On March 12, 2009, The U.S. House of Representatives passed HR. 1262, the Water Quality Investment Act of 2009. This bill authorizes $19.4 billion over five years for wastewater infrastructure projects, including $13.8 billion for the Clean Water State Revolving Loan Fund (SRF) and $2.5 billion for the sewer overflow control grants program. On May 14, 2009, the Senate Environment and Public Works Committee passed companion legislation in S.1005, the Water Infrastructure Financing Act of 2009. S. 1005 authorizes $38.9 billion for EPA water infrastructure programs over the next five years, and includes $20 billion for the Clean Water State Revolving Fund Program, $15 billion for the Drinking Water State Revolving Fund Program and $1.85 billion for Sewer Overflow Grants.
New policy in both bills includes language applying Brooks Act qualifications based selection (QBS) for preconstruction design and engineering services with an exemption in S. 1005 for communities of 10,000 persons or less. Both bills also include Davis- Bacon prevailing wage requirements. Key differences between the bills beyond funding levels include changes the current State allocation formula for in the Clean Water SRF in the S. 1005. Largely due to AGC and WIN Coalition lobbying efforts, S. 1005 does not include Buy American provisions included in HR. 1262 which are identical to requirements in the American Recovery and Reinvestment Act.
Senate EPW staff has indicated that the Senate may consider of S. 1005 for a vote before the August recess and it is crucial that AGC members write their Senators and urge them to bring this bill up for a vote in the Senate. Click here to visit the AGC Legislative Action Center and write your Senator.
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