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This edition of the National Association of Clean Water Agencies’ (NACWA) Legislative Update, current through November 18, 2008, provides a brief update of transition-related issues as President-elect Barack Obama sets priorities for the incoming administration and the 111th Congress begins to consider and develop its agenda for 2009.  For more detailed information regarding NACWA activities related to specific legislation, click on the web links in selected news items, or contact NACWA’s Byron DeLuke at 202/833-4655 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

You can read bills on NACWA’s Bill Tracker, which provides a direct link to congressional websites where bill texts and summaries are posted.  You can find NACWA letters, statements, alerts, updates and related documents under Legislative in the Member Pipeline section of the NACWA website.

NACWA Pushes for Inclusion of Clean Water Projects in Second Stimulus Bill

Congress returned to Washington on November 17 for a lame-duck session to address reorganization issues for the 111th Congress and to consider a second economic stimulus package before returning home for the Thanksgiving holiday.  These efforts received a significant boost on Nov. 7 when president-elect Barack Obama stated that a “fiscal stimulus plan that will jump-start economic growth is long overdue,” adding that “the one thing I can say with certainty is that we are going to need to see a stimulus package pass either before or after the inauguration.”  This is an encouraging development and NACWA is working to ensure that the stimulus package is infrastructure-based and provides funds for wastewater projects in particular.   

NACWA sent an Oct. 15 letter and accompanying list of ready-to-go projects to House Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.), and to every member of Congress urging them to enact a second stimulus package this year that would include significant grant funding for wastewater infrastructure.  The letter points out that while the earlier House-passed stimulus bill, H.R. 7110, provides $6.5 billion for the clean water state revolving fund (CWSRF), with a limit of only about $100 million that can be distributed in the form of grants to Indian Tribes, NACWA believes more money overall, and having all or a significant portion of the funds go out in the form of grants, is vital.  “When considering the current economic circumstances municipalities face, these funds should be distributed primarily in the form of grants and potentially also negative interest loans for ready-to-go clean water projects based, of course, on a community’s economic situation,” the letter said.  The information on ready-to-go projects is also important as it demonstrates the fact that there are sufficient wastewater projects for which shovels can be put in the ground quickly for inclusion in a stimulus package.  NACWA’s ready-to-go project list currently identifies more than $9 billion of such projects.

NACWA also sent a Nov. 11 letter to Reid, Pelosi, and every other member of Congress seeking to ensure that the funds will not solely go to projects currently backlogged on the clean water state revolving fund’s (CWSRF’s) Intended Use Plan (IUP) list.  The Association asked that projects be chosen for stimulus package funding based on the readiness to begin the project, not simply whether a municipality has completed a CWSRF application, and asserted that “this would have resulted in an inequitable outcome and served to hinder the objective of the stimulus package – to put shovels in the ground and people to work as expeditiously as possible.”  Similarly, the letter points out that “many municipalities have negotiated consent decrees for their combined and sanitary sewer overflow control projects that are fully ready-to-go, meaning the federal and state oversight agencies have approved these projects.”  These projects could be blocked from moving forward if the only definition of ready-to-go means being on the State’s CWSRF IUP list.  In line with the possibility, however, that projects may have to be on this list, NACWA is encouraging its members to apply for CWSRF funds in order to be eligible for stimulus money.

NACWA is also seeking legislative language in the stimulus bill that makes eligible all of these potential ready-to-go projects, whether they have undergone the CWSRF application process or not.  The Association met Nov. 7 to discuss this issue with key staff from the Senate Environment and Public Works (EPW) Committee, who understood that communities without projects on the IUP list should not be left out of the stimulus package.  In addition to these staffers, NACWA has also met with other key groups, such as the U.S. Conference of Mayors and the U.S. Environmental Protection Agency to discuss the stimulus package.  The Association will continue to provide input as the infrastructure package moves forward.

House Hearing on Stimulus Bill Puts Spotlight on Wastewater Infrastructure Investment

NACWA’s efforts also received significant assistance and attention at an Oct. 29 Transportation & Infrastructure (T&I) Committee hearing titled “Investing in Infrastructure: The Road to Recovery,” which featured 19 witnesses and a significant focus on wastewater infrastructure funding as a key component of any future stimulus package.  NACWA submitted written testimony for the record, calling on Congress to include $10 billion for wastewater infrastructure in the bill.  

