Spring 2025 Legislative Update
Perspectives
President’s Budget Spurring Strong Pushback to Preserve Clean Water Investment
NACWA is sounding the alarm over President Trump’s Fiscal Year 2026 “skinny” budget, which calls for Congress to approve a budget containing a nearly 90% reduction in funding for the EPA’s Clean Water and Drinking Water State Revolving Funds (SRFs). These cuts—totaling close to $2.5 billion—would have a major impact on the state programs this year and moving forward, could devastate the ability of the state programs to revolve and serve as a key financing source for public clean water agencies.
It is not uncommon for Administrations to propose cuts to the SRFs in their annual budgets. Given that the SRFs are a large piece – around 50% -- of EPA’s total budget, they are often pared back in a show of reining in spending, with the expectation that Congress will restore funding.
What’s different this year is the scale of the proposal, at nearly 90%, under the claim that sufficient dollars have now been provided to the SRFs to revolve so that further appropriations are unnecessary. This of course overlooks that not all dollars sent to the SRFs revolve (due to earmarks, additional subsidization, and administrative costs), that the by-design low interest rates repaid by borrowers do not keep the funds growing with inflation, and of course the ever-increasing national water infrastructure investment need.
Another difference this year is the budget’s pointing to WIFIA as an alternative to the need for further SRF investment. While WIFIA has grown over the last decade into a powerful financing tool particularly for large and complex projects, it is in no way a replacement for the funds that serve thousands of projects across the country annually.
For public clean water agencies, SRFs are not optional—they are the primary federal tool for investing in aging infrastructure, upgrading treatment facilities, and keeping rates affordable. The consequences of these proposed cuts would be swift and severe for communities with projects already in the SRF pipeline, and we would anticipate seeing communities forced to delay or cancel planned projects and increasing rate pressure on households and businesses.
The Administration also argued that SRFs have become a “federal crutch” and that states should take on more responsibility. But this view ignores the realities utilities face on the ground. Public clean water agencies are operating under intense financial and regulatory pressure—grappling with inflationary construction costs, stricter environmental mandates, emerging contaminants like PFAS, and aging infrastructure in desperate need of reinvestment. States also provide federal match to the SRFs. The SRFs has long represented a productive partnership—not a handout.
While these cuts are a real threat – much more so that prior years, given the sway the current White House holds in Congress and the overarching focus on reining in domestic spending, including at EPA – these proposed cuts can also help drive a groundswell of support for and education around clean water investment. This outreach needs to come from all stakeholders – clean water agencies and local governments, the private sector partners that benefit directly from utility investment, environmental advocates, and our supporters on Capitol Hill. NACWA has provided resources to help utilities engage and is working to coordinate across stakeholder groups at the national level.
Fortunately, there is bipartisan attention to these concerns building in Congress. Members of both the Senate and House Appropriations Committees—Republicans and Democrats alike—have pushed back on the EPA cuts in recent hearings, questioning how the Agency can meet even its core responsibilities with such a drastically reduced budget.
During a Senate Environment and Public Works Committee hearing last week, Chair Shelley Moore Capito (R-WV) expressed strong concern over the administration’s proposed cut to the SRFs, questioning EPA Administrator Lee Zeldin’s claim that congressional earmarks justify such reductions. Capito emphasized that the proposed cuts are so severe that they would leave insufficient funding not only for earmarks but also to sustain ongoing and future infrastructure projects, especially in rural and underserved communities like those in West Virginia. The Chair wants EPA to actively collaborate with Congress and the water sector to keep the SRFs a reliable and sustainable source of investment.
Adding to the concern, the budget calls for an overall 55% reduction in EPA’s funding—cuts that could hamstring the Agency’s permitting, enforcement, research, and technical assistance capacities, and weaken the essential coordination between regulators and utilities at a time when collaboration is needed more than ever.
NACWA urges every public clean water utility to make its voice heard. Engage with your Members of Congress. Share what these proposed cuts would mean for your utility, your ratepayers, and your ability to deliver reliable, affordable, and environmentally compliant wastewater services. The federal government must not walk away from its role as a clean water partner.
As budget negotiations continue, NACWA will continue leading the charge to protect SRF funding and EPA’s core programs. But we need your stories, your data, and your advocacy to underscore the real-world consequences. Clean water is not a luxury—it’s a shared national commitment. And now, more than ever, that commitment must be upheld.
