AMSA Legislative Update April 2005

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through April 28, 2005, provides information on the activities of the 109th Congress including anticipated legislative action of interest to the nation’s publicly owned treatment works (POTWs). For more detailed information regarding AMSA activities related to specific legislation, click on the web links at the end of selected news items, or contact AMSA’s Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

AMSA members can track congressional action on individual bills through AMSA’s Bill Tracker. The Tracker provides a direct link from AMSA’s website to congressional websites where bill texts and summaries are posted, allowing members to research relevant federal legislation. The site also includes the status and most recent action taken on all federal legislation through a link to the Library of Congress’ “Thomas” website. To renew or bookmark the Bill Tracker, go to http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Environmental Protection

AMSA Ensures Strong Testimony on Need for Blending Policy in House Hearing
AMSA’s strong advocacy on behalf of EPA’s November 2003 blending guidance in Congress has helped ensure that Capitol Hill is taking this issue seriously. Since the guidance’s proposal, AMSA has sent a constant stream of advocacy materials, including its Fact-Fiction piece and various coalition letters in support of blending, to all Members of Congress. These efforts resulted in an April 13 House Subcommittee on Water Resources and Environment hearing on the blending issue. AMSA provided significant input and organizational assistance to Subcommittee staff for the hearing that helped to ensure strong, pro-blending testimony from the municipal, state and public health viewpoints.

Alan Vicory, Jr., Executive Director & Chief Engineer of the Ohio River Valley Water Sanitation Commission (ORSANCO), Cincinnati, Ohio, testified that blending is a state-sanctioned practice that is in full compliance with Clean Water Act permits. Vicory said, “It would be extremely difficult – if not impossible – to effectively manage the wide variety of peak wet weather events in communities along the Ohio River if blending were not an available option.” John Graham, Jr., Assistant Director, Water Quality Control Department, City of Maryville, Tenn., provided the perspective of a small, expanding town that needs to be allowed to continue blending in order to deal with peak wet weather flows. Adam Olivieri, Principal Engineer, Vice President of EOA, Inc., pointed out some of the flaws in the Rose-Katonak report, which has been relied on by activist groups in criticizing blending, by providing statistics that indicate exposure to blended effluent does not pose a significant environmental or human health risk [see related story on blending briefing below]. John Hall, President, Hall & Associates, offered the municipal and legal viewpoints in support of the practice, citing the critical importance of the ongoing blending case of Pennsylvania Municipal Authorities Association v. EPA, in which AMSA filed a brief on March 16 in support of the need for a final blending policy.

Joan Rose, the Homer Nowlin Chair in Water Research, Department of Fisheries and Wildlife, Michigan State University, defended the findings of her November 2003 Report on the human health risks associated with blending. Nancy Stoner, Director, Clean Water Project, Natural Resources Defense Council, provided the activists’ anti-blending perspective. Rep. Bart Stupak (D-MI), primary sponsor of the Save Our Waters From Sewage Act (H.R. 1126), testified in support of his bill (H.R. 1126), which would prohibit blending.

AMSA will continue to meet with key members of Congress and advocate against H.R. 1126 both on its own and via the broad municipal coalition the Association has helped organize. Significantly, this coalition effort’s success received honorable mention at the hearing when Subcommittee Chairman, John J. Duncan, Jr. (R-TN), stated in his introductory remarks that he had received letters supporting the practice of blending from municipal agencies or associations in 37 states. These letters will be part of the official hearing record. AMSA will continue to build on this support to ensure progress toward a final blending policy.

AMSA Co -Sponsors Congressional Blending Briefing
In addition to a consistent letter writing campaign and meetings with key members and staff on Capitol Hill, AMSA, in advance of the April 13 House hearing on blending in the Subcommittee on Water Resources and Environment, cosponsored a March 16 informational briefing on wastewater blending for Capitol Hill staff. This briefing was held in conjunction with the Water Environment Research Foundation (WERF) and the Water Environment Federation (WEF). Participants included Dave Williams, AMSA Board Member and Director of Wastewater at the East Bay Municipal Utility District, Oakland, Calif., and Bob Matthews, Senior Vice President with AMSA Private Affiliate Camp Dresser & McKee, Inc., and Chair of WEF’s Regulatory Policy Committee.

