House seal

House · Hearing transcript

From Source to Tap: Challenges for Safe, Reliable, Affordable Drinking Water

Tuesday, February 24, 2026

Summary

  • Gary Palmer announced a committee investigation into January's Potomac Interceptor rupture releasing over 200 million gallons of sewage near Washington.

  • Eric Hill (General Manager, Russellville Water & Sewer Board) said $2 million in revolving funds paid for cybersecurity upgrades, main repairs, and treatment improvements.

  • Gary Palmer questioned Hill on revolving fund barriers and Hill blamed application delays, contractor shortages, and sharply higher project costs.

  • Paul Tonko urged continuing infrastructure funding levels while Gary Palmer emphasized oversight risks and whether taxpayers received value for supplemental dollars.

  • Congress must reauthorize drinking water revolving funds before supplemental infrastructure dollars expire at end of this fiscal year to avoid project delays and rate increases for local utilities.

Morning digest

Get hearings like this in your inbox

Free weekday email. Unsubscribe anytime.

Hearing Details

Witnesses

Members Who Spoke

Free. We email you a one-time download link.

View on Congress.gov

Transcript

2:29 – 6:19

oh you don't like it yeah it's ok i don't i i don't know i didn't know you guys were into it really don't like it it's fine do we have a problem with the uh with the uh with the uh with the uh with the uh with the um with the uh with the uh with the uh with the uh with the idea that like yeah sure The subcommittee on environment will come to order. The chair recognizes himself for five minutes from opening statement. Good morning. Welcome to ranking members of Pallone and Taco, my colleagues, and to our witnesses for this hearing of the subcommittee on environment. Today's hearing provides a timely and important opportunity to examine the safety, reliability and affordability of our nation's drinking water system. For those uh of you who have a sewer line in suburban Maryland ruptured in January and released more than two hundred million gallons of untreated sewage into the Potomac River, which separates Maryland and and the District of Columbia from Virginia, and is the main source of drinking water for millions of Americans and visitors to our national uh national capital region. The DC government just last week declared a state of emergency, and as a result of the sewage spill and uh President Trump has directed the US Environment Mental Protection Agency and the Federal Emergency Management Agency to take a lead role in coordinating the cleanup in response to this unfortunate incident. Given the significance of the spill and its potential impact on public health, Interstate Commerce and Drinking Water and the Environment in the nation's capital region, this committee has begun an investigation of what was known about the risk of this rupture and if it could have been avoided. Local authorities say the drinking water supply has not been affected, And that the intakes at Great Falls are located up the river from the sewage spill, and that the intakes at Little Falls have been closed. DC Water was contacted but declined to testify at today's hearing. Congress first enacted the Safe Drinking Water Act more than fifty years ago and amended it several times since. One of the goals of this hearing is to hear how the law is working and what, if anything, needs to be modernized to address current challenges. Many Americans receive their drinking water from publicly owned water utilities who have to navigate the law's complicated regulatory requirements, manage both aging infrastructure and an aging workforce, and provide safe and affordable affordable water to their customers. We will hear from two of these utilities today, Eric Hill, General Manager of the Russellville, Alabama Water and Sewer Board, and Lindsay, uh, Recnan President and CEO of Northern Kentucky Water District. In recent years, Congress has appropriated EPA more than a billion dollars annually for the drinking water state revolving loan fund, an important source of infrastructure funding for states and local utilities. However, as part of the Infrastructure Investment Jobs Act, EPA received a supplemental appropriation of more than fifty billion for water infrastructure. I look forward to hearing from EPA's Deputy Inspector General about how EPA has been using that money and whether taxpayers have gotten what they paid for. or if these precious tax uh pair of dollars are at risk. We will hear from a witness from the National Resources Defense Council with a background on water issues. Uh, I appreciate the focus on modernization. Uh, I think that's a a very important part of this hearing. I thank the witnesses for their input and look forward to working with my colleagues on the committee to identify common sense solutions to protecting and modernizing our drinking water system. The chair now recognizes the ranking member of the subcommittee, the gentleman from New York, for five minutes for an opening statement.

6:20 – 11:14

Oh, thank you, Mister Chair. Working on drinking water issues is one of my favorite things this subcommittee does. I know many members on both sides of the aisle have backgrounds in local government and are incredibly familiar with the responsibilities and challenges that water systems are facing. At the end of the day, the buck stops with local governments to make certain that the infrastructure and people are in place to deliver safe, reliable and affordable drinking water. It is a public health and economic necessity. And we at the federal level have a responsibility to be good partners to our local and state counterparts in their efforts. In December, twenty twenty four, we celebrated the fiftieth anniversary of the enactment of the Safe Drinking Water Act. Without a doubt, SIDWA has been an incredible public health success story. But we must recognize just how much more work is left to do, as well as the changing nature of our drinking water challenges. Fifty years ago, no one was worried about cyber threats. Lead pipes, fittings and solder were still used. And our ability to detect and treat emerging contaminants like PFAS at health protective levels was virtually impossible. These challenges, on top of a major backlog of infrastructure maintenance projects put financial stress on local governments and water authorities, which translates to rate increases for water users. According to EPA's most recent needs assessment, Drinking water systems are expected to require some six hundred and twenty-five billion dollars in investment over the next twenty years to maintain operations, an estimate which has grown considerably over the years. That is why in twenty twenty-one Congress made a serious effort to begin to tackle these issues with the enactment of the Infrastructure Investment and Jobs Act. I'm so proud of this subcommittee's role in developing and passing the drinking water provisions of the IIJA. It provided more than fifty billion dollars for water systems, including eleven point seven billion to implement the drinking water state revolving fund's annual appropriations, fifteen billion dollars for the replacement of lead service lines, and four billion dollars to address emerging contaminants, such as PFAS. It is hard to believe, but the programs authorized in the IIJA, including the supplemental funding, will expire at the end of this fiscal year. Now is a perfect opportunity for us to consider how we should reform SIDWA, for the next fifty years. First, we need to continue a strong federal financial commitment to our water systems. Those additional IIJA resources enabled many projects that simply would not have occurred otherwise. We should be continuing these higher funding levels and reject proposals, like that of uh one included in President Trump's last budget request to Congress. that would decimate the SRF. If the federal government pulls back from its commitments, that means more projects will need to be paid for entirely by local governments, resulting in an impossible choice of increasing water bills or more deferred maintenance which ultimately results in higher cost anyway due to emergency repairs. So I understand that the SRF isn't perfect and that there could be accusations of a relatively small number of issues with EPA's ability to conduct proper oversight of these dollars. Let's keep in mind that reduced staffing levels at EPA are not helping the situation. Fewer people are now responsible for overseeing more financial awards. So we should be coming together to reverse the downsizing of EPA, which has heightened the risk that waste, fraud, and abuse will go undetected. Because ultimately, with so much investment needed, we should all want every available federal dollar to find its way to projects that will improve systems and enable better compliance with the law. Second, we should establish a clear set of criteria for EPA to use when determining whether or not to set a national drinking water standard. Specifically, does a contaminant pose a public health threat, and is it is it affecting a significant number of people? Our current regulatory system just isn't working. I believe everyone here wants to protect people from unsafe water, but without giving EPA the ability to set timely health protective standards, we know some Americans will simply not have access to safe drinking water. Finally, we all recognize that many households are struggling with affordability issues. Nearly twenty million Americans lack access to affordable water. I have long supported utility assistance for low-income households for energy bills through LIHEAP. It is past time for us to authorize a similar permanent program for water bills. Mister Chair, I want to thank you again for holding this hearing. I hope we're able to work together to build upon the IIJA and support safe, reliable and affordable drinking water for all Americans, and with that, I yield back.

11:14 – 11:20

Chair now recognizes the Chairman of the full committee, the gentleman from Kentucky, Mister Guthrie, for five minutes for an opening statement.

11:21 – 11:35

Thank you very much. Thanks for everybody being here. Thanks for our witnesses for being here. And thank you, Chairman Palmer, for this important hearing. And uh, Mister Hill, thanks for being here. My uh Wife's grandmother's maiden name was Hill and she's from Phil Campbell, so you're probably related.

11:36 – 11:37

Phil Campbell.

11:36 – 11:44

Phil Campbell's just right outside of Russellville in Ro- in Franklin County. So I was actually born in Florence. So thanks for, we'll chat after this and we can see how we're we're connected.

11:43 – 11:43

Oh really?

11:44 – 14:43

So uh the Safe Drinking Water Act was first created in nineteen seventy four, and Congress has amended it multiple times uh to modernize the federal framework for ensuring the tap water that reaches our homes is safe. Under this framework, the U S Environmental Protection Agency has several roles, including helping finance improvements to local water infrastructure, establishing standards to limit contaminants in drinking water, and protecting sources of drinking water from threats. But EPA is not on the only one involved in this process. States, local governments, drinking water utilities and communities also play very important roles. Uh, there's no question that much of our water infrastructure is old. It needs to be updated. As as as we just saw up close with the blowout of the Potomac Interceptor sewage tunnel, which leaked millions of gallons of untreated wastewater into the Potomac River, the primary source of drinking water for the communities in around our nation's capital. However, the best way to respond to these challenges is up for debate. The Infrastructure Investment and Jobs Act provided EPA fifty billion dollars for water infrastructure programs, an unprecedented level of funding, and more than five times what Congress appropriates to the entire entire EPA in an average year. These infrastructure and jobs acts authorities expire at the end of the fiscal year, which provides Congress this opportunity to consider what drinking water policies have been working and what may need to be changed. Federal taxpayer money is not and cannot be the only solution to the infrastructure challenges our country faces. We need better policies and practices the federal uh state and local levels so new infrastructure can be built and maintained, which also creates jobs and helps our community strive. We have an excellent panel of witnesses today, including a fellow Kentuckian, Lindsay Reckten, glad to have you here, who is President and CEO of Northern Kentucky Water District, uh the third lar largest water district in our commonwealth, which those who don't know n- we say Northern Kentucky, it's suburban Cincinnati, and a very major, if you hit a ball out of the Great America ballpark it lands in Kentucky, doesn't. People don't realize that. And so we have Nicole Murley, the EPA Inspector General, who has been conducting a lot of important oversight of how billions in taxpayer dollars are actually being used. I look forward to hearing from all of our witnesses and engaging in a productive dialogue on these issues impacting the safety reliability and affordability of our nation's drinking water systems. I know you uh mentioned Field Count, I guess you're from Russellville. So Golden Tiger? You were a Golden Tiger? I was a Bradshaw, I was a Bruin. So Uh, thanks for uh, we all had had many, many contests. Believe it or not, I was a football player, so. Had many contests. So thanks for being here and I know Phil Campbell, where my wife's family was generationally from way back, not my wife, uh had the tornadoes a few years ago, so I know you guys all responded and and um done well. So thanks for everybody. Thanks for Kentucky and for Alabama, it's all of you being here today. Thanks. I yield back.