Trump Budget Proposal Sparks Bipartisan Concern and Warnings Over Infrastructure Cuts – Utility Outreach Needed!
Sweeping reductions to the U. S. Environmental Protection Agency (EPA) and deep cuts to core water infrastructure programs included in President Trump’s FY 2026 “skinny” budget proposal has sparked sharp bipartisan concern on Capitol Hill, particularly the administration’s plan to slash funding for the Clean Water and Drinking Water State Revolving Funds (SRFs) by nearly $2.5 billion. That move would represent an almost 90 percent reduction from current FY 2025 funding levels.
While NACWA is strongly advocating against these proposed cuts, it is also critical that NACWA members weigh in with their Members of Congress as well and express opposition to slashing clean water funding. NACWA has published an Advocacy Alert and a template letter to help members with this outreach.
The White House has justified the cuts by claiming states should take on more responsibility for water infrastructure financing and labeled the revolving funds a federal “crutch.” Lawmakers from both parties, however, are preparing to challenge these proposals, beginning with a series of appropriations hearings this week.
At a May 14 Senate Interior-Environment Appropriations Subcommittee budget hearing with EPA Administrator Lee Zeldin, Senators of both parties, including Chairwoman Lisa Murkowski (R-Alaska), pushed back on the Trump Administration’s proposed cuts to the SRFs.
On May 15, the House Interior-Environment Appropriations Subcommittee similarly held their hearing with Administrator Zeldin. In a promising sign, both the House Subcommittee Chairman Mike Simpson (R-Idaho) and Ranking Member Chellie Pingree (D-Maine) are raising bipartisan concerns over how EPA can meet its responsibilities under the proposed budget’s significant reductions to EPA funding and staffing.
Additionally, state regulators from both parties have pushed back, warning that such cuts could stall thousands of projects and impose major cost burdens on municipalities. House Democrats have pointed out that the cuts would disproportionately harm rural and disadvantaged communities, while a 55 percent overall reduction to EPA’s budget would undercut scientific research and response to contaminants such as PFAS.
While the bipartisan resistance is heartening as Congress begins shaping the FY 2026 spending bills, Congressional leadership still faces significant pressure to align with the President’s requests and to cut funding to agencies including EPA. While lawmakers have made clear that slashing EPA’s budget and gutting programs like the SRFs puts public health, environmental protection, and infrastructure investment at risk, how far they are willing to go against the proposal is still up for debate.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs, to discuss.
U.S. House Passes Reconciliation Bill in Early Morning Vote, Leaves Municipal Bond Tax Exemption Intact
In the build-up to Memorial Day Weekend, the top focus on Capitol Hill has been the Republican budget reconciliation bill, dubbed by leadership as “The One, Big, Beautiful Bill.” This is the legislative vehicle that Congressional Republicans and President Trump hope to use to enact their core legislative priorities. In a vote early Thursday morning, Republicans succeeded in passing their bill along party lines through the House.
One key item of concern for the public clean water community has been whether the package would include provisions limiting or eliminating municipal tax-exempt bonds. Fortunately, thanks in part to strong advocacy by NACWA, its members, and the water sector, the House bill does not change the municipal bond tax exemption.
NACWA appreciates the hard work of the House Municipal Finance Caucus, led by Rep. David Kustoff (R-Tenn.), to help ensure municipal bonds were protected. Following passage of the bill, Congress left Washington for its Memorial Day recess, after which attention will turn to the Senate and hopes to pass the reconciliation bill into law by July 4.
The reconciliation process is a once-per-fiscal-year opportunity that can allow the majority party to more easily enact its agenda, as it requires only a simple majority vote threshold (versus 60) to pass the Senate. NACWA has prepared a brief overview of the process for members and how it is distinct from appropriations.
Over the last week, Republican leadership worked aggressively to amend and advance the bill through the House.
President Trump made a rare visit to the House of Representatives to press for a deal and Majority Speaker Mike Johnson (R-La.) strove to align conservative and moderate factions of the party. Key areas of contention include cuts to Medicaid and raising the deductions for state and local taxes (known as SALT). There are also broad concerns regarding the significant increase in the federal deficit that the package is expected to generate. Bill proponents argue the deficit impact is overinflated and will be addressed through increased economic activity in coming years.
Another point of interest for some clean water utilities relates to the green energy credits enacted as part of the Inflation Reduction Act. The House bill sets end dates for key IRA green energy initiatives.
NACWA continues to keep a close eye on the bill as it moves forward. The Senate will focus on developing and passing its version of the bill when it returns after the Memorial Day Recess.
Members with questions can contact Kaitlyn Montán, NACWA’s Director of Legislative Affairs.
NACWA Treasurer Kyle Dreyfuss-Wells, CEO of the Northeast Ohio Regional Sewer District (NEORSD), testified on behalf of the Association during an April 30 Senate Environment and Public Works (EPW) Committee hearing titled “Building on the IIJA’s Successes: Identifying Opportunities to Strengthen Water Infrastructure Programs.”
Dreyfuss-Wells focused her testimony on the importance of the Clean Water State Revolving Fund (CWSRF) and the Infrastructure Investment and Jobs Act (IIJA). She emphasized how NEORSD, Ohio’s largest clean water utility, relies on the CWSRF for affordable financing to support major infrastructure projects — such as for a $220 million tunnel project, which is saving the utility an estimated $50 million through favorable loan terms.
Additionally, Dreyfuss-Wells highlighted how IIJA funding and principal forgiveness have expanded access to the CWSRF, particularly for smaller communities. She urged Congress to reauthorize the CWSRF using IIJA funding levels as a baseline.
The hearing marked the formal launch of efforts to reauthorize the Drinking Water and Wastewater Infrastructure Act (DWWIA), which was incorporated into the IIJA and is set to expire at the end of Fiscal Year 2026. The IIJA delivered a historic $50 billion investment in water infrastructure over five years, representing the largest federal commitment to drinking water, wastewater, and stormwater systems in a generation.
EPW Committee chair Sen. Shelly Moore Capito (R-W. Va.) emphasized the need to reauthorize the IIJA’s water infrastructure programs before they expire next year, highlighting the law’s historic investment and its role in advancing thousands of projects nationwide. She outlined key priorities for reauthorization: improving access to funding for small and underserved communities, restoring the balance of cooperative federalism by reaffirming state leadership, and ensuring programs remain focused on outcomes.
Additionally, representatives from the National Rural Water Association and the Association of State Drinking Water Administrators also testified before the Committee.
EPW Committee members engaged the panel on a range of critical issues facing the water sector, including the importance of upholding the foundational principle of cooperative federalism in water infrastructure policy, ensuring water affordability for all communities, addressing the costs and challenges of removing PFAS from drinking water, and other key priorities such as infrastructure resilience, regulatory flexibility, and the capacity needs of small and rural systems.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs, to discuss.
Clean Water Professionals Converge on DC for 2025 Water Week and Water Policy Fly-In to Advance Sector Advocacy Priorities
More than 750 water advocates and professionals gathered in Washington, DC in April for the 2025 National Water Policy Fly-In, the cornerstone event of Water Week 2025. Co-hosted by NACWA and its water sector partners — including the American Water Works Association (AWWA), the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the Water Research Foundation (WRF), and the WateReuse Association — the Fly-In brought utility representatives and policymakers together to elevate the critical challenges facing the U.S. water sector and advocate for practical, forward-thinking solutions.
The event began with an EPA Office of Water Directors Panel followed by remarks from Jessica Kramer, Senior Advisor to the EPA Administrator for Water and the current nominee to become the next Assistant Administrator for Water. Kramer shared her vision for the Office of Water, emphasizing strong utility partnerships and continued investment in water infrastructure and practical science-based regulations. Her presence underscored the importance of utility engagement in shaping regulatory policy from the ground up.
The EPA office directors, including Andrew Sawyers from the Office of Wastewater Management, Jennifer McLain from the Office of Ground Water and Drinking Water, Tanya Hodge Mottley from the Office of Science and Technology, and Brian Frazier with the Office of Wetlands, Oceans, and Watersheds, discussed how each of their offices are implementing Administrator Zeldin’s “Powering the Great American Comeback Initiative” and are reviewing their regulatory policies to conform to each of the five “pillars” outlined in the initiative. The directors addressed a variety of issues including federal funding programs and current regulatory initiatives around PFAS and Lead and Copper Rule Improvements, as well as potential revisions to the Waters of the United States regulations.
The Fly-In program wrapped up with remarks from Sen. Mark Kelly (D-Ariz.) and Rep. Jared Huffman (D-Calif.) who both discussed the importance of water issues, how Congress plans to address them this year and the critical need for the water sector to continue advocating with their federal elected leaders.
