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This edition of NACWA’s Legislative Update, current through June 1, 2011 provides information on the activities of the 112th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, click on the web links in selected news items, visit NACWA’s website, or contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

ISSUE AREAS

Association Meetings

NACWA Environmental Policy Forum Highlights the Association’s Many Advocacy Efforts

NACWA’s 2011 National Environmental Policy Forum took place during the week of May 9 in Washington, D.C., and underscored the influential role the Association continues to play in helping shape Congress’ clean water agenda.  The Policy Forum, which was cosponsored by sixteen state and regional clean water associations, showcased presentations from an array of high level policy-makers, including the Chief of the Natural Resources Conservation Service of the U.S. Department of Agriculture.  Perhaps the most vital component of the meeting, however, was the large number of public agency members who took the national clean water message on federal funding, regulatory prioritization, and the need to address nonpoint sources of pollution to their Members of Congress. It is estimated that NACWA members met with over 100 congressional offices and many of the Association’s public agency members reported positive reactions to the Association’s clean water agenda, including our Money Matters™ campaign.

Building on the success of our outreach, the Association is working to finalize a legislative proposal in support of the Money Matters effort, incorporating NACWA member comments received during the Policy Forum.  Our goal is to work with supportive Members of Congress to introduce the legislation prior to the August recess.  NACWA staff has already held a number of meetings on the Hill with potential co-sponsors.

The Money Matters™ message was also echoed in remarks provided by Rep. Bob Gibbs (R-Ohio), Chairman of the Water Resources & Environment Subcommittee, during NACWA’s Capitol Hill Reception, stating that the accumulation of regulations on the backs of industry and municipalities must be addressed.  Each of the congressional committee staff who participated in the Congressional Outlook 2011 panel also echoed the need to tackle a smarter approach to regulatory compliance under the CWA.

The Forum’s Capitol Hill Reception featured many distinguished guests including: Senator Jack Reed (D-R.I.), Chair of the Senate Interior & Environment Appropriations Subcommittee; Rep. Tim Bishop (D-N.Y.), Ranking Member of the Water Resources & Environment Subcommittee; and Rep. Russ Carnahan (D-Mo.) who received his National Environmental Achievement Award (NEAA) for Federal Public Service. All three urged NACWA to continue its strong advocacy for federal funding, noting that this year would be particularly difficult in terms of even protecting current levels of funding provided to the Clean Water State Revolving Fund (CWSRF).

During the Forum, a delegation of NACWA public agency members also met with Senator Sherrod Brown (D-Ohio) and Representative Steven LaTourette (R-Ohio) to present them with their NEAA awards for federal public service.  Brown, LaTourette, and Carnahan have all been stalwart supporters of increased federal funding, as well as the need for affordability reform and a new approach to regulatory prioritization in line with the Money Matters™ campaign.

Funding

Senate Dear Colleague Letter in Support of SRF Funding Gains Strong Bipartisan Support

In an effort to help safeguard funding for the Clean Water State Revolving Fund (CWSRF), NACWA worked with Senators Barbara Boxer (D-Calif.), James Inhofe (R-Okla.) and Benjamin Cardin (D-Md.) in circulating a "Dear Colleague" letter asking for continued federal investments in the CWSRF.

NACWA took a leadership role in developing the letter and ensuring its success once it was circulated in the Senate. Specifically, NACWA organized a municipal coalition, including members of the Water Infrastructure Network (WIN), to support the effort.  NACWA Executive Director Ken Kirk also sent a personalized note to all Senate offices asking for their support while emphasizing the importance of clean water funding to the municipal community and the economic, environmental and public health benefits such funding provides.  NACWA also sent Advocacy Alert 11-14 encouraging members to contact their Senate offices to support this effort.  Following the circulation of this Alert, NACWA worked with our members in specific states to target Senate offices that were likely to sign on to the letter.  This overall approach worked well as the letter gained the support of over 30 Senators including 5 Republicans — Sen. Inhofe, Sen. Crapo (Idaho), Sen. Snowe (Me.), Sen.  Boozman (Ark.) and Sen. Thune (N.D.).  This was just one of many efforts in recent months that NACWA has undertaken to safeguard the CWSRF from excessive cuts in the Fiscal Year (FY) 2011 and 2012 appropriations process.

