AMSA Legislative December 2003/January 2004 Update Update

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through January 9, 2004, provides an overview of the disposition of bills of interest to the nation’s publicly owned treatment works (POTWs) in the 108th Congress. 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.

Water Quality

AMSA Seeks Congressional Support for EPA Blending Policy; Faces Opposition
The Congressional Coastal Caucus (CCC) has recruited 64 members of the House on a letter to Environmental Protection Agency (EPA) Administrator Mike Leavitt opposing the EPA’s November 7, 2003 guidance on blending. CCC co-chairs Frank Pallone (D-NJ) and E. Clay Shaw, Jr. (R-FL) sent a December 1, 2003 ‘Dear Colleague’ letter to their fellow Representatives requesting that they sign on to a draft letter of opposition. AMSA began its congressional educational effort immediately following release of the EPA guidance by preparing and sending to all members of the House and Senate a letter and fact sheet requesting congressional support for EPA’s blending policy (http://www.amsa-cleanwater.org/private/faxalerts/121803.cfm). The correspondence, which also was sent to congressional legislative assistants and public relations directors, highlights that the blending policy is not a "rollback" and that the practice of blending is essential for public wastewater treatment utilities to effectively manage their peak wet weather flows.

Following the holiday break, AMSA re-sent January 6 its letter and fact sheet to Congress, and offered to schedule briefings on the blending issue with House and Senate offices. A series of briefings by AMSA staff with legislative staff in over twenty congressional offices began on January 9. Meantime, Reps. Pallone and Shaw finalized their letter to Administrator Leavitt opposing the blending policy and released it publicly on January 12, 2004. The CCC press release and letter can be found on AMSA’s web site in the Legislative Section under Correspondence and Outreach at: http://www.amsa-cleanwater.org/private/leg_outreach.cfm. AMSA is exploring opportunities to gather congressional supporters of the policy on a letter of support that would be sent in the near future to Administrator Leavitt.

AMSA Joined by over 20 Organizations in Letter to Administrator Leavitt, Congress
The National League of Cities (NLC), National Association of Counties (NACo), National Association of Towns and Townships (NATaT), AMSA, and over 20 other municipal organizations sent a January 15 joint letter to all members of Congress urging their support for the issuance of a final U.S. Environmental Protection Agency (EPA) Clean Water Act (CWA) blending policy. The municipal coalition letter can be found in the member section of the AMSA website at: http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-14EPAletter.pdf.

Due to the amount of misinformation being sent to members of Congress by activist groups, AMSA member POTWs and affiliates are urged to educate their elected officials about the practice of blending using the letters and fact sheets referenced in this article. Letters of support to both members of Congress and EPA are necessary to counter the misinformation.

Budget and Appropriations

Last year, Congress acted on only six of 13 appropriations bills that it was required to pass to fund federal departments and agencies for fiscal year (FY) 2004. The remaining seven funding measures were bundled together into an $820 billion omnibus appropriations bill (H.R. 2673) that includes FY 2004 funding for the U.S. Environmental Protection Agency (EPA). The House-Senate conference report (H. Rpt. 108-401) on the bill was passed by the House December 8, 2003. The report is available through AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

The Senate is expected to debate the bill when it convenes the 2nd Session of the 108th Congress on January 20, 2004 – the same day that President Bush delivers his State of the Union address. Numerous issues unrelated to EPA’s budget remain unresolved and new issues, such as country-of-origin labeling as a result of the mad cow scare, could prevent a vote on the bill. If the Senate fails to agree to a vote on the H.R. 2673, a majority of federal government departments and agencies will continue to be funded at FY 2003 appropriations levels for the foreseeable future.

Omnibus Bill Includes $1 Million for the National Biosolids Partnership
The House-Senate conference report (H. Rpt. 108-401) to the omnibus bill (H.R. 2673) that contains the seven unfinished appropriations measures includes a line item in EPA’s budget to fund the activities of the National Biosolids Partnership (NBP) at $1 million in fiscal year (FY) 2004. AMSA members were instrumental in obtaining the funding through the letters they wrote urging their Members of Congress to support another $1 million for the NBP.

