[Congressional Record (Bound Edition), Volume 161 (2015), Part 2]
[House]
[Pages 2399-2401]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     DRINKING WATER PROTECTION ACT

  Mr. LATTA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 212) to amend the Safe Drinking Water Act to provide for the 
assessment and management of the risk of cyanotoxins 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. 212

       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 ``Drinking Water Protection 
     Act''.

     SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT.

       (a) Amendment.--Part E of the Safe Drinking Water Act (42 
     U.S.C. 300j et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT.

       ``(a) Strategic Plan.--
       ``(1) Development.--Not later than 90 days after the date 
     of enactment of this section, the Administrator shall develop 
     and submit to Congress a strategic plan for assessing and 
     managing risks associated with algal toxins in drinking water 
     provided by public water systems. The strategic plan shall 
     include steps and timelines to--
       ``(A) evaluate the risk to human health from drinking water 
     provided by public water systems contaminated with algal 
     toxins;
       ``(B) establish, publish, and update a comprehensive list 
     of algal toxins which the Administrator determines may have 
     an adverse effect on human health when present in drinking 
     water provided by public water systems, taking into account 
     likely exposure levels;
       ``(C) summarize--
       ``(i) the known adverse human health effects of algal 
     toxins included on the list published under subparagraph (B) 
     when present in drinking water provided by public water 
     systems; and
       ``(ii) factors that cause toxin-producing cyanobacteria and 
     algae to proliferate and express toxins;
       ``(D) with respect to algal toxins included on the list 
     published under subparagraph (B), determine whether to--
       ``(i) publish health advisories pursuant to section 
     1412(b)(1)(F) for such algal toxins in drinking water 
     provided by public water systems;
       ``(ii) establish guidance regarding feasible analytical 
     methods to quantify the presence of algal toxins; and
       ``(iii) establish guidance regarding the frequency of 
     monitoring necessary to determine if such algal toxins are 
     present in drinking water provided by public water systems;
       ``(E) recommend feasible treatment options, including 
     procedures, equipment, and source water protection practices, 
     to mitigate any adverse public health effects of algal toxins 
     included on the list published under subparagraph (B); and
       ``(F) enter into cooperative agreements with, and provide 
     technical assistance to, affected States and public water 
     systems, as identified by the Administrator, for the purpose 
     of managing risks associated with algal toxins included on 
     the list published under subparagraph (B).
       ``(2) Updates.--The Administrator shall, as appropriate, 
     update and submit to Congress the strategic plan developed 
     under paragraph (1).
       ``(b) Information Coordination.--In carrying out this 
     section the Administrator shall--
       ``(1) identify gaps in the Agency's understanding of algal 
     toxins, including--
       ``(A) the human health effects of algal toxins included on 
     the list published under subsection (a)(1)(B); and
       ``(B) methods and means of testing and monitoring for the 
     presence of harmful algal toxins in source water of, or 
     drinking water provided by, public water systems;
       ``(2) as appropriate, consult with--
       ``(A) other Federal agencies that--
       ``(i) examine or analyze cyanobacteria or algal toxins; or
       ``(ii) address public health concerns related to harmful 
     algal blooms;
       ``(B) States;
       ``(C) operators of public water systems;
       ``(D) multinational agencies;
       ``(E) foreign governments;
       ``(F) research and academic institutions; and
       ``(G) companies that provide relevant drinking water 
     treatment options; and
       ``(3) assemble and publish information from each Federal 
     agency that has--
       ``(A) examined or analyzed cyanobacteria or algal toxins; 
     or
       ``(B) addressed public health concerns related to harmful 
     algal blooms.
       ``(c) Use of Science.--The Administrator shall carry out 
     this section in accordance with the requirements described in 
     section 1412(b)(3)(A), as applicable.
       ``(d) Feasible.--For purposes of this section, the term 
     `feasible' has the meaning given such term in section 
     1412(b)(4)(D).''.
       (b) Report to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall prepare and submit to Congress a report 
     that includes--
       (1) an inventory of funds--
       (A) expended by the United States, for each of fiscal years 
     2010 through 2014, to examine or analyze toxin-producing 
     cyanobacteria and algae or address public health concerns 
     related to harmful algal blooms; and
       (B) that includes the specific purpose for which the funds 
     were made available, the law under which the funds were 
     authorized, and the Federal agency that received or spent the 
     funds; and
       (2) recommended steps to reduce any duplication, and 
     improve interagency coordination, of such expenditures.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Latta) and the gentleman from New Jersey (Mr. Pallone) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             general leave

