» Update Archive

This edition of NACWA’s Legislative Update, current through March 1, 2010, provides information on the activities of the 111th Congress of interest to the nation’s publicly owned treatment works (POTWs).   For more detailed information regarding NACWA activities related to specific legislation, click on the web links in selected news items, visit NACWA’s website, or contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or (202) 533-1823. 

During February, the busy pace that has hallmarked the 111th Congress continues as many high profile items are debated in the context of an uncertain political landscape.  During the month, the Senate’s focus was centered on job creation as Democratic leadership pushed forward legislation designed to assist in the ongoing economic recovery by reducing the nation’s persistent unemployment rate.  At the same time, both the House and Senate have begun the process of examining the Obama Administration’s budget requests.  Budget consideration and determinations will be ongoing through February and March as Congress determines its priorities and how they align with those presented by the Administration.

Funding and Appropriations

Fiscal Year 2010 Budget Continues Commitment to Clean Water

President Barack Obama unveiled his Fiscal Year 2011 budget in early February.  Included in the President’s budget is $10 billion for the Environmental Protection Agency (EPA) including $2 billion for the Clean Water State Revolving Fund (CWSRF); $274 million for Section 106 Pollution Control Grants; $300 million for the restoration of the Great Lakes and $63 million for the restoration of Chesapeake Bay.  The funding requests represent slight decreases from Fiscal Year 2010, specifically a reduction of $300 million from EPA’s overall budget and $100 million for the CWSRF from Fiscal Year 2010 enacted levels.

The President’s budget contains a provision seeking to change the amount of SRF funding available for additional subsidization.  The request seeks to limit the amount of funds states can use for additional subsidization by requiring states to use not more than 30% of their funding for additional subsidization for that portion of the CWSRF funded above $1 billion overall.  In the FY10 appropriations bill, states were required to use  not less than 30% of their SRF funds for additional subsidization for the portion of funding over the $1 billion provided to the CWSRF. 

NACWA will work with Members of Congress in the coming months to ensure the maximum amount of funding is applied to the CWSRF and other clean water priorities and will continue our efforts to increase additional subsidization available to states through the SRF program.  NACWA has already held meetings with the office of Senator Jack Reed (D-R.I) to build support for the maximum level of CWSRF funding in fiscal year 2011.  In support of this effort, NACWA is working to draft, circulate and build support for a "Dear Colleague" letter that seeks significant funding for the CWSRF.  NACWA expects the letter to be introduced and circulated in the coming weeks and will share new information with its members as it develops.

Senate Approves Jobs Bill, Additional Job Creation Legislation Expected

After initial delays, the Senate passed its version of the "Jobs For Main Street Act" in late February providing $15 billion for domestic job creation.  The bill seeks to spur job creation by providing various tax incentives related to hiring, extending the surface transportation program and by expanding the Build America Bonds program.

Senate deliberations began in November 2009, however the effort hit a roadblock following the election of Senator Scott Brown (R) in Massachusetts. Following this development, leadership worked to put together a jobs bill that could pass the Senate with bipartisan support. To accomplish this, Majority Leader Harry Reid (D-Nev.) tasked Senators Max Baucus (D-Mont.) and Chuck Grassley (R-Ia.) to compose a package of investments that would gain the support of legislators in both political parties.  Baucus and Grassley released their proposal on February 11, but shortly thereafter Majority Leader Reid scuttled the proposal by announcing the Senate would consider a smaller package focused on small business tax incentives, unemployment extension, and transportation.

After initial debate, Reid’s bill passed the Senate on Wednesday, February 24 clearing the deck for additional job creation bills.  Although strategies are still being determined, it is expected additional job creation legislation containing infrastructure investments — including clean water needs — will be introduced in the coming weeks. 

NACWA continues to advocate under the view that wastewater infrastructure funding has a strong possibility of being part of future job creation bills given the consistent support for wastewater infrastructure funding in the Senate.  NACWA worked with the offices of Senators Ben Cardin (D-Md.) and Sheldon Whitehouse (D-R.I.) to build support for a "Dear Colleague" letter urging $6 billion in water infrastructure investments ($3bn CWSRF/ $3bn DWSRF) as part of any Senate jobs package.  Thirty Democratic senators representing 1/3 of the Senate and over half of the Democratic caucus signed on to the letter.  This successful effort ultimately led to water infrastructure’s inclusion in the "Democratic Jobs Agenda" released by Senate leadership.  The agenda outlined the Democrats’ job creation priorities for the remainder of the year.  NACWA will continue to press for clean water funding in the Senate’s job creation efforts and will monitor the situation as it unfolds keeping our Members informed of any progress as it occurs.

Trust Fund Efforts Continue with Focus on Transportation and Infrastructure Committee

NACWA continues its efforts to build support for The Water Protection and Reinvestment Act of 2009 (H.R. 3202) in the U.S. House of Representatives, holding meetings with  Members of the House Transportation and Infrastructure (T&I) Committee as well as original co-sponsors of the legislation.  Following five consecutive months of building support for the measure with the Water Infrastructure Network (WIN), we have bipartisan support from 29 co-sponsors.  In February, we began to focus on Democrats on the House T&I Committee while also working with original Republican co-sponsors to gain additional Republican support for the bill.

NACWA recently met with the offices of Harry Mitchell (D-Ariz.), Congressman Chris Carney (D-Pa.), Congressman Phil Hare (D-Ill.), and Congressman John Hall (D-N.Y,) to urge their support of the bill through co-sponsorship.  NACWA also met with the Office of Congressman Mike Simpson (R-Idaho) — one of the bill’s original co-sponsors — to thank him for his leadership and to work with him to reach out to his Republican colleagues.  We will continue holding meetings with additional congressional offices throughout March.

