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Member Pipeline - Legislative - Update

To: Members, Affiliates & Legal Affairs Committee
From: National Office
Date: May 20, 2001

The National Office is pleased to provide you with the AMSA Legislative Update. The update provides you with a summary of legislative events and activities current to May 20, 2001. A Bill Digest of legislation currently tracked by AMSA also is attached. If you have any questions or comments, please contact the National Office.


AMSA Ohio Members Testify at Field Hearing
On April 30, 2001 the Senate Subcommittee on Fisheries, Wildlife, and Water held a field hearing in Columbus, Ohio to receive testimony on options to address wastewater infrastructure needs. The subcommittee heard from AMSA members Erwin Odeal, Executive Director of the Northeast Ohio Regional Sewer District; Donald Moline, Director of Public Utilities and Robert Stevenson, Commissioner, of Toledo; and Patrick Karney, Director of the Metropolitan Sewer District of Greater Cincinnati. Opening the hearing, Senator George Voinovich (R-OH) stated, "Congress needs to do a better job educating the public on the extent of water infrastructure needs in our communities and why it is important that something be done to protect public health and well-being". In each of their testimonies, AMSA members unanimously called on Senators to make water infrastructure a national priority, highlighted their specific community infrastructure needs, and demonstrated the adverse effect substantial new rate increases will have on their local population. See AMSA members' testimony at: http://www.senate.gov/~epw/stm1_107.htm.


AMSA Asks Members to Document POTW Infrastructure Needs

On April 20, 2001 AMSA asked each AMSA member POTW to document and share with Members of Congress the challenges they are facing in the repair and rehabilitation of their infrastructure (Legislative Alert 01-03) -- much like the Ohio agencies who documented their infrastructure needs at the Senate field hearing last month (see story above). The documented needs of the cities and communities of AMSA members, sent to individual Congressional delegations, will help educate lawmakers on the importance of the issue and advance the causes of both AMSA and the Water Infrastructure Network (WIN). AMSA has developed a sample letter for you to use to convey your statistics to your Congressional delegation, as well as several "Helpful Hints" in formatting the letter and reaching Congress. Please make every effort to prepare and send your letter as soon as possible. It is extremely important that as many AMSA Members as possible document their local infrastructure needs and communicate this information to their Senators and Representatives. Please remember to provide a copy of your local needs to AMSA's Lee Garrigan. The sample letter can be found on AMSA's website at: http://www.amsa-cleanwater.org/private/legreg/legalrts/la01-3.cfm


Congressional Committee Receives Response to CBO Testimony

Late last year, the co-chairs of the House Water Infrastructure Caucus asked the Congressional Budget Office (CBO) to review current funding needs estimates for water and wastewater infrastructure, including EPA's Wastewater and Drinking Water Needs Surveys and Gap Analysis and Clean and Safe Water for the 21st Century, issued by the Water Infrastructure Network (WIN) in April 2000. AMSA, WIN member organizations, and federal executives have met with CBO officials to give them relevant information on current and future funding needs. Although CBO is not finished with its report, an official presented preliminary findings during testimony at a March 2001 House Water Resources Subcommittee hearing on water infrastructure needs. The testimony questioned some of WIN's assumptions, mistakenly attributed government data to WIN, and misstated other WIN findings. AMSA coordinated WIN's detailed response to the CBO testimony and on April 20, 2001 transmitted that information to Members and staff on the Water Resources Subcommittee. The WIN response can be found on AMSA's website at: http://www.amsa-cleanwater.org/private/faxalerts/4-18-01WINResponsetoCBO.doc


Whitman Budget Testimony Supports AMSA Priorities

On May 2, 2001 EPA Administrator Christine Todd Whitman appeared before the House Subcommittee on Water Resources and Environment to answer questions on EPA's Fiscal Year 2002 budget needs. Whitman highlighted the AMSA-supported combined sewer overflow (CSO) and sanitary sewer overflow (SSO) grant program created by the Wet Weather Water Quality Act of 2000. However, she indicated that Act's requirement that the SRF be funded at $1.35 billion to trigger these grants should be changed "to meet our priorities while exercising fiscal restraint". The President's budget funds "water infrastructure" at a total of $1.3 billion-$850 million for the state revolving fund (SRF) and $450 million for wet weather grants. Congress intended the grants be funded at $750 million. Whitman also noted that "[e]nsuring that our water infrastructure needs are addressed will require a shared commitment on the part of the Federal, State, tribal, and local governments, private business and consumers. I pledge that EPA will continue to participate in such a partnership to better understand the water infrastructure challenges we face . . ." See Whitman's statement at http://www.amsa-cleanwater.org/private/legreg/outreach/5-3-01fy2002whitmanstatement.pdf

On May 10, 2001 Administrator Whitman continued her budget testimony, this time before the House Appropriations Subcommittee on VA, HUD & Independent Agencies, which has jurisdiction over EPA's budget. In her testimony, Whitman again identified wastewater infrastructure needs among her top four priorities, and highlighted the proposed allocation of $450 million for sewer overflow grants. Although Whitman acknowledged that the current budget for wet weather grants is $300 million less than authorized by Congress under the Wet Weather Water Quality Act, she emphasized the importance of getting the program started. In response to inquiries about the total maximum daily load rule, Whitman announced plans to issue a new cost report in late May and reminded legislators of the expected June release of the National Academy of Science's study of the rule.

AMSA will pursue full funding of both the SRF and the grant program, continue our infrastructure funding efforts, and track EPA budget developments throughout the summer.


