FIRE SMART Act of 2026
- Sponsor
- Sen. Padilla, Alex [D-CA]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Jun 17, 2026
Bottom line
The FIRE SMART Act directs the EPA to modify existing regulations, enabling Drinking Water State Revolving Funds to be used more broadly for critical fire suppression infrastructure in wildfire-prone rural and exurban communities.
What it actually does
This bill mandates the Administrator of the Environmental Protection Agency (EPA) to revise regulations for the Drinking Water State Revolving Fund (DWSRF) within two years. These revisions will expand the eligibility of projects to include water infrastructure for fire suppression, specifically targeting rural areas and communities identified as high risk from fire or wildfire. The bill also prioritizes projects that offer both drinking water and fire suppression benefits, especially for communities with established wildfire protection plans, and requires immediate implementation of these new criteria.
Proponents argue
Proponents argue that this bill addresses a critical and growing need by leveraging an existing, effective funding mechanism—the DWSRF—to enhance fire suppression capabilities in vulnerable rural and exurban communities. They highlight the dual benefit of projects that improve both drinking water safety and wildfire protection, thereby safeguarding public health, safety, and property. The bill also encourages proactive community planning by prioritizing those with established wildfire protection plans.
Opponents contend
Opponents might express concerns that expanding the scope of the Drinking Water State Revolving Fund to include fire suppression could dilute its primary mission of ensuring safe drinking water. They could argue that this expansion might divert funds from essential drinking water projects in communities with pressing water quality needs that are not fire-related, especially if the overall capacity of the fund is not proportionally increased to meet the broader demand.
The bill is concise and its provisions are clearly articulated, making it accessible for a quick yet informed read by interested stakeholders.
Section 2(a)(1)
Redefinition of Key Terms for DWSRF Eligibility
This provision requires the EPA to update its regulations by defining 'community at high risk from fire or wildfire' based on state or federal wildfire maps, and by adopting existing definitions for 'rural' and 'rural area.' Crucially, it defines 'water infrastructure for fire suppression' as improvements to public water systems that aid in wildfire suppression for public health, safety, and property protection, while also facilitating compliance with the Safe Drinking Water Act. These definitions are foundational for expanding DWSRF eligibility.
Supporters argue
Supporters argue that these precise definitions are essential to clearly delineate eligible projects and communities, ensuring that the DWSRF can effectively support fire suppression efforts where they are most needed, without ambiguity or misinterpretation of the fund's expanded purpose.
Critics contend
No specific opposition is typically raised against definitional clarity itself, though some might argue that the scope of 'water infrastructure for fire suppression' could be either too broad or too narrow, depending on their specific priorities for water resource allocation.
Tradeoffs
This provision balances the need for clear, actionable definitions with the flexibility required to address the diverse and evolving nature of local fire risks and water infrastructure needs.
Section 2(a)(2)
Expansion of Eligible Projects and Prioritization for DWSRF
This section revises EPA regulations to explicitly include projects that enhance water system delivery and distribution capacity, and water infrastructure for fire suppression in rural, high-risk communities, as eligible for DWSRF funding. It also extends this eligibility to consolidation projects. Furthermore, it establishes a new priority criterion, giving preference to projects that offer both drinking water and fire suppression benefits, particularly for communities that have adopted a community wildfire protection plan or have taken proactive measures to reduce fire risk on private property.
Section 2(a)(3)
Integration of Dual-Benefit Projects into State Priority Systems
This provision mandates the EPA to revise its regulations to explicitly allow State Drinking Water Revolving Fund priority systems to include projects that improve both drinking water infrastructure and water infrastructure for fire suppression in rural, high-risk communities. This ensures that states have the formal regulatory backing to recognize, evaluate, and prioritize these dual-purpose projects within their existing funding allocation frameworks.
Section 2(b)
Immediate Implementation of Regulatory Revisions
This provision mandates that, notwithstanding the two-year period given for formal regulatory revision, the EPA Administrator shall implement sections 35.3505, 35.3520, and 35.3555 of title 40, Code of Federal Regulations, in accordance with the required revisions immediately upon the date of enactment of this Act. This means the new definitions, expanded eligibility criteria, and prioritization for DWSRF funding for fire suppression projects would take effect without waiting for the full regulatory rulemaking process to conclude.