14:44 – 14:50

Gentleman yields. The chair now recognizes the ranking member of the full committee, uh the gentleman from New Jersey, Mister Taco,

14:53 – 19:17

Oh, thank you. So, today we'll examine the state of our nation's drinking water infrastructure and the federal role in ensuring communities have safe, reliable and affordable drinking water. For far too long, our aging water infrastructure has been underfunded. In twenty twenty five, the American Society of Civil Engineers report card gave the US water infrastructure system a C grade. And, well, actually it was a C minus. While the bipartisan infrastructure law provided historic investments to address our infrastructure challenges, that funding was just a down payment on the six hundred and twenty-five billion dollars needed over the next twenty years. And this number will continue to rise if investments fail to keep pace with our infrastructure needs. Communities across the nation live with the consequences of this underinvestment, from legacy-led service lines in my home state of New Jersey, to the sewage pipe break right here in Washington DC. Every sector depends on the delivery of safe and reliable water. But unfortunately the pipes underground are often forgotten until something bad happens it's you know essentially out of sight out of mind but without water, life comes to a halt. We can't afford to continue this piecemeal approach to addressing problems with our water infrastructure. And that's why reauthorizing and increasing funding levels for the drinking water state revolving fund, or SRF is critical. The SRF is our main federal funding source for drinking water, uh projects and helps water systems pay for capital improvements, it's an investment in public health and the economy. Much of our infrastructure is from a bygone era. If we're serious about ensuring safe and reliable water for Americans, we must rebuild it to meet the twenty-first century challenges. We need water systems that are prepared for and can adapt to our changing climate and increasing cyber-threats, we need to consider ways to promote energy efficiency and conserve water, a significant amount of which we're losing to broken pipes and water mains. We must remove all lead service lines once and for all. And without adequate resources, the water sector will be unable to reliably deliver safe, affordable drinking water, leaving communities vulnerable to contaminants and disruptions in water service altogether. While the SRF is a cornerstone of the Safe Drinking Water Act, the committee should also examine ways to modernize the law to meet the challenges of today. The EPA has struggled to set and update drinking water standards that reflect the best available science we saw some progress under the Biden administration with the historic PFAS standards and the improved lead and copper rule, but regrettably the chemical industry and water utilities have filed lawsuits challenging these health protective standards citing the cost of compliance and this puts these important protections in jeopardy. i agree that the affordability of water is a real pressing issue that affects millions of americans however i do not believe we need to choose between affordable water and safe water we can have and must have both and that's why i have advocated for a permanent water assistance program in epa in addition to funding technical assistance in strong health protective drinking water standards a permanent program will insure that all americans have access to safe reliable water and help utilities maintain access to water services. And water should be a basic right, it is a basic right and essential to the health and prosperity of our country. Unfortunately, this is not a reality for too many communities. So I hope that we can find ways on a bipartisan basis to support the water sector and invest in the future of Americans. You have to seize the opportunity to deliver for the American people and their health and safety depend on it. So I just wanted to mention in the minute I have left uh Mister uh mister chairman you know um you know we have the community projects and the appropriations bills every year and every year my towns because so many of them have these lead pipes that they can't afford to fix or remove uh we you know we use a lot of our those community funding projects and the appropriations bill uh to provide money to towns for you know lead pipe removal and water projects uh and i'm glad we still have that as a as an option But we really need to have a more permanent way to provide money to the towns cuz they really need help uh you know, providing safe drinking water. So with that, Mr. Chairman, I'll yield back.

19:18 – 20:18

That now uh we now conclude with the member opening statements, including that of the distinguished gentleman from New Jersey, Mister Pilon. Um uh uh the chair would like to remind members that pursuant to the committee rules all members' opening statements will be made part of the record. We want to thank our witnesses for being here today and taking the time to testify before the subcommittee. Witnesses will have the opportunity to give an opening statement, followed by a round of questions from the members. Our witness for witnesses for today are Nicole Murley, Acting Inspector General, Environmental Protection Agency. Eric uh D. Oldson, Senior Strategic Director for Health and Food, Natural Resources Defense Council. Eric Hill, General Manager, Russellville, Alabama, Water and And Lindsay Recton, President and CEO, Northern Kentucky Water District. We appreciate you being here today. I now recognize Miss Murley for five minutes to give an opening statement.

20:20 – 21:03

Good morning, Chairman Guthrie, Chairman Palmer, ranking members Pallone and Clark, and members of the subcommittee. I'm Nicole Murley, the Deputy Inspector General performing the duties of the Inspector General of the Environmental Protection Agency and the Chemical Safety and Hazard Investigation Board. Thank you for the opportunity to testify today. My testimony will draw from our extensive body of oversight work that collectively examines how the EPA is ensuring safe drinking water and managing an unprecedented influx of water infrastructure funding in recent years as well as what our oversight has shown about progress made and the work still to be done. America's drinking water infrastructure delivers one of our most basic necessities and when those trusted systems falter the consequences can be

21:02 – 21:04

Miss Marley, is your microphone on?

21:04 – 21:05

Yes.

21:05 – 21:07

Can you uh pull it a little closer?

21:07 – 21:08

Yes, thank you.

21:08 – 21:08

Thank you.

21:09 – 25:16

Um, system failures in Jackson, Mississippi, and lead contamination in Flint and Benton Harbor, Michigan are a few examples that serve as stark reminders that federal oversight is essential. Under the Safe Drinking Water Act, the EPA is ultimately responsible for ensuring that public drinking water systems provide safe water. The agency sets national drinking standards, oversees state programs, and takes enforcement if systems fall out of compliance. The EPA also administers and oversees federal drinking water funding, primarily through the state revolving fund programs. States use SRFs to provide loans and additional assistance, such as principal forgiveness and grants for disadvantaged communities for eligible projects, with repayment were repayments replenishing the funds in perpetuity and states retaining flexibility under EPA oversight. The Infrastructure Investment and Jobs Act included over thirty billion dollars for the drinking water SRF program. As we have previously testified before this committee, the IIJA's historic investment in water infrastructure created both opportunity and risk, providing critical resources to address long-standing challenges while simultaneously heightening risks and the need for vigilant oversight from both the OIG and the EPA, to ensure proper program implementation, mitigate risks, and safeguard taxpayer dollars. The EPA has implemented OIG recommendations for improvements and taken additional to enhance its implementation of synch drinking water programs. For example, using IIJA funds, the EPA expanded technical assistance programs to help communities, especially those with limited capacity, to identify drinking water challenges, develop well-scoped projects, and apply for SRF or other infrastructure funding. The EPA has also strengthened guidance for compliance with Build America Buy America, domestic preference requirements, after we alerted the agency key cyber security vulnerabilities at large drinking water facilities. The a- the agency has published new and updating planning tools that water systems can use to help prevent and respond to cyber security incidents, and announced grant funding for water systems to make improvements. Additionally, after we highlighted a concern that grantees and sub-recipients may not be fully aware of key fraud, prevention, and enforcement measures, the agency strengthened its grants terms and conditions for grants. The stronger grant terms have already led to actionable referrals of serious allegations to our Office of Investigations. But even with these steps forward, continued attention remains necessary to sustain and build on these improvements. The OIG has long provided targeted oversight of the EPA's SRFs, not only because they are the agency's largest funding vehicle, but also because they carry elevated risks. Throughout the years of oversight, the Office of Inspector General work has highlighted conditions that increase the risk for fraud and mismanagement. Weak internal controls, incomplete documentation, inadequate financial reporting, and the absence of clear whistleblower and fraud reporting requirements, instructions, and training at state and local levels reduce transparency and make the EPA and the make it harder for the EPA and the OIG to identify red flags early. The OIG warned that such gaps are missing. Audit financial statements, insufficient tracking of improper or unknown payments and poor data quality and program reporting can obscure accurate assessments of the health of drinking water programs or even potential fraud schemes. Ultimately, the OIG has found that EPA's ability to deliver drinking water infrastructure outcomes hinges on consistent oversight reliable data, and clear guidance. My written testimony expands on the challenges we have identified in each of these three key important areas. In closing, the OIG strives to pr- provide targeted effective oversight that helps the agency safeguard both the nation's drinking water and the taxpayer investments in improving water infrastructure. By identifying risks, driving corrective actions and strengthening agency performance, we aim to help ensure that historic investments through the SRFs and the IIJA deliver real results results for the American public. Thank you very much, and I look forward to answering your questions today.

25:17 – 25:21

The chair now recognizes Mister Olsen. uh for five minutes for his testimony

25:22 – 30:08

thank you very much chairman palmer thank you ranking member tonko um we appreciate the opportunity to testify i'm eric wilson i'm senior strategic director for health at the natural resources defense council and i i wanted to highlight that the bipartisan infrastructure law which has been mentioned a few times already was drafted as it is called as a bipartisan measure members of this committee on both sides of the aisle were active participants in the investment of over thirty billion dollars in water infrastructure for drinking water. And that was a badly needed investment, but I will say that we have just an enormous build-up of um needs right now. It's been mentioned EPA estimates six hundred and twenty-five billion dollars in drinking water needs. The industry is estimating between one trillion dollars and one point six trillion dollars for drinking water infrastructure is needed. So we clearly need major investments in this area. We know that the uh since President Ford signed the Save Drinking Water Act back in nineteen seventy-four, we've made s- significant progress, but we still have major challenges. Lead remains a significant issue. The forever toxic chemicals called Pfas remain a significant issue. Perchlorate and many other contaminants are widespread and need to be addressed. So what we need to move towards, we believe, is not these one-by-one chemical controls, but a broad spectrum approach, moving towards technologies that will remove a wider array of chemicals rather than what I sometimes call the contaminant of the month club where we have a different contaminant every year or few years why not approach this as a broad spectrum solution that's the direction we think we should go in. And I will say there have been some progress also the administration, this administration announced that they are supporting the lead in copper rule, um that was adopted by the Biden administration. That's progress. We are however concerned that the administration has asked to repeal four of the forever toxic chemical standards that were adopted by the previous administration and also to d- delay to others. We think that's an unscientific and unlawful action by the administration. But I will say that these bipartisan investments are important, however they represent less than five percent of the total investments that are being made nationally. Federal investments, less than five percent of the total investments that are being made, and less than one percent of the needs. So we're talking about a need for very significant increases in investments in this area. And the public is really concerned about this. It's consistently, according to Gallup tracking polls every year, the number one public concern. Um, in fact, eighty percent of the public is concerned about their drinking water. And we're starting to see that illustrated by a switch to this, to bottled water. In fact, over fifty billion dollars are spent by the public every year on bottled water. That money could be better spent, we believe, on fixing our water infrastructure. rather than on purchasing bottled water. We also think that there's um a real risk here of moving towards a two-tiered drinking water system, where large systems have higher quality water and small systems that are struggling um have lower quality water. One of the issues that several members have already spoken to is the affordability issue. It's important that we move towards a water affordability or a low income household assistance program. and also move towards better rate structures that help low income people, we don't need to be trading off bad quality water and uh providing substandard water um in order to make water more affordable. Let's assist systems and assist low income households. In our testimony we have many recommendations for legislation um including reauthorizing of course the state revolving fund, we're recommending an increase to about one percent of the total needs, ten billion dollars a year. Um, lead service line replacement funding is important, the PFAS funding is important, money for lead in schools and day care centers, um, addressing the low income household affordability program is crucial, as is the polluter pays program, where the polluters would pay to clean up water supplies rather than customers. We have more recommendations in our uh, written testimony and I'm happy to answer any questions. Thank you very much.

30:09 – 30:16

Chair now recognizes gentleman, mister Hill from uh uh for five minutes for his testimony.

30:17 – 35:17

Thank you, Mr. Chairman. Good morning, Chairman Guthrie, Chairman Palmer, ranking member of Tunko, and members of the subcommittee. Thank you for the opportunity to testify today. My name is Eric Hill. I am the General Manager of the Russellville Water and Sewer Board in Russellville, Alabama. I'm here on behalf of the National Real Water Association and the Alabama Real Water Association. I want to start by telling you who I am, because it is the best way to explain why I'm here. In nineteen ninety-three, I started as a water and wastewater operator for a small rural system serving just over two thousand customers. I learned on the job, earned my certifications, and worked my way to the position that I hold today. I'm not a policy analyst. I test the water, I manage the treatment, and I sign the compliance reports. Today, I manage a drinking water plant, a well source, a wastewater treatment facility, and everything that connects them with twenty-six employees. These employees handle treatment, distribution, collection, maintenance, compliance, billing, customer service, and emergency response. There's no in-house engineer, no compliance officer, and no attorney on staff. When a water main breaks at two AM, the same people who read your meter that morning, they are the ones responding. Chairman Palmer, I am honored to testify before a fellow Alabamian who understands the communities I serve I want to tell this community what federal infrastructure investments look like when it reaches a small town cuz this is a story that I am living right now. Ninety-one percent of the nation's roughly fifty thousand community water systems serve populations of ten thousand or fewer. These systems face the same federal mandates as the largest utilities in the country, with a fraction of the staff, budget, and technical capacity. Let me tell you what federal investments look like on the ground. The state revolving fund is one of the most effective tools Congress has created for public water infrastructure. Right now, I'm managing approximately two million dollars in SRIO projects through Alabama's Department of Environmental Management, one million in drinking water SRIO and one million in clean water SRIO. With those funds, we replaced a twenty-five year old telemetry system with a modern SCADA system, including firewalls, VPN access, and multi-factor authentication. We repaired a water main that is separate in a creek bed. We cleaned two filter waste ponds essential to our treatment capacity. And next month, we will open beds on a booster station pump upgrade that currently pumps fifty percent of the water we sell, an upgrade that will al- also allow us to meet a new state regulation requiring a five-year tank washout. This is what one million dollars in SRL funding buys for a small community, a comprehensive program of repairs and upgrades that improves public health, reliability, cyber security, and compliance all at once. Without those favorable long terms, most of those projects would still be sitting on a wish list. But I have to be honest with this committee, the process of accessing those funds is harder than it should be. Application complexity, Davis Bacon, and BABA compliance costs, and scoring systems favoring scale create real barriers for a system like ours. I urge the committee to adopt flexible principle forgiveness and STEM project time frames simplify reporting, and provide targeted waivers for small projects. My own career path illustrates another challenge. Up to half the water workforce will leave the industry within the next ten years. I was fortunate to learn on the job, earn my certifications, and build a career without leaving home. NRWA's registered apprenticeship program is now replicating that pathway in thirty-five states with over twelve hundred apprentices enrolled or graduated so far. That program needs continued federal support. And the on-site technical assistance that NRWA and ARWA provided is the most cost-effective investment for small system operation and compliance. Last year, the town of Hodges, Alabama, population roughly twenty-four hundred, suddenly lost its certified operator when he was seriously injured in a car accident. Overnight, no one knew how to run the water system. Within one hour being contacted, an ARWA specialist was on-site. We coordinated with the state and connected the system with a temporary operating record, and assisted the system until permanent coverage was arranged. The community never lost service and never violated its permit. That only happened because a trusted local provider was already in place. Two more things briefly on PFAS. Water systems are passive receivers. Passive receivers of contamination, not polluters. The entire water sector supports HR twelve sixty seven. and I urge this committee to pass it. On the regulatory landscape, I support the Safe Drinking Water Act and every public health protection it requires. I simply ask that when new rules are implemented, the one size fits all approach is neither affordable nor feasible. The tools this committee has created are working in rural American communities just like mine. I am here to tell you where they can work better, and as for your continued partnership, thank you and I look forward to answering any questions that you may have.