NACWA Presses Key Appropriators in House, Senate on CWSRF Funding for Fiscal Year 2012

In addition to NACWA’s efforts in building support for the SRF “Dear Colleague” letter mentioned above, NACWA also sent correspondence to Senator Jack Reed (D-R.I.) and Lisa Murkowski (R-Alaska) , Chairman and Ranking Member of the Senate, Interior, Environment and Related Agencies Subcommittee respectively, urging their support for funding the CWSRF at a level no less than the $1.5 billion that was requested in the President’s FY 12 budget.  In addition, NACWA advocated strongly for the continuance of the additional subsidization and green reserve provisions in the CWSRF.  NACWA sent similar correspondence to Congressmen Harold Rodgers (R-Ky.) and Norm Dicks (D-Wash.) , Chairman and Ranking Member of the House Appropriations Committee, as well as all members of the House Appropriations Committee.

NACWA fought hard to obtain the additional subsidization language in the American Recovery and Reinvestment Act (ARRA) as well as in subsequent appropriations cycles. The language provide states the flexibility to provide negative interest loans, principle forgiveness, and in some case direct grant financing for communities that would benefit from this type of assistance.  During a meeting with staff from the Senate Interior, Environment and Related Agencies subcommittee, NACWA and our public agency members learned that states would prefer to see this requirement removed from the appropriations language.  NACWA will continue to work to safeguard this language so the nation’s most financially vulnerable communities and utilities can continue to have access to low-cost financing as they struggle to emerge from the economic downturn.

NACWA Continues Support for National Water Quality Assessment Program

During May, NACWA joined over 25 organizations supporting the U.S. Geological Survey’s National Water Quality Assessment (NAWQA) Program in correspondence sent to the Chairman and Ranking Member of the House and Senate Interior, Environment and Related Agencies Appropriations Subcommittee.  The letter asks the leaders to strongly consider providing at least $66.5 million for the program in FY 2012, in line with the program’s enacted level in FY 2010.  The President’s FY 2012 budget request only seeks $57.1 million for the program, representing a decrease of $9.4 million from FY10 levels.  The letter argues that for over a decade presidential budget proposals and congressional appropriations have not kept pace with inflation, significantly curtailing the program’s ability to provide the long-term, nationally consistent information on water quality conditions and ecosystem health originally envisioned under the program.  To view the letter please visit NACWA’s website .  NACWA will also be hosting a meeting of the coalition at its offices this week to discuss a legislative strategy on the Hill to support the NAWQA Program, which includes grant money for cooperative water quality and quantity monitoring and assessment projects with municipal entities, including many of the Association’s public clean water agency members.

Farm Bill Reauthorization/Nutrient Issues

NACWA Advocacy Gets Funding Boost; Continues Work on Policy and Research Front

This month, NACWA learned that it was awarded a grant by the Turner Foundation in support of our advocacy efforts on the Farm Bill.  Turner is awarding NACWA $50,000 to complete a white paper examining the nutrient control issue from an urban ratepayer perspective, and to complete a plan for a broader campaign focused on reducing nutrient run-off from agricultural lands.  The Turner Foundation is particularly interested in boosting the voices of the municipal water and wastewater community in the debate over nutrient reductions from farms.  NACWA hopes that the Turner Foundation will be the first of many foundations interested in supporting our work in this area.