Advance notice of the briefing was included in a letter from Subcommittee Chairman John J. Duncan, Jr. (R-TN) to his House colleagues (http://www.amsa-cleanwater.org/advocacy/co/2005-03-14dcollts.pdf ) and also in a letter from AMSA to all Members of Congress that transmitted the March 7 Technical Review of the Katonak-Rose Report (http://www.amsa-cleanwater.org/advocacy/co/2005-03-08CongBlltrep.pdf ) by Adrienne Nemura, P.E. The report was made possible through the government affairs rapid response fund that is part of AMSA’s Targeted Action Fund. The November 2003 Katonak-Rose Report on Public Health Risks Associated with Wastewater Blending has been widely used by the Natural Resources Defense Council (NRDC) and other activist organizations to oppose EPA’s proposed blending policy.

AMSA to Continue to Ramp up Efforts Against Anti-Blending Bill
AMSA continues to target its efforts against the House bill that would amend the Federal Water Pollution Control Act to prohibit POTWs from blending except under extreme circumstances. The Save Our Waters From Sewage Act (H.R. 1126) was introduced March 3 by Reps. Bart Stupak (D-MI), Mark Kirk (R-IL), Frank Pallone, Jr. (D-NJ), and E. Clay Shaw, Jr. (R-FL). The goal of the Association’s advocacy efforts is to limit the traction of the legislation and ensure that Chairman Duncan does not allow the bill to be marked up by the Subcommittee. The text of the bill is posted on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm). The Association urges members to use the Contact Congress function on AMSA’s homepage (www.amsa-cleanwater.org) to write their Representatives to support finalizing EPA’s blending policy and to not sign onto H.R. 1126.

Budget and Appropriations

CWSRF Cuts Addressed in House, Senate Budget Resolutions
After strong support from AMSA and a broad coalition effort of municipal, environmental, state and other key organizations, the Senate passed its 2006 Budget Resolution (S.Con.Res.18) by a narrow 51-49 margin in mid-March. This Resolution included the AMSA-supported Sec. 524, a Sense of the Senate regarding funding for clean water infrastructure. Sec. 524, which was offered as an amendment by Senators Lincoln Chafee (R-RI), Paul Sarbanes (D-MD), and James Inhofe (R-OK), states that the funding level for the clean water state revolving fund (CWSRF) should be increased to $1.35 billion for fiscal year (FY) 2006. In early February 2005, the Bush Administration proposed a funding cut of $361 million for the CWSRF in FY 2006 (from $1.09 billion to $730 million). A similar coalition effort last year resulted in a significantly smaller cut than the Administration had originally proposed for FY 2005, but which nevertheless amounted to an 18 percent cut to the CWSRF.

The House also passed its 2006 Budget Resolution (H.Con.Res.95) in mid-March but did not specifically address the CWSRF shortfall. However, the Natural Resources and Environment function (Function 300) in the Resolution was increased by $1.1 billion. This account funds water resources, conservation, land management, pollution control and abatement, and recreational resources. AMSA urged Representatives to set aside a minimum of $2.5 billion combined for the clean water and drinking water state revolving funds in a letter (http://www.amsa-cleanwater.org/advocacy/co/2005-03-08CWDWfdgltr.pdf) to the House Budget Committee leadership signed by a diverse group of municipal, state, environmental, and other organizations. The letter states that the $2.5 billion for the two SRFs is a step toward the creation of a long-term funding solution to address the wastewater and drinking water needs of local communities and the Association will continue to seek Congressional support for increased CWSRF funding.

