ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
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NACWA’s Bill Tracker provides a direct link to congressional websites where bill texts and summaries are posted. You can find NACWA letters, statements, alerts, updates and related documents under Legislative in the Member Pipeline section of the NACWA website. Appropriations & Funding
Congress Questions EPA Budget Cuts During Senate Hearing on Proposed 2009 BudgetRepublican and Democratic members of the Senate Environment and Public Works (EPW) Committee questioned EPA Chief Stephen Johnson during a Feb. 27 hearing on the Bush Administration’s fiscal year (FY) 2009 budget request, which would provide the U.S. Environmental Protection Agency (EPA) with $7.14 billion to fund its programs. Lawmakers criticized the administration for slashing funding for vital programs. Specifically, several committee members took issue with the $133.1 million cut the Clean Water State Revolving Loan Fund (CWSRF). Such a cut would be devastating, lawmakers said, to communities’ ability to meet their clean water needs. Johnson defended the budget, noting that it “proposes the largest enforcement budget ever and represents government at its best by helping EPA meet our environmental goals, while being responsible stewards of taxpayers’ dollars.” EPW Committee Chair Barbara Boxer (D-Calif.) responded that the budget “painted a picture of an [EPA] in crisis and showed no commitment to the nation’s waters.” Meanwhile, both the House and Senate Budget Committees passed, on straight party line votes, their respective versions of the FY 2009 federal budget. The $3 trillion blueprints set the parameters for appropriations spending and could restore some of the CWSRF funding. The packages also include funding for a second economic stimulus package. NACWA is working with key congressional staff to ensure this package contains funding for wastewater infrastructure and has provided information on ready-to-go projects gleaned from an informal survey of NACWA members done in January. NACWA Works with WEF to Restore NPB Funding in 2009NACWA has also made it a priority that funding in the amount of $1 million be included in EPA’s FY 2009 budget for the National Biosolids Partnership (NBP). Funding was not included in the EPA budget for either the current fiscal year or in FY 2007. Rep. Jim Moran (D-Va.) has agreed to sign onto a letter that will be sent to Reps. Norm Dicks (D-Wash.) and Todd Tiahrt (R-Kan.), the chair and ranking member, respectively, of the House Appropriations Subcommittee on Interior and Environment, which has jurisdiction over the EPA budget, urging that this critical funding be restored. NACWA has been working with the Water Environment Federation (WEF) to meet with congressional staff and ask members of the clean water community to urge their Representatives in Congress to sign the Moran letter. About 10-15 signatures are needed to maximize chances for restoring NBP funding. In addition, NACWA’s Board of Directors approved a resolution at its meeting during the Association’s Winter Conference in Phoenix calling on Congress to restore the $1 million in NBP funding. NACWA members who are involved in and/or are supportive of the NBP can find a template letter of support for more funding to send to their representatives in Congress on the Association’s website. One of the major hurdles for NBP funding is the common perception in Congress that support for the program will count against a lawmaker’s earmark allocation even though the NBP is a national program. House Speaker Nancy Pelosi (D-Calif.) has also floated the idea of replacing earmarks in the FY 2009 budget altogether with a large-scale infrastructure funding bill. House Appropriations Chair David Obey (D-Wis.) sent a survey this week to House members asking whether they supported a moratorium on all earmarked spending projects. It is not clear whether there is any real momentum to this approach or if it is simply a mechanism to call the bluff of earmark reformers, paving the way to continue with earmarks. NACWA will continue to work with WEF to ensure the $1 million earmark for the NBP is restored in FY 2009.
NACWA Meets with Key Senate Staff to Urge CWSRF ReauthorizationNACWA met Feb. 21 with senior staff of the Senate EPW Committee to push for the introduction of legislation to reauthorize the Clean Water State Revolving Fund (CWSRF). The legislation had been delayed due to staffing issues, but a bipartisan bill is expected to be introduced soon. Because the Senate EPW also has jurisdiction over drinking water, the reauthorization of the drinking water SRF will be considered simultaneously either as a separate title or a separate bill that will move with the CWSRF legislation. Davis-Bacon prevailing wage concerns and the formula for allocating funds among states are expected to be challenges with the Senate bill. NACWA was joined in the meeting by representatives from American Rivers, the Natural Resources Defense Council, and the Association of State and Interstate Pollution Control Administrators (ASIWPCA) to urge staff to clarify in the bill that green infrastructure projects qualify for SRF funding and include provisions to create incentives for CWSRF applicants to use green infrastructure techniques. The discussion reflected a letter NACWA sent to the committee Jan. 28 on these issues. NACWA also requested language in the bill calling for a Government Accountability Office (GAO) study on revenue sources for a trust fund to support ongoing efforts underway in the House. While congressional staff on the committee have been hesitant about including this language in the bill itself, a letter from Democratic leaders in the Senate EPW is also a possibility.
