[Congressional Record Volume 162, Number 24 (Wednesday, February 10, 2016)]
[House]
[Pages H662-H668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFE DRINKING WATER ACT IMPROVED COMPLIANCE AWARENESS ACT
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4470) to amend the Safe Drinking Water Act with respect to the
requirements related to lead in drinking water, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4470
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 ``Safe Drinking Water Act
Improved Compliance Awareness Act''.
SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS.
Section 1414(c) of the Safe Drinking Water Act (42 U.S.C.
300g-3(c)) is amended--
(1) in the header, by inserting ``States, the
Administrator, and'' before ``Persons Served'';
(2) in paragraph (1)--
(A) in subparagraph (C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)''; and
(B) by adding at the end the following:
``(D) Notice of any exceedance at the 90th percentile of a
lead action level in a regulation promulgated under section
1412.'';
(3) in paragraph (2)--
(A) in subparagraph (B), by striking ``subparagraph (D)''
and inserting ``subparagraph (E)'';
(B) in subparagraph (C)--
(i) in the header, by striking ``Violations'' and inserting
``Notice of violations'';
(ii) in the matter preceding clause (i)--
(I) by inserting ``, and each exceedance described in
paragraph (1)(D),'' after ``for each violation''; and
(II) by inserting ``or exceedance'' after ``Each notice of
violation'';
(iii) by inserting ``or exceedance'' after ``the
violation'' each place it appears; and
(iv) in clause (iv)--
(I) in subclause (I), by striking ``broadcast media'' and
inserting ``media, including broadcast media,'';
(II) in subclause (II)--
(aa) by striking ``in a newspaper of general circulation
serving the area'' and inserting ``for circulation in the
affected area, including in a newspaper of general
circulation serving the area,''; and
(bb) by striking ``or the date of publication of the next
issue of the newspaper''; and
(III) in subclause (III), by striking ``in lieu of
notification by means of broadcast media or newspaper'';
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(D) by inserting after subparagraph (C) the following:
``(D) Notice by administrator.--If, after 24 hours after
the Administrator's notification under subsection (a)(1)(A),
the State with primary enforcement responsibility or the
owner or operator of the public water system has not issued a
notice that is required under subparagraph (C) for an
exceedance described in paragraph (1)(D), the Administrator
shall issue such required notice pursuant to this
paragraph.'';
(4) in paragraph (3)(B)--
(A) by striking ``subparagraph (A) and'' and inserting
``subparagraph (A),''; and
(B) by striking ``subparagraph (C) or (D) of paragraph
(2)'' and inserting ``subparagraph (C) or (E) of paragraph
(2), and notices issued by the Administrator with respect to
public water systems serving Indian Tribes under subparagraph
(D) of such paragraph'';
(5) in paragraph (4)(B)--
(A) in clause (ii), by striking ``the terms'' and inserting
``the terms `action level',''; and
(B) in clause (iii), by striking ``and (IV)'' and inserting
``(IV) the action level for the contaminant, and (V)''; and
(6) by adding at the end the following:
``(5) Exceedance of safe lead level.--
``(A) Strategic plan.--Not later than 120 days after the
date of enactment of this paragraph, the Administrator shall,
in collaboration with owners and operators of public water
systems and States, establish a strategic plan for how the
Administrator, a State with primary enforcement
responsibility, and owners and operators of public water
systems shall conduct targeted outreach, education, technical
assistance, and risk communication to populations affected by
lead in a public water system, including dissemination of
information described in subparagraph (C).
``(B) EPA initiation of notice.--
``(i) Forwarding of data by employee of epa.--If the
Environmental Protection Agency develops or receives, from a
source other than the State or the public water system, data,
which meets the requirements of section 1412(b)(3)(A)(ii),
indicating that the drinking water of a person served by a
public water system contains a level of lead that exceeds a
lead action level promulgated under section 1412, the
Administrator shall require an appropriate employee of the
Agency to forward such data to the owner or operator of the
public water system and to the State in which the exceedance
occurred within a time period established by the
Administrator.
``(ii) Dissemination of information by owner or operator.--
If an owner or operator of a public water system receives a
notice under clause (i), the owner or operator, within a time
period established by the Administrator, shall disseminate to
affected persons the information described in subparagraph
(C).
``(iii) Consultation.--
[[Page H663]]
``(I) Deadline.--With respect to an exceedance at the 90th
percentile of a lead action level in a regulation promulgated
under section 1412, if the owner or operator of the public
water system does not disseminate, in the time period
established by the Administrator, the information described
in subparagraph (C), as required under clause (ii), not later
than 24 hours after becoming aware of such failure to
disseminate, the Administrator shall consult, within a period
not to exceed 24 hours, with the applicable Governor to
develop a plan, in accordance with the strategic plan, to
disseminate such information to affected persons within 24
hours of the end of such consultation period.
