» Update Archive

This edition of NACWA’s Legislative Update, current through March 31, 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 John Krohn at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All bills mentioned in this Update can be found at thomas.loc.gov.

During March, the 111th Congress passed comprehensive healthcare reform freeing up the legislative branch to work on the other priorities that have been stalled as a result.  Two issues that will likely gain added attention in the coming months are climate and energy legislation and the Fiscal Year (FY) 2011 appropriations bill to fund the U.S. Environmental Protection Agency (EPA) and its key water programs.  As part of the FY 2011 appropriations bill, NACWA is building support for the state revolving fund (SRF) program and is pursuing legislative language that would require EPA to review and update its existing approach to affordability/financial capability with significant opportunities for stakeholder input. 

Affordability/Financial Capability

NACWA Seeks Appropriations Rider Requiring EPA Affordability Review

NACWA continues to press ahead with legislative language that would require EPA to review and update, with stakeholder input, affordability criteria as outlined in the Agency’s outdated 1997 guidance document Combined Sewer Overflows- Guidance for Financial Capability Assessment and Schedule Development.  As part of our ongoing efforts, Ohio Senators George Voinovich (R) and Sheldon Brown (D) submitted an appropriations request that would require EPA to review and update its guidance taking into account a larger array of financial and economic considerations in implementing Long Term Control Plans and CSO/SSO control projects.

During March, NACWA met with key congressional offices to push the request forward, including professional staff on the Senate Environment and Public Works (EPW) Committee and the office of Congressman Jim Moran (D-Va.), Chairman of the House Interior, Environment and Related Agencies Appropriations Subcommittee.  NACWA will continue advocating for the language and plans to meet with majority staff on the Transportation and Infrastructure (T&I) Committee as well as the offices of Senator Herb Kohl (D-Wis.) and Daniel Akaka (D-Hawaii) this week. 

The request is part of NACWA’s ongoing effort to highlight the lack of flexibility in EPA’s current regulatory regime as it applies to Clean Water Act enforcement actions.  NACWA is pursuing the appropriations rider as the Water Infrastructure Financing Act (S.1005) has stalled in the Senate over Davis-Bacon and formula issues.  S. 1005 included language encouraging EPA to review the 1997 guidance but lacking many of the specific review and update requirements contained in The Clean Water Affordability Act (S.854) — the original vehicle for this legislative fix.

Our legislative efforts are just one part of NACWA’s ongoing advocacy to address affordability concerns facing clean water utilities across the nation. Many NACWA members, including those in Ohio, Kentucky, Tennessee, Hawaii and elsewhere are increasingly finding themselves battling the EPA as the Agency increases its enforcement and regulatory activities. In this climate, NACWA will continue to have regular meetings with EPA staff on the issue and are in the process of rolling out a multi-year public education campaign called "Money Matters".  Through this effort, NACWA is seeking to raise public awareness on the fiscal impacts that municipalities and clean water agencies are experiencing due to a lack of flexible and innovative approaches to Clean Water Act compliance and needs.

Funding and Appropriations

Fiscal Year 2011 Appropriations Move Forward, NACWA Seeks Increased Funding

The FY 2011 appropriations process made strides as filing deadlines for individual member requests, or "earmarks", closed and oversight committees held hearings on agency budgets under their purview.  NACWA has been working to build support for increased federal funding on a number of fronts, including on behalf of the clean water state revolving fund (CWSRF) through meetings with key Members and other outreach efforts on Capitol Hill. 

Throughout March, committees of jurisdiction held oversight hearings for public agency budgets falling under their purview. The House T&I Committee and the Senate EPW Committee as well as the House and Senate Interior and Environment Appropriations Subcommittees held hearings on the EPA’s proposed budget for FY 2011.  Members also began building coalitions in support of federal programs of importance to their constituents.   During March, NACWA worked with the office of Senator Jack Reed (D-R.I.) to draft and circulate a "Dear Colleague" letter to build support for the highest possible spending levels for the SRF funds during FY 2011.  The letter urged Senators Dianne Feinstein (D-Calif.) and Lamar Alexander (R-Tenn.), Chairwoman and Ranking Member of the Interior and Environment Appropriations Subcommittee, to provide at least $3.5 billion for the funds — as compared to the Administration’s budget request of approximately $3.3 billion.  This number represents the same level of funding that these programs received in FY 2010.

In our effort to build support for the letter, NACWA sent a personalized email from its Executive Director Ken Kirk to all Senate offices urging them to join the effort to increase funds available for both the clean water and drinking water SRF programs.  NACWA asks your agency to continue to reach out to your Senators and Representatives in support of the $3.5 billion funding level.   NACWA will continue pressing for the highest possible funding levels for the SRF’s in the short-term while also working to build support for a long-term, robust and sustainable source of dedicated funding such as a Trust Fund. 