Appropriations Subcommittees Struggle with New Jurisdiction over EPA Budget
The House and Senate Appropriations Committees reorganized this year, abolishing the VA-HUD & Independent Agencies Subcommittee that had jurisdiction over EPA’s budget. In the House, EPA was moved to the Appropriations Subcommittee on Interior, Environment and Related Agencies. The Subcommittee cancelled two scheduled April hearings on the Administration’s proposed fiscal year (FY) 2006 budget for EPA and is expected to go directly to markup of an appropriations bill on May 4.

In meetings with AMSA, subcommittee staff said there is very little room to move money between agencies’ accounts in the Interior bill making it difficult for them to increase the CWSRF above the Administration’s request of $730 million. Additionally, staff said they were shocked to see 667 grants in last year’s budget that added an extra $310 million to the FY 2005 EPA budget. The earmarked projects also are expected to be scaled back in the FY 2006 budget. AMSA will continue to provide information to staff regarding the urgency of increased clean water funding both in the short-term and over the long-term.

In the Senate, the budget for EPA was moved into the new Interior and Related Agencies Subcommittee which also will deal with the Interior Department, Bureau of Land Management and U.S. Geological Survey. In meetings with AMSA, Senate Subcommittee staff echoed the comments of their House counterparts, stating that many of the programs in their jurisdiction are underfunded. AMSA members can check to see if their Members are on these Subcommittees at the Appropriations Committees’ websites (http://appropriations.senate.gov/subcommittees/interior/topics.cfm?code=interior) and (http://appropriations.house.gov/index.cfm?FuseAction=AboutTheCommittee). If you have Members on these Committees, please contact their staff and express the importance of both CWSRF and long-term dedicated funding.

Key Senators Seek More Money for Clean Water SRF, AMSA Provides Support
In April, Senators Paul Sarbanes (D- MD), Lincoln Chafee (R- RI), James Jeffords (I-VT), Olympia Snowe (R-ME), and George Voinovich (R-OH) sent a ‘Dear Colleague’ letter to their fellow Senators requesting signatures on a letter to the Interior Appropriations Subcommittee supporting $1.35 billion for the Clean Water State Revolving Fund (CWSRF) and $850 million for the Drinking Water State Revolving Fund (DWSRF). The $1.35 billion is the level recommended in the Senate Budget Resolution and the EPW Committee has supported legislation increasing money for these programs to $5.2 billion. Thirty-two Senators had signed on to the letter as of April 26 and AMSA and a broad coalition in support of the SRF is seeking to add more Senators’ signatures to this important letter.

In a related matter, EPW chairman James Inhofe (R-OK) sent a letter March 7 to Senate Budget Committee Chairman Judd Gregg (R-NH) and Ranking Member Kent Conrad (D-ND) requesting additional funding for both SRFs (http://epw.senate.gov/pressitem.cfm?id=232911&party=rep).

In a separate effort, Lincoln Chafee (R-RI), chairman of the Senate Fisheries Wildlife and Water Subcommittee, EPW Committee Chairman James Jeffords (I-VT), and Paul Sarbanes (D-MD) gathered the signatures of 42 senators on a March 3 letter to Sens. Gregg and Conrad asking for $1.35 billion for the clean water SRF and $850 million for the drinking water SRF (http://www.amsa-cleanwater.org/advocacy/co/2005-03-03DCltr.pdf).

In support of these various efforts in the Senate to garner support for the CWSRF, AMSA coordinated a March 4 letter signed by 34 member organizations of the Water Infrastructure Network (WIN) to the leadership of the Senate Budget Committee (http://www.amsa-cleanwater.org/advocacy/co/2005-03-04WINltr.pdf). AMSA will continue to work with members of Congress and allied stakeholder groups to return to the FY 2004 $1.35 billion level of funding for the CWSRF. The Association will also ensure that the funding message is carried via the House hearing scheduled for May 19 on water infrastructure financing options [see related story below].