``(II) Delegation.--The Administrator may only delegate the
duty to consult under this clause to an employee of the
Environmental Protection Agency who is working in the Office
of Water, at the headquarters of the Agency, at the time of
such delegation.
``(iv) Dissemination by administrator.--The Administrator
shall, as soon as reasonably possible, disseminate to
affected persons the information described subparagraph (C)
if--
``(I) the Administrator and the applicable Governor do not
agree on a plan described in clause (iii)(I) during the
consultation period under such clause; or
``(II) the applicable Governor does not disseminate the
information within 24 hours of the end of such consultation
period.
``(C) Information required.--Information required to be
disseminated under this paragraph shall include a clear
explanation of the exceedance of a lead action level, its
potential adverse effects on human health, the steps that the
owner or operator of the public water system is taking to
correct the exceedance, and the necessity of seeking
alternative water supplies until the exceedance is corrected.
``(6) Privacy.--Any notice under this subsection to the
public or an affected person shall protect the privacy of
individual customer information.''.
SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.
Section 1417 of the Safe Drinking Water Act (42 U.S.C.
300g-6) is amended--
(1) by amending subsection (a)(2)(A) to read as follows:
``(A) In general.--
``(i) Identification and notice.--Each owner or operator of
a public water system shall identify and provide notice to
persons who may be affected by--
``(I) lead contamination of their drinking water where such
contamination results from--
``(aa) the lead content in the construction materials of
the public water distribution system; or
``(bb) corrosivity of the water supply sufficient to cause
leaching of lead; or
``(II) an exceedance at the 90th percentile of a lead
action level in a regulation promulgated under section 1412.
``(ii) Manner and form.--Notice under this paragraph shall
be provided in such manner and form as may be reasonably
required by the Administrator. Notwithstanding clause
(i)(II), notice under this paragraph shall be provided
notwithstanding the absence of a violation of any national
drinking water standard.'';
(2) in subsection (b)(2)--
(A) by striking ``The requirements'' and inserting the
following:
``(A) In general.--The requirements''; and
(B) by adding at the end the following: ``Enforcement of
such requirements shall be carried out by a State with
primary enforcement responsibility or the Administrator, as
appropriate.
``(B) Notification by administrator.--In the case of an
exceedance described in subsection (a)(2)(A)(i)(II), if the
public water system or the State in which the public water
system is located does not notify the persons who may be
affected by such exceedance in accordance with subsection
(a)(2), the Administrator shall notify such persons of such
exceedance in accordance with subsection (a)(2), including
notification of the relevant concentrations of lead. Such
notice shall protect the privacy of individual customer
information.''; and
(3) by adding at the end the following:
``(f) Public Education.--
``(1) In general.--The Administrator shall make information
available to the public regarding lead in drinking water,
including information regarding--
``(A) risks associated with lead in drinking water;
``(B) the likelihood that drinking water in a residence may
contain lead;
``(C) steps States, public water systems, and consumers can
take to reduce the risks of lead; and
``(D) the availability of additional resources that
consumers can use to minimize lead exposure, including
information on how to sample for lead in drinking water.
``(2) Vulnerable populations.--In making information
available to the public under this subsection, the
Administrator shall carry out targeted outreach strategies
that focus on educating groups within the general population
that may be at greater risk than the general population of
adverse health effects from exposure to lead in drinking
water.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentleman from New York (Mr. Tonko) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous materials in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I wish we weren't here today. I wish this bill was not
necessary, but it is. Our hearts go out to the folks of Flint,
Michigan. The system let them down at every level. That is, frankly,
unacceptable.
All folks want is the peace of mind that their government is looking
out for their best interest and that their water is safe. This bill is
the first step.
Imagine if you went to draw a cup of cold water from your kitchen
faucet and suddenly had to think about whether it is safe to drink or
not. Now put yourself into the shoes of a parent whose son or daughter
has already taken a drink from that faucet. Or, you made coffee or
infant formula. What health risk has your child already been exposed
to? What do we do now? How can we expect a family to live life day-to-
day without safe drinking water? And, after all those initial concerns,
you begin asking yourself: How is this situation possible in the 21st
century in the United States of America?
We have been seeking answers to that question from EPA, from the
State of Michigan, and from others. In the meantime, we know that part
of the answer--certainly, not the whole story--is that there was a
terrible breakdown in communication at every level of government.
It is sickening and it breaks your heart that thousands of kids
indeed could be at risk, being poisoned from faucets that they thought
were safe.
Government officials knew there was serious cause for concern and
failed to inform the people of Flint. Many of those officials did not
even seem to be effectively communicating and sharing data among
themselves.
