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AMSA Legislative Update December 2001

Member Pipeline - Legislative - December 2001 Update

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To: Members, Affiliates,
Legislative Policy Committee, Legal Affairs Committee
From: National Office
Date: November 30, 2001

The National Office is pleased to provide you with this issue of the Legislative Update, which is current through November 30, 2001. The Update provides a summary of activities in the107th Congress that impact AMSA’s membership. For more detailed information regarding AMSA’s position on or activities related to any specific bill, go to the web links at the end of each news item, or contact AMSA’s National Office at 202/833-AMSA or info@amsa-cleanwater.org.

AMSA members can track Congressional action on legislation that affects the wastewater community through AMSA’s Bill Digest. The Digest provides a direct link from AMSA’s web site to Congressional web sites 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” web site. To increase the value of this essential resource, the Bill Digest is routinely updated on the AMSA web site. To bookmark the Bill Digest, go to: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

 

Security and Funding

Science Panel Approves Research Bill
The House Science Committee on November 15 approved bipartisan legislation, introduced by Chairman Sherwood Boehlert (R-NY) and Representative Brian Baird (D-WA), to enhance security at water supply and wastewater treatment systems. The Committee approved H.R. 3178, the Water Infrastructure Security and Research Development Act, by voice vote. At a press conference immediately following passage of the bill, AMSA member Jerry Johnson, General Manager, D.C. Water and Sewer Authority, expressed the support of the water and wastewater communities on behalf of AMSA and the Association of Metropolitan Water Agencies (AMWA). AMSA, AMWA and other stakeholder groups have been working on this legislation since mid-September.

The companion Senate legislation, S.1593, was introduced by Senate Environment and Public Works Chairman James Jeffords (I-VT) and Ranking Member Robert Smith (R-NH), and was voted out of that Committee earlier in November. Both bills would authorize $12 million per year for the U.S.

Environmental Protection Agency (EPA). The money would provide research grants focusing on how to prevent, detect, or respond to physical and cyber threats to our nation’s water supply infrastructure. The Jeffords bill would authorize six years of funding as compared to Boehlert’s five years, and would also include $20 million to help rural communities meet a 10 part-per-billion (ppb) arsenic standard. It is possible that either or both of the bills could be tacked onto one or more of the remaining appropriations bills now moving through the House and Senate. To locate the Boehlert and Jeffords bills, use the Bill Digest on AMSA’s web site.

Compromises Reached on Supplemental Appropriations Bills
Widespread support for new infrastructure spending was not enough to convince lawmakers to add another $20 billion to the existing $20 billion emergency supplemental package moving through the House and the Senate. AMSA and the Water Infrastructure Network (WIN) supported efforts to include $5 billion for water and wastewater infrastructure projects. The House, in response to veto threats by President Bush, stood firm with their original $20 billion security supplemental package and attached it to the $318 billion Department of Defense appropriations bill (H.R. 3338). House members passed the bill November 28 by a 406-20 vote. Included in the original package is nearly $110 million in EPA funding for immediate drinking water vulnerability assessments. House supporters of new infrastructure spending say they will revisit their proposal in the spring when the Bush administration releases its fiscal year 2003 budget.

In the Senate, Democrats plan to introduce a new $7.5 billion homeland security plan as part of the emergency supplemental in the FY ’02 Defense Department spending bill. Meantime, efforts to draft and pass an economic stimulus bill in the Senate have stalled and it appears more and more unlikely that legislators will work out their differences on a bill before adjourning for the year in December. AMSA and WIN will intensify their efforts in January to gain passage of comprehensive funding legislation to secure new financing for wastewater and water infrastructure projects.

Chemical Security Bill Introduced
The Chemical Security Act (S. 1602), sponsored by Senate Environment and Public Works Committee Chairman James Jeffords (I-VT) and Sen. Jon Corzine (D-NJ), was the target of industry criticism during a November hearing on the measure in the Senate Superfund, Toxics, Risk and Waste Management Subcommittee. The bill would impose substantial new penalties and record-keeping requirements on the chemical industry. Wastewater treatment plants would be covered under the measure due to their use and storage of chemicals such as chlorine. Due to the widespread concern over steep fines and prison terms for violators, the bill is not expected to move this year. To read the text of the bill, click on the Bill Digest on AMSA’s web site.

 

Water Quality

TMDL Rule Comes Under Congressional Scrutiny
On November 15, Assistant Administrator for Water Tracy Mehan testified before the House Transportation & Infrastructure Subcommittee on Water Resources on the future of EPA’s total maximum daily load (TMDL) program. Mehan informed subcommittee members of the Agency’s plans to propose a new rule in the spring of 2002 and a final rule before April 30, 2003. EPA had recently delayed the effective date of the controversial July 2000 rule to allow the Agency to incorporate recommendations from the National Research Council’s (NRC’s) TMDL study.