After the Fly-In program concluded, attendees participated in a Water Week reception at the headquarters of NACWA Member Agency DC Water to mix and mingle and continue discussing advocacy priorities.
Many Fly-In participants also used their time in Washington to meet with their Members of Congress as well as attend meetings with EPA and other federal agencies.
NACWA thanks all of its water sector partners for their hard work in helping plan Water Week events and thanks DC Water for hosting the Water Week reception.
Members with questions may contact NACWA’s Sr. Director of Regulatory Affairs Emily Remmel or Matt McKenna, NACWA’s Director of Government Affairs to discuss.
NACWA submitted written testimony to the House Appropriations Subcommittee on Homeland Security urging the FY 2026 Homeland Security appropriations bill include language encouraging full use of the 6 percent set-aside authorized for the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program.
Under current law, the administration may allocate up to 6 percent of FEMA’s annually appropriated Disaster Relief Fund to support the BRIC program. This initiative provides federal funding to states, territories, tribal governments, and local communities to undertake pre-disaster mitigation efforts.
Since its inception, BRIC has incentivized public infrastructure projects that are designed to mitigate risk to one or more FEMA lifelines and prioritized projects that incorporate nature-based approaches. Several NACWA members currently have projects supported by BRIC funding – however, the Trump Administration has begun pulling funding from some of these initiatives. NACWA is closely following these developments and is weighing in now with Congress on appropriations to make sure lawmakers understand how critical the BRIC program is.
With water utilities facing mounting challenges—from aging infrastructure and regulatory compliance to emerging contaminants and the impacts of climate change—federal investments such as BRIC are more vital than ever. NACWA’s testimony stressed that wastewater utilities in particular are grappling with increasingly complex and costly needs, and that the BRIC program has played a critical role in helping utilities implement both essential upgrades and large-scale infrastructure modernization projects.
NACWA’s testimony called on Congress to ensure the BRIC set-aside is fully leveraged to strengthen the nation’s climate resilience and safeguard public health through proactive water infrastructure investment.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs, to discuss.
NACWA has submitted written testimony to two key House Appropriations Subcommittees calling for critical funding in the upcoming FY 2026 appropriations process.
In its testimony to the House Appropriations Subcommittee on the Interior, Environment, and Related Agencies, NACWA called for the full appropriations for the Clean Water State Revolving Fund (CWSRF) at the authorized level of $3.25 billion, stressing that while the Bipartisan Infrastructure Law (BIL) provided a temporary funding boost, strong annual appropriations remain essential to meet growing infrastructure needs—now estimated at $630 billion over the next 20 years.
NACWA also asked that Congressionally Directed Spending (also known as earmarks) be additive to the CWSRF total and recommended allowing a portion of SRF funds to support emerging clean water technologies.
In addition to CWSRF funding, NACWA supported several U.S. Environmental Protection Agency (EPA) programs critical to clean water utilities, including $280 million for sewer overflow and stormwater grants, $75.6 million for WIFIA loans, and $6 million for water workforce development. Other key requests included funding for affordability initiatives, technical assistance for Integrated Planning, climate resilience grants, and increased investment in PFAS research.
NACWA also submitted written testimony to the House Appropriations Subcommittee on Labor, Health & Human Services, Education, and Related Agencies. NACWA requested $500 million for the Low-Income Household Water Assistance Program (LIHWAP), a critical program that helped water and wastewater utilities support vulnerable households during the COVID-19 pandemic while promoting public health and reducing bad debt. These funds would allow the temporary LIHWAP program to continue to operate while advocacy continues to establish and fund a permanent program.
NACWA also backed a $20 million increase for the Centers for Disease Control and Prevention’s (CDC) National Wastewater Surveillance System (NWSS), which functions as an early warning tool for infectious disease outbreaks.
In addition to its written testimony, NACWA additionally joined a broad coalition of national and state organizations on a letter urging Congress to fully fund the Clean Water and Drinking Water State Revolving Funds (SRFs) at their authorized levels of $3.25 billion each for Fiscal Year 2026. In the final FY 2024 appropriations package, Congress allocated just $2.75 billion for both programs combined—well below what is needed to support critical local infrastructure investment.
The coalition emphasized that strong, sustained federal investment through the SRFs is essential for utilities to maintain, upgrade, and expand drinking water and wastewater systems—especially as communities face aging infrastructure, regulatory demands, and growing resilience needs.
