Click Here to see previous Fax Alerts
December 19, 2000
Congress Passes, President Signs AMSA-Supported Wet Weather Legislation
On December 18, Congress approved a negotiated funding package that provides FY 2001 monies for all remaining federal agencies. Thanks to the continued and persistent support of AMSA’s members, Congress has incorporated the full text of the Wet Weather Water Quality Act of 2000 into its final approved Omnibus Consolidated Appropriations Act of 2001. The legislation features provisions addressing combined sewer overflow (CSO) controls, an authorized 2-year, $1.5 billion grant program for sanitary sewer overflow (SSOs) and CSOs projects, and an authorized 3-year, $45 million grant program for wet weather watershed pilot projects. AMSA supported passage of the Wet Weather Water Quality Act because the bill incorporated major portions of the municipal wet weather coalition bill, the Urban Wet Weather Priorities Act (H.R. 3570). We acknowledge that this legislation does not address all of AMSA’s concerns, especially in the area of SSO liability and stormwater permitting. Nevertheless, given the atmosphere in Congress that enabled only those environmental bills which were supported without opposition to be enacted, the passage of the Wet Weather Water Quality Act marks a significant first step on the road to a much larger effort. Congratulations on a significant victory in Congress! Thank you for all of your efforts to support wet weather legislation this year.AMSA plans to build on this momentum by gaining support for legislation to help close the $23 billion funding gap in paying for the country’s water and wastewater needs. The National Office, through its leadership role in the Water Infrastructure Network, is busy at this moment mapping out a strategy for WATER-21 – a 5-year, $57 billion package in federal funding for water and wastewater infrastructure. With the tough work of achieving consensus among WIN members completed, current plans call for review and finalization of the funding framework by January 12, 2001, with publication and distribution of the document in February. The groundwork for support in Congress is underway. Already this year, WIN has already lined up about 90 Members of Congress to support a significantly greater role in water and wastewater infrastructure. At the earliest opportunity, AMSA and WIN will be working to garner support from the new Congress and Administration. Your support as we launch a more aggressive lobbying campaign will be critical to its success.
We look forward to discussing a more comprehensive strategy at the Winter Conference in San Diego, CA between January 30 and February 2. A special Legislative Strategy Session has been scheduled for January 31 from 12:15 - 1:45 pm.
Again, thanks for all of your hard work and support this year. Please call Greg Schaner at 202/296-9836 if you have any questions regarding this Alert.
Wet Weather Water Quality Act
Text from "Omnibus Consolidated Appropriations Act of 2001" (H.R. 4577)
SEC. 112. WET WEATHER WATER QUALITY. (a) COMBINED SEWER OVERFLOWS.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
``(q) COMBINED SEWER OVERFLOWS.--
``(1) REQUIREMENT FOR PERMITS, ORDERS, AND DECREES.--Each permit, order, or decree issued pursuant to this Act after the date of enactment of this subsection for a discharge from a municipal combined storm and sanitary sewer shall conform to the Combined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection referred to as the `CSO control policy').
``(2) WATER QUALITY AND DESIGNATED USE REVIEW GUIDANCE.--Not later than July 31, 2001, and after providing notice and opportunity for public comment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters.
``(3) REPORT.--Not later than September 1, 2001, the Administrator shall transmit to Congress a report on the progress made by the Environmental Protection Agency, States, and municipalities in implementing and enforcing the CSO control policy.''.
(b) WET WEATHER PILOT PROGRAM.--Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) IN GENERAL.--The Administrator, in coordination with the States, may provide technical assistance and grants for treatment works to carry out pilot projects relating to the following areas of wet weather discharge control:
``(1) WATERSHED MANAGEMENT OF WET WEATHER DISCHARGES.--The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated watershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach.
``(2) STORMWATER BEST MANAGEMENT PRACTICES.--The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies in reducing such pollutants from stormwater discharges.
``(b) ADMINISTRATION.--The Administrator, in coordination with the States, shall provide municipalities participating in a pilot project under this section the ability to engage in innovative practices, includin
g the ability to unify separate wet weather control efforts under a single permit.
``(c) FUNDING.--
``(1) IN GENERAL.--There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal year 2003, and $20,000,000 for fiscal year 2004. Such funds shall remain available until expended.