During the hearing, Subcommittee members expressed concern over the costs associated with the implementation of the revised program. In response, Mehan indicated that EPA "wants a cost effective and sustainable program that does not bankrupt the state." Mehan stated that he hopes the new rule will maintain its flexibility by allowing states various methods to meet the requirements. One option that EPA will further explore will be to allow and encourage market-based, effluent trading programs to reduce costs. Mehan also addressed one of the more controversial elements of the July 2000 rule concerning EPA’s ability to step in and adopt a federal implementation plan if the state’s plan was not developed in a timely manner or was inadequate. Mehan admitted that, in retrospect, "in many cases EPA does not have the breadth of authority outside the Clean Water Act" to impose implementation plans on states. Mehan also announced that EPA will be re-examining whether states should submit lists every two years (as currently required under the Clean Water Act) or every five years, and whether states have to submit reports only on impaired waters or all water bodies. When asked what options stakeholders would have for appealing decisions, Mehan stated that while nothing has been finalized, "conversations with AMSA and the Water Environment Federation are ongoing."

Clean Water Act Anniversary
The 30th anniversary of the enactment of the Clean Water Act (CWA) is the focus of a concurrent resolution (H. Con. Res. 255) in the House sponsored by Science Committee Chairman Sherwood Boehlert (R-NY). Cosponsoring the one-page resolution are the chair and ranking members of the Water Resources and Environment Subcommittee, Reps. John J. Duncan (R-TN) and Peter DeFazio (D-OR), as well as Rep. James Oberstar (D-MN), ranking member of the Transportation and Infrastructure (T&I) Committee, and Robert Borski (D-PA). The five cosponsors are also either co-chairs or members of the House Water Infrastructure Caucus (WIC). AMSA will be working with members of WIC and the Water Infrastructure Network (WIN) stakeholder organizations to feature the anniversary of the CWA in its campaign to raise the visibility of the water infrastructure funding shortfall and to gain passage of funding legislation next year. To read the resolution, use the Bill Digest on AMSA’s web site and search for H. Con. Res. 255.

 

Appropriations

President Signs EPA Budget Bill
President Bush signed on November 26 the spending bill that will provide $7.9 billion to EPA in fiscal year (FY) 2002. Included in the VA, HUD and Independent Agencies appropriations bill is $500,000 for AMSA for wastewater security initiatives, $1 million for the National Biosolids Partnership, $1.35 billion for the Clean Water State Revolving Fund, and $850 million for the Drinking Water State Revolving Fund. Targeted grants to address community wastewater, drinking water and ground water infrastructure projects were increased this year to $344 million. To view details of EPA’s FY 2002 budget, look for H. Rept. 107-272 in the Bill Digest on the AMSA web site.

 

Farm Bill

Senate to Move Forward with Farm Bill
Following the House of Representatives’ narrow approval of Farm Bill reauthorization legislation (H.R. 2656) on October 4, the Senate Agriculture Committee voted in mid-November to approve its own 5-year reauthorization bill. Leading up to the House debate, AMSA had actively supported an alternative Farm Bill amendment which would have substantially increased funding for conservation and nonpoint source controls, but the amendment was voted down by a majority of 26 votes. The Senate Committee’s bill (S. 1731) would provide $3.5 billion annually in conservation spending. The bill is expected to be considered on the Senate floor imminently. As an alternative to S. 1731, Senators Patrick Leahy (D-VT) and Harry Reid (D-NV) plan to introduce an amendment, the Conservation Assistance & Regional Equity Act, which would increase conservation spending to $5 billion per year and would establish pilot programs for nonpoint source controls within impaired watersheds. AMSA is planning to work with other municipal organizations to support this amendment.

 

Confirmations

Sansonetti Testifies that Negative Environmental Perception Will Improve
Thomas L. Sansonetti, nominated in April by the Bush administration for the position of Assistant Attorney General for Natural Resources, testified before the Senate Judiciary Committee at his confirmation hearing on November 6. During his testimony, Sansonetti remarked that although the Bush administration has not given much time and effort to environmental policies this year, the administration’s efforts and attention should improve once all of the President’s appointments are in place. Sansonetti’s remarks came in response to Senate Democrats’ criticism of the administration’s environmental policies. For the past 8 years, Sansonetti has been practicing law in Wyoming at the law firm of Holland and Hart. Prior to his position in Wyoming, Sansonetti was a solicitor for the Department of the Interior during the Bush Sr. administration.

Nelson Appointed to Head EPA Office of Environmental Information
Kimberly Terese Nelson was confirmed November 9 to head EPA’s Office of Environmental Information (OEI). The OEI was created two years ago to integrate and coordinate the collection and release of data among the various agency program offices. OEI also houses the Toxic Release Inventory (TRI) program, manages the Agency’s internal communications, and coordinates information sharing with other federal agencies. During Nelson’s testimony before the Senate Environment and Public Works Committee on October 17, Nelson commented that in light of the September 11 attacks, EPA would have to be more diligent and careful about the kinds of data which are available for public consumption. OEI has already removed general risk management information from the Agency’s web site. Nelson has worked in a variety of capacities for the Pennsylvania Department of Environmental Protection since 1987.