119th Congress Gets Underway with Plans for Spending, Tax Policy, and Confirmation Hearings
Date: January 12, 2025
On January 3, new and returning Members of Congress descended on Washington DC to begin the 119th Congress. The first...
Date: January 12, 2025
On January 3, new and returning Members of Congress descended on Washington DC to begin the 119th Congress. The first order of business for the House of Representatives was to elect a Speaker. Speaker Mike Johnson (R-LA) was reelected to the position by a party-line vote of 218–215. House Democrats and both parties in the Senate elected their leaders prior to the holidays.
The following post outlines upcoming congressional activities, including key actions related to the federal budget, tax policy, annual appropriations, and confirmation hearings for President-Elect Trump’s Cabinet nominations. In addition to reading below, you can learn more about these topics by joining our upcoming 2025 Water Reuse Policy Outlook Webcast at 2:00 PM Eastern Time on January 16. Register here.
Looking Forward to Reconciliation and Appropriations
Since returning from the holidays, the House, Senate, and incoming Administration have been hard at work mapping out a legislative strategy for the coming months. Heading into Spring 2025, Congress faces a complex fiscal policy landscape involving the need to renew or extend discretionary spending by March 14, the expiration of the debt limit suspension in the late spring (the U.S. Treasury will begin using “extraordinary measures” this month to prevent a default), and the expiration of the Tax Cuts and Jobs Act of 2017 at the end of the year.
Annual Appropriations
WateReuse has been working to shape FY 2025 appropriations legislation since early last year. Congress passed a series of funding extensions beginning in September 2024 and must pass either another extension or a full funding package by March 14. We will continue to advocate for robust funding for key water recycling programs such as the Title XVI Water Reuse Grants Program, Pilot Program for Alternative Water Source Grants, State Revolving Fund Programs, and Water Infrastructure Finance and Innovation Act Program. To complicate matters further, the FY 2026 appropriations cycle will begin next month when congressional offices begin to collect appropriations requests from stakeholders and constituents.
Budget Reconciliation
In addition to passing appropriations legislation, Congress must also chart a path for suspending the debt limit and passing a major tax policy package. For the past year, WateReuse has been advocating for a federal investment tax credit to support the use of recycled water by manufacturers, data centers, and other industrial operators. As Congress’ plan for tax policy becomes clearer in the weeks ahead, we will work closely with the House Ways and Means Committee, Senate Finance Committee, and congressional champions to secure the tax credit as part of this year’s larger tax policy package.
In recent days, the debate on Capitol Hill and between the White House and Congress has revolved around whether to use one or multiple budget reconciliation vehicles to address the debt limit, pass a tax package, and advance other policy priorities. As a reminder, budget reconciliation is a process by which Congress can pass legislation with a simple majority vote, rather than needing to reach a 60-vote threshold in the Senate. The House and Senate Budget Committees issue reconciliation “instructions” to authorizing committees (e.g. the Senate Environment and Public Works Committee, the House Ways & Means Committee, etc.), which then write individual bills to meet the spending targets delineated by the Budget Committees. While the Budget Committees set those targets, decisions regarding how to reach the targets are left to the authorizing committees. The individual bills are then delivered back to the Budget Committees before being combined into a single reconciliation package.
We anticipate that Congress will pass a budget resolution sometime in the late winter or early Spring to initiate the first budget reconciliation process. The first set of reconciliation instructions may address tax policy as well as the debt limit, given the need to address the latter by late Spring and Republican leadership’s desire to pass a tax package in the same timeframe. Alternatively, Congress may choose to address the debt limit in a bipartisan way, passing a suspension through normal order. Doing so, however, would require the Majority to forego making significant spending cuts, which it typically attempts to do when suspending the debt limit.
House and Senate Committee Assignments
In addition to electing party leaders and swearing in newly elected Members of Congress, congressional leadership announced a series of new appointments to key House and Senate committees.
