WaterWired

From RNRF - New Study: Inequitable Patterns of U.S. Flood Risk in the Anthropocene

This one of those 'ICYMI' stories - the RNRF put it on its site on 28 February 2022. They also provide the entire report from Nature Climate Change. 

The sobering takeaway:

More loss expected from poor land use planning than from the direct impacts of climate change

Flood risk in the United States is typically evaluated based on historical trends. Increasingly, these trends are no longer applicable to future flood conditions and risk. A new study in Nature Climate Changeanalyzes the changing flood risk landscape in the United States between now and 2050 and makes projections that could help inform decision-making and minimize future flood damage. It also assesses the social justice implications of which populations bear present and future flood risk. The study was produced by experts from the First Street Foundation, Wharton Risk Center at the University of Pennsylvania, Columbia University, the U.S. Army Corps of Engineers, and the University of Bristol.

Flood risk management requires long-term planning. This study indicates that the conditions of flood risk will change considerably between now and 2050. This makes forward-thinking analysis of changing flood hazard relevant even for a standard 30-year mortgage signed in 2022. Investors and mortgage lenders need to understand an asset’s flood risk through the lifetime of the investment, often decades into the future. An accurate understanding of the changing conditions of flood risk is necessary to sound decision-making today.

Existing efforts to model flood risk are largely insufficient to accomplish this. Currently, academic efforts to map flood hazard under climate change are in their infancy and are rarely used in commercial or regulatory applications. Local-scale studies tend to be the most accurate, of which FEMA’s flood mapping program is considered the gold standard. It is based on high-precision terrain data, fully surveyed river channels, local gauge information, and a full appraisal of local protection measures. However, these detailed analyses take considerable resources to carry out, and so their coverage has been relatively limited. Only one-third of U.S. rivers have been mapped by FEMA, and only one-quarter of those maps have been updated in the last five years. FEMA maps are also not required to account for climate change, a considerable oversight when assessing future risk.

The FEMA Special Flood Hazard Area (SFHA) is the de facto flood risk zone in the United States, made up of a patchwork of local FEMA flood maps. Areas within the SFHA are subject to various regulations on development. Those with a federally backed mortgage in these areas must purchase flood insurance. Properties located outside of the SFHA are commonly misconceived to be risk-free, but this is not the case. The study found that only 41% of the nation’s flood risk is located within the SFHA. Current flood risk is highly underestimated.

The study also found that flood losses in the U.S. are currently $32.1 billion per year on average. By 2050, climate change alone is expected to cause this number to increase to $40.6 billion. Across the term of a typical 30-year mortgage beginning today, this is a 26.4% increase in flood risk. This is a near-term climate impact that is essentially locked in – it will occur even if dramatic decarbonization were to happen immediately and should be accounted for in current decision-making. This climate-induced increase in flood risk is caused by intensifying rainfall and hurricanes, as well as sea level rise.

This increase in flood risk will not be felt equally across the nation. The study also examined the demographic components of flood risk across the U.S., focusing on race and poverty. It found that currently, poor and White communities are disproportionately likely to be subject to flood risk. However, projections up to 2050 show a different trend. In coming decades, flood risk is expected to increase disproportionately in predominately Black areas. These areas are highly concentrated in the Deep South in locations where climate change is expected to intensify risk.

Climate will not be the only factor that will impact changes to flood risk between now and 2050. As the U.S. population grows and development patterns change, demographic shifts are expected. The study also examined how much the flood-vulnerable population is expected to increase due to demographic shifts and climate change.

The researchers found that climate change alone, without population growth, would lead to an 18.6% increase in the number of people exposed to flood risk by 2050. Population growth in stable climate conditions would result in a much greater increase – 72.6%. This indicates that new development is expected to disproportionately occur in hazardous areas. In other words, as the population grows, an outsized number of people will move into floodplains. This leads to one of the most important takeaways from this report: without new policies to direct new development into safer areas, the contribution of population growth to flood risk will greatly exceed that of climate change.

