A Clear Commitment to America’s Waters
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Clean Water Agenda Moves Forward
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In the Senate, Senator Barbara Boxer (D-CA) is expected to remain
Chair of the Senate Environment & Public Works Committee, but
the Committee’s current Ranking Member, Senator James Inhofe
(
R-OK), will likely be replaced by Senator David Vitter (R-LA).
Senator Ben Cardin (D-MD) won re-election to a second term and
will likely remain chair of the Water & Wildlife Subcommittee.
Other members that have been leaders on NACWA issues and
that will return next Congress include Senators Sherrod Brown
(
D-OH), a leader on clean water affordability, Debbie Stabenow
(
D-MI) who has lead on water quality as it relates to agriculture,
Kristin Gillibrand (D-NY) who has a strong interest in infrastruc-
ture investments, and Sheldon Whitehouse (D-RI) who is a strong
advocate for investments in green infrastructure.
With respect to legislative business, Congress has a long list of
action items House and Senate leadership have flagged as impor-
tant for next Congress. Please see Key Action Items Await 113th
Congress for more information.
EPA Anticipated to Proceed on Key Rules
At the U.S. Environmental Protection Agency (EPA), despite pre-
dictions of a post-election regulatory onslaught, NACWA expects
the Agency continue to work to address a number of pending
rules, many of which are driven by court-ordered deadlines. In
fact, EPA will now have more breathing room to complete some
key Administration priorities. The Agency is expected to be most
active on Clean Air Act (CAA) issues, including greenhouse gases,
which have been a priority during Obama’s first term. Top on
EPA’s list of post-election CAA actions is a package of rules, includ-
ing maximum achievable control technology (MACT) standards
for boilers, which will be released in the next month.
The most politically charged water issue being tackled is EPA’s
Clean Water Protection Guidance, which addresses whether cer-
tain waters fall under federal jurisdiction as waters of the U.S.
This policy has been at the Office of Management & Budget since
February and many expect it to be released soon, now that the
election is over. Most of the other water-related actions in which
NACWA is engaged have not been caught up in the political wran-
gling. The post-construction stormwater rule is moving forward
on a court-ordered deadline; EPA is expected to release revised rec-
reational water quality criteria by the end of November, another
judicial deadline; and, the Agency will respond to the Natural
Resources Defense Council’s petition on secondary treatment by
December 14.
Congress and the Administration will need to find common
ground on some big issues for the 113th Congress and Obama’s
second term to be both productive and successful.
Key Action Items Await 113th Congress
•
The budget and avoiding the so-called “fiscal cliff” – most
observers believe that the Administration and Congress must
find compromise on this front so that a double-dip recession
is avoided. During the Lame Duck, Congress is expected to
construct a bridge that gets them to next year when a final,
more comprehensive package will be negotiated. During this
process, NACWA will advocate for a continued commitment to
investments in water and wastewater infrastructure, citing the
importance of these investments in jobs creation and continued
economic growth.
•
Tax Reform – in order to reach a budget deal, a major overhaul
of the tax code will be on the table including taxes relating
to municipal bonds and renewable energy. During these
negotiations NACWA will ensure that any tax incentives that
support continued investment at the local level in water and
wastewater infrastructure are maintained.
•
Farm Bill – the 113th Congress will likely complete work on Farm
Bill reauthorization as it is still unfinished and unlikely to be
completed during a Lame Duck. NACWA, through the Healthy
Waters Coalition, will continue its advocacy with respect to
strengthening the links between agricultural policy and water
quality. The Association is confident that the provisions
included in the Senate proposed package during this Congress
with respect to nutrient management will be maintained in a
final package.
•
Water and Wastewater Infrastructure Investment – Despite
the overall Federal budget situation, there will continue to be
an appetite for robust investments in infrastructure, including
water and wastewater infrastructure, as these are viewed as
have economic benefits such as creating jobs and stimulating
growth. While Senator Boxer has indicated an interest in
reauthorizing that State Revolving Fund programs, Congress
will need to grapple with reauthorization of the surface
transportation bill and there is an interest in reauthorizing the a
Water Resources Development Act (WRDA) which funds water
resources projects sponsored by the Army Corps of Engineers.
Given these other priorities, it is unclear whether an SRF bill will
be able to progress far.
•
Climate Change – given the recent destruction caused by
Hurricane Sandy in the Northeast, there has been talk about
possible action on climate change. While this issue remains
quite controversial, the storm could have tipped the scales
among many policy-makers. If action with respect to this issue
does occur, NACWA will ensure that adaptation and community
resiliency needs are addressed.
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