Madam President, the Senator is now considering S. 914, the Drinking Water and Wastewater Infrastructure Act of 2021. This legislation was reported unanimously last month by the Committee on Environment and Public Works on a vote of 20 to…
Madam President, the Senator is now considering S. 914, the Drinking Water and Wastewater Infrastructure Act of 2021. This legislation was reported unanimously last month by the Committee on Environment and Public Works on a vote of 20 to 0.
I rise today to join Senator Capito to urge our colleagues to join us in voting for the adoption of this legislation. The legislation will help upgrade our Nation's drinking water and wastewater infrastructure--investments that are sorely needed.
So that our colleagues understand the real need for drinking water and wastewater investments, let me just begin today by sharing a bit of my own personal history on these issues and invite our colleagues to maybe recall a bit of their own history.
My sister Sheila and I were born in Beckley, WV, a coal mining town in the southern part of the State. For 2 of the 6 years that our family resided in the Mountain State, we lived outside of Beckley, a coal mining town, and we lived alongside a stream known as Beaver Creek. We lived outside of Beckley by a couple of miles.
Sometimes, my sister and I, along with other kids in our tiny community, would play on the banks of Beaver Creek, chasing frogs, trying to catch the small fish that swam there. We were never allowed to eat fish caught in Beaver Creek, though, and our neighbors didn't eat them either. Why? Because we were told in no uncertain terms by our parents that it wasn't safe to eat those fish.
In time, we learned some of the reasons why it wasn't safe. Some of the septic tanks that nearby residents relied upon were not well maintained, and as a result, raw sewage and other pollution would sometimes end up seeping into Beaver Creek.
My sister Sheila and I would go on to grow up in Danville, VA, located right along the border with North Carolina. Danville, VA, had once been the last capital of the Confederacy. By the time we got there, it had become the home of Dan River Cotton Mills, as well as the world's biggest tobacco market. Even our radio station was WBTM, World's Biggest Tobacco Market. We lived in what I suppose was a middle-class neighborhood just outside of town, and we drank water from a well in our own backyard that was located less than 100 feet from our septic tank.
My senior year in high school, I was fortunate enough to win a Navy ROTC scholarship and attended Ohio State University. There, in Columbus, OH, we drank water provided by the city of Columbus, which also treated the sewage of the city's close to half a million inhabitants.
Several years after graduating from Ohio State in 1968 and while deployed to Southeast Asia as a naval flight officer fighting during the Vietnam war, I would learn that the Cuyahoga River, which flowed through Cleveland, OH, had actually caught on fire. I dubbed it ``the fire heard around the world.'' It served as a wake-up call to our Nation to get serious and begin addressing the air and water pollution that were all too prevalent in much of our country.
Spurred by this wake-up call, our President at the time, Richard Nixon, by Executive order and affirmed by the Congress, created the Environmental Protection Agency in 1970.
Inspired in part by the burning Cuyahoga River and outrage at the indiscriminate dumping of pollution into rivers, streams, and wetlands around this country, Congress enacted the Clean Water Act in 1972 over the veto of then-President Richard Nixon.
The goals of the Clean Water Act are at the same time simple and profound. These are the words: to ``restore and maintain the chemical, physical, and biological integrity of the Nation's waters.''
Let me repeat this: to ``restore and maintain the chemical, physical, and biological integrity of the Nation's waters.''
In the Clean Water Act, Congress ambitiously declared that the waters of the United States would be fishable and swimmable by 1983 and that there would be no more pollution discharged into our waters by 1985.
Two years later, in 1974, then-President Gerald Ford signed the Safe Drinking Water Act into law.
In the years that followed, cities and communities across our country applied to EPA for grant funding to help build new drinking water systems and improve existing ones. Similarly, with the help of EPA grants, communities across America built or upgraded wastewater treatment systems to clean up the wastewater being discharged into rivers and streams.
