Protect Clean Water Act
- Sponsor
- Rep. Gillen, Laura [D-NY-4]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Oct 22, 2026
Bottom line
The bill provides $10 billion over five years to states to address emerging contaminants like PFAS in drinking water and wastewater systems, prioritizing small and disadvantaged communities.
What it actually does
This bill amends the Safe Drinking Water Act and the Federal Water Pollution Control Act to significantly increase and establish dedicated funding for the remediation of emerging contaminants, with a specific focus on perfluoroalkyl and polyfluoroalkyl substances (PFAS). It authorizes $1 billion annually for each act's State Revolving Fund program for fiscal years 2027 through 2031, totaling $10 billion over five years, and includes provisions to direct funds to small and disadvantaged communities.
Proponents argue
Supporters argue this bill is crucial for protecting public health and the environment by providing much-needed federal resources to states and local communities to combat dangerous emerging contaminants like PFAS. They emphasize the importance of targeting funds towards small and disadvantaged communities that often lack the financial and technical capacity to address these complex issues independently, ensuring equitable access to clean water.
Opponents contend
Potential opponents might raise concerns about the scale of the authorized appropriations, questioning the federal government's role in funding such extensive remediation efforts or suggesting that the funding mechanism could be inefficient. Some fiscal conservatives might argue for alternative funding sources or a reevaluation of federal spending priorities, although direct opposition to clean water funding is uncommon.
The bill is very concise and clearly structured, allowing for a quick and thorough understanding of its provisions within a short timeframe.
Section 1
Short Title - Protect Clean Water Act
This section establishes the official short title of the bill as the "Protect Clean Water Act." This provides a common and easily recognizable name for the legislation, facilitating public discussion and legislative tracking.
Supporters argue
Supporters would argue that a clear and concise short title helps communicate the bill's purpose and facilitates public understanding and legislative tracking.
Critics contend
No specific opposition is typically raised against short titles unless they are perceived as misleading or overly partisan.
Tradeoffs
None apparent for the short title itself.
Section 2(a)
Increased Funding for Safe Drinking Water Act Emerging Contaminants Program
This provision amends the Safe Drinking Water Act to significantly increase the authorized appropriation for the Emerging Contaminants State Revolving Fund (SRF) program. It changes the funding from $100,000,000 for fiscal years 2020-2024 to $1,000,000,000 for each of fiscal years 2027 through 2031. This provides a substantial boost in federal support for states to address emerging contaminants, such as PFAS, in public drinking water systems.
Section 2(b)
New Federal Water Pollution Control Act Program for Emerging Contaminants
This section adds a new Section 610 to Title VI of the Federal Water Pollution Control Act (Clean Water Act), establishing a dedicated program within the Clean Water State Revolving Fund (CWSRF) specifically for addressing emerging contaminants. The program focuses on perfluoroalkyl and polyfluoroalkyl substances (PFAS) and authorizes $1,000,000,000 for each of fiscal years 2027 through 2031. This creates a new, significant funding stream for states to address these contaminants in wastewater and other water pollution contexts.
Section 2(b), new Section 610(b)
Targeting CWSRF Emerging Contaminants Funds to Small and Disadvantaged Communities
This provision mandates that at least 25 percent of the funds allocated for emerging contaminants under the new Clean Water State Revolving Fund (CWSRF) program must be used to provide grants to small and disadvantaged communities. Specifically, it targets entities eligible for additional subsidization under Section 603(i)(1)(A) or those owning or operating treatment works serving fewer than 25,000 persons. It also requires states to prioritize projects consistent with their existing priority determination processes.
Section 2(b), new Section 610(c)
Prohibition on Using Funds as Security for Tax-Exempt Bonds
This provision stipulates that the funds deposited into a State's water pollution control revolving fund for emerging contaminants may not be used as a source of payment or security for any obligation where the interest is exempt from federal income tax. This prevents states from leveraging these federal grants to issue tax-exempt bonds, ensuring the funds are used directly for grants rather than as collateral for other financing mechanisms.
This provision prohibits the use of the new emerging contaminants funds in the Clean Water State Revolving Fund (CWSRF) as security or payment for obligations whose interest is tax-exempt under federal law.
Section 2(b), new Section 610(c) of the Federal Water Pollution Control Act
Why it matters:This is standard legislative practice for financial provisions to ensure specific accounting and tax treatments of federal funds. It is not necessarily evasive but requires specific expertise to understand its implications for state financing strategies.
Case for: Ensures federal funds are used directly for grants and remediation, preventing their indirect use to subsidize state or local borrowing through tax-exempt bonds, thus maximizing direct impact on water quality projects.
Case against: Limits states' financial flexibility to leverage federal funds with other capital sources, potentially hindering the scale or speed of project implementation by restricting access to broader financing markets.
Estimated impact: Prevents up to $5 billion in federal funds (over five years for the CWSRF program) from being used to back tax-exempt bonds, potentially affecting the total amount of capital states can raise for these projects.