» Clean Water Current Archive

February 15, 2013

Executive Order May Lead to Cybersecurity Regulations for Utilities

The Administration released an Executive Order (EO) for Improving Critical Infrastructure Cybersecurity this week, along with a Presidential Policy Directive on Critical Infrastructure Security and Resilience (PPD-21).  The EO directs the Department of Homeland Security (DHS) to develop a “Cybersecurity Framework” to reduce cyber-related risks to critical infrastructure, including wastewater and drinking water infrastructure.  In addition, the EO directs federal agencies to take action, including potentially proposing new regulations, if current cybersecurity regulations are insufficiently protective.  Since there are currently no cybersecurity regulations for the water sector, wastewater utilities may be subject to new cybersecurity regulations in the next few years.  The EO and PPD-21, as well as their potential impacts on clean water agencies and NACWA’s involvement in these issues, are described in more detail in Advocacy Alert 13-04. 

Although there is currently no serious legislative activity on the cybersecurity front, it is unclear how Congress will react to the EO and whether this will lead to some ramped up legislative action in response.  NACWA will be closely following Congressional discussions and actions related to this issue and will provide consistent input to the development of the Cybersecurity Framework through its participation in the Water Sector Coordinating Council.

NACWA, Water Sector Groups Meet with EPA Staff, Focus Is on Utility of the Future and Affordability

NACWA, along with representatives from several water sector organizations, met with Nancy Stoner, Acting Assistant Administrator for Water, and other key EPA Office of Water staff this week to discuss a number of priority issues for the water sector.  At the top of the agenda was the recently released Water Resources Utility of the Future . . . A Blueprint for Action, developed collaboratively by NACWA, the Water Environment Research Foundation (WERF), and the Water Environment Federation (WEF).  NACWA provided EPA with a brief overview of the Blueprint and discussed next steps.  EPA noted its appreciation that the Blueprint acknowledges the work the Agency has already done in the area of sustainable utilities and expressed an interest in maintaining a dialogue in these areas. 

The other main agenda item for the meeting was EPA’s January 18 memorandum on financial capability.  EPA provided a brief summary of the memo’s genesis, from an ongoing dialogue with the U.S. Conference of Mayors (USCM), and outlined some next steps for increasing the flexibility in its existing methodology for assessing financial capability (see Advocacy Alert 13-01 for more details on the memo). Drinking water representatives at the meeting expressed continuing concern that EPA’s financial capability assessment methodology does not adequately consider Safe Drinking Water Act costs in conjunction with Clean Water Act costs.  The drinking water community remains concerned that the focus on Clean Water Act compliance by EPA will limit the ability of communities to secure necessary increases in drinking water rates. 

While the specifics details on the next steps for the dialogue were not discussed, NACWA anticipates that the next meetings will take place in early spring between EPA, the U.S. Conference of Mayors and elected officials from the National Association of Counties (NaCO) and the National League of Cities (NLC).  It is then expected that the dialogue will be broadened to include NACWA and the other water sector groups in late spring or early summer.  NACWA plans to continue its own efforts to seek a full-scale revision of EPA’s 1997 financial capability guidance and raised its concerns during the meeting that more fundamental change is needed.  Other updates were provided on a new WERF database on agricultural best management practices, as well as an array of drinking water regulations.

Chairman Shuster Holds First Hearing on The Federal Role in America’s Infrastructure

Representative Bill Shuster (R-PA), Chairman of the Transportation & Infrastructure Committee, held his first hearing of the 113th Congress this week, The Federal Role in America’s Infrastructure.  The hearing focused on the importance of infrastructure to the U.S. economy and examined the role played by the Federal Government in ensuring safe, efficient, and reliable infrastructure.  Representative Shuster, along with Representatives Bob Gibbs (R-OH) and Tim Bishop (D-NY), Chair and Ranking Member of the Subcommittee on Water Resources & the Environment, all addressed the need for a new Water Resources Development Act and other federal investments in the nation's aging water infrastructure assets.  Representative Bishop, whose district was devastated by Hurricane Sandy, offered additional written testimony on how immediate Federal investment is needed to rebuild roads and wastewater facilities, all the while creating new jobs and strengthening the economy.