35:20 – 35:24

The chair now recognizes Miss Rechten for five minutes for her testimony.

35:25 – 40:31

Chairman Palmer, ranking member Tonko, and members of the subcommittee, thank you for the opportunity to testify today. My name is Lindsay Rechten and I am the President and Chief Executive Officer of the Northern Kentucky Water District. NKWD serves nearly three hundred thousand people across five Northern Kentucky counties. We operate three water treatment plants, drawing from the Ohio and Licking Rivers, and maintain over thirteen hundred miles of water main. I am here today on behalf of the Association of Metropolitan Water Agencies, or AMWA, where I serve on the board of directors. AMWA is an organization that represents large publicly owned drinking water utilities across the country. The importance and vulnerability of our nation's water infrastructure is on full display just a few miles from this hearing room at the site of the Potomac Interceptor collapse along the Potomac River. It demonstrates the real-world impact on the environment, public health, and the economy when a critical piece of water infrastructure unexpectedly fails. This infrastructure failure illustrates the ongoing criticality of strong and sustained investments in our water and wastewater infrastructure which are often combined systems. At NKWD, our distribution system requires continuous investment to replace aging mains and extend service to communities lacking public water access. Federal assistance programs like the drinking water SRF have been essential tools for financing these projects while keeping water rates affordable. As this subcommittee examines the state of the nation's drinking water systems, I want to highlight three key points that I hope you will take away from my testimony. First, federal investments in water infrastructure generate meaningful returns throughout the economy. Second, Congress must act this year to reauthorize several critical financing programs that help communities update and replace infrastructure before it fails while keeping water rates affordable for their customers. And third, Congress has opportunities to strengthen the nation's water systems by taking action to hold polluters accountable for the damage they cause, by helping communities become more cyber-secure, and by ensuring EPA remains committed to sound, science-based regulatory development. On my first point, my testimony highlights well-documented data showing that more than six hundred and twenty-five billion dollars of investment is needed over the coming decades, just to maintain drinking water systems at their current levels of service. While this is a massive expense, we must also recognize that federal investments in water infrastructure generate positive ripple effects that are felt throughout the economy. According to a landmark report produced last year by the Value of Water campaign, every one million dollars invested in water infrastructure generates two and a half million dollars in economic output and one point four million dollars' worth of GDP growth. Alternatively, failing water infrastructure not only threatens public health, but it also interrupts economic activity and leads to severe losses for America's businesses. Nationwide, a single day without water service across the country would cost the U S. economy nearly a hundred and twenty billion dollars, five hundred and twenty-seven thousand jobs, and sixty-nine billion dollars in GDP. And these economic interruptions happen at a smaller scale across the country on a daily basis, whether through routine water main breaks or more dramatic incidents like the Potomac Interceptor collapse. To stay ahead of these challenges, Congress must reauthorize EPA's core water and wastewater infrastructure financing assistance programs before they expire at the end of the current fiscal year. The benefits of these programs are real. Over the past two decades, NKWD has utilized seventeen drinking water SRF loans, totaling over a hundred and ten million dollars to finance infrastructure improvements across our system. Federal funding has allowed us to moderate our necessary rate increases, so we can avoid rate shock for our community, while ensuring we continue to invest in our system. Finally, my testimony includes several other policy recommendations to pursue, in the interest of helping our nation's water systems confront the challenges they face. These include, first, holding PFAS polluters accountable for cleaning up the damage they cause to the environment and protecting passive receivers like water and wastewater systems from footing the bill for remediating waste sites. Second, expanding water affordability assistance. When federal mandates impose new compliance costs, rate payers bear them. A permanent low-income water assistance program would help ensure vulnerable households maintain access to essential service. And third, supporting existing sector resources like the Water ISAC, the Water Information Sharing and Analysis Center, to help local water systems identify and close physical and cyber security gaps implement best practices to withstand hostile threats and generally maintain strong situational awareness of the threat landscape. These and other policy recommendations are described in more detail in my written statement. Thank you for the opportunity and the honor to testify today,

40:37 – 41:25

Thank you all for your testimony. We will now move into the question and answer portion of the hearing. I will begin the questioning and recognize myself for five minutes. Um. Mister Hill, I appreciate you coming here from Russellville, as you know I grew up in Hackleburg, my father's and his uh my family grew up in Hodges. So I'm well aware of of the challenges. Uh, you pointed out that the small rural systems make up roughly ninety-one percent of the community drinking water systems in Alabama. From your experience, and and please be as brief as you can, what specific a- aspects of the state revolving fund uh application reporting process create the greatest challenges? And uh and how important is it to have technical assistance to to help uh in terms of supporting rural water systems?

41:26 – 42:15

Thank you, Mister Chairman. Uh. The biggest problem is when systems like us, we applied in two thousand twenty-two and we're just now getting some of those funds. Uh, our privacy agency did the best job they could do, but they were they were overwhelmed with amount of applications. Uh, it was a a rating scale. It depended on how many people you represented and if you're a disadvantaged community, you could be raised to a higher priority on the list. And by the time those funds got out, there were engineering shortages, there were contractor shortages. And now we have a a bid opening. We used to have eight or ten contractors there. You're lucky to get one or two contractors. So the prices have been driven up substantially due to that delay in getting those funds out, uh, but we were blessed to get those funds. The biggest drawback is the timely manner that, hey, they have got them delivered to the communities in need.

42:16 – 43:14

That would be particularly important if you h- uh, discovered some some issues with um, your wastewater treatment system if uh you needed funding to immediately address those issues um um there's um one of the other things that concerns me about rural water is is vulnerability to cyber attacks and um uh i'm concerned about um this in terms of of how we're going to address that because again most of the the attentions given to the larger water systems um On the issue of cyber security risk, do you think the Build America Buy America requirements are an appropriate mechanism uh to insure the critical comp- components are sourced from American companies and not from adversaries like China that that's part of my concern, is uh them embedding uh the ability to to imp- to uh interfere with our water systems. Is that a concern for the rural systems?

43:14 – 43:58

It was a big concern for us. We had a uh telemetry system uh which could be and it was a proprietary system, so we reached out with our TA providers from Alabama Rail Water Association, and we we got on the same page with them. And we bid the project out with SRL funds, and we switched over with those SRL funds and installed a uh a skater with a redundant sailor. It has the VPN. It is encrypted. Uh, it is Biba compliant, and that was our biggest concerns with something like that, but there are material concerns uh for projects with fittings and those things that that don't concern us as much as the I guess the uh cyber security side was the most concerning part.

43:58 – 44:23

There's also data uh uh issues related to oversight, Ms. Murley, and uh does the EPA data systems interface with state data systems? In reading your testimony uh and you commented on it in your testimony about um, the problems with um, antiquated data system, but I guess that's the best way to put it for oversight of of the funds.

44:24 – 44:42

Yes, uh, thank you for the question, Chairman. Um, my testimony uh in our work highlights problems with data across um, it's it's not a isolated data, I think there's um, issues with the a the way the agency stores and maintains data and also getting data from the states, um, the cities and the subrecipients.

44:43 – 44:59

But if you're requiring the states to conduct the oversight and maintain the records, there has to be some ability between uh the federal government and the states in order to to exercise adequate oversight, otherwise we're gonna have another Minnesota situation.

45:00 – 45:32

Yes, that's correct. And we can get the data, it's just not as um a lot of the data is held um in not easily readable formats. Um if you look to our management implication report that talked about the different ways the states soar, store the electronic data. Um, it varies across states. There's no, um, systematic way that they carry it. We found that six states get construction bids in paper format. Um, I'm not sure if that's been fixed in the two years since we've done that report, but that makes it harder for us to conduct oversight and to obtain those records.

45:32 – 46:00

Well, there's a couple of things that that I I think we need to address. One, uh, the EPA memorandum contradicting federal law and unclear guidance from the EPA. I think that's something we need to address, but also the workforce issues related to uh um the water systems, that half of them are gonna leave in ten years. So that's an issue I think we need to um take a look at. Chair now recognizes uh ranking member, Mister Tango, for five minutes for his question.

46:00 – 46:36

Thank you, Mister Chair, and thank you to our witnesses for being here. Uh, again I truly believe we all have similar goals, and that is to support the delivery. of safe affordable water. But I'm very worried about this impending funding cliff at the end of this year, with the expiration of the IIJA supplemental funding. We're at serious risk of going back to a time when fewer water systems are able to access funding, to carry out long overdue projects. So, Mister Hill, can you talk about the importance of these higher funding levels and what it has meant for your system and rural communities like yours?

46:38 – 47:07

It has made a substantial impact for us. Uh, as you're aware, the IIGA, those funds have to be expended by December twenty twenty six, and that is a burden, especially when those funds are just now getting rolled out and you have some situation where the contractors have not been paid for jobs. They're completed up. It's been great funds. We just need to to work on it and maybe if we get some more funding in the future, we'll learn a lot from from the way those funds were applied and distributed throughout each state.

47:07 – 47:23

Right, it's why I think the human infrastructure is incredibly important to get those dollars out the door. Ms. Ruckin, similarly, from your community and AMWA's perspective, what have those higher funding levels allowed you to do that may not happened, uh, have happened otherwise?

47:23 – 48:01

Thank you for your question. Uh, yes, they've been extremely, uh, critical for our utility. As I mentioned in my testimony, um the northern Kentucky water district has been able to benefit from seventeen um different loans over the past twenty years totaling a hundred and ten million dollars uh in investment and otherwise we would have either deferred those projects or um had to have built those um into our rate base uh so they're they're very important to provide stability and predictability especially when we're coordinating with our cities about projects that we may need to coordinate understanding that those funds are available are very important.

48:02 – 48:18

Thank you. And, Mister Olsen, at the end of the day, the Safe Drinking Water Act is a public health law. Can you tell us why those extra infrastructure dollars are so important for protecting people from unsafe water, including exposure to PFAS, lead, and many other dangerous contaminants?

48:20 – 49:11

Yes, thank you for the question. It's certainly true that what we've seen repeatedly is that the federal funding is absolutely critical funneled through the states to the state revolving fund generally to addressing problems. Mister Pilon recently spoke about the lead service line money. Um there's also just an ongoing need to really address forever chemicals. Um not far from your district in Hoosick Falls for example, there are there are many locations across the country, we've actually published a map and it's cited in our testimony, showing basically virtually every congressional district has both serious lead contamination issues, and most of them also have PFAS contamination issues. This is a problem of public health that affects virtually the entire country, and there's an urgent need to continue these major investments.

49:12 – 49:33

Thank you. And, Mister Olsen, again, if we're going to consider reauthorizing the uh drinking water SRF and other water infrastructure programs, what are the risks would we be taking in terms of subjecting Americans to potentially unsafe or unaffordable water, if Congress does not renew its commitment to these previously enacted historic investment levels.

