This edition of the National Association of Clean Water Agencies’ (NACWA) Legislative Update, current through April 8, 2008, provides information on the activities of the 110th Congress of interest to the nation’s publicly owned treatment works (POTWs).  For more detailed information regarding NACWA activities related to specific legislation, please click on the web links in selected news items or contact Susie Bruninga at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it (202/833-3280) or Byron DeLuke at bdeluke@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it (202/833-4655).

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.

Top Story

NACWA Board of Directors Votes to Support Revised Sewer Overflow Bill

NACWA’s Board of Directors voted April 8 to support revised language for the Raw Sewage Overflow Community Right-to-Know Act (H.R. 2452), legislation to establish a national program for monitoring and reporting sewer overflows.  The negotiated language is the product of several months of discussions between NACWA, American Rivers and key staff from the House Transportation & Infrastructure (T&I) Committee and Rep. Timothy Bishop’s (D-N.Y.) office.  The Board vote allows American Rivers to reference NACWA as a supporter of the bill but does not bind the Association, or its members, to any advocacy on behalf of H.R. 2452 going forward.  NACWA and the Board recognize that even though the revised bill is not perfect, the agreed-upon language has improved upon the original legislation.  It is also vitally important for NACWA to be at the table in order to fully engage on this issue and further affect the legislation moving forward this year and next.

The revised language will be included as a substitute amendment for the original bill during the T&I Committee markup expected to be scheduled soon.  The timetable in the Senate is not as clear.  However, Senate staff have expressed a willingness to substitute S. 2080 with the agreed upon language and to potentially make further changes to the bill.  The legislation is not expected to move this year but is likely to gain traction once reintroduced in the 111th Congress.  T&I Committee staff have also suggested that H.R. 2452 could be included along with other pending environmental legislation as part of a large infrastructure funding package in 2009.  NACWA still feels these issues are best addressed through a comprehensive sanitary sewer overflow (SSO) rule that would not address the issues in piecemeal fashion but greatly appreciates the efforts by its members to work collaboratively with American Rivers and congressional staff on H.R. 2452.

Background
H.R. 2452 was introduced on May 23, 2007, by Rep. Timothy Bishop (D-N.Y.). The bill amends the Clean Water Act (CWA) to provide a uniform and national standard for notifying the public and reporting combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs).  On Oct. 16, 2007, the House T&I Subcommittee on Water Resources and Environment held a heard testimony on the bill from NACWA Treasurer Kevin Shafer, executive director of the Milwaukee Metropolitan Sewerage District, who supported the overall goals of the legislation and noted that many municipalities already have notification and reporting requirements that are more stringent than what is required by H.R. 2452.  He reiterated NACWA’s preference to see any monitoring and reporting requirements as part of a comprehensive sanitary sewer overflow (SSO) policy developed by EPA and outlined several concerns with certain provisions of the legislation.  American Rivers also testified at this hearing, strongly in favor of the bill, and Committee staff requested that American Rivers and NACWA seek to resolve their differences to the best of their abilities and work with the Committee on a revised bill.  This provided NACWA with a unique opportunity to impact the bill directly at a time when the shifting political landscape in Washington, D.C., makes such legislation increasingly likely to advance this year and in the 111th Congress.

NACWA’s Legislative Policy, Legal Affairs, and Facility & Collections System Committees provided the National Office with comments on both the original legislation and subsequent draft language.  American Rivers was receptive to these concerns and worked in good faith to address NACWA’s concerns.  The revised language adds needed flexibility and seeks to promote the preferable solution – a comprehensive sanitary sewer overflow program that addresses satellite collection systems.  It will ensure stronger protections for public health without putting an unreasonable burden on municipalities.  A detailed analysis of the changes to H.R. 2452 as a result of the NACWA/American Rivers negotiations can be found in NACWA’s Legislative Alert, LA 08-02.

Appropriations & Funding

NACWA Meets with Rep. Eddie Bernice Johnson to Discuss Funding Initiatives

NACWA and other members of the Water Infrastructure Network (WIN) met April 4th with Rep. Eddie Bernice Johnson (D-Texas), chair of the House Transportation and Infrastructure (T&I) Subcommittee on Water Resources and Environment, to update her on concerns about clean water infrastructure funding and urge her continued support for trust fund legislation.  Those attending the meeting thanked her for signing a letter in January along with Reps. James Oberstar (D-Minn.), chairman of the T&I Committee, and Earl Blumenauer (D-Ore.), of the House Ways & Means Committee, to the Government Accountability Office (GAO) requesting a study to evaluate viable revenue sources for a clean water trust fund, a critical step toward introducing trust fund legislation (see Feb. 1, 2008 Clean Water Current).  She has also expressed her desire to begin working on a trust fund bill, with a goal of having legislation introduced no later than next year.

Rep. Johnson said it is “a critical time for water” and indicated that she has met with House Speaker Nancy Pelosi (D-Calif.) and others on ways to fund water infrastructure needs.  She spoke of the need to address the wastewater infrastructure crisis both at the local level and at the regional level, such as in the Great Lakes and the Chesapeake Bay areas.  “Cleaning up these bodies of water is massive, massive job,” she said.  She also discussed the importance of educating the public about the value and role of clean water infrastructure.  NACWA will continue to work with Rep. Johnson and others on the T&I Committee to promote this critical issue and to support the introduction and passage of a clean water trust fund bill.