National Biosolids Partnership Seeks AMSA Member Support
The House and Senate Appropriations Subcommittees on Interior, Environment and Related Agencies will mark up the FY 2006 appropriations bills in May and June respectively, including the budget for the U.S. Environmental Protection Agency (EPA). AMSA has been meeting with congressional staff to request that $1 million be included in EPA’s FY 2006 budget to fund the activities of the National Biosolids Partnership (NBP) for next year. AMSA member POTWs were asked to sign a funding request letter to Congress in early February at the AMSA Winter Conference in San Antonio, Texas. This letter was sent to the chairs and ranking members of the House and Senate Appropriations Committees and Subcommittees (http://www.amsa-cleanwater.org/advocacy/co/2005-02-18NBPApp.pdf ). The Executive Directors of AMSA and the Water Environmental Federation (WEF) also sent a joint letter to the appropriations leadership (http://www.amsa-cleanwater.org/advocacy/co/2005-01-28AMSAWEFltr.pdf).

Individual agencies that have Members of Congress on the House and Senate appropriations subcommittees have been contacted by AMSA and asked to write letters urging their Members to request that $1 million for the NBP be included in EPA’s budget for FY 2006. A copy of the Legislative Alert can be found on the AMSA website (http://www.amsa-cleanwater.org/private/leg_outreach.cfm). A sample letter that AMSA members can personalize and send to their Representative or Senator also is available from Write Congress Now, which is located on the home page of AMSA’s website (www.amsa-cleanwater.org).

Clean Water Funding

Revised Draft of AMSA Trust Fund Bill Circulated; House Funding Hearing Scheduled in May
AMSA released a revised draft of a proposed trust fund bill for review and comment to AMSA members in April 15 via Legislative Alert 05-03 (http://www.amsa-cleanwater.org/private/legreg/legalrts/la05-3.cfm). This draft, entitled the Clean Water Trust Act of 2005, integrates many of the comments received from AMSA members, Water Infrastructure Network (WIN) organizations and environmental and conservation groups. In addition to the draft legislation, Legislative Alert 05-03 also included the revised summary of, and a list of significant changes, to the draft legislation. AMSA is also poised to provide revenue source options to the bill as additional economic work requested by the Clean Water Funding Task Force nears completion.

AMSA’s efforts to raise awareness on the need for dedicated funding are also proving effective in Congress. The House Committee on Transportation and Infrastructure has issued a notice of a May 19 oversight hearing entitled Financing Water Infrastructure Projects, which will be held by the Subcommittee on Water Resources and Environment. AMSA is working closely with Committee staff to ensure that a positive light is shed on the trust fund approach. As part of this effort, pollster Frank Luntz, who met March 3 with Subcommittee Chairman John J. Duncan, Jr. (R-TN), to review the results of the Luntz Research Companies and Penn, Schoen & Berland Associates, Inc. national survey on public support for clean and safe water, is expected to testify at the hearing. The survey, which was conducted at the request of the AMSA Clean Water Funding Task Force, found strong support for federal clean water funding, including that 86% of the public would support federal legislation that would create a long-term, sustainable and reliable trust fund for clean and safe water infrastructure (http://www.amsa-cleanwater.org/private/reg_outreach.cfm). The survey results were widely distributed to Members of Congress, their legislative staff and other key stakeholders.

AMSA Sends Support to Senate for Stormwater Mitigation Program in Highway Bill
The massive $284 billion, six-year highway bill is scheduled to be debated on the Senate floor in late April or early May. AMSA has provided consistent support for more than a year to a critical new provision in the Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005 (SAFETEA) (S. 732) that would authorize $867.6 million over five years for stormwater mitigation projects, using just 2% of the Surface Transportation Program funds. AMSA support helped ensure the bill’s passage through the Senate Environment and Public Works (EPW) Committee. More recently, however, Chairman Kit Bond (R-MO) of the EPW Subcommittee on Transportation and Infrastructure, with support from State Departments of Transportation, are seeking to remove the stormwater provision from the bill. This activity prompted a strong response from AMSA via an April 22 letter (http://www.amsa-cleanwater.org/advocacy/co/2005-04-22EPWltr.pdf) urging the EPW leadership’s continued support of the new stormwater mitigation program. AMSA will continue to work in concert with allied organizations that support the stormwater mitigation provision.