The EPA regional office was not telling headquarters about
everything, the State was not telling EPA everything, and we don't know
yet what the city of Flint was telling the State or EPA. That has got
to be fixed--and it has got to be fixed now.
{time} 1230
The Safe Drinking Water Act Improved Compliance Awareness Act ensures
that the public learns of excessive lead levels in their drinking water
by setting forth how and when States, EPA, and public water utilities
communicate their findings.
The bill also strengthens public notification rules when lead levels
are exceeded. Individual consumers will be told when their own house
tests positive for lead problems. And if the community or States fail
to notify the public, EPA will step in and do so. They are required to
do that.
The bill also requires EPA to create a strategic plan for handling
and improving information flow among water utilities, the States, EPA,
and affected drinking water consumers before there is an enforceable
lead exceedance in drinking water. Let me repeat that: before lead
levels get too high.
Finally, this bipartisan bill requires consumer notification when
water being transported in a lead pipe is so corrosive that, in fact,
it could leach into public drinking water.
I want to thank all Members of the House for their support,
especially my Michigan colleagues, every one of which, from both
parties, signed as an original cosponsor of this legislation.
I want to particularly thank Mr. Kildee, a friend, who led this
effort.
I thank my colleagues on the Energy and Commerce Committee,
particularly Frank Pallone, John Shimkus, and Paul Tonko, for their
advice, collaboration, and support.
I also want to thank two McCarthys, Kevin McCarthy, for scheduling
this at almost a moment's notice, and my lead counsel on this
legislation, Dave McCarthy, who helped write and improve the bill as it
was originally introduced.
What is said on this floor today will not do anything to ease the
mind of a
[[Page H664]]
parent in Flint. The entire situation breaks your heart, but we have a
responsibility, working together as Republicans and Democrats, to fix
the problem. This bill is an important step.
I reserve the balance of my time.
Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 4470, the Safe Drinking Water Act
Improved Compliance Awareness Act, introduced last week by our
colleague Representative Kildee, with the support of other members of
the Michigan delegation.
This bill would strengthen requirements to have the EPA notify the
public when concentrations of lead exceed Federal standards. That is
notifying the public.
While I support this legislation and urge my colleagues to support
it, far more than this is needed to address the many failings that led
to the tragic circumstances that are still being experienced by the
residents of Flint, Michigan, a situation that has drawn the Nation's
attention and drawn compassion for children and their families. This
should never have occurred in any city in our Nation.
As with any such tragic failure, there is an attempt to assess blame.
Well, accountability is important. Those who failed in their
responsibility should be held accountable.
But no one here has yet taken responsibility for our part, Congress'
part, in this event. Collectively, this Congress as well as many
previous Congresses have failed to maintain Federal support for the
maintenance and improvements of our water infrastructure.
We have been underfunding these systems for decades. The poor
condition of the water treatment and distribution system in Flint set
the stage for this tragedy.
We are doing this in an attempt to save money. Well, in fact, we are
wasting many millions of dollars more by allowing essential
infrastructure to deteriorate to the extent where a constant stream of
emergency responses and repairs are required to keep these systems
working.
Finally, we need to do something for the people of Flint. The State
of Michigan and President Obama's administration have both begun to
mobilize resources to deal with the immediate need for safe drinking
water, and they are working to eliminate lead from the water
distribution system. But we still don't know if essential corrosion
control can be reestablished.
And bottled water does not solve Flint's problems. The residents of
Flint need a fully functioning public water system that delivers safe,
clean water to their homes, to their schools, and to their businesses.
We need to work with the State of Michigan to make that happen.
We need to care for the people who were exposed to lead, especially
our children, who are most vulnerable to lead exposure. They need
treatment and sustained assistance to deal with the health problems
they may experience as a result of this manmade disaster.
The conditions that enabled this crisis to happen are not unique to
Flint. And while this bill is a first step to help communities that may
face these problems in the future, it cannot be our last step. We must
embrace our responsibility to support Federal investment in drinking
water systems.
The public health and future prosperity of the people of Flint and
thousands of other communities across our great Nation are continuing
to suffer from the concerns and are counting on our progressive
actions. I look forward to continuing this discussion.
I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Walberg), a cosponsor of the bill.
Mr. WALBERG. Mr. Speaker, I want to start by thanking my friends, Dan
Kildee and Chairman Upton, for their work on this bipartisan
legislation and ensuring a swift congressional response to the ongoing
water crisis in Flint, Michigan.
What have we learned, and what will we do both now and into the
future, Mr. Speaker, is the question.
What happened in Flint is not a natural disaster. It is a human
disaster and a failure of government at every level.
