» Update Archive

This edition of NACWA’s Legislative Update, current through February 7, 2013, provides information on the activities of the 113^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

Congress Passes $60 Billion Aid Package for Victims of Hurricane Sandy

On January 15, by a vote of 241 to 180, the U.S. House of Representatives passed a $50.7 billion emergency spending package aimed at helping those devastated by Hurricane Sandy. The bill includes funding to help water and wastewater utilities in New York and New Jersey undertake measures to build resiliency against future natural disasters. The bill’s baseline measure provides roughly $17 billion for immediate recovery efforts, including funds directed to transit systems in New York and New Jersey, and to the Federal Emergency Management Agency's disaster relief fund. The House also voted on 13 amendments to the relief bill, the largest of which was proposed by Congressman Rodney Frelinghuysen (R-NJ) and adds $33.67 billion in additional aid for long-term recovery efforts. Frelinghuysen’s amendment includes $500 million in funding for the Clean Water State Revolving Fund (CWSRF) and $100 million in funding for the Drinking Water State Revolving Fund (DWSRF) to enhance wastewater and water treatment system resiliency to future extreme weather events in the states of New York and New Jersey.

To get the recovery money released as quickly as possible, on January 28, the Senate adopted the same measure by a vote of 62-36, sending the bill to the President’s desk where signed it on January 29. This bill, coupled with the $9.7 billion bill passed earlier in January for the National Flood Insurance Program to handle claims related to the storm, brings the total recovery package to $60.4 billion, the amount the Obama administration originally requested.

This is the first time Congress has provided any funding to enhance utility preparedness and it sets an important precedent for future recovery bills. Unfortunately Sandy caused severe damage to many wastewater utilities in the Northeast and revealed the vulnerabilities of the nation’s water and wastewater systems to the impacts of climate change. NACWA will be urging Members of Congress to support The Water System Resiliency and Sustainability Act, which would provide assistance to water supply, wastewater, stormwater, and flood management agencies to help them build more resilient systems to extreme weather. Sponsors of this legislation include Representative Lois Capps (D-CA) and Senators Harry Reid (D-NV), Barbara Boxer (D-CA) and Ben Cardin (D-MD).

New Committee Assignments Made for 113th Congress

As the 113th Congress commences, new committee assignments have been made to account for more than 80 new Members of Congress new to Washington, D.C. On the House side, there are several changes to key committee Chairs, including Representative Bill Shuster (R-PA), who will be heading up the Transportation and Infrastructure (T&I) Committee. Shuster has been a longtime supporter of efforts to improve the condition of the country’s infrastructure, including water infrastructure, and NACWA looks forward to further strengthening its relationship with him and his office. Representative Nick J. Rahall, II (D-WV) will continue to serve as the Ranking Member on the T&I Committee. Representative Bob Gibbs (R-OH) and Representative Tim Bishop (D-NY), who currently serve as Chair and Ranking Member of the House Water Resources & Environment Subcommittee, will remain in their posts. A full list of members on the T&I Committee and Water Resources & Environment Subcommittee can be found here.

On the Senate side, new committee assignments have been proposed and are awaiting full Senate confirmation which is expected soon. Senator Ron Wyden (D-OR) will succeed retired Chairman Jeff Bingaman (D-NM) as Chairman of the Energy and Natural Resources (ENR) Committee, and David Vitter (R-LA) will serve as the new Ranking Member on the Senate Environment and Public Works (EPW) Committee. Senator Barbara Boxer (D-CA) will remain Chairwoman of the EPW Committee, and Senator Ben Cardin (D-MD) will remain Chairman of the Subcommittee on Water and Wildlife. New members of the EPW Committee will include Senators Deb Fischer (R-NE) and Roger Wicker (R-MS). New members of the ENR Committee will include Senators Lamar Alexander (R-TN), Jeff Flake (R-AZ), and Tim Scott (R-SC). We will continue to keep members informed of any updates on the new Congress as they occur.

Budget and Funding

Congress Reaches Deal on Fiscal Cliff; Farm Bill is Extended Nine Months

After weeks of tense negotiations, Congress enacted The American Taxpayer Relief Act of 2012 at the beginning of January, delaying across-the-board spending cuts, known as sequestration. Sequestration cuts, which would cut up to 5.1% of federal agency budgets including that of the U.S. Environmental Protection Agency (EPA), are delayed to March 1 unless Congress acts on a new spending plan before then. In exchange for this delay the Administration agreed to identify $24 billion in savings throughout the federal budget. While the package contained several tax reform items, the package makes no changes to the tax exempt status of municipal bonds.

In addition to dealing with the impending sequestration cuts, Congress will need to pass a Fiscal Year (FY) 2013 spending bill to keep the federal government funded through the end of this year. Last September, Congress passed a six-month Continuing Resolution that will keep the government funded at FY 2012 levels until March 27, 2013. If a new agreement is not reached by that time, the government could face a possible shutdown.