49:33 – 50:17

Well, it's very important, and I will say the funding cliff that you mentioned is a very real risk. What we are worried about is, for example, between the PFAS and the lead rules alone, there are literally thousands of lives at stake, according to EPA's analyses. That if you don't have those rules in place, if you don't have the funding to actually make those rules alive and working, you could lose thousands of lives, some of them very young children, some of them adults from cardiovascular disease, from lead for example. So these are very real risks that we need to address. And as we saw in Flint, as we've seen in many other locations, if you don't address these problems now, they get worse and worse.

50:18 – 50:43

Thank you. And Inspector General Murky, I mentioned in my opening statement that no one uh with SFF dollars uh that that the dollars uh for SRF uh uh no one wants them to be wasted. But do you agree that EPA's uh staffing um uh reductions uh could make it more difficult to properly manage and conduct the oversight of these awards?

50:44 – 51:41

So we don't have um we haven't done work um on the staffing levels um currently. I will say that staffing levels, grants management and workforce planning have continually been an area that we address in our work. We just recently issued a grants workforce planning audit, um, and we can share that with you, that, um, recommends that the agency plan, um, for workforce and the grants oversight. And in that report we talk about that they need to address the changes and the staffing changes and the organization changes at the agency. Um, human capital and workforce planning is something that we look at in every project that we do. Um, it's p- it's part of an ongoing, uh, oversight oversight area for us and I'll note that um in this year's top management challenges we know that a challenge for the agency is to be um managing the change at the agency with the workforce and the the changes in the organization. So that is something that we will be looking at.

51:41 – 51:51

Yeah, well I think it's important, it stands to reason that the infrastructure, the human infrastructure is essential if we're gonna get these dollars out the door. And knowing from my county days in government uh

51:51 – 51:55

The commitment from the fed says dropped uh dramatically.

51:53 – 51:53

No minutes time.

51:55 – 51:56

And with that I yield back.

51:56 – 52:03

Gentleman yields. The chair now recognizes the chair of the full committee, Representative Guthrie from Kentucky, for five minutes of questioning.

52:03 – 52:09

Thank you, Mr. Carter. Thanks for the recognition. And uh so, Ms. Reckon, do you have all three your district is all three counties in northern Kentucky?

52:09 – 52:16

Uh, we actually uh serve to just Kenton and Campbell County. Uh, we do an emergency supply agreement with our neighboring Boone County.

52:16 – 52:18

So you have municipals within that that are carved out?

52:18 – 52:20

Correct, yes, and then we wholesale to

52:20 – 52:25

Typical northern Kentucky, right? They, the um s but we have a major system, you have a major system,

52:25 – 52:25

Yes.

52:25 – 52:44

yeah, but you serve a lot of people. So from your experience in operating in Kentucky, where do you see opportunities to reduce duplicative or conflicting demands under the Safe Drinking Water Act? And also based on your experience, how well do you do federal drinking water investments support long-term system reliability rather than just short-term uh compliance?

52:45 – 53:27

Absolutely. Thank you for your question. I would say uh just our, you know, over the past two decades, uh, having, uh, been able to benefit from seventeen, um, loans totaling a hundred and ten million dollars, as my, uh, testimony mentions, you can show that that has had, um, systemic benefits across our system. And looking forward, uh, we do an asset management plan, uh, along with our strategic plan, and we can understand what's happening, as - as you know, in Northern Kentucky, serving multiple counties, multiple cities, they have all of their own projects that they'd like to do so coordinating paving projects with them or any other city work helps us to be uh more efficient so we're not, you know, digging this place twice.

53:26 – 53:34

What what kind of duplicative that you get from us that you would I know you'd have to do with Frankfurt but also what's duplicative here that you think is a problem or

53:34 – 53:38

I am unaware of any duplicative um you know funding that

53:37 – 53:40

requirements or anything that stands in the way?

53:39 – 53:43

y- yes I I I haven't uh run into any issues like that.

53:43 – 53:50

OK. Well, thanks. And so, so, Mister Hill, um, so I'm uh, is Roseville still what, about ten or fifteen thousand people?

53:51 – 53:55

Yes, I am a field camp or Bobcat graduate, and my children graduated from Roseville.

53:55 – 53:57

Okay, so you're not a, you're not a local.

53:57 – 53:58

I do live in Roseville.

53:58 – 54:01

I didn't realize. So that's what about ten or fifteen thousand people, is it that big?

54:01 – 54:02

That's correct, yes.

54:02 – 54:48

So you have a smaller municipal. You so so as APA implements new PFAS, Monitoring and Treatment requirements under Safe Drinking Water Act, how prepared are small and rural systems to manage these requirements and absorb the associated costs for testing, treatment, upgrades and ongoing compliance. I know there's reasons to say this. I have Bowling Green, which would be similar to the district and you you operate. And then I've got smaller systems which would be, so I know I know Russiv- you're Russ- we have a Russiville as well, but I know you're Russiville so I know that too. And and I'm hearing from a lot of my smaller ones just the requirements for PFAS, though we won't clean drinking water. We all absolutely don't want it to be safe. But sometimes the standard goes so far it makes it too expensive to I mean, people, you gotta pay for these these changes. And so how how is PFAS and experiencing in your area?

54:49 – 55:28

So we have to test for PFAS, just like everyone else. Uh, we're treated the same as a large utility. Uh, and we do wanna comply with the Safe Drinking Water Act. We want PFAS removed, but the financial burden that it will pass along to these systems is detrimental. And taking it out of the water is only half of the problem. Once you get it out, the problem is getting rid of that that source. Uh, there's hopefully some destruction techniques that will come out soon that will will benefit that, but these small systems cannot afford to remove PFAS, the like the large systems. It it's expensive for the large systems as well, but it's the financial burden that we pass along to the customers.

55:27 – 55:32

You gotta spread it out for your number of of clients. You know, the bigger you are, the more you can absorb the overhead,

55:31 – 55:33

That's correct, yes.

55:32 – 55:50

like in anything. So, Mr. Rick, in your testimony you state this uh that this drinking water stay r- involving loan fund Helps water utilities pr plan for long-term investments and maintain affordability. Can you explain more about how the affordability challenges faces your your rate payers face? The affordability of the system.

55:48 – 56:19

Absolutely. Yes. Uh, so as I mentioned, we do plan projects, you know, um, twenty years in advance. And so part of that planning is to understand the implications to our rates. Uh, so we we see the needed projects, but we also see, you know, the revenues that are coming in. And so we understand the rate tolerance of the community. And when we have access to drinking water SRIs and we can build that into our, um, planning process, we're able to do more projects, uh, because we have access to those funds.

56:19 – 56:33

Thanks. I just have a few seconds, but Miss Murley, we we talked about the the level of funding from the jobs infrastructure act, jobs funds, uh, unprecedented. Has OIG considered, uh, the drinking water state revolving loan fund as a low risk or fraud or high risk or fraud? Have you looked at that?

56:35 – 56:36

Um, maybe you can go first.

56:37 – 57:10

Uh, thank you for the question. Um, we have our work in recent years has highlighted I think what is a growing risk, um, in that area and the need for more oversight. Uh, I point you to, um, our recent report on unknown and improper payments, um, in the SRF's, uh, in the annual reviews of - of those funds. Um, and we're currently in the process of having those conversations on the corrective actions to be had with the agency or what And one of our recommendations is for the agency to consider the risk level that the agency applies to those programs.

57:10 – 57:12

OK, thank you. I've seen my time's expired and I'll yield back.

57:13 – 57:18

The gentleman yields, the chair now recognizes, a gentleman from California, Mister Peters, for five minutes of questioning.

57:18 – 58:51

Thanks very much, Mister Chairman. Thanks for our witnesses uh for being with us today. It is critical that we modernize this country's water infrastructure. Our water systems are old and and decaying, as you've explained. Many of them still struggle with replacing old service lines that contain Toxic metals like lead and copper. Deteriorating infrastructure contributes to leaks that result in wasted drinking water or worse, the infiltration of coq toxic chemicals and sewage uh into the water system. Uh, these issues hit close to home for me and for my district in San Diego and in most of the West. We've grappled with how to provide the water our communities need while dealing with frequent droughts and outdated infrastructure. This week, I will reintroduce my drought act, which would help water utilities upgrade their infrastructure Under the Water i- Infrastructure Finance and Innovation Act, or WIFIA, for projects located in drought-afflicted areas, regionally and nationally significant projects, and projects located in low-income communities. And to be eligible for WIFIA loans, the total federal assistance for our project cannot, today, cannot exceed more than eighty percent of our project's eligible costs. This federal share cap makes it more difficult for state and local governments, especially smaller, more rural ones, to finance and complete water infrastructure projects. Raising the share cap for eligible projects is a common sense approach that would provide flexibility and more financing options for critical water infrastructure modernization projects. Ms. Recton, um, how can the federal share cap for projects financed under WIFIA make it more difficult for water utilities to finance and complete the infrastructure upgrades they need these days right now?

58:51 – 59:05

Thank you for your question. Uh, Northern Kentucky Water District has uh not had the opportunity to apply for um, any WIFIA program, so I can't, um, speak to that, but I can absolutely take that question and, uh, provide a response to you, um, after.

59:06 – 59:13

OK. Does anyone else wanna respond to that from the perspective of the, um, water perspe water systems? Mister Olsen?

59:14 – 59:39

Yes, um, thank you for the question. I, we certainly support expanding WIFIA and putting more money into WIFIA. We think it's, um, certainly had a major success. Um, I'm happy to take a look at your legislation and get you a reaction. Um, certainly there's an urgent need for all hands on deck to address our water infrastructure crisis and with you I think we'll play an important role in that.

59:39 – 59:45

Okay. Mister Hill, would the National Rural Water Association's members benefit from an elevated federal share cap?

59:48 – 59:54

Um, um, I'll support anything that benefits our members. I can promise you that come from small community, but yes.

59:54 – 1:00:10

I'd love to work with you on this. I think uh this would help modernize the country's aging infrastructure, provide some support for locals from the federal government, uh and make our systems more efficient, resilient, cleaner and safer. And um thank you s- thanks again for being here. I yield back.

1:00:12 – 1:00:18

Gentleman yields, the chair now recognizes. The gentleman from Ohio, Representative Lada, for five minutes of questioning.

1:00:18 – 1:01:10

Well, thank you very much and thanks for our witnesses for being with us today. And um i got lot of questions and so we could keep the answers short uh my background years ago i was a county commissioner in ohio and one of our many portfolios that we had was water and sewer so i was intimately aware of what's goes on out there and what you all do and so if i could start uh mister hov i go around my district all the time i'm in a lot of my water treatment plants the number one issue we're hearing out there today is what happens when our operators are retiring and we don't have that certification. And I know you said you had a situation where you had somebody who'll be able to step in, but a lot of places they're getting concerned cuz they don't have these people. And so the question really comes down to, does Washington understand what you all go through? And then if you don't have the people, how do you operate a system?

1:01:11 – 1:02:05

That's a great question. We're, we're working day in day out uh with Department of Labor. We have some uh apprenticeship programs national does that We're trying to get some more support from, but we have technical assistance in training in all fifty states. Uh, EPA has that technical assistance, and these systems in Alabama, they trust the Alabama Real Water Association technical assistance provider. That that guy's an expert. He provides free training to those operators, and we provide board member training, and we try to have it within one hour of every system because some towns have one operator they cannot leave. And we try to have it at those systems that actually can't leave if they have a availability for us to have something there, but Uh, they're required twenty-four hours for a single certificate and fifteen for each of their duel, every three years. That's a lot of continuing education hours, but I think we can do better. But there's technical assistance now in place, but I would love to see more funding

1:02:05 – 1:02:05

Well,

1:02:05 – 1:02:06

for the states.

1:02:06 – 1:02:40

because it also comes down to you, you, we can't force people to do a job. We have to make sure we get these people out there and trained, because as they retire, we can't just say, you know, these people are gonna do this. What about co- you know, the question about contractors? You know, the question's about how much work has to be done, and then the other part is on the supply chain. Do we have enough of the supply chain out there that once you find the contracts, do the work, can they even have the, you know, the material out there to get, to meet the standards we have to have? And nobody's against any of the clean water and making sure that it's there, but the problem is providing it.

1:02:41 – 1:03:11

I'll give you one example of contractors. Um, the EPA We had that situation hostage uh in Hodges. We had an operator there within an hour. I looked back and went to the EPA technical assistance site, and you you fill out a form about this loan, you send an email, and they'll respond to you within three days. And they try to pair you with a technical assistance provider, and uh we're boots on the ground with these associations. I don't think anybody spends those funds better than these state associations to assist and they have a a personal relationship with each one of these systems.