While NACWA and the clean water sector have consistently pushed for full SRF funding, appropriations in recent years have not kept pace with demand. The 2021 Bipartisan Infrastructure Law provided a much-needed $50 billion boost over five years, but that temporary infusion ends after FY 2026. As utilities plan for long-term capital improvements, predictable and robust annual SRF funding remains vital.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs, to discuss.
House Committee Hearing Focuses on Federal Financing for Clean Water Utilities
The House Transportation and Infrastructure Subcommittee on Water Resources and Environment held a hearing in March titled “Water Infrastructure Financing: WIFIA and the Clean Water State Revolving Fund.” The hearing, which primarily featured witnesses from the private sector and state financing authorities, provided critical insights into federal financing mechanisms that directly impact clean water utilities nationwide.
As clean water utilities face the challenges of aging infrastructure, increasing regulatory requirements, and rising costs, they must navigate a complex financial landscape to secure resources for system upgrades and compliance. The Subcommittee’s discussion focused on the Clean Water State Revolving Fund (CWSRF) and the Water Infrastructure Finance and Innovation Act (WIFIA), two key federal programs that provide essential funding for water infrastructure projects.
NACWA submitted written testimony urging reauthorization of these programs at even higher amounts than previously authorized.
During the hearing, lawmakers emphasized the need to enhance the efficiency of the WIFIA and CWSRF programs by reducing bureaucratic barriers, streamlining application processes and expanding financial accessibility. Improving these programs would help wastewater agencies and municipalities more easily access the funding necessary for infrastructure upgrades and regulatory compliance.
Beyond efficiency improvements, the discussion also examined Congressional funding and policy considerations for water infrastructure, particularly the balance between grants and low-interest loans to optimize long-term investments. Lawmakers explored the impact of federal mandates on project costs and discussed ways to ensure sustainable funding levels that keep pace with growing infrastructure demands.
A significant focus of the hearing was water infrastructure challenges in small and rural communities. Lawmakers highlighted the need for direct funding, better coordination between state and federal agencies and more flexible financing options to support underserved areas. These discussions reinforced the importance of tailored solutions that ensure equitable access to funding, regardless of a community’s size or financial capacity.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs.
Senate Committee Advances National Wipes Labeling Legislation
On May 21, the U.S. Senate Committee on Commerce, Science, and Transportation approved the bipartisan Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act (S. 1092). The bill, led by Sens. Jeff Merkley (D-Ore.) and Susan Collins (R-Maine), now awaits passage by the full U.S. Senate. S. 1092 would require common sense, national “Do Not Flush” labeling for non-flushable wipes. The bill closely mirrors legislation that has been enacted in several states and would bring nationwide consistency to the marketplace. The bill is supported by a wide coalition of stakeholders including the clean water utility community, the wipes manufacturing sector, and environmental and consumer advocate organizations.
In a statement, Merkley and Collins lauded the legislation as a “commonsense solution” and “necessary step” to protecting wastewater infrastructure.
Last month, the House Committee on Energy and Commerce approved the House companion to S.1092, H.R. 2269.
The next step is for the bills to be passed by the full Senate and House, so they can be signed into law. NACWA will continue to work with Congress and other stakeholders toward this goal. Last year, the full House passed its bill, but the Senate bill failed to pass a committee vote. The Senate Committee’s concerns were addressed through negotiation in recent days allowing the bill to advance, marking a key step forward.
NACWA appreciates recent member engagement to ensure the advancement of the bill. The Association has been advocating for state and national wipes labeling legislation and flushability standards for many years and is glad to see this momentum around a federal bill.
Contact Kaitlyn Montán, NACWA’s Director of Legislative Affairs, or Cynthia Finley, NACWA’s Director of Regulatory Affairs, to discuss the bill or other wipes issues.
House Committee Advances National Wipes Labeling Legislation
On April 8, the U.S. House Committee on Energy and Commerce favorably reported the bipartisan Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act (H.R.2269) out of Committee. The bill, led by Rep. Lisa McClain (R-Mich.), now awaits passage by the full U.S. House of Representatives.
H.R.2269 would require common sense, national “Do Not Flush” labeling for non-flushable wipes. The bill closely mirrors legislation that has been enacted in several states and would bring nationwide consistency to the marketplace. The bill is supported by a wide coalition of stakeholders including the clean water utility community, the wipes manufacturing sector, and environmental and consumer advocate organizations.