Given this projection, the importance of improved flood risk management in the United States is clear. The authors of the study gave the following policy recommendations. More aggressive local land-use controls restricting new developments in the highest-risk areas, coupled with stronger building codes, could help lower the growth in flood losses. Such regulations on future development will need to be accompanied by investments in both relocation and retrofits for existing construction in areas where flood risk is high and/or growing. The federal government has several programs that currently fund such efforts, although not at the levels that will be required to fully adapt to increasing risk. Furthermore, several of these programs have been criticized for privileging more affluent and White communities. Equity-centered reform in light of climate change is needed for U.S. disaster policy – a call given greater emphasis by the demographic makeup of present and future bearers of U.S. flood risk shown in this study.

The authors of the study noted that current flood risk is evidence that there is a dearth of flood resilience in the United States in the status quo of climate and population demographics. The climate crisis will make this critical problem even more serious. The impacts described in this study are so near-term that decarbonization is futile in preventing them. The lack of quality, publicly available flood risk information has meant that risky development has proliferated across the US. It is critical that information on changing risks be made widely available and transparent to fully inform housing and mortgage markets to guide capital away from the riskiest areas. The findings of this paper provide important insights for communities and the federal government in designing future flood risk management interventions and in allocating federal dollars more effectively.

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"The only function of economic forecasting is to make astrology look respectable." - Economist Ezra Solomon (quoted in @TheHill via @TheWeek)

CRS Insight Report: Army Corps of Engineers - Section 7001 Report on Future Studies and Projects

Anna E. Normand authored this updated (5 May 2022) CRS Insight Report: 'Army Corps of Engineers - Section 7001 Report on Future Studies and Projects'

I have pasted this entire report below; note that CRS Insight reports have links embedded in the online documents. To access those links click on the emboldened title above.  

Download CRS_Insight_USACE_Section7001Rpt_Future_Studies_Projects_5Masy2022

The U.S. Army Corps of Engineers (USACE) undertakes water resource development studies and projects and other assistance activities that are specifically authorized by Congress, typically biennially in Water Resources Development Acts (WRDAs). In Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA; P.L. 113-121, 33 U.S.C. §2282d), the 113th Congress established an annual process for identifying proposals for site-specific studies and projects within USACE’s water resource mission and authorities. The Section 7001 process includes a call for nonfederal proposals and concludes with a report by the Assistant Secretary of the Army for Civil Works (ASACW) to USACE’s congressional authorizing committees. In turn, these reports inform WRDA consideration. Congress last enacted a WRDA referencing prior Section 7001 reports in December 2020. Since then, USACE has published new Section 7001 reports for 2021 (November 2021) and 2022 (April 2022). The nonfederal proposal submission period for the 2023 report opened on April 29, 2022, with an August 29, 2022, deadline.

Congress established the Section 7001 process amidst congressional earmark moratorium policies that applied to authorizations and appropriations during the 112th-116th Congresses. Although these policies have changed in the 117th Congress, the Section 7001 process remains active. In addition to the Section 7001 process, the House Transportation and Infrastructure [T&I] Committee website and the Senate Environment and Public Works [EPW] Committee website have indicated that they are considering requests by Members of Congress as part of their WRDA development.

Congressional Authorization and Section 7001 Reports
Most project-specific authorizations in WRDAs fall into one of three categories: feasibility studies, construction projects, or modifications to existing authorizations. Inclusion of a proposal in a Section 7001 report does not provide congressional authorization or appropriation; rather, inclusion facilitates congressional consideration of the proposal’s authorization. For example, Congress has used Section 7001 reports when developing WRDA 2016 (Title I of P.L. 114-322), WRDA 2018 (Title I of P.L. 115- 270), and WRDA 2020 (Division AA of P.L. 116-260).

The U.S. Army Corps of Engineers (USACE) undertakes water resource development studies and projects and other assistance activities that are specifically authorized by Congress, typically biennially in Water Resources Development Acts (WRDAs). In Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA; P.L. 113-121, 33 U.S.C. §2282d), the 113th Congress established an annual process for identifying proposals for site-specific studies and projects within USACE’s water resource mission and authorities. The Section 7001 process includes a call for nonfederal proposals and concludes with a report by the Assistant Secretary of the Army for Civil Works (ASACW) to USACE’s congressional authorizing committees. In turn, these reports inform WRDA consideration. Congress last enacted a WRDA referencing prior Section 7001 reports in December 2020. Since then, USACE has published new Section 7001 reports for 2021 (November 2021) and 2022 (April 2022). The nonfederal proposal submission period for the 2023 report opened on April 29, 2022, with an August 29, 2022, deadline.