Over time, grant requests greatly exceeded the funding available through EPA grants. During the Reagan administration, a controversial new approach was proposed--the creation of revolving loan funds administered and managed by each State. After considerable debate and compromise, this proposal was enacted into law. I was serving in the House of Representatives at the time and ended up supporting that proposal. Thus, the concept of State revolving funds was born in 1987. The Clean Water Program was an alternative financing mechanism for the construction of wastewater facilities. Congress extended the same revolving loan fund concept to Federal drinking water programs in 1996.
Federal funds seeded revolving funds in all 50 States and in Puerto Rico and provided support for projects in the other territories and in the District of Columbia, right here. This Federal support leveraged State and local funding, along with revenues generated by utilities.
In the years immediately following the creation of these funds, Congress periodically modified them to meet the changing needs in cities and communities across our country and inspire the use of new technologies.
In more recent years, however, the programs languished, and the authorizations for the State revolving funds were in dire need of updating.
In 2018, for the first time in 22 years--22 years--Congress reauthorized the Drinking Water State Revolving Fund. It did so for 3 years. The Clean Water State Revolving Loan Fund, used for wastewater and other vital needs, has not been reauthorized in nearly--get this-- 35 years, and now the Drinking Water State Revolving Fund is set to expire at the end of this year.
Somebody should do something, and that somebody is us. Needless to say, we have fallen woefully short of Congress's lofty ambitions to create fishable and swimmable waters by 1983 and to eliminate the discharge of pollution in navigable waters by 1985. It is also clear that the system we have now, despite our best efforts, isn't enough to meet the needs of our communities, particularly those who cannot afford to participate in loan programs to upgrade increasingly inadequate drinking water and wastewater facilities.
For far too many families in this Nation, access to safe, clean drinking water and a healthy environment is, frankly, a dream, just a dream, and a lot of folks, too many folks, face a real crisis.
All too often, we see headlines telling of the poor state of water infrastructure in our country and its lack of resilience in the face of severe weather. Not that long ago in Texas, earlier this year, nearly 15 million people--15 million people--lost access to clean water when plummeting temperatures broke water mains and brought power down at drinking water facilities across that State. In Jackson, MS, that same harsh weather caused over 80 water main breaks and left tens of thousands of people without water, particularly in predominantly African-American neighborhoods.
But, as we all know, this goes well beyond a few isolated cases. The problem of water in our Nation runs much deeper. Millions of Americans still lack consistent access to clean drinking water today.
The American Society of Civil Engineers' 2021 report this year reported that America's infrastructure--they give out grades: A, B, C, D, E, F. They gave our water systems a grade of C-minus.
I don't know about my colleagues, but I never got much of a pat on the back when I brought home a C-minus on my report card, and neither did my sister. C-minus is not satisfactory in my family or, I think, for our country.
That same report early this year also revealed that there is a water main break every 2 minutes--every 2 minutes--in the United States and that 6 billion gallons of treated, drinkable water are lost each day to leaks and crumbling water supply systems. That begs the question: How much is 6 billion gallons, anyway? Well, it is enough lost water to fill 9,000 swimming pools. Let me repeat that. It is enough water to fill 9,000 swimming pools--not each year, not each month, not each week--every day. Some communities report losing a quarter or even half of their drinking water to leaking pipes.
In my own State of Delaware, where Senator Coons and I come from, communities like Ellendale, DE, in the southern part of our State, struggled for years to find and afford safe alternatives for increasingly polluted drinking water wells. Ellendale is not alone. Thousands in communities of color and Tribal communities, rural communities, and others struggle, not only with access to clean water and wastewater treatment, but also with the capacity to afford the infrastructure necessary to provide and meet those services.
Let me emphasize: Clean water is an essential part of our healthy lives, healthy economics, and a healthy environment. But for those communities who simply cannot afford to pay back loans for needed water infrastructure, we have to find a better way.
I think by working across the aisle and working hard, our committee-- the Environment and Public Works Committee--is suggesting that by way of this legislation before us today.
I am pleased to report that these are the challenges that we have sought to address head-on with this legislation. This bipartisan legislation that we consider today authorizes more than $35 billion for drinking water and wastewater infrastructure programs at the Environmental Protection Agency over the next 5 years. These programs will create jobs and make our communities healthier by building, by repairing, by upgrading, and by modernizing our Nation's aging drinking water and wastewater infrastructure systems.
