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This edition of NACWA’s Legislative Update, current through October 12, 2010 provides information on the activities of the 111th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, 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 .

During August, Congress went on its annual August recess and Members returned to their Districts to campaign for the upcoming mid-term elections.  Congress returned for a few weeks in September and then adjourned until November 15th after completing a Continuing Resolution to keep the government operating.  While Congress was in town, the House Transportation and Infrastructure Committee held two hearings of importance to NACWA members — one focusing on American Recovery and Reinvestment Act (ARRA or stimulus package) implementation and the other on the positive impact green infrastructure technologies can have on water quality.  In addition, NACWA continued to make progress on key legislative items of importance to our members. Specifically, NACWA built support for our affordability efforts and also made progress on issues related to funding, energy production and water quality improvement.

Affordability

NACWA Builds Strong Bipartisan Support on Capitol Hill for Affordability Efforts

During August and September, NACWA built support for our efforts to have the U.S. Environmental Protection Agency (EPA) update its 1997 Combined Sewer Overflow - Guidance for Financial Capability Assessment and Schedule Determinations.  During the months of August and September, NACWA staff built support for a bipartisan letter urging House Transportation and Infrastructure (T&I) Committee Chairman James Oberstar (D-Minn.) and Ranking Member John Mica (R-Fla.) to engage the EPA and direct them to review and update the 1997 guidance.  NACWA worked with the offices of Representatives Russ Carnahan (D-Mo.) and Steven LaTourette (R-Ohio) to draft, sign, and circulate the letter.  In addition, NACWA met with a number of offices in the House of Representatives to inform them of the letter and gain their support.  NACWA formed a bipartisan coalition of lawmakers who signed the letter including Representatives Eleanor Holmes Norton (D-D.C.), Tim Ryan (D-Ohio), Ben Chandler (D-Ky.), Tom Latham (R-Iowa), Tom Cole (R-Okla.), Robert Latta (R-Ohio) and Bill Shuster (R-Pa.).

The letter is one part of a broader strategy to have Congress encourage or direct EPA to update their financial capability determination criteria for water pollution abatement projects.  In addition to working with House members on this their letter to Chairman Oberstar and Ranking Member Mica, NACWA engaged House and Senate majority and minority staff from respective authorizing committees to  support a similar letter to EPA requesting that the guidance be updated.  NACWA will be working to obtain this letter during October and will continue to press the issue of affordability and community financial capability for the remainder of the 111th Congress.  Should you have any questions please don’t hesitate to contact John Krohn, NACWA’s Manager of Legislative Affairs at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Funding

NACWA President Testifies Before House Committee on Stimulus Impact

NACWA President Jeff Theerman, Executive Director of the Metropolitan St. Louis Sewer District, testified before the House T&I Committee on September 29 highlighting the economic benefits that nearly $11 million in ARRA State Revolving Fund (SRF) funding brought to the greater St. Louis metropolitan area.

Mr. Theerman’s testimony highlighted the fact that ARRA funds provided to St. Louis’ Metropolitan Sewer District supported the rehabilitation and replacement of over 8,800 feet of sewers, resolving health and environmental concerns and creating over 250 new construction jobs for the region.  Jeff’s testimony also highlighted that the funds freed approximately $88 million in regular SRF monies for the District’s Missouri River Plant expansion project which saved the District $70 million over a 20 year period and created an additional 564 jobs during construction of the project.

Jeff’s testimony also focused on the need for additional clean water SRF investments in any future job creation or economic stimulus measures considered by Congress.  “As Congress, and this Committee, continue to discuss efforts to revive our national economy we urge you to consider additional investment in our clean water infrastructure.  To the extent additional stimulus efforts become necessary, NACWA further recommends that a greater portion of such legislation’s funding be directed toward our wastewater infrastructure given the clear benefit it provides to our communities, environment, and economy,” Theerman said.

Mr. Theerman’s testimony was part of a busy week for NACWA in the House T&I Committee as NACWA members testified that same week (on Thursday, September 30) on green infrastructure issues. Howard Nuekrug, Director of the Philadelphia Water Department (PWD), a NACWA member agency, testified before the Water Resources Subcommittee regarding PWD’s implementation of green infrastructure solutions and the benefits that low impact design technologies can bring to stormwater management systems (see article below).

NACWA, WIN Press for SRF Consideration during Lame Duck Session

NACWA and the Water Infrastructure Network (WIN) continue to press the Senate for consideration of the Water Infrastructure Financing Act (S.1005), the SRF reauthorization bill, during a lame duck session of the 111th Congress expected to occur following the November mid-term elections.  In support of this effort, NACWA and WIN sent a letter to Senate leadership in August urging them to schedule the legislation for floor consideration arguing that the legislation enjoys strong bipartisan support and would bring short-term and long-term economic benefits to communities struggling to meet their water and wastewater infrastructure needs.

The letter was sent to Senate leadership including Senate Majority Leader Harry Reid (D-Nev.), Majority Whip Richard Durbin (D-Ill.), Minority Leader Mitch McConnell (R-Ky.) and Minority Whip Jon Kyl (R-Az.).  The letter makes a compelling case for floor consideration directing attention to the legislation’s short-term and long-term economic impacts. “The Water Infrastructure Financing Act makes eminent economic sense, creating jobs in the near term and enhancing America’s competitiveness in the long term,” the letter states.

NACWA continues to make passage of the SRF a top priority during the 111th Congress.  We will keep our members informed of any updates as soon as they occur.

