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To:

Members, Affiliates & Legal Affairs Committee

From:

National Office

Date:

February 2000

The National Office is pleased to provide you with the February 2000 Legislative Update. The update will provide you with a comprehensive overview of AMSA's recent legislative initiatives and the general outlook on Capitol Hill current to January 28, 2000. The attached Bill Digest provides an abbreviated summary of pertinent legislation that AMSA is currently tracking. If you have any questions or comments, please contact the National Office.

Bipartisan Sponsors to Introduce AMSA-Led Wet Weather Bill This Week
Signaling to the country that strengthening and financing urban wet weather programs is a bipartisan issue, Congressmen Steve LaTourette (R-OH) and William J. Pascrell (D-NJ), both members of the prestigious House Water Resources & Environment Subcommittee, will jointly introduce the AMSA-led Urban Wet Weather Priorities Act of 2000 in the House of Representatives. Although a date has not been finalized, staff indicate that the plan is to formally introduce the bill during the week of January 31, 2000. The decision by Congressmen LaTourette and Pascrell to sign on to the bill marks a significant step forward in moving one of AMSA's top legislative priorities on the Hill, and will significantly ease the National Office's efforts to attract bipartisan support. The National Office has sought from the early drafting stages of the legislation to attract bipartisan cosponsors.

The Bill, developed by a coalition of municipal organizations including AMSA, the National League of Cities (NLC), National Association of Counties (NACo), U.S. Conference of Mayors, National Association of Flood & Stormwater Management Agencies (NAFSMA), American Public Works Association (APWA), Water Environment Federation (WEF), and CSO Partnership would make important changes in the Clean Water Act's oversight of Combined Sewer Overflows (CSOs), Sanitary Sewer Overflows (SSOs) and urban stormwater runoff and would establish a dedicated wet weather grants program.

Prior to the bill's introduction, Congressmen LaTourette and Pascrell will distribute a “Dear Colleague” letter describing the bill and encouraging additional bipartisan cosponsors. During the past several months, and particularly during the recess, the National Office has stepped up its campaign for the bill. In addition, AMSA has asked that each member write to their Congressional delegation as soon as possible informing them of the Bill and encouraging them to sign on as a cosponsor as soon as possible after it is introduced. The National Office distributed a Legislative Alert (see LA 99-16) on December 23, 1999 containing a sample letter, a summary of the bill, and instructions on how to prepare and send the letter. Although many members have responded, if your agency has not yet written letters of support, it is not too late you are encourage to do so. Arriving on Capitol Hill following with the bill's introduction, your agency's letters will make a significant impression on Congress, and will further aid in the process of drawing additional cosponsors.

The urgent need for the bill is growing increasingly apparent. AMSA has recently learned that EPA is about to release a new enforcement guidance focusing on CSO and SSO issues, despite the widespread inconsistencies in wet weather requirements and the lack of any national program for overflows from separate sanitary sewers. In addition, the Agency continues to insist on including numeric limits in stormwater permits despite clarification from the Federal courts indicating that Congress intended EPA to regulate municipal permits using the standard of “maximum extent practicable.”

AMSA Sparks Interest in House Clean Water Trust Fund Legislation
The national water infrastructure funding dialogue that AMSA set in motion last year is prompting lawmakers to seek permanent solutions to the funding needs documented in The Cost of Clean. Following a sequence of high-profile interest in clean water infrastructure issues, Congressman James P. McGovern (D-MA), a member of the House Water Resources & Environment Subcommittee, requested that Chairman Bud Shuster of the Transportation & Infrastructure Committee hold hearings in the second session on the concept of a Clean Water Trust Fund. The National Office had met with the Congressman's staff earlier in the fall to offer advice on long-term funding options and to inform them of the activities of the Water Infrastructure Network (WIN).

Citing the enormous project needs for clean water and drinking water infrastructure, the Congressman's January 18, 2000 letter (see attached) suggests that a trust fund “modeled after TEA-21 (the Transportation Equity Act of the 21st Century) would provide a permanent, self-sustaining funding mechanism for CSO construction and other water infrastructure projects.” The letter identifies a $5 to $6 billion annual gap in wastewater infrastructure funding, lists a number of bills — including the Urban Wet Weather Priorities Act — that address clean water funding in some way and sketches the criteria and revenue sources for a viable Clean Water Infrastructure Trust Fund. McGovern concludes with a recommendation to “explore the idea of introducing Clean Water Trust Fund grant program legislation.” The Congressman listed AMSA among the lead organizations that have expressed interest in related legislation. AMSA sent a January 28 letter to Chairman Shuster applauding Congressman McGovern's foresight in spotlighting trust funds and other long-term funding options. AMSA is hopeful that Congressman McGovern's letter signals an increasing awareness on Capitol Hill to the tremendous needs of clean water infrastructure.