The Association’s position was supported by several key witnesses, including Louisville, Ky., Mayor Jerry E. Abramson, testifying for the U.S. Conference of Mayors, who noted that “Congress should allocate an additional $18.75 billion directly to cities as grants to assist with rehabilitating aging water and sewer infrastructure, complying with sewer overflow issues, and promoting source water protection” via a second stimulus package.  Similar testimony was provided by Judith Enck, New York deputy secretary for the environment, and Terry Dillon, president of the National Utility Contractors Association, both of whom referenced NACWA’s ready-to-go wastewater project list and echoed the Association’s call for $10 billion to pay for the projects in any future stimulus bill.  The testimony of these and other key witnesses is available on the T&I Committee’s website.

Rep. James Oberstar (D-Minn.), chair of the committee, and Ranking Member John Mica (R-Fla.) spoke of the need to have wastewater projects in the stimulus package on several occasions during the hearing.  Oberstar also noted that stimulus legislation would generally follow the lines of an earlier $60 billion stimulus bill (H.R. 7110) that passed the House, but stalled in the Senate prior to recess.  NACWA sent a Sept. 4 memo listing public agency ready-to-go projects to Rep. David Obey (D-Wis.), chairman of the House Appropriations Committee, and met with congressional staff to ensure that the bill contained $6.5 billion for wastewater infrastructure.  Oberstar told reporters later that the new version likely would have higher funding levels (discussions have ranged from $100-$300 billion).  NACWA also issued a press release to ensure coverage of its position in the media.

Stimulus Package Discussion Dominates Lame-Duck, But Could Be Pushed to 2009

The timing of a stimulus package is still uncertain because of the presidential transition.  While some on the Hill say that it would be better to get it done during a lame-duck session and demonstrate bipartisan support for such a package, others note that it would be easier to pass an infrastructure-based package after the election.  Senate Republicans already blocked passage of a similar package in Sept. and have given little indication that they would support it this time.  Key staff members for Senate Majority Leader Harry Reid (D-Nev.) have told NACWA that Republicans would likely not allow the Senate to move on the legislation this year, but Senate Minority Leader Mitch McConnell (R-Ky.) has not yet taken a position on the bill.  The White House is maintaining a similar position, indicating that it opposed the kind of stimulus package sought by Democratic leaders in September.

Regardless of the timing of the bill, however, NACWA will continue to ramp up meetings with key staff of House members and Senators to broaden support for a strong wastewater infrastructure component in the stimulus package.  The Association continues to update its list of ready-to-go projects submitted by public wastewater treatment agencies that currently totals nearly $9 billion and has used this information to build support for increased wastewater project funding levels in the stimulus bill.  NACWA also urges you to share your utilities’ ready-to-go projects with your Representatives and Senators while they are at home during this recess.  If you have projects you would like to add to this list or have discussed the issue with your Members of Congress and received feedback, please share it with Byron DeLuke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Engages Obama Transition Team on Clean Water Priorities

With this month’s historic election over, attention is turning to the Presidential Transition Team and what an Obama Administration will mean for the water sector.  NACWA is engaging the transition team for President-Elect Barack Obama and key leaders in Congress to highlight the clean water community’s priority issues in the coming year.  The president-elect is expected to move quickly to make key appointments and draft a legislative agenda that will most likely include consideration of a stimulus package – if one is not enacted during the upcoming lame-duck session.  Obama is expected to emphasize restoring public confidence and reinvigorating the federal government’s role in domestic issues, including the environment.

With this in mind, NACWA sent a Nov. 11 letter identifying the clean water community’s top policy recommendations to Carol Browner, head of Obama’s environmental transition team and to other key officials as well as those who will be part of the process to vet candidates for key environmental posts, including EPA administrator, assistant administrator for water and head of the Council on Environmental Quality.  The transition to a new administration and new Congress is a unique opportunity to articulate and advance the clean water community’s priorities and to ensure political appointees within key agencies are aware of, and prepared to consider, these issues.  NACWA’s letter specifically identifies several issues as top priorities for the clean water community, including sustainable infrastructure investment and financing, pursuing meaningful solutions to wet weather issues, taking meaningful steps toward holistic, innovative, and watershed-based approach to address 21st century challenges, and addressing the challenges presented to the water sector by climate change.  It states that “NACWA member agencies are seeking a recommitment to a strong, long-term federal-state-local partnership that was so instrumental in helping us achieve the water quality improvements under the Clean Water Act that we enjoy today.  Through this strong partnership, not only will we be able to maintain the clean water progress achieved to date but we will also have the tools and resources needed to move forward toward the next level of water quality improvements.”