Trust Fund Momentum Builds - Focus Remains on T&I Committee Support

NACWA continues to build support for The Water Protection and Reinvestment Act of 2009 (H.R. 3202) in the 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.  The bill currently enjoys the support of 31 co-sponsors, including ten co-sponsors from the T&I Committee.  During this month, Congressman Tim Bishop (D-N.Y.) and Congressman Bob Filner (D-Calif.) agreed to co-sponsor the bill marking six consecutive months of garnering additional support for the bill.

During March, NACWA met with the offices of the following members of Congress: Leonard Boswell (D-Iowa), Mazie Hirono (D- Hawaii), Tim Bishop (D-N.Y.), Nick Rahall (D-W.Va.), Tim Walz (D-Minn.), Laura Richardson (D-Calif.), Steve Cohen (D-Tenn.), Albio Sires (D-N.J.), Jerry Costello (D-Ill.), Mike Michaud (D-Maine), Dana Rohrabacher (R-Calif.), Baron Hill (D-Ind.), Tim Holden (D-Pa.), Brian Bilbray (R-Calif.), Solomon Ortiz (D-Texas), Carol Shea-Porter (D-N.H.), Betsy Markey (D-Colo.), and Mike Capuano (D-Mass.). 

Moving forward, NACWA will continue working to build support for the legislation in the House and will work with other members of the Water Infrastructure Network (WIN) to seek the introduction of a companion bill in the Senate.   NACWA staff will likely be meeting with key members of the EPW Committee over Easter recess to inform them of the bill and determine their interest in introducing a Senate counterpart. 

As NACWA continues to conduct outreach on Capitol Hill, direct contact from local wastewater utilities to congressional offices is critical in securing additional co-sponsors.  We encourage NACWA members to contact their congressional delegations, especially those listed above.  NACWA would especially like to thank those members who have reached out to their Representatives. If you have contacted your Representative, NACWA’s National Office would appreciate being informed of your correspondence.  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.

Climate Change

Senate Refocuses on Climate and Energy Legislation; NACWA Presses for Adaptation and Renewables

Senate Majority Leader Harry Reid (D-Nev.) continues to indicate that he would like the Senate to take up climate change and energy legislation this spring if compromise legislation can be achieved.  Senators John Kerry (D-Mass.), Joe Lieberman (I-Conn.) and Lindsey Graham (R-S.C.) continue to work on a package with the goal of obtaining the 60 votes necessary to overcome a Senate filibuster.  They are expected to unveil their proposal the week of April 19.  Early indications are that their proposal will likely retain a cap on greenhouse gas emissions for certain sectors of the economy, such as electric utilities and industrial sources, as well as a system for trading pollution credits.  However, at press time, it remains unclear to what extent proceeds from these trades will be fully rebated to consumers or used to fund various energy-related programs, such as ones that promote energy efficiency and renewable energy, or  adaptation programs such as the Water Systems Mitigation and Adaptation Partnership Program (WSMAP) which NACWA helped craft. 

NACWA continues to lead a coalition of water associations and environmental organizations to ensure that the water adaptation program remains in the bill and receives funding.  This coalition is gearing up for another round of meetings with Senate offices, targeting those whose votes are critical to the overall package’s viability and asking them to support the inclusion of WSMAP.   Senators whom our coalition is targeting include:  Senators Mark Begich (D-Alaska), Olympia Snowe (R-Me.), and Susan Collins (R-Me.).  If members have contacts with any of these offices please let Pat Sinicropi know at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 

On the energy side, NACWA continues to work with Senator Debbie Stabenow (D-Mich.) to secure language in S. 1462, The American Clean Energy Leadership Act of 2009, to ensure that biogas and solids produced in the wastewater treatment process qualify as renewable biomass for the purposes of a National Renewable Electricity Portfolio Standard.  If successful, wastewater treatment utilities interested in installing energy reuse technologies could receive a credit for capturing and reusing electricity on-site under the program.  It would also create an incentive for wastewater treatment utilities that generate excess electricity to sell that electricity back to the grid for general consumption.  NACWA met with staff for Senator Lisa Murkowski (R-Alaska), Ranking Member for the Senate Energy and Natural Resources Committee, to discuss her support for the measure and received positive feedback that she would be supportive of our effort.  We also met with staff for Senator Ron Wyden (D-Ore.) who indicated that the Senator would be supportive.  Senator Wyden is a member of the Committee.  The Senate Energy and Natural Resources Committee is expected to hold a business meeting after recess to discuss non-controversial changes to the bill.  While NACWA was able to secure some beneficial energy-related language in the bill already, the provision is not ideal and is, in some respects in need of further clarification.  NACWA will be seeking, and hopes to receive, clarifying language in line with the Committee’s business meeting in April. 