``(2) STORMWATER.--The Administrator shall make available not less than 20 percent of amounts appropriated for a fiscal year pursuant to this subsection to carry out the purposes of subsection (a)(2).
``(3) ADMINISTRATIVE EXPENSES.--The Administrator may retain not to exceed 4 percent of any amounts appropriated for a fiscal year pursuant to this subsection for the reasonable and necessary costs of administering this section.
``(d) REPORT TO CONGRESS.--Not later than 5 years after the date of enactment of this section, the Administrator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application
nationwide.''.
(c) SEWER OVERFLOW CONTROL GRANTS.--Title II of the Federal Water Pollution Control Act (33 U.S.C. 1342 et seq.) is amended by adding at the end the following:
``SEC. 221. SEWER OVERFLOW CONTROL GRANTS.
``(a) IN GENERAL.--In any fiscal year in which the Administrator has available for obligation at least $1,350,000,000 for the purposes of section 601--
``(1) the Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows; and
``(2) subject to subsection (g), the Administrator may make a direct grant to a municipality or municipal entity for the purposes described in paragraph (1).
``(b) PRIORITIZATION.--In selecting from among municipalities applying for grants under subsection (a), a State or the Administrator shall give priority to an applicant that–
``(1) is a municipality that is a financially distressed community under subsection (c);
``(2) has implemented or is complying with an implementation schedule for the 9 minimum controls specified in the CSO control
policy referred to in section 402(q)(1) and has begun implementing a long-term municipal combined sewer overflow control plan or
a separate sanitary sewer overflow control plan; or
``(3) is requesting a grant for a project that is on a State's intended use plan pursuant to section 606(c); or
``(4) is an Alaska Native Village.
``(c) FINANCIALLY DISTRESSED COMMUNITY.--
``(1) DEFINITION.--In subsection (b), the term `financially distressed community' means a community that meets affordability
criteria established by the State in which the community is located, if such criteria are developed after public review and comment.
``(2) CONSIDERATION OF IMPACT ON WATER AND SEWER RATES.--In determining if a community is a distressed community for the purposes of subsection (b), the State shall consider, among other factors, the extent to which the rate of growth of a community's tax base has been historically slow such that implementing a plan described in subsection (b)(2) would
result in a significant increase in any water or sewer rate charged by the community's publicly owned wastewater treatment facility.
``(3) INFORMATION TO ASSIST STATES.--The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1).
``(d) COST SHARING.--The Federal share of the cost of activities carried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services, and may include, notwithstanding section 603(h), financial assistance, including loans, from a State water pollution control revolving fund.
``(e) ADMINISTRATIVE REPORTING REQUIREMENTS.--If a project receives grant assistance under subsection (a) and loan assistance from a State water pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the project may be administered in accordance with State water pollution control revolving fund administrative
reporting requirements for the purposes of streamlining such requirements.
``(f) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years 2002 and 2003. Such sums shall remain available until expended.
``(g) ALLOCATION OF FUNDS.--
``(1) FISCAL YEAR 2002.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2002 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b).
``(2) FISCAL YEAR 2003.--Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants to municipalities and municipal entities under subsection (a)(2), in accordance with the criteria set forth in subsection (b).
``(B) All remaining amounts for making grants to States under subsection (a)(1), in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer
overflow controls identified in the most recent survey conducted pursuant to section 516(b)(1).
``(h) ADMINISTRATIVE EXPENSES.--Of the amounts appropriated to carry out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering
this section; and
``(2) the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal entity under subsection (a), for the reasonable and necessary costs of administering the grant.
``(i) REPORTS.--Not later than December 31, 2003, and periodically thereafter, the Administrator shall transmit to Congress a report containing recommended funding levels for grants under this section. The recommended funding levels shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide.''.
(d) INFORMATION ON CSOS AND SSOS.--
(1) REPORT TO CONGRESS.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall transmit to Congress a report summarizing--
(A) the extent of the human health and environmental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the volume of pollutants discharged, and the constituents discharged;
(B) the resources spent by municipalities to address these impacts; and
(C) an evaluation of the technologies used by municipalities to address these impacts.
(2) TECHNOLOGY CLEARINGHOUSE.--After transmitting a report under paragraph (1), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environmental impacts due to municipal combined sewer overflows and sanitary sewer overflows.