Clean Water Current Archive

NACWA Provides Ohio Senator with Comments as Work Advances on Affordability Bill

NACWA’s affordability workgroup provided the staff of Sen. George Voinovich (R-Ohio) with comments on draft legislation that would establish a realistic approach for defining a utility’s financial capability regarding long-term control plans (LTCPs) to address combined sewer overflows (CSOs) and sanitary sewer overflow controls (SSOs).  The goal is to ensure that such control programs are truly affordable for the utility’s ratepayers.  The draft title of the bill is the “Clean Water Investment Updating Act of 2008.” It would require EPA to update its 1997 Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development document — a move NACWA has been urging the Agency to take for some time.  The bill would require EPA to revise the financial capability guidance based in large part on the more flexible and site-specific principles espoused by NACWA in its November 2007 NACWA Financial Capability Compilation.

Voinovich, a senior minority member of the Senate Environment & Public Works (EPW) Committee, has long been a strong ally on water quality issues and intends to introduce the bill as early as today or early next week. His commitment to play a leadership role on the affordability front stems from meetings with several NACWA public agency members in Ohio that are facing costs in the billions of dollars to control CSOs and SSOs, often in circumstances where there is little environmental benefit from these actions and in communities that are increasingly cash-strapped.  NACWA was asked to share the draft bill only among the affordability workgroup, but will make it available to the full membership upon its introduction.

NACWA’s Legislative Policy Committee Focuses on Strategy for Fall, Next Year

During a conference call this week, NACWA’s Legislative Policy Committee discussed strategy for moving forward on several pieces of legislation, including climate change, sewer overflow notification, and funding.  While it has been an extraordinarily busy year for NACWA in terms of the number of bills introduced that could affect the clean water community, most of the bills have stalled and are not expected to pass this year.  However, others still have life in them, and NACWA encourages members to use the July 4 and August recesses to contact their senators and representatives with their comments on key legislative issues.

One important bill that may get to the House floor as early as next week would establish national standards for reporting and monitoring sewer overflows.  Substitute language for the Sewer Overflow Community Right-to-Know Act (H.R. 2452) reflects NACWA’s lengthy negotiations with American Rivers.  During the call, concern was raised about how the bill would affect combined sewer overflow (CSO) communities with long-term control plans (LTCPs).  Although significant progress has been made through negotiations to address issues identified by some NACWA members, some concerns were raised on the call regarding provisions defining basement backups as overflows and directing publicly owned treatment works (POTWs), rather than health departments, to notify the public of overflows that threaten public health.  NACWA’s Board of Directors voted to support an earlier version of the bill that was marked up by the House Transportation and Infrastructure (T&I) Committee, but the language has since been changed somewhat in the substitute. Text of the revised bill and an accompanying report will be sent to NACWA’s Board to determine if the Association can continue its support.  While the latest iteration is not perfect, it attempts to address some problem areas identified by NACWA’s members and is substantially similar to the legislation approved by the Board previously.

Climate change legislation (S. 2191), that was considered briefly on the Senate floor before being pulled because of procedural tactics that hindered any meaningful debate, was also discussed.  NACWA believes the bill will be reintroduced in the next Congress with more support and will also, most likely, have White House support since both major presidential candidates have said they favor legislation to address the issue.  Those on the call discussed their belief that NACWA member agencies should continue to be exempt from the regulatory portions of the bill, but be eligible to participate in the trading program and to receive funding for adaptation activities.

Participants on the call were also updated on the status of the fiscal year (FY) 2009 EPA funding bill and other funding measures, including the clean water trust fund legislation and clean water state revolving fund (CWSRF) reauthorization.  The Legislative Policy Committee will meet at NACWA’s Summer Conference in Anchorage, Alaska, July 17 at 7:30 am, to discuss these issues further.

NACWA Issues Analysis of 2008 Farm Bill Provisions That Benefit Water Quality

In response to members’ requests for more information regarding the water quality-related benefits of the 2008 Farm Bill, NACWA has put together a brief analysis (PDF) of these provisions in the new law, also known as the Food, Conservation and Energy Act of 2008 (Pub.Law 110-234).  President Bush vetoed the legislation in May saying it was too costly and provided too much money to wealthy farmers.  Congress overrode the veto May 22, and the Farm Bill became law.  NACWA worked hard with water sector groups and other organizations to ensure a robust conservation title that would provide financial incentives to farmers to implement practices to control agricultural runoff.  The new law creates the Agricultural Water Enhancement Program (AWEP) that allows local government entities, including clean water agencies, to work with producers and others on projects that benefit water quality.  More than $438 million was also included to address water quality challenges in the Chesapeake Bay caused by agriculture.  If you have additional questions regarding the Farm Bill, please contact Susie Bruninga 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 .

NACWA Summer Conference Is July 15 - Have You Registered Yet?

We look forward to seeing you in Anchorage for NACWA’s 2008 Summer Conference and 38th Annual Meeting, The Future of Clean Water is Now! How Next Generation Issues are Impacting Utilities Today.  If you have not already registered for the 2008 Summer Conference – don’t delay!   A detailed 2008 Summer Conference program, online registration and complete information on hotels are available on NACWA’s website (www.nacwa.org/08summer).