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To: Members & Subscribers
From:National Office
Date:May 13, 1997
Re:LA97-2

AMSA Testifies During First CWA Hearing of 105TH Congress

AMSA Testifies on CWA Infrastructure Needs
AMSA testified during the first Clean Water Act (CWA) hearing of the 105th Congress, which was convened by the House Transportation & Infrastructure Subcommittee on Water Resources & Environment. AMSA Board Member Erwin Odeal, Executive Director, Northeast Ohio Regional Sewer District, represented the Association and presented testimony responsive to the hearing's theme "Clean Water and Drinking Water Infrastructure Needs." Subcommittee Chair Sherwood Boehlert (R-NY) called the hearing to address traditional CWA funding issues as well as the viability of using privatization as a tool to meet current and future CWA needs. A second CWA hearing took place on April 29 addressing wetlands.

The hearings are viewed as both fact finding and educational for the House Transportation & Infrastructure Committee, the largest committee in the House of Representatives. Membership of the committee grew from 63 during the last Congress to 73 this year, with 25 new members. The Water Resources and Environment Subcommittee alone has 34 members.

AMSA's testimony drew heavily on the findings of the Association's recently released 1996 Financial Survey for needs-related information. AMSA highlighted the pay-offs of investing in the national clean water program and urged Members of Congress to continue to provide funding. AMSA also took the opportunity to promote the Association's goal of comprehensive watershed management and linked it to the funding issue. Copies of AMSA's 1997 Financial Survey, Evaluating Privatization: An AMSA Checklist and Managed Competition: Developing & Responding to RFQs and RFPs were forwarded, along with the testimony, to the committee. The testimony is included with this Legislative Alert.

Chairman Shuster Endorses Public-Private Partnerships
In his opening statement, House Transportation & Infrastructure Committee Chair Bud Shuster (R-PA) stated that his Committee's "goal is to reauthorize and revitalize the (Clean Water) Act this Congress." He noted that the hearings are the first in a series of CWA investigations that the Water Resources & Environment Subcommittee will be conducting. He expected that additional hearings would likely cover nonpoint source pollution, watershed protection, and "various regulatory issues."

While noting that it is not without controversy, Chairman Shuster endorsed public-private partnerships as an effective means to financing local infrastructure needs. He also stated that "we should reauthorize and adequately fund the Clean Water Act State Revolving Fund (SRF), increase state and local flexibility to use such funds, [and] target assistance to hardship communities."

Perciasepe Challenged on Agency FY'98 SRF Request
EPA Assistant Administrator for Water Bob Perciasepe was challenged by both Transportation & Infrastructure Chair Shuster and Water Resources & Environment Subcommittee Chair Sherwood Boehlert (R-NY) to defend the Agency's decision to request less money for the State Revolving Fund (SRF) in Fiscal Year 1998 (FY'98) than last year's allocation. The Agency requested $2.078 billion for water infrastructure programs in FY'98, a decrease of $158 million from 1997. The decrease includes a $100 million reduction in funding for the Clean Water and Safe Drinking Water SRFs. The 1998 Administration request proposes $1.075 billion be directed to the Clean Water SRF, $725 million to the Drinking Water SRF, $150 million to Mexican border communities and $128 million for other needy communities.

In his opening statements, Chairman Shuster stated, "While the Administration's FY'98 budget request for Clean Water (SRF) infrastructure falls $275 million short of the mark provided last year, I remain hopeful they will want to join with us and others in efforts to improve water infrastructure programs." During the hearing, Chairman Boehlert stated that the Agency's request would cause a problem for the committee because Committee members would authorize more than requested and have a difficult time justifying it to other Members of Congress. It was also stated by both Congressmen that the only way to approach Clean Water Act reauthorization would be in a bipartisan manner that both plan to support during the 105th Congress.

In response to member criticism of the Agency's proposal, Perciasepe stated that the proposed cut in the state revolving loan fund would not create any problems. He said that the wastewater SRF needs to receive just under $6 billion over the next five years in order to revolve at about $2 billion annually over the next several decades.

Perciasepe Calls for SRF Flexibility, Supports Watersheds
In his testimony, Assistant Administrator Perciasepe promoted continued federal investment in the clean water program through the SRF and grants to needy communities. He stated that over the new few years, the Agency would be working with states to improve long-term planning for the use of the SRFs and encourage

the creative use of financial assistance to support projects that prevent pollution and address needs on a watershed basis.

In his concluding remarks, Perciasepe stated, "The bottom line is that the Clean Water SRF should be viewed, not only as a mechanism for funding wastewater plants, but as a tool to assist in the financing of a wide range of projects needed to improve water quality in a watershed." He stated that the Agency would work with states to facilitate watershed planning and implementation and encourage States to identify pollution prevention opportunities related to drinking water and clean water.

Also testifying during the hearing were representatives from the U.S. Conference of Mayors, the National League of Cities, the Water Environment Federation, the New York State Environmental Facilities Corporation, the Association of State and Interstate Water Pollution Control Administrators, the Council of Infrastructure Financing Authorities, the Pennsylvania Rural Water Association, the National Utility Contractors Association, Clean Water Action, and Save the (Long Island) Sound, Inc.

AMSA Submits Hearing Statement to Appropriations Committee
AMSA submitted a Statement for the Record in the form of a letter to Representative Jerry Lewis (R-CA), Chair of the House Appropriations Subcommittee on VA, HUD & Independent Agencies on May 2 addressing fiscal year 1998 funding for EPA. The subcommittee scheduled had two days of hearings to take testimony from stakeholder organizations on the Agency's budget. AMSA's comments focused on the needs identified in the Association's 1996 Financial Survey and spoke to the issue of POTW privatization. A copy of the letter is attached.

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