» Update Archive

This edition of NACWA’s Legislative Update, current through November 6, 2014, 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 with any questions or information on the Update topics.

Infrastructure Funding

Congress Enacts FY2015 Budget Package, Maintains Spending Levels on SRFs

Congressional leaders released a proposed spending package to fund the federal government for fiscal year (FY) 2015 with the intention to enact the legislation by the end of the week and avoid a repeat of the 2013 government shut-down. The package, H.R. 83 (The Consolidated and Further Continuing Appropriations Act of 2015) provides nearly $8.14 billion for the Environmental Protection Agency (EPA), approximately $60 million below FY14 levels, but nearly $250 million above the Administration’s requested amount. The spending package maintains funding levels for both the Clean Water and Safe Drinking Water State Revolving Fund programs – $1,488,887 billion and $906,896 billion respectively – shunning the Administration’s proposal to reduce spending on these programs in favor of spending elsewhere in the budget. In addition, EPA will receive $2.2 million for hiring and staffing needs to develop program rules and guidelines for implementing the Water Infrastructure Finance and Innovations Act (WIFIA) program, enacted by Congress earlier in the year as part of the Water Resources Reform and Development Act (WRRDA) and supported by NACWA members.

The spending package also rejected the Administration’s request to limit the amount of tax exemption for which income derived from investments in municipal bonds could qualify thereby leaving intact the full exemption for these investments. While the package does not include separate funding for EPA’s Integrated Planning initiative, Congress directs EPA to “maintain technical assistance and outreach to communities seeking to develop and implement integrated planning approaches to meeting Clean Water Act requirements.”

Finally, while Congressional negotiators agreed not to include controversial policy riders that would have restricted EPA’s ability to finalize the Waters of the U.S. rule, the package includes language requiring EPA to withdraw its interpretive rule and restates agricultural exemptions contained in the Clean Water Act. While EPA intends to finalize the rule early next year, it is unclear whether the Republican-controlled Congress will seek to block it from doing so.

In addition to funding for the SRF programs, Congress provided funds for several geographic programs in targeted watersheds and estuaries: 

The FY16 budget cycle will begin early next year when the Administration releases its FY16 budget request. NACWA will provide information about the request as soon as it becomes available.

Utility of the Future

NACWA Members Testify on Utility of the Future at Senate Hearing

The Senate Environment and Public Works’ Water and Wildlife Subcommittee held a hearing on December 2, 2014 titled “Innovation and the Utilities of the Future: How Local Water Treatment Facilities are Leading the Way to Better Manage Wastewater and Water Supplies.” The hearing was called by out-going Subcommittee Chairman, Senator Ben Cardin (D-MD) to discuss the innovative advances being made in the clean water arena as well as the challenges faced by clean water agencies that are seeking to embrace the concept of the Water Resources Utility of the Future (UOTF). Four public agency leaders, all members of the National Association of Clean Water Agencies (NACWA), testified about their experiences in taking a more holistic approach to clean water compliance as they transition from ‘sewerage agencies’ to ‘resource recovery agencies.’

The Association’s Utility & Resource Management Committee Chair, Tom Sigmund, Executive Director of NEW Water in Green Bay, WI, represented NACWA at the hearing. NACWA Board Members, Harlan L. Kelly Jr., General Manager of San Francisco Public Utilities Commission, CA and Andy Kricun, Executive Director of Camden County Municipal Utilities Authority, NJ, joined Jerry Johnson, General Manager of the Washington Suburban Sanitary Commission in Maryland, as witnesses.

The utilities discussed the many benefits that their agencies and communities have seen through adopting an innovative approach to water management including how embracing innovation has helped cut facility costs, stimulate local economic growth and create jobs, and provide environmental benefits. The utilities urged policy-makers to support measures that provide regulatory flexibility, continued federal assistance for infrastructure investments and targeting investments toward innovative approaches such as energy generation, water reuse and collaborating with upstream partners to address downstream water quality concerns.

Three Senators participated in the full hearing: Subcommittee Chair Ben Cardin (D-Md.); Subcommittee Ranking Member, John Boozman (R-Ark.); and Sheldon Whitehouse (D-RI). The Senators agreed on the need to address the water infrastructure gap and the importance of local agencies leading innovation. They also agreed on the need for flexibility and the efficient use of resources to achieve maximum gains. Senator Cardin asked how resources can be better allocated to support local efforts. Senator Boozman, who will assume the Chair of the Subcommittee next year, stressed the importance of regulatory flexibility by asking if there should be legislative action to maximize the needed flexibility to act on a watershed basis.

This hearing was the last under Senator Cardin’s leadership and NACWA will continue work to advance the UOTF agenda and bolster federal support for integrated planning/affordability efforts as well as other priority clean water projects in the 114th Congress. All testimonies and an archived webcast of the hearing can be found here.

Affordability, Integrated Planning and Wet Weather

NACWA Endorses House Bill to Provide Funding for Wet Weather Issues

NACWA wrote a letter of support for a bill that would authorize $2.5 billion in funding over five years for the sewer overflow control grants program to help clean water utilities manage wet weather flows. H.R. 5826, The Water Quality Investment Act of 2014, is sponsored by Rep. Bill Pascrell (D-N.J.) and was introduced in early December.