Congress established the Section 7001 process amidst congressional earmark moratorium policies that applied to authorizations and appropriations during the 112th-116th Congresses. Although these policies have changed in the 117th Congress, the Section 7001 process remains active. In addition to the Section 7001 process, the House Transportation and Infrastructure [T&I] Committee website and the Senate Environment and Public Works [EPW] Committee website have indicated that they are considering requests by Members of Congress as part of their WRDA development.

Congressional Authorization and Section 7001 Reports
Most project-specific authorizations in WRDAs fall into one of three categories: feasibility studies, construction projects, or modifications to existing authorizations. Inclusion of a proposal in a Section 7001 report does not provide congressional authorization or appropriation; rather, inclusion facilitates congressional consideration of the proposal’s authorization. For example, Congress has used Section 7001 reports when developing WRDA 2016 (Title I of P.L. 114-322), WRDA 2018 (Title I of P.L. 115- 270), and WRDA 2020 (Division AA of P.L. 116-260).

The U.S. Army Corps of Engineers (USACE) undertakes water resource development studies and projects and other assistance activities that are specifically authorized by Congress, typically biennially in Water Resources Development Acts (WRDAs). In Section 7001 of the Water Resources Reform and Development Act of 2014 (WRRDA; P.L. 113-121, 33 U.S.C. §2282d), the 113th Congress established an annual process for identifying proposals for site-specific studies and projects within USACE’s water resource mission and authorities. The Section 7001 process includes a call for nonfederal proposals and concludes with a report by the Assistant Secretary of the Army for Civil Works (ASACW) to USACE’s congressional authorizing committees. In turn, these reports inform WRDA consideration. Congress last enacted a WRDA referencing prior Section 7001 reports in December 2020. Since then, USACE has published new Section 7001 reports for 2021 (November 2021) and 2022 (April 2022). The nonfederal proposal submission period for the 2023 report opened on April 29, 2022, with an August 29, 2022, deadline.

Congress established the Section 7001 process amidst congressional earmark moratorium policies that applied to authorizations and appropriations during the 112th-116th Congresses. Although these policies have changed in the 117th Congress, the Section 7001 process remains active. In addition to the Section 7001 process, the House Transportation and Infrastructure [T&I] Committee website and the Senate Environment and Public Works [EPW] Committee website have indicated that they are considering requests by Members of Congress as part of their WRDA development.

Congressional Authorization and Section 7001 Reports
Most project-specific authorizations in WRDAs fall into one of three categories: feasibility studies, construction projects, or modifications to existing authorizations. Inclusion of a proposal in a Section 7001 report does not provide congressional authorization or appropriation; rather, inclusion facilitates congressional consideration of the proposal’s authorization. For example, Congress has used Section 7001 reports when developing WRDA 2016 (Title I of P.L. 114-322), WRDA 2018 (Title I of P.L. 115- 270), and WRDA 2020 (Division AA of P.L. 116-260).

Section 7001 Report
Section 7001 of WRRDA 2014, as amended, directs the ASACW to submit an annual report to the House T&I Committee and the Senate EPW Committee. The report may include

•   completed feasibility reports;

•   proposed feasibility studies;

•   proposed modifications to authorized studies and projects; and

•   proposed modifications to environmental infrastructure assistance projects and programs.

  For proposals to be included, Section 7001 requires that they

  (i) are related to the missions and authorities of the Corps of Engineers; (ii) require specific congressional authorization, including by an Act of Congress; (iii) have not been congressionally authorized; (iv) have not been included in any previous annual report; and (v) if authorized, could be carried out by the USACE.

  Section 7001 reports include only those proposals that the ASACW determines meet all five criteria. Proposals that do not meet all five criteria are placed in the report’s appendix.