Funding Bills Dropped in House, Senate

Sen. George Voinovich (R-OH) and Rep. Sue Kelly (R-NY) reintroduced their bills to amend the state revolving loan fund on April 4, 2001. The "Clean Water Infrastructure Financing Act of 2001" (S. 252 and H.R. 668, respectively) amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements. The Act also: 1) directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act; 2) requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters; 3) provides for an extended repayment period and additional subsidization with respect to loans made to financially distressed communities from revolving funds; and, 4) reauthorizes appropriations for FY 2002 through 2006 for the revolving fund program ($3 billion a year). The Kelly bill has over 80 sponsors and the Senate bill still has only one.

A number of other House members also have introduced legislative proposals that would fund water infrastructure. Rep. Dennis Kucinich (D-OH) and 6 co-sponsors introduced on April 24, 2001, H.R. 1564 entitled, "Rebuilding America's Infrastructure" which would establish the Federal Bank for Infrastructure Modernization. The bill would authorize the Bank to make loans to any State, local government, Indian tribe, and regional or multistate organization for the development of certain transportation, educational, water, and hazardous treatment-related capital infrastructure facility projects. It sets forth specified requirements with respect to: 1) loan and borrower eligibility and 2) compliance with the Americans with Disabilities Act of 1990, the Buy America Act, and the Davis-Bacon Act (wages) as they relate to the development of such projects.

Two additional short measures were introduced on May 8, 2001 by Rep. John Dingell (D-MI) to address water infrastructure needs. "The Clean Water State Revolving Loan Fund (SRF) Enhancement Act of 2001" would reauthorize the SRF at $5.4 billion per year for five years. "The Water Infrastructure Improvement Act of 2001" would re-instate the Municipal Construction Grant Program. The federal share of the grant program would be 55 percent and nearly every phase of wastewater treatment, effluent discharge, solids management, and storm-water control would be eligible for the grants. The bill would authorize $5.4 billion per year for five years. For more information on water infrastructure funding legislative proposals, visit http://thomas.loc.gov/.


AMSA Asks Members to Voice Support on Mercury Bill

On February 15, 2001, Senator Susan Collins (R-ME) introduced S. 351, the Mercury Reduction and Disposal Act of 2001. The bill elevates to the national level the ongoing dialogue in several states on effective ways to reduce the quantity of mercury in the environment. On March 29, 2001, AMSA sent a letter commending Senator Collins on the introduction of S. 351. AMSA voiced its support for the bill acknowledging it as an important first step in reducing the quantity of mercury in the environment. The Senator's office is appreciative of the POTW community's support. AMSA also recommended that the Interagency Task Force on Mercury (Task Force) created by the bill recommend a national environmental mercury compliance strategy, recognizing that mercury pollution problems are not limited by state boundaries; suggested that an eighth member appointed by AMSA be added to the Task Force to provide the POTW perspective; and further recommended expanding the proposed Thermometer Exchange Grant Program to collect mercury thermometers and other mercury containing devices from schools.

On April 30, 2001, AMSA asked each member agency to encourage their Senators to cosponsor S. 351 and to support a national mercury compliance strategy (Legislative Alert 01-05). EPA has published recommended fish tissue water quality criteria for methylmercury that will ultimately be used by states to develop stringent discharge standards for POTWs. In addition, POTWs in Maine and New York are currently faced with legislation that could ultimately impose discharge limits requiring enormous community investment and potentially have little impact on the total quantity of mercury in the environment. A national compliance strategy will act as a framework for states as they address mercury issues and help to underscore the importance of controlling mercury at its source in lieu of imposing stringent effluent guidelines. A letter template is available on AMSA's website at http://www.amsa-cleanwater.org/private/legreg/legalrts/la01-5.cfm.


AMSA Carries Infrastructure Message Across the Country
In recent weeks AMSA has been actively recruiting new supporters in the campaign to close the water infrastructure funding gap. AMSA's Executive Director Ken Kirk, speaking on behalf of AMSA and the Water Infrastructure Network (WIN), addressed the memberships of the Plastics Pipe Institute, the Submersible Wastewater Pump Association, the Associated Soil and Foundation Engineers, the National Conference of State Legislatures, and the Council on Infrastructure Financing Authorities. Kirk also made a presentation to the Water and Wastewater Equipment Manufacturers (WWEMA) to urge that group to reconsider their support for the WINow report. In a letter to AMSA President Bill Pugh, WWEMA declined to change their position and will not support the WIN funding recommendations. However, WWEMA members voiced support at the meeting for the broad goals of the WIN Coalition. AMSA will continue to educate stakeholders and recruit new organizations in support of increased funding for wastewater infrastructure.


WIN Launches New Web Site for Earth Day
The Water Infrastructure Network (WIN) celebrated the 31st anniversary of Earth Day by launching a new internet web site April 22, 2001 to promote clean and safe water for all Americans. AMSA members visiting the website at www.win-water.org can download WIN's reports, Clean and Safe Water for the 21st Century (April 2000) and Water Infrastructure NOW (February 2001), and find the latest news on WIN's activities. The web site gives AMSA members easy access to the information necessary to take action and stay informed, including Congressional activity, news, and reports on water and wastewater infrastructure. AMSA members are encouraged to download a copy of the news release announcing the website from  http://www.amsa-cleanwater.org/about/releases/042201.cfm and share it with local elected officials, municipal press officers, and local news outlets. AMSA also was instrumental in preparing a WIN advertisement that will be published in the Earth Day edition of Roll Call, the most widely-read political newspaper on Capitol Hill.


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