In my questioning at last week's Oversight and Government Reform
Committee hearing, it became very clear that individuals with the EPA
knew about the high lead levels in the drinking water for months but
failed to communicate this information to the people of Flint, even
under repeated Freedom of Information Act requests.
The bill we are considering today takes important steps to strengthen
Federal requirements on the EPA to notify the public when
concentrations of lead in drinking water are above Federal
requirements.
I am glad the entire Michigan delegation is backing this bill; and I
am committed to continuing to work together to get answers and help the
families in Flint who need clean water and, for that matter, Mr.
Speaker, learning from this for the families in the entire United
States to make sure that this doesn't happen to them as well.
Mr. Speaker, in America, in the 21st century, children should not
have to worry about safe and clean drinking water. The Flint water
crisis never should have happened, and we must take action to ensure it
never happens again.
Making things right must be a cooperative effort at every level, and
this bill takes important steps to ensure proper coordination going
forward.
I offer all of my support, all of my assistance, all of my help and
my votes to make sure this happens.
Mr. TONKO. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Kildee), who has carried the concern and the emotion of
this situation as the Representative in the House of Flint, Michigan.
His energetic efforts, his determination, his obvious passion for
getting this done, getting some relief, the relief essential for Flint
done, is tremendously moving.
Mr. KILDEE. I thank Mr. Tonko for his comments and his support and
leadership on this issue.
And I would like him to please extend my thanks to Ranking Member
Pallone for his effort and his support. I know he is dealing with a
difficult time himself right now, and we extend our best wishes to him.
I want to thank all of my Michigan colleagues for joining as original
cosponsors of this legislation; and I particularly thank Chairman Upton
for his help, his guidance, his assistance and, really, collaboration
on getting a piece of legislation put together that we think is very
helpful in preventing another situation such as what has occurred in my
hometown from ever happening again in the United States.
I again thank Mr. Upton for his assistance and leadership on this.
Flint is my home. The people I represent are the people I grew up
with in Flint, Michigan. It is a great community. It has been through
some struggles, for sure, in the last few decades, but we have never
dealt with anything quite like this, something so fundamental as safe
drinking water that we take for granted.
You turn on the faucet, as Mr. Upton said, you expect the water that
comes out of that faucet to be safe for yourself, for your children, to
make formula, to cook food, to drink. And because of a series of
decisions that really are almost incomprehensible in their impact,
people in Flint, Michigan, can't drink their water; 100,000 people
can't drink the water.
The thing that makes me most upset--sad, yes, but also angry--is that
this crisis, this situation, which will last for decades in its impact,
was completely avoidable.
Unlike a lot of other struggles that my hometown has faced as a
result of big changes in the economy--development patterns, et cetera--
this was a series of decisions that we can easily identify that could
easily have been prevented with just more thought and more care and, in
this case, a stronger set of requirements for disclosure when lead
levels are elevated in a drinking water system.
So this legislation is one step. It is not the total solution. We
really have to deal--and I hope my colleagues will also join us--with
putting together a response to the crisis being felt by the people in
Flint right now.
This bill, unfortunately, is too late to help them, but it can help
the next Flint, perhaps. This would require the EPA to provide notice
if the State agency responsible for enforcement of the clean drinking
water laws does not act to provide notice to the citizens affected and
to the water system.
[[Page H665]]
Let me just be clear on that. The State of Michigan, in the case of
the Flint situation, has primacy in terms of enforcement of these laws.
It is their obligation to ensure that the clean drinking water laws are
enforced, to collect data, to do sampling and testing, and to provide
remediation, to provide intervention, if, in fact, it is not the case.
So, yes, there has been a failure of government, but I think we have
to take care not to attempt to create some sort of false sense of
equivalency of responsibility.
The city of Flint, for example, which is the most local level of
government and where the water system is operated, was under the
control of an emergency manager, a State official appointed to overtake
operation of the city of Flint. So to the extent that the city was
responsible, the city was the State in this regard.
In terms of the Federal role, there was apparent confusion or
disagreement as to whether the EPA had authority, absent State
notification to the public of the data that they had, whether the EPA
had authority to go public, to make it clear that there was a problem.
This legislation addresses that.
This legislation strengthens the hand of those who work at the EPA
and actually requires them--not simply allows, but requires them--to
provide notice to the public and to a water system operator in the
event that the State fails to do so. Had that happened, it would not
have prevented the bad decisions that led to this crisis, but it would
have prevented them from going on for months and months and months with
no action to protect the people in Flint.
This is important legislation. We need more. We need help for the
people of Flint. But this is a step in the right direction in
preventing what happened in Flint from happening to another community.
Mr. UPTON. Mr. Speaker, might I inquire as to how much time I have
remaining on my side.
The SPEAKER pro tempore. The gentleman from Michigan (Mr. Upton) has
13\1/2\ minutes remaining. The gentleman from New York (Mr. Tonko) has
11\1/2\ minutes remaining.
