[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
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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.''.
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