NACWA has been working in support of state and national wipes labeling legislation and flushability standards for many years and is glad to see this bill advance early this Congress. Contact Kristina Surfus, NACWA’s Managing Director of Government Affairs, or Cynthia Finley, NACWA’s Director of Regulatory Affairs, to discuss.
HHS Releases Final LIHWAP Implementation Report
The US Department of Health and Human Services (HHS), Office of Community Services (OCS) released the Final Low Income Household Water Assistance Program (LIHWAP) Implementation and Impact Report on January 10. The report covers the entire life cycle of LIHWAP, from its inception during the pandemic through its completion last year.
As the first-ever federal low-income water assistance program, LIHWAP provides a model for permanent, reliable federal assistance to low-income households for help with their water bills – a top priority for the Association and which NACWA continues to advocate for in the new Congress. LIHWAP grants were provided to states, territories and tribes to provide credits to qualifying households to help ensure their access to critical water and wastewater services, through collaboration between local community organizations, utilities, and states.
The final report is available in an interactive environment or as a PDF. The report provides an overview of the water utility landscape in the country, LIHWAP’s design and implementation, its impact, best practices and challenges, and closeout. This report will help inform continued work by NACWA, strongly supported by its Board of Directors, to leverage the lessons learned from LIHWAP to build momentum for a permanent, well-funded program.
This is the second important resource released recently by federal agencies examining low-income water assistance need. At the end of 2024, EPA released its Water Affordability Needs Assessment that found – similar to prior water sector research – a national water affordability assistance need of up to almost $9 billion annually.
Members with questions or wishing to discuss low-income assistance issues further can contact Kristina Surfus, NACWA’s Managing Director of Government Affairs.
Legislation to Strengthen Cybersecurity for Water Utilities Reintroduced
U.S. Representative Jan Schakowsky (D-Ill.) and U.S. Senator Edward J. Markey (D-Mass.) have reintroduced the Water Intelligence, Security, and Cyber Threat Preparedness Act (Water ISAC Threat Preparedness Act, H.R. 2344/S. 1118). This legislation would provide dedicated funding to help water and wastewater utilities become members of the Water Information Sharing and Analysis Center (WaterISAC).
Specifically, the bill would create a grant program to help small and medium-sized utilities cover the cost of WaterISAC membership dues. WaterISAC is a vital hub for threat intelligence, information sharing and best practices enabling water systems to prevent, mitigate and respond to physical and cybersecurity threats.
The bill is supported by a coalition of leading national water sector organizations, including NACWA, the American Water Works Association, the Association of Metropolitan Water Agencies, the National Association of Water Companies, and the Water Environment Federation.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs.
House Lawmakers Reintroduce PFAS Liability Protections for Water Systems
The fight to hold PFAS polluters accountable continues in the 119th Congress as Reps. Marie Gluesenkamp Perez (D-Wash.) and Celeste Maloy (R-Utah) have reintroduced the Water Systems PFAS Liability Protection Act, a bipartisan measure aimed at shielding water utilities from unjust PFAS liability under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This legislation has been strongly championed by NACWA and its partners in the Water Coalition Against PFAS.
Without liability protections, water sector utilities could be forced to shoulder legal liability and cleanup costs for chemicals they neither produced nor profited from — costs that would ultimately fall on ratepayers. The reintroduction of this bill underscores the growing bipartisan recognition that clean water utilities, which simply receive PFAS as passive receivers, should not be held liable under CERCLA. Instead, the legislation reinforces the "polluter pays" model, ensuring that the chemical companies that manufactured and profited from PFAS ultimately bear the cost of remediation efforts.
“We need a true ‘polluter pays’ model that holds accountable the parties responsible for PFAS contamination . . . NACWA thanks Rep. Gluesenkamp Perez and Rep. Maloy for working in a bipartisan fashion to shield communities from these misplaced burdens and appropriately refocus liability on PFAS producers,” NACWA CEO Adam Krantz said in a statement following the bill’s introduction.
A companion bill in the Senate remains under development. NACWA and its partners will continue working to advance the legislation and ensure that PFAS cleanup efforts prioritize the true sources of contamination — those who produced and profited from PFAS.
For more information or to discuss further, please Matt McKenna, NACWA’s Director of Government Affairs.