As part of this foundation grant, an effort is underway to develop a white paper examining the costs of nutrient removal at water and wastewater treatment utilities versus the cost of reducing nutrient run-off at the farm.  The white paper is being researched and written by Ken Rubin, an engineer with a strong background in economics with whom NACWA has worked in the past.  NACWA members serving on NACWA’s workgroup for the Farm Bill are also serving on a review team for the white paper.  The white paper should be completed by September 1 and NACWA will distribute it at that time to the full membership.

NACWA staff also continued to work with stakeholders as part of a broader coalition to develop specific policy proposals for the Farm Bill.  The proposals will likely focus on more effectively using agricultural conservation programs to support nutrient control, integrating nutrient management in farm safety net programs, and strengthening monitoring and data collection for better nutrient management.  NACWA anticipates rolling out specific proposals before Congress’ August recess.

In the meantime, Congress is slowly turning its attention to the Farm Bill with hearings starting in the Senate.  The House has yet to engage on the Farm Bill, other than to continue hearings on the overall economic outlook for the agricultural sector.  However, Congress has indicated that it intends to identify $3 billion worth of savings in the federal budget by cutting agricultural programs, including conservation programs, farmer safety net programs and nutritional programs, including food stamps.  NACWA signed a letter last week along with other conservation organizations urging Congress to support maintaining robust funding for conservation programs such as the Environmental Quality Incentives Program and the Conservation Stewardship Program.  These programs are the main conservation programs that support best management practices to reduce nutrient run-off on the farm.

Natural Gas Hydraulic Fracturing

NACWA Hosts Meeting on Hydraulic Fracturing for Municipal Sector

During the month, NACWA hosted John Hanger, former Secretary of the Department of Environmental Protection (DEP) in the Commonwealth of Pennsylvania, to discuss hydraulic fracturing and the potential impacts this activity can have on water quality, including treatment of produced hydraulic fracturing wastes by public clean water agencies.  Joining NACWA for the discussion were representatives from the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), and the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA).

Hanger, who oversaw DEP’s regulatory efforts during the hydraulic fracturing boom in Pennsylvania indicated that the treatment and disposal of hydraulic fracturing fluids by clean water agencies will likely cease in the near future due to industry developments and implementation of new technologies.  During his remarks, Hanger provided a briefing on the phases of natural gas recovery, including hydraulic fracturing, and his views on the environmental impacts each stage can have on water resources and the environment.  Hanger explained  that from his perspective the largest risk to water quality comes from surface level drilling activities not associated with actual hydraulic fracturing.  Hanger stated that most violations that resulted in compromised water quality were due to poor well casings which resulted in gas migration into private drinking water supplies.  He indicated that public water supplies in Pennsylvania to date had not been affected by drilling activities, incidents of private well contamination were isolated, and his experience showed that many of these incidents can be averted by having a well-designed and strongly enforced regulatory structure in place to oversee these activities.

Pennsylvania was unique in utilizing clean water agencies to treat produced hydraulic fracturing water as most states require these produced fluids to be injected in underground wells.  Given this, and the development that clean water agencies in Pennsylvania are prohibited from accepting these wastes after May 17, 2011, there does not seem to be a major impact on NACWA members from fracking-related issues at this time.  NACWA will continue to monitor developments in regards to this issue.

RECENTLY INTRODUCED CONGRESSIONAL LEGISLATION

• Representative Bill Pascrell (D-N.J.) introduced The Sustainable Water Infrastructure Investment Act of 2011 (H.R. 1802) on May 10, 2011 to amend the Internal Revenue Code of 1986 to lift  the volume cap on private activity bonds  for  water and sewage facilities.  The legislation has the following cosponsors: Representative Geoff Davis (R-Ky.), Representative John Duncan (R-Tenn.), and Tim Holden (D-Pa.).

• Senator Robert Menendez (D-N.J.) introduced The Sustainable Water Infrastructure Act of 2011 (S.939) on May 10, 2011 — the Senate counterpart to H.R. 1802 above.   The legislation has the following cosponsors: Senator Mike Crapo (R-Idaho) and Senator Roger Wicker (R-Miss.).

