» Update Archive

This edition of NACWA’s Legislative Update, current through November 6, 2013, provides information on the activities of the 113th 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

Federal Shutdown Ends, Government Funded Until January 15, 2014

Congress agreed to reopen the federal government on October 17, ending a 16-day shutdown and returning federal employees to work. The Senate-crafted and House-approved deal includes a continuing resolution (CR) to keep the government funded at existing levels until January 15, 2014 when across-the-board non-discretionary spending cuts known as sequestration are set to take effect under the terms of the 2011 Budget Control Act.

The bill also sets a December 14 deadline for Congress to report on bicameral budget conference talks that could forge a path to a "grand bargain" on taxes, entitlements and discretionary spending. These talks have begun and could trigger a broad evaluation of discretionary budgets for the U.S. Environmental Protection Agency (EPA), the U.S. Department of Energy (DOE), and the Department of Interior (DOI) – all of which have seen funding dip to lower levels under sequestration. The Association will continue to provide updates on upcoming Congressional budget negotiations as they occur.

Conference Begins on the Farm Bill

Forty-one lawmakers from the U.S. House of Representatives and Senate began conversations to merge the Farm Bills passed this summer by the House and Senate into one piece of legislation. The Farm Bill sets agriculture policy for five years, including working lands conservation policy with implications for water quality. NACWA, as part of the Healthy Waters Coalition, circulated a letter  to all of the Farm Bill conferees requesting their adoption of provisions related to nutrient management and water quality goals that were successfully secured in the Senate Farm Bill as part of a newly established Regional Conservation Partnership Program. Specifically, the provisions would ensure that nutrient management activities on the farm receive priority conservation funding, enable farmers that are part of a partnership agreement to receive five-year, special payment contracts for nutrient management-related activities, clarify that municipal water and wastewater entities are eligible partners, and explicitly state that partnerships which execute innovative water quality improvement measures are eligible for priority conservation funding. It remains uncertain whether House and Senate conferees will be able to bridge the policy differences that exist between the chambers primarily with respect to spending on the food stamp program, but NACWA will monitor the discussions and continue to provide updates on these negotiations as they occur.

House and Senate to Begin Conference on Water Resources Development Act, Including Negotiations over WIFIA

The U.S. House of Representatives passed H.R. 3080, The Water Resources Reform & Development Act (WRRDA) by a vote of 417 to 3. The bill authorizes $8 billion in new U.S. Army Corps of Engineers projects and $2 billion to modify existing projects. WRRDA was introduced in the House by Transportation & Infrastructure Committee Chairman, Bill Shuster (R-PA), Ranking Member Nick J. Rahall, II (D-WV), Water Resources & Environment Subcommittee Chairman Bob Gibbs (R-OH) and Subcommittee Ranking Member Tim Bishop (D-NY).

In May, the Senate passed its version of the bill, which included a $250 million Water Infrastructure Finance & Innovation Act (WIFIA) pilot program to provide financing for both flood control projects and regionally significant water and wastewater projects. The House version does not include the WIFIA program. The bill will now head to conference where the WIFIA program may be included, removed, or altered as part of the final version of the bill. NACWA members have expressed concern that WIFIA not be authorized at the expense of funding the State Revolving Fund (SRF) programs. Late last month, several associations representing state drinking water and wastewater administrators as well as state infrastructure financing officials sent a letter  to Congress stating their opposition to establishing a nationally administered WIFIA program and expressed similar concern that a WIFIA program could eventually jeopardize funding for the SRF programs.

NACWA met earlier this week with staff for Senator Boxer, Chairwoman for the Senate Environment and Public Works Committee to discuss Senator Boxer’s interest in WIFIA and how she envisions it relating to the SRF. Staff assured us that Senator Boxer views WIFIA solely as additive to the SRF program and agrees that the SRF must remain the primary federally-funded program for water and wastewater infrastructure. NACWA will be sending a letter to Senator Boxer emphasizing NACWA’s commitment to the SRF and to urge the Committee and Congress to demonstrate its commitment to the SRF by reauthorizing it.

NACWA will keep members informed of any updates.

Federal Budget and Funding

On Path to SRF Reauthorization Bill, Reps. Bishop and King Urge Members to Support Infrastructure Legislation; Voice Your Utility’s Support!

Members of the House Transportation and Infrastructure Committee have expressed interest in working on a State Revolving Fund (SRF) reauthorization bill. Earlier this year, Representative Tim Bishop (D-NY), Ranking Member of the House Transportation & Infrastructure Subcommittee on Water Resources & the Environment, introduced H.R. 1877, The Water Quality Protection and Job Creation Act of 2013 , a bi-partisan bill that would authorize approximately $13.8 billion over five years in investments for water infrastructure projects, authorize $2.5 billion over five years for sewer overflow control grants, and establish a clean water trust fund, as well as a loan guaranty program to fund the Clean Water SRF (see related article on WRRDA and the WIFIA).

Representative Bishop would like to see the SRF reauthorization proposal resemble his legislation, and to increase support for the bill, he and Representative Peter King (R-NY) are circulating a Dear Colleague letter  to collect additional cosponsors. NACWA has encouraged all members of the House or Representatives to lend their support.

We Need Your Help!

Please contact your member of Congress and urge them to sign onto this Dear Colleague letter and cosponsor H.R. 1877. For information on how to contact your Members of Congress, please see NACWA’s Congressional Toolbox. If you have questions or need assistance, please contact Hannah Mellman This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Affordability and Integrated Planning

Congressman Bob Latta to Introduce Clean Water Affordability Act in House

Congressman Bob Latta (R-OH) is gearing up to reintroduce the Clean Water Affordability Act (CWAA) later this month. Congressman Latta’s bill would require EPA to revise the 1997 Financial Capability Guidance for CSO Long Term Control Plans, authorize additional subsidization for SRF financing, and codify EPA’s Integrated Planning program with extended permit terms of up to 25 years for communities with an approved Integrated Plan. NACWA is assisting Congressman Latta in identifying Democratic co-sponsors to ensure bi-partisan support for the legislation. Related legislation was introduced in the Senate last year by Senator Sherrod Brown (D-OH) who is also expected to reintroduce it this year. Should a SRF reauthorization bill move through the House, elements of Congressman Latta’s legislation could be included. NACWA will keep members posted as developments occur.

RECENTLY INTRODUCED LEGISLATION

The House Transportation and Infrastructure (T&I) Committee approved two bills on October 29 to restrict EPA from requiring certain types of Clean Water Act discharge permits:

• H.R. 935, The Reducing Regulatory Burdens Act of 2013, would prohibit EPA from requiring a permit for a discharge of a pesticide authorized by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) from a point source into navigable waters. The bill was introduced by T&I Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH). Language from H.R. 935 is incorporated into the House-adopted farm bill (H.R. 2642), which is currently being conferenced with the Senate Farm Bill. While it is doubtful Senate Democratic Farm Bill conferees will accept this, NACWA will continue to track this as it moves forward.
• H.R. 2026, The Silviculture Regulatory Consistency Act of 2013, would amend the Clean Water Act to prohibit EPA from requiring NPDES permits for discharge of stormwater as a result of logging activities. This bill was introduced by Representative Jaime Herrera Butler (R-WA).