1:03:12 – 1:04:02

well thank you um ms. reckman let me ask if i may uh turn to you um you know you were were trying about issues out there that again affect people but you know especially when you're talking you started talking about your the sound science based regulatory development based on sound science in a well and will present opportunities for public health improvements otherwise establishing drinking water stands without regard to the cost will cause water system to divert scarce resources and will lead to higher water rates for customers across the country. I'm gonna ask you a question, same question. Does Washington understand what you do and what it what what the impact that you have on people out there? Because if you if all of a sudden you uh increase costs out there, how do people number one pay for it in an area that are living there, but how do you get new development to come in, if all of a sudden they say, we can't afford the rates?

1:04:03 – 1:04:31

Thank you for your question. Uh, yes, so as a um water district, our uh we don't have um you know any investors or anyone we just have the rate base so any time any additional costs um are are borne by the community members so we do have to absolutely remain mindful of of spending their money like our own um to understand what projects are are critical how do we prioritize these projects to make sure that we're being as efficient as possible

1:04:31 – 1:04:49

ok real just real briefly because when you talk about prioritizing those projects out there and there were those that are critical but if you're always dealing with quote unquote safe drinking water and making sure you're meeting the federal standards. Isn't that kind of tough to do, maybe we have to prioritize those?

1:04:49 – 1:05:30

That's a great question. So, um, we went through a strategic planning process to address just that, uh, where we recognized, you know, not only just our aging infrastructure, our water mains, our treatment plants, workforce, personnel, but then we saw the regulatory compliance side. And so during that strategic planning process as we were fleshing out how to prioritize projects, we looked at regulatory compliance as, you know, top of mind. And so things like the lead and copper role improvements, um, PFAS treatment, we wanted to make sure and allocate the right amount of dollars, advocate for the right amount of dollars, and apply for those so that we can remain compliant, but also not lose sight of all of the other work that we have to complete.

1:05:30 – 1:05:33

Well, well thank you very much, Mr. Chair, my time has expired and you're back.

1:05:33 – 1:05:39

The gentleman yields, the chair now recognizes the gentleman from California, Doctor Ruiz, for five minutes of questioning.

1:05:39 – 1:07:27

Thank you, Mr. Chairman. Uh, the drinking water costs are rising and it's adding to the American affordability crisis. Since January twenty twenty-five, local water agencies in the region have continued uh approving or proposing rate increases to cover rising operational cost and much needed and deferred maintenance. uh there's a lot of reports that a lot of the infrastructure needs upgrades uh for more efficient uh water storage and uh use for their capacity uh water affordability is increasingly a concern for many consumers in its twenty twenty four report to congress the epa estimated that between twelve point one million and nineteen point two million households nationwide lack affordable access to water services with annual assistant needs ranging from five point one billion to eight point eight billion dollars. These increases reflect the rising costs of treatment and infrastructure that communities are bearing underscoring the urgent need for strong federal investment to help utility utility companies comply with strong protective standards we need clean and safe and affordable drinking water for every American in our nation. Water is a common good, and one can describe it as also a right to have access to water, just like the air that we breathe, and we want it to be clean uh and safe. Uh, Mister Olsen, what measures can the federal government implement to ensure these seas- these systems can maintain affordable rates while still meeting safe, drinking water standards?

1:07:28 – 1:08:42

Well, thank you for that important question. Um, there are basically three things that we recommend. One is certainly expanding and continuing the federal investment in water infrastructure. That relieves some of the cost, as you've heard from uh some of the other witnesses today. The second thing is a low-income household water affordability program. And that would be investments really to help lower-income people, much like LIHEAP is for uh energy, this would be for water. Congress did adopt one temporarily. um, during the COVID crisis, but we need a permanent low-income household water affordability program. And the third thing we recommend is technical assistance to water utilities to help them with their water s- rate structures and other affordability programs so some cities for example Philadelphia have adopted programs where they have basically an income-based water rate for low-income people and if you structure your water rate right, you actually we have tools um that have been identified that the utility can actually save money um by doing this because they're not having to ding people constantly and ask people to pay for water they can't afford

1:08:43 – 1:10:24

thank you you know the rate increase is already taking effect for california water company customers in january twenty twenty six making clear that uh water bills will continue to rise uh this reality is reflected in in scenarios in my district i mean for one i just left my office with valley uh sanitation uh district uh that treats water and and and manages water for the city of indio and other areas and and so they're they're coming up to a hundred years in existence and and they have to upgrade some of their infrastructure uh and they also want to develop a biosolid uh to um fertilizer uh process to help our local ag industry as well which is a good source of revenue to add to uh a innovative way to increase the uh the the funding for the infrastructure development uh we have the banning flume who is a is a community near the banning area in my district that had uh some damage to their water systems because of uh natural disasters and fires uh and the flooding that uh recently occurred and so their water system, the lack of water devastated their their orchards, their their livelihoods and many people have left out it's it seems like a ghost town right now. So, uh how uh this question is for you, Mister Rekshashan, what do water systems need to better conserve water and protect critical infrastructure from environmental threats like wildfires and tropical storms?

1:10:24 – 1:10:52

Uh, thank you for your question. Uh, so, specifically Northern Kentucky Water District, uh, we are very fortunate to be in a very water-rich um um location. So, we have access to the Ohio River and the Licking River. Um, so water shortage issues don't specifically affect my system. Um, but certainly, um, polluters uh impact the Ohio River. So, I would say um, you know, we need to hold um polluters accountable, um, make sure that we have

1:11:03 – 1:11:03

thank you

1:11:07 – 1:11:14

the gentleman yields the chair now recognizes the gentleman from virginia representative um excuse me griffin for five minutes of question

1:11:14 – 1:12:48

thank you very much mr. chairman i greatly appreciate it witnesses i am going to thank you very much mr. chairman i greatly appreciate it witnesses i am going to reference a ronald times article from august reference a ronald times article from august twenty ninth of twenty twenty two. In the article it talks about the Western Virginia Water Authority's Spring Hollow Reservoir the reservoir is located in the ninth congressional district, which I represent, but it also serves uh sections of the sixth congressional district represented by Ben Klein as well. Uh in the talk it says uh last year as a part and this is remember twenty twenty two, so in twenty twenty one last year as a part of a statewide study by the Virginia Department of Health tests at Spring Hollow found hexafluoropropylene oxide dimmer acid at levels of fifty-one and fifty-seven parts per trillion. In June, well after the Water Authority learned of the test, the environment that would be at twenty twenty-two. In June of twenty twenty-two, well after the Water Authority learned of the test, the Environmental Protection Agency issued a new health advisory for l- levels of this Gen-X substance to anything above ten parts per trillion. The amount of Gen X in Spring Hollow was the highest concentration of a forever chemical found in forty-five public water sources that were part of the statewide tests according to a twenty twenty-one Department of Health report to the General Assembly. All right. So. Question number one to Mr. Hill and Ms. Recton. Do you believe that a water system should be liable for cleanup when the source of the PFAS can be traced to a point of discharge?

1:12:49 – 1:12:56

We should share no liability. We we think we are passive receivers and we should be exempt from CERCLA, and we believe the polluters should pay.

1:12:57 – 1:12:59

You concur, Ms. Reckten?

1:12:59 – 1:13:00

I concur with Mr. Hill, yes.

1:13:00 – 1:13:39

All right, now I'm gonna switch to to Ms. Murley. So here's what happened. They get the fifty-one and fifty-seven parts per tree and it's Spring Hollow Reservoir in Roanoke County in twenty twenty one, but EPA comes out in twenty twenty two and says you shouldn't have more than ten. is the ten a reasonable number, or was was EPA overreacting, why didn't that number come out sooner if it's, I mean, they're at fifty-one and fifty-seven and they don't notify the consumers because they don't have anything that indicates at that point in time in, in Roanoke County, and it serves some other counties too, but it d- they don't have anything at that time that tells them that the fifty-one and fifty-seven are a problem.

1:13:40 – 1:13:44

Uh, thank you for the question. I think that's a question better directed at the agency.

1:13:44 – 1:13:45

All right.

1:13:45 – 1:13:47

But I'm happy to take it back. Um.

1:13:47 – 1:14:08

If you would, I would appreciate it, cuz I'm curious about it because it raises the question, Mister Hill and Miss Recton, is that should the Roanoke, should the Western Virginia Water Authority located in Roanoke County and Spring Hollow, should they have known that fifty-one and fifty-seven were a problem and notified their consumers earlier? Mister Hill, you wanna start or you want Miss Recton to take that one first?

1:14:09 – 1:14:15

Uh, I I think it the minute they knew about it, they should have reached out publicly and um and got ahead of that.

1:14:15 – 1:14:22

even if it was, even if it wasn't at the time, considered a hazard or by advi- any advice from the EPA.

1:14:22 – 1:14:28

Well, I would if it's not considered a hazard, that that's a different situat- that's a tough position to be in. Uh,

1:14:27 – 1:14:28

It is.

1:14:28 – 1:14:33

I think you'd consult with numerous people with some advice and and go from there. That's a tough question.

1:14:34 – 1:14:59

All right. So, Mr. Recton, I'll give you the next tough question, cuz I'm I'm asking, cuz I wanna know the answers. So, because of the delay, does that put some liability back on the water system if they knew or should have known, and I'm not saying they should have known, that there was a health concern. Does that put some liability back on the water system in an attempt to protect their consumer?

1:14:59 – 1:15:04

I really would hate to speculate on uh uh anything, so but what I

1:15:04 – 1:15:05

I would too. I don't bl I don't blame you.

1:15:06 – 1:15:22

What I can say is that drinking water utilities did not manufacture the any chemicals the the utility is trying to protect the community by removing it from their drinking water supply. So, uh, as passive receivers they shouldn't, you know, there should be no liability.

1:15:23 – 1:16:26

And ultimately, the Western Virginia Water Authority would reach a one point nine million dollar settlement with the companies and apparently what happened was, was that a comp- a a a company was giving tanks to another company to be cleaned out, upstream, and didn't warn the the secondary company that there was a PFAS inside the tanks or that might have been inside the tanks, so no precautions were taken. Since then they've they've done all kinds of things. The lower the limits have been lowered. I don't wanna scare the folks in in the in the Western Virginia Water Authority region that there's a problem today, but they're still having to do measures to remove any residents or remnant of amounts of the PFAS from the water there. And that's the concern that that I have, along with I mean, I have areas that don't have uh, safe drinking water to begin with, much less a system that's been contaminated by PFAS. But I appreciate all of you all being here. This is a very important subject. And if you could, from the EPA standpoint, get me an answer, cuz I'm just curious. And curious minds want to know. Mr. Chairman, I yield back.

1:16:27 – 1:16:32

Gentleman yields. The chair now recognizes gentleman from New Jersey, Mister Pallone, for five minutes for his questions.

1:16:33 – 1:16:57

Thank you, Mr. Chairman. Um, my questions, you know, all relate to concern over lead service lines and the need to replace them and cleaning up pfast contamination in water obviously these things can be costly so let me start with mister recton what kind of industries rely on the water provided by your water utility, if you will.

1:16:57 – 1:17:06

uh we serve all types of industries we have hospitals schools uh daycares um northern Kentucky is a very um it's a suburban metropolitan area

1:17:07 – 1:17:22

And, you know, again, I'm going back to these toxins and other things that might get into the system. Would you agree that sustained federal investment is critical to helping water systems like yours address public health challenges, you know, such as PFAS and lead?

1:17:23 – 1:17:36

Yes, uh, we do treat with granular activated carbon. So, um, you know, any funds that are available to help us with, um, not only those capital costs, you know, we also have operating costs, um, that are implicated. So any, uh,

1:17:39 – 1:18:17

Alright, and that and, you know, this is the reason that I fought hard for the investments in the bipartisan infrastructure law, to the state revolving fund as well as targeting funding to address lead and PFAS contamination because that's a way to protect communities from dangerous toxins and and making sure that the water systems have the funding. Uh, but again, while funding is key, uh we need a regulatory framework so it's also essential to have a good regulatory framework. Uh so let me go to Mister Olsen, why is it important to have strong enforceable drinking water standards in your opinion?

1:18:18 – 1:18:58

Well what we've seen is that unless you have national standards in some locations the water system simply do not um remove some of the contaminants that are a real health concern and we've seen this repeatedly I mean for Pfas for um and for lead there's been um you know fighting over those I've been part of those fights for in some cases thirty forty years where the water systems in some cases have fought off um replacing their lead pipes or addressing some of these problems so I think having a baseline set of federal protective standards will protect public health across the country.

