Senate approves Fischer bill to give state, local governments more flexibility to invest in water infrastructure

The Senate approved a bill last week that U.S. Sen. Deb Fischer (R-NE) introduced to give municipalities more flexibility to comply with Clean Water Act (CWA) requirements when undertaking water infrastructure projects.

Water infrastructure ranks as the third largest expense for state and local governments, with 6 to 7 cents of every tax dollar, on average, supporting water or sewer systems, the U.S. Conference of Mayors reports. Meanwhile, CWA requirements for stormwater and wastewater projects add to the costs of water infrastructure projects.

The bipartisan Water Infrastructure Flexibility Act, S. 692, would give states more flexibility to prioritize investments in wastewater and stormwater projects by codifying Environmental Protection Agency (EPA) memorandums on water tools and affordability. The measure would also establish an Office of the Municipal Ombudsman within the EPA to help cities comply with federal environmental regulations.

“Nebraskans who live in the Omaha metro area know the burdens of complying with expensive, unfunded EPA mandates that result in higher utility bills,” said Fischer, a member of the Senate Environment and Public Works Committee. “With this bipartisan water infrastructure bill, cities and local communities will have greater flexibility to prioritize projects. I want to thank my colleagues on both sides of the aisle for working together to improve our nation’s water infrastructure.”

The bill, which Fischer introduced with support from U.S. Sens. Sherrod Brown (D-OH), Ben Cardin (D-MD), Rob Portman (R-OH) and Roy Blunt (R-MO), would also encourage the EPA to promote green infrastructure, which focuses on reusing stormwater runoff at the sites where it originates. Additionally, the EPA would be required to expand its criteria for affordability determinations and to revise affordability guidance.

In March, Fischer, Cardin and Brown received a letter of support for the bill from the U.S. Conference of Mayors, the National Association of Counties and the National League of Cities.

“Cities and counties spend over $115 billion per year to provide safe and reliable water and sewer services and maintain a vast physical infrastructure of pipes, pumps and plants,” the letter stated. “While we thank Congress for providing $2 billion annually to the water and wastewater State Revolving Fund programs, these loans are not enough to cover the estimated costs to maintain and replace our aging infrastructure.”

Additionally, the organizations noted that local governments must spend additional resources to comply with numerous federal and state unfunded mandates, which further limits the money available for water infrastructure.