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Congressional negotiators reached agreement on a final Fiscal Year (FY) 2016 appropriations  package late yesterday that includes a number of major advocacy victories for NACWA and its members. Most significantly, Senate appropriators backed off demands that dischargers to the Great Lakes eliminate combined sewer overflows (CSO) and the use of blending during wet weather events. The CSO elimination policy rider was inserted earlier this year in a proposed Senate Appropriations Committee spending package for the Environmental Protection Agency (EPA) at the request of Senator Mark Kirk (R-IL).

NACWA pursued every available advocacy avenue on this issue, leading a coalition of Association members along with national and regional stakeholders over recent months in strong opposition to the measure. NACWA argued that it amounted to a $70 billion unfunded mandate on Great Lakes ratepayers, would not result in any meaningful water quality improvement, and would set extremely bad precedent for the rest of the nation. NACWA assembled a broad alliance including drinking water interests, municipal groups, and state organizations to oppose the language, and also met extensively with House, Senate, and federal agencies. Association members throughout the Great Lakes and elsewhere in the country also weighed-in with their congressional delegations to urge opposition, and all this ground work paid off: when it came time for the Senate to negotiate a final EPA spending package, the policy rider was dropped in exchange for a compromise package that could attract bi-partisan support.

NACWA helped forge a compromise between Sen. Kirk and other key Great Lakes Senators keen on avoiding a costly new mandate. The compromise agreement establishes a consistent standard for reporting CSOs to the Great Lakes, authorizes the Great Lakes Restoration Initiative (GLRI) for the first time and authorizes one year of funding at current funding levels, and replaces proposed cuts to the Clean Water State Revolving Fund (CWSRF).

The agreement includes language for reporting CSO discharges to the Great Lakes and NACWA worked hard to ensure that it is consistent with current CSO Policy requirements and other existing reporting requirements under the Clean Water Act. Specifically, the EPA Administrator is required to work with States to develop a reporting and notice standard for CSO events containing information on timing, volume and impacted areas. The language is contained in Section 425 of Division G of H.R. 2029, the Consolidated Appropriations Act of 2016, a link to which is provided above. The specific language on CSO reporting is also available here  in a separate PDF file. EPA has two years to develop guidance implementing the reporting language, and NACWA will work closely with EPA during that time to ensure the Agency’s actions are consistent with Congress’s intent.

Section 426 of the bill authorizes the GLRI for one year with $300 million in funding, including for projects focused on addressing non-point sources of water quality impairment such as nutrient runoff from farms and sediment erosion from stormwater. The GLRI program enjoys broad, bi-partisan support and is typically funded at $300 million annually. Several NACWA members have received grants under the GLRI for non-point water protection initiatives, including the Milwaukee Metropolitan Sewerage District (MMSD). MMSD has used the program to fund its work on controlling pathogens, phosphorus, and sediment in three key watersheds and the Milwaukee River Estuary and also for floodplain, habitat restoration and green infrastructure projects. Other NACWA members that have received funding from the GLRI include the Detroit Water and Sewerage Department for its work on green infrastructure projects within the Near Eastside Drainage District; the Northeast Ohio Regional Sewer District for a project to develop a predictive model for urban beaches to more accurately diagnose unsafe water conditions; and NEW Water in Green Bay for a nutrient reduction project working with farmers to install permanent agricultural non-point pollution control practices on crop fields in the Silver Creek watershed. NACWA views the GLRI as a much more effective and efficient way to address water quality issues in the Great Lakes rather than a total ban on CSO discharges.

The final bill does not include any policy riders or other language impacting EPA’s implementation of the recent Clean Water Rule. There was some speculation that the legislation might include a limitation on EPA’s ability to implement the rule, but the final package includes no such limitation.

Finally, NACWA members will be pleased that FY16 appropriations for the CWSRF will continue to see robust support from Congress, receiving $1.393 billion from appropriators. By funding the CWSRF at this level, Congress rejected the Administration’s proposal to cut this program by nearly 30% and sent a clear signal that it considers investments in clean water a national priority and that funding levels should not be reduced or shifted to other programs.

The following is a chart with more detailed funding levels for programs of interest to NACWA members:

NACWA is pleased with this important legislative victory and that common sense clean water policy prevailed in Congress. NACWA is also very grateful to all of the Association members that sent letters, made phone calls, and engaged in other advocacy actions over recent months in help influence this legislative process, especially related to the Great Lakes sewer overflow issue.

Congress is expected enact the spending package later this week. Any members with questions about the legislation are encouraged to contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Senior Director of Legislative Affairs.