{time} 1245
Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Bishop), again, an original cosponsor of the bill.
Mr. BISHOP of Michigan. Mr. Speaker, I would first like to begin by
thanking the gentleman from Flint, Michigan (Mr. Kildee) for his
leadership in this matter and for raising our attention to this.
Also, I would like to thank Chairman Upton for his leadership for the
Michigan delegation in bringing us together and putting aside any
partisan differences to address a need of our great State and, also,
for the children and families across our country.
I have spent my entire life in the State of Michigan. I was born
there and raised there. Many generations before me were the same, born
and raised in Michigan. My current family, my wife and my three kids,
also live in Michigan and will also, I am sure, see to it that their
children live there as well.
When I learned what happened in Flint, I was absolutely heartbroken.
Frankly, it frightens me to think that a failure of this magnitude
could happen in the 21st century and in our State.
Can you imagine not being able to drink the water from your own tap?
What if you weren't able to bathe or take a shower because of fear of
what might be in the water? The anger and the frustration is palpable,
and it should be.
My district borders on Congressman Kildee's, and I can tell you
firsthand the crisis not only affects and impacts the community of
Flint, but the entire Great Lakes State.
For weeks I have seen local high schools, veterans groups, and
concerned citizens--you name it--people from all over Michigan, rising
up to address the crisis and to help the residents, the families, and
children of Flint.
When it comes to local, State, and Federal leadership, we must do
everything possible to help as well. Every single one of us here today
has a duty to ensure families and children are safe and have access to
the essentials, the most basic of which is clean drinking water from
household faucets.
Sure, we can point fingers and play the blame game. But when it comes
down to fixing it, we must do so fast. We need more action than words.
We need solutions.
What Chairman Upton and Congressman Kildee have proposed is a first-
step solution to ensure this won't happen again.
First and foremost, this legislation makes sure the EPA will step in
and notify the public when they know concentrations of lead in drinking
water are above Federal requirements. It also streamlines communication
between utilities, the States, the EPA, and the affected customers.
The entire delegation of the State of Michigan and Congress agree
that this is a crisis. But to be clear, this is not a Democratic or
Republican issue. I would say shame on anyone who attempts to
capitalize on this issue or use the families of Flint in this crisis to
further their own personal agenda. This is about common sense and
delivering solutions to these children and families.
I ask my colleagues on behalf of both sides of the aisle to join
Michigan and help us take action.
Mr. TONKO. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Michigan (Mrs. Lawrence). She is another member of the Michigan
delegation.
Representative Brenda Lawrence has shown great leadership in her role
on the Oversight and Government Reform Committee and, again, has been a
passionate voice to address the families of Flint.
Mrs. LAWRENCE. Mr. Speaker, I want to say that the crisis in Flint
demands action. I ran for Congress after serving as a mayor because I
felt strongly that our government has a responsibility.
When you ask for a vote, you are asking for the trust in our
government. We betrayed the trust of our citizens when we did not
provide a human need, and that is clean water.
I stand here today encouraged. I ran on the premise that we need to
work together as a government. I can tell you that this crisis in Flint
is not a political issue. It is a moral issue. It is why each of us in
Congress sit here today on the vote of the people's trust, and that is
to take care of this great country.
It is a moral issue, and it calls for all of us in Congress to act.
Today I am standing here with a sense of hope being fulfilled that we
have eliminated the aisle, and we are standing here together.
Mr. Speaker, I rise in strong support of H.R. 4470, the Safe Drinking
Water Act Improved Compliance Awareness Act. This bill will ensure that
EPA notifies communities of lead contamination if State or local
agencies fail to do so. That clearly is what happened in Flint.
Local water authorities will have to provide notification to the
public when lead contamination is a result of lead from pipes and other
infrastructure leaching into the water supply. This notice will have to
be provided to affected residents, regardless of whether any drinking
water standards were violated.
If the operator does not notify the public--in this case, it was
Michigan Environmental Quality--if they do not notify the public, then
the EPA must do so. This is precisely what happened in Flint.
State officials repeatedly ignored the pleas of the residents and
those we are calling civic heroes from outside and experts about the
lead levels.
Passing this bill today will ensure that the situation in Flint--and
I am joining with my Republican colleagues and Democratic--never
happens again in our United States. The decision to share that type of
critical information should not be based on political judgment.
H.R. 4470 will ensure that residents acquire the information they
need about their drinking water systems and give EPA the ability and
responsibility to step in and notify residents if a State or water
system fails to act.
H.R. 4470 is just the first step, as we heard, in addressing our
country's drinking water infrastructure issue. I hope that we can
continue to work together in a bipartisan manner to ensure that Flint
never happens again.
