» Clean Water Current Archive

March 7, 2014

Rep. Bob Latta Confirmed to Speak at National Water Policy Forum

Water Week 2014 is almost here! We are pleased to announce that Representative Bob Latta (R-OH) has confirmed plans to speak at the National Policy Forum & Fly-In on the morning of April 8. Rep. Latta recently introduced The Clean Water Affordability Act, a bill to give clean water agencies facing financial challenges the flexibility they need to undertake clean water projects in a way that minimizes financial impacts on ratepayers and municipal budgets. Mr. Latta has been a long-time champion on clean water affordability issues and is a 2014 recipient of NACWA’s National Environmental Achievement Award for federal public service. We are excited he will be able to join us.

Make your plans now and register for the Policy Forum & Fly-In at the low rate of $250. We have secured a rate of $299 per night (single/double), plus applicable taxes, at the Capital Hilton for the duration of the Policy Forum (April 7 – 9). Reservations must be made by Monday, March 17, 2014 to receive the special rate. To ensure a hotel room, contact the Capital Hilton at 202.393.1000. Be sure to identify yourself as a Water Policy Forum attendee. We look forward to seeing you in Washington in April.

NACWA Meets with NRCS to Discuss Farm Bill Implementation

NACWA met with the Natural Resources Conservation Service (NRCS) at the U.S. Department of Agriculture (USDA) this week to discuss the newly-established Regional Conservation Partnership Program (RCPP) and its schedule for implementation. The RCPP, which is a key conservation program in the Farm Bill’s Conservation Title, would allow for entities such as clean water and drinking water utilities to enter into partnership agreements with farmers to reduce nutrient runoff and improve water quality. This short write up provides an overview of the RCPP and its importance to the NACWA membership. In the meeting, NRCS appeared very interested in working with the clean water sector to help make the RCPP a success. While NRCS is in the very early stages of implementing the program, staff indicated that they would solicit applications through an RFP process that will likely be released later this spring. Staff also indicated that USDA will likely designate Critical Conservation Areas soon, prior to the release of the RFP. It is anticipated that a USDA representative will also participate in April’s Water Week 2014 National Water Policy Forum & Fly-In roundtable discussions with federal agency staff on the morning of April 9. NACWA will continue to ramp up its work with NRCS and, as more information becomes available, will update members.

WSCC Focuses on Cybersecurity in Meeting with EPA, DHS

The Water Sector Coordinating Council (WSCC) conducted a two-day meeting this week to discuss security and emergency preparedness for wastewater and drinking water utilities. For the second day of the meeting, the WSCC was joined by the Government Coordinating Council (GCC), which includes representatives from EPA and the Department of Homeland Security (DHS). Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and Vice Chair of the WSCC, represented NACWA at the meeting.

Cybersecurity was the main topic of the meeting, and the WSCC was updated by DHS on the recent work related to last year’s Executive Order (EO) 13636: Improving Critical Infrastructure Cybersecurity and Presidential Policy Directive (PPD)-21: Critical Infrastructure Security and Resilience. The overall security framework for infrastructure, the National Infrastructure Protection Plan (NIPP), was updated last year as part of the EO and PPD-21. The Cybersecurity Framework was recently released as directed in the EO and PPD-21 and provides a national guideline to improving cybersecurity of critical infrastructure. DHS recently announced the creation of the Critical Infrastructure Cyber Community (C3) Voluntary Program, a public-private partnership that will provide critical infrastructure owners and operators with existing resources to help manage cyber risks. The WSCC was also briefed about the current scope of cybersecurity threats.

The WSCC and EPA discussed and supported the creation of a joint workgroup to promote outreach and training that will raise awareness of cyber risks and encourage voluntary use of the Cybersecurity Framework in the water sector. The American Water Works Association (AWWA) Cybersecurity Guide, Process Control System Security Guidance for the Water Sector, and the supporting Use-Case Tool will likely serve as the foundation for the water sector’s adoption of the Cybersecurity Framework. NACWA will involve its Security & Emergency Preparedness Committee in the development and adoption of water sector cybersecurity practices.

Administration’s FY 2015 Budget Slashes Funding; Scales Back Muni Bond Exemption

The Obama Administration released its FY 2015 Budget request on Tuesday which proposes $581 million in cuts to the Clean Water and Drinking Water State Revolving Fund programs (CWSRF and DWSRF, respectively). The budget proposes funding the CWSRF and DWSRF at $1.018 billion and $757 million respectively, a $431 million and $150 million decrease from the amount Congress appropriated for FY 2014. The Environmental Protection Agency’s (EPA) overall budget request was cut by $300 million to $7.9 billion compared to FY 2014 levels. Click here for a chart that compares proposed discretionary spending levels for EPA's water programs from FY 2012 through the current FY 2015 budget proposal. Please note that the Advocacy Alert sent earlier this week contained some incorrect figures based on an initial budget overview but these have been updated online after a more thorough review of the budget.

This year’s budget request again includes a proposal to limit the amount of tax liability wealthy individuals can claim on interest income received from investments in municipal bonds to 28%. The Administration is also proposing to lift the volume cap for private activity bond investments in water infrastructure projects.

NACWA will continue making the case to Congress that maintaining a strong commitment to clean water investments in the FY 2015 budget is critical. Updates will be provided as they become available.

