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DEC explains water programs, primacy questions and expanded village eligibility for assistance
Summary
The Department of Environmental Conservation told the House Resources Committee on Jan. 29 that its Division of Water administers low‑interest loans and other assistance for community water and wastewater projects and is monitoring federal guidance following the Supreme Court’s Sackett decision on waters‑of‑the‑United‑States.
The Department of Environmental Conservation’s Division of Water briefed the House Resources Committee on Jan. 29 about financing and regulatory programs that support drinking‑water and wastewater projects across Alaska.
Commissioner Emma Pocan said the facilities program provides low‑interest loans and sometimes forgivable funds from the state revolving fund to help communities build or improve water and wastewater systems. Pocan told representatives that DEC’s integrated report on water condition (the 2024 integrated report) is available and that monitoring results drive impairment listings and follow‑up planning.
Pocan discussed the Supreme Court decision (referred to in testimony as the Sackett decision) and its implications for the definition of “waters of the United States” and federal jurisdiction. She said there has been piecemeal guidance from EPA and Corps headquarters and that some jurisdictional determinations are being escalated to Corps headquarters; overall she said there is not yet an overarching, state‑level guidance document from EPA and the Corps and that DEC is tracking developments and raising questions about clarity for landowners and permit applicants.
The commissioner also noted a recent statutory change that expanded the population threshold for the Village Safe Water program, enabling some communities that were previously ineligible to receive DEC technical and financial support; she said DEC would provide the committee with a list of current projects, funding status and which newly eligible communities are receiving assistance.
Representative Mears and others asked about the status of EPA guidance and whether the state would seek primacy for additional federal programs; Pocan said DEC has the statutory authority to seek primacy of programs such as Section 404 (Corps permit program) but budget constraints have limited implementation to date and that federal programs remain available if the state does not implement them.
Ending: DEC agreed to provide the committee a project list and status updates, and to continue coordinating with partner agencies on funding and technical assistance.