House Infrastructure Leaders Place Clean Water Funding in National Spotlight
During the recess, the Republican and Democrat leaders on the House Transportation & Infrastructure Committee and the Water Resources & Environment Subcommittee transmitted a letter to President Clinton on December 14, 1999 urging his Administration to support “an increased federal commitment to funding the Nation's Clean Water Infrastructure programs.” The letter was signed by Bud Shuster (R-PA), Chairman of the Transportation & Infrastructure Committee, James L. Oberstar (D-MN), Ranking Member on the Committee, Sherwood L. Boehlert (R-NY), Chairman of the Water Resources & Environment Subcommittee, and Robert A. Borski (D-PA), Ranking Member on the Subcommittee. The letter indicated that increased funding for water quality improvement will be a priority for the Transportation & Infrastructure Committee, and recommended that the President reflect this priority in the FY 2001 budget request. The letter closed by asking the President to work with the Committee “in the development of recommendations on innovative financing to help meet the staggering level and array of water infrastructure needs in the new millennium.” This bipartisan letter, coming from the leading House authorities on water quality issues, should significantly boost AMSA's efforts to increase national awareness of the shortage of federal funds for clean water.

It is hoped that EPA's proposed FY 2001 budget will contain a significant increase in funding for the Clean Water State Revolving Fund (SRF). For the FY 2000 budget, Congress restored the SRF budget to $1.35 billion in response to the Administration's request for $800 million. On the legislative front, both the House and Senate will consider the Clean Water Infrastructure Financing Act of 1999 (H.R. 2720 and S. 1699), which authorizes the expenditure of $3 billion per year for the next four years under the SRF program. The bill's progress in Congress will depend upon negotiations between labor interests, Democrats, and Republicans on the application of the Davis-Bacon Act restrictions to the appropriate SRF funds.

AMSA Launches Campaign on Nonpoint Source Controls in the TMDL Program
Several Congressional Committees have expressed interest in holding hearings on issues and concerns about the implementation of the U.S. Environmental Protection Agency's (EPA's) draft Total Maximum Daily Load (TMDL) rule. AMSA anticipates that it will be invited to testify at one or more of these hearings. Apart from exploring issues on implementation of the rule, one issue in particular that will be scrutinized is EPA's authority to direct further nonpoint source controls through the TMDL process. Congress received letters from several nonpoint source lobbies during the recess challenging EPA's ability under the existing statute to regulate nonpoint sources. In an effort to balance this highly vocal opposition to TMDLs, AMSA sent its own letter to Congress on January 20, 2000, encouraging support for the expansion of controls for nonpoint source pollution. In particular, AMSA urged all Representatives and Senators to inform the House and Senate committees with jurisdiction over water resources and agriculture that EPA's plan to expand the regulation of nonpoint sources through the TMDL program is absolutely critical to the success of the Clean Water Act.

The National Office asks that each AMSA member write similar letters as soon as possible to their delegations. On January 24, 2000, Legislative Alert LA 00-2 was sent to the membership detailing the importance of this campaign. The Legislative Alert contains a sample letter and instructions on how to prepare and send the letter. If you have not already sent your letter, we encourage you to do so as soon as possible.

AMSA to Meet with Senate Environment Chairman to Outline Legislative Priorities
As promised during his first policy speech, Chairman of the Senate Environment & Public Works Committee, Senator Bob Smith (R-NH), is inviting a number of interest groups to advise him on where to focus the Committee's legislative energies during the second session. AMSA, joined by several other municipal organizations, will meet personally with Senator Smith on February 9, 2000. AMSA will be joined by the NLC, NACo, WEF, APWA, NAFSMA, The Rebuild America Coalition (RAC), and The CSO Partnership. The groups will advise the Chairman of the top legislative priorities for municipalities, including the need for urban wet weather legislation, expanding federal funding for clean and safe water infrastructure, and stronger controls on nonpoint source pollution.

