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May 23, 2008

Revised Climate Bill Has $995 Billion for Adaptation, Mitigation for States, Localities

A substitute amendment (PDF) to S. 2191, the Climate Security Act of 2007, and an accompanying summary (PDF), released this week by Sens. Barbara Boxer (D-Calif.), chair of the Senate Environment and Public Works (EPW) Committee, Joe Lieberman (I-Conn.), and John Warner (R-Va.), includes $955 billion through 2050 to assist states, localities, and tribes with climate change mitigation and adaptation activities.  Significantly, projects addressing “water resource problems” are eligible to receive funding under this title.  This marks a drastic improvement over the version of the bill adopted in the EPW Committee last December in which water resource adaptation and mitigation projects were not eligible to receive funding.  The amendment also establishes a new program to research the effects of climate change on water and wastewater systems under the bill’s Research Title, which would be conducted through a nonprofit water research foundation and sponsored by drinking water utilities.

NACWA has met regularly over the past few months with Senate EPW staff to push for federal funding for public clean water agency adaptation and mitigation needs in S. 2191.  The Association also wrote or signed onto numerous letters urging support for programs that would benefit water quality, support additional research, and provide federal funding for adaptation needs.  NACWA’s advocacy was guided by Climate Change: Emerging Issues for Clean Water Agencies (PDF), the Association’s white paper outlining how water resources might be affected by climate change.  Most recently, NACWA sent a letter to Boxer and the EPW Committee outlining the need for adaption and mitigation funding.

S. 2191 is scheduled for floor debate in the Senate on June 2, but supporters will have to overcome an inevitable filibuster from Sen. James Inhofe (R-Okla.), ranking member of the EPW committee, and concern from both sides of the aisle regarding the bill’s potential impact on the nation’s economy, in particular those states that depend on coal-fired plants for electricity generation.  At this time it does not appear likely that Boxer will get the 60 votes needed to proceed.

Speaking with a small group of stakeholders and NACWA staff this week, Sen. George Voinovich (R-Ohio) indicated that the floor debate will merely be a ‘prelude to next year’ when a new Congress and a climate-minded president will lead to a more serious legislative effort.  NACWA’s continuing advocacy efforts have, however, laid important groundwork for improving the legislation both this year and next helping to define climate change as a water resource issue.  And while this amendment represents an important first step in securing increased federal funding for clean water adaptation and mitigation needs, NACWA will continue working with members of both the House and Senate to further improve the legislation and ensure that real dollars follow.

Late last week, NACWA and members of the water sector met with EPA to discuss its draft climate change strategy, which outlines how the Agency will work to integrate climate issues into its core water programs.  During the meeting, EPA indicated that it is extending the deadline for filing comments on the strategy until June 10.  NACWA’s comments will highlight EPA’s failure to identify longer-term actions in the strategy and its continued lack of consideration for a true watershed-based approach to implementation of the Clean Water Act.

NACWA Meets With Key House, EPA Staff to Discuss Overflow Bill

NACWA met this week with staff from American Rivers, the House Transportation and Infrastructure (T&I) Committee, the office of Rep. Tim Bishop (D-N.Y.), and EPA to further refine provisions in the Sewage Overflow Community Right-to-Know Act (H.R. 2452).  The legislation, introduced by Bishop, seeks to establish a national program for monitoring and reporting sewer overflows.  NACWA’s Board of Directors voted in April to support revised language for the bill, which was reported out of the T&I Committee May 15 after several months of negotiation.  A summary of these discussions and substitute amendment can be found in NACWA’s Legislative Alert, LA 08-02 .

Before scheduling the bill for a vote by the full House, committee staff will include report language clarifying that publicly owned treatment works (POTWs) would not be responsible for sewer overflows from satellite collection systems that they do not own or operate.  The committee is also considering language outlining the bill’s effect on combined sewer overflow (CSO) communities while laying out a more detailed timeline for EPA’s implementation of the bill.  In addition to report language, the committee is also considering a new replacement bill for the House floor that incorporates key components of the report language.  NACWA will seek member comments on the new language and an additional Board vote may be necessary depending on the extent to which H.R. 2452 is altered.