  For most proposals listed in the appendices of reports transmitted in 2015-2022, an authority already existed to perform the requested activity or the proposal did not fit within the USACE’s missions and authorities. USACE adjusted the 2021 and 2022 solicitations to expand eligibility for inclusion in the report to include

•   proposals whose primary purpose is municipal or agricultural water supply (per direction from §127 of WRDA 2020), and

•   proposals for recreation or hydropower, if undertaken in conjunction with a project or effort within a USACE mission.

  Nonfederal Proposals
  The annual report is based, in part, on proposals submitted by nonfederal interests. The Section 7001 process begins with the publication of a notice in the Federal Register requesting proposals from nonfederal interests. Nonfederal proposals are to include a description of the proposed activity and its relation to USACE missions and authorities, a statement of support and financial ability from sponsoring nonfederal interests, and federal and nonfederal shares of the proposed activity’s estimated cost, among other requirements. According to USACE, nonfederal interests do not need to submit completed feasibility reports through the Section 7001 proposal process before pursuing construction authorization.

  In WRDA 2020, Congress directed the ASACW to provide assistance to nonfederal interests for future Section 7001 report submissions (§204). USACE has hosted webinars on the proposal process and encourages nonfederal interests to request technical support through their USACE districts to prepare submissions.

  Transmitted Reports and WRDA Authorization
  The ASACW transmitted Section 7001 reports to the authorizing committees annually from 2015 through 2022, which are available at USACE, entitled “Report to Congress on Future Water Resources Development.”

  The Section 7001 reports for 2021 and 2022 were transmitted to Congress after enactment of WRDA 2020. They included 17 reports by the Chief of Engineers (i.e., Chief’s reports) and 30 nonfederal proposals (13 new studies, 1 modification of a study authority, 6 modifications of project authorities, and 10 modifications to environmental infrastructure authorities) in the bodies of the reports. The appendices included 38 nonfederal proposals that did not meet the aforementioned five criteria. Congress may use these reports, and any past Section 7001 reports, in developing future WRDAs (e.g., a WRDA 2022). If a future 7001 report (e.g., for 2023) is published prior to enactment of another WRDA, the contents of that report may also be considered by Congress.

In WRDA 2020, Congress used Section 7001 annual reports to authorize studies, projects, and modifications to authorities. For example, WRDA 2020

•   authorized construction for 19 studies with Chief’s reports and 2 other nonfederal proposals listed in the 2019 and 2020 reports (§401);

•   conditionally authorized construction for a nonfederal feasibility report listed in the 2019 report (§403);

•   reauthorized 2 projects listed in the 2019 report (§355);

•   authorized 16 studies listed in the 2019 and 2020 reports (§201, §213) and 5 studies listed

  in the appendices of the 2019 and 2020 reports (§209, §213);

•   authorized 5 modifications for water supply and 2 modifications for flood risk management listed in the 2019 and 2020 reports (§353) and in the appendices of the 2019 and 2020 reports (§311, §337); and

•   amended 14 environmental infrastructure authorities (§352), as listed in the 2019 and 2020 reports and in the appendix of the 2019 report.

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"No one has ever doubted that truth and politics are on rather bad terms with each other." - Hannah Arendt

Sharon B. Megdal: 'Water Policy Options as Arizona Adapts to a Drier Colorado River: A Perspective'

This paper by Sharon B. Megdal, Director of the Arizona Water Resources Research Center was commissioned by the Renewable Resources journal, a free journal. Water Policy Options as Arizona Adapts to a Drier Colorado River: A Perspective, Sharon B. Megdal

Download Megdal_AZPolicyOptions_RRJ_9May2022

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"This is a stressful time of year for our students. It is especially stressful for the students who barely attended class & missed most of the assignments. Please respond quickly to their questions about grades and be supportive of their requests to make up work." - @ass_deans

CRS InFocus Report: 'U.S. Environmental Protection Agency (EPA) Water Infrastructure Programs and FY2022 Appropriations'

Elena H. Humphreys and Jonathan L. Ramseur collaborated on CRS InFocus (2-pager) report (11 May 2022): U.S. Environmental Protection Agency (EPA) Water Infrastructure Programs and FY2022 Appropriations.