Rep. Earl Blumenauer Plans to Introduce Trust Fund Legislation In April
In related news, NACWA continues to provide input to the staff of Rep. Blumenauer on a clean water trust fund bill that his office is drafting.  The Congressman said that he is using the WIN legislation and associated summary first developed in 2005 as the basis for his bill and released an outline of the legislation during a meeting on March 13.  He intends to introduce a clean and safe water trust fund bill in May.  In addition, Rep. Blumenauer said he hopes to invigorate the conversation about water infrastructure and innovative ways to fund it while building momentum and support for a clean water trust fund as we move into the 111th Congress.

Beach Act

Lawmakers Praise Action on Beach Protection Act – Expect Passage In House

U.S. Sen. Frank R. Lautenberg (D-NJ) and U.S. Rep. Timothy Bishop (D-NY) joined this week to laud consideration of the Beach Protection Act of 2007, H.R. 2537, in the House of Representatives.  The Act, which was introduced by the two lawmakers in their respected chambers, would reauthorize the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 for fiscal years (FY) 2008-2012 and requires tough new rapid testing and public notification standards at the nation’s beaches.  The House began debate in early April and a vote is expected by the end of the week.  NACWA has learned during discussions with Rep. Bishop’s staff that H.R. 2537 will likely pass the House with strong bipartisan support.  No action has been scheduled in the Senate but EPW staff hope to take up the Senate bill, S. 1506, in the coming months.

The original BEACH Act required EPA to work with states to monitor waters and notify the public of any violations.  The reauthorization legislation increases annual grant money available to states from $30 million to $40 million in the House bill and $60 million in the Senate bill.  It also expands the scope of the grants to include pollution source tracking.  However, states would now be required to use the grants to develop and implement rapid testing methods for contamination.  Language in the bill does not define what specific testing methods are to be used, only that the term ‘rapid testing method’ means a method of testing for which results are available within two hours.  If this legislation passes, it could influence some of the issues being litigated in the related NRDC v. EPA case, in which NACWA is an intervener.   For a detailed analysis please refer to the November Legislative Alert (LA 07-05).

NACWA will work with congressional staff to address member concerns over the inclusion of rapid testing methods and to ensure funding levels are approved at the $60 million figure currently used in the Senate bill.

Clean Water Act Jurisdiction

NACWA Weighs In on Clean Water Act Jurisdiction Bill as Senate EPW Holds Hearing

The Senate Environment and Public Works (EPW) Committee held a hearing April 9, to discuss the Clean Water Restoration Act of 2007, S. 1870. The bill would codify the definition of “waters of the United States” currently found in the EPA and U.S. Corps of Engineers regulations to address confusion created by the Supreme Court decisions in Solid Waste Agencies of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, Rapanos v. U.S., and Carabel v. U.S. Army Corps of Engineers.  At issue is whether S. 1870, as introduced by Sen. Russ Feingold (D-Wis.), would simply preserve wetland protections under the Clean Water Act or expand them.  NACWA has set up several meetings with committee staff to discuss concerns with the bill and ensure that the manmade waste treatment exemption is incorporated into the Senate version of the bill.

On Nov. 2, 2007, NACWA sent a letter (PDF) to Rep. James Oberstar (D-Minn.), chair of the House T&I Committee, supporting the House version of the legislation, H.R. 2421, after negotiating an agreement to incorporate the manmade waste treatment exemption.  The inclusion of this exemption is critical because it covers many of the concerns NACWA members have raised regarding the potential of the bill to extend Clean Water Act jurisdiction to manmade wastewater and also stormwater facilities.  NACWA also reached an agreement with the T&I Committee that groundwater would continue to be deemed outside the bounds of the Act’s reach and will continue to seek language clarifying this point in the bill or in report language.

NACWA cited this agreement with Chairman Oberstar in a Dec. 13 letter to Sen. Barbara Boxer (D-Calif.), chair of the EPW Committee, urging the Senate to follow the House’s lead to incorporate the manmade waste treatment exemption.  NACWA will continue to urge Senate staff to incorporate the exemption into S. 1870 and will work closely with both T&I and EPW Committee staff to ensure that the legislative intent on issues of concern to NACWA members is clearly expressed on the record.

Conferences & Meetings

April 14 Hotel Deadline for NACWA/WEF Policy Forum Nears – Reserve Today!

The hotel deadline for the NACWA/Water Environment Federation (WEF) National Clean Water Policy Forum, May 4-7, 2008, is rapidly approaching.  Since this is an extremely busy season for hotels in Washington, D.C., we encourage you to reserve your hotel room as soon as possible.  To do so, please contact the Renaissance Mayflower Hotel at 202.347.3000 to guarantee the special conference rate of $285 single/double occupancy.