The Water Infrastructure Network (WIN) also submitted testimony  for the record on the water infrastructure funding crisis and some key funding and financing tools that WIN is advocating.  These include reauthorizing the Clean Water State Revolving Fund; developing a loan guaranty program for water infrastructure called a Water Infrastructure Financing Innovations Authority (WIFIA); expanding the use of private activity bonds; the need for a long-term sustainable funding source; and, ensuring that the tax-exempt status of municipal bonds remains intact.  More information on how NACWA members can contact Congress on behalf of these key funding and financing issues can be found on NACWA’s Congressional Toolbox webpage under Funding and Financing.

WEF, NACWA Release Joint Response to the President’s State of the Union Address

In his State of the Union Address this week, President Obama focused on the role of infrastructure in a healthy economy and identified climate change and resiliency as national priorities, both of which NACWA and the Water Environment Federation (WEF) applauded in their joint response to the President’s address.  The response also touted the President’s Fix it First infrastructure program, which would put America to work on the most urgent infrastructure repairs.  NACWA and WEF plan to work together to make sure water infrastructure is eligible for funding, should such a program be implemented.

The statement noted that in light of the President’s remarks to address climate change and to harden the Nation’s pipelines “clean and safe water infrastructure is now squarely a key component of any national effort to address the effects of climate change and ensure the resiliency of our communities going forward.”  NACWA and WEF also touted the recently released Water Resources Utility of the Future … A Blueprint for Action , which seeks federal support for the “utility of the future” –  an initiative that focuses on the recovery of valuable resources from the treatment process and ensures that the utility is a full partner in local economic development and a member of the watershed community seeking to deliver maximum environmental benefits at the least cost to the ratepayer.

California Court Upholds Injunction on Biosolids Land Application Ban

A California appellate court issued a strong legal decision  Feb. 13 in support of biosolids land application, upholding an injunction against a discriminatory local land application ban and echoing arguments made by NACWA in the litigation.  The ruling in City of Los Angeles, et al. v. County of Kern affirms a June 2011 decision by a lower court to prevent Kern County from implementing a 2006 land application ban while NACWA member the City of Los Angeles and other Southern California clean water utilities pursue a legal challenge.  

In making its decision, the appellate court noted that the municipal plaintiffs in the case were likely to succeed in their underlying lawsuit against the Kern County ban.  The court also stated there was no evidence in the record to support Kern County’s contention that the land application of biosolids is dangerous, and that the municipal utilities subject to the ban would likely suffer significant harm if it was allowed to go into effect.  Additionally, the court acknowledged the important role land application plays for cities in California and elsewhere in managing biosolids. 

This week’s ruling marks an important win for the municipal plaintiffs in the case, as well as for the clean water community nationally, in defending biosolids land application.  Litigation over the Kern County ban dates back to 2006 and has resulted in strong, pro-land application legal decisions in both federal and state court.  NACWA has been an active participant in the case on behalf of the municipal plaintiffs, including filing a brief  in support of the current injunction, and is pleased the decision reflects many of the arguments put forth by the Association.  Other members of the clean water community including the Water Environment Federation (WEF) have also played an important role supporting land application in this litigation.  Additional information on the case can be found on NACWA’s Litigation Tracking page.  NACWA will continue to monitor developments and keep the membership updated.