NACWA Opposes Texas Legislation to Ban Land Application of Biosolids
In brief comments filed May 7 with the Texas House Committee on Environmental Regulation, NACWA strongly opposed state bill H.B.1674, which would effectively ban the land application of biosolids containing PFAS.
The bill attempts to establish thresholds that would allow farmers to continue to use municipal biosolids if they are below certain concentrations. However, the concentrations are so low (e.g., PFOA at 0.9 ppb, and PFOS at 5.1 ppb, respectively) that the result would be a de facto ban on the land application of biosolids and would have a cascading impact on all biosolids management approaches in the state.
The proposed rulemaking also usurps the role of the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ), which are tasked with assessing risks of pollutants and pathogens in biosolids. The proposed legislation would prevent the land application of biosolids before EPA finalizes its risk assessment and determines if standards are necessary, and could force Texas, its communities, and its ratepayers to deal with alternative and costly management options.
Land application prohibitions based on the mere presence of PFAS in residuals and that are not developed pursuant to a risk-based determination, as this bill aims to do, could leave municipal clean water utilities with no other option but a direct-to-landfill requirement that will be more burdensome logistically, less environmentally friendly, and exponentially more costly.
Unfortunately, on top of all of these negative impacts to utilities, this bill will ultimately not resolve the issue over PFAS contamination in Texas. A growing subject of peer review science includes different ways that PFAS can be introduced into the environment, including from active and inactive pesticide ingredients that are directly applied to land.
NACWA also believes the bill must include a landfill capacity and cost assessment, with sufficient public review and input opportunities from stakeholders. The costs associated with residuals management are often the second or third largest expense a clean water utility incurs, and a study should be done to fully understand its impacts.
Read NACWA’s full comments here. NACWA is always happy to weigh in on state legislation, especially related to biosolids and PFAS issues, if it would be helpful. Members with questions may contact Emily Remmel, NACWA’s Senior Director of Regulatory Affairs.
Maryland Lawmakers Propose Stringent PFAS Legislation; NACWA Responds
NACWA submitted written testimony to the Maryland Senate Education, Energy, and Environment Committee opposing Senate Bill 732 (SB 732) ahead of a Feb. 18 hearing. The proposed legislation seeks to impose strict limits on PFAS in biosolids, relying on a misinterpretation of the U.S. Environmental Protection Agency’s (EPA) Draft Risk Assessment for PFOA and PFOS in Biosolids and potentially leading to severe unintended consequences for Maryland’s clean water utilities and also out-of-state utilities that land apply biosolids in Maryland.
SB 732’s 1 part per billion (ppb) limit for PFAS in biosolids is based on an incorrect application of the Draft Risk Assessment. NACWA pointed out in its testimony that this 1 ppb figure was used for modeling purposes only and was never intended to serve as a regulatory standard. Moreover, the risk assessment’s findings apply to a highly specific, hypothetical farm family scenario that does not reflect real-world exposure risks for the general public.
If passed in its current form, SB 732 would effectively ban the land application of biosolids in Maryland. This would force utilities to send biosolids directly to landfills, which would be more expensive for utilities and ratepayers given the limited landfill capacity in Maryland. It would also eliminate the ability to beneficially reuse biosolids in the state.
Ahead of the hearing, NACWA met with environmental groups supporting the bill to discuss the shared interest in tackling PFAS in Maryland and possibly explore a more reasonable path forward. The discussion focused on the need for science-based solutions focused on source control and a “polluter pays” model that protect public health without imposing unrealistic burdens on clean water utilities and their ratepayers.
Instead of rushing to enact an impractical mandate, NACWA urges Maryland lawmakers to build on the existing, science-based approach developed by the Maryland Department of the Environment (MDE).
NACWA thanks its Maryland members, especially WSSC Water, for bring this legislation to our attention and for their support as NACWA submitted testimony. NACWA also thanks the Maryland Association of Municipal Wastewater Agencies (MAMWA) for their strong advocacy on this issue and for collaborating on NACWA’s testimony.
NACWA is always willing to assist its members at the state level on these types of issues when helpful and appropriate. For more information or to discuss further, please contact Kristina Surfus, NACWA’s Managing Director of Government Affairs.
The Senate Environment and Public Works Committee (EPW) voted last month to advance the nomination of Jessica Kramer as Assistant Administrator for the Office of Water at U.S. Environmental Protection Agency (EPA).