This is the first step in fixing our infrastructure in America
because other
[[Page H666]]
Members of Congress have talked about lead water crises in their
communities. So this is a first step.
For me, this is a fulfilling day to stand here and support my
colleagues, regardless of our political affiliation, and take care of
the people of America.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Moolenaar). Again, he is a cosponsor of Mr. Kildee's
bill.
Mr. MOOLENAAR. Mr. Speaker, I also want to join my Michigan
colleagues as a cosponsor of this legislation and thank Representative
Kildee and Chairman Upton for bringing this legislation forward.
Our hearts go out to the people of Flint who are enduring so much and
persevering during this time. It is heartwarming to see the way people
across the country have come together in support of the people of
Flint.
The sad thing is that this situation could have been prevented and
should have been prevented. The legislation we are discussing today
here in the House of Representatives is because of failures in local,
State, and Federal Government.
The fact is that the officials at the EPA knew last April--10 months
ago--that the Flint Utilities Department was not using corrosion
controls, putting water safety at risk.
Instead of alerting the public, the EPA stayed silent. When an EPA
employee tried to speak out, he was silenced. The EPA deferred to a
State agency, the MDEQ, which also failed to tell the public.
Last month the EPA administrator sent a memo creating a formal policy
on the importance of assessing and responding to critical public health
issues. That the administrator had to remind employees of the
importance of public health speaks to the misplaced priority of the EPA
and its officials.
So today we have to pass a law requiring the Agency to notify the
public when water quality is unsafe and constitutes a public health
threat. This legislation is a reminder to the EPA that it needs to
focus on its core responsibility with safe drinking water, using its
authority appropriately, rather than overreaching outside of its
jurisdiction.
This is an example of one community that has been adversely affected.
Flint is not alone in this challenge, and this has ramifications all
across our country.
I urge my colleagues to support this bill.
Mr. TONKO. Mr. Speaker, I am waiting for another individual to offer
testimony.
I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Trott), another cosponsor of the legislation.
Mr. TROTT. Mr. Speaker, I also want to thank Chairman Upton and
Representative Kildee for their important, bipartisan work on this
issue.
I rise today in support of the Safe Drinking Water Act Improved
Compliance Awareness Act. This bill is a step in the right direction to
preserve and protect the health of our citizens.
The legislation requires the EPA administrator to work with States
and local water authorities to develop a strategic plan for addressing
lead contaminants in drinking water. This important legislation will
ensure that the complete failure to notify people of a health risk,
which occurred in Flint, does not happen again.
This is an issue that many communities across our country will have
to deal with as our water system infrastructure ages. We must ensure
that the public is aware, our citizens are informed, and that our water
authorities and agencies identify and take steps to prevent this level
of failure from happening again.
Mr. Speaker, on the Federal level, it is unacceptable that the EPA,
an agency with a budget of over $8 billion, did not escalate its
concerns over the presence of lead contaminants.
This is an agency that is literally paid to protect the public health
and environment, and it failed. This failure may not happen again. All
Americans should feel safe drinking water from their kitchen sink.
This legislation is a commonsense solution. I urge its immediate
passage.
Mr. TONKO. Mr. Speaker, I continue to reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from South
Carolina (Mr. Sanford).
Mr. SANFORD. Mr. Speaker, I rise in support of this act. I thank the
chairman for his hard work and the committee's hard work on this bill.
I will be exceedingly brief because certainly, as has been outlined
by any number of different speakers, this is about a failure of
government at a multitude of different levels, at the State, local, and
Federal levels, a real failure and real consequences to the people of
Flint.
It is also, I think, a reminder to all of us of the significance of
bracket creep in government; wherein, if everybody is involved, nobody
is involved; if everybody is accountable, nobody is accountable.
That is true of a government at a government level. It is true of a
regulatory body. The importance of clearly defined missions I think is
part of what your strategic plan really gets at in this act, and I
admire your work on that.
I also want to just reference that this is also a reminder, a wake-up
call, if you will, on the importance of watching out for unsustainable
political promises.
I say that because, if you look at the general budget and the general
fund within Flint, basically one-third of their revenue goes to pay for
retiree benefits.
That number by the year 2020 is going to rise to essentially 40
percent, 40 percent. I bring that up because it is indeed a wake-up
call to the unsustainability of our Federal promises as you look at the
numbers going forward at the Federal level.
So my heart goes out to the people of Flint. I think that this is an
important measure going forward, but it is also an important reminder
to every one of us here at the Federal level to watch out for the
unsustainable promises here in Washington.
Mr. TONKO. Mr. Speaker, might I inquire how much time remains?
The SPEAKER pro tempore (Mr. Yoder). The gentleman from Michigan has
5\1/2\ minutes remaining. The gentleman from New York has 8 minutes
remaining.
