» Update Archive

 
This edition of NACWA’s Legislative Update, current through May 12, 2015, provides information on the activities of the 114th 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 Patricia 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.

Water Week 2015

Water Week 2015 Brings Hundreds to DC

NACWA, the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), and WateReuse, along with the U.S. Water Alliance, as well as nearly 50 state and regional water groups, banded together to bring hundreds of clean water professionals from coast-to-coast to Washington, DC to advance shared priorities as part of the second annual Water Week.

Policy Forum & Fly-In Anchors Week of Advocacy, Discussion & Dialogue

The cornerstone of Water Week 2015 was the National Water Policy Forum, Fly-In, & Expo. NACWA, WEF, WERF, and WateReuse collaborated to craft a compelling Forum agenda that included an array of clean water advocacy, technical policies, communications, and research priorities – demonstrating the power of the water sector when it speaks with one voice. The Forum & Fly-In featured Members of Congress and leading policymakers from EPA and other federal agencies. Sector leaders heard from EPA Administrator Gina McCarthy who gave a passionate defense of the Waters of the U.S. rule – which she referred to as the Clean Water Rule – reassuring the audience that our concerns on stormwater, green infrastructure, and other issues would be directly addressed. Administrator McCarthy and an array of other top EPA officials also focused attention on the need for the water sector organizations to work collaboratively with the Agency to address climate and resiliency issues and finance and affordability concerns, while also bringing new innovative technologies to market based on a more flexible approach that can tolerate some increasing risk.

NACWA also heard from an array of Congressional Representatives both as part of the general sessions and at the Congressional Reception. These included Reps. Bob Latta (R-OH) and Tim Walz (D-MN) who sponsored the important Clean Water Affordability Act, as well as Representative Bob Gibbs (R-OH), Chair of the House Water Resources & Environment Subcommittee, and Rep. Paul Tonko (D-NY). Rep. David Joyce (R-OH), a supporter of Integrated Planning, gave an inspiring speech about the need to ignore the perceived dysfunction of Congress, especially given the bipartisan nature of clean water issues. He, and many of the Congressional speakers, underscored the value that a united water sector can bring to Capitol Hill by leveraging their respective influence — the ultimate goal of Water Week. In line with this, the collaborating organizations developed a compelling one-pager with infographics , detailing the unparalleled accomplishments of the clean water community since the passage of the Clean Water Act and what is at stake if we fail to strengthen the local-state-federal partnership to invest in clean water.

Water Utilities Bring Their Message to Capitol Hill

Throughout Water Week, representatives from clean water and drinking water utilities across the country carpeted Capitol Hill – putting national priorities in a local context for their Congressional delegations. The Utility of the Future; funding and financing; climate and resiliency; and, affordability and integrated planning were among the issues discussed in detail at Capitol Hill meetings.

As featured in The Water Voice blog, We Are the Masters of Our Own Fate, Executive Director, Ken Kirk, called on NACWA members – and all voices from within the water sector – to tune out the cynicism regarding Capitol Hill and instead rally together to cut through the noise. Water Week 2015 exemplified this effort and will continue to garner momentum and growing success by bringing more water sector organizations together to ensure that the clean water community's priorities are fully shared by Congress and the federal family.

Affordability and Integrated Planning

Clean Water Affordability Act Reintroduced in House

Rep. Bob Latta (R-OH) along with Rep. Tim Walz (D-MN) reintroduced the Clean Water Affordability Act  on March 26. The legislation addresses key affordability concerns that many utilities face in meeting Clean Water Act (CWA) challenges – especially those relating to wet weather management. Specifically, the legislation would codify the Integrated Planning Framework and enable National Pollutant Discharge Elimination System (NPDES) permit terms to be extended for communities with an approved integrated plan in place; it would require the EPA to revise its guidance for determining a community’s financial capability to meet wet weather-related CWA compliance obligations; it would provide more effective tools for managing peak wet weather flows within sanitary sewers; and, it would establish a 15% set-aside for rural communities within the Clean Water State Revolving Fund program.