Bureau of Reclamation’s FY 2015 Budget Proposal Focuses on Resilience, Reuse

NACWA participated in a briefing this week on the Bureau of Reclamation’s Fiscal Year (FY) 2015 Budget that was proposed as part of the Administration’s request (see related story). Overall, the request proposes funding the Bureau at $989 million, a decrease of $62 million from FY 2014 enacted levels. Specifically, the FY 2015 budget proposes $52.1 million for the Bureau’s WaterSMART Program, aimed at supporting sustainable strategies to meet our Nation’s water needs including water reuse and recycling projects, and increased funds for resilience in the face of changing climate conditions. Within the WaterSMART program, the budget allocates $21.5 million for the Title XVI Water Reclamation & Reuse Program, $1.5 million for a new Drought Response Program and $1.5 million for a new Resilient Infrastructure Program.

NACWA is increasingly engaged in the Bureau’s activities – including projects related to infrastructure resilience and water reuse and recycling – both of which are key components of the Water Resources Utility of the Future framework. The Association will continue to monitor the Bureau’s appropriations processes and opportunities for members to use these resources.

Registration Open for Consent Decree Workshop

Registration is now available for NACWA’s inaugural Consent Decree Workshop, April 30 – May 1 in Chicago. This day-and-a-half event, centered on the release of the Association’s new 2014 Wet Weather Consent Decree Handbook, will provide clean water agencies with the most up-to-date consent decree information – including resources to negotiate new decrees or renegotiate existing decrees to best serve their communities and the environment. The Workshop will also provide a forum for candid dialogue and information-sharing on lessons learned, successful negotiation strategies, and how to avoid pitfalls.

Workshop participants will also receive an advance copy of the completely updated and revised Wet Weather Consent Decree Handbook. This publication is the premier resource for municipal attorneys, managers, and staff to use during negotiations over federal or state enforcement actions. Further information on the Workshop, including registration and hotel information, is available on NACWA’s website. An agenda will be available soon.

Legal Web Seminar to Address CWA Jurisdiction, Water Quality Trading

NACWA’s next Hot Topics in Clean Water Law web seminar series will address two critical and timely issues impacting municipal clean water utilities – Clean Water Act jurisdiction and the powerful potential for water quality trading. The March 19 event, which is free to NACWA members, is scheduled for 2:00 – 3:15 pm ET, and will feature the following topics and speakers:

• “Notoriously Unclear" . . . the Ebb and Flow of the Jurisdictional Reach of the CWA
  
  • LaJuana Wilcher and Samantha Propp, English Lucas Priest & Owsley LLP
    
    When Congress enacted Clean Water Act in 1972, the newly-established federal regulatory program charted a course to protect, preserve and restore our nation’s waters. The problem is . . . over 40 years later, some pretty smart folks, including a U.S. Supreme Court Justice, believe the reach of the Clean Water Act is “notoriously unclear.” Join us as we follow the winding course of the jurisdiction of the CWA, discuss just who is the captain of this ship, and try to divine what lies in the uncharted territory ahead.

• Gaining Ground – the Power, Potential and Occasional Perils of Water Quality Trading
  • Brooks Smith, Brent Fewell, and TJ Mascia, Troutman Sanders LLP
    
    In the decade since the release of EPA’s National Water Quality Trading Policy, trading has emerged as a vital option for NPDES permit compliance, as well as a tool to accelerate the pace and scale of water quality restoration efforts in watershed across the country. Join us as we discuss the latest trading developments at the federal, regional and state level, highlights, lowlights, emerging trends, and key challenges and opportunities that lie ahead.

Additional information on the web seminar and registration is available on NACWA’s website. Don’t miss this engaging and informative event!

NACWA and Regional Partners to Host Region 8 Integrated Planning Workshop

NACWA will partner with the Association of Clean Water Administrators (ACWA), and the Colorado Wastewater Utility Council (CWUC), in collaboration with EPA, to offer a Region 8 Integrated Planning (IP) Workshop on March 31 in Denver, Colorado. The Workshop will bring together key stakeholders – including regulators from states in the Region, EPA Headquarters and Regional staff, and the utility community – for a candid discussion of Integrated Planning Framework implementation. As the seventh in a series of regional workshops which have garnered impressive attendance, the Region 8 Workshop is primed to be a popular event with a dynamic discussion of permit/enforcement issues, barriers, and lessons learned. Information on registration can be found on NACWA’s website. Registration for this free workshop is limited, so register now if you would like to learn more about how IP could apply to your community!

If you have useful reports or information about your utility’s IP process for inclusion on the NACWA Integrated Planning issue page – or if you want any further information about the upcoming Region 8 IP Workshop – please contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202.533.1839.

NACWA Blog of the Week: President’s Budget Request Again Slashes Water Infrastructure Funding

On Tuesday, the Obama Administration released its Fiscal Year (FY) 2015 Budget request proposing deep cuts to water infrastructure investment programs. The President’s proposal to slash critical water infrastructure programs and financing tools could not come at a worse time as municipal clean water agencies seek a partner in their effort to improve local economies, drive environmental and public health improvements, and create jobs. Read more about this and subscribe to The Water Voice so you never miss a post!