NACWA Urges Obama Administration to Support Increased Clean Water Funding

NACWA sent a letter to President Barack Obama commending his Administration for its support of The American Recovery and Reinvestment Act (ARRA) and urging the inclusion of clean water funding in any proposed job creation or economic stimulus package.  The letter focused on the national funding gap and the job-creation ability of Clean Water SRF as demonstrated by the ARRA.  NACWA wrote the letter following the President’s announcement on Labor Day that he supports the passage of a $50 billion infrastructure package.  Unfortunately, the President’s proposed investments were focused on aiding the transportation sector and provided no mention of any clean water infrastructure funding.  In our letter, NACWA reminded the President that EPA’s most recent estimates show nearly $300 billion is needed for Clean Water Act (CWA) compliance projects over the next 20 years making additional investments in clean water a needed priority.  At the same time, studies show that every $1 billion invested in water infrastructure projects creates between 20,000 – 27,000 jobs, as well as $2.87 to $3.46 billion to the economy.  NACWA will continue to ensure that water infrastructure funding is supported by Congress and the Administration as additional stimulus initiatives continue.

Stormwater

Green Infrastructure Support Grows in the House of Representatives

The Green Infrastructure for Clean Water Act of 2010 (H.R. 4202) continues to gain momentum in the House of Representatives with NACWA’s support.   Due in part to NACWA’s outreach the bill increased its total number of co-sponsors to 44 over the past few months.   Momentum for enacting the legislation continued to build as the  Subcommittee on Water Resources & Environment held a hearing on the “Impact of Green Infrastructure (GI) and Low Impact Development on the Nation's Water Quality, Economy and Communities” on September 30.  Howard Neukrug, Director of the Office of Watersheds at the Philadelphia Water Department — a NACWA member agency — testified at this hearing.  His testimony focused on the green infrastructure components of the City of Philadelphia’s Greenworks plan.

H.R. 4202 would establish a formal “Green Infrastructure” (GI) program at EPA to provide guidance and assistance to communities, publicly owned treatment works, and stormwater agencies that have interest in using GI to control stormwater and wet weather flows.  The legislation would establish a grant program that would  provide funding to local communities for GI design and implementation and would establish 3-5 GI Centers of Excellence to serve as a clearinghouse for best practices and ongoing GI research and development activities.  The bill received the support of seven additional co-sponsors during July and September — Representatives John Garamendi (D-Calif.), Mazie Hirono (D-Hawaii), Patrick Murphy (D-Pa.), Sam Farr (D-Calif.), James McGovern (D-Mass.), Laura Richardson (D-Calif.), and Martin Heinrich (D-N.M.).

NACWA will continue to update members about any additional developments regarding GI legislation.  As NACWA continues to conduct outreach on Capitol Hill, we encourage members to contact their congressional officials to voice support of this legislation.

Water Quality

NACWA Begins Building Coalition to Address Nonpoint Sources in 2012 Farm Bill

During the upcoming 112th Congress, deliberations are expected to begin on the reauthorization of The Food, Conservation and Energy Act of 2008 (Public Law 110-246), more commonly known as the Farm Bill.  This debate provides NACWA with an excellent opportunity to raise the issue of nutrient run-off from agricultural lands and the policies that should be put in place to control it.   As such, NACWA convened a meeting of water associations and environmental organizations to begin a dialogue around crafting policy recommendations for the Farm Bill debate.  Organizations attending the meeting agreed to meet again to explore next steps.  NACWA will be discussing this at its November Leadership Retreat in Santa Fe.   NACWA members specifically interested in participating in this effort should contact Patricia Sinicropi, NACWA’s Legislative Director, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Energy

Renewable Electricity Standard Still Possible This Congress

While Congress adjourned without taking action on comprehensive energy legislation, there is still a high degree of interest in the Senate for pursuing some form of energy legislation, including proposals to establish a national Renewable Electricity Standard (RES), during the Lame Duck session.   Senate Majority Leader Harry Reid (D-Nev.) was unable to get sixty votes in the Senate for energy legislation prior to adjournment and is still uncertain whether there will be sixty votes during a Lame Duck.  However, a group of bipartisan Senators have urged him to bring up non-controversial energy-related items and are working to secure sixty votes to include an RES among the list.  As such, Senator Jeff Bingaman (D-N.M.), Chair of the Senate Energy and Natural Resources Committee, and Senator Sam Brownback (R-Kan.) introduced legislation that would establish a national RES requiring 15% of all electricity produced to be generated by renewable sources.  The legislation, S. 3813, titled the Renewable Electricity Promotion Act of 2010, currently has 32 co-sponsors, including 3 Republican co-sponsors.  It includes language that NACWA has promoted that would qualify biogas and solids produced during the wastewater treatment process as renewable biomass for the purposes of the RES.  The language, however, is not as clear as we would like and, as such, we are continuing to work with the primary sponsor of this language, Senator Debbie Stabenow (D-Mich.) to clarify it should the legislation move forward.  If you have questions regarding this effort, please contact Patricia Sinicropi, NACWA Legislative Director, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Pharmaceuticals

Congress Passes Drug Take-Back Bill

Prior to adjournment, Congress enacted S. 3397, The Secure and Responsible Drug Disposal Act of 2010, which authorizes the Drug Enforcement Agency (DEA) to establish regulations legalizing and monitoring disposal programs for controlled substances, often called “drug take-back programs,” to encourage safe and environmentally-friendly methods of disposal, thus keeping pharmaceuticals out of the nation’s waters.  Under the law, authored by Sen. Amy Klobuchar (D-Minn.) and Rep. Jay Inslee (D-Wash.), individuals and workers at long-term care facilities will be able to bring controlled substances to authorized programs for the purpose of disposal, helping reduce the need to flush the drugs down the drain.  The rulemaking to implement the legislation will be undertaken by DEA in consultation with other government agencies, including EPA.  NACWA will be an active participant in the rulemaking process, seeking to ensure that take-back programs are comprehensive and simple to use.  For more information about these efforts, please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .