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Fall Legislative Update

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To: Members & Affiliates, Legislative and Regulatory Policy Committee
From: National Office
Date: October 14, 2016

 
This edition of NACWA’s Legislative Update, current through October 14, 2016, 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 legislative activities, click on the web links in selected news items or visit NACWA’s website. Please contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 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.

Legislative Perspectives

Though much of the Washington chatter revolves around the outcome of the November elections, many of us working on water-related issues in the nation’s capital are focused on the fate of the Water Resources Development Act (WRDA) of 2016 when Congress returns for a Lame Duck session in mid-November. WRDA is shaping up to be one of the few must-pass pieces of legislation beside Fiscal Year (FY) 2017 appropriations bills that the 114th Congress will need to grapple with, and the stakes couldn’t be higher.

With aid for the people of Flint, Mich., whose drinking water was contaminated by lead, now a part of the WRDA package and multiple promises by Congressional leaders to deliver this aid, passage of WRDA seems increasingly likely. The question for NACWA members, however, is what additional measures to help communities manage their water infrastructure challenges will be included in the final bill. The answer to this question depends to a large degree on ensuring Congressional leaders hear from the municipal clean water community over the next several weeks that WRDA is important and that it must include measures to support clean water.

House and Senate negotiators are hard at work reconciling two very different WRDA proposals. While the House package (H.R. 5303) is largely limited to authorizing flood control, navigation and ecosystem restoration projects undertaken by the Army Corps of Engineers (ACOE), the Senate package (S. 2848) is a more comprehensive bill that includes important common sense reforms to the Clean Water Act (CWA) to address affordability challenges, measures that establish a trust fund for water and wastewater infrastructure, and other authorizations to support innovation and resiliency.

NACWA will be working hard over the coming weeks to ensure that as many of the Senate WRDA provisions are included in a final bill as possible. But we also urge all of our members to reach out to your congressional delegations to ask that Congressional negotiators maintain clean water-related measures in the Senate WRDA package designed to help communities better meet their clean water challenges. NACWA’s recent Advocacy Alert 16-15 provides more analysis of the House and Senate WRDA bills and includes resources to help with outreach to your Members of Congress. Please join us in advocating for a strong WRDA package that helps you more effectively meet the clean water needs of your community!

-Pat Sinicropi, Senior Director of Legislative Affairs (Contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any comments or questions.) 

 

Top Stories

 

Congress Advances Clean Water Legislation, Government Funding Bill

The House of Representatives took an important step forward on September 28th in advancing much needed clean water policy reforms by passing H.R. 5303, the Water Resources Development Act (WRDA) of 2016, by a bipartisan vote of 399-25. Congress also passed a Continuing Resolution (CR) to fund the federal government for Fiscal Year (FY) 2017 until early December. President Obama signed the CR on September 29. More information about these developments is available in Advocacy Alert 16-13.

Lawmakers have now left Washington for the election recess and are not anticipated to return until mid-November. Passage by the House of its WRDA package, combined with the Senate’s passage of its related bill in September, means that congressional staff can now work to reconcile the different proposals in time to pass final legislation when Congress returns after the election.

The passage of WRDA in both chambers with such overwhelming support demonstrates that water is a truly bipartisan issue and one that can attract significant attention from Congress. How the process to reconcile the two bills will play out is still unclear, however, and it is possible that the Clean Water Act revisions from the Senate version will not be included in a final package. NACWA will be working hard over the coming weeks to encourage lawmakers to include as many of the elements from the Senate bill as possible.

Congress will also have to hammer out a government funding deal for the remainder of FY 2017 when it returns to Washington. The most likely path forward will be an omnibus funding bill. NACWA will continue advocating for key appropriations priorities such as increased funding for the Clean Water State Revolving Fund in the omnibus.

NACWA is one step closer to significant legislative changes to the Clean Water Act that will directly benefit clean water utilities and will – with the support of its members – aggressively keep up the fight. 

NACWA Weighs In with Presidential Campaigns to Advance Clean Water Priorities

NACWA sent letters to both major party presidential campaigns in late August encouraging the candidates to include a number of key clean water priorities in their policy discussions. The letters to the Trump Campaign and the Clinton Campaign highlight that, in the wake of the drinking water crisis in Flint, Michigan and the ongoing drought in the West, now is a critical time for discussion on the importance of water as a national issue.

In the letters NACWA specifically requests that the candidates focus on three pressing issues in particular: 1) water infrastructure investment and the importance of elevating it as a national priority; 2) the challenges many communities face in ensuring low income populations can afford rising water and sewer rates; and 3) acknowledging and supporting the remarkable innovations going on in the municipal clean water sector. The letters also note the important commitments both candidates have made to additional infrastructure investments and encourage them to specifically include water infrastructure investment in their policy proposals.

NACWA distributed a press release, as well, highlighting the letters and calling on the candidates to include discussion of water when infrastructure is discussed on the campaign trail.

 

Water Infrastructure

 

Presidential Candidates Provide Views on Water Issues

The organization ScienceDebate.org recently released a document with responses from the presidential candidates providing their views on a number of science, environmental, and engineering issues, including water. Both major party candidates, Donald Trump and Hillary Clinton, provided responses as part of the specific survey question on water challenges (see page 18 of the document), and both acknowledged the importance of making water a central focus of their policy agenda should they win the White House. Clinton in particular noted the need to boost investment in the nation’s water and wastewater systems, and also highlighted the continued need to address sewer overflows.

While it is heartening to see both major party candidates recognizing the importance of water in this election, the candidates’ responses also make clear that there is significantly more education the municipal clean water community must do to elevate water as a national priority. NACWA will continue to engage the campaigns to advocate for municipal clean water priorities.

