The Recent Elections and Water Policy

Abstract

After two years of divided government, Republicans have taken control of the White House, US House of Representatives, and the US Senate after winning majorities in last November's elections. While it may take time to fully unpack the implications, the results will quickly scramble personnel and priorities in Washington.

Just days after his election, President-Elect Trump nominated former Rep. Lee Zeldin of New York (R.-N.Y.) to serve as administrator of the US Environmental Protection Agency (EPA). He made clear after his nomination that his priority will be deregulation, and Biden-era climate rules likely top his list.

His plans for water policy are less clear. While in Congress, Zeldin voted in favor of the PFAS (per- and polyfluoroalkyl substances) Action Act, which would have directed EPA to finalize a drinking water standard and a hazardous substance designation for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctanesulfonic acid). He also voted against the Infrastructure Investment and Jobs Act (IIJA), which provided $55 billion for water infrastructure. His views as a representative of Long Island could translate to his job at EPA and influence the regulatory environment.

Meanwhile, the 119th Congress will get off to a fast start. With majorities in both the House and the Senate, Republicans will move quickly to extend expiring tax cuts through a process called budget reconciliation, which allows for expedited consideration of budget-related items. Budget reconciliation is a handy tool for parties with unified control because it allows the Senate to bypass the filibuster. AWWA is evaluating potential water-related tax provisions that may make sense for inclusion in that package.

Congress will also look to use the Congressional Review Act (CRA), a law that allows Congress to disapprove of certain recently finalized federal regulations, effectively overturning the regulation and barring the agency from promulgating a substantially similar one in the future, absent explicit direction from Congress. However, only “major” rules, or those expected to cost more than $100 million, submitted to Congress within the last 60 congressional working days are eligible. While the Biden administration's major PFAS rules were submitted in advance of that deadline, the Lead and Copper Rule Improvements (LCRI) could become a CRA target.

The 119th Congress also brings changes to leadership on committees with jurisdiction over EPA and drinking water policy. In the Senate, Sen. Shelley Moore Capito (R-W.V.) will move from ranking member to chair of the Committee on Environment and Public Works (EPW). In the House, retiring Rep. Cathy McMorris Rodgers (R-Wash.) will be replaced by Rep. Brett Guthrie (R-Ky.) as chair of the Committee on Energy and Commerce (E&C).

Capito's elevation to chair brings renewed opportunity for AWWA's priorities related to PFAS. In remarks late last year, she stated that tackling liability protections for passive receivers of PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) will be a top priority for the committee. AWWA has been a strong advocate for these protections, which would prevent polluters from passing CERCLA cleanup costs on to water systems and their ratepayers. E&C Republicans have so far not prioritized PFAS, but an active EPW may put pressure on the House to act as well.

While some of AWWA's priorities may see renewed opportunity, others will face new hurdles. An expected emphasis on deficit reduction and cost-cutting means water infrastructure is unlikely to see another major funding boost in the near term. House Republicans have recently proposed drastic reductions to the state revolving loan funds (SRFs) and may have new leverage over the Senate if the White House presses for cuts. Similarly, AWWA's push for a permanent low-income water customer assistance program will face headwinds in the new Congress. Without an existing authorization and appropriation, the program would require Congress to spend more when it will be looking to spend less.

However, AWWA will continue to advocate for robust funding for the SRFs and a permanent low-income water assistance program, particularly as the PFAS National Primary Drinking Water Regulation and LCRI add significant costs for water systems around the country. It's also important to note that IIJA funds will continue to flow through September 2026 unless they’re rescinded by Congress.

Every election, no matter the result, brings new challenges and opportunities. AWWA stands ready to ensure that our members have a voice and a seat at the table in this new administration and Congress.