The House passed its version of the highway bill, The Transportation Equity Act: A Legacy For Users (TEALU) (H.R. 3), by a 417-9 vote in March. TEALU is a six-year bill that provides $284 billion for the federal highway, transit and highway safety programs but does not include the section creating the new stormwater mitigation program. AMSA will continue to work with Senate staff to urge lawmakers to retain the stormwater mitigation program through the House-Senate conference.

AMSA-Supported Sewer Overflow Grant Bill Reintroduced
Rep. Dave Camp (R-MI) has reintroduced his bill (H.R. 624) to extend until 2011, the $1.5 billion authorization for the sewer overflow grant program that was signed into law in 2001. The original authorization for appropriations for the grants from the EPA to municipalities expired in 2003 and was never funded. The bill, which has 23 co-sponsors, would provide $250 million for each of fiscal years 2006 through 2011 to help municipalities pay for construction projects that would reduce sewer overflows. It also calls for the creation of an allocation formula based on the needs of each state for combined and sanitary sewer overflows as identified in a survey. The new formula would be used beginning in 2007. The three-page bill can be found on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm). Last year, AMSA 2002 – 2003 Past President Paul Pinault, Executive Director of the Narragansett Bay Commission in Providence, Rhode Island, testified on behalf of AMSA at a hearing before the House Water Resources and Environment Subcommittee in support of Rep. Camp’s bill (http://www.amsa-cleanwater.org/advocacy/testimony/2004-07-08pptestimony.cfm). Rep. Camp will address AMSA’s May 3 Capitol Hill Reception where he will receive the Association’s National Environmental Achievement Award.

AMSA to Recommend Next Steps Based on GAO Wastewater Security Report
In early March, the Senate Environment and Public Works Committee released the Government Accountability Office report entitled Wastewater Facilities, Experts' Views on How Federal Funds Should be Spent to Improve Security (http://www.gao.gov/new.items/d05165.pdf). Based on the report’s recommendations, AMSA’s Security & Emergency Preparedness Committee is considering next steps, including legislative recommendations to Congress in line with the report’s findings. Also, several Association initiatives currently underway demonstrate that AMSA continues to be ahead of the curve on security issues.

The report, which incorporates input from AMSA members and staff who served on an expert panel, recommends priorities for federal government funding to improve the security of wastewater treatment facilities and. The report found that:

"Experts identified 11 key actions when asked to identify and set priorities for the security-enhancing activities most deserving of federal support…Three were particularly noteworthy because they were given a rating of highest priority by a substantial number of the experts…The first activity was the replacement of gaseous chemicals used in wastewater treatment with less hazardous alternatives…The second activity cited was improving local, state, and regional efforts to coordinate responses in advance of a potential terrorist threat…Finally, the third activity cited was completing vulnerability assessments for individual wastewater systems."

Demonstrating the Association’s leadership in the security arena, AMSA has already begun to address several of these recommended activities through ongoing security initiatives. These projects include a decision tree to assess the viability of using disinfection alternatives to chlorine gas; finalizing its Managing Decontamination Wastewater… A Utility Planning Tool publication; and developing and enhancing its Vulnerability Self-Assessment Tool™ software, the latest of which is the new VSAT™ 3.2 update for wastewater that includes a function to create or update emergency response plans (ERPs).

The GAO report also identifies collection systems’ network of pipes as a key vulnerability and recommends more security training opportunities for wastewater utility operators, hardening facilities against attack, as well as increasing research and development to improve detection, assessment and response as priorities. AMSA’s Security and Emergency Preparedness Committee will remain active on these and other security-related issues and will meet at the Association’s 35th Anniversary Meeting to develop next steps in response to the report’s findings. AMSA will continue to meet with Senate and House staff on wastewater security issues to define the needs of wastewater utilities and determine how Congress can assist municipalities in further securing their systems.