Congress passed the “Federal Water Pollution Control Act of 1972.” This original legislation linked the federal government with states and cities to clean up the country's waters by funding projects for water supply and wastewater treatment.

The “Clean Water Act of 1987” reauthorized the Federal Water Pollution Control Act but it phased-out the original law's construction grant program by the close of FY 1990. It was replaced by a State Revolving-Loan Fund (SRF) to help finance clean water infrastructure projects. The SRF is a low-interest program by which states fund local wastewater treatment facilities and similar infrastructure. While this program has seen significant success, it is clear that greater investments must be made in order to accommodate the nation's growing population, meet new water quality standards and repair and upgrade aging facilities.

Estimates for future clean water infrastructure needs range anywhere from $300 billion to $1 trillion over the next 20 years.

Status:

ABC supports the reauthorization of the Clean Water Act and the SRF, which allows states and municipalities to build water treatment plants and other necessary infrastructure that help protect the health and well being of citizens.  However, ABC is concerned about attempts to expand Davis-Bacon to Clean Water State Revolving Funds (CWSRFs).  Prior to 1995, Davis-Bacon only applied to federal capitalization grants to CWSRFs; Davis-Bacon sunset in 1995 and has not applied to the program since that date. 

As in previous Congresses, ABC is opposed to efforts in the 111^th Congress to expand Davis-Bacon not only to the original federal seed money, but to the subsequent rounds of state funds as well. In the 110^th Congress, ABC opposed final passage of the Water Quality Financing Act of 2007, H.R. 720 since the legislation took the unprecedented step of expanding Davis-Bacon Act to non-federal funds. We believe this constitutes an unprecedented expansion of federal Davis-Bacon requirements to state funds, and ABC is adamantly opposed to such an application. 

During the 110^th Congress the Clean Water Restoration Act of 2007, H.R. 2421 was introduced by Representative Oberstar (D-MN). In June of 2007 the corresponding Senate bill, S. 1870 was introduced by Senator Feingold (D-WI).  Both bills aim to significantly broaden the Clean Water Act. As drafted, the legislation could require that water, which has collected in tire tracks, be covered by the Clean Water Act, thus placing the water under Federal jurisdiction. ABC sent letters to the Senate and House of Representatives opposing both pieces of legislation. Although both bills saw committee hearings in their respective chambers, neither bill saw floor action. ABC fully believes both bills will be reintroduced in the 111^th Congress.

In March 2009, the Water Quality Investment Act of 2009, H.R. 1262, was introduced by Representative Oberstar (D-MN). The bill greatly expanded the flawed Davis-Bacon Act into areas of the law where it had not been applied before. ABC supported an amendment by Representative Connie Mack (R-FL) that would remove the costly Davis-Bacon provisions from the bill. Unfortunately the amendment failed and the bill was passed.

ABC will continue working with the 111^th Congress and the Obama Administration to ensure that our nation’s water and wastewater infrastructure needs are met. ABC believes the most cost effective, fiscally responsible way to achieve this goal is to pass clean water legislation that does not include any expansion of the Davis-Bacon Act.

Read ABC's position on Clean Water Act