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September 20, 2002 AMSA Fax Alert

Member Pipeline - Fax Alerts - September 20, 2002

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September 20, 2002

Senate Wastewater Security Funding Bill to Be Introduced Soon
The Senate Environment and Public Works (EPW) Committee is anticipated to introduce its version of a wastewater infrastructure security funding bill as early as next week. This would be the Senate counterpart to the House Transportation and Infrastructure (T&I) Committee’s Wastewater Treatment Works Security Act of 2002, H.R. 5169, which AMSA strongly supports. H.R. 5169, which is now awaiting House floor action, authorizes $200 million for POTWs to conduct vulnerability assessments and to pay for enhanced security at their facilities; $15 million for providing technical assistance to small POTWs; and $1 million for each of the fiscal years 2003 through 2007 to EPA for grants to a nonprofit organization for the improvement of vulnerability self assessment methodologies and tools for POTWs. H.R. 5169 also directly states that EPA “may not” ask applicants for a copy of their vulnerability assessments as a condition of funding, allowing utilities to perform the assessments without unnecessary regulatory and federal Freedom of Information Act (FOIA) concerns.

Based on a review of an early draft this week, the Senate bill is anticipated to be substantively different from H.R. 5169, most notably requiring vulnerability assessments and emergency response plans to be filed with EPA. Funding is expected to total $200 million, with $150 million to implement vulnerability assessments; $25 million to implement emergency response plans; $15 million for research and development; and $10 million for technical assistance, including $200,000 per year for upgrades of AMSA’s Vulnerability Self Assessment Tool (VSAT™) software tool. AMSA is continuing its dialogue with EPW Committee staff and has expressed its opposition to provisions requiring the filing of vulnerability assessments with EPA due to POTW concerns over FOIA and confidentiality issues. AMSA will provide members with updates on this key legislation as developments transpire.


AMSA’s Efforts Lead to Senate Hold on Infrastructure Bill
Recent efforts by the Senate majority to move the Water Investment Act of 2002 (S.1961) met with significant opposition from their own party over the funding formula used to calculate the amount of money each state receives for its clean water loan fund. The most significant hold on S.1961 is that of Senator George Voinovich (R–OH), who listed concerns raised by AMSA and other key organizations in a joint state-municipal letter to the full Senate on July 10, 2002.

While S.1961 would raise authorization levels for the clean water state revolving fund to $20 billion over five years, the July 10 letter voiced opposition to the bill because it gives states oversight authority over local rate-setting; would impose unreasonable noncompliance provisions that would only deter applicants from seeking the funds; and, would put states into the untenable position of acting as legal counsel, financial planner, management consultant and quality controller for virtually every wastewater utility seeking funds — activities for which states have neither the expertise nor the dollars. Voinovich’s hold ensures that should S.1961 move forward on the Senate floor, concerns that are critical to the wastewater treatment community will be addressed. The letter is available at http://www.amsa-cleanwater.org/private/legreg/outreach/071202letter.pdf.