 

Utility of the Future

 

NACWA Active in Water Policy Discussions at WEFTEC16, Celebrates UOTF Progress

NACWA members and staff joined more than 20,000 water professionals in New Orleans for WEFTEC16. The Water Environment Federation’s (WEF) committee meetings and special sessions throughout the conference featured a number of discussions around key water policy issues. EPA leaders from the Office of Water headlined the Clean Water Policy Discussion on September 26, with updates on the activities of the Office of Wastewater Management, the Office of Science & Technology, the Office of Wetlands, Oceans & Watersheds, and the Office of Ground Water & Drinking Water.

NACWA and WEF collaborated again this year to convene the Utility Leaders Morning on September 27. Peter Joo Hee Ng, Chief Executive for the Public Utilities Board of Singapore and George Hawkins, Chief Executive Officer and General Manager of DC Water, kicked off the morning with perspectives on fostering innovation at water utilities. Joel Beauvais, Deputy Assistant Administrator for EPA’s Office of Water, initiated a discussion with his office directors highlighting the Agency’s continued focus on nutrients, including a recent memo to the states stressing the importance of making continued progress, as well as EPA’s efforts to explore the issue of low income water affordability issues.

However, the highlight of the morning was the Utility of the Future Today recognition ceremony, which celebrated the progress and exceptional performance of clean water utilities – while supporting the widespread adoption of the innovative Utility of the Future (UOTF) business model. The UOTF concept was first introduced in 2013 by NACWA, the Water Environment Federation (WEF), and the Water Environment Research Foundation (now WE&RF) to guide utilities of all sizes toward smarter, more efficient operations and a progression to full resource recovery with enhanced productivity, sustainability, and resiliency. Since then NACWA’s collaborative work in support of the UOTF principles has continued, and many utilities have successfully implemented new and creative programs to address both technical and community challenges.

The UOTF Today recognition program builds on this success by celebrating these advancements, encouraging the adoption of UOTF principles, and enabling utilities across a broad range of capacities and capabilities to collaborate, learn, and continue to evolve as a unified sector. NACWA congratulates its 43 Member Agency recipients of Utility of the Future Today honors.

Utilities Urged to Sign Letter on Water Conservation, Green Infrastructure Rebates

NACWA recently joined the WaterNow Alliance and the National League of Cities on a letter to the Obama Administration highlighting that rebates for water conservation efforts and use of green infrastructure on private property for stormwater control should not be considered taxable income.  Signatories also include a large number of individual utilities and local elected leaders.  NACWA and a coalition of water organizations have been working with the Administration, Congress, and the Department of Treasury since 2014 on this issue.   Any questions about NACWA’s work on this issue can be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director, Regulatory Affairs & Outreach.

 

Clean Water Financing

 

EPA Announces WIFIA Information Sessions

EPA has announced a series of informational sessions on the Agency's plans to implement the Water Infrastructure Finance & Innovation Act (WIFIA) program, a new financing mechanism to accelerate investment in water infrastructure. WIFIA is designed to provide loans for up to 49 percent of eligible costs for projects of at least $20 million for large communities and $5 million for small communities (population of 25,000 or less). EPA anticipates implementing the program over the coming year as funds become available through Fiscal Year (FY) 2017 appropriations. EPA is currently developing program rules and guidelines and considering comments submitted by NACWA and other organizations in July.

The upcoming informational sessions are designed to provide more details on WIFIA program basics and implementation schedules. The intended audiences are potential WIFIA applicants – including municipal entities, corporations, partnerships, and State Revolving Fund programs – and private and non-governmental organizations that support potential applicants. The locations and dates for the sessions are as follows:

ORLANDO, FL
Thursday, OCTOBER 20

NEW YORK, NY
MONDAY, NOVEMBER 7

SAN FRANCISCO, CA
MONDAY, NOVEMBER 14

LOS ANGELES, CA
Tuesday, NOVEMBER 15

DALLAS, TX
Friday, NOVEMBER 18

To learn more about these sessions, please visit www.epa.gov/wifia.

 

Energy

 

NACWA Advocates on Energy Bill

The Association sent a letter on August 29th to Senate and House Energy bill conferees advocating in support of several key clean water provisions in a final conference package. These provisions include an authorization for a pilot program to promote energy efficiency at water and wastewater treatment facilities, support for greater technical assistance to water and wastewater utilities by the Department of Energy’s Industrial Assessment Centers, and the establishment of an interagency coordination committee to oversee federal research and development funding for projects related to the energy-water nexus. The letter also urges support for a provision to ensure that appliances receiving endorsement under the popular WaterSense program do not have adverse impacts on water quality.

Conferees are expected to negotiate a final package over the coming months, with the expectation that Congress could enact a conference report during the Lame Duck session in December. NACWA will continue to monitor the progress of the bill and update members. Questions about this legislation can be directed can be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Legislative Affairs Manager.

NACWA Advocates on Key Biogas Issues

NACWA recently sent a letter to the House and Senate in support of HR5489/S3248, the Agriculture Environmental Stewardship Act. This legislation, which has been introduced on a bipartisan basis in both the House (Reps. Kind, D-WI and Reed, R-NY) and Senate (Sens. Brown, D-OH and Roberts, R-KS), aims to improve water quality by extending the 30% federal energy tax credit to nutrient recovery technologies and biogas property. The bill is being championed by several associations including the National Milk Producers Federation (NMPF). NACWA has a Memorandum of Understanding with NMPF in support of advancing watershed-level water quality improvement.

 

 

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