The nomination follows a hearing the committee held on March 26. Kramer provided keynote remarks at the National Water Policy Fly-In in April (see related story).
Notably, Kramer’s nomination secured rare bipartisan support from the committee. In addition to all EPW Republicans voting in favor, five of the committee’s nine Democratic senators supported the nominee including Ranking Member Sheldon Whitehouse (D-R.I.), Mark Kelly (D-Ariz.), Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), and Angela Alsobrooks (D-Md.).
Kramer formerly worked as legislative staff for EPW Committee Chair Shelley Moore Capito (R-W.Va.), who strongly supported her nomination. Kramer most recently worked as the Deputy Secretary for Regulatory Programs at the Florida Department of Environmental Protection.
She also worked as a lobbyist at the firm Brownstein, Hyatt, Farber and Schreck—where she lobbied for water system PFAS CERCLA liability protections for the NACWA-led Water Coalition Against PFAS—and in the U.S. EPA Office of Water during the first Trump Administration. She began her career as an environmental prosecutor and attorney for the Wisconsin Department of Justice.
Her nomination now requires approval by the full Senate. The Senate has an accruing list of nominees to consider who have advanced out of their respective committees. Senate Democrats, with little opportunities for leverage in the Republican-controlled legislature, have also begun holding up floor votes on nominees as a way of exerting some pushback over Congressional actions they find concerning. It is not immediately clear when Kramer’s nomination will reach the Senate floor. In the interim, she will continue serving at EPA as Senior Advisor to the Administrator for Water.
Contact Kristina Surfus, NACWA’s Managing Director of Government Affairs, with questions.
Value of Water Roundtable Discussion Features NACWA, Other Water Sector Partners to Mark Infrastructure Week
NACWA was part of an invitation-only convening of select members of the Value of Water Campaign steering committee – including water utilities, the private sector, nonprofit organizations, and state and local government associations – to discuss the critical need for federal investment in the nation’s water infrastructure and explore ways to make it happen.
During the roundtable, steering committee members heard from Congressional staff and also discussed shared priorities and strategies to effectively coordinate actions on Capitol Hill. The event was a part of Infrastructure Week, hosted by United for Infrastructure.
In observance of Infrastructure Week, NACWA’s social media also highlighted key infrastructure projects from member utilities, including the Narragansett Bay Commission, Daphne Utilities, El Paso Water, and the Madison Metropolitan Sewer District.
Members with questions may contact Rahkia Nance, NACWA's Director of Communications.
New Legislation Would Review EPA’s Water Technical Assistance Programs
On May 15, Rep. David Taylor (R-Ohio), Vice Chair of the House Transportation & Infrastructure (T&I) Committee’s Water Subcommittee, introduced the Water Resources Technical Assistance Review Act (H.R. 3427). The legislation tasks the Government Accountability Office (GAO) with conducting a comprehensive review of the U.S. Environmental Protection Agency’s (EPA) water technical assistance programs.
The GAO review will evaluate the scope, coordination, and effectiveness of these efforts—identifying any duplication, gaps, or unmet community needs. Based on the findings, EPA will be required to submit annual implementation plans to Congress over a five-year period, outlining steps to address the GAO’s recommendations.
The bill is expected to be considered under the House Suspension Calendar, a streamlined legislative process used for noncontroversial measures.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs.
Legislation Extending Permitting Terms Reintroduced in House
A federal bipartisan effort to enhance flexibility in the National Pollutant Discharge Elimination System (NPDES) permit process under the Clean Water Act was introduced by U.S. Representatives Ken Calvert (R-Calif.), John Garamendi (D-Calif.), and David Rouzer (R-N.C.). The proposed legislation aims to update the current permitting framework by allowing extended permit terms and providing regulatory stability while maintaining environmental protections.
Specifically, H.R. 2093 grants the U.S. Environmental Protection Agency (EPA) and state agencies with delegated authority the discretion to issue NPDES permits for terms of up to 10 years—an increase from the current five-year limit. By offering longer permit durations, the legislation seeks to reduce administrative burdens, enhance planning certainty for permit holders and improve resource allocation for regulatory agencies.
The bill was previously passed as an amendment to the Creating Confidence in Clean Water Permitting Act during the last Congress. While the legislation successfully advanced through the House, it was not considered in the Senate. For more details on the bill, click here.
Members with questions may contact Matt McKenna, NACWA’s Director of Government Affairs.