Rep. Earl Blumenauer Releases Draft Outline for Trust Fund BillReps. James Oberstar (D-Minn.), chair of the House Transportation and Infrastructure (T&I) Committee, and Earl Blumenauer (D-Ore.), a member of the House Ways and Means Committee, hosted the second in a series of discussions Feb. 27 to develop a strategy for moving clean water trust fund legislation, which both have acknowledged is a priority. Rep. Blumenauer champions a trust fund bill as a way to “renew and revitalize the American economy” and as part of an overarching infrastructure plan for the 21st century. He distributed an outline for the trust fund bill at the meeting that is based on draft Water Infrastructure Network (WIN) legislation from October 2005. The WIN draft also served as the basis for trust fund legislation introduced in the 109th Congress by Rep. John Duncan (R-Tenn.). Rep. Blumenauer reiterated his hope to move on this issue and begin an outreach effort to generate support with local lawmakers and community heads. He urged those in attendance to activate their local organizers and set up forums in each congressional district to facilitate conversations about water infrastructure and the need for a strong federal role in addressing the funding gap. Chairman Oberstar also reiterated his commitment to trust fund legislation, but does not want to introduce a bill until the Government Accountability Office (GAO) completes its study on potential revenue sources, which is due Jan. 15, 2009. He also insists that trust fund legislation should apply to wastewater infrastructure only. The House T&I Committee has jurisdiction over the Clean Water Act (CWA) and wastewater infrastructure while the House Energy and Commerce Committee oversees drinking water issues. The GAO study was requested in a Jan. 30 letter from Oberstar, Blumenauer, and Rep. Eddie Bernice Johnson (D-Texas), chair of the T&I Subcommittee on Water Resources & Environment. NACWA and the Water Infrastructure Network (WIN) have been working closely with Oberstar and Blumenauer and have provided significant input into the trust fund effort. Clean Water Act Jurisdiction
Revised Sewer Monitoring and Overflow Legislation Expected to be Released SoonNACWA expects the updated language for the Raw Sewage Overflow Community Right-to-Know Act (H.R. 2452) to be released soon. NACWA, representatives from American Rivers, and congressional staff finished up the negotiation process in February and are now waiting on the revised version of the bill. The legislation would require clean water agencies to monitor their systems for both combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs) while notifying the public when they occur. NACWA completed negotiations with American Rivers on bill language that does not put an unreasonable burden on municipalities. An in-depth analysis of the original bills can be found in NACWA’s Legislative Alert 07-03, and a description of the negotiations and agreed to language can be found in the February Legislative Update. Once the revised language has been incorporated through an amendment in the nature of a substitute (which will then replace the entire text of H.R. 2452), the new bill will be sent to the NACWA Board of Directors for review and a vote on whether or not to support the revised version. Climate Change
NACWA Weighs in on Congressional Climate Change EffortsIndustry cap-and-trade programs continue to form the centerpiece of the U.S. Congressional debate on how to address climate change. The issue is a priority for both the full Senate EPW and the Subcommittee on Transportation Safety, Infrastructure Security, and Water Quality, chaired by Sen. Frank Lautenberg (D-N.J.), who has expressed a strong interest in studying the link between climate change and its potential effects on water resources. NACWA has been working hard to articulate the important message that climate change is less about air quality and more fundamentally about water and has sent a letter outlining this to Sen. Barbara Boxer (D-Calif.) and Sen. James Inhofe (R-Okla.), chair and ranking member of the EPW Committee respectively. Lautenberg is considering a hearing this spring to focus on the link between climate change and water, and NACWA has requested an opportunity to testify. Meanwhile in December 2007, the Senate EPW Committee marked up America’s Climate Security Act of 2007 (S. 2191) which is discussed in detail in the December Legislative Update. However, because of the election year and a restricted schedule, passage of comprehensive climate change legislation is uncertain. It will be a key year for the water sector to position itself for the 2009 climate debate. NACWA will continue to meet with Senate staff to emphasize the critical link between climate change and clean water while ensuring the views of its members are part of the climate change discussion. Conferences & Meetings
Key Members of Congress and Top EPA Officials Headline May Policy ForumMany of the nation’s utility leaders and water quality professionals will meet in May during the 2008 National Clean Water Policy Forum sponsored by NACWA and the Water Environment Federation (WEF). The event will be held at the Renaissance Mayflower in Washington, D.C. and promises an outstanding agenda as Sen. Barbara Boxer (D-Calif.), chair of the Senate Environment & Public Works Committee; Reps. Jim Oberstar, chair of the Transportation & Infrastructure Committee and Earl Blumenauer (D-Ore.), member of the House Ways and Means Committee; EPA Administrator Stephen Johnson and Ben Grumbles, EPA assistant administrator for water, have all been invited as speakers. In addition, most of the Association’s Standing Committees will be meeting and the Policy Forum will feature joint NACWA-WEF Issues Forums to explore key funding, security and emergency preparedness, wet weather, and climate change issues. With the presidential and congressional elections in full swing, you will not want to miss the discussions of how the outcomes of these races could affect clean water policy for years to come. An updated agenda and registration material for the Policy Forum is now available on NACWA’s homepage (www.nacwa.org) by clicking on the Register Now icon. Be sure to reserve your hotel room today by contacting the Renaissance Mayflower Hotel at 202.347.3000 to guarantee the special conference rate of $285 single/double occupancy. Farm Bill
