Congress May Pass CR, Water Bill with Flint Aid, Despite Boxer Concerns

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WASHINGTON – A proposed continuing resolution that would fund federal programs and services through April 28, 2017, and a long-awaited bipartisan water bill would provide about $170 million for Flint, Mich., and other water infrastructure health initiatives.

Congress could vote this week on the CR, which would avoid a shutdown of the federal government on Dec. 9 when the current CR expires, and the water bill. If they vote on the two bills by Friday, Dec. 9 Congress could leave for the holidays then rather than Dec. 16 as had originally been scheduled.

The CR would appropriate the Flint-related funds and the Water Infrastructure Improvements for the Nation Act (WIIN) would authorize them. Officials from Flint, which declared a lead contamination outbreak in April 2014, have lobbied for federal funds in the two-and-a-half years since to help remedy the crisis.

The CR, introduced on Tuesday by House Appropriations Committee chair Rep. Hal Rogers, R-Ky., would maintain the current budget cap level of $1.07 trillion put into place under the Budget Control Act of 2011 and continue policy and funding provisions in currently enacted fiscal year 2016 appropriations legislation.

The WIIN Act includes the Water Resources Development Act (WRDA) of 2016, the bipartisan water infrastructure and resources legislation that passed both the House and Senate earlier this year.

Sen. Barbara Boxer, D-Calif., who is retiring from Congress after this session, threatened to block the WIIN Act after her fellow California Democrat Sen. Dianne Feinstein cut a deal with House Majority Leader Sen. Kevin McCarthy, R-Calif., to include a provision that would relax environmental regulations in order to allow more water to be pumped from federal and state projects to drought-stricken central and southern California.

The provisions objected to by Boxer would use water from the Sacramento-San Joaquin Bay for McCarthy's own district and other areas facing drought conditions. Boxer said this could harm fish species already experiencing dwindling population numbers. She also said they would "roll back the Endangered Species Act" and would take power away from Congress to approve new dams.

"They have taken a very bipartisan WRDA jobs bill and now jeopardized it completely," Boxer said. "This bill won't go anywhere in the Senate if I have anything to do with it. I will use every tool at my disposal to stop this last minute poison pill rider."

But several Republican Senate and House committee leaders with jurisdiction over water projects, said in a release, "The WIIN Act is the result of hard work and collaboration among our committees and will strengthen the nation's transportation and water infrastructure, and our economic competitiveness. We look forward to moving this legislation and sending it to the President before the end of the year."

The CR and water bill would provide $100 million for the Drinking Water State Revolving Fund, which would allow Flint to access funding to replace lead service lines and address other water infrastructure needs.

The legislation would also provide $20 million in loans through the Water Infrastructure Finance and Innovation Act (WIFIA) for water infrastructure projects, including those that address lead and other water contamination issues. The $20 million in WIFIA funds is a drop from the $70 million originally approved by the Senate for its own version of WRDA in September.

Also, $50 million would be included for public health initiatives, including: $17.5 million for a lead exposure registry to collect data of individuals exposed to lead; $2.5 million for an advisory committee to provide input on research needs for lead poisoning; $15 million for the creation of a Childhood Lead Poisoning Prevention Program; and $15 million for a Healthy Start Initiative to improve child and maternal health.

Tommy Holmes, legislative director for the American Water Works Association, said the organization is disappointed to see the WIFIA funding drop to $20 million, but added there is already existing authorization from the original WIFIA language authorizing $35 million for fiscal 2017. He admitted even he was surprised at the $70 million WIFIA figure in the original Senate bill.

"What I suspect that means is that the continuing resolution may only get $20 million," Holmes said. "Though it's disappointing, I'm still grateful that WIFIA is going to get some money to make loans."

"We're happy to see assistance going forward to help Flint and other communities with lead contamination problems," he added. "Flint is in a whole world of problems right now."

In September, the Senate passed WRDA by a 95-3 vote, while the House passed the measure later that month by a 399-25 vote. The House bill does not include any Flint or WIFIA funding.

WRDA is passed every two years by Congress, and authorizes funding for ports, channels, dams and other water infrastructure improvements.

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