Senate Environment and Public Works Committee and House Transportation & Infrastructure Committee
Senators John Curtis (R-UT), Jerry Moran (R-KS), Adam Schiff (D-CA), Angela Alsobrooks (D-MD), and Lisa Blunt Rochester (D-DE) were all appointed to the Senate Environment and Public Works Committee, which has jurisdiction over the Clean Water Act, Safe Drinking Water Act, and U.S. Environmental Protection Agency.
Leaders have yet to announce appointments to the House Transportation and Infrastructure Committee’s Water Subcommittee. Importantly, former Ranking Member Grace Napolitano (D-CA) retired from Congress at the end of the 118th Congress.
Senate Finance Committee and House Ways & Means Committee
Incumbent senators Roger Marshall (R-KS), Bernie Sanders (I-VT), Tina Smith (D-MN), Ben Ray Lujan (D-NM), Raphael Warnock (D-GA), and Peter Welch (D-VT) will join the Senate Finance Committee, which has jurisdiction over tax policy and will work to craft this year’s tax policy package.
Representatives Aaron Bean (R-FL), Max Miller (R-OH), Nathaniel Moran (R-TX), Rudy Yakym (R-IN), Brendan Boyle (D-PA), Stacey Plaskett (D-VI), and Tom Suozzi (D-NY) will join the House Ways and Means Committee.
Senate and House Natural Resource Committees
Freshman senators Ruben Gallego (D-AZ), Jim Justice (R-WV) and Dave McCormack (R-PA) will join the Senate Energy and Natural Resources Committee, which has jurisdiction over the Bureau of Reclamation. As we previously reported, Senator Mike Lee (R-UT) will take over as Chair of the Committee, as Senator John Barrasso (R-WY) moves into a more senior leadership position within the party. Senator Martin Heinrich (D-NM) will take over the Ranking Member position from recently retired Senator Joe Manchin (D-WV).
Congresswoman Harriet Hageman (R-WY) will take over as Chair of the House’s Natural Resources Committee’s Subcommittee on Water, Wildlife, and Fisheries, which has jurisdiction of the Bureau of Reclamation. Republican Cliff Bentz of Oregon chaired the Subcommittee in the 118th Congress. Former Subcommittee Ranking Member Jared Huffman (D-CA) assumed the role of Chair of the full Natural Resources Committee, leaving open the position of Subcommittee Ranking Member. The new Ranking Member and other members of the Subcommittee will be announced in the coming days.
Other committee assignments, including subcommittee rosters for the House and Senate Appropriations Committees, have not yet been announced.
Confirmation Hearings
Congress has announced confirmation hearings for several of President-Elect Trump’s Cabinet nominations, each of which oversees policy and programs that impact water recycling.
On January 14, the Senate Energy and Natural Resources Committee will hold a hearing on the nomination of Doug Burgum to be U.S. Secretary of Interior. Burgum is the former Governor of North Dakota.
On January 16, the Senate Environment and Public Works Committee will hold a hearing on the nomination of Lee Zeldin to be Administrator of the U.S. Environmental Protection Agency. Zeldin previously represented part of Long Island, New York in the U.S. House of Representatives.
Also on January 16, the Senate Finance Committee will hold a hearing on the nomination of hedge fund manager Scott Bessent to be U.S. Secretary of the Treasury.
Join the WateReuse Association’s Upcoming Webcast to Learn More
To learn more about the legislative and regulatory policy landscape and what to expect in 2025, join us at 2:00 PM Eastern Time on January 16 for our 2025 Water Reuse Policy Outlook. Top Washington lobbyists will discuss what a second-term Trump Administration and unified control of the Federal Government means for key water reuse-related policies and programs. Whether you plan to participate in the 2025 Water Week Policy Fly-In or are interested in learning more about policy making under single-party control, this webcast will help get you up to speed.
You can register for the webcast here.
119th Congress Gets Underway with Plans for Spending, Tax Policy, and Confirmation Hearings
Date: January 12, 2025
On January 3, new and returning Members of Congress descended on Washington DC to begin the 119th Congress. The first...