Conference Negotiations Continue on Farm Bill ReauthorizationHouse and Senate conferees continue to negotiate on the final funding levels for the conservation title of the Farm Bill that includes the Regional Watershed Enhancement Program (RWEP). Currently, there is a fairly definitive agreement among the conferees on a $10 billion increase over 10 years in spending for the new farm bill, but the White House is pushing to cut back these increases, especially for new programs within the conservation title such as RWEP. Conferees oppose the spending cuts, but it is not clear if they would be willing to pass a bill that is expected to be vetoed by the president. As a result, it is likely that before the two-week Easter recess and the expiration of the current Farm Bill on March 15, Congress will pass another extension of the current Farm Bill to give conferees more time to reach an agreement over how to allocate the $10 billion among programs. NACWA will continue to work with the Farm Bill coalition to ensure RWEP is included in the final agreement. SecurityChemical Security Bill Covering Water Sector Facilities Passes Out of House Committee The House Homeland Security Committee marked up and reported out the draft Chemical Facility Anti-Terrorism Act of 2008 in a party-line vote of 15-7 on March 6. The draft bill would reauthorize and make permanent the Chemical Facility Anti-Terrorism Standards (CFATS) issued in 2007and would, for the first time, cover water and wastewater utilities. DHS, not EPA, would have jurisdiction over the implementation of security requirements at clean water and drinking water agencies. The bill, H.R. 5577, was formally introduced by Rep. Bennie Thompson (D-Miss.) on March 13 and has been referred for consideration in both the House Homeland Security Committee and the House Energy and Commerce Committee. A summary (PDF) is available on the Committee on Homeland Security’s website. NACWA and other representatives from key water sector groups continue to insist that water and wastewater utilities be exempt from legislation intended for private chemical manufacturers and suppliers. The draft legislation places too much discretion in the hands of DHS, and decisions made under the bill’s “inherently safer technology” (IST) provisions could interfere with the utilities’ federally mandated obligations to protect the public health and environment pursuant to the Clean Water and Safe Drinking Water Acts. Congressional staff have been open to the water sector’s arguments and expressed a willingness to explore solutions to NACWA’s concerns within the current framework of the bill, but were unwilling to give a blanket exemption for the sector. The committee adopted two amendments during markup in an attempt to gain the support of public water sector utilities. The first would prohibit DHS from requiring IST for public water and wastewater facilities without providing full funding for such requirements, but the draft bill only allocates $100 million to cover these costs. The other amendment prohibits DHS from shutting down a public water or wastewater utility unless the continued operation of the facility presents a “clear and present danger” to homeland security. These amendments do little to address NACWA’s concerns and do not alter the Association’s belief that water and wastewater utilities should not be covered by security requirements intended for private sector chemical facilities. NACWA will now turn to a potential jurisdictional battle between the House Homeland Security Committee and the House Transportation & Infrastructure (T&I) Committee, which has traditionally exerted jurisdiction over wastewater infrastructure and the Clean Water Act. Rep. Albert Wynn (D-Md.), chair of the House Energy and Commerce Subcommittee on Environment and Hazardous Materials, which has jurisdiction over the Safe Drinking Water Act, has already exerted jurisdiction for drinking water facilities through a bill (H.R. 5533) introduced on March 5. NACWA is pursuing a similar strategy with staff on House T&I while reiterating its members’ position that EPA should retain jurisdiction for water sector security. If T&I assumes jurisdiction, it is likely that wastewater facilities will be stripped from the Chemical Facility Anti-Terrorism Act of 2008. NACWA has provided T&I Committee staff with the summary (PDF) of an October 2007 survey, sponsored by NACWA and other water sector organizations, providing aggregated responses from nearly 2,200 water and wastewater utilities regarding their use of chlorine gas and methods for securing their facilities and will continue to meet with members of the T&I Committee on this important issue.
NACWA Responds to Comments at Earlier HearingMeanwhile on March 5, NACWA sent a letter (PDF) to Reps. Bennie Thompson (D-Miss.) and Peter King (R-N.Y.), the chair and ranking member, respectively, of the full committee, in response to testimony from a Feb. 26 hearing on chemical security legislation. The letter explained why wastewater facilities should remain exempt from CFATS regulations and pointed out that utilities have already spent significant resources on voluntary measures to assess their vulnerabilities and secure their facilities. Moreover, the water sector continues to work with both the EPA and DHS on improving security methods and protocols and is viewed as a model for other industrial sectors. In the Senate, the Environment and Public Works (EPW) Committee is also expected to exert jurisdiction, although no security legislation has been introduced in the Senate. NACWA will continue to meet with key staff in both the House and Senate to urge an exemption for wastewater utilities and for EPA to retain its primary role in water sector security. |