The FY 2005 appropriations process is underway and AMSA, in partnership with the Water Environment Federation (WEF), is requesting $1 million to continue the NBP EMS program. AMSA member POTWs will be asked to sign a request letter to Congress in February 2004 during the AMSA Winter Conference in Los Angeles, CA. Individual agencies that have Members of Congress on the House and Senate appropriations subcommittee also will be contacted and asked to make a special effort to contact their lawmakers.

Funding Levels Constant for EPA Programs in 2004
The conference agreement to the fiscal year (FY) 2004 omnibus appropriations bill includes $8.4 billion for the U.S. Environmental Protection Agency (EPA). The conference report (H. Rpt. 108-401) allocates $1.35 billion for the Clean Water State Revolving Fund, of which up to $75 million is to be made available for use by States that choose to make loans, including interest-free loans, to increase nonpoint and non-structural, decentralized alternatives to conventional treatment options.

Other funding includes $850 million for the safe drinking water revolving loan fund, $2 million for the Water Information Sharing and Analysis Center (Water ISAC), which is run by the Association of Metropolitan Water Agencies (AMWA) and which AMSA supported through letters to congressional members, and $325 million for 510 special targeted grants to communities for the construction of drinking water, wastewater and stormwater infrastructure and for water quality protection.

Also in the report is language that directs EPA to contract with an independent research organization, within 60 days of enactment of the bill, to complete a study of jobs created by water infrastructure funding. Labor unions and others have reported in the past that up to 42,000 jobs are created for every $1 billion invested in infrastructure. AMSA supports the study, believing it will add to the growing body of literature that links sustained funding of water and sewer construction to job creation and healthy local economies. To review the funding levels for EPA programs for FY 2004, please read the conference report, H. Rpt. 108-401. Again, members can access the report at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Clean Water Funding

WIN Tries to Move SRF Bill to House Floor for Vote
Although the Water Quality Financing Act of 2003 (H.R. 1560) received unanimous approval by the Water Resources and Environment Subcommittee of the House Transportation and Infrastructure (T&I) Committee in July 2003, further action was delayed last year due to Davis-Bacon Act prevailing wage concerns.

The bill, which was introduced by T&I Chairman Don Young (R-AK) and Water Resources Subcommittee Chairman John J. Duncan, Jr. (R-TN) was pulled from the T&I Committee business agenda last year after Chairman Young instructed staff to ask interested parties to work out their differences over a Davis-Bacon Act provision that was expected to be added to the bill during the markup. Committee staff say that Chairman Young does not want to mark up the measure until he has assurances from the House leadership that the bill will be moved to the floor for a final vote. In an effort to move the bill in the 2nd Session of the 108th Congress, Rep. Duncan has prepared a draft letter to the House leadership stating that although he does not support the addition of prevailing wage language to legislation, he supports the bill and urges a compromise on the Davis-Bacon issue.

AMSA staff and other WIN members held a lobbying day January 14, 2004 to recruit Republican House members who oppose Davis-Bacon to sign onto the letter. If 85 Republican members sign the letter, Rep. Duncan will send it to the leadership as proof of the importance of the legislation and the need to move it to the floor. Although WIN does not take a position on Davis-Bacon Act prevailing wage provisions, WIN members are urging Representatives to support passage of the bill, regardless of the addition of such provisions, because of the nationwide environmental and economic benefits of the legislation. WIN also will co-host with the Associated General Contractors of America (AGC) a reception for Members of Congress on the evening of January 21, 2004, the day after Congress returns to Washington.

H.R. 1560 can be found on AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm. A copy of Rep. Duncan’s letter to the House leadership can be found on AMSA’s website in the Legislative Correspondence and Outreach section at http://www.amsa-cleanwater.org/private/leg_outreach.cfm.

New SRF Bill Expected in Senate; AMSA Responds to Committee Request
In the Senate, Environment and Public Works (EPW) Committee Chairman James Inhofe’s (R-OK) staff has begun work on a water and wastewater infrastructure funding bill to amend the Clean Water Act and Safe Drinking Water Act state revolving fund (SRF) programs. According to committee staff, the new bill will contain incentives instead of mandates and could be introduced as early as March of this year. As in the House, Davis-Bacon prevailing wage provisions pose a significant hurdle to the development of a bi-partisan bill. Another obstacle in the Senate will likely be the allocation formula for the distribution of the SRF funds to the states.