2022 Arizona Water Reuse Symposium & Direct Potable Reuse Workshop
Date: July 26, 2022
The Annual Arizona Water Reuse Symposium was held July 24-26, 2022 in Flagstaff Arizona. Water Professionals from across the state...
Date: May 26, 2022
Florida Water Reuse Week 2022 took place May 15-21. Virtual and in-person programs brought together water professionals to share and...
WateReuse is the only trade association that focuses solely on advancing laws, policy and funding to increase water reuse. Our niche strategy sets us apart from other organizations in the water industry.
Water reuse was established as a state objective in 1989 and the state has since created a supportive regulatory environment. Florida has regulations that specify requirements of how reclaimed water is to be treated depending on the use or application of the water. Approximately 820 million gallons per day of reclaimed water are used for beneficial purposes each year, including golf course irrigation, residential irrigation, agricultural irrigation, groundwater recharge and indirect potable reuse, industrial uses, fire protection, and wetlands.
The Florida Department of Environmental Protection is moving forward with Phase II of rulemaking to ensure proper regulation for implementation of potable reuse programs in the state of Florida. The rules amended in Chapter 62-610 F.A.C. Phase II Reuse of Reclaimed Water and Land Application will address updates necessary to be consistent with recommendations of the Potable Reuse Commission’s 2020 report “Advancing Potable Reuse in Florida: Framework for the Implementation of Potable Reuse in Florida” as required by Florida’s Clean Waterways Act of 2020.
Arizona has a long history of water reuse beginning in about 1926. As much as two-thirds of all treated wastewater generated in Arizona is reused for a variety purposes, including irrigation, environmental restoration, energy generation, and agriculture. Legislative authority for water reuse was granted to the Arizona Department of Environmental Quality (ADEQ) in 1999 and reclaimed water rules focus on protecting water quality and human health. ADEQ is currently revising Arizona’s rules governing the use of recycled water. The first installment of new rules, effective January 1, 2018, allow permitting for direct potable reuse. In the next installment of rulemaking, ADEQ intends to adopt more detailed DPR criteria. Arizona has no indirect potable reuse (IPR) regulations, but IPR can be done under separate ADEQ groundwater protection permitting regulations. Other than graywater use, there are no specific rules allowing onsite or decentralized water reuse in Arizona.
Alabama has a history of water reuse citing back to 1975 with reclaimed water being reused primarily for irrigation. The state’s rules allow for Class A and Class B water, with different reuse applications applying to each. These regulations also explain how to apply for permits for reuse. Alabama’s Department of Environmental Management oversees the state’s regulation of water reuse.
The State Water Resources Control Board (Board) regulates water quality in California. The Board also develops statewide regulations for recycled water – potable and non-potable, including onsite reuse. The Board also provides funding through loans and grant programs for recycled water. The Regional Water Quality Control Board issues site specific water quality permits. The California Department of Water Resources manages water supply, including overseeing water conservation, groundwater and surface waters.
The Colorado Department of Public Health and Environment (CDPHE) has a reclaimed water program that is designed to promote water reuse in the state. The state’s Reclaimed Water Control Regulation was introduced in 2000. The regulation covers the use of reclaimed water for landscape and agricultural irrigation, fire protection, industrial, commercial, and urinal and toilet flushing. These uses correlate to three categories of water quality standards, additional filtration and disinfection treatment for specific uses, and treatment from localized treatment systems (“decentralized”). The state also runs grant programs, such as the Water Plan Grant fund established in 2018, to incentivize new water reuse projects.
Connecticut Department of Energy and Environmental Protection, 2014 State of Connecticut Water Reuse Bill | Connecticut Department of Energy and Environmental Protection
Recycled water has been used for irrigation in Delaware for decades. The Department of Natural Resources and Environmental Control administers state regulations and permitting for the distribution of treated wastewater for irrigation.
