» Update Archive

 
This edition of NACWA’s Legislative Update, current through October 9, 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.

Top Stories

Great Lakes CSO Proposal Cost Study Reveals $72 Billion Price Tag; Opposition Grows on Capitol Hill

NACWA released results of its analysis on the expected compliance costs  related to a Senate proposal that would eliminate combined sewer overflows (CSOs) and the practice of blending in the Great Lakes, showing the collective price tag of the proposal would exceed $72 billion for municipal clean water utilities discharging to the Great Lakes. The controversial provision is included in the Senate’s Fiscal Year (FY) 2016 spending package for the Environmental Protection Agency (Section 428). The $72 billion figure was developed by NACWA based on survey responses and a detailed engineering analysis of direct and indirect dischargers to the Great Lakes that would be impacted by the proposal if it were enacted.

The extent to which Great Lakes communities would be negatively impacted by this proposal was also part of a discussion during a Great Lakes Restoration Initiative oversight hearing in the House Water Resources and Environment Subcommittee on September 30. During a question and answer exchange between Mayor John Dickert of Racine, Wisconsin and Congressman Reid Ribble (R-WI), the Mayor indicated that Racine would face costs far exceeding what ratepayers could afford to pay and what the Mayor argued would be a poor return on ratepayer investment. In his testimony, Mayor Dickert referred Committee Members to a joint letter by the U.S. Conference of Mayors, National League of Cities, National Association of Counties and the National Association of Regional Councils submitted for the record explaining why these national municipal organizations are opposed this proposal. The proposal also received significant attention during WEFTEC 2015.

As Congress negotiates a final FY16 budget agreement, NACWA will continue outreach to Congressional offices to educate them on how this proposal would impact their communities and urge their opposition. NACWA members should weigh in with their Congressional Delegations to ensure this proposal is not included in a final package. For more information, please visit NACWA’s resources page and contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Legislative Director, with any questions.

Water Sector Requests Extension to Protect Chemical Shipments

NACWA joined several other water sector associations in late September requesting that Congress extend the deadline for full implementation of the Positive Train Control (PTC) rule that is scheduled to take effect on December 31. Deliveries of chlorine gas and anhydrous ammonia to water and wastewater utilities could be disrupted, since railroads not in compliance with the PTC will not be able to transport these chemicals, and many railroads have stated that they will not meet the deadline. NACWA and the American Water Works Association (AWWA), Association of Metropolitan Water Agencies (AMWA), the National Association of Water Companies (NAWC), and the Association of California Water Agencies (ACWA), sent letters to the Senate Committee on Commerce, Science, & Transportation and the House Committee on Transportation & Infrastructure, requesting that a PTC extension be passed as soon as possible to avoid uncertainty for water utilities that rely on these chemicals for disinfection. The Senate has already overwhelmingly approved a three-year PTC extension as part of the ‘DRIVE Act’. NACWA will notify members if Congress finalizes an extension.

100+ Conservation Groups Urge Funding for Critical Conservation Programs

NACWA joined over 100 conservation groups on September 17 in a letter to House and Senate appropriators urging that critical conservation programs supported through the U.S. Department of Agriculture (USDA) receive full funding support in the FY 2016 budget agreement. Programs such as the Environmental Quality Incentive Program, the Conservation Stewardship Program and the Regional Conservation Partnership Program provide resources to help farmers install and maintain conservation practices in order to address crucial conservation issues such as water quality and habitat loss. The proposed FY16 spending packages in both the House and Senate propose cutting these programs, which would slow down conservation progress on private lands. NACWA is committed to preserving these important programs.

Sen. Brown Announces Plans to Move Forward with Affordability Legislation

Sen. Sherrod Brown (D-OH) announced plans in early September to move forward with Senate introduction of the Clean Water Affordability Act. Among other things, the bill is expected to increase funding for the Clean Water State Revolving Fund, codify integrated planning considerations into the Clean Water Act, and direct EPA to update its affordability policy. The bill is designed to provide communities with more flexibility and funding support in addressing wet weather issues, and will be a much more productive approach to dealing with wet weather concerns than legislation included in the FY 2016 EPA appropriations package seeking to ban sewer overflows to the Great Lakes (see related story).

Sen. Brown has been a leader on addressing affordability issues, and NACWA has worked closely with him in recent years to craft a meaningful legislative package. Press coverage of the planned bill noted NACWA support for the proposal. NACWA looks forward to working with Sen. Brown in the coming weeks to refine the bill ahead of its formal introduction.