» Update Archive

This edition of NACWA’s Legislative Update, current through November 6, 2014, provides information on the activities of the 113th 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 or visit NACWA’s website.  Please contact NACWA’s Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics.

2014 Elections Change Landscape in Congress

The 2014 midterms put Republicans in control of both chambers of Congress.  What NACWA members might expect to see under a Republican Congress will begin to emerge over the coming days and weeks and may not be entirely clear until well into this next session. We know more or less, however, who will be in key leadership positions, at least for the Republicans.  Senator Mitch McConnell (R-KY) won reelection and is expected to become Majority Leader in the Senate, while Representative John Boehner (R-OH) will likely remain Speaker of the House with Representative Kevin McCarthy (R-CA) remaining as House Majority Leader.  On the Democratic side, things are less certain.  Democrats will need to decide whether to keep Harry Reid (D-NV) as their leader or elect another colleague, potentially Patty Murray (D-WA), Chuck Schumer (D-NY) or Dick Durbin (D-IL), all of whom are Reid’s lieutenants.  The House Democratic caucus must decide whether to continue with Nancy Pelosi (D-CA) as Minority Leader or pass the baton to Steny Hoyer (D-MD) or someone else.  Given that the 2016 election cycle will be a presidential campaign year and potentially see Democrats regain a majority in the Senate, Democrats may vote for leaders whose style they know rather than risk uncertainty and upheaval.

There will also be changes in key committee leadership slots that impact water-related issues. In the House, Democrats lost three key members, one due to retirement, who held important leadership positions on environment-related committees. Retiring Congressman Jim Moran, Ranking Member of the House Appropriations Subcommittee that oversees the Environmental Protection Agency’s budget will be replaced by Representative Betty McCollum (D-MN). Congressmen Nick Rahall (D-WV) and Tim Bishop (D-NY), Ranking Members of the House Transportation and Infrastructure Committee and the Water Resources and Environment Subcommittee respectively, lost their reelection bids. Representative Peter DeFazio (D-OR) will likely assume the ranking member spot for the full committee though Representative John Garamendi (D-CA) has announced he will campaign for that position. . The ranking member slot for the subcommittee may go to Representative Donna Edwards (D-MD), although there are other, more senior committee members that may make a push for it. In the Senate, Senator Lisa Murkowski (I-AK) will assume the chairmanship of the Appropriations Subcommittee on Interior and EPA, while Senators Jim Inhofe (R-OK) and John Boozman (R-AR) will assume the gavels for the Senate Environment and Public Works (EPW) Committee and Water and Wildlife (W&W) Subcommittee, respectively. Senators Barbara Boxer (D-CA) and Ben Cardin (D-MD) will assume the title of Ranking Member of the EPW Committee and W&W Subcommittee respectively .

How these leadership changes impact water-related issues is unclear at this point. Many Republicans have made EPA’s Water of the U.S. rule and the Clean Power Plant rule top priorities to push back on and have proposed policy riders on appropriations bills to strip EPA of any ability to move forward with them. Though this current Congress completed work on a major water infrastructure package (The Water Resources Reform and Development Act) and included within it a new water infrastructure loan guaranty program referred to as WIFIA, neither the House nor Senate Fiscal Year 2015 spending proposal included money to implement it. The upcoming Congress will also deal with a large transportation reauthorization package which expires in May and will require a major infusion of new revenues to meet investment needs.

So, there are many challenges ahead for the 114th Congress — challenges that may or may not be easier to resolve by a more “unified” Republican majority. NACWA is putting together an Advocacy Alert that will discuss clean water priorities and how to proceed on them in light of these changes for discussion at NACWA’s upcoming conferences. So. . . NACWA members - Stay tuned!

Key Groups Take Water Works! Message to Capitol Hill

On September 9th and 10th, water leaders from across the sector were in Washington, DC for a series of events co-hosted by members of The Value of Water Coalition, including NACWA, along with the American Society of Civil Engineers; the Bipartisan Policy Center; Building America’s Future; the National Association of Counties; the National League of Cities; the National Urban League; and, the U.S. Conference of Mayors. The events focused on a new report, National Economic & Labor Impacts of the Water Sector, released by the Water Research Foundation and the Water Environment Research Foundation. The report’s findings, and the range of the organizations participating in Water Works! – Investing Together for a Stronger America, demonstrated the growing recognition of the water sector’s economic importance and underscored that investment in our nation’s water and wastewater infrastructure puts people to work, spurs economic development, and builds a stronger America.

Focusing on the findings of the report, leaders from a number of NACWA Member Agencies and others attended a number of events and media opportunities including a press conference and Congressional Briefing on Capitol Hill. The sector leaders showcased the report’s findings and sought federal support for three overarching objectives: 1) expanded access to low-cost loan and grant programs to accelerate water infrastructure projects; 2) the leveraging of private financing and partnership opportunities; and, 3) support for workforce development programs that prepare the next generation of workers who will be stewards of our nation’s water systems.

A Capitol Hill press conference featured Senator Ben Cardin (D-MD), Chair of the Senate Subcommittee on Water & Wildlife and Reps. Bob Gibbs (D-Ohio), Chair, and Tim Bishop (D-NY), Ranking Member, of the House Water & Environment Subcommittee. Each praised the new report, citing the importance of water infrastructure investment to their geographic regions – as well as their continued support for federal water infrastructure funding in its various forms, including the State Revolving Funds, new loan guaranty programs, and a clean water trust fund. Also participating in the press conference were San Diego Mayor Kevin Faulconer; National Association of Counties President and Maui County Council Member Riki Hokama; and Karen Pallansch, NACWA President and CEO of Alexandria Renew Enterprises.