The Watershed Protection Branch of Georgia’s Department of National Resources Environmental Protection Division (EPD) has a set of guidelines for Water Reclamation and Urban Water Reuse. The guidelines were revised in 2012 and encompass considerations, system and monitoring requirements, and design standards for urban water reuse in the state. The uses covered are industrial and non-potable reuse. In 2011, the state released Guidelines for Reclaimed Water Systems in Buildings for reuse water to be piped within buildings for flushing toilets and urinals and other approved uses. In In 2021, EPD released the state’s first indirect potable reuse guidelines. The guidelines are intended to help applicants navigate through the regulatory complexity of a potential indirect potable reuse project, help the appropriate programs within EPD coordinate with each other, and streamline the regulatory process.
Water in the State of Hawaii is recycled for a range of non-potable applications. In 2016, the Hawaii Department of Health revised its guidelines for water reuse, which include technical requirements and application processes for various qualities of recycled water, requirements to construct or modify a wastewater reclamation facility, and best practices for reuse of graywater.
Reuse Guidelines- Volume 1: Recycled Water Facilities: Volume 1 addresses technical requirements that must be met for the various qualities of recycled water as well as requirements to construct or modify a wastewater reclamation facility (WWRF).
Reuse Guidelines- Volume 2: Recycled Water Projects: Volume 2 covers the application process to use recycled water for purposes such as irrigation, dust control, cleaning, and fire-fighting and establishes best management practices that apply to the end user.
Guidelines for the Reuse of Graywater: These guidelines detail the acceptable uses of graywater, including discharge from showers, bathtubs, hand-washing lavatories, and washing machines, as well as considerations for design and system maintenance.
Hawaii Department of Health, Recycled Water Program: The Department of Health administers the recycled water program.
Idaho has been supporting reuse since 1988, and state Department of Environmental Quality (DEQ) data indicate that over 4 billion gallons of water are reused every year. Idaho has both reuse regulations and guidelines that include treatment and beneficial reuse of municipal and industrial wastewater. Water reuse by different types of land application facilities is allowed by state regulations. In 1988, Idaho’s Wastewater Land Application permitting rules were promulgated and guidance was developed. Idaho has a public advisory working group that meets periodically to advise guidance development and review existing and future reuse guidance. In 2011 reuse regulations were updated, and the name of the rules changed to Recycled Water Rules (IDAPA 58.01.17).
In 2018, Iowa established regulations to govern the reuse of treated effluent for golf course irrigation. Other types of landscape and agricultural irrigation seem to be permitted on a project-by-project basis.
567 Iowa Administrative Code Chapter 62: Effluent and Pretreatment Standards: Iowa Administrative Code details effluent reuse for golf course irrigation.
Kansas Water Office, Non-Traditional Sources and Uses of Water-Reuse | Kansas Water Office
The Louisiana Reclaimed Water Law (Title 30, Chapter 17, Section 2391 et seq.) declares that the use of potable water for non-potable uses, including but not limited to cemeteries, golf courses, parks, highway landscaped areas, and industrial uses, is a waste of “our most precious natural resource.” The law requires the use of reclaimed waters if a source exists. The law may encourage facilities to reuse or reclaim wastewater thereby eliminating discharges to waters of the state.
Maryland’s Ground Water Quality Standards include rules applicable to water recycling. Part A covers required approval of discharges. Part B classifies three types of groundwater aquifers based on transmissivity, permeability and total dissolved solids quality. The intent is to distinguish high quality aquifers and ensure their protection. Part C defines three categories of effluent water quality relative to the three types of groundwater aquifers. Part D provides guidelines for discharges to ground waters, and incorporates the Maryland Department of Environment’s “Guidelines for Land Application/Reuse of Treated Municipal Wastewaters” MDE-WMA-001-04/10, by reference.
Massachusetts Department of the Environment provides detailed standards for reuse in reclaimed water projects. Reclaimed water is used in landscaping, irrigation, and toilet flushing. In 2009, the state DEP established a Reclaimed Water Permit program that enabled large scale non-potable reuse. The state has since approved nearly a dozen large scale projects such as Gillette Stadium and the Wrentham Village Premium Outlets.