The timetable for consideration of Senate companion legislation, S. 2080, is not as clear.  Senate staff have said that they would probably substitute S. 2080 with the language agreed upon by the House.  NACWA will continue to pursue additional revisions to address member concerns.

Senate Committee Passes BEACH Act Reauthorization, Doubles Funding for Monitoring

Legislation reauthorizing the Beaches Environmental Assessment and Coastal Health (BEACH) Act was approved by the Senate EPW Committee May 21 by voice vote.  The Beach Protection Act of 2008 (S. 2844), introduced by Sens. Frank Lautenberg (D-N.J.) and George Voinovich (R-Ohio), would increase grant money to states for beach monitoring and cleanup from $30 million to $60 million through 2012.  Several changes would be made to the BEACH Act through the reauthorizing legislation.  For the first time, funding in the bill could be used for actual beach cleanups.  In addition, EPA would have to validate its test methods within two years and would have to conduct a study on how it distributes grants to states.  Grants could also be used for pollution source tracking and pollution prevention. The bill also calls on EPA to approve test methods that can detect contamination within two hours so that the public can be notified of any potential health risks as soon as possible.  Currently, water quality monitoring tests can take as long as two days.  The House passed a similar version of the bill (H.R. 2537) on April 16 by voice vote. That bill would provide $40 million in state grants for monitoring and tracking pollution at beaches. NACWA will follow developments regarding the bill as the Senate considers its next steps for the legislation.

NACWA Seeks Member Participation in Utility Executives Perspectives Luncheon Series

NACWA is hosting a series of informal presentations by its public agency member utility executives — called Utility Executives Perspectives Luncheons — at its Washington, D.C. national office.  Each luncheon features a presentation by a utility executive about specific challenges at their agencies and the innovative solutions used to meet those challenges.  The intended audiences include staff for D.C.-based organizations representing municipal and state interests — such as the National League of Cities, the U.S. Conference of Mayors, and the National Association of Counties —  as well as other non-governmental organizations (NGO) that work closely with NACWA.  The luncheons offer a unique opportunity for these key organizations to learn about the important work the nation’s clean water agencies do every day and to ask basic questions that they may not feel comfortable asking in other, more formal settings.

Andrew Brunhart, then-general manager of the Washington Suburban Sanitary Commission (WSSC), spoke at the first luncheon earlier this year.  NACWA is pleased to have Karen Pallansch, general manager of the Alexandria Sanitation Authority in Virginia, speaking at the next luncheon, scheduled for June 12.  NACWA would like to schedule a Utility Executives Perspectives Luncheon every two months and will be continuing this effort through 2009 as well.  The Association is also seeking geographic diversity and looks forward to hearing from public member agency leaders interested in providing a luncheon presentation during scheduled trips to the D.C. area.  Please contact Adam Krantz 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 or 202/833-4651 if you would like to make a presentation at one of these events.

Join NACWA in Anchorage for the 2008 Summer Conference and 38th Annual Meeting!

NACWA is gearing up for its 2008 Summer Conference, The Future of Clean Water is Now! How Next Generation Issues are Impacting Utilities Today, July 15-18, at the Hilton Anchorage in Alaska.  The conference will feature several presentations exploring holistic approaches to evaluating clean water investment priorities.  In addition, next generation issues will be discussed including adaptation planning to address climate-related challenges; more stringent criteria for bacteria and wet weather challenges; and technologies to address nutrients.  Utilities are already anticipating new challenges associated with climate change and new regulatory requirements and are working hard to address them in innovative ways.

Register Today!  A detailed 2008 Summer Conference program, online registration and complete information on hotels are available on NACWA’s website.  The response to early promotion of the Summer Conference has been very strong – resulting in our room block at the Hilton Anchorage filling to capacity well in advance of the June 17 cut-off date.  Because this situation may change, please try to first secure a reservation at the Hilton Anchorage.  If they are unable to accommodate you, NACWA has arranged for a small block of rooms at the Anchorage Marriott Downtown, a short walk away.  We look forward to seeing you at the 2008 Summer Conference!