» Update Archive

This edition of NACWA’s Legislative Update, current through September 30, 2012, provides information on the activities of the 112^th 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 or visit NACWA’s website.  Please contact NACWA’s Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics.

ISSUE AREAS

Congressional Update

With Congress in Recess until the Upcoming Elections, NACWA Turns Focus to 113^th Congress

Congress will remain in recess until after the November elections, halting action on pending legislation until the lame duck session and/or next Congress.  NACWA is taking advantage of this time to enhance its effective presence on the Hill and to carry key messages to Congressional staff who will help advance clean water legislation in the next Congress.  NACWA will also be following the elections closely, and will provide members with in-depth analysis on how the elections are likely to affect the clean water community.

Federal Budget

Congress Passes Continuing Resolution to Fund EPA and SRF Programs through March 2013

Congress passed a six-month Continuing Resolution (CR) that will keep the government funded at Fiscal Year (FY) 2012 levels until March 27, 2013.  This CR maintains funding for the Environmental Protection Agency (EPA), including the Clean Water and Safe Drink Water State Revolving Funds (CWSRF and DWSRF respectively), although monies will likely not be disbursed until Congress passes a final omnibus appropriations package next year.  

The CR funds the government at the agreed-upon level of $1.047 trillion as established in the Budget Control Act (BCA) of 2011, which was negotiated during the debt ceiling debate in August 2011.  The BCA also includes instructions for sequestration — the process whereby automatic across-the-board spending cuts will occur in most federal programs beginning January 2013 unless Congress reaches prior agreement on an alternative budget.  

The White House released its analysis of how sequestration will impact the budget for all federal agencies, including EPA.  The Administration’s analysis shows that EPA will see a reduction of approximately 8.2% below FY 2012 spending levels to $719 million. These cuts will occur more or less across-the-board and include an 8.2% cut to the CWSRF, which will be funded at $1.348 billion.  For more information on how sequestration is likely to affect the programs that NACWA tracks, please see the chart below.   More information on the sequestration can also be found in NACWA’s Advocacy Alert.

Meanwhile, the Senate Appropriations Committee released a draft FY2013 Interior Appropriations bill, to fund the U.S. EPA, Interior Department, and Forest Service at $29.7 billion in FY2013.  This is a 1.7 percent increase over current levels and about on par with the Obama administration's request.  The bill would increase EPA’s budget to $8,515,832,000, and funding for the CWSRF and DWSRF programs would also see a slight bump to $1,466,456,000 and $917,892,000,000 respectively.  The House-proposed spending levels for EPA and the SRFs are much lower than the Senate’s proposal with EPA slated to receive $7 billion and the CWSRF and SDWSRF programs targeted to receive $689 million and $829 million respectively.  

The Senate Appropriations bill will have to be conferenced with the House Appropriations bill if/when both chambers complete their work on an Interior, Environment and Related Agencies Appropriations bill, likely as part of an omnibus spending package.  These negotiations will also take place within the context of sequestration or under a new budget agreement should one be finalized before this current CR expires.

NACWA will continue to track developments on the Federal budget and report them to our members as they occur.   For more information on federal budget or appropriations, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Legislative Manager.

Farm Bill Reauthorization

Farm Bill Reauthorization Postponed Until After Elections

CONGRESSIONAL HEARINGS

• The House of Representatives Subcommittee on Water Resources and Environment held a September 20 hearing entitled Forty Years After the Clean Water Act: Is It Time For The States To Implement Section 404 Permitting? The hearing examined the potential for states to assume the lead role under the Clean Water Act dredge or fill (wetlands) permit program.  For more information on this hearing, please see the Committee’s website.

• The House of Representatives Subcommittee on Environment and the Economy held a hearing on September 11 on progress to date regarding the implementation of the  Department of Homeland Security’s (DHS)  Chemical Facility Anti-Terrorism Standards (CFATS) Program, which includes public water facilities.   For more information on this hearing, please see the Committee’s website.