Clean Water Current Archive

January 30, 2009

House Passes Economic Recovery Package with $6 Billion for Clean Water

The House approved the American Recovery and Reinvestment Act of 2009 (H.R. 1) Jan. 28 on a party-line vote of 244-188.  The bill contains $63.5 billion in overall infrastructure spending with $11.8 billion, or nearly 20 percent, targeted for water and wastewater infrastructure projects.  Of this amount, $6 billion would be directed to the Clean Water State Revolving Fund (CWSRF) and $2 billion for the Drinking Water State Revolving Fund (DWSRF).  NACWA issued Legislative Alert 09-02 with more details, including an analysis of the proposed legislation’s requirements for utilization of the recovery package funds and a summary of major infrastructure funding provisions of interest to NACWA members.

The Senate Appropriations Committee also approved its spending proposal this week with slightly lower numbers — $4 billion for the CWSRF and $2 billion for the DWSRF.  In addition, the Senate version would require that at least 15 percent of both revolving loan funds be designated for “green infrastructure,” water efficiency improvements, or other environmentally innovative projects.  The House bill contains similar provisions, but targets only 10 percent of the funding to innovative, green infrastructure and makes a broader array of projects eligible.  The Senate is expected to begin consideration of the bill (S. 336) as early as Monday.  NACWA has been working with various senators in an effort to boost clean water spending in the bill in the amendment process.  In addition, Sen. Claire McCaskill (D-Mo.) plans to offer an amendment specifying that the funding can be made available to communities in the form of grants.  The current Senate language would only allow for principal forgiveness or negative-interest loans.

NACWA member agencies are strongly encouraged to contact their senators and any contacts in the Obama administration and urge them to support more funding for wastewater projects in the Senate bill.  Because of the differences between the two bills, once the Senate passes its version, a conference committee will be convened to reconcile it with the House language.  This will provide an additional opportunity for NACWA member agencies to weigh in with their senators and House members to further shape the bill.  President Obama has requested that Congress complete work on the stimulus package and send it to him for signature before they break for the President’s Day recess the week of Feb. 16.

House Panel Looks to Include Water, Wastewater Agencies in Chemical Security Bill

NACWA has learned this week that House Homeland Security Committee Chairman Bennie Thompson (D-Miss.) is looking to reintroduce legislation by the end of February that is nearly identical to the Chemical Facility Anti-Terrorism Act of 2008 (H.R. 5577) considered by the House in the 110th Congress.  The committee’s goal is to mark up the new bill in either March or April and to make permanent the chemical facility anti-terrorism standards (CFATS) that sunset in 2009.  Most importantly, the committee is seeking to extend the requirements to water and wastewater facilities, and potentially mandate a switch from current treatment technologies with a focus on chlorine gas usage to “inherently safer technologies (IST)”.  NACWA and other water sector organizations opposed provisions in the legislation that would subject water and wastewater utilities to the same requirements as private chemical manufacturers. 

While the upcoming bill is not expected to differ significantly from H.R. 5577, the committee will review it with members of the House Energy and Commerce Committee to incorporate their comments and alleviate any jurisdictional concerns with regard to drinking water facilities, and potentially to wastewater facilities as well.  The House Transportation and Infrastructure (T&I) Committee, which oversees Clean Water Act implementation and wastewater infrastructure, appears likely to assert jurisdiction over security at clean water agencies.  Meanwhile, the Senate has yet to start on a CFATS reauthorization bill, and staff for Senate Homeland Security and Governmental Affairs committees have said that the current CFATS authorization may have to be extended.

NACWA Works with Water Sector Groups on Strategy for CFATS Bill

NACWA will continue to press the case that drinking water and wastewater agencies are public service providers whose purpose is to protect public health and the environment and therefore should not be regulated in the same way as private chemical manufacturers.  NACWA is also working with other water sector organizations to provide congressional staff with information on how IST and other provisions in the bill could ultimately interfere with their operations and emphasize the importance of maintaining decision-making authority at the local level.  In addition to this joint effort, NACWA is urging various member agencies in targeted congressional districts to contact their representatives on this extremely important issue.

Register Today for NACWA’s National Pretreatment & Pollution Prevention Workshop!

NACWA’s unique and popular National Pretreatment & Pollution Prevention Workshop this year will be held March 25-27 in Charlotte, N.C., and online registration is available now.  This unique conference is one of the few places pretreatment professionals can gather to get updates on the latest information about priority pretreatment and pollution prevention issues.  Since NACWA's last Workshop 15 months ago, much is likely to take shape under the new administration, making it even more important to register for 2009 Workshop today.  Join us for the only conference designed especially for pretreatment professionals.  Visit www.nacwa.org/meetings for additional information.

We wish safe travels and look forward to seeing many of you next week at NACWA's 2009 Winter Conference, Controlling Chaos: Managing Capital Costs in an Uncertain Economic Environment, in Atlanta.