Will New Federal Law Facilitate Privatization of US Water?
Mint Press News
30 May 2014
By Carey Biron
A major piece of legislation funding the development and
improvement of water-related infrastructure passed Congress last
week for the first time in nearly a decade, and President Barack
Obama is expected to sign the bill soon.
Yet public interest groups warn that a key provision in the law
would complicate public investment in drinking water and
wastewater systems in big cities and small towns alike. The end
result, they say, would be to strengthen privately-managed or
-owned water systems while leaving the federal government to take
on the risk of these investments—essentially subsidizing water
privatization.
“This law will facilitate the privatization of water systems and
prioritize funding for privatized systems,” Mary Grant, a
researcher for the water program at Food & Water Watch, a
watchdog group here, told MintPress News.
“The basic problem is that it will only fund up to 45 percent of
project costs, but also stipulates that the rest cannot be made up
through the use of tax-exempt bonds,” Grant continued. “Yet such
bonds are the primary way in which local governments fund
infrastructure projects, so why would they try to make use of this
funding?”
The broader law, agreed upon by large majorities in both the House
and Senate over the past week following a year of negotiation, is
known as the Water Resources Reform and Development Act. The full
bill authorizes funding for a spectrum of new water infrastructure
projects—particularly around ports and waterways, including flood
protection and restoration—worth some $12.3 billion, though this
money will still have to go through an appropriations process.
Assuming that President Obama signs it, the Water Resources Reform
and Development Act will be the first such water-related funding
package to become law since 2007. Even then, the 2007 bill passed
over the threat of veto from President George W. Bush, primarily
due to budgetary concerns. As with any large funding bill, the act
has received criticism from conservatives worried that Congress
will not be able to provide adequate oversight for what they
expect to be a frenzy of project requests.
The bill also includes provisions aimed at dealing with what
experts say is a multi-billion-dollar funding gap for drinking
water and wastewater systems across the country. Last year, the
U.S. Environmental Protection Agency (EPA) estimated that some
$384 billion in improvements would be needed in U.S. drinking
water infrastructure over the next two decades. The EPA also found
that many of the country’s 73,400 water systems are between 50 to
100 years old.
“[T]he nation’s water systems have entered a rehabilitation and
replacement era in which much of the existing infrastructure has
reached or is approaching the end of its useful life,” EPA Acting
Administrator Bob Perciasepe said at the time. “This is a major
issue that must be addressed so that American families continue to
have the access they need to clean and healthy water sources.”
While Congress is receiving widespread plaudits for finally acting
on this shortfall, critics are worried that the final law will be
detrimental to communities across the country.
Dwindling Public Funding
According to data provided by Food & Water Watch, federal
spending on improvements to drinking water and wastewater systems
since the late 1970s have dwindled by some 80 percent. Since the
late 1990s, the group says, federal grants have offered just $15
billion for this purpose.
In 2012, dozens of federal lawmakers wrote to the congressional
leadership to highlight this situation, citing rising concerns
among mayors, public water systems directors and others. The
lawmakers noted that federal funding for water systems made up
just three percent of total costs, down from 78 percent 35 years
earlier. This shortfall, they warned, leaves “cities and towns
across the country bearing the difficult challenge of pulling
together funds for public water systems.”
The new Water Resources Reform and Development Act does attempt to
ameliorate this problem, making available $175 million in funding
over five years. But the part of the law that focuses on this
issue, known as the Water Infrastructure Finance and Innovation
Act, does so primarily by steering communities toward
public-private partnerships.
It is unclear whether this is by design. As Food & Water
Watch’s Grant notes, a central issue is the fact that the Water
Infrastructure Finance and Innovation Act does not allow
communities to raise funding for infrastructure through the
issuance of tax-exempt bonds, a process that the watchdog group
says has raised more than $1.6 trillion for local and state
infrastructure projects over the past decade.
It appears, however, that this option was only removed after
negotiations with an eye toward the federal deficit, following a
budgetary “scoring” by the Congressional Budget Office. Groups
representing the municipal water sector say the Water
Infrastructure Finance and Innovation Act won’t work for their
members.
