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August 22, 2008

NACWA Provides Input to Congress, GAO on Trust Fund Revenue Sources

Even though Congress is out of session for the long August break, NACWA has been busy preparing for the possible introduction of clean water trust fund legislation either this fall or early next year in the new Congress.  This week, NACWA provided documents, analyzing the six possible revenue sources for a water trust fund identified by Rep. Earl Blumenauer (D-Ore.) as he crafts a trust fund bill, to the Government Accountability Office (GAO), which has been directed to issue a report on viable revenue sources for a trust fund.  Reps. James Oberstar (D-Minn.), chair of the House Transportation & Infrastructure (T&I) Committee; Eddie Bernice Johnson (D-Texas), chair of the T&I’s Subcommittee on Water Resources & the Environment; and Blumenauer requested the GAO report earlier this year and asked that it be completed by Jan. 15, 2009.

GAO staff have been particularly interested in the six revenue sources— a fee on bottled water; a fee on “flushables;” a permit fee on industrial dischargers of certain toxic chemical pollutants; a fee on pesticides and fertilizers; a clean water restoration fee similar to what is available for superfund; and a fee on pharmaceuticals.  The NACWA one-page documents, which were developed through its Clean Water Funding Task Force, provide details about these sources and the revenue they are expected to generate.  NACWA has already met with GAO to provide input into its report and has learned that GAO will be meeting with several utilities across the country.  Utilities are encouraged to use these one-pagers as resources if they are contacted by GAO for information on funding sources.

NACWA Seeks Member Input on Ready-to-Go Projects for Potential Stimulus Package

Some members of Congress have expressed a growing interest in a second stimulus package to boost the economy, and NACWA has been asked to provide more information about projects that member agencies are ready to begin in the next three to six months, but lack the needed funding.  In January of this year, NACWA sent out a Legislative Alert (LA 08-01) seeking member input on the type and cost of these “ready-to-go” projects and assembled a lengthy list from 37 utilities totaling $2.8 billion.  This information was widely distributed on Capitol Hill but Congress agreed to an initial stimulus package that was limited to tax rebates for individuals instead.  Now the House is interested in a second stimulus package that could include as much as $5 billion for water infrastructure.  NACWA has been asked to update its information from January with any additional projects.  To do this, please review the list of ready-to-go projects and provide Byron DeLuke, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with any other projects or information.  NACWA will follow this issue closely and continue to advocate for more federal funding for clean water.

NACWA Meets with NRDC, American Rivers to Discuss Priorities, Future Opportunities

NACWA met with the Natural Resources Defense Council (NRDC) and American Rivers this week to discuss topics of mutual interest in the legislative arena.  Promoting the use of green infrastructure and addressing climate change are two key areas that offer the best opportunity for cooperation and collaboration among the three organizations.  NACWA has partnered with NRDC and American Rivers over the past year to promote green infrastructure initiatives, and the three have committed to work together to develop legislation that would establish a grant program for communities interested in implementing green infrastructure as part of their combined sewer overflow (CSO) control programs.

On the climate change front, the discussion focused on the need for NACWA, NRDC, and American Rivers to work together to ensure that clean water concerns are part of any legislation.  NACWA would like their support in advocating for federal funding, especially to help municipal utilities with adaptation and mitigation measures.  NACWA will share its recent climate change documents with NRDC and American Rivers to facilitate further collaboration, including the joint water sector statement on climate change and the Association’s white paper.

Both American Rivers and NRDC expressed strong disappointment with NACWA’s recent letter to the Senate regarding the Sewage Overflow Community Right to Know Act (S. 2080), saying it cast doubt on the Association’s commitment to the bill.  NACWA reiterated its concerns with the bill’s definition of sanitary sewer overflow (SSO) and potential liability issues for clean water utilities, but also reaffirmed its commitment to work with American Rivers to move a bill through the Senate that will satisfy all parties.

The groups also discussed their conflicting positions on recent legislation to reauthorize the Beaches Environmental Assessment and Coastal Health (BEACH) Act and nutrient issues.  NRDC indicated that it may continue to support the current BEACH Act legislation, but acknowledged that the settlement agreement it signed with NACWA, EPA, and Los Angeles County last week contains conflicting provisions regarding the development of rapid test methods.   NRDC also said it has not changed its position on nutrient control as articulated in its petition filed with EPA last November, which calls for national nutrient limits as part of secondary treatment requirements.  NACWA opposes such an approach as outlined in the comments filed by the Association in response to the petition.

The meeting was productive, and it was evident that NRDC and American Rivers respect NACWA’s ability to advance its members’ interest in the regulatory, legislative, and legal arenas.  Similarly, NACWA acknowledged the significant role the two activist groups will play in the new Congress on issues of concern to the clean water community.  It will be critical over the coming months for all three organizations to communicate regularly on issues of mutual importance and continue to bolster their existing partnerships.