As part of the fiscal cliff package, Congress included a nine-month extension of the Farm Bill, which continued current funding levels for many conservation programs, but made none of the policy changes that were recommended in proposals passed in the Senate and House Agricultural Committees, including those related to nutrient management. Senator Stabenow, Chairwoman of the Senate Agriculture Committee, is urging action on the legislation this year. NACWA will keep its members informed when those negotiations begin.

NACWA will continue to track developments on the Federal budget and report them to our members as they occur.

Wet Weather, Integrated Planning and Affordability

NACWA Wet Weather Task Force releases The Wet Weather Community Sustainability Act

NACWA’s Wet Weather Task Force released a legislative proposal to help address peak wet weather challenges faced by communities. The Wet Weather Community Sustainability Act  would authorize EPA to modify secondary treatment standards to allow clean water agencies and collections systems with an approved wet weather management plan to utilize alternative peak wet weather treatment technologies and management approaches in lieu of meeting secondary treatment requirements for peak wet weather flows. Within twelve months of enactment, the legislation would require EPA to issue information and guidelines for the types of alternative technologies and management approaches that are available, including alternative treatment methods, collection system operation and maintenance programs, as well as monitoring and reporting systems. The guidelines would also provide information on how to determine the wet weather conditions during which these alternative methods would be allowed. Wet weather management plans would be based on these guidelines.

In addition, the legislation would codify a State’s discretionary authority to develop wet weather water quality standards and, importantly, require EPA to issue guidance to States to help them develop wet weather water quality standards. Though States already have the discretion to develop wet weather water quality standards, by reinforcing this authority in the Act and requiring EPA to come forward with technical information about how wet weather water quality standards can be established, the legislation provides an important tool to encourage and facilitate State development of these types of standards.

The Wet Weather Community Sustainability Act offers both a technology-based and a water quality-based approach to help municipalities manage peak wet weather events in a cost-effective manner that is protective of both the environment and public health. This approach is consistent with the requirements for handling dry weather flows under the CWA and one that NACWA believes will appeal to policy-makers in Washington, D.C.

NACWA is reaching out to Members of Congress who may be interested in co-sponsoring the legislation, which we hope can happen within the first half of this year.

Congressional Support Builds for Integrated Planning and Clean Water Affordability Act

We are working with Senator Sherrod Brown (D-OH) to reintroduce S. 2094, The Clean Water Affordability Act  with bi-partisan co-sponsors early this Congress. Senator Brown is quite interested in moving forward with this legislation and NACWA is discussing co-sponsorship opportunities with Senator Roy Blunt (R-MO), Senator Claire McCaskill (D-MO) and Senator John Portman (R-Ohio). We also plan to reach out to Senator John Boozman (R-AR) and Senator Kristen Gillibrand (D-NY) to see their support as well. Some of the key items included in this legislation are codification of integrated planning, extended permit terms and requiring revision of EPA’s 1997 CSO: Guidance for Financial Capability Assessment and Schedule Development. In addition, NACWA is working with Senator Boxer, Chair of the Environment and Public Works Committee and Senator Sherrod Brown to secure funding to support Integrated Planning pilot projects in the FY14 EPA budget.

NACWA Website

NACWA Launches New Congressional Toolbox

NACWA recently launched a new Congressional Toolbox feature on its website to support and enhance NACWA member outreach to Congressional representatives. The Toolbox contains updated factsheets on all of NACWA’s legislative work regarding integrated planning, water infrastructure needs, funding and financing for water infrastructure, climate change resiliency, increasing energy generation from the wastewater sector, and the Farm Bill. There is also a step-by-step guide on how to find and contact your Members of Congress to set up meetings and discuss the issues of most concern to you. Please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any feedback and/or suggestions for additional factsheets you would find useful.

This Toolbox comes in conjunction with a more concerted NACWA effort to encourage more public utility members to arrange regular visits and facility tours with their Senators and Representatives — both in Washington, D.C. during NACWA’s National Environmental Policy Forum, and in their home districts. On Wednesday, Ken Kirk, NACWA’s Executive Director, sent a letter  to all NACWA public agency members launching this initiative and explaining how greater communication with elected officials will help ensure Congress prioritizes a clean water agenda. For assistance arranging these Congressional meetings, please contact Claire Moser at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

RECENTLY INTRODUCED LEGISLATION

• Senator John Kerry (D-MA) introduced S. 3691, The Strengthening the Resiliency of Our Nation on the Ground (STRONG) Act, which would require the White House Office of Science and Technology Policy to chair an interagency working group to evaluate the federal government's current extreme-weather resiliency activities and develop a plan to better support resiliency efforts at the state and local government level over the short and long term. Co-sponsors include Senators Kristin Gillibrand (D-NY) and Frank Lautenberg (D-NJ).