Here is how.
First, the measure takes the historic step of reauthorizing the Clean Water State Revolving Fund for the first time in 35 years--35 years. And it does so by increased funding levels for the first time since 1987. This legislation also reauthorizes the Drinking Water State Revolving Fund, a program whose authorization expires, I mentioned earlier, at the end of this year. This fund helps to ensure that clean water flows whenever we turn on our faucet--that clean water comes out of it.
Next, this bill makes sure we are helping our fellow Americans most in need--the least of these, the most in need--by boosting funding for programs that fund projects in low-income areas, rural communities and Tribal lands, and communities of color that have historically been left behind by investments in our water infrastructure. According to a recent analysis, water systems with multiyear Safe Drinking Water Act violations are 40 percent more likely to be in places with higher proportions of people of color. Drinking water quality violations are by far the most frequent in low-income rural communities, where local governments struggle to finance the most basic water infrastructure needs.
To help resolve this historic injustice, more than 40 percent of this bill's investments are targeted to help disadvantaged communities. Our bill authorizes more than a billion in new funding to reduce lead in drinking water. And particularly for our country's rural areas, Tribal populations and low-income neighborhoods, our bill invests another billion into programs to connect households to drinking water and wastewater systems and services.
Wide disparities in opportunity and investment are also present in Tribal communities. Our legislation grows the Tribal Drinking Water Program by 20 percent and reforms programs to help
Tribal education agencies remove lead from their drinking water systems, too.
This legislation does far more than just fix what is broken. To borrow a phrase from our President, Joe Biden, this legislation actually does ``build back better'' by fortifying water infrastructure for new and worsening climate realities.
I will be honest with you, Madam President and colleagues. In this country, ours is a future that promises more severe weather events like hurricanes, like floods, droughts, and bitterly cold weather. It is a future, like it or not, with more and more people living on the frontlines of sea level rise, like my home State of Delaware, the lowest lying State in our Nation.
To that end, the bill provides a combined $500 million to make our water infrastructure systems more resilient and adaptable in the face of extreme weather events. Within that historic investment is a new $125 million program which will, for the first time, provide grants to communities seeking to fortify their wastewater systems against climate change's impact.
Finally, with our eyes focused on the future, our bill expands government's role in researching and developing the water technologies for tomorrow, by investing in technologies to improve, for example, storm water control and waste management. By doing so, we can help American companies export innovation while not exporting jobs, rather by creating them right here. This is not just a bill to spend and build on but legislation that would direct our Agencies to build and spend more wisely. We know that investment in innovation, as envisioned in the bill before us, can have a profound positive impact on our economy, creating jobs and fostering growth for our entire Nation. We can, in short, seize the opportunity in the face of so much adversity. As we say in Delaware, ``Carpe diem. Seize the day.'' Actually, we say: ``Carper diem. Seize the day.''
There is an old African proverb that comes to mind that goes something like this: If you want to go fast, travel alone. If you want to go far, travel together. On this bill, I can proudly say Senator Capito and our colleagues on the Environment and Public Works Committee have chosen to travel together. The Drinking Water and Wastewater Infrastructure Act of 2021 passed out of the Environment and Public Works Committee with a resounding vote of 20 to 0.
And from outside the Halls of Congress, this bill has earned praise from across the political spectrum, from big cities to small communities. A group of government officials that includes the U.S. Conference of Mayors wrote that this measure will ``help address the many water infrastructure challenges that communities face. Local leaders support the Drinking Water and Wastewater Infrastructure Act as a reliable, long-term and increased federal investment in water infrastructure.''
Representing our less-populated areas of the country, there are places like Raleigh County in West Virginia. Raleigh County is where I was born, where my sister and I were born. Senator Capito knows it well. Senator Manchin knows it well. His wife is from there. Representing places like Sussex County in southern Delaware, the Rural Community Assistance Partnership says this about our legislation: ``Proud to support this bill because Americans deserve clean, safe, reliable, and affordable drinking water, regardless of the community's size or zip code.'' I could not agree more.