I have pasted the entire document below. Click on the table to enlarge it.

Download CRS_InFocus_USEPA_Water_Inf_FY2022_App_11May2022

Background
Policymakers and stakeholders have raised concerns about the condition of the nation’s local drinking water and wastewater infrastructure, and the financial challenges that communities may confront in maintaining, repairing, or replacing aging infrastructure. In 2016, the U.S. Environmental Protection Agency (EPA) estimated that wastewater treatment facilities will need $271 billion over the next 20 years to meet federal water quality objectives. In its 2018 survey, EPA estimated that public water systems need to invest $473 billion on infrastructure over 20 years to ensure the provision of safe drinking water. These do not include costs to extend services to accommodate population growth or to repair infrastructure not linked to compliance or to related health and environmental goals.

EPA Water Infrastructure Programs FY2022 Appropriations
The Consolidated Appropriations Act, 2022 (P.L. 117-103), Division G, Title II, contains regular appropriations for EPA for multiple water infrastructure programs, including the Clean Water State Revolving Fund (CWSRF) and the

Drinking Water State Revolving Fund (DWSRF). Appropriations for the CWSRF, DWSRF, and other grant programs are provided within the State and Tribal Assistance Grants (STAG) account. A separate account funds a federal credit assistance program under Water Infrastructure Finance and Innovation Act (WIFIA).

As presented in Table 1, P.L. 117-103 appropriates a total of $3.0 billion for FY2022 for these water infrastructure programs, 0.5% more than the total FY2021 enacted level prior to rescissions (P.L. 116-260). Further, Division J of the Infrastructure Investment and Jobs Act (IIJA; P.L. 117- 58) includes emergency supplemental appropriations for the CWSRF, DWSRF, and one drinking water grant program for FY2022-FY2026. For example, IIJA provided additional appropriations for FY2022 of $1.96 billion for each of the SRF programs, as well as SRF appropriations dedicated for specific purposes. For more information, see CRS Report R46892, Infrastructure Investment and Jobs Act (IIJA): Drinking Water and Wastewater Infrastructure.

State Revolving Fund Programs
The Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) authorize complementary financial assistance programs to help publicly owned treatment works and public water systems finance improvements needed for compliance and other statutory purposes. The CWSRF provides financial assistance for infrastructure projects to publicly owned treatment works and other eligible recipients (33 U.S.C. §§1381-1387). The DWSRF provides assistance to public water systems, which may be publicly or privately owned (42 U.S.C. §300j-12). In both SRF programs, EPA makes grants to states to capitalize a state revolving loan fund. Each state must match 20% of its annual capitalization grant. States are authorized to use the DWSRF or the CWSRF to provide primarily subsidized loans to eligible recipients. CWSRF financial assistance is available generally for purposes defined in CWA Section 603(c), which include wastewater and stormwater infrastructure projects. DWSRF financial assistance is available for statutorily specified expenditures and those that EPA has determined, through guidance, will facilitate SDWA compliance or significantly further the act’s health protection objectives.

P.L. 117-103 includes “community project funding/congressionally directed spending” (CPF/CDS) items, which some have referred to as earmarks. P.L. 117- 103 sets aside 27% ($443.6 million) of the FY2022 CWSRF appropriation to CPF/CDS and 35% ($397.8 million) of the FY2022 DWSRF appropriation to CPF/CDS. Such funds will be distributed directly to recipients, instead of to states’ SRF programs. Thus, the reservation of funds effectively decreases the total amount available for allotment as state capitalization grants. Per state, the amount available—namely state capitalization grants and CPF/CDS—from FY2022 regular appropriations will be larger or smaller compared to state allotments of FY2021 appropriations distributed by statutory formula alone. Taken together with the FY2022 IIJA SRF supplemental appropriations, all states will receive a higher capitalization grant amount in FY2022 than in FY2021.