Early in December 2003, AMSA received a request from the leadership of the EPW Committee to suggest improvements to the loan process under clean water state revolving loan fund (SRF) programs. AMSA solicited comments from member wastewater treatment agencies in a December 19, 2003 Legislative Alert LA 03-3. Comments will be compiled and forwarded to the committee following the January 16, 2004 deadline.

AMSA Legislative Alert LA 03-3 can be found on the website at: http://www.amsa-cleanwater.org/private/legreg/legalrts/la03-3.cfm. AMSA’s response to the EPW Committee will be posted after the comment deadline.

Highway Bill Clears Committee with Nearly $1 Billion for Stormwater
The Senate Environment and Public Works (EPW) Committee approved in November 2003 a new transportation funding bill, the Safe, Affordable, Flexible and Efficient Transportation Equity Act of 2003 (SAFETEA), S. 1072. Included in the $255 billion highway construction and repair package is an AMSA-supported amendment sponsored by Senators John Warner (R-VA) and Lincoln Chafee (R-RI) which would set-aside 2 percent – approximately $958 million over six years – for states to mitigate stormwater runoff from highways. The amendment received bipartisan support in the Committee and would provide funds for projects such as stormwater retrofits, the recharge of groundwater, natural filters, stream restoration, minimization of stream bank erosion, and innovative technologies. AMSA sent several letters to EPW Senators urging their support for the amendment and will continue to seek support for the stormwater provision in the House and in the full Senate. To view these letters, visit AMSA’s website at http://www.amsa-cleanwater.org/advocacy/releases/2003-11-11-03cornyn.pdf. AMSA’s press release on the amendment can be found at http://www.amsa-cleanwater.org/advocacy/releases/111203.cfm.

Wastewater Security

Senate Wastewater Security Funding Bill Awaits Action
AMSA worked with Senator James Inhofe, (R-OK), chairman of the Senate Committee on Environment and Public Works (EPW), to urge the Senate to pass the Wastewater Treatment Works Security Act of 2003 (S. 1039) until the very last day of the congressional session last year. Chairman Inhofe tried unsuccessfully in September to place the bill on the consent calendar for a vote. Committee Democrats, led by EPW Ranking Member James Jeffords (I-VT), refused to agree that the bill should be placed on the calendar for reasons outlined in the minority views of the committee report (Senate Report No. 108-149). AMSA responded with an October letter to the Senators who opposed the bill and issued a ‘Call to Action’ to AMSA public agency members in these Senators’ states.

AMSA also prepared a joint municipal letter urging a Senate vote that was signed by the National League of Cities (NLC), the National Association of Counties (NACo), the National Association of Towns and Townships (NATaT), the American Public Works Association (APWA), the Association of Metropolitan Water Agencies (AMWA), and AMSA, and delivered to the full Senate. AMSA has been working to pass the legislation into law for over two years and will continue to work with the Chairman and the Ranking members to find a compromise and secure passage of the legislation on the Senate floor. AMSA’s Legislative Policy Committee will review alternative approaches to securing funding at its next meeting, February 4, 2004, at AMSA’s Winter Conference in Los Angeles, CA.

The Senate bill is nearly identical to H.R. 866, also titled the Wastewater Treatment Works Security Act of 2003, which cleared the House by a vote of 413 – 2 in early May. The two bills would authorize $200 million for POTWs to conduct vulnerability assessments and pay for enhanced security at their facilities. An additional $15 million would pay for technical assistance to small POTWs. Another $5 million would be made available to the U.S. Environmental Protection Agency (EPA) to make grants to nonprofit organizations for the improvement of vulnerability self-assessment methodologies and tools for POTWs. That provision could potentially fund upgrades to and training on AMSA’s Vulnerability Self Assessment Tool (VSAT™) software over the coming years. Before S. 1039 was approved by the EPW Committee, Senator Jeffords succeeded in adding an additional $15 million to the Senate bill for EPA to research new security technologies at wastewater treatment plants.

To view or download copies of S. 1039, H.R. 866, and the committee reports, go to AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm. A copy of the October 1 AMSA letter and sample POTW letter are in the Legislative Correspondence and Outreach section at http://www.amsa-cleanwater.org/private/leg_outreach.cfm.