“We have huge wastewater infrastructure needs, so we’ve been
supportive of having more tools in the toolbox to help communities
pay for upgrades and new projects,” Hannah Mellman, legislative
manager at the National Association of Clean Water Agencies, a
lobby group that represents the municipal wastewater sector, told
MintPress.
“Yet the tax-exempt bond exemption will make [the Water
Infrastructure Finance and Innovation Act] pretty unworkable for
our members. That’s not to say that they wouldn’t use [the Water
Infrastructure Finance and Innovation Act], but if they can’t
finance their side of projects with tax-exempt bonds we don’t see
how it will be usable. So we’re disappointed to see that in the
final bill.”
Funding criteria under the bill will also be different than under
traditional federal water assistance. For instance, the latter has
always been in part based on issues related to public health, but
the Water Infrastructure Finance and Innovation Act requires no
such consideration. Instead, criteria for funding under the act
will include issues that strike some observers as odd — for
instance, how much of the money would go to areas with significant
energy development, or whether the projects already have private
financing partners.
Access and Equity
On the one hand, then, the Water Infrastructure Finance and
Innovation Act likely will not offer communities large or small
the funding required to address the water infrastructure needs
that the federal government admits are necessary and widespread.
On the other hand, watchdog groups say the bill’s impact could be
more far-ranging still, touching on issues of access and equity.
“We are alarmed by the implications of this bill, which would open
the doors to an increase in water public-private partnerships in
the U.S. and effectively subsidize water privatization,” Erin
Diaz, the director of Public Water Works!, a campaign at Corporate
Accountability International, told MintPress in a statement.
“The privatization of water systems around the globe has often
resulted in devastating results for the economy and people—rate
hikes, layoffs, labor abuses, environmental damage and public
safety risks—all while failing to invest in essential
infrastructure.”
In 2012, Diaz’s office published an exhaustive report on the
international experience of water privatization over the past two
decades. With a focus on the World Bank’s role in this issue and a
call for the multilateral lender to divest from private water
companies worldwide (it has yet to do so), the report undermines
the central rationale in favor of privatization: that corporate
efficiency leads to lower operating costs.
Such findings have come up repeatedly in the U.S., as well, with
surveys finding that investor-owned utilities in dozens of U.S.
states charge around one-third more than those owned by the
public.
Profit-driven systems also experience problems in deciding where
to extend service. Driven by profit rather than public access,
companies have at times proved reluctant, for instance, to provide
services in low-income areas or very small communities.
Indeed, Grant says this was one of the original reasons that U.S.
water infrastructure—much of which was originally privately
owned—was taken over by the public sector during the early
twentieth century. As this trend has reversed in some places over
recent decades, similar concerns have again cropped up.
“Though water privatization remains fairly rare, there has been a
lot of work on the part of private utilities trying to expand
their operations,” Grant said.
“In West Virginia, for instance, a private water utility has been
buying up other utilities, and the result has been smaller
households have struggled in attempts to force the company to
serve their areas. The company was also trying to cut back on its
investments after the state government wouldn’t allow the rate
increases it wanted to impose.”
Meanwhile, even as lawmakers are undercutting municipalities’
ability to raise money for water infrastructure from tax-exempt
bonds, lobby attempts have made some headway in pushing Congress
to remove legal caps on the levels to which bonds to fund private
activity would be allowed in the water sector. In mid-May,
senators formally proposed removing limits on what are known as
private activity bonds for water-related projects, prompting
applause from the National Association of Water Companies, a group
that lobbies on behalf of water companies.
Lifting these caps would “open the floodgates to financing water
privatization projects, effectively subsidized by taxpayers,”
Corporate Accountability International’s Diaz told MintPress.
“This interference, present at every level of government, is just
one small part of the private water industry’s strategy to expand
its market across the U.S.,” said Diaz. “The provisions in [the
Water Infrastructure Finance and Innovation Act] that could
provide public financing to private water are just one example of
the many policy avenues the private water industry pursues to
privatize water and weaken its greatest
competitor—publicly-controlled and democratically-governed water
systems.”