» Update Archive

This edition of NACWA’s Legislative Update, current through April 8, 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 Continuing Resolution to Avert Federal Shutdown

Congress passed a Continuing Resolution (CR) that averted a federal shutdown and keeps the government funded at Fiscal Year (FY) 2012 levels through September 30. The CR incorporates the lower spending levels required under sequestration but provides flexibility to a number of agencies programs in an effort to avoid some of the worst impacts of the automatic sequestration cuts. Funding for the Clean Water and Drinking Water State Revolving Fund (SRF) programs was reduced in the CR. The Clean Water SRF will be reduced to $1.441 billion from $1.469 billion, and the Drinking Water SRF will be reduced to just over $898 million from $919 – these figures incorporate sequestration as well as additional reductions. With funding for FY 2013 secured, Congress is now turning its attention to the FY 2014 budget. NACWA will be advocating against further cuts to the SRF program and will continue to track developments on the Federal budget as they occur.

Water Resources Development Act Approved in Senate Committee

The Senate Environment & Public Works Committee unanimously approved the Water Resources Development Act (WRDA) on March 20, a bill that would authorize projects in 18 infrastructure categories for the U.S. Army Corps of Engineers. The bill also includes a pilot version of the Water Infrastructure Finance & Innovation Act (WIFIA) with project funding being overseen partially by the Army Corps of Engineers and EPA. WIFIA is designed to fund large water projects that are regionally significant. The pilot WIFIA program in the WRDA bill could be used to finance a variety of water infrastructure projects each of which would have to meet a minimum cost threshold of $20 million. Total authorization for the pilot program is $50 million. NACWA is supportive of this new water infrastructure funding tool, but remains steadfast in its belief that WIFIA must not come at the expense of the State Revolving Fund program. The bill is expected to go to the full Senate for a vote in late April or May.

Wet Weather, Integrated Planning and Affordability

Howard Neukrug Testifies for NACWA at House Appropriations Subcommittee Hearing

On March 13, Howard Neukrug, Water Commissioner of the Philadelphia Water Department and a member of NACWA’s Board of Directors, testified on behalf of NACWA at a House Appropriations Subcommittee on Interior, Environment and Related Agencies oversight hearing examining water and wastewater infrastructure financing needs with a focus on the Drinking Water and Clean Water State Revolving Fund Programs. The hearing was chaired by Representative Mike Simpson (R-ID) who touted in his opening statement his support for the idea of establishing a clean water trust fund and his co-sponsorship of legislation last Congress with Representative Earl Blumenauer (D-OR) to do so.

In his testimony, Neukrug advocated for a continued robust federal commitment to providing financial support for meeting obligations under the Clean Water Act and encouraged the Subcommittee to avoid any reduction or elimination of the tax exempt status for municipal bonds. He also discussed policy proposals that can help communities prioritize infrastructure investments to ensure the greatest water quality outcomes, and pointed to his agency’s green infrastructure program and innovative financing efforts as the type of new thinking that is transforming the landscape of the clean water sector. Additional witnesses included representatives from EPA, the Government Accountability Office, the U.S. Water Alliance, the American Water Works Association, and the National Association of Water Companies. Neukrug’s testimony is available here.

NACWA Briefs EPA Leadership on Wet Weather Proposal

NACWA staff met with Nancy Stoner, Acting Assistant Administrator for Water and Randy Hill, Acting Director for the Office of Wastewater Management in March, to provide them with a detailed briefing of NACWA’s legislative wet weather proposal and the flexibilities it would provide to wastewater treatment utilities and collections systems for managing peak wet weather events should Congress enact it. NACWA has also begun discussions with key members on Capitol Hill about the proposal and shared it with various stakeholder groups around town. NACWA believes the proposal provides a consistent framework for managing wet weather as is required for managing dry weather flows and will receive serious consideration from policy makers in D.C. NACWA incorporated the 8th Circuit Court of Appeals ruling into its wet weather proposal to codify that application of secondary treatment standards apply at the final point of discharge.