AMSA/WEF Urge Congress to Renew Funding for National Biosolids Partnership
In an effort to continue the progress of the National Biosolids Partnership (NBP), AMSA and the Water Environment Federation (WEF) sent a letter on January 28, 2000 to the House and Senate VA, HUD & Independent Agencies Subcommittees on Appropriations providing a progress report and requesting continued Congressional funding for FY 2001. The Partnership, a joint effort by AMSA, WEF, and EPA, was established in 1997 to cooperatively promote environmentally sound and publicly acceptable biosolids management. In particular, the Partnership seeks to shift responsibility for testing, certification, and use of biosolids towards the private sector through the development of a voluntary management system, the Environmental Management System (EMS). Through this program, the Partnership intends to strengthen public acceptance of biosolids reuse and recycling, while at the same time reducing the need to develop more traditional regulatory and enforcement-driven programs.

Congress included $900,000 in EPA's budget for the Partnership's activities in FY 2000. Current program funding is being used to complete and field test three primary components of the EMS, the National Manual of Good Practices, Common Procedures and Guidance for Designing & Implementing an EMS, and A Program for Independent Third-Party Verification. At this time, more than 20 major facilities have volunteered to be part of the demonstration program, and by the year's end the number will reach 40 to 50 facilities. Demonstration facilities will develop action plans for putting an EMS into place, based on the Partnership's EMS blueprint. The Partnership will support these participants through training and technical assistance throughout 2000. The goal of the program is to ultimately involve every major POTW in developing an EMS for biosolids, and over time to draw smaller facilities as well.

Further progress will not be possible without continued Congressional funding. For that reason, AMSA and WEF will ask Congress to provide funding in the amount of $1.3 million for the NBP's FY 2001 activities. AMSA will be sending its request letter to Congress, signed by the Executive Committee and agency members in attendance at the Winter Conference in Albuquerque, New Mexico, in early February. In addition, AMSA members are being asked to immediately contact their Congressional delegations to urge support for the Partnership's continued funding. Please be on the lookout for Legislative Alert LA 00-2 (January 31, 2000), which contains a sample letter and instructions for writing Congress.

AMSA Urges Senate Committee to Support Abandoned Mine Runoff Legislation
AMSA is working cooperatively with the Western Governor's Association (WGA) to build support for the Good Samaritan Abandoned or Inactive Mine Waste Remediation Act (S. 1787), introduced jointly by Senators Max Baucus (D-MT), Ben Nighthorse Campbell (R-CO), and Tom Daschle (D-SD) on October 26, 1999. On January 31, 2000, the National Office sent a letter to the Senate Environment & Public Works Committee expressing AMSA's strong interest in the bill's passage. The National Office will continue to work with the WGA as the bill is considered in the Committee.

The bill is designed to eliminate the disincentives that currently exist in the Clean Water Act to the restoration of water quality through Good Samaritan cleanups of abandoned or inactive hardrock mines. To accomplish this, the legislation allows the federal government, states, tribes, and local governments that want to clean up an abandoned or inactive mining site to apply for a “mine waste remediation” permit instead of the typical Clean Water Act permit. The key to the mine waste remediation permit is that it will allow Good Samaritans to improve water quality to the best of their ability rather than necessarily to achieve full compliance with water quality standards.

According to the WGA, there are at least 400,000 abandoned or inactive mine sites in the west, and nearly 14,400 abandoned hard rock mines directly degrade surface waters. Heavy metal discharges from these mines result in lower quality drinking water and pose significant health risk to the biota that reside in these impacted waters, and the wildlife and fisherman that eat these fish and shellfish.

Water Infrastructure Network (WIN) Set to Complete Clean Water Funding Study
The consulting firm of Hagler Bailly Services, Inc., hired by AMSA through the Water Infrastructure Network (WIN), has completed a draft report that focuses the need for the federal government to assume a greater role in funding water and wastewater capitol improvement projects. The draft report has been distributed to members of WIN for comment, and members will meet on February 11 at the National Office to finalize the document. The effort, which began in early September, was financed by contributions from AMSA and other organizations. The AMSA Board of Directors voted to provide up to $20,000 for the Network in its July 1999 meeting, and many other national organizations have followed suit with contributions to the effort.

WIN consists of about 40 local and state water and wastewater, environmental and natural resources, agriculture, labor, engineering, and construction interests. The Network is working toward finding a permanent funding source for water-related infrastructure needs including clean water, drinking water and nonpoint source pollution. WIN anticipates that it will take up to three years to build adequate public and Congressional support for a new federal program.

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