We know that access to safe, reliable and healthful water isn't a blue State or red State issue. It is an issue that goes to the core of the promise afforded to every American in Thomas Jefferson's Declaration of Independence--largely penned by Thomas Jefferson--with these words: a promise of ``Life, Liberty, and the pursuit of Happiness.'' If we would be honest with ourselves, none of us can expect to pursue, much less enjoy, this American ideal if we don't have access to clean water to drink, because without water we have no life.
The need for action on this issue is clear. To that end, I have been grateful to the partnership of our ranking member, Senator Capito. I am proud this measure is the very first piece of infrastructure legislation, I believe, to be reported out of a Senate committee in this the 117th Congress. The Environmental and Public Works Committee has a long tradition, as some know, for working across the aisle to get significant legislation over the finish line. This bill is the latest example of the kind of work that we do.
I would like to say we are work horses, not show horses.
This is the first one that Senator Capito and I have been able to work on together, and I am grateful for all that she and her staff have done to help get us here to this day. I oftentimes say that bipartisan solutions are lasting solutions. Think about that: Bipartisan solutions are lasting solutions. That is how I think we should approach almost all of our work here in the Senate--by reaching out to our colleagues across the aisle, where we can, creating lasting solutions to problems and challenges facing our Nation. This bill before us today is a product of that kind of partnership.
The legislation is the result of tireless, dedicated work by the ranking member, Senator Capito, by her staff, and by my own. I want to thank them and every member of our committee for all their outstanding, bipartisan work and for all their contributions to helping us craft this legislation over the last several months.
I especially want to note on my staff: John Kane, sitting behind me; Margaret McIntosh, known as ``Mackie''; Tyler Hofmann-Reardon; and our fearless staff director, Mary Frances Repko. And I want to thank another member of our team, who used to be a part of our EPW team and is now leaving our staff. This is her last day--Ashley Morgan. We want to thank her for all her help in the last couple of years. I also want to thank Adam Tomlinson for his leadership with Ranking Member Capito and her EPW team, including Jess Kramer and Travis Cone. We thank them all very, very much.
Finally, a big shout out to our Water Subcommittee chair, Senator Duckworth, for taking the lead to introduce this excellent measure, along with Senator Cardin and EPW subcommittee ranking members, Senator Lummis of Wyoming and Senator Cramer. It has been a pleasure to work with each of you and your staffs. I would go so far as to say that it was a labor of love.
With this bill's level of support, it is my hope that we can seize this momentum and pass this measure quickly this week. I urge all my colleagues to join Senator Capito and me in supporting this excellent bill.
Before I yield the floor, I want to reflect on last night and the address that was brought to us by our President from Delaware, Joe Biden, a long-time friend and colleague. I was encouraged by his remarks. He is not a very partisan person, and I think he reached out a hand of friendship to the other side of the aisle, in both the House and the Senate, to try to work together.
I am a retired Navy captain, a Vietnam veteran, and a big believer in leadership by example. In our committee, the Environmental and Public Works Committee, Democrats and Republicans--Senator Capito and, before that, John Barrasso; before that, Barbara Boxer and, gosh, Jim Inhofe, as chairs of our committee--we have sought to provide bipartisan leadership and show by example, and we are trying to do that again here today.
My hope is that, God willing, about a month from now, we will bring another bill up for a vote for debate in our committee on surface transportation, roads, highways, and bridges, and maybe continue to set a good example for this body and for the administration and the House, too.
With that in mind, I am looking for Senator Capito. I don't see her on the floor, but I do see the whip, my friend Senator Thune. I think maybe I should yield to him.
I should tell you guys that Senator Thune and I, almost every Thursday, are joined with the Chaplain of the U.S. Senate, Barry Black, a retired admiral who is Chaplain of the Senate now. He is good enough to host a Bible study in his office space. We usually end up sitting there. It is one of my favorite parts of the week.