• Representative Tim Murphy (R-Pa.) introduced the Infrastructure Jobs and Energy Independence Act (H.R. 1861) to greatly enhance America’s path toward energy independence and economic and national security, to conserve energy use, to promote innovation, to achieve lower emissions, cleaner air, cleaner water, and cleaner land, to rebuild our Nation’s aging roads, bridges, locks, and dams, for other purposes.

• Senator James Inhofe (R-Okla.) introduced The Comprehensive Assessment of Regulations on the Economy Act of 2011 (S. 609) on April 17, 2011 to provide for the establishment of a committee to assess the effects of certain Federal regulatory mandates, including EPA regulations.  Senator Mike Johanns (R-Neb.) is currently the only cosponsor for S. 609.

• Senator James Inhofe (R-Okla.) introduced S.999 on May 16, 2011 to amend the Safe Drinking Water Act to prevent the enforcement of certain national primary drinking water regulations unless sufficient funding is available for small drinking water systems.  The legislation has the following five Senate cosponsors: John Boozman (R-Ariz.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), James Risch (R-Idaho), and David Vitter (R-La.).

• Representative Candice Miller (R-Mich.) introduced The Drug Free Water Act of 2011 (H.R.1677) on May 2, 2011 to direct the Administrator of EPA to convene a task force to develop recommendations on the proper disposal of unused pharmaceuticals, and for other purposes.

• Representative Betty Sutton (D-Ohio) introduced The Keep American Jobs for Going Down the Drain Act (H.R.1684) on May 3, 2011 to require the use of American iron, steel, and manufactured goods in the construction, alteration, and repair of public water systems and treatment works.  There are currently 31 listed cosponsors of H.R.1684.

• Senator Ben Cardin (D-Md.) introduced The Safe Treatment of Polluted Stormwater Runoff Act (S.898) on May 5, 2011 to amend title 23, United States Code, to direct the Secretary of Transportation, in consultation with the Administrator of the U.S. Environmental Protection Agency, to establish a comprehensive design standard program to prevent, control and treat polluted stormwater runoff from federally funded highways and roads, and for other purposes.

• Senator Ron Wyden (D-Ore.) introduced S.1033 on May 19, 2011 to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the City of Hermiston, Oregon water recycling and reuse project, and for other purposes.

• Representative John Sullivan (R-Okla.) introduced The Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 (H.R. 1705) which seeks to establish a Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States to analyze and report on the cumulative and incremental impacts of certain rules and actions of EPA. The legislation currently has 28 co-sponsors.

KEY CONGRESSIONAL HEARINGS

• The Senate Agriculture, Nutrition & Forestry Committee held a hearing on May 26, 2011 to begin discussions about the ideas and considerations that are needed to begin development of the next Farm Bill.  For more information regarding this hearing, please go to the Committee’s webpage.

• The U.S. House of Representatives Transportation and Infrastructure (T&I) Committee held a hearing on May 4, 2011 to examine stimulus failures, oversight lapses, mismanagement of funds & lack of transparency. For more information regarding this hearing, please go to the Committee’s webpage.

• The U.S. House of Representatives Science, Space, and Technology Committee held a hearing on May 11, 2011 on the review of hydraulic fracturing technology and practices.  For more information regarding this hearing, please go to the Committee’s webpage.

• The U.S. Senate Committee on Finance held a hearing on May 17, 2011 on financing 21st Century infrastructure projects on transportation, water and energy to boost the U.S. economy and fix the country’s crumbling infrastructure.  For more information regarding this hearing, please go to the Committee’s webpage.

• The U.S. House of Representatives Oversight Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform held a hearing on May 25, 2011 on the unfunded mandates, regulatory burdens, and the role of the U.S. White House Office of Information & Regulatory Affairs. For more information regarding this hearing, please go to the Committee’s webpage.