Water reuse is happening across Minnesota, but there is no comprehensive statewide guidance or policy on water reuse. An interagency workgroup formed in 2015 in response to interest in water reuse, a legislative directive and funding support. State agencies, Metropolitan Council, the University of Minnesota and stakeholders in the water reuse community worked together to develop a report that serves as a foundation for advancing safe and sustainable reuse in Minnesota. The Minnesota Pollution Control Agency provides treatment design and storage requirements for permitting of water reuse projects.
Montana Department of Environmental Quality (MDEQ) regulates the reuse of graywater and wastewater for non-potable functions such as irrigation and toilet flushing. An MDEQ circular from 2018 sets forth required treatment and water quality requirements for the various classes of reclaimed wastewater, describes the class of reclaimed wastewater required for each allowable use. The circular also outlines requirements to ensure an adequate demonstration of public health and environmental protection.
The New Hampshire Department of Environmental Services (NHDES) developed a guidance document to describe how certain uses of reclaimed water from wastewater treatment plants are regulated in New Hampshire. The document provides guidance for the use of reclaimed water to recharge aquifers, irrigate crops and/or turf at golf courses, and snowmaking.
The New Jersey Department of Environmental Protection (NJDEP), Division of Water Quality promotes beneficial water reuse from domestic and industrial wastewater dischargers via the NJDPES permitting program. Reclaimed water can be used for non-potable applications in place of potable water or as a supplement to potable water. Potential applications include irrigation of crops, parks, and golf courses; dust control; fire fighting; and toilet flushing. The Bureau of Surface Water and Pretreatment Permitting program has issued over 125 water reuse permits.
New Mexico Energy, Minerals and Natural Resources Department, Oil and Gas Extraction Wastewater Management | New Mexico Energy, Minerals and Natural Resources Department
New Mexico Environment Department, Water Resources & Management | New Mexico Environment Department
Water Project Finance Section; Implementation of state water plan (New Mexico Statutes §72-4A-9) | New Mexico Statutes
Water Conservation Plans; municipalities, counties and water suppliers. (New Mexico Statutes §72-14-3.2) | New Mexico Statutes
State Water Plan Authorization (New Mexico Statutes §72-14-3.1) | New Mexico Statutes
In the State of New York, the Department of Environmental Conservation regulates water reuse programs operated by wastewater treatment plants through State Pollutant Discharge Elimination System permits on a case-by-case basis. The New York State Department of State regulates graywater reuse within buildings through the state’s plumbing code, enforced by local building inspectors. In the City of New York, the Department of Environmental Protection operates a water conservation and reuse grants program to encourage commercial, industrial, and multi-family residential property owners to implement onsite water reuse systems.
Ohio Administrative code, effective in 2015, provides guidelines for graywater recycling systems and sets their scope. The state does not currently regulate water recycling.
In 2012, Oklahoma’s Department of Environmental Quality promulgated water reuse regulations to govern groundwater recharge and other applications of water recycling. Current water reuse regulations include indirect potable reuse for surface water augmentation, operation and maintenance of water reuse systems, and treatment and construction standards.
Oregon began supporting beneficial reuse in 1990, when a state regulatory framework for water reuse was established. Oregon’s Water Resources Department and Department of Environmental Quality have promulgated rules to govern water reuse and reclamation methods, procedures, restrictions, treatment, and monitoring.
Water reuse has been and continues to be an important component of Pennsylvania’s water management toolbox. Industries have been reusing water within their facilities for decades to reduce operating costs. Many municipal and industrial wastewater treatment plants discharge treated water to streams and lakes, or land apply reclaimed water for additional treatment prior to recharging a groundwater aquifer. In many of these cases, the reclaimed water becomes a portion of the source water for a potable drinking water supply. The Pennsylvania Department of Environmental Protection (DEP) developed a guidance manual in 2012 for implementing water reuse in an environmentally protective manner in accordance with DEP regulations.