  Mr. LATTA. 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 Ohio?
  There was no objection.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 212, the Drinking Water 
Protection Act, which I reintroduced from last Congress in January. 
This important, bipartisan legislation requires the EPA to develop and 
submit a strategic plan to Congress for assessing and managing risks 
associated with algal toxins in drinking water provided by public water 
systems.
  Unfortunately, from the Great Lakes to other surface freshwaters 
across the country, algal toxins, produced by harmful algal blooms, are 
presenting a serious concern to human health and safety.
  Last August, half a million people in the Toledo, Ohio, area, 
including many of my constituents, weren't able to utilize their public 
drinking water for over 2 days without risking potentially negative 
health effects due to a high level of algal toxins detected in the 
city's public water supply. During that time, concerns and questions 
were and have since been raised about health effects data, testing 
protocols, treatment processes, and appropriate short- and long-term 
responses. Furthermore, during hearings in the House Energy and 
Commerce Committee, witnesses testified about the further complexity of 
this issue due to the numerous other algal toxins and variants that may 
have potential negative health effects when present in public drinking 
water.
  I commend the work that the U.S. EPA, the State of Ohio, and others 
have done since the Toledo water emergency to ensure public safety; 
however, the situation demonstrated the need for a more strategic, 
comprehensive, and strong scientific approach to protect our citizens' 
public drinking water. I believe H.R. 212 does just this.
  Specifically, the legislation calls for the EPA's strategic plan to 
include steps and timelines to: evaluate the

[[Page 2400]]