Both Reps. Latta and Walz joined attendees during the National Water Policy Forum, Fly-in & Expo to share their perspectives on affordability matters. NACWA is discussing related legislation in the Senate with Sen. Sherrod Brown’s (D-OH) staff.

NACWA Moves Forward on the Wet Weather Community Sustainability Act

As referenced in the above story, NACWA’s proposed Wet Weather Community Sustainability Act has been introduced as part of H.R. 1705, the Clean Water Affordability Act, providing us with the opportunity to engage in a conversation with key Members of Congress about the need to develop more effective and affordable tools for peak wet weather events within sanitary sewer systems. As part of our efforts to gain broad support for the legislation on Capitol Hill and with key stakeholders, NACWA hosted a webinar for American Rivers and the Natural Resources Defense Council (NRDC) about the effectiveness of auxiliary technologies for treating high volume flows during peak wet weather events. Participating in the webinar were technology experts from Black & Veatch, Veolia and WWETCO, as well as NACWA Kansas utility members John O’Neil from Johnson County and Dave Wagner from the City of Lawrence. These same experts participated in a briefing on Capitol Hill during Water Week for senate staff for potential Democratic co-sponsors, reviewing similar information. NACWA will continue to engage key stakeholders to identify support for the proposal and work toward bi-partisan introduction of the legislation in the Senate.

Funding and Financing

State Revolving Fund Programs Receive Bipartisan Support in Congress

Members of Congress in both chambers voiced their strong support for the Clean Water and Drinking Water State Revolving Fund (CWSRF & DWSRF) programs in letters in late March to House and Senate Appropriators as they begin the process of crafting the Fiscal Year (FY) 2016 spending package for the U.S. Environmental Protection Agency (EPA). The Administration’s FY16 Budget proposal requested a $333 million cut in spending for the CWSRF program and an increase of $270 million for the DWSRF. Sens. Mike Crapo (R-ID) and Sheldon Whitehouse (D-RI) co-sponsored a Senate letter  with support from thirty Senators; and in the House, Rep. Jim McGovern (D-MA) sponsored a letter  that garnered support from fifty-two members.

The reductions to the CWSRF could result in much lower investment in clean water infrastructure across the country – during a period when utilities are facing continued regulatory pressure to deal with nutrient pollution, wet weather enforcement, new pretreatment and water quality standards, and other regulatory requirements. In addition, according to the most recent Clean Water Needs Survey, communities face over $300 billion worth of clean water infrastructure upgrades to deal with their aging sewer infrastructure. NACWA sent its own letter  earlier in March urging Congressional budget leaders to reject the Administration’s request and maintain spending for the CWSRF at currents levels.

NACWA Joins Coalition Letter on Tax-Exempt Municipal Bonds

NACWA joined the U.S. Conference of Mayors (USCM) in submitting a letter  signed by 51 organizations urging Senate leaders to protect the tax-exempt status of municipal bonds. The ‘Don’t Mess With Our Bonds’ Coalition is a broad-based group, including the 51 signatory organizations from across multiple sectors ranging from water, transportation, education, energy, municipalities, and more. NACWA participated in this coalition with non-traditional partners outside of the water sector to ensure there are no limitations placed on the tax-exempt status of these bonds.

For more than a century, tax-exempt municipal bonds have been the primary method used by local governments to finance infrastructure projects. In the past decade, these bonds have been used to finance over $3 trillion in critical infrastructure. Rolling back the tax-exempt status will have a detrimental impact on the ability of local governments to finance infrastructure improvements and increase the cost borne by taxpayers. NACWA is strongly advocating for the preservation of the tax-exempt status for municipal bonds and will continue to closely follow developments in Congress’ FY 2016 budget discussions.

Innovative Stormwater Management Technologies

Legislation Promoting Innovative Stormwater Infrastructure Reintroduced

Senator Tom Udall (D-NM) and Representative Donna Edwards (D-MD) re-introduced legislation on April 14, in conjunction with Water Week 2015, that would provide critical support to innovative stormwater strategies to more effectively manage polluted stormwater runoff – while relieving pressure on aging infrastructure. S. 896/H.R. 1775, The Innovative Stormwater Infrastructure Act of 2015, would 1) promote the use of innovative stormwater infrastructure; 2) provide grants to implement community-based stormwater control projects; and 3) establish up to five Centers of Excellence throughout the country to conduct research, develop recommendations, and provide training and technical assistance for implementing these stormwater management practices. NACWA has been working with other allied organizations, including American Rivers, the American Society of Landscape Architects (ASLA), National Resources Defense Council (NRDC), and the Water Environment Federation (WEF) to provide technical assistance to the bill’s sponsors. A joint press release was issued by the groups. The Association will continue efforts with this coalition to garner broad and bipartisan support – and applauds the more than 19 co-sponsors for their commitment to providing resources for communities to address stormwater runoff.

Emerging Contaminants

Association Lends its Support to Microbead Legislation

NACWA sent a letter of support  on May 11 for H.R. 1321, the Microbead-Free Waters Act of 2015, which is cosponsored by Rep. Frank Pallone (D-NJ) and Rep. Fred Upton (R-MI). The proposed bill would amend the Federal Food, Drug & Cosmetic Act to ban the sale or distribution of products containing synthetic plastic microbeads as of January 1, 2018. Plastic microbeads have been found in the Great Lakes and in the stomachs of fish, and are too small to be removed by most typical wastewater treatment processes. The Association’s letter stated that “because plastic microbeads can be easily removed from products and natural alternatives substituted, eliminating plastic microbead pollution at its source, rather than relying on wastewater utilities to remove microbeads, is the best way to protect the water environment”

State legislation banning plastic microbeads has been passed in Illinois, New Jersey, and Colorado, and is being considered in several other states, including New York. Many manufacturers have also committed to removing microbeads voluntarily. A hearing about the bill has held on May 1 by the House Energy & Commerce Committee’s Subcommittee on Health, and NACWA will monitor the progress of the proposed legislation.

Security

NACWA Signs Coalition Cybersecurity Bill Letter

NACWA joined five water organizations to send a letter of support  for H.R. 1731, the National Cybersecurity Protection Advancement Act and H.R. 1560, the Protecting Cyber Networks Act, bi-partisan legislation to bolster the effectiveness of the Federal Government’s ability to share information on cybersecurity threats. The National Cybersecurity Protection Advancement Act was cosponsored by Rep. McCaul (R-TX) and Rep. Ratcliffe (R-TX) and passed the House with a vote count of 355-64. The Protecting Cyber Networks Act, cosponsored by Rep. Nunes (R-CA), Rep. Schiff (D-CA), Rep. Westmoreland (R-GA), and Rep. Himes (D-CT), passed with a vote count of 307-116.

The two bills propose to: 1) set parameters for how the federal government, private entities, non-federal government agencies, and state, tribal, or local governments share sensitive cyber threat information; 2) authorize private network operators to monitor networks for cyber threats and take appropriate defensive measures when threats are identified; and, 3) offer protections to encourage private sector participation in these efforts. At the urging of the municipal water and wastewater sector, language was added to the package to clarify that local government agencies performing public utility services, such as municipal water and wastewater utilities, will enjoy the same cybersecurity incentives and protections as their private-sector counterparts. It is important for water agencies to maintain strong cybersecurity systems as a successful cyber-attack could greatly disrupt water services. NACWA signed the letter with the American Water Works Association (AWWA), Association of Metropolitan Water Agencies (AMWA), National Association of Water Companies (NAWC), National Rural Water Association (NRWA), and Water Environment Federation (WEF). A vote on the Senate companion bill has yet to be scheduled and it is unclear when it will consider the legislation.