Legislation Introduced to Prohibit Blending in the Great Lakes

Senators Dick Durbin (D-IL) and Mark Kirk (R-IL) in the Senate and Representatives Daniel Lipinski (D-IL) and Randy Hultgren (R-IL) in the House of Representatives introduced S. 571 and H.R. 1185, The Great Lakes Water Protection Act, a bill to prohibit blending from wastewater treatment facilities into the Great Lakes although it would allow bypasses to occur as long as they meet secondary treatment standards at the end of pipe. While NACWA does not anticipate this bill to move, we will provide members with updates as they become available.

NACWA Continues Affordability Work, Seeks Appropriations to Develop Integrated Planning Pilot Program

NACWA is working to secure funding in the Fiscal Year 2014 EPA Appropriations bill for integrated planning pilot projects, which would provide support to communities that want to pursue integrated planning locally. NACWA’s proposal includes $5 million in grants to clean water utilities or stormwater agencies to develop and seek approval for integrated plans. Three to five communities in each of EPA’s 10 regions would be selected, with the funds awarded on a 50-50 (federal/municipal) cost-share basis. NACWA is hopeful that this pilot program will spur greater adoption of integrated planning and provide communities who are interested in the approach with useful examples of successful plans and model programs. Spearheading the effort is Senator Sherrod Brown (D-OH) in the Senate and Representative Bob Gibbs (R-OH) in the House of Representatives.

NACWA is also working to advance two pieces of legislation central to NACWA’s affordability work: The Clean Water Affordability Act (CWAA), which was introduced last Congress by Senator Brown, and NACWA’s Wet Weather Community Sustainability Act.

The CWAA would do four things: reauthorize the Wet Weather Grants Program to provide funding to wastewater treatment plants to deal with sewer overflow issues; codify Integrated Planning and extend EPA permit terms up to 25 years for communities with an approved plan in place; encourage use of green infrastructure for managing wet weather; and require EPA to revise guidance on determining a community’s financial capability to meet Clean Water Act obligations. Representative Bob Latta (R-OH) is working on similar legislation by the same name in the House of Representatives. NACWA hopes to see both of these bills introduced this spring and will be working to mobilize broad support.

NACWA is working with co-sponsors of the affordability legislation to incorporate the Wet Weather Community Sustainability Act. We are discussing co-sponsorship of the Senate proposal with a number of bi-partisan Senators including Claire McCaskill (D-MO), Rob Portman (R-OH) and Roy Blunt (R-MO).

National Environmental Policy Forum

Legislative, Regulatory, and Legal Developments Featured at NACWA’s Policy Forum

NACWA’s National Environmental Policy Forum, April 21 – 24 in Washington, DC, is the ideal setting to access the latest legislative, regulatory, and legal developments and meet federal policy makers in the Nation’s capital. With over 100 new members of Congress, and many new staff at the top levels of key federal agencies, now is the time to come to Washington, make sure your voice is heard, and build lasting relationship with your Congressional delegation. We invite you to make your plans today to join us in Washington. An agenda, registration and additional information is available on the NACWA website.

Original Clean Water Act Authors Featured at Policy Forum

This year’s Utility Executive Forum will focus on the early Clean Water Act – Congressional intent, implementation, and interpretation – and how the Act could be improved to ensure another 40 years of continuous water quality improvement. We’ll hear from authors of the original bill, as well as current practitioners about what policy reforms should be considered to strengthen the Act’s effectiveness and support utility leaders’ efforts to transform their agencies into the utilities of the future.

Meet with your Congressional Delegation

NACWA has also set aside time on the agenda for members to meet with their Congres¬sional delegations to raise issues of signifi¬cance to their utility and NACWA mem¬bers as a whole. Policy Forum attendees are encouraged to make time for these critical meetings. Information on how to set up Congressional meetings can be found on NACWA’s Congressional Toolbox webpage. For any questions in the meantime, please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .