[Congressional Record Volume 151, Number 36 (Monday, April 4, 2005)]
[Senate]
[Pages S3149-S3151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself, Mr. Bingaman, and Mr. Hagel):
  S. 689. A bill to amend the Safe Drinking Water Act to establish a 
program to provide assistance to small communities for use in carrying 
out projects and activities necessary to achieve or maintain compliance 
with drinking water standards; to the Committee on Environment and 
Public Works.
  Mr. DOMENICI. Mr. President, communities within the State of New 
Mexico and throughout the country will soon be faced with a costly 
situation that was not of their making. Beginning in 2006, Federal 
drinking water regulations established by the EPA will require 
substantial reductions in the amount of arsenic present in that water. 
Today the limit is 50 parts per billion in 2006 it will be 10 parts per 
billion. Arsenic is indeed a poison when ingested at high amounts. It 
is also naturally occurring in much of the groundwater throughout the 
nation. Indeed, in Albuquerque, NM, the natural levels of arsenic are 
around 13 parts per billion. This illustrates the problem that the new 
standards will create.
  The bill that I introduce today recognizes that in some parts of 
America, the burden will be too great for some communities to bear.
  The bill does the following: (1) finds that small communities may not 
have the resources to meet the new arsenic standards and that Federal 
programs are not in place to address the issue; (2) creates a grant 
program for many small communities to help upgrade their water systems; 
(3) ensures that not less than 20 percent of the grant monies go to 
communities with less than 50,000 residents; and (4) authorizes 
appropriations of $1.9 billion for FY2006 and for each year through 
FY2011.
  Let me tell you more about this problem. In New Mexico, the geology, 
the make up of the rocks and dirt, results in relatively high levels of 
arsenic in the groundwater. However, over time, New Mexico residents 
have not experienced higher levels of diseases associated with arsenic.
  Be that as it may, the standard is in our future and many small 
communities throughout New Mexico and the west will not be able to meet 
the resulting financial burden. I am sure that if we have to fix our 
water plants to meet the EPA's new standards, some in villages of 100 
people where they have a small water system and no other water source, 
it will create a significant financial burden. Because of this, I 
believe it is important to aid communities in meeting the coming 
standards.
  The financial burden facing many communities and individuals is 
great. The new standards could cost New Mexico communities between $370 
million and $440 million to improve treatment systems, plus $18 million 
a year in operating costs. Albuquerque, NM, is looking at having to 
spend up to $150 million to come into compliance; Rio Rancho is facing 
$60 million in improvements. Many small communities in New Mexico and 
throughout the west are facing increases in their water

[[Page S3150]]

bills of $50 to $90 a month per individual. I need not say that most 
people cannot afford such an increase.
  Most of the technologies needed for water systems to remain in 
compliance with the new requirements are advanced and will require a 
significant increase in the level of training and expertise of the 
public water system operators in New Mexico and throughout the Nation. 
This legislation will help these communities in upgrading their systems 
and training their people.
  We are forcing communities to comply with drinking water standards 
that many believe will not increase public health. The least we can do 
is help them meet the burden.
  I ask unanimous consent that my statement and the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 689

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Drinking Water 
     Assistance Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) drinking water standards proposed and in effect as of 
     the date of enactment of this Act will place a large 
     financial burden on many public water systems, especially 
     those public water systems in rural communities serving small 
     populations;
       (2) the limited scientific, technical, and professional 
     resources available in small communities complicate the 
     implementation of regulatory requirements;
       (3) small communities often cannot afford to meet water 
     quality standards because of the expenses associated with 
     upgrading public water systems and training personnel to 
     operate and maintain the public water systems;
       (4) small communities do not have a tax base for dealing 
     with the costs of upgrading their public water systems;
       (5) small communities face high per capita costs in 
     improving drinking water quality;
       (6) small communities would greatly benefit from a grant 
     program designed to provide funding for water quality 
     projects;
       (7) as of the date of enactment of this Act, there is no 
     Federal program in effect that adequately meets the needs of 
     small, primarily rural communities with respect to public 
     water systems; and
       (8) since new, more protective arsenic drinking water 
     standards proposed by the Clinton and Bush administrations, 
     respectively, are expected to be implemented in 2006, the 
     grant program established by the amendment made by this Act 
     should be implemented in a manner that ensures that the 
     implementation of those new standards is not delayed.

     SEC. 3. ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS.

       (a) Definition of Indian Tribe.--Section 1401(14) of the 
     Safe Drinking Water Act (42 U.S.C. 300f(14)) is amended in 
     the second sentence by striking ``1452,'' and inserting 
     ``1452 and part G,''.
       (b) Establishment of Program.--The Safe Drinking Water Act 
     (42 U.S.C. 300f et seq.) is amended by adding at the end the 
     following:

          ``PART G--ASSISTANCE FOR SMALL PUBLIC WATER SYSTEMS

     ``SEC. 1471. DEFINITIONS.

