[House Report 119-154]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-154
======================================================================
WASTEWATER INFRASTRUCTURE POLLUTION PREVENTION AND ENVIRONMENTAL SAFETY
ACT
_______
June 12, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2269]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2269) to require certain products to be labeled
with ``Do Not Flush'' labeling, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 3
Committee Votes.................................................. 3
Oversight Findings and Recommendations........................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplication of Federal Programs.................................. 4
Related Committee and Subcommittee Hearings...................... 4
Committee Cost Estimate.......................................... 4
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 4
Advisory Committee Statement..................................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE AND SUMMARY
H.R. 2269, the ``Wastewater Infrastructure Pollution
Prevention and Environmental Safety Act'', or the ``WIPPES
Act'', was introduced by Representative McClain on March 21,
2025, and was referred to the Committee on Energy and Commerce.
H.R. 2269 requires covered entities to label covered products
clearly and conspicuously with ``Do Not Flush'' labels and
symbols.
BACKGROUND AND NEED FOR LEGISLATION
Wastewater treatment systems have been increasingly
impacted by clogs and fatbergs resulting from the flushing of
non-flushable wipes. In a 2019 study, the National Association
of Clean Water Agencies (NACWA) estimated that wipes result in
approximately $441 million in additional yearly operating costs
at U.S. clean water utilities.\1\ According to NACWA, just in
the state of California, flushed wipes have cost utilities $47
million in additional annual operating costs.\2\ Similar trends
can be seen across the United States, prompting some state
legislators to offer legislation to address the clogged drains
and expensive repairs associated with the improper disposal of
non-flushable wipe.\3\
---------------------------------------------------------------------------
\1\Nat'l Assoc of Clean Water Agencies, The Cost of Wipes on
America's Clean Water Utilities, (Sept. 2020) https://www.nacwa.org/
docs/default-source/resources---public/govaff-3-cost_of_wipes-1.pdf.
\2\Id.
\3\Sophie Nieto-Munoz, Senator waters down plan to ban non-
flushable wipes, New Jersey Monitor (May 12, 2023), https://
newjerseymonitor.com/briefs/senators-plan-to-ban-non-flushable-wipes-
to-be-watered-down/.
---------------------------------------------------------------------------
Organizations have used a combination of outreach and
surveys to probe and increase consumer's understanding of
appropriate wipe-flushing practices. For example, in April
2023, the Responsible Flushing Alliance (RFA) released survey
data of California consumers measuring their general awareness
of the ``Do Not Flush'' symbol. Surprisingly, though most
respondents believed that they were somewhat knowledgeable
about what can be flushed, a notable portion of respondents
falsely believed that some non-flushable products are
flushable.\4\ In an attempt to address this consumer
uncertainty, some wastewater treatment companies have issued
notices to residents to educate them on what products can and
cannot be flushed down the toilet.\5\
---------------------------------------------------------------------------
\4\New Survey Finds Consumers Still Disposing Non-Flushable Items
Down the Toilet, Sparking Increase in Consumer Education Efforts, PR
Newswire (April 5, 2023), https://finance.yahoo.com/news/survey-finds-
consumers-still-disposing-100000634.html.
\5\Non-flushable items cause problems at wastewater treatment
plants, JC Post (December 29, 2023), https://jcpost.com/posts/4dee80fd-
f852-4891-9419-8d2a7f24bb5b.
---------------------------------------------------------------------------
Based on the available data, there is an apparent
disconnect between consumers' understanding of whether certain
wipes products are flushable, and the information directed
towards wipes consumers. To address the ongoing infrastructure
and environmental issues caused by the misinformed flushing of
non-flushable wipes, consumers must be clearly notified when a
wipe is non-flushable. The requirements posed by H.R. 2269
would ensure that wipe manufacturers, and other covered
entities, clearly and conspicuously label and notice non-
flushable wipes accordingly. By enacting a uniform, national
policy to ensure wipe manufacturers, or other covered entities,
appropriately label the packaging of their wipe products with
``Do Not Flush'' notices and symbols, consumers will be better
equipped to help prevent the damaging consequences that lead to
costly breakdowns and backups in American wastewater systems
associated with flushing non-flushable wipes.
COMMITTEE ACTION
On September 27, 2023, the Subcommittee on Innovation,
Data, and Commerce held a hearing on the WIPPES Act. The title
of the hearing was ``Proposals to Enhance Product Safety and
Transparency for Americans.'' The Subcommittee received
testimony from:
Kathleen Callahan, Owner, Xpertech Auto
Repair;
Scott Benavidez, Chairman, Automotive
Service Association;
Steven Michael Gentine, Counsel, Arnold &
Porter, LLP;
John Breyault, Vice President of Public
Policy, Telecommunications and Fraud, National
Consumers League; and
David Touhey, Principal, Connett Consulting,
appearing on behalf of International Association of
Venue Managers.
On April 8, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 2269, without
amendment, favorably reported to the House by a voice vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
recorded votes on the motion to report legislation and
amendments thereto. There were no record votes taken in
connection with ordering H.R. 2269 reported.
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 2269 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to require
labeling on certain products to designate they are not safe to
be flushed down the toilet.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 2269 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 2269:
On September 27, 2023, the Subcommittee on
Innovation, Data, and Commerce held a hearing on the
WIPPES Act. The title of the hearing was ``Proposals to
Enhance Product Safety and Transparency for
Americans.'' The Subcommittee received testimony from:
Kathleen Callahan, Owner,
Xpertech Auto Repair;
Scott Benavidez, Chairman,
Automotive Service Association;
Steven Michael Gentine, Counsel,
Arnold & Porter, LLP;
John Breyault, Vice President of
Public Policy, Telecommunications and Fraud,
National Consumers League; and
David Touhey, Principal, Connett
Consulting, appearing on behalf of
International Association of Venue Managers.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 2269 contains no earmarks, limited
tax benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Wastewater Infrastructure Pollution Prevention and
Environmental Safety Act'' or the ``WIPPES Act.''
Section 2. ``Do Not Flush'' labeling
Section 2 requires covered entities to label covered
products with a ``Do Not Flush'' label and symbol. These labels
and symbols must meet the standards required in this Act and be
clearly and conspicuously displayed. This section grants the
Federal Trade Commission (FTC) rulemaking authority to
promulgate regulations regarding requirements for ``Do Not
Flush'' labels and symbols and allows for consultation with any
agency it deems appropriate when developing such rules.
Furthermore, this section provides definitions relevant to the
Act.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.