Regulatory Reflection

Nov. 29, 2016
Spurred by the Flint crisis, states introduced new legislation in 2016

About the author: Kathleen Fultz is regulatory and government affairs coordinator for the Water Quality Assn. Fultz can be reached at [email protected].

Media coverage of water quality issues around the country this year spurred a review of current regulations and attention to solutions to resolve water quality problems. Due to the lead contamination crisis in Flint, Mich., and the mounting costs of nationwide infrastructure updates, the water treatment industry is in a position to double down on its commitment to improve water quality and enhance quality of life through sustainable technologies and services.  

Flint’s Continuing Journey 

President Barack Obama addressed short- and long-term solutions in his May 4 speech in Flint. “Even with all the money, even with an efficient, speeded-up process, it’s going to take a while for all the pipes to be replaced,” he said. “It’s not going to happen next month. It’s not going to happen six months from now.” He reminded residents to continue to using water filters while infrastructure is being repaired.

This summer, the U.S. Environmental Protection Agency (EPA) and the Centers for Disease Control and Prevention oversaw the testing of water filters in Flint. They released the results of the study on June 23, stating, “The filters distributed by the state of Michigan effectively remove lead or reduce it to levels well below the EPA’s action level of 15 parts per billion (ppb).” This brought reassurance to the people of Flint as well as those following the crisis across the country that certified water filters are a reliable solution. 

State Water Legislation

Understanding the potential impacts of a water crisis, state legislatures reviewed their drinking water regulations in 2016. Multiple states were successful in passing legislation requiring assistance for short- and long-term infrastructure  needs and funding to provide lead tests. 

Michigan Gov. Rick Snyder signed House Bill 5220 on Feb. 2. This provided funding for Flint, including funding for the Flint emergency to the state departments of Education, Environmental Quality, Health and Human Services, Licensing and Regulatory Affairs, Military and Veterans Affairs, and State Police. Senate Concurrent Resolution 28 extended the state of emergency in Flint through Aug. 14. 

Other states in the Midwest, including Illinois and Ohio, also passed legislation focusing on lead in drinking water. Ohio Senate Bill 512 requires the Ohio Environmental Protection Agency to adopt rules addressing lead and copper notification and testing for community and non-transient non-community public water systems. Illinois House Joint Resolution 153 requires the Illinois Environmental Protection Agency and Department of Health to complete a final report on lead in the state’s drinking water by Jan. 1, 2017. The report will include the human health impacts of lead in Illinois’ piped water supplies and monitoring data on lead levels from a variety of supplies. The lead monitoring data are public and published online on a weekly basis. 

On the East Coast, New Jersey introduced more than a dozen pieces of water quality legislation this session. Senate Bill 2062 gave $20 million to the New Jersey Department of Environmental Protection for remediation of elevated drinking water lead levels in public buildings. Additionally, Assembly Concurrent Resolution 161 established a joint legislative taskforce to study and make recommendations concerning drinking water infrastructure in New Jersey.

Pennsylvania and Rhode Island also passed water-related legislation. Pennsylvania House Resolution 916 urges the U.S. EPA and Department of Defense to provide remediation for water supplies contaminated by perfluorooctanoic acid (PFOA) and launch an evaluation of its health consequences. In Pennsylvania, Horsham, Warminster and Warrington townships in Montgomery and Buck counties have had to address PFOA in their water supplies. In Rhode Island, Gov. Gina Raimondo signed into law Senate Bill 3098, the Lead and Copper Drinking Water Protection Act, on July 12. It directs the state’s Department of Health to conduct baseline copper and lead testing for the water supplies of each local government, public school and licensed day care facility. 

In the West, New Mexico Senate Joint Memorial 14 requests the state’s Department of Environment to assess the risk of lead contamination to residents. Similarly, Arizona Senate Bill 1530, signed into law on March 10, requires public water systems to identify and provide notice to residents possibly affected by lead contamination of their drinking water, particularly from lead content in construction materials of the public water distribution system or corrosivity of the water supply sufficient to cause leaching of lead. 

Water Resources Control Act

U.S. infrastructure needs are not isolated to Flint and have motivated legislation in Congress. In the fall of 2016, the House and Senate passed versions of the Water Resources Control Act (WRDA) with considerable differences. 

The Senate passed its WRDA bill on Sept. 16. It integrates provisions from other proposed drinking water bills, including the GET THE LEAD OUT Act and Savings Act. It provides $4.5 billion for U.S. Army Corps of Engineers water resource projects and $4.8 billion for drinking water and clean water infrastructure. It also provides $220 million in aid to communities suffering from public health emergencies, including $100 million for Flint. There is also an expansion of the U.S. EPA’s WaterSense program and U.S. EPA assistance for small and disadvantaged communities. To address lead in public water, specifically in schools, the Senate’s WRDA will require a 15-day public notification period for lead contamination and a grant program for schools to test their water. 

The House Committee on Transportation and Infrastructure worked on its version of the WRDA bill, which passed Sept. 28. This committee does not hold jurisdiction over water quality, leaving the House bill significantly different from the Senate’s. It concentrates on Army Corps of Engineers projects and authorizes $170 million for infrastructure improvements in communities with public health emergencies. It also includes the same 15-day notification requirement for lead contamination.  

The next step is for Congress to hold a conference to reconcile the different WRDA bill provisions. Congress is scheduled to be in session until Dec. 16. While funding for infrastructure improvements in communities with public health emergencies has made it into both versions, the final amount appropriated will need to be determined.

About the Author

Kathleen Fultz

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