risk to human health from drinking water provided by public water 
systems contaminated with algal toxins; establish, publish, and update 
a comprehensive list of algal toxins which the administrator determines 
may have an adverse effect on human health when present in public 
drinking water and provide a summary of those known adverse effects; 
publish health advisories and testing methods if the EPA determines it 
is warranted based on the published list; recommend feasible treatment 
options; enter into cooperative agreements and provide technical 
assistance to affected States and public water systems to manage risks 
associated with algal toxins; and identify gaps in the EPA's 
understanding of algal toxins.
  I want to thank all the cosponsors of this bill as well as Chairman 
Upton, Subcommittee Chairman Shimkus, and all the other staff and 
stakeholders who have worked diligently on this important legislation.
  I urge the full support of my colleagues for H.R. 212.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, harmful algal blooms are a serious and growing threat to 
public health. The toxins they produce threaten communities that draw 
their water from coastal areas and the Great Lakes. They also pose 
risks to those who swim in contaminated waters or eat contaminated 
fish.
  Health impacts include skin and eye irritation, gastrointestinal 
illness, cancer, paralysis, and even death. Economic impacts are also 
serious, adversely affecting fishing, recreation, and tourism. 
Estimates of annual costs of these algal blooms in the United States 
are in the billions of dollars.
  This summer, Toledo, Ohio, experienced a profound disruption when 
citizens woke to a ``do not drink'' order. The impacts were significant 
and widespread. But the problem is not limited to Ohio or Lake Erie. 
Harmful algal blooms have been a recurring problem in my home State of 
New Jersey for decades. So I appreciate that the majority is taking up 
this bipartisan legislation to begin to address this most important 
environmental problem.
  This bill is a good step. More needs to be done. I am happy to say 
that language reported from the Energy and Commerce Committee reflects 
several changes sought by Democratic members of the committee. The bill 
was broadened to ensure that EPA will look at all algal toxins that may 
have an adverse effect on human health and consider source water 
protection measures, which are the preferred and most effective 
approach to managing harmful algal blooms.
  I thank the chairmen and majority staff for working with Ranking 
Member Tonko, myself, and the Democratic staff to improve the bill.
  For too long, Republicans in Congress have been more interested in 
attacking the EPA than supporting the important work the Agency does to 
protect human health, and safe drinking water should be a bipartisan 
issue. Unfortunately, this bill does lack resources.
  Addressing cyanotoxins in drinking water is very expensive for States 
and water utilities. If Congress doesn't make funding available at the 
Federal level, the money will have to come out of already strained 
State budgets or out of consumers' pockets. The cooperative agreements 
envisioned in the bill can address some of these costs, Mr. Speaker, 
but only if they are funded, and the strategic plan will have no impact 
if there are no resources to carry it out.
  So I hope this bill can be the start of broader drinking water work 
to address important threats like climate change, fracking, security, 
and aging infrastructure. As we continue our drinking water work this 
Congress, I hope the majority will recognize the importance of funding 
in addressing these needs.
  Resources are central to the conversation about safe drinking water. 
Much of our Nation's drinking water infrastructure is well beyond its 
useful life and in desperate need of replacement. Algae and other 
emerging threats, spurred by climate change and other factors, add to 
the challenge. Investing in drinking water infrastructure protects 
public health, creates jobs, and boosts the economy, and this is 
something that we should all support.
  Mr. Speaker, I thank my colleagues on the Energy and Commerce 
Committee, the gentleman from Ohio (Mr. Latta), and my good friend from 
Ohio (Ms. Kaptur) for their hard work to address an important 
environmental threat.
  I support this bill. I urge its adoption.
  I yield back the balance of my time.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  I, too, would ask that the House pass H.R. 212.
  I appreciate, again, all of the work from all the members and the 
staff in putting this bill together and getting it on the floor, and 
also Chairman Upton for his work on the legislation as well as Chairman 
Shimkus.
  I yield back the balance of my time.
  Ms. KAPTUR. Mr. Speaker, I rise in support of the Drinking Water 
Protection Act, to arm communities against the threats posed by toxic 
algae.
  The water emergency across the Toledo region for three days last 
August highlighted the need for a more robust federal response to 
harmful algal blooms in our Great Lakes and around the country.
  Nearly half a million people, businesses, and hospitals were without 
fresh water from the city's system.
  First and foremost, Northern Ohio--which draws its sustenance from 
Lake Erie--has to guarantee our water is safe to drink.
  Our communities must be informed and prepared to respond, in the 
event of another emergency.
  This bill is an important step in the right direction.
  It is my hope that it expedites work at the U.S. EPA to publish long-
overdue guidelines on safe consumption limits and testing protocols, in 
addition to treatment methods--information the EPA has been working on 
for more than a decade and a half.
  This is information that our mayors, our governor, and our citizens 
are clamoring for.
  Congress needs to pass this bill, and I hope our counterparts in the 
Senate will take up the measure quickly.
  Still, this bill only addresses one facet of the challenge.
  We must meet the larger challenge of stopping the growth of these 
blooms at their source--the nutrients flooding through our rivers, into 
Lake Erie.
  That imperative is not included in this particular bill, but we are 
working through programs like the Great Lakes Restoration Initiative to 
install conservation projects across our watershed.
  Congress should overturn the ill-advised proposed cuts to the GLRI 
program and fully fund it.
  The EPA and Corps of Engineers are also working to better protect our 
waterways through the Clean Water Act.
  If we are interested in protecting our Lakes and rivers and the 
communities that rely on them, Congress should stop opposing this 
important progress.
  Until the flow of algae-feeding nutrients into the lake is stopped, 
the risk of further water emergencies will persist.
  I urge my colleagues to join me in this broader effort, and that 
starts by supporting the bill before us today.
  Mrs. MILLER of Michigan. Mr. Speaker, I rise today in support of H.R. 
212, the Drinking Water Protection Act.
  Last summer, as a result of toxic algae blooms in Lake Erie, hundreds 
of thousands of residents in Toledo were banned from using the city's 
drinking water, creating a state of emergency for local counties. This 
incident, which lasted for multiple days, is a reminder of the serious 
threat these toxic blooms pose to all of our Great Lakes and the 
communities that rely on them, and not just the immediately surrounding 
communities.
  The Great Lakes account for over 20 percent of the fresh water 
drinking supply on the entire planet, and they generate billions of 
dollars each year through the fishing and shipping industries and 
recreational activities. We cannot ignore the threat posed by these 
toxic algae blooms and need to do more to protect our magnificent 
Lakes.
  Assuring that we have adequate resources dedicated to monitoring and 
managing this threat across the entire Great Lakes Region must be a 
priority, which is why I introduced legislation last Congress to help 
advance voluntary assurance programs in Michigan and why I have and 
will continue to support legislative measures like H.R. 212, the 
Drinking Water Protection Act.

[[Page 2401]]

  Michigan farmers have been leading the way when it comes to 
protecting our Lakes from damage caused by algae blooms, but they 
should not carry the burden alone. We must all work together to 
preserve and protect the health of our agricultural and maritime 
resources. It is my hope that this important legislation will be 
promptly approved by the Senate and sent to the President's desk.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Latta) that the House suspend the rules and 
pass the bill, H.R. 212, 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. PALLONE. 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.

                          ____________________