Watersheds

NACWA Continues Focus on Watershed Legislation

Legislation to improve water quality on a watershed basis continues to move forward on several fronts.  NACWA is moving forward with efforts to craft legislation on comprehensive watershed approaches by engaging a number of outside stakeholder groups on a set of principles that these organizations can support as a basis for legislation.  NACWA will be seeking broad stakeholder buy-in for these principles , including organizations that represent state water control agencies, environmental NGOs, and agricultural interests, among others — a n initiative that will  lead to support for moving forward with NACWA’s legislative package.  
Congress is also considering watershed legislation that primarily has a regional focus, such as legislation addressing water qualify impairments relating to toxics in the Columbia River basin (H.R. 4652/S. 3025), combating invasive species in Lake Tahoe (S. 2724) and restoring the Puget Sound (S. 2739). In addition, Senator Ben Cardin (D-Md.) continues to press for Chesapeake Bay reauthorization legislation which would speed up clean-up efforts in the Bay and press States to deal with nonpoint sources of pollution.  NACWA has been working with the Senator’s staff to provide input into the legislation and has secured a meeting with the Senator on Tuesday, April 13 during which NACWA members from the Bay region can discuss their concerns with the Senator directly.  While NACWA has been asked by the Senator to support the bill, NACWA’s Board of Directors must still meet when there is a final draft of the legislation to determine its position. 
The bill has raised strong opposition from the agricultural sector due to a provision eliminating the agricultural exemption under the National Pollutant Discharge Elimination System (NPDES) in the Clean Water Act.  NACWA has also learned that Congressman Tim Holden (D-Pa.) and Congressman Bob Goodlatte (R-Va.), Chair and Ranking Member of the House Agriculture Subcommittee on Conservation, Credit, Energy and Research, are planning to introduce an alternative Chesapeake Bay bill which would be more friendly toward agricultural interests and likely focus on voluntary incentives for reducing pollution run-off.   It is unclear how quickly any of these bills will move through Congress this year.

Great Lakes Restoration Legislation Introduced in Both Houses of Congress

During March, legislation was introduced in the House and Senate that seeks to restore the health of the Great Lakes, the nation’s largest source of freshwater.  The Great Lakes Ecosystem Protection Act of 2010 (S. 3073/H.R. 4755) seeks to authorize $650 million annually for fiscal years 2010 through 2014 to protect and restore the health of the ecosystem.

Included in this amount is $475 million annually for the Great Lakes Restoration Initiative which includes projects to remove contaminated sediments from the lakes, control invasive species, reduce pollution and restore fish and wildlife habitats.  The legislation would also authorize $150 million annually to remove additional contaminated sediments from areas of concern in the lakes and their connecting waterways, as well as $25 million annually for the EPA’s Great Lakes National Program Office.  The legislation also seeks to require federal agencies to incorporate restoration recommendations into their annual budget submissions and restoration plans.

The House bill is sponsored by Reps. Vern Ehlers (D-Mich.), John Dingell (D-Mich.), Louise Slaughter (D-N.Y.) and Mark Kirk (R-Ill.).  Senate bill sponsors include Senators Carl Levin (D-Mich.), George Voinovich (R-Ohio), Sherrod Brown (D-Ohio), Al Franken (D-Minn.), Debbie Stabenow (D-Mich.) and Richard Durbin (D-Ill.)

Water Quality

House Passes Bill Reauthorizing Research on Algal Blooms

The U.S. House of Representatives passed The Harmful Algal Blooms and Hypoxia Research and Control Amendments Act (H.R. 3650) on March 12 by a vote of 251-103.  The bill seeks to amend The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which was last reauthorized in 2004.  The legislation would authorize funding for the National Oceanographic and Atmospheric Administration (NOAA) and the EPA to establish and maintain a national program to address marine and freshwater harmful algal blooms.

Specifically, the legislation would authorize $35 million to establish and maintain the national program.  The legislation would also require NOAA to develop a strategy on harmful algal blooms and hypoxia as well as regional action plans to address the issue. 

Of the $35 million, the bill would provide $3 million for development of regional research centers and action plans; $3 million for marine and freshwater harmful algal bloom research and assessment at NOAA national laboratories; $8 million to carry out the Ecology and Oceanography of Harmful Algal blooms program; $5.5 million for monitoring; $1.5 million for the Northern Gulf of Mexico Ecosystems and Hypoxia Assessment Program as well as $5 million for coastal hypoxia research; $5 million for prevention, control and mitigation among other priorities.

A companion bill has been introduced in the Senate by Senator Olympia Snow (R-Me.) and has already been approved by the Senate, Commerce, Science and Transportation Committee.

Recently Introduced Legislation of Interest

Each month the Legislative Update will include a brief list of legislation of interest that has been recently introduced and which is not referenced in the articles above.

• The Clean Estuaries Act of 2010 (H.R.4715) (Introduced on March 2, 2010): This legislation seeks to reauthorize the National Estuary Program. The bill was introduced by Congressman Tim Bishop (D-N.Y.) and has 1 co-sponsor.

• The Small Community Options for Regulatory Equity Act of 2010 (H.R. 4798) (Introduced March 9, 2010): This bill seeks to allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminant.  The bill was introduced by Congressman Mike Simpson (R-Idaho) and has 1 co-sponsor.