» Clean Water Current Archive

October 2, 2009

Comprehensive Climate Legislation Introduced in Senate Reflects NACWA Input

Senators Barbara Boxer (D-Calif.), Chair of the Environment & Public Works (EPW) Committee, and John Kerry (D-Mass.) introduced S. 1733, The Clean Energy Jobs and American Power Act, this week to reduce global warming pollution, transition to a clean energy economy, promote energy independence, and create jobs.  The legislation is designed to mitigate greenhouse gas emissions and also contains key provisions that help states and communities, including clean water agencies, adapt to climate change.

Additional details concerning the bill will be made available in the next Legislative Update, but NACWA’s overarching goal was to ensure that the bill recognized that climate change is, in large part, a water issue.  The inclusion in S. 1733 of two provisions addressing water-related issues, including a program called the Water Systems Mitigation and Adaptation Partnerships (WSMAP) that was championed by a coalition of water associations and environmental organizations that NACWA helped lead, exemplifies the Senate’s growing understanding of the climate-water nexus.  The WSMAP program would provide 50% matching grant assistance to drinking water, wastewater and stormwater utilities to help them address climate-related impacts, including impacts related to water supply and water quality/treatment issues as well as infrastructure impacts caused by rising sea levels or extreme storm events.   The second adaptation-related program is called the Coastal and Great Lakes State Adaptation Program (CGLSAP), which would provide funds to coastal and Great Lakes states to address impacts of climate change to coastal ecosystems, communities, water supplies and public infrastructure.  Though there is no requirement that that States distribute the funds they receive under CGLSAP to local utilities, they must use the money only for water-related adaptation needs.

More broadly, the greenhouse gas mitigation requirements outlined in S. 1733 track closely with the basic requirements for a cap-and-trade system contained in the House climate change package passed earlier this year (H.R. 2454) in that it sets the trigger for covered entities at 25,000 metric tons of CO2 equivalents.  This bill does, however, require reductions from these covered facilities at a more rapid rate, including a target goal for reductions of 20% by 2020 versus the House legislation which sets the 2020 target to 17% (both using the baseline of 2005 emission levels).

NACWA will continue to underscore the water-climate nexus as the legislation moves through the various committees for approval.  The next step is deliberation by the Senate EPW Committee, which is scheduled to begin hearings on the measure by mid-October with mark-up occurring by October 30.  A number of additional Senate committees could receive the bill to mark up, including Foreign Relations, Agriculture, Energy and Natural Resources, and Finance.  There is pressure for the full Senate to consider the legislation prior to the upcoming United Nations-sponsored conference on climate change in Copenhagen, Denmark in early December; however, most observers believe it will be difficult for the full Senate to act by then, making it likely that full Senate action will be delayed until next year.

NACWA Files Brief Asking Ninth Circuit to Rehear Biosolids Case

NACWA filed a brief today with the U.S. Court of Appeals for the Ninth Circuit in San Francisco asking the court to reconsider its previous ruling in City of Los Angeles et al v. Kern County and stressing the important connections with interstate commerce created by biosolids management programs.  The Ninth Circuit issued a decision in the case on Sept. 9 finding that the Plaintiffs, including a number of NACWA member agencies in Southern California, did not have the proper legal standing to bring a federal Commerce Clause claim against a local ordinance enacted by Kern County, Calif. to ban the land application of biosolids.  (A more detailed analysis of the court’s ruling can be found in Legal Alert 09-03.)  The NACWA brief disputes this finding and argues that biosolids management programs, and in particular land application programs, have significant enough connections with interstate commerce to warrant protection under the Commerce Clause of the U.S. Constitution.  The brief outlines the many and various commercial relationships that impact interstate commerce through land application programs, including the effects on interstate commerce that land application bans such as Kern County’s would create.  The brief also discusses the negative implications the court’s ruling could have on clean water agencies both within the Ninth Circuit and across the country.

NACWA filed the brief in support of member agencies the City of Los Angeles, the Orange County Sanitation District, and the Sanitation Districts of Los Angeles County, which have filed a petition  with court to rehear and reconsider its July 9t ruling.  The Ninth Circuit this week issued an order  directing Kern County to respond to the request for rehearing, which is an unusual action and suggests the court will seriously consider the petition for rehearing.  A copy of the NACWA brief and more information on the case can be found on NACWA’s Litigation Tracking webpage; we will continue to keep the membership updated on any developments.

Security Metrics Reporting Now Open – Please Participate!

NACWA urges all public utility members to participate in the 2009 water sector security measures reporting.  The Water Sector Coordinating Council developed this set of metrics as part of an ongoing effort to gather information on the water sector's progress regarding security and "all hazards" preparedness.  These metrics support the implementation of the Water Sector-Specific Plan (SSP) and are critical to keeping utility owners/operators, federal legislators and regulators informed about the proactive steps we are taking as a sector.  This reporting helps track and communicate drinking water and wastewater utility progress in the areas of security, preparedness, and resilience.  The questionnaire consists of a short series of questions expected to take 15-30 minutes to complete and is available by clicking on the box with the header “Participate in the 2009 Water Sector Metrics Initiative” on the homepage of the WaterISAC public website.  All responses are anonymous, and will be aggregated before they are reported to EPA and the Department of Homeland Security (DHS).  For more information about the security measures, see Member Update 09-16, which is scheduled to be distributed to members on Monday.  Responses are due by Friday, October 30, 2009.