       ``In this part:
       ``(1) Eligible activity.--
       ``(A) In general.--The term `eligible activity' means a 
     project or activity concerning a small public water system 
     that is carried out by an eligible entity to comply with 
     drinking water standards.
       ``(B) Inclusions.--The term `eligible activity' includes--
       ``(i) obtaining technical assistance; and
       ``(ii) training and certifying operators of small public 
     water systems.
       ``(C) Exclusion.--The term `eligible activity' does not 
     include any project or activity to increase the population 
     served by a small public water system, except to the extent 
     that the Administrator determines such a project or activity 
     to be necessary to--
       ``(i) achieve compliance with a national primary drinking 
     water regulation; and
       ``(ii) provide a water supply to a population that, as of 
     the date of enactment of this part, is not served by a safe 
     public water system.
       ``(2) Eligible entity.--The term `eligible entity' means a 
     small public water system that--
       ``(A) is located in a State or an area governed by an 
     Indian Tribe; and
       ``(B)(i) if located in a State, serves a community that, 
     under affordability criteria established by the State under 
     section 1452(d)(3), is determined by the State to be--
       ``(I) a disadvantaged community; or
       ``(II) a community that may become a disadvantaged 
     community as a result of carrying out an eligible activity; 
     or
       ``(ii) if located in an area governed by an Indian Tribe, 
     serves a community that is determined by the Administrator, 
     under affordability criteria published by the Administrator 
     under section 1452(d)(3) and in consultation with the 
     Secretary, to be--
       ``(I) a disadvantaged community; or
       ``(II) a community that the Administrator expects to become 
     a disadvantaged community as a result of carrying out an 
     eligible activity.
       ``(3) Program.--The term `Program' means the small public 
     water assistance program established under section 1472(a).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services, acting through the Director of 
     the Indian Health Service.
       ``(5) Small public water system.--The term `small public 
     water system' means a public water system (including a 
     community water system and a noncommunity water system) that 
     serves--
       ``(A) a community with a population of not more than 
     200,000 individuals; or
       ``(B) a public water system located in--
       ``(i) Bernalillo or Sandoval County, New Mexico;
       ``(ii) Scottsdale, Arizona;
       ``(iii) Mesquite or Washoe County, Nevada; or
       ``(iv) El Paso County, Texas.

     ``SEC. 1472. SMALL PUBLIC WATER SYSTEM ASSISTANCE PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this part, the Administrator shall establish a 
     program to provide grants to eligible entities for use in 
     carrying out projects and activities to comply with drinking 
     water standards.
       ``(2) Priority.--Subject to paragraph (3), the 
     Administrator shall award grants under the Program to 
     eligible entities based on--
       ``(A) first, the financial need of the community for the 
     grant assistance, as determined by the Administrator; and
       ``(B) second, with respect to the community in which the 
     eligible entity is located, the per capita cost of complying 
     with drinking water standards, as determined by the 
     Administrator.
       ``(3) Small communities.--In making grants under this 
     section, the Administrator shall ensure that not less 20 
     percent of grant funds provided for each fiscal year are used 
     to carry out eligible activities in communities with a 
     population of less than 50,000 individuals.
       ``(b) Application Process.--
       ``(1) In general.--An eligible entity that seeks to receive 
     a grant under the Program shall submit to the Administrator, 
     on such form as the Administrator shall prescribe (not to 
     exceed 3 pages in length), an application to receive the 
     grant.
       ``(2) Components.--The application shall include--
       ``(A) a description of the eligible activities for which 
     the grant is needed;
       ``(B) a description of the efforts made by the eligible 
     entity, as of the date of submission of the application, to 
     comply with drinking water standards; and
       ``(C) any other information required to be included by the 
     Administrator.
       ``(3) Review and approval of applications.--
       ``(A) In general.--On receipt of an application under 
     paragraph (1), the Administrator shall forward the 
     application to the Council.
       ``(B) Approval or disapproval.--Not later than 90 days 
     after receiving the recommendations of the Council under 
     subsection (e) concerning an application, after taking into 
     consideration the recommendations, the Administrator shall--
       ``(i) approve the application and award a grant to the 
     applicant; or
       ``(ii) disapprove the application.
       ``(C) Resubmission.--If the Administrator disapproves an 
     application under subparagraph (B)(ii), the Administrator 
     shall--
       ``(i) inform the applicant in writing of the disapproval 
     (including the reasons for the disapproval); and
       ``(ii) provide to the applicant a deadline by which the 
     applicant may revise and resubmit the application.
       ``(c) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of carrying out an eligible 
     activity using funds from a grant provided under the Program 
     shall not exceed 90 percent.
       ``(2) Waiver.--The Administrator may waive the requirement 
     to pay the non-Federal share of the cost of carrying out an 
     eligible activity using funds from a grant provided under the 
     Program if the Administrator determines that an eligible 
     entity is unable to pay, or would experience significant 
     financial hardship if required to pay, the non-Federal share.
       ``(d) Enforcement and Implementation of Standards.--
       ``(1) In general.--Subject to paragraph (2), the 
     Administrator shall not enforce any standard for drinking 
     water under this Act (including a regulation promulgated 
     under this Act) against an eligible entity during the period 
     beginning on the date on which the eligible entity submits an 
     application for a grant under the Program and ending, as 
     applicable, on--
       ``(A) the deadline specified in subsection (b)(3)(C)(ii), 
     if the application is disapproved and not resubmitted; or
       ``(B) the date that is 3 years after the date on which the 
     eligible entity receives a grant under this part, if the 
     application is approved.
       ``(2) Arsenic standards.--No standard for arsenic in 
     drinking water promulgated under this Act (including a 
     standard in any regulation promulgated before the date of 
     enactment of this part) shall be implemented or enforced by 
     the Administrator in any State until the earlier of January 
     1, 2006 or such

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     date as the Administrator certifies to Congress that--
       ``(A) the Program has been implemented in the State; and
       ``(B) the State has made substantial progress, as 
     determined by the Administrator in consultation with the 
     Governor of the State, in complying with drinking water 
     standards under this Act.
       ``(e) Role of Council.--The Council shall--
       ``(1) review applications for grants from eligible entities 
     received by the Administrator under subsection (b);
       ``(2) for each application, recommend to the Administrator 
     whether the application should be approved or disapproved; 
     and
       ``(3) take into consideration priority lists developed by 
     States for the use of drinking water treatment revolving loan 
     funds under section 1452.

     ``SEC. 1473. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     part $1,900,000,000 for each of fiscal years 2006 through 
     2011.''.
                                 ______