The presidential election is heating up, and congressional elections will be in full-swing soon.  There is no doubt that a change in administration will broadly impact wastewater treatment plants, with an increasing focus on issues ranging from climate change, sewer overflow notification, chemical security, nutrient removal, and pharmaceutical concerns — to name but a few.  To help put this all into political perspective, the Policy Forum will feature Stuart Rothenberg as the keynote speaker.  He is editor and publisher of The Rothenberg Political Report, a non-partisan political newsletter covering U.S. House, Senate, and gubernatorial campaigns, presidential politics, and political developments.  The Policy Forum will also feature key policymakers who will discuss their clean water priorities, which will have broad impacts on the clean water community.  Confirmed speakers include:  Rep. Eddie Bernice Johnson (D-Texas) and John Boozman (R-Ariz.),chair and ranking member respectively of the Transportation & Infrastructure Subcommittee on Water Resources and Environment; Rep. Earl Blumenauer (D-Ore.), of the House Ways and Means Committee; and Rep. Tim Bishop (D-N.Y.).  Agenda and registration material for the 2008 National Clean Water Policy Forum are available on NACWA’s homepage by clicking on the Register Now icon.

Farm Bill

NACWA Adds Voice to Key Members of Congress Calling Conservation Cuts Unacceptable

As the April 18 deadline for the current farm bill extension approaches and farm bill negotiators continue their tug-of-war over funding allocations, NACWA has joined several influential Representatives in seeking additional funding for critical conservation programs.  At an April 3 press conference, Reps. Ron Kind (D-Wis.), Jeff Flake (R-Ari.), Earl Blumenauer (D-Ore.), and Paul Ryan (R-Wis.) strenuously objected to the $1 billion cut to the previously announced $5 billion conservation increase in the modified farm bill funding framework announced in March.  NACWA sent a letter April 10 to Conference Committee chairs Collin Peterson (D-Minn.), Tom Harkin (D-Iowa), Bob Goodlatte (R-Va.), and Saxby Chambliss (R-Ga.) as well as House and Senate leadership that urges the committee to reconsider plans to increase ethanol production while simultaneously cutting funding for the conservation title.  Specifically the letter states that “is unconscionable that Congress would consider cutting funding for conservation programs while boosting incentives for corn and ethanol production, nitrogen-intensive practices that threaten to further degrade water quality.”

This drop in funding would jeopardize some of the major programs in the conservation title, including the Regional Water Enhancement Program (RWEP), which NACWA supports.  Under the current language, funding for RWEP projects is limited to not more than 5 percent of all conservation title programs, which includes the Environmental Quality Incentive Program (EQIP), the Wetlands Reserve Program (WRP), the Conservation Reserve Program (CRP), and others.  Any reduction in funding to the conservation title would amount to significantly less money for Farm Bill conservation programs that specifically name water and wastewater agencies as eligible partners.  NACWA and the coalition are working hard to have the final provision changed to reflect that at least 5 percent of these funds shall be used for RWEP and are hopeful that money will be shifted to ensure RWEP will receive at least the $60 million approved by the House.

Security

NACWA Urges Key House Committee to Assert Jurisdiction over Wastewater Security

NACWA sent a letter March 20 to Rep. James Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure (T&I) Committee, requesting that the committee assert jurisdiction over security issues at wastewater treatment plants.  The letter follows a meeting NACWA attended March 18 with key committee staff in which the Association discussed its concerns.   At issue is the Chemical Facility Anti-Terrorism Act of 2008 (H.R. 5577) introduced by Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee, in March.  A draft of the bill was reported out of the committee before it was introduced with amendments that seek to address some of NACWA’s concerns.  The bill would direct publicly owned treatment works (POTWs) to adhere to the same security requirements, issued in 2007, as private chemical companies.  Currently, POTWs are exempt from the so-called Chemical Facility Anti-Terrorism Standards (CFATS).

In the letter, NACWA argued that the House T&I Committee has traditionally held jurisdiction over wastewater infrastructure, the Clean Water Act, and related security needs.  “Clearly, any new legislation focusing on security at wastewater treatment facilities should fall under the oversight of the T&I Committee,” the letter said.   NACWA also pointed out serious concerns with H.R. 5577 including the potential to undermine work the Association, working through the Water Sector Coordinating Council (WSCC), has done with EPA and U.S. Department of Homeland Security (DHS) to develop protocols for addressing and managing security concerns at POTWs.  NACWA continues efforts to convince the House Homeland Security Committee that its wastewater utilities should be exempt from the bill and will also work with the House T&I Committee on jurisdictional concerns.

Minority Staff Push for House T&I Committee Jurisdiction on Wastewater Security

Following up on several positive meetings over the past weeks with majority staff of the House Transportation and Infrastructure (T&I) Committee over chemical security legislation, NACWA has also met with minority staff on the issue.  The minority staff said they would continue to push for jurisdiction and said that NACWA’s March 20 letter was very helpful and was being shared broadly among the committee’s members and staff.  NACWA has met individually with each of these staff members, and although it is highly unlikely that H.R. 5577 will pass this year, these discussions are critical in setting the stage for what will be a major issue in the 111th Congress.  As such, NACWA encourages its members to share the letter with their congressional members and push for an exemption from H.R. 5577.