1:18:58 – 1:19:42

Yeah and I mean right now we see water utilities suing EPA over these biden era standards that protect communities from toxic lead and harmful pfast and of course they they just they say in these lists that one justification is the cost right so let me just say issue again based on your experience can we have both protective drinking water standards and affordable water and other words can a permanent water assistance program which myself and and i believe that um that uh a ranking member uh, Mister Tonko has actually introduced it, can we have a permanent water assistance program to insure that we have both, uh, safe and affordable water? Is that important in your opinion?

1:19:42 – 1:20:31

It's absolutely crucial that we have both. Nobody wants to be drinking water that's threatening their health or their children's health. Um, on the other hand, some low income people definitely are having issues already with water affordability. So, the two must go hand in hand. We need the federal funding, um to uh address some of the infrastructure issues and a low income household water assistance program we strongly support both of those but we can't be trading off um bad water um in order to make our water affordable it's just nobody wants that water as i mentioned in my testimony eighty percent of the public is already concerned about their tap water and having the country switch over to bottled water is not the solution we we really have to have safe and affordable water coming out of people's taps.

1:20:32 – 1:20:40

Well, I agree with you and I don't really have anything to add to what you said, cuz I totally agree with what you said. So thank you, um, and I yield back, Mister Chairman.

1:20:41 – 1:20:46

The gentleman yields, the chair now recognizes the gentleman from Pennsylvania, Doctor Joyce, uh, for five minutes for his questions.

1:20:47 – 1:22:57

Thank you, Chairman Palmer and Ranking Member Tomko for holding this important hearing, and to our panel for being here to testify. This hearing is especially timely as we continue to deal with the aftermath of the sewer line failure right here in Washington, DC that emptied millions of gallons of raw sewage into the Potomac River. In my role as the Chairman of the Oversight Subcommittee, I joined Environment Subcommittee Chairman Palmer, as well as Chairman Guthrie in sending a letter to the DC Water, investigating how this failure occurred and how it will be remediated. While I look forward to receiving answers to those questions, Today, I would like to focus on what a failure like this one that we are seeing here in Washington, reveals about our water infrastructure. All over our country, aging sewer and drinking water systems need those critical repairs. They need those critical upgrades. If these projects are not completed efficiently, we will risk future public health and clean water disasters across our entire country. This risk is especially urgent in rural communities with smaller water systems. Often, rural communities rely on small teams with limited resources to run both the sewer and the clean water facilities. A disruption in either can put a strain on both systems and place extreme burdens on operators and the communities that they serve. For these communities, federal support, like what is provided by the state revolving funds, represents a much needed lifeline allowing rural Americans to receive uninterrupted drinking and wastewater services in under-resourced areas. Miss Murley, in your testimony you discussed confusing and sometimes conflicting guidance provided by EPA to states regarding how to use state revolving funds in a way that is consistent with relevant program requirements. How does this unclear guidance prevent states from efficiently and effectively dispersing funds to communities seeking to complete eligible projects.

1:22:57 – 1:24:03

Well, I'll thank you for the question. Um, I'll point you to uh one example we have would be the um BABA report that we have, which had guidance that we found um we published an evaluation summarizing um SRF program administrators' perspectives on capacity to manage um GWRS funding. Um, and they reported obstacles in understanding the guidance. And then we followed up with a report looking at um the different guidance in that area. And so what we found is when um you know states and localities are trying to implement new guidance, it can be difficult or i- i- implement new programs or requirements. If the guidance is not clear, it can hinder their ability to either apply for a program, um complete the program or be in compliance. I would also point you to um an audit that we did on emerging contaminants and how to rank non-PFAS um contaminants and water for funding um that led to confusion among um not only uh the regions administrating it but the people who were um the cities and localities that needed to comply with those requirements and they applied

1:24:03 – 1:24:07

And that confusion, it really affects compliance when it comes down to it, correct?

1:24:07 – 1:24:08

It it can.

1:24:08 – 1:24:26

And with complicated regulations, especially as it relates to the cost of that compliance for communities that will ultimately receive and utilize these funds, What what's how can they deal with that? How do they approach that when they don't know that they're clear-cut compliance from unclear, uh, obligations?

1:24:27 – 1:24:39

I think that points to why our oversight work is so important, because when we have these findings and we present them to the EPA and they issue corrective a- actions that um enhance their guidance I I think it allows for the programs to function better.

1:24:39 – 1:25:01

Thank you. Mister Hill, you discuss in your testimony that most rural utilities who would benefit from this federal funding don't have the resources that are necessary to hire full-time compliance staff that many large operators afford. With that dynamic, can you explain how regulatory uncertainty affects the small system's ability to engage in long-term planning?

1:25:02 – 1:25:37

Thank you, Mr. Chairman. Yes, uh, small systems, one guy is doing four or five multiple tasks. He doesn't have the manpower. Uh, they reach out to our state associations for compliance. and for technical assistance, and they get involved and try to to structure the best plan and find them a way to navigate that, uh but infrastructure as you know is failing and those funds are critical and they're crucial, but we have people in place with these state associates that would do their best to help these small association or these small communities navigate that process.

1:25:36 – 1:25:59

Thank you. As those living around the Potomac River here in Washington are made very aware, these risks are not theoretical. and they're not far off. They're right here in Washington, D. C. And it's critical that we act now to ensure the projects can be funded and completed efficiently, and I look forward to working with this committee to find that best path forward. Thank you, Mister Chairman, and I yield back.

1:26:00 – 1:26:04

Gentleman yields. Chair, now recognize the gentleman from Florida, Mister Soto, for five minutes for his questions.

1:26:05 – 1:29:01

Thank you, Chairman. Clean water is fundamental for every American. It's a core government duty. This is why many of us came together to vote for fifty billion dollars for uh the state revolving funds and for water infrastructure under the infrastructure law, under President Biden. I appreciate the interest in clean water, especially now that it's affecting a few democratic areas. Uh you know, uh it's been kind of quiet, didn't seem to bother anybody when it was affecting Republican areas. It's kind of ironic uh in a way, but I appreciate the renewed attention today. Uh, you know, the investment in clean water protects uh families, and it also helps stops or reduce uh the need to raise rates. In Florida we saw uh the most lead pipes of any state, which shocks a lot of people cuz we have a lot of new growth. And uh that's why my state was granted two hundred seventy-five million dollars more than any other state to to help address this. We're the twentieth largest metro area in Orlando now, fast growing, and so I appreciate both these funds and then I know Representative Peters mentioned the the WIFIA funds those loans that are absolutely critical from EPA we saw uh help with Orlando's Iron Bridge Regional Water Reclamation Facility recently uh with uh with these revolving funds and then uh St. Cloud uh we had some issues with brown water there for a while. And recently we've gotten to work with EPA for over three hundred million for Polk County for the water initiative there three hundred million for toho water my home county of osceola or two hundred million for. orange county so it's not only just the state revolving fund. uh it's also these loans and then the water research development act all these are critical. and you know i've heard a lot from. our water utilities today about. the inability to uh fund it and i am very empathetic to that right this is why the congress needs to step up. to get you all the money especially in a lot of these smaller. towns and areas. Um, but we've seen the current Inder EPA undermine a lot of these historic efforts, eliminating PFAS drinking water protections, eliminating pesticide protections, requesting forty percent cuts, uh, which we blocked here in the Congress, including one billion less for the state revolving fund, the subject of this committee. And Congress has pushed back also on a lot of these other cuts. And we also see a climate change endangerment finding that's been pulled back by the EPA just over the last few months. Rising seas are one of the biggest issues that are threatening water systems and sewer systems in Florida especially uh near the coast. Salt water intrusion, rising water tables that wreak havoc on the gravity systems uh throughout Florida. Mister O- Olson, how much is rising seas costing water systems across America?

1:29:02 – 1:29:33

Thank you for the question. Um, we see salt water intrusion um obviously in your dis- in um Florida, we've uh, Mister Carter's district in uh New Orleans where there was a salt water wedge going up the Mississippi, contaminating a lot of water systems. As that salt water gets into both ground water and into surface waters, you start to see contamination and it can exacerbate things like lead. That salt water, it doesn't take a lot. to create toxic disinfection by-products.

1:29:33 – 1:29:35

These pipes weren't made for salt water, right?

1:29:35 – 1:29:37

They are not. They they corrode.

1:29:36 – 1:29:42

And then walk me through the gravity part of it. You know, if you you have a rising water table, how does that wreak havoc on systems?

1:29:42 – 1:29:57

Yeah, but it's a significant issue in a lot of coastal areas because as the water table rises, and as you see more salt water, um, they're going to have to spend a lot of money to treat that water. It can actually require reverse osmosis in some cases.

1:29:57 – 1:29:57

Thank you.

1:29:57 – 1:29:58

Very expensive.

1:29:57 – 1:30:12

Deputy Inspector general murley how do you respond to these concerns about climate change there it's literally endangering clean water in florida uh what do you think the role should be for you as inspector general as this endangerment finding has been removed

1:30:12 – 1:30:28

so um thank you for the question as an independent nonpartisan office we would not assess or opine on the merits of policy itself um but if we did work it would focus on whether the agency complied with laws regulations or procedures and internal controls and making and implementing that decision.

1:30:28 – 1:30:36

So you wouldn't make a determination whether EPA is doing something contrary to their mission or something that potentially could be corrupt?

1:30:37 – 1:30:46

What we would look at is whether the agency had followed its own process and its internal, um, procedures, and I'll I'll point you for example when we reviewed the EPA's two thousand and nine in data.

1:30:46 – 1:31:05

Well, thank you so much, Inspector General. I would think at a water hearing we'd have an EPA person who actually could respond to this. I recognize your limitations, but you're still the and Inspector General who's supposed to be reviewing a lot of these endangerment findings and uh, you know, Mister Chairman, I would hope we could get someone in here who could talk about this eventually and a yield back.

1:31:11 – 1:31:15

Chair now recognizes this gentleman from Louisiana, Mister Carter, for five minutes for his questions.

1:31:17 – 1:32:51

Thank you Mister Chairman. Thank you to witnesses for being here. I represent Southeast Louisiana where we know firsthand how water infrastructure is a literal lifeline to communities. We need robust federal investments in our water systems to meet the estimated six hundred and twenty five needed over the next twenty years to insure the health and safety of Americans. Climate change is putting additional pressure on our drinking water systems through extreme weather events. The New Orleans area now regularly faces threats of salt water intrusion into its drinking water supply due to high level high level sea sea level high rise Midwest drought which reduced river flow and allow salt water to move up to Mississippi near the water intake system. Had salt water reached the intake system, it would have been potentially cut off safe drinking water for hundreds of thousands of Louisiana residents, forcing expensive emergency measures and threatening public health agriculture ecosystems across the region. This is not hyperbole. This is real. We know this to be a fact. In a rapidly changing world, Congress needs to be proactive, a proactive partner with drinking water systems to build resilience to twenty first century threats. Mister Olsen. How are the impacts of climate change, drought, winter storms, hurricane, heat waves impacting the operations of water utilities, and how are these impacts increasing costs for utility and rate payers?

1:32:52 – 1:34:00

Thank you. It's a very important issue. Um, as you mentioned, the salt water wedge that was going up the Mississippi was a huge problem. Downstream of New Orleans there was contamination in some of those smaller water systems, that got contaminated by salt water. It really created significant issues. And it's not just those kinds of issues we're seeing. Because of drought, a lot of western utilities are having problems having adequate water. We're seeing wildfires that are spreading and that most people don't think of this but wildfires can pose a real risk to drinking water supplies water supplies what we've seen in in the campfire for example and several others is plastic pipes got melted and then contaminated water got sucked into the distribution system with benzene and other contamination in some cases contaminating entire water systems um so we see climate change definitely an increasing threat spreading across the country and frankly globally um so unless we have meaningful changes that insure that we're addressing those extreme weather events

1:34:00 – 1:34:03

and the retreat from the denial that climate change is real

1:34:04 – 1:34:04

exactly

1:34:04 – 1:34:29

uh there's still those who are in very powerful places who suggest that climate change is a hoax uh this thought in vitriol is dangerous to the american people uh as you note in your testimony Cyber threats also pose risk to our nation's infrastructure. What tools and resources should Congress provide EPA to, EPA and water systems to handle these threats?

1:34:29 – 1:34:31

Cyber attacks is what you're asking about.

