for water resources. This type of information will be 
helpful to New Hampshire communities facing a severe water shortage.
  I am pleased that Republicans and Democrats worked together to 
introduce this bipartisan bill to address one of the very urgent needs 
of the nation. It will be a tremendous help to many struggling 
communities in New Hampshire and across the country. It is my hope that 
we can move it through the committee process and see it passed by the 
Senate in short order. Madam President, I want to express my 
appreciation to Senator Crapo, who has been my partner in this for over 
two years. I also want to thank Senators Jeffords and Graham for their 
work in getting us to this point--their leadership will be crucial in 
getting this bill to the President's desk.

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