NACWA Prepares for Busy Year as Democrats Increase Majorities in Congress

Democrats also dramatically expanded their majorities in the House and Senate on Tuesday, which improves their ability to move clean water legislation.  The Democrats added 19 seats to their existing 17-seat majority in the House, with some races still undecided, and increased their one-seat majority in the Senate by at least six seats.  Though not yet reaching the 60 seats needed to block a filibuster in the Senate, the new numbers will help Democrats improve the prospects for passage of key legislation in the areas of climate change, chemical security, Clean Water Act jurisdiction, beach protection, sewer overflows, and infrastructure funding.  NACWA’s aggressive advocacy this past year on all of these bills helped ensure that they reflected the concerns of the clean water community, putting the clean water community in a solid position going into 2009.   

That being said, a significant amount of work remains to be done to proactively pursue important new policies that will benefit NACWA’s Member Agencies, while also preparing to counter programs that seek to impose unnecessary or inappropriate burdens and costs.  A key component of this is NACWA’s Fiscal Year (FY) 2009 Critical Issues Action Initiative.  The political sea-change in the nation’s Capital demonstrates the vital importance of this Initiative.  Member support of the Critical Issues Action Initiative is greatly appreciated and will help ensure that the Association and its members have the tools needed to make the case for the nation’s clean water communities in the 111th Congress and the incoming Obama Administration.  For additional information on the key effort, please refer to the Oct. 20 Special Edition Current.  NACWA will continue to keep members fully apprised of developments throughout the transition process and also of NACWA’s advocacy efforts during this critical period.

Post-Election Game of Musical Chairs in Congress

On Nov. 7, Senator Byrd (D-W.Va.) announced that he will step down as chair of the Senate Appropriations Committee, which controls about one-third of all federal spending – including for the Environmental Protection Agency (EPA).  Byrd was under pressure to step down because of concern that at age 90, he may not be up to the tremendous amount of work required to deal with two wars and a budget deficit approaching $1 trillion.  Senator Daniel Inouye (D-Hawaii) will be Byrd’s successor.

Also, in a clash of supremely influential members of the House, Rep. Henry Waxman (D-Calif.), long-time number two Democrat on House Energy and Commerce Committee (which has jurisdiction on energy, health care, climate change, clean air, nuclear power, Superfund, and many other hot button issues has successfully challenged long-time chairman John Dingell (D-Mich.) and will take over the leadership of that powerful committee in the 111th Congress.  Waxman will likely pursue a far more aggressive agenda on climate change and may include wastewater agencies in regulatory cap-and-trade systems.  NACWA will continue to follow this and other leadership struggles as they develop.

Climate Change

NACWA Meets with GAO, Provides Input to Climate Change Adaptation Report

At the request of Rep. Ed Markey (D-Mass.), Chair of the House Select Committee on Energy Independence and Global Warming, the U.S. Government Accountability Office (GAO) is beginning a study on the response of different sectors to climate change.  The objectives of the study are to determine what all levels of government are doing to adapt to a climate-driven environment, what challenges communities are facing in adapting to climate change, and what actions can government take to deal with these challenges.  NACWA met with GAO representatives on Nov. 5 to provide information about the needs of wastewater utilities in adapting to climate change and about the work done by the Association has done and has underway regarding climate change.

To provide information about the concerns and challenges of wastewater utilities in the face of climate change, NACWA gave GAO copies of its white paper, Climate Change: Emerging Issues for Clean Water Agencies , and the summary of discussions that occurred at the 2007 Water Sector Forum on Climate Change.  NACWA emphasized that climate change is fundamentally a water issue, and that significant government investment is needed for research on the likely impacts of climate change to the water sector, so that utilities have the appropriate information when considering adaptation measures.  NACWA also discussed the regulatory changes that should be made to enable clean water agencies to address water issues that will become even more important with climate change, such as water reuse and addressing water quality via a watershed approach.  Depending on scoping discussions being undertaken by GAO, a full study on this topic is not expected to be completed for at least nine months.