1:34:31 – 1:34:32

Yes.

1:34:31 – 1:35:18

The, it's a significant challenge because as you've actually heard from uh Mister Hill and others, um we definitely have issues. A lot of small systems in particular don't have the resources to address this, and it's something EPA had actually issued a guidance document that would have required states to address cyber security as part of the what they're called sanitary surveys and that was challenged by the industry we think we need a national solution to the cyber security issue we've seen repeated cyber attacks already on water utilities some of them um having to shut down their billing systems and as i mentioned in my testimony examples of um remote attacks on those uh water systems to actually affect their status as

1:35:17 – 1:35:31

Th- thank you. Um, Miss Markley, you you were asked a moment ago questions about um your role as Inspector General. Can you in just ten seconds tell me what is your job as Inspector General?

1:35:32 – 1:35:40

Uh, my job is to oversee the agency's programs and operations to make sure they're operating efficiently and effectively and to prevent and detect waste, fraud and abuse.

1:35:41 – 1:35:55

Okay, so when you identify that Um, do you feel that you are empowered to call out this administration if in fact you identify ways for an abuse of some practices that are uh not correct?

1:35:56 – 1:35:57

I do.

1:35:57 – 1:35:59

You feel like you have that full power?

1:35:59 – 1:35:59

I do.

1:36:00 – 1:36:03

Yeah, when my colleague asked you questions, you seemed to waffle.

1:36:04 – 1:36:11

Um, I answered the the question based on our role is in the um Inspector General, the IG statute, we are not a policy.

1:36:12 – 1:36:42

I don't think his question was relative to a policy, it was relative to an action. So a part of a part of a us an oversight in asking you questions, particularly given the title that you enjoy, is a title to ensure that you are rooting out ways fraud abuse, that you are not looking through the prism of a Republican or a Democrat, not answering to any particular president or even EPA administrator, but just to the facts. My time is far exp uh exposed. I will re- send more to you in writing. I yield.

1:36:43 – 1:36:43

Thank you.

1:36:44 – 1:36:49

Chair now recognizes gentlelady from North Dakota, Miss Fedorchik, for five minutes for her questions.

1:36:50 – 1:38:01

Thank you, Mister Chairman, and thank you to all the witnesses for sharing your expertise and your passion for these issues with all of us uh today. Super important uh legislation we're talking about today and the regulatory structure for safe drinking water something that every American cares about every uh elected leader regardless of your um party cares a lot about safe drinking water and making sure we have the correct uh processes in place to protect and provide that to americans um mister hill i wanted to start with you you testified that ninety one percent of community water systems serve ten thousand or fewer people yet they face the same federal mandates as the largest utilities I represent the entire state of North Dakota, lots of communities, most of our communities are under ten thousand, uh so can definitely relate to this. Um from your perspective as a small system operator, how should Congress adjust state revolving fund implementation, or regulatory timelines to better account for limited staffing and administrative capacity without compromising public health?

1:38:02 – 1:38:57

I think the process needs to be expedited uh. And that starts at the application process. We've gotta get that money in the hands of those utilities because I've got a one million dollar clean water and a one million dollar drinking water project. And by the time it gets to me, those contractors are walking right by me going to a ten or twenty million dollar project. So, I said when I go to a bid opening and there's one to two people that ten years ago we had ten contractors. So, that lag time is cost uh, prices to increase Uh, one of our neighboring systems just received eight hundred and forty-five thousand. They had one contractor to be in and that that project was one point four million. And that puts a burden on the system actually when cuz it's taken four years to go from application to you receiving those funds, and that is we've gotta expedite that process and get that those out. And whatever we can do to get those funds out to those small utilities, we need to address those concerns.

1:38:58 – 1:39:21

Great, thank you for that. And you outlined specifically barriers that small systems face accessing the i ja and s r f funds um particularly david davis bacon and application complexity if congress were to prioritize just one or two targeted reforms to insure that rural communities can fully use these funds what would it be

1:39:22 – 1:40:08

uh the davis bacon it takes a lot of time to go on-site. You have to categorize those employees for the job they do. Uh, there's a lot of paperwork to that. Uh, and when you, you drag that process out even longer, instead of a a week or two week process, it takes two or three months. That's a issue. Uh, I support BABA one hundred percent, uh, especially on cyber security, but sometimes you have pumps for motors and things you can't get. Uh, the way that plant was designed thirty years ago, you need just order something and drop it right back in place. Uh, sometimes you have to go outside of that and get something that doesn't fall under BABA, but the cyber security, I agree, is one hundred percent should be BABA compliant.

1:40:08 – 1:40:31

Okay, very good. Thank you for that. Um, Ms. Murley, the Safe Drinking Water Act requires EPA to consider cost-benefit analysis when regulating contaminants. Based on your office's oversight work, how effectively is EPA balancing health protections with affordability, particularly for small communities like those I represent in North Dakota.

1:40:31 – 1:40:45

Thank you. Um, we have not conducted work in this area, though we are aware of at times the prohibited costs to recalibrate systems to address different contaminants. And we'd be happy to meet with your staff and talk about concerns that you have and any work that we may do in that area.

1:40:45 – 1:40:51

Okay, is it something that you can do more of or why have you not um pursued that work in the past?

1:40:51 – 1:40:53

I would have to take that back.

1:40:53 – 1:41:23

Okay, thank you. Um, I have one more minute. Ms. Recton, your testimony cites EPA's estimate of six hundred twenty-five billion dollars in drinking water investments needs over twenty years. Uh, some others have testified to it being almost a trillion dollars or more. In your view, is the current SRF that we w- WIFIA structure sufficient to close that gap, or does Congress need to rethink the federal financing model?

1:41:24 – 1:41:54

Um, thank you for your question. I would say that the Northern Kentucky Water District has enjoyed um several drinking water SRFs. Um, over the past twenty years we've been able to benefit from seventeen of those, um, totaling a hundred and ten million dollars. So our historical um access to those funds have been instrumental um in how we've been able to invest in our system. And I would say moving forward it's it's equally as uh uh critical uh for the stability and um predictability of how we can plan our projects.

1:41:55 – 1:41:57

OK. Thank you, ma'am. I yield back.

1:41:58 – 1:42:03

Gentlelady yields. Chair now recognizes the gentleman from New Jersey, Mister Menendez, for five minutes for his questions.

1:42:04 – 1:42:47

Thank you, Chairman. Here's something I know we all agree on. No American should be poisoned by the water they drink or pay for lead contamination. There is no safe level of lead exposure. In New Jersey alone, at least one hundred and fifteen thousand lead pipes and millions across our country still need to be replaced to prevent developmental delays, brain damage, nerve disorders, and other potentially lifelong health consequences. Our state and nation have made meaningful progress toward eliminating lead pipes, but there is still significant work left to do. That is why lead pipe replacement must remain a priority as we consider updates to the Safe Drinking Water Act. The City of Newark, which I am proud to represent alongside my colleague, Congresswoman Lamontica McIver, has set a powerful example of

1:43:11 – 1:43:59

Well, thank you for that question. It's New York is has turned out to be a real model. New York is has turned out to be a real model. We've been deeply engaged in New York. we've been deeply engaged in New York. and the city um has replaced as you mentioned over uh twenty thousand led service lines in about two and a half years um among the other things that they did they adopted a very important uh ordinance that we have recommended many other cities adopt that makes it easier for them to implement this they've gone and and they've paid for a hundred percent of the led service lines replacement um what we've seen in other cities including here in washington d. c. for a while when the water utility doesn't pay for a hundred percent of the lead service lines a lot of people especially low income people say they can't afford it and therefore the lead service line doesn't get replaced so a hundred percent payment is also key

1:43:59 – 1:44:00

thank you i

1:43:59 – 1:44:02

and they had very important um well

1:44:02 – 1:44:34

thank you i appreciate that and i believe their work demonstrates that every household at every income can and should have access to affordable safe drinking water but we must provide communities with the resources they need to make this principle a reality In twenty twenty four, New Jersey received a hundred and twenty three million dollars for lead pipe replacement under the Infrastructure Investment and Jobs Act. Part of the law's fifteen billion dollar total investment in reducing lead in drinking water. I'm gonna start with you, Mister Olsen, then we're gonna go down this way, just yes or no. Would you agree that communities and utilities still need additional federal resources to continue this important work, yes or no?

1:44:34 – 1:44:35

Absolutely yes.

1:44:35 – 1:44:36

Absolutely yes as well.

1:44:37 – 1:44:37

Absolutely yes.

1:44:38 – 1:44:43

And would you agree that we must maintain a dedicated funding source for lead service line replacement?

1:44:43 – 1:44:45

Yes. Yes. Yes.

1:44:45 – 1:45:08

Thank you. And as we consider where and how these resources are directed, we must remember that children are often exposed to lead while at school or child care. While the EPA has made important progress in protecting students, lead contamination remains a challenge in many districts and a concern for many parents. Mister Olsen, briefly, how can Congress continue to support schools and child child care centers seeking to protect students and reduce lead exposure?

1:45:08 – 1:45:20

We would strongly support a some tweaks in the current program to address schools and uh child care centers for lead um to install filters um that will address the problem

1:45:21 – 1:45:51

i appreciate that and to fully protect the health of children and families and effectively direct federal resources we also need to know how many lead pipes need replacement and achieve an accurate national lead pipe inventory last year the trump administration's epa revised its estimate of the number of lead pipes nationwide lowering it from nine million to four million a reduction with significant implications for the appropriation and allocation of funds to address lead in drinking water mr. olsen do you have concerns that the trump administration underestimated the number of lead service lines in our country yes or no

1:45:52 – 1:45:54

yes we've published an analysis that

1:45:54 – 1:45:57

and just briefly what are the potential health public

1:45:54 – 1:45:55

raises questions

1:45:57 – 1:45:59

health consequences of undercounting that figure

1:46:00 – 1:46:07

well we're concerned that less funding will be made available to locations that really need it as a result of the reduced estimate

1:46:07 – 1:46:42

Thank you so much, and just quickly, Acting Inspector General Murley, um, responding to questions for the record from the last hearing he he appeared at, before Trump illegally fired him. Your predecessor said that long-standing budget and staffing shortfalls quote " significantly constrained our independence, and equated to less oversight of EPA." Yes or no, do you share your predecessor's view that staff losses, such as those OIG experienced last year, erode your office's independence and its ability to conduct oversight of the epa that's just a yes or no question

1:46:43 – 1:46:46

i no um but we're excited to be hiring

1:46:48 – 1:46:56

but if you if you need to hire they need to increase your capacity which means that you currently have an issue and you're not able to do the full job the way it was anticipated and envisioned

1:46:57 – 1:46:58

we can always do more oversight

1:46:59 – 1:47:01

i would agree with that well thank you all so much for being here i yield back

1:47:02 – 1:47:06

gentleman yields the chair now recognizes gentleman from georgia mr carter

1:47:07 – 1:49:00

Thank you, Mister Chairman, and thank all of you for being here. This is a fascinating hearing to me. I'm a former mayor. I was a mayor in another life, and I tell people all the time when I was in pharmacy school, I never imagined I'd know as much about water and sewer as I know after having been a mayor. But you have to know. And I will tell you, most people, they go to the restroom and they turn on the water and it flows and they flush it and it goes away and that's all they know. But when you're mayor and you're on city council, you gotta know where it's coming from and where it's going and how it's being treated. So I appreciate what you do, all of you. Um, we all know that a big concern is cyber security. We all know that a big concern is um, is making sure that we don't have anything go wrong with our water systems, and it will be used as a tool in in future conflicts. We all know that. In two thousand two, Congress mandated that community water systems conduct vulnerability assessments and prepare response plans for their facilities to guard against terrorist attacks or other intentional acts. Congress authorized technical assistance and grants to assist community water systems in twenty eighteen. These actions are essential. They're essential for national security. We all understand that. As um Miss Redshon has said in her testimony from April twenty twenty four through March of twenty twenty five roughly fourteen percent of water utilities reported experiencing at least one cyber security incident. That's an increase, an increase of about eleven and a half percent. during the same period the year before. So we oft we know that this is gonna be a concern. Mister Hill, I wanna ask you, utilities are are cons are increasingly asked to strengthen cyber security while also managing aging infrastructure. Workforce shortages and rising compliance costs. How are small systems prioritized prioritizing um cyber investments rel relative to physical infrastructure needs and what are some of the trade-offs, if there are any?

1:49:02 – 1:49:18

Thank you, Mr. Congressman. Um, our first project that we really focused on with SRF was to address cyber security. Um, we implemented the the SCADA system and that was probably the best thing we did after since then, but uh that was top priority f- for us.

1:49:20 – 1:49:24

Did you i- i- how are you dealing with uh aging infrastructure as a result of that?

1:49:24 – 1:49:43

So, aging infrastructure is a a huge issue. Uh, we're chasing SRF loans up. trying to get as much money as we can to replace that infrastructure, but uh uh the SCADA and the Cyber Security does protect that infrastructure, but we are pursuing and trying to get all the money possible for our rural community.

1:49:44 – 1:49:52

Ms. Ratchin, tell me more about the security risks that um you're seeing with water utilities and how Congress can help utilities improve cyber resilience.

1:49:52 – 1:50:20

Thank you for your question. Um, so I would agree with you that cyber threats are real, um they're growing as water systems increasingly Rely on internet connected operational technologies. It brings us efficiencies, uh, but also new vulnerabilities, and I would say Congress can just continue to support programs, uh, that improve information sharing, provide funding for cyber security upgrades, and help utilities adopt best practices that are scalable, and also tailored to the size of their system.

1:50:20 – 1:50:27

'Kay, thank you. I wanna just, uh, touch briefly on EPA's involvement in water cyber security, because they do have an involvement

1:50:48 – 1:51:54

Um, what uh, thank you for the question, I think the e- the EPA is the sector-specific agency charged with ensuring that water prepared for any hazard, including cyber risk. Um, but the agency does not set mandatory federal cyber security requirements. It does provide technical assistance, guidance, outreach, and education to water systems. Um, and I I turn you to our twenty twenty-four um management implication report on cyber concerns where we identified vulnerabilities across systems serving millions of Americans um were encouraged by the steps the agency has taken to elevate this issue including um the creation of a new office and the announcement of grants. Um from an oversight perspective, we just announced um a project to look at um the IAJ funds for drinking water SRF projects designed to strengthen the water sector's systems against physical and cyber threats and hazards um one difficulty we encountered during this work, during this project is um that uh you cannot identify unless a state has included the relevant information in its intended use plan so I would say that is um an area for improvement.

1:51:55 – 1:52:06

Okay, just out of curiosity real quick, have any of you experienced any cyber security threats in any of your systems or heard of any? Ms. Fretjen?

1:52:06 – 1:52:16

I would say we experience threats daily, um, but I I can't speak to to any other system, so it, yes, we have a very strong uh cyber defense.

1:52:16 – 1:52:18

Okay. Anyone else?

1:52:19 – 1:52:34

I know uh We we're involved with CISA and then you have Water-I-Sec and that's a community that they share a lot of that information back and forth and that is a tool that a lot of water systems are using now across America to to share that information and get ahead

1:52:33 – 1:52:33

Good.

1:52:35 – 1:52:36

and make everyone knowledgeable what's going on.

1:52:37 – 1:52:37

Okay.

1:52:37 – 1:52:38

Gentleman's time is

1:52:37 – 1:52:39

I'm out of time and I yield back. Thank you all.

1:52:40 – 1:52:43

Gentleman's time has expired. The chair recognizes the gentleman from Ohio, Mister Landsman.

1:52:44 – 1:54:11

Uh, thank you, Mister Chair. Thank you all for being here, uh, and the work that you all do, uh, in general, but in, uh, particular around uh keeping water safe and uh I wanna talk first about the EPA's Office of Research and Development. So I I'm I'm I'm from Cincinnati, we have a big you know, EPA office. We have a big office of research and development and this is key for safe drinking water in the sense that people uh municipalities uh from all over the country send uh information our way, our folks test it, determine you know what's in the water, uh how to get there, what what are the interventions, so on and so forth, and it makes a huge difference in helping you know municipalities, folks all over the all over the country clean up their water, uh if there is an issue. And so um there has been some issues with the Office of Research and Development, uh some attacks on those jobs, uh maybe moving them into uh the uh the secretary's office uh so that they would be more political uh all kinds of things are are spinning around and i i just would like to know first mister olsen so that you know those who aren't familiar with the office of research and development, can you talk a little bit about their role in in keeping water safe?

1:54:11 – 1:54:50

well the office of research and development has been critical to studying some of the health effects of some of these contaminants, including PFAS. The Cincinnati lab has been crucial to studying, for example, how lead corrodes pipes and how to address that problem. They've also developed a lot of the test methods that are used for PFAS for other contaminants so they've been absolutely central to protecting our health. And unfortunately, by eliminating um the Office of Research and Development and shifting resources and putting some of those people out of work, um, we're very concerned about the impacts of, of some of the changes at ORD.

1:54:51 – 1:55:18

Yeah, I mean they, they, they're incredible professionals, uh, and, um, you know, if we reduce the number or get rid of ORD, these, these municipalities aren't going to have, uh, this entity that helps them clean up water. So, uh, uh, Miss Murley, do you, Wanna talk a little bit about the EPA's plan here or anything that you might be looking into

1:55:19 – 1:55:19

Um.

1:55:19 – 1:55:24

to ensure the independent, the ongoing work of ORD and its independence.

1:55:25 – 1:56:32

Um, thank you for the question. We as an office are always concerned about scientific integrity and have raised this issue for years it's been in our past management challenges. Um, we are currently staying updated on changes with the agency, not just within scientific integrity but all changes with the agency. Um, but we've not done work related to this specific change. Um, and we have no concerns to share currently, but we um, the OIG, we have a critical role we, in protecting the agency's adherence to scientific integrity. And as an independent office, we receive complaints of mismanagement, misconduct and abuse, or censorship, and censorship, including those related to scientific misconduct or research misconduct. Um, I could point you to past work. We have records um, reports of investigation regarding um, allet allegations of scientific interference in work. Um last summer we issued a report highlighting issues stemming from inadequate oversight in ORD, I can provide that. Um and this year we, one of our top management challenges is um for the agency, that we've identified for the agency is maintaining mission efficiency and effectiveness during organizational change and included in that would be, um changes to the scientific integrity process.

1:56:33 – 1:56:57

It sounds like you're, I'm sorry maybe I misunderstood what you just said, but it sounds like you are less interested in protecting ORD and the research they do to protect clean water and suggesting that there's mismanagement and issues and thus sort of justifying or creating a context for firing people?

1:56:58 – 1:57:10

So the um the records of uh or the reports of investigation were actually protecting uh scientific integrity at the agency that's where those complaints came from so those reports involved um, potential interference and we

1:57:10 – 1:57:11

Do you believe ORD is important?

1:57:12 – 1:57:12

Yes.

1:57:13 – 1:57:15

Do you believe it should, those jobs should be protected?

1:57:19 – 1:57:27

I mean, we meet, um, regularly with the agency scientific, um, integrity program staff and we receive information from them, um, on a monthly basis.

1:57:27 – 1:57:29

Do you believe those jobs are important?

1:57:30 – 1:57:32

I believe in scientific integrity at the agency.

1:57:33 – 1:57:37

So do you believe they s- these jobs in ORD should remain independent?

1:57:39 – 1:57:43

The staffing decisions at the agency is not a question for the Office of Inspector General.

1:57:44 – 1:57:46

Yeah, but the idea of independence is.

1:57:47 – 1:57:48

We take independence very seriously.

1:57:48 – 1:57:49

Good. Thank you. I yield back.

1:57:50 – 1:59:01

Gentlemen, the time has expired, the chair now recognizes myself for questioning. Uh, this is such an important issue, uh, coming from a district in West Texas where water is both scarce, um, and also, um, hampered by over-regulated nature of uh of of bureaucracy at times, and and that's really what I wanna talk about. Um, because access to safe drinking water is obviously non-negotiable, and every community deserves that, but the way we regulate it, the way we fund it, the way we transmit it to our communities uh is critical as well. Um, and I'd argue that most water systems in our country are small, um, and they don't have the compliance departments or the in-house counsel um, that some of the big uh operators do. But when Washington a- Washington adds new mandates, whether it's monitoring requirements, labor rules or procurement standards. Uh, these requirements land on uh rural communities in an outsized uh and negative way. Uh, and that's my community that uh that we're talking about here. Um, and we've gotta understand what this means for rate payers because in those small communities it also impacts the price um that that people are paying for water. Um, Mr. Hill, what do you think is most important element of operating a safe public drinking water supply?

1:59:02 – 1:59:06

Um, the water operator. That is one hundred percent, the most important part.

1:59:06 – 1:59:16

Um, can you kind of walk us through, I think you have twenty-six employees that uh are managing both water and and uh, and wastewater. How do you prioritize when new requirements come online?

1:59:17 – 1:59:38

Uh, we look at the new requirements and, of course, I chair the regulatory commis- uh, committee for national, so I get a little bit of insight there on uh, but it's hard to prepare. We do all we can preparing for these to meet the requirements for regulatory, but it's it's tough for a small system. the finances are not there for these new rules. So

1:59:38 – 1:59:53

So it it sounds good. Some of the the ideas that are that come out of Washington on paper, you know, it's like, oh great, we can support that and and that's gonna keep it safer and and cleaner. But is that really the case sometimes? What do we misunderstand up here?

1:59:53 – 2:00:20

You know, right now we're looking at perchlorate. Uh, UCMR one was two thousand, two thousand and five, and we tested for perchlorate. We had no detects. And will be coming this week for our uh, they're looking at applying that rule, and and that's not EPA, that's that's a court decision. But uh, we've already done this round of testing twenty years ago, and here we are again, going down the same path. It is a burden put back on our water system, again, to do something we've already addressed once in the past.

2:00:22 – 2:00:33

Um, Ms. Murley, uh, thank you for being here. Uh, our small and rural water systems facing unique challenges, uh, in in accessing federal infrastructure funds and if so can you kinda go into detail about that

2:00:34 – 2:01:04

Um I yes I would point you to a a series of works that that we have done on um state capacity to handle the influx of IAJA um both drinking water and clean water we've looked at the state of New Mexico we looked at South Carolina and we looked at the US Virgin Islands I would say that each state um has different demographics and different challenges either human capacity technical capacity organizational challenges um to receive those funds and we've done work and made recommendations to the agency for um improving those areas.

2:01:05 – 2:01:24

I I have ten, fifteen, maybe even twenty communities that are searching for those funds right now. They're looking, you know, to see how they can help because of the issues we just described um that Mister Hill talked about where where where should I uh point them is it that report that you mentioned or are there other uh areas that we can highlight to them?

2:01:25 – 2:01:35

I I would point them to the agency. Um, I think one of my colleagues t- um, testified today about um, uh, an application for technical assistance and I would give it up to the best area to go.

2:01:37 – 2:02:04

Um, thank you for that. Uh, the the scarcity issue in in West Texas, a drought drought prone area, uh, that does not receive a lot of rain is is a real issue. Um, and we rely heavily on groundwater and and, um, you know, the population growth is also tied to that, uh, scarcity. issue as well. Um, but, mister Hill, in in drought prone areas like the one that I serve, what does the long-term water reliability planning look like for a small system?

2:02:05 – 2:02:44

So, we had to have a uh a water conservation plan with the Office of Water Resource in Alabama, and our privacy agency. So, we ran in the droughts in the nineties. Uh, we laid a ten inch um HTP line on top of the ground. We put a pump station in to a larger source and We got ahead of that problem and we ended up putting a pump station on a reservoir, which is larger than our primary reservoir. We ran six miles of twenty-four inch ductile iron pipe. And Russellville, as of today, today I'm I'm here to proudly say we should not be in another drought condition because our board had the the insight and understanding of how important that water was for industry and communities to thrive.

2:02:44 – 2:02:52

Is it easy for you in those long-term planning sessions to uh also comply with federal regulations? Are more regulations better for you?

2:02:53 – 2:02:59

Uh, it is very tough to comply with the regulations cuz uh, when you get one behind you, there's another one coming.

2:03:00 – 2:03:29

Thank you. Um, my time has expired. Uh, I'd like to thank our witnesses for being here today. Members may have additional questions uh in writing for you and I'll remind uh members that they have ten days to submit those additional questions to the record and I ask that the witnesses do your best uh to submit responses within ten business days uh of receipt of those questions. I'd like to ask you name as consent to insert in the record the documents included on the staff hearing documents list. Without objection, so ordered. And without objection, the subcommittee is adjourned.

Morning digest

Start every morning briefed on yesterday’s hearings

A free weekday email covering yesterday’s hearings and transcripts newly unlocked in the archive.

Free weekday email. Unsubscribe anytime.