Agenda Now Available for NACWA’s 2013 National Environmental Policy Forum

With over 100 new members of Congress, an array of new leaders on key Congressional Committees and at many key federal agencies, now is the time to come to Washington, DC, and make sure your voice is heard.  We invite you to join other like-minded clean water utility professionals at the National Environmental Policy Forum, April 21- 24 at the Washington Marriott.  While in the nation’s capital please plan to connect with Congressional offices and federal regulators to share your story on issues of importance – like affordability and infrastructure funding, renewable energy generation, the Farm Bill, and extreme weather resiliency.  Take advantage of this unique opportunity to make lasting connections on Capitol Hill and learn more about the issues affecting clean water utilities around the country.

An initial program  and other detailed information necessary for you to make your plans are available on NACWA’s website.  The Washington Marriott is offering a room rate of $259 per night (single/double), plus applicable taxes.  Reservations must be made by Monday, April 1, 2013, to receive the special rate.  To ensure a hotel room, contact the Washington Marriott at 202.872.1500. Be sure to identify yourself as a NACWA attendee.

Media Outlets Continue to Look to NACWA as a Key Resource

This week, NACWA’s work was cited in several widely distributed news articles including an op-ed written by California Congresswoman Lois Capps.  In the Santa Barbara Independent, the Congresswoman wrote about the importance of preparing for climate change. “Sandy’s devastation is a scary foreshadowing of what could happen with increased frequency down the road if our communities and infrastructure are not prepared for extreme weather, sea-level rise, and higher temperatures,” Capps stated.  In particular, she discussed the effects these changes will have on the Nations’ water and wastewater systems, citing NACWA’s report Confronting Climate Change:  An Early Analysis of Water & Wastewater Adaptation Costs , completed in collaboration with the Association of Metropolitan Water Agencies (AMWA), which estimates the cost of adapting to climate change will require an additional $1 trillion in investment through 2050.  Capps has supported efforts by NACWA to ensure that water management issues are front and center of the ongoing climate dialogue. 

Tony Parrot, Executive Director of the Cincinnati Metropolitan Sewerage District (MSD), was quoted in an article on another critical issue – holistic water management approaches.  In the Cincinnati Business Courier, Parrot explains how the increasing costs of upgrading aging sewer infrastructure led MSD to find ways to offset at least some of the costs by seeking to merge drinking water and wastewater management into one entity.  “Whatever the savings, the money will be dwarfed by the $200 million MSD plans to spend – each and every year for the next 20 years – to comply with U.S. Environmental Protection Agency mandates for sewer system upgrades,” Parrot explained.  NACWA underscored the importance of Parrot’s efforts in the article by explaining how many of NACWA’s members are facing similar affordability challenges, and how municipalities are increasingly moving toward the “one water” management model to increase efficiencies. 

Articles like these help to expand awareness of, and support for, NACWA’s advocacy agenda.  A list of articles citing to NACWA as a resource can be found on the Association’s website.

NACWA Recognizes Senator Stabenow for Federal Public Service

NACWA was pleased to present Senator Debbie Stabenow (D-MI) with a 2012 National Environmental Achievement Award for Federal Public Service this week.  Senator Stabenow was honored for her work, as Chair of the Senate Agriculture Committee, to ensure that the Farm Bill contains a strong conservation title that includes provisions to help farmers manage nutrient runoff.  She was also recognized for her leadership in helping clean water agencies become more energy independent by including municipally-generated biogas in a legislative proposal establishing a National Renewable Energy Standard in prior Congresses.   Photographs from the award presentation can be found on NACWA’s Facebook page.

EPA Accepting Nominations to Environmental Justice Advisory Council

EPA is currently soliciting nominations, including representatives from state and local government agencies, to serve on the Agency’s National Environmental Justice Advisory Council (NEJAC).  The NEJAC is a federal advisory committee that provides recommendations to EPA on broad, cross-cutting issues related to environmental justice.  NACWA believes it would be valuable to have municipal clean water representative on the NEJAC to provide a broader perspective to the Council’s deliberations.  Additional information on the nomination process is available in NACWA’s Advocacy Alert 13-03.  Nominations will be accepted by EPA through February 20.