Water Authorization Legislation in Brief: H.R. 8 and S. 2800

Summary

The 115th Congress is deliberating two water authorization bills: H.R. 8, the Water Resources Development Act of 2018 (WRDA 2018), and S. 2800, America’s Water Infrastructure Act of 2018 (AIWA 2018). Both bills were introduced and marked up by their respective authorizing committees in May 2018.

H.R. 8 is focused on authorizing water resource projects and activities of the U.S. Army Corps of Engineers (USACE).

S. 2800 includes provisions related to USACE water resource projects and activities, provisions related to water-related programs of the U.S. Environmental Protection Agency (EPA), and a few provisions on water-related activities and authorities of the Department of the Interior (DOI).

For the 115th Congress, some of the issues related to these deliberations on the two bills include the scope of water issues to be addressed, how the legislation would affect federal spending, and how the legislation would affect federal and nonfederal investments in water infrastructure. In addition, there is some interest in altering how the USACE is structured and in modifying its operations and delivery of water resource projects.

Both H.R. 8 and S. 2800 include numerous provisions that address USACE-related activities. For example, both bills would authorize USACE to conduct new studies and construct new projects, and both would modify and extend existing project and program authorizations.

However, despite these similarities, numerous provisions in one bill have no counterpart in the other. In particular, many provisions in S. 2800 have no related provision in H.R. 8. For example, S. 2800 includes numerous provisions related to EPA-administered water quality and infrastructure programs. Most of these provisions occur in Title V, but other titles also include EPA-related provisions. Title V of S. 2800 would amend the Clean Water Act for various purposes (e.g., to reauthorize the appropriation of grants for sewer overflow projects and make stormwater management projects eligible, to authorize integrated planning to help municipalities comply with wastewater discharge mandates, and to require EPA to promote and integrate the use of green infrastructure into various agency activities). It also would amend the Safe Drinking Water Act (SWDA); among other amendments to the SWDA, the Senate bill would (1) make permanent the requirement to use U.S.-produced iron and steel in all projects receiving Drinking Water State Revolving Fund (SRF) assistance and (2) formally authorize EPA’s WaterSense program. S. 2800 would amend the Water Infrastructure Finance and Innovation Act (WIFIA; P.L. 113-121, Title V, Subtitle C) to authorize special terms for loan assistance provided to state Clean Water and Drinking Water SRF finance authorities. Further, it would require a study on WIFIA accessibility for certain communities. H.R. 8, in contrast, contains none of these provisions and generally remains focused on USACE activities.

This report provides an overview of H.R. 8 and S. 2800, including context related to the bills and the topics shaping deliberation associated with the USACE- and EPA-related provisions. Among the issues shaping deliberations are the extent to which the legislation improves delivery of water infrastructure, including USACE water resource projects, and the effect of the legislation on federal spending and nonfederal investments. As of May 31, 2018, no Congressional Budget Office cost estimates were available for H.R. 8 or S. 2800.