Mr. TONKO. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Speaker, I thank my friend for yielding. I appreciate
all the comments and the support, especially the sympathy and, really,
unity with the people of my hometown of Flint.
I do want to ensure, though, that we are properly characterizing the
legislation, its reasoning, and its impact.
The legislation would actually not just require EPA to provide
notice, but would require the local jurisdiction, the State agency, to
provide them with the opportunity to do what they should do anyway,
that is, to provide notice. Absent their willingness to do so, the EPA
would then be required.
It is an important distinction because, in this case, the State of
Michigan has primacy in enforcement of these rules.
The EPA in the case of Flint did take action when they learned of the
elevated lead levels. The action was to repeatedly reach out to the
Michigan Department of Environmental Quality and insist that they
enforce the lead and copper rule.
Actually, they went so far as to insist that they initiate corrosion
control, which is the mechanism by which lead leaching would have been
prevented.
{time} 1300
Not only did the Michigan Department of Environmental Quality fail to
act, they actually told the EPA almost a year ago that they actually
had initiated corrosion control when they had not.
I think it would be a mistake to create some sort of equivalency
between the role of the EPA and the role of the State of Michigan in
this. It was the State of Michigan that had prime responsibility that
failed.
The EPA, while I would have preferred that they had shouted from the
mountaintop that they were having this problem getting the lead agency
to enforce the rule, there was at least confusion as to whether or not
they had the authority to do so. Even today, the State of Michigan
continues to push back on the EPA's attempts to
[[Page H667]]
test water to insist on enforcement. It is an important distinction to
make.
Regarding my friend Mr. Sanford's comments, I appreciate his
reflection on the financial situation within the city of Flint. While
that is a set of questions that clearly needs attention, the truth of
the matter is, had the Michigan Department of Environmental Quality
insisted on the use of corrosion control in the Flint water system, as
the law would require, the cost would have been $140 a day. All of this
could have been prevented by the State simply requiring that $140 a day
be spent.
This legislation is important in preventing this from happening again
so that an agency of a State that refuses to enforce the law at least
can't do so in the dark; and if the State won't give public notice, it
would require the EPA to do so. This is an important step. We have
crafted this legislation to make sure that each level of government is
transparent when it comes to these issues.
Mr. UPTON. Mr. Speaker, I reserve the balance of my time.
Mr. TONKO. Mr. Speaker, I yield myself the balance of my time.
In closing, let me again offer my appreciation to Chairman Upton and
our ranking member, Representative Pallone, for their leadership on
this and for working in a spirit of bipartisanship to bring this
measure to the floor and in working with the Michigan delegation and,
in particular, Representative Kildee, who has been directly impacted on
behalf of Flint, Michigan, which he represents.
I would also make certain that we remember that under the Safe
Drinking Water Act, as Representative Kildee indicated, States have
primacy, an important issue for Members who frequently talked about
empowering our State and local governments. It is a State's
responsibility when they accept that role of primacy to run these
systems and comply with Federal standards.
Before we point fingers at the EPA, let's remember that Congress has
cut its budget year after year. We want them to do more with less. We
have passed the point of achieving efficiency, we have cut valuable
staffing, and we have cut valuable programs.
We can point to failures by all levels of government in this
situation, but the public doesn't want to hear us blame anyone. They
want and deserve real solutions and financial assistance to address the
crisis at hand.
We need to help the people of Flint and better protect our public
health going forward.
Mr. Speaker, I yield back the balance of my time.
Mr. UPTON. Mr. Speaker, I yield myself the balance of my time.
I encourage all of my colleagues to support this legislation.
Mr. Tonko said this bill is not about a blame game. We are trying to
fix a problem so it doesn't happen again anyplace.
I just might note that the House was out 2 weeks. We had Martin
Luther King week, then we had the snowstorm, and we couldn't come back.
Our committee held a number of briefings. I expanded it to include
certainly all of the members--Republican and Democrat--on the Energy
and Commerce Committee, but I also extended that out to all of the
members of the Michigan delegation, both our Senators, as well as the
Oversight and Government Reform Committee majority and minority staff.
Mr. Kildee mentioned about Mr. Pallone not being here. His father
died earlier this week, so he is where he should be. But he cares
deeply about this legislation as well.
I know when I sat down with my friend Mr. Kildee last week to talk
about the intent of this legislation and where he was, we were able to,
I think, make some important, constructive changes that strengthen the
bill. It was a no-brainer for us to get every Member on both sides of
the aisle from Michigan to be an original cosponsor, and I congratulate
him for that initiative.
