Earlier this month, Rep Schakowsky (D,IL) introduced HR 1367, the Water System Threat Preparedness and Resilience Act of 2023. The bill would require the EPA to carry out a program to support, and encourage participation in, the Water Information Sharing and Analysis Center (W-ISAC). The legislation would authorize $10-million for FY 2024 and FY 2025 to support this initiative.
Definitions
Section 2(a) provides definitions for four key terms used in the bill. All four terms are defined by reference to existing statutory definitions.
Program Development
Section 2(b) would require the EPA, within one year of enactment of this legislation, to develop and carry out a program that would:
To encourage, support, and maintain the participation of community water systems, treatment works, and other appropriate entities in the W-ISAC,
To offset costs incurred by community water systems and treatment works that are necessary to maintain or initiate membership in the W-ISAC, and
To expand the cooperation and coordination of the EPA with the W-ISAC with respect to incident data collection and analysis of water sector-related threats.
Additionally, the program would be required to enhance the tools, resources, and materials of the W-ISAC for:
Monitoring the status of the water sector; and
Enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from malevolent acts or natural hazards.
Moving Forward
Schakowsky is not a member of the House Transportation and Infrastructure Committee to which this bill was assigned for primary consideration, but she is a member of the House Energy and Commerce Committee to which this bill was assigned for secondary consideration. This means that she may have sufficient influence to see the bill considered in that Committee. Unfortunately, without influence in the T&I Committee, this bill has little chance of moving forward.
I see nothing in this bill that would engender any organized opposition beyond the $10-million authorized. I would expect that there would be some Republican opposition to the additional spending, but support for local water treatment facilities will frequently overcome such philosophical opposition. This bill would probably receive some level of bipartisan support.
Commentary
While the undefined term ‘malevolent acts’ used in §2(b)(4)(B) would certainly seem to include cyber incursions or attacks, I would prefer to see cybersecurity specifically addressed. To that end, I would suggest changing subparagraph (B) to read:
“(B) enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from cybersecurity threats (as defined in 6 USC 1501), malevolent acts (within the meaning of section 1433 of the Safe Drinking Water Act (42 U.S.C. 300i–2)) or natural hazards.”