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Legislative Update Cover Letter

To: Members & Subscribers
From: National Office
Date: March 1997

The National Office is pleased to provide you with the March 1997 Legislative Update. Following are instructions on how to use this Update, as well as listing of those bills currently being tracked by the National Office. The Legislative Update is a monthly service of the Association of Metropolitan Sewerage Agencies.

House Transportation & Infrastructure Committee
Fills Remaining Seats
Earlier this month, the Democratic members of the House Transportation & Infrastructure Committee assigned members to the Water Resources & Environment Subcommittee and filled two of the three remaining slots on the full committee. According to a minority committee staffer, a decision was made to leave one seat on the full committee vacant for the time being.

The full committee has been focusing its efforts recently on reauthorization of the Intermodal Surface Transportation Efficiency Act (ISTEA), the major highway funding bill. AMSA has been carefully monitoring the progress of hearings for details about environmental programs that may be included in the legislation. Priority consideration of the legislation is being driven by the fact that ISTEA expires on September 30, 1997.

The Subcommittee has also held several hearing on Superfund reauthorization. AMSA continues to push for inclusion of our amendment exempting POTWs from liability under the statute key Congressional staff and other Washington, DC based representatives. See page 8 of Update for additional information.

Clean Water Hearings Scheduled for April
Representative Sherwood Boehlert (R-NY), Chair of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment announced plans to hold hearings before his subcommittee on April 23 and 24 to address Clean Water Act reauthorization. As currently planned the hearings will focus on infrastructure needs on April 23 and wetlands on April 24. The National Office will be contacting committee staff to discuss AMSA participation during the hearings.

AMSA Provides Comments to EPA Privatization Paper
On March 13, the National Office, with the assistance of members of the Privatization Workgroup, produced and forwarded comments to the Environmental Protection Agency on a draft paper titled "Response to Congress on Privatization of Wastewater Facilities." The paper was requested by the House Appropriations Committee to examine the use of public-private partnerships as a source of funds to meet
current and future wastewater infrastructure needs. A hearing on EPA's 1998 budget has been scheduled for April 15 and the paper was requested as background material for that meeting.

The paper, which was rushed by the Agency at the request of the Committee, takes a very general look at POTW privatization and neglects to address many of the issues that AMSA identified in its two publications. Because of the nature in which the paper deals with privatization, AMSA is concerned that a reader with little knowledge of the wastewater field might assume that privatization is a quick and easy way to remedy local funding shortfalls. AMSA's comments urged the Agency to perform a more careful evaluation of wastewater utility privatization and all of its implications prior to submitting the paper to the House Appropriations Committee. Copies of AMSA's publications, Evaluating Privatization: An AMSA Checklist and Managed Competition: Developing and Responding to RFQs and RFPS were forwarded along with detailed comments.

According to a committee report filed with last year's EPA appropriations legislation, the House Appropriations Committee has been considering privatization as a viable alternative to government investment in wastewater treatment facilities. In their committee report, Representatives urged EPA to "do everything it can administratively to remove impediments to such public/private partnerships and encourage the state and local governments to look to the private sector instead of the Federal government as the financial source of choice." To ensure better understanding of the issues and variables involved, the National Office will forward copies of both noted AMSA publications to all members of the Appropriations Committee. Additionally, AMSA is pursuing opportunities to provide testimony during upcoming hearings.

AMSA Weighs in on Biosolids Labeling Bill
Among the legislation being tracked by the Association is H.R.289, sponsored by Representative Jose Serrano (D-NY - Bronx), which would amend the Food, Drug and Cosmetic Act to require the labeling of any food or ingredient that was produced on land which sewage sludge was applied unless application terminated more than one year before the date on which production began. Staff from the National Office met recently with Nadine Berg, a legislative assistant to the Congressman, to discuss the implications of the legislation and the reasoning behind its introduction. It appears that the bill is not a high priority of Representative Serrano's and they do not expect it to see any action. Also attending the meeting were representatives from the Washington, DC office for the City of New York and AMSA member agency New York City Department of Environmental Protection. For additional information on the meeting and recent action on the legislation, please see page 2 of this Update.


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