NACWA Continues Efforts to Gain Support for Clean Water Trust Fund

This week, NACWA continued its efforts to raise awareness and build support for the Water Protection and Reinvestment Act, H.R. 3202, which seeks to establish a $10 billion a year trust fund for water and wastewater infrastructure projects.  Staff from NACWA, in coordination with the American Society of Civil Engineers (ASCE), met with 25 offices in the U.S. House of Representatives to gain their support and possible co-sponsorship of the trust fund bill.

This week NACWA met with staff of the following members of Congress:  Nikki Tsongas (D-Mass.); Don Young (R-Alaska); Steve Kagan (D-Wis.); Todd Platts (R-Pa.); Michael E. McMahon (D-N.Y.); Gene Taylor (D- Miss.); Solomon Ortiz (D-Texas); Mike McIntyre (D-N.C.); Artur Davis (D-Ala.); Michael Capuano (D-Mass.); Katy Hartnett (D-Mo.); Tim Holden (D-Pa.); Bill Pascrell, Jr. (D-N.J.); Luis Guiterrez (D-Ill.); Mary Jo Kilroy (D- Ohio); Bob Inglis (R-S.C.); John Tierney (D-Mass.); Carol Shea-Porter (D-N.H.); Bobby Bright (D-Ala.); Gerry Connelly (D-Va.); John Larson (D-Conn.); Candice Miller (R-Mich.); John Conyers (D-N.Y.); John Sarbanes (D-Md.); and Delegate Kilili Sablan (D- Mariana Islands).

NACWA will continue to conduct meetings with additional House offices in the coming weeks as we continue our efforts to build support for the trust fund bill.  The bill now has 17 co-sponsors and NACWA continues to encourage all member agencies and affiliates to contact their Representatives to urge their co-sponsorship.  If you have any questions or require additional information on our efforts please contact either Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or John Krohn at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information on this initiative.

Administration Testifies at Key Security Hearing in Support of EPA Oversight of POTWs

Officials from the Obama Administration testified yesterday before the House Subcommittee on Energy and Environment making it clear that water sector security for wastewater and drinking water should be administered by EPA.  Rand Beers, DHS Undersecretary of the National Protection and Programs Directorate and Peter Silva, EPA Assistant Administrator for Water, appeared before the House panel to present the details of the Administration’s position.  NACWA has advocated aggressively that wastewater and drinking water utilities be regulated by EPA to avoid bifurcated federal jurisdiction.  In support of this effort, NACWA recently sent correspondence to DHS and EPA outlining our position and met with Mr. Silva to share our concerns on the burdens that bifurcated security oversight and enforcement would place on our industry.  In line with NACWA’s position, Silva said in his testimony that "establishing a single lead agency for both will promote consistent and efficient implementation of chemical facility security requirements across the water sector."

The announcement by the Administration represents a significant step in NACWA’s efforts to ensure that any security plan does not overburden utilities by requiring duplicative, inconsistent or overly onerous requirements.  NACWA will continue to work with the key House committees involved in this issue to ensure that the voice of the Nation’s clean water community continues to be taken into account as this legislation progresses.  To help inform our advocacy efforts, NACWA will be circulating a survey to its members asking them for data on potential costs related to the requirements outlined in pending legislation.  Should you have any questions on our efforts or the individual bill progressing through Congress please don’t hesitate to contact Pat Sinicropi at (202) 533-1823 or John Krohn at (202) 833-4655 for more information.

National Environmental Achievement Award Applications Are Now Available

NACWA is now accepting submissions for the 2010 National Environmental Achievement Award (NEAA) program!  This prestigious award program celebrates both member agencies and individuals’ contributions and dedication to environmental stewardship.  Honorees must have demonstrated outstanding advocacy or have implemented projects that positively impact the environment as well as their utility, community, and the clean water sector as a whole.  NACWA member agencies are encouraged to apply by Friday, December 4.  Categories for the NEAA Individual Achievement Awards include: Public Service, Distinguished Service, and Environment.  The Agency NEAA categories include: Research & Technology, Operations & Environmental Performance, Public Service, and Public Information & Education.  Learn more about this award program and download the application online.  Contact Kelly Brocato, director of membership development, at 202/833-1449 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions on this award program.

Continuing Legal Education (CLE) Credits Approved for Law Seminar

In addition to its unparalleled agenda, NACWA’s 2009 Developments in Clean Water Law Seminar has secured approvals from a number of states for Continuing Legal Education (CLE) credits, including ethics credits, with more approvals expected from additional states in the coming weeks.   The Seminar, scheduled for November 11-13 at the Marriott Metro Center in Washington, DC, will feature an array of top speakers discussing cutting edge topics in clean water law.  Among the presenters will be Peter Silva, EPA Assistant Administrator for Water, Cynthia Giles, EPA Assistant Administrator for Enforcement and Compliance Assurance, and Katherine Baer, Senior Director of Clean Water Programs at American Rivers.  Topics to be addressed at the Seminar include what to do when legal rules change, managing public perception of your utility, and understanding key legal terms of art.  There will also be an overview of the current state of clean water law, a review of the top 10 Clean Water Act cases of the past year, and information on current clean water enforcement trends.

CLE credits for the Seminar have been approved by the states of California, Colorado, Pennsylvania, Missouri, New York, and Georgia, with the number of credit hours approved ranging between 13 and 17.  Applications for credit are still pending with multiple other states and approval is expected in the coming weeks.  More detailed information regarding CLE approvals and applications is posted online  at NACWA’s Conference and Professional Development page, along with additional information on the Seminar’s agenda and registration procedures.  The advanced registration deadline is October 19, so make your plans today!