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On Wednesday, Sen. Dianne Feinstein (D-CA) introduced S. 2533 , an updated California Drought Relief Act which she had been circulating in recent weeks in draft form. Compared to the draft bill, the introduced S. 2533 identified additional water recycling and desalination projects and makes other language changes. The new bill could revive drought legislation negotiations on Capitol Hill after bipartisan negotiations between the Senate and House on a similar bill came to an acrimonious end in December. The legislation references the results of a water recycling project survey carried out by NACWA, the WateReuse Association, the California Association of Sanitation Agencies (CASA), and other groups.

Summary of Legislation

While this new bill focuses on the California drought, similar to the bill Sen. Feinstein introduced earlier this Congress (S.1894), it includes provisions addressing long-term water supply— including storage, desalination, and recycling—that would support significant investments in water infrastructure and could provide new funding to western states beyond California.

In the new bill, programs and funding of interest to NACWA members appear similar as under Sen. Feinstein’s S. 1894, while some legislative language has been updated. Long-term provisions which would have impacts within and beyond California include:

• An authorization of $200m for the Bureau of Reclamation’s water recycling and reuse program (Title XVI) which applies to all western states, while eliminating the congressional authorization hurdle that has prevented new projects from advancing under Title XVI.
• An authorization of $200m for a loan and loan guarantee program, the Reclamation Infrastructure Finance & Innovation Act (RIFIA). This program, like WIFIA for water, is modeled after TIFIA for transportation projects. RIFIA will help local entities fund long-term solutions to storing and providing clean water.
• An increase in the authorization to $500m for the Bureau of Reclamation’s WaterSMART program, which helps rural and disadvantaged communities that are running out of water. Grants can be used for either short-term emergency solutions or long-term solutions including water storage and conveyance facilities, integrated regional water management, reclamation and recycling projects, and groundwater recharge. 
• An authorization of $600m for water storage projects in western states. Funds can be used on both federal and non-federal projects.

The bill proposes that the cost of the legislation would be offset in part by the deauthorization of certain inactive Army Corps of Engineers projects that have not received funding in the past five years. A formal deauthorization process allowing public and Congressional input is required.

Proposal References Recycled Water Survey

Of note, Sec. 121 of the new bill references NACWA in the bill text and summarizes the results of the Recycled Water Projects National Survey . This survey was conducted in 2013 as a collaborative effort between NACWA, the Water Reuse Association, the Western Recycled Water Coalition, the Association of California Water Agencies, and the California Association of Sanitation Agencies. Within the section providing federal support for water recycling and water desalination (through WaterSMART, Title XVI, or RIFIA), the legislation notes that the survey and the California Water Plan identified 137 water recycling and desalination projects across the U.S. capable of producing a combined 1.41m acre-feet of new municipal water supplies. The bill also includes a list of 110 potential local project sponsors for water recycling which could produce more than 850,000 acre-feet of water. In conducting competitive review of proposals for assistance, the Secretary of the Interior must review (among other proposals) any projects submitted by the 110 identified local project sponsors. Sen. Feinstein’s press release on the legislation also references the survey and NACWA’s role.

Anticipated Legislative Path Forward

To pass, drought legislation will need to reach a compromise that can earn the support of key Democrats as well as Republicans. As drought legislation advances in the Senate, Committee on Energy and Natural Resources Chair Murkowski (R-AK), Ranking Member Cantwell (D-WA), and others will continue advocating their priorities for their respective states, and a final bill may focus on western states more comprehensively. Meanwhile, House Republicans have their own drought legislation from earlier in the 114th Congress, and the House delegation from California including Reps. Valadao and McCarthy are pushing for action. If the Senate can pass its own drought bill, any final legislation must go through a process to iron out differences between the Senate and House versions.

Sen. Feinstein requested statements of support for the legislative proposal. NACWA submitted a letter  in support of the provisions that could benefit NACWA members. NACWA is also signing onto a coalition letter with other organizations that participated in the Recycled Water Survey. That letter is more focused on California opportunities, and follows a coalition letter NACWA signed onto last year.

While the chance of full congressional passage of drought legislation is still uncertain, NACWA recognizes the importance of this issue to many members across the country. The Association will continue to be actively engaged in congressional discussions moving forward to ensure the municipal clean water utility perspective is represented. NACWA will keep the membership updated on developments, and members with additional questions can contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .