AMSA Legislative Update December 2004

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through December 30, 2004, provides an overview of bills and initiatives of interest to the nation’s publicly owned treatment works (POTWs) in the 108th Congress in addition to a look forward to the 109th 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.

Environmental Protection

Democratic Senators Seek to Halt EPA Guidance on Blending
Ranking Member of the Senate Environment and Public Works Committee James Jeffords (I-VT) gathered the signatures of 15 Senate Democrats on a December 20 letter to Environmental Protection Agency (EPA) Administrator Michael Leavitt opposing the issuance of EPA’s proposed blending guidance. The letter (http://epw.senate.gov/pressitem.cfm?id=230238&party=dem) implies that the EPA is ignoring the public health ramifications of blending and calls on Administrator Leavitt to “end consideration” of the proposed guidance document entitled “National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Municipal Wastewater Treatment Discharges During Wet Weather Conditions,” which was published in the Federal Register on November 7, 2003. EPA officials have subsequently told AMSA that the Agency remains committed to finalizing the guidance.

In anticipation that Senator Jeffords will lead an effort to introduce new legislation in the 109th Congress that would prevent EPA from issuing the guidance, AMSA has revised its ‘fact or fiction’ sheet on blending to distribute to Members of Congress after they settle into their new offices in January 2005.

AMSA will resume its educational efforts, begun in January 2004, to garner congressional support for the immediate issuance of the EPA guidance on blending.

House Bill Would Outlaw Blending by Stopping EPA Guidance
A Michigan congressman took aim at the practice of blending and introduced a bill just before Congress adjourned for the year that seeks to bar the Administrator of EPA from promulgating regulations or issuing guidance that would authorize a publicly owned treatment works to divert flows to bypass a portion of its treatment facility. H.R. 5421, Save Our Water from Sewage Act of 2004, was introduced by Rep. Bart Stupak (D-MI) in response to EPA’s November 2003 draft guidance that would allow publicly owned wastewater treatment facilities to blend during heavy rains. Stupak says he intends to fight for the bill and will reintroduce it in the 109th Congress next year.

Stupak was one of 58 Members of Congress that signed a letter earlier in 2004 to EPA Administrator Michael Leavitt in opposition to the proposed guidance. AMSA responded to Rep. Stupak’s bill with a December 9, 2004 letter explaining the municipal need for a final blending guidance (http://www.amsa-cleanwater.org/private/leg_outreach.cfm). A copy of the two-page bill can be found under Environmental Protection on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm).

Clean Water Legislation

AMSA to Distribute Second Draft of Trust Fund Bill
In response to comments received by AMSA members and other stakeholder organizations, AMSA is revising the first draft of a proposed trust fund bill that would provide additional federal financial assistance to wastewater treatment agencies. AMSA released an early draft of its anticipated trust fund bill via AMSA Legislative Alert 04-5 (http://www.amsa-cleanwater.org/private/legreg/legalrts/la04-5.cfm) in November 2004. The Clean & Safe Water Trust Fund Act of 2005 (Trust Fund Act) and an accompanying bill overview, were sent to AMSA members, member organizations of the Water Infrastructure Network (WIN) and other stakeholder groups for review and response by December 10. The Trust Fund Act was drafted in response to the overwhelming financial needs of local wastewater and water utilities and the lack of available federal funds in the U.S. general treasury to fund existing clean water programs. It is especially timely due to the steady erosion of the federal government’s commitment to clean water in EPA’s fiscal year 2005 budget. The AMSA Clean Water Funding Task Force has been supporting this effort for over two years. AMSA encourages its members upon receipt of the second, revised draft of the proposed bill to provide comments by January 14, 2005 to Lee Garrigan at lgarrigan@amsa-cleanwater.org or by fax to 202/833-4657.

109th Congress

The House and the Senate will convene the 109th Congress on January 4, 2005. Republicans and Democrats will meet separately to elect their leaders and appoint Members to congressional committees. Other business that week will include the formal counting of the Electoral College votes for president. President Bush will be inaugurated January 20 for a second term of office, will deliver the State of the Union address on February 2 and will send Congress his fiscal year 2006 federal budget, including proposed funding levels for EPA programs, the following Monday, February 7.

Senate Water Subcommittee Chairman Departing Committee
Senator Mike Crapo (R-ID) has given up his seat on the Environment and Public Works Committee (EPW) and will no longer chair the Fisheries, Wildlife and Water Subcommittee. While the leadership of the full EPW committee will remain the same with Senators James Inhofe (R-OK) and Senator James Jeffords (I-VT) returning as the Chair and Ranking Member, several veteran members are departing the committee. Leaving the committee are Republican Senators John Cornyn (TX), Craig Thomas (WY), and Wayne Allard (CO) and Democratic Senators Harry Reid (NV), Ron Wyden (OR) and Bob Graham (FL).

Only two new Democrats will join the committee, former EPW member Senator Frank Lautenberg (D-NJ) and freshman Senator Barak Obama (D-IL). On the Republican side, the four freshmen who will join the committee are Senators John Thune (SD), Jim DeMint (SC), Johnny Isakson (GA) and David Vitter (LA).

While EPW Chairman Inhofe has stated that his two priorities for next year are the completion of the surface transportation bill and President Bush’s Clear Skies Act, AMSA will urge the Chairman to begin work as soon as possible on clean water funding legislation.

Appropriations

Budget Cuts to Clean Water Loan Program Likely to Continue
Recent comments by federal officials and Capitol Hill staff indicate that President Bush’s fiscal year (FY) 2006 budget could seek further cuts to programs that provide federal financial assistance to wastewater and water programs. In November, the Clean Water State Revolving Fund (CWSRF) program was cut by approximately 18 percent, from $1.35 billion to $1.1 billion, and is subject to an across-the-board decrease of 0.83 percent, leaving $1.09 billion to fund local wastewater projects in 2005. The reduction in appropriations for the CWSRF was in line with the President’s budget request for FY 2005. If congressional appropriators reduce funding for wastewater infrastructure improvement programs next year, it could signal the fulfillment of Congress’ intent, when it approved the state revolving fund program, to phase out federal contributions to local wastewater projects.

Also approved in the omnibus appropriations bill were $843 billion for the Safe Drinking Water State Revolving Fund and $18 million for competitive Targeted Watershed grants, of which $8 million is earmarked for Chesapeake Bay projects to demonstrate effective nonpoint source nutrient reduction approaches for small watersheds.

The Water Information Sharing and Analysis Center (Water ISAC) will receive $2 million in FY 2005 and another $310 million will be provided for 667 targeted grants to communities for the construction of drinking water, wastewater and stormwater infrastructure and for general water quality protection. Forty-five percent of a project’s cost must be paid for by the grant recipient.

The final appropriations report can be found on AMSA’s Bill Tracker ( http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm) by clicking on H.R 5041 under Budget and Appropriations, then click on House Report 108-674.

Funding for National Biosolids Partnership to Continue in 2005
Responding to requests from AMSA members and other stakeholder groups, Congress appropriated $980,000 in FY 2005 for the National Biosolids Partnership (NBP) to continue work on its environmental management system (EMS) for biosolids programs. The House Subcommittee on VA-HUD & Independent Agencies and the full House Appropriations Committee included in its version of EPA’s FY 2005 budget $1 million to fund the activities of the NBP. During the approval process, all programs in the VA-HUD appropriations bill were cut by two percent, which reduced the NBP grant to $980,000. EPA officials believe the appropriated amount will be subject to an additional across-the-board cut of 0.83 percent, which would give the NBP $970,000 for FY 2005.