But I must say, too, this is a first step. I know in the future our
committee is going to be looking at how we can better expand
flexibility, I think, of States as it relates to their safe drinking
water fund, and the State revolving fund as well. We are looking to
hear from the States what we might be able to do on the Federal
response. Again, the primacy is at the State and local level,
particularly when a State, like we have seen here, actually has been
given an emergency declaration, as our Governor sought.
I encourage all of my colleagues to support this bill, and I commend
Mr. Kildee.
I yield back the balance of my time.
Mr. VAN HOLLEN. Mr. Speaker, I rise in support of the Safe Drinking
Water Act Improved Compliance Awareness Act and am proud to be a
cosponsor of this bill, which will strengthen public notification
requirements in the event of lead contamination.
The situation in Flint is unacceptable--it is a violation of the
right to clean water and a breakdown of the basic responsibility of
government to its citizens. And it was completely preventable--we know
the damaging impacts of lead and we know how to protect people from
lead poisoning. We need an aggressive response, both for the people in
Flint and for every community that faces lead exposure.
Today's bill is just a first step to address this problem by ensuring
that when contamination occurs, communities will be informed of what is
happening and what will be done to fix it. We should follow this action
with support for the Flint community and robust funding for lead
poisoning prevention and clean water programs. I look forward to our
continued work to protect children and communities from the dangers of
lead.
Mr. PALLONE. Mr. Speaker, I rise in support of the Safe Drinking
Water Act Improved Compliance Awareness Act, as amended. This bill will
allow more transparency and increase education and outreach efforts to
communities about their drinking water systems.
Communities are entitled to information about their drinking water,
and we should make every effort to ensure that Americans receive clear,
concise and timely information about the safety of that water. This
bill addresses a concern raised during the Flint water crisis about the
significant delay in informing Flint residents about the dangerous
levels of lead in their water. I greatly appreciate the work of Mr.
Kildee and the Michigan Delegation in coming together and quickly
pufting forward this legislation. It is a good place to begin our
efforts to help Flint and I support its passage.
Yet, this is a small, first step and does not address the imminent
and long-term problems facing our nation's water systems. I know my
friend from Michigan, Mr. Kildee, agrees with me on this and has put
forward legislation focusing on immediate and long-term investments for
Flint to address both its health and infrastructure needs. We must do
more for Flint and more to ensure that our nation as a whole receives
safe, clean drinking water at the tap.
As I have stated time and again, our drinking water systems are
deteriorating. Transparency is important, but we need to follow this
effort with a reauthorization of the Safe Drinking Water Act that
increases the investment in our drinking water systems.
We must invest in our drinking water infrastructure to repair,
maintain, and replace aging pipes. We also must equip communities with
the resources to ensure the delivery of safe drinking water, safeguard
systems from vulnerabilities such as climate change, and encourage good
financial and environmental management of water systems. There is no
doubt that this will be a large task, but we cannot shy away from it.
The longer we delay, the more costly the investment.
This should be a wakeup call that we cannot continue to stand by
watching as Flint--and far too many other American communities--are
exposed to unsafe drinking water. We must take action now.
Again, I commend Mr. Kildee and the co-sponsors for their efforts on
this legislation. I thank the Gentleman and his staff for working with
me and my staff to ensure this bill will truly increase transparency
for communities.
I urge my colleagues to support this bill and look forward to
additional opportunities to work in a bipartisan fashion in the
remaining months of this Congress on the pressing issue of safe,
reliable drinking water for all Americans.
Mr. CONYERS. Mr. Speaker, I rise today in support of H.R. 4470, the
Safe Drinking Water Act Improved Compliance Awareness Act. This bill is
a good first step to helping ensure the Environmental Protection Agency
(EPA) never again allows an intransigent state government endanger the
public welfare.
Let there be no mistake. The blame for what happened in Flint lies
directly at the feet of Governor Snyder who ignored Flint's democratic
rights, his appointed Emergency Managers who wanted to save a buck, and
the Michigan Department of Environmental Quality (MDEQ) that was too
timid to protect the public from haphazard changes to the Flint water
system.
But the EPA needs to take some blame for not dismissing out of hands
the efforts of the Governor, his Emergency Managers, and MDEQ to delay
addressing the crisis in Flint.
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The EPA let the endless echo of ``EPA overreach'' prevent them from
doing their job--which is telling anti-regulatory special interests
that the public's health comes first.
This bill is a start to fixing that problem, but we have a long way
to go. My colleagues across the aisle need to stop fighting EPA on
behalf of special interests, and start fighting alongside EPA in the
public interest.
Because if they don't, there will be more Flints, there will be more
mothers who can't sleep because their children are sick, and there will
be more ``bi-partisan'' bills expressing hindsight support for EPA
action.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Upton) that the House suspend the rules
and pass the bill, H.R. 4470, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. UPTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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