Support for Water Infrastructure Policy Priorities in Congress

Dear Chairs Capito, Guthrie, Graves, and Westerman, and Ranking Members Whitehouse, Pallone, Larsen, and Huffman:

Water infrastructure is a critical component of our nation's long-term economic growth, public health, and environmental progress. We commend your leadership in addressing these pressing issues, and respectfully offer the following recommendations for consideration:

Modernize Permitting. Enacting comprehensive, bipartisan permitting reform to improve the efficiency, transparency, and predictability of the permitting process would provide certainty for both communities and business investments. Modernization is needed for the National Environmental Policy Act, Waters of the U.S., Sections 401 and 404 of the Clean Water Act, Nationwide Permits, and other general permitting programs to support investments in critical water infrastructure. The Promoting Efficient Review for Modern Infrastructure Today Act (PERMIT Act) passed by the House offers a solid start.

Meaningful Funding. Sufficient funding is needed for the state revolving funds, the Water Infrastructure Finance and Innovation Act, and related programs at the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. We support the Drought Relief Obtained Using Government Help Today Act of 2026, which calls for the increase in WIFIA's federal share from 80 percent to 90 percent for underserved communities experiencing water scarcity. Congress should also reauthorize the Drinking Water and Wastewater Infrastructure Act (DWIA), especially considering unspent funding and incentives for preconstruction planning and development.

Water Subcabinet. Support implementation of the water subcabinet, as authorized under the Flood Level Observation, Operations, and Decision Support Act (FLOODS) to facilitate interagency coordination. We request that Congress encourage the water subcabinet to continue to engage with the private sector and consider an integrated approach to decentralized water and wastewater management.

Safe Harbor and Liability Protection. Provide safe harbor and liability protections for public and private water operators who engage with distressed systems, including both drinking water and wastewater facilities. These protections are essential to encourage partnerships, regionalization, and investments in improving water infrastructure without undue legal risks.

Private Access to the Clean Water State Revolving Fund (CW SRF). Expanding private sector eligibility for the CW SRF would unlock new opportunities for public-private partnerships, drive innovation, and accelerate the implementation of critical water infrastructure projects. This alignment with the drinking water SRF would ensure equitable access, maximize the program's potential, and is consistent with the provisions of the Clean Water SRF Parity Act.

Clarification that Blending Meets Water Quality Standards. Better defining and enabling the use of blending as a practical and effective tool for wastewater treatment can help facilities manage peak flows and maintain compliance with otherwise untenable and unduly low water quality standards.

Clarification of the MCL Process. Clarifying and supporting the clear four-step process and timeline for Maximum Contaminant Level (MCL) determinations under the Safe Drinking Water Act (SDWA) is critical to ensure consistent and robust consideration of data supporting specific treatment options. Additionally, we recommend amending the SDWA to ensure that new data relevant to occurrence or exposure for specific contaminants can be considered by EPA after an Agency determination to regulate those contaminants, notwithstanding any otherwise applicable anti-backsliding provisions in the statute. Such an amendment would avoid the problem that arose for perchlorate, when the Agency was prevented from considering new data concerning low occurrence and low risks in drinking water systems.

Water Sector Workforce Development. Addressing workforce challenges in the water sector is vital to ensuring the long-term sustainability and resilience of our water infrastructure. We encourage Congress to prioritize workforce development initiatives, including training programs, certifications, and partnerships, to attract and retain skilled professionals as the aging of this highly technical field continues.

Industrial Water Reuse. Prioritize industrial water reuse in the Agency's actions on the Water Reuse Action Plan (WRAP) 2.0 and support the creation of an industrial water reuse tax credit, as stated in the Advancing Water Reuse Act. These measures would incentivize businesses to adopt sustainable water practices, reduce demand on freshwater resources, and enhance resilience.

Produced Water Solutions. Addressing produced water challenges is essential for sustainable water management in meeting the Administration's energy dominance objectives. We are happy to convene stakeholders to explore innovative solutions and collaborative approaches.

Innovation and Digital Solutions. Authorize and fund water technology innovation, starting with the DWIA technology grant programs. Congress should consider continuing to fund lead line mapping and replacement, foster research and development for PFAS monitoring, treatment, disposal, and destruction technologies, and increase access to digital and artificial intelligence solutions (e.g., for PFAS compliance monitoring).

Small Communities. Provide additional tools for small, rural communities, and households for technical assistance, access to technologies and data. Examples of legislation that provide such tools include the Clean Water SRF Parity Act, Healthy H2O Act, the Wastewater Infrastructure Pollution Prevention and Environmental Safety Act, and water affordability solutions. Include language from the Futureproofing Local Operations for Water Systems Act to provide grant funding for underserved rural systems to address cyber and other digital solutions.

Border Water Infrastructure Program. Address water scarcity, especially in the American west and along the U.S.-Mexico border where water quality and quantity are significant challenges, including support for the Border Water Infrastructure Program. Linking solutions, such as water reuse and recycling, can help address scarcity.

Exports. Facilitate and increase exports of U.S. water technologies, products, and services. Providing incentives to promote U.S. water technology exports will help domestic firms scale, create jobs, and compete internationally. At the same time, it will extend the benefits of advanced American treatment and management solutions to countries facing growing water challenges.

The U.S. Chamber stands ready to assist you as the issues proceed.

Sincerely,

Chuck Chaitovitz
Vice President, Environmental Affairs and Sustainability
U.S. Chamber of Commerce