As we continue our efforts in Washington, D.C., we encourage Members to contact their congressional delegations locally.  Direct contact from local wastewater utilities is critical to secure Member support for the legislation.    To assist with your outreach efforts, NACWA has made available an array of educational materials on its Clean Water Funding Network website, www.cleanwaterfunding.org. These materials include sample letters of support to send to your Representatives, press kits, and other outreach tools.  Please contact NACWA’s Pat Sinicropi at (202) 533-1823 or John Krohn (202) 833-4655 for more information on how you can assist with this important effort.

Green Infrastructure Support Continues to Grow in House 

During February, NACWA continued its outreach in support of The Green Infrastructure for Clean Water Act of 2009.  Since its introduction in December, the legislation has picked up significant momentum gaining additional non-profit partners and legislative co-sponsors at a fairly rapid pace.  Recent additions for co-sponsorship include:  Congressman Bob Filner (D-Calif.), Congressman Rush Holt (D-N.J.), Congressman Steve Kagen (D-Wis.) and Congresswoman Zoe Lofgren (D-Calif.).  With these additions the bill currently has a total of 19 co-sponsors.

NACWA is working with other stakeholders to hold a briefing on Capitol Hill in mid-March to garner additional support in the House and will continue to pursue the introduction of companion legislation in the Senate. If you have any questions regarding how you may be able to assist in this effort please don’t hesitate to contact Keith Jones or John Krohn at 202.833.2672.

Watersheds

NACWA Makes Progress on 21st Century Watershed Act, Chesapeake Bay Bill

During NACWA’s Winter Conference, the Legislative Policy Committee discussed the Association’s potential support for the Chesapeake Bay Reauthorization bill introduced by Senator Ben Cardin (D-Md.) last October.  Senator Cardin has asked for NACWA’s support of the legislation which would impose significant new requirements on nonpoint sources of nutrient and sediment pollution going into the Bay and expand both federal and state authorities to clean up the Bay and restore its ecological health. The Legislative Policy Committee recommended that the Board take up the issue based on a general consensus that NACWA’s support for the legislation would be important. On February 12, the Board discussed the legislation on a conference call during which members from the Chesapeake Bay watershed discussed some of their concerns and recommendations for changes in the bill.  Those recommendations focused on ensuring that the reduction targets mandated under the bill would not fall disproportionately on the wastewater treatment community.  NACWA staff was asked to meet with Senator Cardin’s staff to discuss the Association’s recommended changes to the bill.  These recommendations included: adding language to ensure that both point sources and nonpoint sources are held equitably responsible for their proportionate contributions of nitrogen, phosphorous and sediment; that codification of a Bay total maximum daily load (TMDL) retain flexibility so that future adjustments can be made if necessary, including through a use attainability analysis (UAA) process; that reduction targets be based on the TMDL currently under development and not reduction targets encapsulated in the 2003 TMDL; and, that nitrogen sources from air deposition remain part of the legislation's scope. 

On February 19, NACWA staff met with Senator Cardin’s staff to review this list and suggested that Senator Cardin meet with NACWA members to discuss these concerns directly.  We expect a meeting to occur within the next several weeks.

On a related note, on February 18, NACWA convened a group of stakeholders to discuss and further refine its draft 21st Century Watersheds Act.  Organizations that were represented included the Association of State and Interstate Water Pollution Control Agencies, Illinois Department of Environmental Protection, Virginia Department of the Environmental Quality, Water Environment Federation, Natural Resources Defense Council, American Rivers, Environmental Law and Policy Center, and the Chesapeake Bay Foundation.  NACWA's President Kevin Shafer, Executive Director of the Milwaukee Metropolitan Sewerage District, and Charlie Logue, Chair of NACWA's Watershed Task Force and Director of Technical Services for Renewable Water Resources in Greenville, S.C., were on hand to represent NACWA’s interests and voice the municipal agency perspective. The participants agreed that the basic watershed concept embodied in NACWA's legislative proposal was something they could support and were enthusiastic about continuing to work with NACWA to move specific legislation forward but first wanted to get the group to support a broader set of principles embodied in the legislation.  NACWA committed to reconvening the group in the spring along with additional organizations representing  municipal and nonpoint source interests.

Wastewater Security

CFATS Bill Introduced in Senate without Water Security Provision

This month Susan Collins (R-Maine), Ranking Member of the Senate Government Operations and Homeland Security Committee, introduced legislation to reauthorize the Chemical Facilities Anti-Terrorism Standards program.  The legislation, entitled the Continuing Chemical Facilities Antiterrorism Security Act of 2010 (S.2996) would extend the program for an additional five years and does not include provisions on chemical security standards for wastewater utilities.  With this development, the Senate is now in line with the Obama Administration who requested an extension of the current program in their Fiscal Year 2011 budget request.

Earlier this year, the U.S. House of Representatives approved the Chemical and Water Security Act of 2009 (H.R. 2868).The House bill had specific provisions requiring POTWs to conduct vulnerability assessments and site security plans, and provided for the consideration of inherently safer technologies at POTWs operating at or above 2.5 mgd. 

NACWA will continue to monitor the progress of the Collins bill.  As these conversations continue, NACWA will work to ensure that the final action moved by Congress omits, or minimizes the burden of, any new security requirements placed on wastewater utilities.  Should you have any questions regarding this matter please contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 833-4655.