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To: Members & Subscribers
From: National Office
Date:September 26, 1997 (current to September 25, 1997)

The National Office is pleased to provide you with the September 1997 Legislative Update. Following are instruction on how to use this Update, as well as a listing of those bills currently being tracked by the National Office. To streamline the Update, we have moved all legislation that we are tracking that hasn't seen significant action (i.e. committee hearing, mark-up, floor debate) in the past six months to the section of the Update labeled "Abbreviated Listings." The Legislative Update is a monthly service of the Association of Metropolitan Sewerage Agencies.

$1 Million Incorporated in Commerce Appropriation to Fund CZARA

During floor consideration of the appropriations legislation for the Departments of Commerce, Justice, the Judiciary & Related Agencies, $1 million was added to fund section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) and $3 million was added to fund research on Pfiesteria piscicida, a microbe associated with nonpoint source pollution, which is responsible for numerous fish kills in the coastal rivers of Maryland, Virginia and North Carolina.

AMSA played a role in ensuring funding for the program. Earlier this week, the National Office forwarded a letter to Representatives on the House Appropriations Committee urging their support of an amendment to fund the CZARA program at $2.5 million dollars. AMSA noted that CZARA offers the only national program that reduces nonpoint source pollution through better government coordination and, when voluntary measures are ineffective, provides states with backup authority to require additional actions to control polluted runoff. Prior to floor consideration, the bill appropriating funds for the Departments of Commerce, Justice, the Judiciary & Related Agencies did not include any money for CZARA. The legislation is expected to go to conference early next week and should be completed by October 1, the beginning of the new fiscal year.

EPA Appropriations Delayed Over Housing Allocation

Legislation to fund the Environmental Protection Agency , (H.R.2158) was passed by both the House and the Senate prior to August recess, however, Conference Committee members were delayed in their consideration of the legislation by a controversial housing issue. EPA is funded through an appropriation which includes the Veterans Administration, Housing and Urban Development and several other independent agencies. The housing issue was resolved earlier this week, and conferees are expected to meet today, September 26 to finalize the legislation. The Conference Committee was allocated $90.948 billion for the entire package. This amount is about the same as what the House was working with and more than the Senate allocation. The increase over the Senate allocation means that there will be more money for all of the programs funded out of H.R.2158.

Bipartisan Endangered Species Legislation Introduced

Bipartisan legislation to reauthorize the Endangered Species Act (S.1180) was introduced on September 16 in the Senate. The AMSA National Office is currently reviewing the legislation to determine if provisions relating to the consultation process (Section 7 of the current Act) require legislative remedy. The Fish and Wildlife Service and that National Marine Fisheries Service recently circulated a final revision draft Memorandum of Agreement (MOA) defining specific roles of federal agencies when addressing Endangered Species Act (ESA) issues in the context of NPDES permitting, state NPDES program approvals and approval of state water quality standards. Section 7 requires that all federal agencies consult with Fish and Wildlife and National Marine Fisheries when taking an action which may impact and endangered or threatened species. The MOA, if finalized, could significantly impact permitting requirements for AMSA member agencies. For additional information on the MOA, refer to Regulatory Alert 97-23.

S.1180 was coupled with another measure, S.1181, the Endangered Species Habitat Protection Act of 1997. S.1181 includes provisions that may have stalled or stopped altogether consideration of the ESA reauthorization. Among those provisions are federal tax incentives to encourage landowners to enter into easements to protect species habitat and opportunities for landowners who experience a 30 percent loss on the value of their property due to ESA to seek compensation from the federal government. For additional information on S.1180, please see page 7 of this Update.

Superfund Consideration Continues in Both Houses

The Senate Environment & Public Works Committee held a hearing on September 4, shortly after returning from August recess, to hear testimony from the Environmental Protection Agency and others on reauthorization of the Comprehensive Environmental, Response, Compensation and Liability Act (CERCLA or Superfund). The committee had also scheduled a mark-up for S.8, the Senate reauthorization vehicle, during which an amendment in the nature of a substitute was expected to be introduced. During the hearing, it became clear that additional discussion among committee members was necessary to gain consensus on the substitute legislation and the scheduled mark-up was canceled. Mark-up has not been rescheduled. On the House side, reports from staff to the House Transportation & Infrastructure Committee indicated that committee members are moving closer to a bipartisan Superfund agreement, but are not ready to make any announcement regarding legislation. The two committees with jurisdiction over the statute, Commerce and Transportation & Infrastructure agreed to work separately on the legislation last July after months of working to produce joint legislation.

With the House and Senate both moving to reform superfund, AMSA has accelerated efforts to urge inclusion of an amendment exempting publicly-owned treatment works from joint and several liability in both bills. Meetings are being scheduled and legislative strategy is being revisited to ensure maximum effectiveness.

Highway Funding Passed Ready for Floor Debate in the Senate

The Senate Environment & Public Works Committee approved a federal highway funding bill on September 17. The legislation includes the Congestion Mitigation and Air Quality Program as well as several amendments proposed to streamline environmental projects. Among them are a Democrat-sponsored amendment that encourages joint emphasis on environmental protections and economic development at the local level and an amendment. The committee also approved an amendment encouraging coordination among government agencies on large highway projects. The bill is currently scheduled for floor debate during the week of October 1.

On the House side, Representative Bud Shuster (R-PA), chair of the House Transportation & Infrastructure Committee announced that he will seek a full six year authorization for the Intermodal Surface Transportation Efficiency Act, rather then the short-term (six month) measure he's previously sought.

The National Office will continue to keep members informed of all significant developments through Legislative Alerts and monthly Updates. If you have any questions regarding any legislative initiatives, please contact Paula Dannenfeldt (202/833-4654) or Christy Kettell (202/833-3692).


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