Almost every week he reminds us of Matthew 25. Senator Thune knows the Bible better than most pastors. It is true. Senate Chaplain Barry Black will oftentimes remind us of Matthew 25. It starts like this: ``When I was thirsty, you would give me to drink.''
We have, I think, a moral imperative to act on this legislation, to make it better, and to be able to hammer out a compromise with the House and the administration. There is a moral imperative to pass legislation of this nature.
There is also a fiscal imperative. I spoke about filling up how many thousands of swimming pools from one water leakage a day.
There is a health imperative here in the middle of the worst health crisis in 200 years.
There is an economic imperative, as well. It is hard to foster economic growth and development in communities where wastewater is not treated and there is drinking water you can't drink. Who wants to set up a business and go into business in places like that?
There are a lot of reasons we need to embrace this legislation, make it better if we can, and send it off to the House and get it to conference.
We have been joined by a new Presiding Officer. He has just joined us straight from New Jersey. For many years, he, Senator Booker, has joined us in our Bible study. He, Senator Duckworth, and I formed a caucus that is designed to make sure we don't overlook the least of these, and I salute him for his leadership and good work in that regard.
With that, I see Senator Capito here. I am not sure if I should yield to the whip, Senator Thune, or yield to her.
I yield the floor.
Mr. President, my neighbor, I want to take a few minutes this morning--additional minutes this morning to discuss the water issues facing rural America, and the Presiding Officer comes from the Garden State, and a lot of people who have heard Senator Coons and me talk about our State think of us as the poultry State. We think, for about every person who lives in Delaware, we have got about 300 chickens. We raise a lot of the corn and soybeans to feed those chickens. So almost every State is a rural State in one way or the other.
But the issues facing rural America often do not get the same level of attention or assistance with drinking water and wastewater programs that larger, more urban or suburban areas receive.
As our Committee on Environment and Public Works was drafting the Drinking Water and Wastewater Infrastructure Act of 2021, the legislation before us today, many of us focused on the need to invest in small, rural, and disadvantaged communities because they often--to be honest with you, often get left behind.
These communities are overlooked or overburdened when it comes to addressing the drinking water and wastewater needs of their residents too often.
Most of our country's drinking water and wastewater utilities are small. Approximately, 80 percent of the country's almost 17,000 wastewater utilities serve a population of fewer than 10,000 people. More than 90 percent of the country's 43,000 community water systems serve a population of fewer than 10,000 people.
Small and rural communities have more difficulty affording public water service. These communities lack the population density needed to financially support a public drinking water system, and if they have managed to build a system, they often lack the people to properly staff it.
In fact--I was shocked to hear this, but 43 percent of small water systems are operated and staffed by one person, by one single person. Forty-three percent of small water systems are operated and staffed by one person.
These rural towns' and villages' drinking systems face the same challenges as large systems, larger systems, in making sure that water is safe, making sure the water is clean, making sure that the water is reliable.
Complicating matters, these communities have to do it with far fewer resources, in many instances.
I want to share just a couple of examples of challenges facing these communities just from my own home State, and I am sure every Member of this body can provide examples in their own States.
For example, there is a town called Selbyville. It is right on the Delaware-Maryland line, not too far from Rehoboth Beach and Dewey and Bethany Beaches. But Selbyville is currently operating without a fully licensed water treatment operator due to the death of a longtime operator who passed away after a long battle with cancer. The only other licensed operator for the town is currently out on disability, and the remaining two operators are not fully licensed.
Through the Technical Assistance Program that this bill would reauthorize, the town has been able to obtain the required training to prepare the two partially licensed operators for the State licensing exam.
This program has helped to train these individuals in areas like disinfection control, filtration, provide the onsite technical assistance for leak detection and hydrant maintenance.
Another example, the Pepper Ridge Mobile Park in Frankford, DE--not too far away--suffered many years of waterline breakage, low water pressure, no hydrants, valves, levers, and inadequate distribution lines.
The Delaware Rural Water Association, through our State revolving fund, was able to obtain funds to do a full water line upgrade.
And incidentally, we will also reauthorize this program at an increased level of funding.