The bill seeks to right a longstanding issue with legislation that nearly two decades ago ensconced the combined sewer overflow rule and saw funds authorized but unfortunately never appropriated for its implementation. Additional funding for wet weather control projects is particularly needed in light of EPA’s increased focus on wet weather issues, increasing clean water agencies’ financial burdens as they invest increasing funds to comply with a growing array of Clean Water Act requirements. NACWA will continue to update members as this legislation moves forward.

114th Congress

Republicans and Democrats in the Senate announced committee assignments for upcoming 114th Congress. The roster will need approval by their respective caucuses when Congress reconvenes in January. Below is a run through of the key committees of interest to NACWA members. For a listing of the Republican members announced for the House Transportation and Infrastructure Committee, please click here.

For Senate Republicans, the following committee rosters were announced:

Senator James Inhofe of Oklahoma will assume the Chair of Senator Environment and Public Works Committee (EPW), replacing Senator David Vitter of Louisiana as the top Republican. Senator Vitter will remain a committee member along with Senators John Barrasso of Wyoming, Shelley Moore Capito of West Virginia, Mike Crapo of Idaho, John Boozman of Arkansas, Jeff Sessions of Alabama, Roger Wicker of Mississippi, Deb Fischer of Nebraska, Mike Rounds of South Dakota, and Dan Sullivan of Alaska.

For the Energy and Natural Resources Committee (ENR), Senator Lisa Murkowski of Alaska will assume the Chairmanship with the following Senators as members: John Barrasso of Wyoming, Jim Risch of Idaho, Mike Lee of Utah, Jeff Flake of Arizona, Bill Cassidy of Louisiana, Cory Gardner of Colorado, Steve Daines of Montana, Rob Portman of Ohio, John Hoeven of North Dakota, Lamar Alexander of Tennessee, and Shelley Moore Capito of West Virginia.

Senator Pat Roberts of Kansas will resume the leading Republican spot on Agriculture, Nutrition and Forestry along with the following colleagues as members: Thad Cochran of Mississippi (outgoing Ranking Member), Mitch McConnell of Kentucky, John Boozman of Arkansas, John Hoeven of North Dakota, David Perdue of Georgia, Joni Ernst of Iowa, Thom Tillis of North Carolina, Ben Sasse of Nebraska, Chuck Grassley of Iowa, and John Thune of South Dakota.

Finally, Senator Thad Cochran of Mississippi assumes Chair of the Senate Appropriations Committee, with the following colleagues as members: Mitch McConnell of Kentucky, Richard Shelby of Alabama, Lamar Alexander of Tennessee, Susan Collins of Maine, Lisa Murkowski of Alaska, Lindsey Graham of South Carolina, Mark Kirk of Illinois, Roy Blunt of Missouri, Jerry Moran of Kansas, John Hoeven of North Dakota, John Boozman of Arkansas, Shelley Moore Capito of West Virginia, Bill Cassidy of Louisiana, James Lankford of Oklahoma, and Steve Daines of Montana.

For Senate Democrats, the following committee rosters were announced:

Senator Barbara Boxer, the current chairwoman of the EPW Committee, will stay on as ranking member. The panel's other Democrats would be Senators Thomas Carper of Delaware, Ben Cardin of Maryland, Bernie Sanders of Vermont, Sheldon Whitehouse of Rhode Island, Jeff Merkley of Oregon, Kirsten Gillibrand of New York and Ed Markey of Massachusetts.

The ENR Committee will see a shakeup as the panel's top Democrat, Senator Mary Landrieu, lost her seat in a runoff December 6th. ENR's new ranking member will be Senator Maria Cantwell of Washington. The panel's other Democrats would be Senators Ron Wyden of Oregon, Independent Bernie Sanders of Vermont, Debbie Stabenow of Michigan, Al Franken of Minnesota, Joe Manchin of West Virginia, Martin Heinrich of New Mexico, Mazie Hirono of Hawaii, independent Angus King of Maine and Elizabeth Warren of Massachusetts. Warren is a new addition to the committee, replacing Senator Tammy Baldwin of Wisconsin.

Senator Debbie Stabenow will be ranking member on the Agriculture Committee after serving as chairwoman in the current Congress. The panel's other Democrats would be Senators Patrick Leahy of Vermont, Sherrod Brown of Ohio, Amy Klobuchar of Minnesota, Michael Bennet of Colorado, Kristen Gillibrand of New York, Joe Donnelly of Indiana, Heidi Heitkamp of North Dakota and Bob Casey of Pennsylvania.

Finally, Senator Barbara Mikulski of Maryland, the outgoing Appropriations Committee chairwoman, would stay on as ranking member. The committee's other Democrats would be Senators Patrick Leahy, Patty Murray of Washington, Dianne Feinstein of California, Dick Durbin of Illinois, Jack Reed of Rhode Island, Jon Tester of Montana, Tom Udall of New Mexico, Jeanne Shaheen of New Hampshire, Jeff Merkley of Oregon, Chris Coons of Delaware, Brian Schatz of Hawaii, Tammy Baldwin of Wisconsin and Chris Murphy of Connecticut.