Highlights from the afternoon’s Congressional Briefing included comments by NACWA Board Members, Julius Ciaccia, Executive Director of the Northeast Ohio Regional Sewer District, and Emily Lloyd, Commissioner of the New York City Department of Environmental Protection. Each noted their successful efforts to raise rates over the past decade and the vital role increased investments are playing in spurring development along the waterfronts of both Cleveland and New York City and sustaining and growing a local job base.

NACWA members are encouraged to visit the Water Works! campaign for additional information and view this informative and compelling video.

NACWA Continues Push to Fund an Integrated Planning Pilot Program at EPA

NACWA has been working with a group of bipartisan members in the House and Senate to include funding in EPA’s FY2015 budget for an Integrated Planning pilot program. The pilot program would provide funding assistance for two communities in each EPA region to develop integrated plans. In July, the House Subcommittee on Interior, Environment, & Related Agencies included $2 million for this request in its proposed FY15 EPA spending package. The Senate’s proposed package does not contain this request.

As detailed in the September 15th Advocacy Alert, NACWA is requesting that, especially in light of the election results, its utility members redouble their efforts on this issue now and submit this letter  to Senators Jack Reed (D-RI) and Lisa Murkowski (R-AK), the Subcommittee Chairman and Ranking Member, urging them to accept the House proposal and ensure that the $2 million proposed in the House bill for an EPA Integrated Planning pilot program is maintained as the House and Senate Appropriators negotiate a final FY15 EPA budget.

We appreciate your assistance and support! For information on how to contact your Senators, please refer to NACWA’s Congressional Toolbox. For any questions or additional assistance, please contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Senator Sherrod Brown Introduces Clean Water Affordability Act

On September 10th, Senator Sherrod Brown (D-OH) introduced S. 2797, Clean Water Affordability Act (CWAA), a bill the Senator says will improve water quality while keeping rates affordable for residents and small business. The CWAA contains several provisions that are priority goals in NACWA’s Money Matters agenda. Specifically, the legislation would 1) codify EPA’s Integrated Planning framework as a standard regulatory approach for all requirements under the Clean Water Act that municipalities are subject to; 2) require EPA to revise its 1998 Financial Capability Guidance for negotiating CSO Long Term Control Plans; 3) and reauthorize the Wet Weather Grants program, prioritizing grants to POTWs that discharge into water bodies impaired for nutrients – an issue that has quickly topped Senator Brown’s clean water agenda since toxic algal blooms in Lake Erie shut down Toledo’s water supply. Similar, though not identical, H.R. 3862 was introduced in the House by Congressmen Bob Latta (R-OH) and Tim Walz (D-MN) earlier this year. Though this session of Congress is quickly wrapping up its work, Senator Brown’s legislation will lay the groundwork for early action when Congress reconvenes next year.

EPA Releases State Guidance for Implementing Revisions to CWSRF

In September, EPA released final guidance to States for how they should implement revisions to the Clean Water State Revolving Fund (CWSRF) that Congress enacted earlier this year as part of the Water Resources Reform and Development Act. Most of the provisions outlined in the document took effect October 1, 2014, the beginning of the new federal fiscal year. While these revisions are new, many address long-standing issues that have been of concern for several years – and that have been raised in other legislative vehicles. For example, the statute now contains an explicitly expanded list of eligible activities that can be funded through the CWSRF though many of these activities, such as security upgrades or measures to increase energy or water efficiency, are items that the SRF has supported for many years. Further, many revisions codify provisions Congress had included in annual appropriations language but that were never actually authorized in the underlying statute, such as Davis-Bacon prevailing wage requirements and Buy American requirements.

One provision of note is guidance language that requires that loan recipients develop Fiscal Sustainability Plans (FSPs). The guidance allows for States to implement this provision as flexibly as possible, urging States to view the plans as “living documents” that can evolve and develop over time. Utilities that do not already have an FSP will be allowed to access SRF funding to help develop one. They can also begin to develop an FSP by starting with the specific portion of the system for which SRF funding is being sought. Also, with respect to the FSP requirement that utilities certify they have evaluated and will be implementing water and energy conservation efforts, utilities need only to demonstrate that they have done so “to the maximum extent practicable.”

EPA continues work on several provisions with later deadlines, including the definition of decentralized projects; provisions related to the revised CWA Sec. 122 authorizing Watershed Pilot Projects; and, a report addressing updates to the CWSRF funding formula.

Upcoming Hearings 

Possible Senate Hearing on Utility of the Future in December

The Senate Environment and Public Works Committee is considering  holding a hearing early December on Utilities of the Future and the trends underway within the water and wastewater utility sector toward greater energy independence, water recycling and reuse, and resiliency.  NACWA has urged the committee to examine these trends and work on legislative initiatives to help incentivize greater adoption of these methods across the country.  The committee will spotlight trendsetting communities that are embracing innovation to provide better services to the communities they serve.  These trends were the focus of a NACWA initiative launched last year along with the Water Environment Federation and the Water Environment Research Federation.  Innovation within the water sector is also the focus of a recently released report from the Johnson Foundation entitled Navigating to New Shores:  Seizing the Future for Sustainable and Resilient U.S. Freshwater Resources, a capstone report culminating a six year policy focus by the Foundation examining the state of freshwater resources in the U.S.  NACWA will notify its members about the hearing once details are confirmed.

Members seeking more information or related legislation in their state can access NACWA’s State Action Track web tool, here.