This legislation before us today specifically helps rural and smalltown America by reauthorizing critical programs like the ones I just mentioned in my own State and by adjusting the cost share for these communities to make these infrastructure upgrades more affordable to ratepayers.
Passing this legislation will be an important step toward addressing the overwhelming infrastructure needs of 43,000 water systems in rural communities, many of which have one person operating that system.
According to the most recent EPA drinking water infrastructure assessment, rural drinking water needs are currently estimated at $74 billion over the next 20 years, including $3.3 billion just for Indian Country.
To help rural communities, this bill expands drinking water technical assistance opportunities for rural communities by authorizing more than $75 million in technical assistance grants.
We have been joined on the floor by the prime author of this legislation, the Senator from Illinois, and I am just going to stop where I am in my discourse on rural American water needs of a lot of our rural communities and to yield the floor, unless Senator Capito-- no. Senator Duckworth.
I just want to thank Senator Duckworth for being the prime sponsor of this legislation, for allowing the rest of us--we have a big racetrack, Dover Downs NASCAR track, we use the term ``drafting,'' when one car gets really close behind the other and kind of holds on, but we want to thank Senator Duckworth for allowing the rest of us to draft on her legislation that she and Senator Lummis from Wyoming have introduced, and we are grateful for her leadership
I yield the floor.
Reserving the right to object, I cannot agree to this unanimous consent request because this is the exact reason why we don't amend complicated formulas on the floor with limited oversight.
This bill was hotlined last night, I think, with the current language from Senator Rubio, and now he would like to change it here literally at the last moment. With all due respect, I just cannot agree to that.
I said to him in a conversation on the floor that I think he knows me well enough that I am willing to work with him and others who would like to see some modifications in this formula going forward. This is not the end of the trail. We will have a conference with the House. We will have negotiations with the White House.
I just want to say to Senator Rubio that I look forward to working with him and Senator Capito to consider the changes that he is proposing but not to do it at the last minute here on the floor. I am unable to do that.
I reluctantly object, but I am going to have to do that. I object
Mr. President, our committee has worked on this legislation all year. We have had hearings. We have had meetings, discussions at the staff level and Member level to try to come to an agreement on all kinds of provisions to the bill, and we are prepared to do more of that once this legislation is adopted.
But we reported this bill unanimously because it will benefit citizens across our Nation, better ensuring that, no matter where they live, they will have access to clean and safe water.
Our bill ensures that every State, territory, and Tribe will receive more funding to make critical investments in clean water projects. But by proposing a formula that only takes population growth into account-- only takes population growth into account--Senator Rubio and Senator Scott's amendment will ensure that many States, including rural States, territories, and Indian Tribes, will lose water infrastructure funding, in some cases as much as 80 percent.
We cannot afford to take money away from these governments when their needs are so great, especially in communities that have historically been underfunded and underserved. That is why more than 50 different organizations, from the U.S. Chamber of Commerce to the League of Conservation Voters and a whole lot of others in between, oppose this amendment.
As a result, I ask unanimous consent to have printed in the Record a list of those organizations--a growing list of those organizations.
I urge my colleagues to join me and Senator Capito in voting no on this amendment--again, looking forward to subsequently working with Senators Rubio and Scott to see if we can come to a consensus on these changes.
I yield time.
Mr. President, the Shaheen-Collins amendment makes changes to the State Response to Contaminants Program. Specifically, the amendment expands the provisions for the State Response to Contaminants Program from covering just underserved communities to also small and disadvantaged communities, to allow communities that are financially unstable, which cannot afford to address contaminants, or small, which means less than 10,000 people in population, to qualify for grants to address contaminants in the drinking water.
This is a good amendment, and we thank the sponsor and also join here in cosponsoring. I urge a ``yes'' vote and a voice vote.
Mr. President, I rise in support of Senator Kennedy's amendment because we need to know more about boil orders, something that I, frankly, hadn't heard a lot about. I thank the Senator for bringing it to our attention.
We are in support of this amendment. These are frequently used, and transparency is needed on them.
I yield to the gentlewoman from West Virginia.