Water Infrastructure Finance and Innovation Act
Congress established the WIFIA program in the Water Resources Reform and Development Act of 2014 (P.L. 113- 121; 33 U.S.C. §§3901-3914). WIFIA authorizes EPA and the U.S. Army Corps of Engineers (USACE) to provide credit assistance—secured or direct loans—for a range of water infrastructure projects. (For information on USACE implementation, see CRS Insight IN11577, U.S. Army Corps of Engineers Civil Works Infrastructure Financing Program (CWIFP): Status and Issues.) Under WIFIA, EPA provides credit assistance directly to an eligible recipient. To be eligible for WIFIA assistance, projects must generally cost $20 million or more. The WIFIA program can provide a large amount of credit assistance relative to its budget authority. Annual WIFIA appropriations primarily cover long-term credit subsidy costs, which are calculated to cover the risk that the loan will not be repaid. As such, relative to its budget authority (e.g., $63.5 million in FY2022 to cover subsidy costs), appropriations provide a larger amount of total credit assistance. For example,Congress capped the FY2022 WIFIA credit assistance authority at $12.5 billion.

Grants for Testing School Water for Lead
The Water Infrastructure Improvement for the Nation Act (WIIN Act; P.L. 114-322) amended SDWA Section 1464(d) (42 U.S.C. §300j-24) to require EPA to establish a voluntary program for testing for lead in drinking water at schools and child care programs under the jurisdiction of local education agencies (LEAs). IIJA expands eligibilities, and P.L. 117-103 provides $27.5 million.

Grants for Reducing Lead in Drinking Water
The WIIN Act amended SDWA to add Section 1459B (42 U.S.C. §300j-19b), which directs EPA to establish a grant program for projects and activities that reduce lead in drinking water. Grants can provide assistance to low-income homeowners to replace their portions of lead service lines. IIJA expands this program’s eligibilities. P.L. 117-103 provides $22.0 million for FY2022.

Grants for Small and Disadvantaged Communities
In 2016, the WIIN Act amended SDWA by adding Section 1459A (42 U.S.C. §300j-19a), which directs EPA to establish a grant program to assist disadvantaged communities and small communities that are unable to finance projects needed to comply with SDWA. Projects eligible include investments needed for SDWA compliance, household water quality testing, and assistance that primarily benefits a community on a per-household basis. P.L. 117-103 provides $27.2 million for FY2022. IIJA expands the program’s eligible projects, and provides a supplemental appropriation for projects to address emerging contaminants of $1 billion for FY2022.

Grants for Drinking Water System Resilience
America’s Water Infrastructure Act of 2018 (AWIA; P.L. 115-270) amended SDWA Section 1459A (42 U.S.C. §300j-19a) to authorize EPA to establish the Drinking Water System Infrastructure Resilience and Sustainability Program, a grant program for small and disadvantaged public water systems. IIJA directs EPA to establish this program. EPA is authorized to provide grants for projects that increase resilience to natural hazards, including hydrologic changes. Eligible projects include those that increase water use efficiency, enhance water supply through watershed management or desalination, and increase energy efficiency in the conveyance or treatment of drinking water. P.L. 117-103 provides $5.0 million for FY2022.

Sewer Overflow and Stormwater Grant Program
In 2000, the Consolidated Appropriations Act, 2001 (P.L. 106-554) amended the CWA by adding Section 221, which authorized EPA to establish a grant program to address overflows from municipal combined sewer systems and from municipal separate sanitary sewers. In 2018, AWIA modified the program to include stormwater infrastructure. P.L. 117-103 provides $43.0 million for FY2022.

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"Thank you to all the faculty and staff for their hard work this semester, especially the faculty and staff we won’t be able to renew after the reorganization."- @ass_deans

Joint Associations Letter to Congress Seeking PFAS Exemption from Superfund (CERCLA) Liability

G. Tracy Mehan III, Executive Director for Government Affairs at the American Water Works Association just sent me this Joint Associations letter to Congress seeking PFAS exemption from Superfund (CERCLA) liability.

I have pasted this letter below and uploaded to PDF below.

Download CERCLA Water System Hill Letter 4.28.22

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"Just a reminder: We’ll have our end of the semester faculty meeting on Friday, May 13 from 1:00-4:00. We have so much to talk about! Also, don’t forget grades are due on May 13 at 5:00!" - @ass_deans