The Rhode Island Department of Environmental Management has developed technical guidelines for water reuse projects. The document includes technical standards for water reuse for irrigation and cooling purposes.
South Carolina’s Plumbing Code, Chapter 13 Non-Potable Water Systems specifies a set of rules guiding the use of local water recycling systems. The code details a set of requirements and parameters for non-potable reuse.
2015 South Carolina Plumbing Code- Chapter 13 Nonpotable Water Systems: South Carolina Plumbing Code offers a set of rules guiding the use of local non-potable water recycling systems.
Texas has the third highest reclaimed water flows in the country behind California and Florida. Water reuse goals are published under the State Water Plan, which is updated every five years to provide a new 50 year projection. Texas estimates that water reuse will account for 15 percent of the water supply in the coming decades. The first guidelines for water reuse were passed in 1997 and updated in 2009. There are two categories of non-potable reclaimed water (Type I and Type II) based on whether the water is appropriate for public contact or not. The Texas Administrative Code also includes regulations for the use of graywater and some alternative sources in onsite or decentralized reuse systems. There are no specific water quality standards for potable reuse and therefore these projects are approved on a case by case basis.
The State of Utah has promulgated several regulations governing water reuse. This includes regulations related to approvals and permits for water reuse projects, system design requirements, aquifer recharge, and graywater systems.
Virginia State Law, updated in 2020, details the treatment needs for various forms of reuse. State regulations have two levels of water quality pertaining to non-potable applications of recycled water. The state’s reuse program is evolving, with new policies being enacted in 2016, 2017, and 2020.
Vermont’s Department of Environmental Conservation has promulgated rules related to graywater, as well as treatment standards for reclaimed water use.
Washington State encourages the use of reclaimed water by providing financial support and incentives, and by directing the Departments of Health and Ecology to coordinate to support the adoption of water recycling. The state developed water reclamation and reuse standards in the 1990’s and has been updating relevant regulations since then. Water reuse in Washington covers a wide range of applications, including landscape irrigation, flushing, groundwater recharge, industrial and commercial uses, and ecosystem restoration, among others.
West Virginia Department of Environmental Protection’s Water and Waste Regulations | West Virginia West Virginia Department of Environmental Protection
In Nevada, the Division of Environmental Protection has promulgated rules governing water recycling for both potable and non-potable uses. Nevada DEP notes that reclaimed water can be treated to meet disinfection and water quality standards for a range of applications. There are six categories of reclaimed water in the state, based upon water quality. These include indirect potable reuse, various forms of irrigation, firefighting, and cooling, among other applications.
In 2007, New Mexico updated its Guidance for Aboveground Use of Reclaimed Domestic Wastewater, which includes design specifications and treatment standards for a range of uses of recycled water. The state also intends to develop regulations related to the treatment and reuse of produced water, as directed by the Produced Water Act in 2019.
North Carolina statute directs state regulatory agencies to consider water reuse as an alternative to surface water discharge. State rules governing water reuse are codified in Title 15A of the North Carolina Administration Code Subchapter 2T.0900. Reclaimed water in North Carolina may be used to a range of non-potable purposes, including irrigation, dust control, cooling and other industrial purposes, flushing, ponds and fountains, street sweeping and car washing, among others.
The North Dakota Water Commission defines the terms of permitting for reusing wastewater. They have an update reported that explains the current scope of reuse in the state is for irrigation and non-potable purposes.
Policy/Procedure for Transfer and Reuse of Wastewater: This document provides guidance for permitting water reuse projects.
The State of Wyoming Department of Environmental Quality has promulgated a regulation that broadly outlines the permitting process for water reuse systems.
Wyoming Administrative Rules: Regulations for permit to construct, install, or modify water reuse systems.
Choose from presentations on six tracks providing insight and professional development, relevant to every life cycle phase of a water reuse project: