89–010 ★ (Star Print) 

Calendar No. 125 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–63 

TO PERMIT STATES TO TRANSFER CERTAIN FUNDS FROM THE CLEAN 

WATER REVOLVING FUND OF A STATE TO THE DRINKING WATER REVOLVING FUND OF THE STATE IN CERTAIN CIRCUMSTANCES, AND FOR 

OTHER PURPOSES 

JULY 23, 2019.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1689] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 1689) to permit States to transfer certain funds 

from the clean water revolving fund of a State to the drinking 

water revolving fund of the State in certain circumstances, and for 

other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Lead is a toxic chemical that causes serious health problems. Excessive and harmful levels of lead have been found in water systems across all fifty states. Those water systems serve drinking 

water to millions of people in the United States. States have access 

to both clean water state revolving funds (CWSRF) and drinking 

water state revolving funds (DWSRF). Not all states have sufficient 

funds in their DWSRF to address the threat to public health from 

heightened exposure to lead in drinking water. However, some 

states have available funds in their CWSRF that could be used to 

provide additional resources to help address lead in drinking water. 

Currently states have the ability to transfer up to 33 percent of 

the annual capitalization grants they are awarded from one state 

revolving fund to the other, if the state decides to do so, in consultation with the Administrator of the Environmental Protection 

Agency (EPA). However, some states have already transferred the 

maximum allowable amount from their annual CWSRF grants to 

the DWSRF, but have additional available funds in their CWSRF 

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that could be used immediately to address a threat to public health 

from lead in drinking water. This bill allows a state to transfer an 

additional 5 percent of its CWSRF’s total cumulative dollars to its 

DWSRF in order to address a threat to public health caused by elevated exposure to lead in drinking water. This decision is up to the 

states’ discretion; it is not mandatory. This authority expires one 

year after enactment. 

OBJECTIVES OF THE LEGISLATION

The objective of this bill is to permit a state to transfer additional funds from its CWSRF to its DWSRF in order to address the 

threat to public health from heightened exposure to lead in drinking water. 

SECTION-BY-SECTION ANALYSIS

Section 1. Transfer authority 

Establishes congressional findings that lead is a toxic chemical 

which is harmful to human health and specifically to young children; that some states do not have sufficient funds to cover the 

costs of lead abatement; and that some states have funds remaining in their CWSRFs that could be used to assist in addressing 

lead in drinking water. 

Authorizes any state, in consultation with the EPA, to transfer 

an additional 5 percent of the total cumulative dollars of its 

CWSRF to its DWSRF in order to address the threat of lead in 

drinking water. Funds may be used in the form of a grant, forgiveness of principal, negative interest, loan, or a combination of these 

mechanisms. Limits the authorization to one year. 

LEGISLATIVE HISTORY

On May 23, 2019, Senator Booker introduced S. 1689, a bill to 

permit states to transfer certain funds from the clean water revolving fund of a state to the drinking water revolving fund of the state 

in certain circumstances, and for other purposes, also known as the 

Water Infrastructure Funding Transfer Bill. The bill was referred 

to the Committee on Environment and Public Works. The EPW 

Committee reported S. 1689 by voice vote on June 19, 2019. 

HEARINGS

No hearing was held on S. 1689. 

ROLLCALL VOTES

On June 19, 2019, the Committee on Environment and Public 

Works met to consider S. 1689. The bill was ordered favorably reported without amendment by voice vote. No roll call votes were 

taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 1689 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

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MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office found that S. 1689 contains no intergovernmental or 

private-sector mandates. 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 28, 2019. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1689, a bill to permit States 

to transfer certain funds from the clean water revolving fund of a 

State to the drinking water revolving fund of the State in certain 

circumstances, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

PHILLIP L. SWAGEL. 

Enclosure. 

Under current law, the Environmental Protection Agency (EPA) 

provides capitalization grants under the Clean Water State Revolving Loan Fund (CWSRF) and Drinking Water State Revolving 

Loan Fund (DWSRF) programs to the CWSRFs and DWSRFs operated by states. Those grant funds, along with states own funds, are 

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used to provide loans and other assistance to water infrastructure 

projects. States are currently authorized to transfer up to 33 percent of the capitalization grants they are awarded from one fund 

to the other. S. 1689 would authorize states, in consultation with 

EPA, to transfer up to 5 percent more of the federal grant funds 

in their CWSRF to their DWSRF for projects to address public 

health threats related to lead exposure in drinking water. That authority would expire one year after enactment. 

Using information from EPA, CBO estimates that implementing 

S. 1689 would require the agency to update program guidance and 

would cost less than $500,000 over the 2019–2024 period. Implementing the bill also would have a negligible net effect on EPA’s 

spending on capitalization grants as any decreases in spending on 

CWSRF grants would have a corresponding increase in spending on 

DWSRF grants. Any spending would be subject to the availability 

of appropriated funds. 

The CBO staff contact for this estimate is Stephen Rabent. The 

estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW

Section 12 of rule XXVI of the Standing Rules of the Senate requires the committee to publish changes in existing law made by 

the bill as reported. Passage of this bill will make no changes to 

existing law. 

Æ 

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