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AMSA Legislative Update February 2002

Member Pipeline - Legislative - February 2002 Update

To: Members, Affiliates,
Legislative Policy Committee, Legal Affairs Committee
From: National Office
Date: March 4, 2002

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The National Office is pleased to provide you with this issue of the Legislative Update, which is current through March 1, 2002. The Update provides a summary of recent activities 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 selected news items, or contact AMSA's National Office at 202/833-AMSA or info@amsa-cleanwater.org.

AMSA members can track congressional action on specific legislation through AMSA's Bill Tracker. The Tracker 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 Tracker is routinely updated on the AMSA web site. To bookmark the Bill Tracker, go to http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

 

Funding and Security

New Senate Bill Increases SRF Funding, But Misses the Mark
The Senate Environment and Public Works (EPW) Committee has introduced its version of a water and wastewater infrastructure funding bill, S. 1961, the Water Investment Act of 2002. A copy of the bill can be found on AMSA's web site at http://www.amsa-cleanwater.org/private/legreg/legalrts/la02-1.cfm. The bill would significantly amend the funding sections of the Clean Water Act and the Safe Drinking Water Act. Committee Chairman Jim Jeffords (I-Vt.) and ranking member Robert Smith (R-N.H.) were joined by the leadership of the Water Resources Subcommittee, Senators Bob Graham (D-Fla.) and Michael Crapo (R-Idaho), in sponsoring the bill. The bill authorizes over $20 billion for clean water and $15 billion for safe drinking water over five years, and would make the funds available to both public and privately owned systems. At the end of the five years it is the intent of the cosponsors to end the annual federal contribution to the state revolving loan funds and allow them to become self-sufficient.

The EPW Committee bill focuses extensively on the technical, managerial, and financial capacity of utilities to ensure the accountability of loan recipients. In AMSA's February 28 testimony before the Senate EPW Subcommittee on Fisheries, Wildlife, and Water, the Association's Vice President Paul Pinault of the Narragansett Bay Commission asked Senators to amend the bill. A copy of AMSA's testimony can be accessed at http://www.amsa-cleanwater.org/advocacy/testimony/2-28-02testimony.cfm. Pinault called for the addition of a grant component and additional funding to address core infrastructure needs. He also requested the deletion of the majority of the new administrative and regulatory requirements, recommending instead that the bill provide incentives to local communities to employ best management practices.

Seventeen witnesses delivered testimony in two days of hearings before both the full Committee and the Subcommittee. As the recommendations of the witnesses and other stakeholder groups were considered, AMSA met with committee staff to detail the needed revisions. AMSA members will be asked in the coming week to contact their Senators to ask that the EPW Committee delay the mark up of S.1961 until after the necessary changes are made to the bill. Sen. Jeffords had planned an early March mark up of the bill with floor action anticipated prior to the July 4 recess. For further information, contact Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

AMSA Members Asked to Weigh In With Senators on Senate Bill Amendments
To ensure that the critical modifications supported by AMSA are made to S. 1961, the National Office is asking for a broad effort from the membership to contact their Senators, especially those with Senators on EPW Committee. AMSA has prepared a list of recommended modifications to S.1961 that should be attached to letters, faxes or e-mails to send to Senate offices, or as talking points in telephone discussions or meetings on S. 1961. EPW is likely to mark up S. 1961 in mid-March so time is of the essence. The list of AMSA's recommended modifications to S. 1961 is available at http://www.amsa-cleanwater.org/private/legreg/legalrts/la02-02b.pdf. Members also received Legislative Alert 02-02, providing more details on AMSA's call-to-action on S. 1961.

Reps. Kelly-Tauscher Add Grants to Revamped Bill
While the House Transportation and Infrastructure (T&I) Committee continues to work on the details of a committee bill, Representatives Sue Kelly (R-NY) and Ellen Tauscher (D-CA) amended and reintroduced their funding vehicle - now entitled the Clean Water Infrastructure Construction Act of 2002 (H.R. 3792). The bill amends the Clean Water Act and authorizes a total of $25 billion in loans and grants to fund wastewater infrastructure projects over five years. Additional provisions in the bill address qualifications-based requirements for architectural and engineering contracts, guidance for small systems, grants to financially distressed communities, and language allowing design-build to be used on eligible projects. Although AMSA prefers the Kelly-Tauscher approach, the bill that will be introduced in early March on behalf of the T&I Committee leadership is expected to be the central focus of the House debate on water infrastructure funding. The T&I Committee bill is expected to be introduced sometime during the week of March 4. For further information, contact Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

 

EPA Budget

EPA Cuts SRF in Proposed 2003 Budget
The U.S. Environmental Protection Agency (EPA) sent a $7.6 billion proposed budget for fiscal year (FY) 2003 to Congress in early February. The Administration is asking lawmakers to approve $1.212 billion for the Clean Water State Revolving Loan Fund (CWSRF), a decrease of $138 million from FY 2002, and $850 million for the Drinking Water State Revolving Loan Fund (DWSRF), the same amount enacted by Congress last year. EPA's proposed budget also requests $124 million in new funding, out of a total EPA investment of $133.4 million, in homeland security. These investments include: $13.2 million to continue operation of the West Coast Environmental Response Team and enhance emergency response capabilities; $5 million in grants to states to enhance homeland security coordination; $16.9 million to conduct drinking water system vulnerability assessments on small to mid-sized systems; $19 million to maintain security contracts and continue upgrades at EPA facilities as initiated by the Emergency Supplemental Appropriation Act; $75 million to conduct research on better technologies and assessments to clean up buildings contaminated and biological and chemical agents; $3.8 million for special agents to provide environmental crimes expertise; and $0.5 million to enhance outreach on the Agency's Homeland Security efforts to the public.

Reaction was immediate to the proposed levels of funding for the SRFs as Congressional supporters and the Water Infrastructure Network (WIN) called on appropriators to increase the funding levels for both SRFs to help ease the backlog of the nation's water infrastructure projects. When asked at AMSA's 2002 Winter Conference why the budget failed to allocate security money for wastewater treatment facilities, EPA staff responded that deliberations are on-going over the use of the money and that some funding for wastewater could be anticipated. For further information, contact Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

EPA Schedules Two Day Workshop on Wastewater Funding Issues
Last year, the Committee on Appropriations, in House Report 107-159, mandated that the EPA form a working group to review a broad spectrum of wastewater issues. In response to that language, EPA is holding a public workshop on March 14-15 in Washington, DC to discuss how water quality funding programs can be managed and enhanced to achieve the greatest environmental benefit. Entitled Paying for Water Quality: Managing Funding Programs to Achieve the Greatest Environmental Benefit, the workshop will focus on current EPA and state policy regarding use of the CWSRF as well as other funding programs. EPA has invited representatives from the State/EPA SRF Work Group (a sub-group of EPA's Environmental Finance Advisory Board), the Environmental Council of States, EPA Environmental Finance Centers, and centralized and decentralized wastewater and nonpoint-source stakeholder groups. Among other issues that will be reviewed at the workshop will be aging wastewater treatment plants, leaking sewer collection systems, wet weather flows, total maximum daily load (TMDL) requirements, septic system projects, and wastewater user fees. AMSA will attend and participate in the workshop. EPA has been directed to prepare and submit to the House and Senate Committees on Appropriations by July 15, 2002 a report addressing all of the identified wastewater issues. For further information, contact Lee Garrigan at 202/833-4655 or lgarrigan@amsa-cleanwater.org.

 

Farm Bill

Farm Bill Heads to Conference After Senate Passage
The Senate passed its version of the Farm Bill (S. 1731) on February 13 by a vote of 58 to 40. The bill provides $4.4 billion annually over 5 years in conservation spending, and establishes nutrient pilot programs for nonpoint source controls within impaired watersheds. The Senate's vote sets up a House-Senate conference committee debate, to begin possibly in early March, which is expected to focus heavily on conservation spending. The House version of the Farm Bill (H.R. 2646), which was narrowly passed in October 2001, contains $1 billion less per year in conservation funding than S. 1731. AMSA will work with other municipal organizations to support the elevated conservation funding levels and nutrient pilot program in the Senate bill. For further information, contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.