Search

Clean Water Advocacy Newsroom

Clean Water Advocacy - Newsroom - AMSA in the News

State Water Projects Feel Congressional Budget Cuts

Bond Buyer Magazine

Posted 12/29/04

By Humberto Sanchez

State revolving loan fund advocates are going to have their work cut out for them to get funding increased in fiscal 2006, which starts next Oct. 1, because lawmakers and the Bush administration are expected to continue to hold down domestic spending.

The push for added federal funds comes after the state revolving loan fund programs were cut for fiscal 2005 and is now slated to receive only $1.932 billion from Congress through Sept. 30, $270 million less than the program received in fiscal year 2004.

The cut is "bad news because it is the first time in a number of years where we have seen a reduction and our primary concern will be what does this auger for the future," said Rick Farrell, executive director of the Council of Infrastructure Financing Authorities, which represents agencies that operate the wastewater and drinking-water state revolving funds, or SRFs. "This is a program that needs a lot more money, not less money."

By most accounts there is a sizeable funding gap between what is spent on wastewater and drinking-water infrastructure and what is needed. A 2002 study by the Environmental Protection Agency identified a $270 billion gap over 20 years between current wastewater funding and anticipated needs, as well as a $265 billion funding gap for drinking water.

The wastewater and drinking-water SRF programs provide low-interest loans to local governments and operators of sewer and water facilities. The programs have become a significant source of wastewater and drinking-water infrastructure financing and are often leveraged with tax-exempt bonds.

The $1.08 billion was part of the massive $388 billion fiscal 2005 omnibus spending measure signed into law by President Bush Dec. 9. The measure also provided $843 million for the drinking-water SRF program, down $7 million from the amount it received in fiscal 2004, which ended Sept. 30.

The cut primarily hurts states that leverage their SRF programs with tax-exempt bonds because for every federal dollar spent by the wastewater SRF, an average of an additional $1.11 is invested between state funds and bond proceeds, producing a dollar multiplier of $2.11, according to the Water Infrastructure Network, a water advocacy group.

In order to lessen the pain of the funding cut, water infrastructure advocates received assurances from Rep. James T. Walsh, R-N.Y., chairman of the Appropriations Committee's water infrastructure subcommittee, that the cut was a one-time only necessity, according to Farrell.

But, under House Republican rules, Walsh must step down as chairman in for the 109th Congress. Walsh has spoken with House Speaker Dennis Hastert, R-Ill., about remaining chairman of the subcommittee for another two years, but House leaders will not decide the matter until January.

"He's been very supportive," Farrell said. "I think it is to our distinct advantage for him to stay," because New York state has sizeable water infrastructure needs.

Water infrastructure lobbyists also hope to continue their campaign to win Congressional approval of legislation to authorize increased funding for the wastewater and drinking-water SRFs. But it will be a challenge since most committees with jurisdiction over the SRFs will be focused on completing highway and transit legislation.

"I assume [the committees] are going to start next year where they left off this year, so the question is the political will and whatever compromises that have to be made to get this thing moving," said Farrell.

In June the Senate approved a bill that would authorize spending $20 billion for the wastewater SRF program over five years and $15 billion over five years for the drinking-water SRF program.

But the bill died in part because of a controversial provision that would have changed the formula used to dole out wastewater infrastructure grants, which was opposed by some states.

Under the measure, wastewater grants initially would be distributed according to a transition formula, which would favor states with smaller populations, while at least maintaining current funding levels to larger population states. Once federal appropriations for the wastewater SRF reaches $3.15 billion a year, the formula would be based on needs documented in a survey currently conducted by most states every four years. States like Arizona rejected the proposed formula change because Congress has never appropriated more than $1.35 billion a year for the wastewater SRF.

The bill also included a Davis-Bacon Act provision requiring that prevailing wages be paid on projects funded by the SRFs. Davis-Bacon is an often divisive issue between Democrats, who usually insist on it, and Republicans who typically oppose it. This issue also held up SRF legislation in the House in 2003.

CIFA also plans to continue to push for the removal of all arbitrage rebate restrictions from tax-exempt bonds sold for wastewater and drinking water SRFs. The group has been in discussions over the last several months with officials at the Treasury Department concerning the possibility of resolving the matter administratively as opposed to addressing the issue with new legislation.

"We have always argued that the Treasury Department could work it out," Farrell said. "It's a matter of whether you really need a legislative change or whether you can interpret current statute to" exclude SRF bonds from arbitrage requirements.

Farrell said that the discussions with the department "have been ongoing and productive," but would not comment further.

Next year will also see a push from the Association of Metropolitan Sewerage Agencies to create a water infrastructure trust fund, which would provide $45 billion over five years for water infrastructure funding.

Trust fund dollars would come from a proposed five-cent tax on all bottled beverages, excluding milk and fruit juices and concentrates. The tax is expected to raise $35 billion, with the remaining $10 billion would come from federal SRF funding, assuming it is funded at its historical levels.

The proposal is "a work in progress," said AMSA executive director Ken Kirk. "This is an early draft and the numbers may change. We are still in process of getting comments back from our members and other stakeholders."

Kirk hopes to have the proposal introduced as legislation early next year, but currently has no champion of the plan in Congress. AMSA officials plan to meet with bottled beverage representatives in February.

"Hopefully it [the proposal] will lead to a very important dialogue with the bottle beverage industry and other industries on how best to proceed and insure that communities have the dollars they need to move forward to make our rivers and lakes and streams and oceans safe," Kirk said.

Of the $9 billion a year that would be available, $5 billion would go towards wastewater infrastructure improvements, including $3 billion for grants and $2 billion for the wastewater SRF.

The plan calls for $3 billion to be provided for drinking water infrastructure enhancements, including $1.5 billion for grants and $1.5 billion for the clean water SRF.

The remaining $1 billion would be used for various other water related improvement programs.