Member Pipeline - Legislative - February 2004 Update
| To: | Members, Affiliates,
Legislative Policy Committee, Legal Affairs Committee, Wastewater Infrastructure Funding Task Force |
| From: | National Office |
| Date: | March 1, 2004 |
Printer friendly versionThis edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through February 27, 2004, provides an overview of bills and initiatives 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 Meets with Congressional Staff on EPA Blending Policy
Earlier this year, the Congressional Coastal Caucus (CCC) recruited 64 members
of the House on a January 12, 2004, letter (http://www.amsa-cleanwater.org/private/leg_outreach.cfm)
to Environmental Protection Agency (EPA) Administrator Mike Leavitt opposing
EPA’s proposed guidance on blending. AMSA’s congressional educational effort
began immediately following release of the EPA guidance with a December 18, 2003
letter to all members of the House and Senate 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.
AMSA doubled its efforts to alert Congress to the issue by re-sending in early January its letter and fact sheet to Members of 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, including visits to the offices of House Speaker Dennis Hastert (R-IL), House Appropriations Committee Chair C.W. Bill Young (R-FL), and with members from the California, New York, New Jersey, North Carolina, South Carolina, Tennessee, Iowa, Nevada and Rhode Island delegations.
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 (http://www.amsa-cleanwater.org/private/legreg/outreach/2004-01-14EPAletter.pdf)
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. 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
Congress Finally Passes FY 2004 EPA Budget
Late last month, Congress approved $1.35 billion for the clean water revolving
loan fund program (CWSRF) for fiscal year (FY) 2004, $850 million for the safe
drinking water revolving loan fund (DWSRF), $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. To review the funding levels
for EPA programs for FY 2004, please read the conference report, H. Rpt. 108-401
(http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm).
$1 Million Needed in FY 2005 for the National Biosolids Partnership
The House-Senate conference report (H. Rpt. 108-401) to the fiscal year 2004
omnibus appropriations bill (H.R. 2673), which was signed into law by President
Bush in late January, 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 again requesting $1 million to
continue the NBP EMS program. AMSA member POTWs were asked to sign a funding
request letter to Congress in early February at the AMSA Winter Conference in
Los Angeles, CA. Individual agencies that have Members of Congress on the House
and Senate appropriations subcommittee will soon be contacted by AMSA and asked
to make a special effort to contact their lawmakers. The letter to Congress with
AMSA member signatures and additional supporting materials will be posted on
AMSA’s website in the coming week.
EPA Cuts Clean Water Program in Proposed 2005 Budget
The Bush Administration has proposed a cut of nearly $500 million from the clean
water state revolving loan fund (CWSRF) program in the Environmental Protection
Agency’s (EPA) budget for fiscal year (FY) 2005. The Administration’s FY 2005
funding request for the drinking water revolving loan fund would remain constant
at $850 million. President Bush, like his predecessor President Clinton, also is
seeking to eliminate about 510 earmarks – worth about $350 million to lawmakers
– for water infrastructure projects approved in the FY 2004 omnibus bill.
Historically, lawmakers have fully restored funding for these projects. EPA’s FY
2005 budget proposal is available on the agency’s website at
http://www.epa.gov/adminweb/budget-goals.htm.
Lawmakers Criticize Proposed Cuts in EPA Budget
The House Transportation and Infrastructure Subcommittee on Water Resources and
Environment held a February 26 hearing to receive testimony on the
administration’s fiscal year (FY) 2005 budget priorities of several federal
agencies, including the U.S. Environmental Protection Agency (EPA). EPA Acting
Assistant Administrator for Water Benjamin H. Grumbles defended the proposed
budget and spent the majority of his testimony addressing EPA’s new efforts in
the areas of water quality monitoring and clean-up of the Great Lakes and
Chesapeake Bay Watersheds. Grumbles was nominated by President Bush March 3 to
be the EPA assistant administrator for water. He has been acting in that
position since early January after G. Tracy Mehan, the former assistant
administrator, stepped down.
Subcommittee Chair John J. Duncan, Jr. (R-TN), in opening remarks aimed at the water program cutback said, “I support the President in his efforts to cut federal spending, but I do not support cutting investments in America that have proven national economic benefits.”
Jerry Costello (D-NY), ranking member of the subcommittee, referred to the Water Infrastructure Network’s (WIN) estimates of a massive water infrastructure funding gap, noting the nation can ill-afford the nearly $500 million proposed budget cut to the clean water revolving loan fund program. EPA Administrator Mike Leavitt travels to Capitol Hill March 4 to defend the FY 2005 proposed budget before the House VA-HUD & Independent Agencies Appropriations Subcommittee.
At the February House hearing, AMSA made available a press release (http://www.amsa-cleanwater.org/advocacy/releases/022604.cfm) and the AMSA/Frank Luntz survey analysis (http://www.amsa-cleanwater.org/advocacy/releases/2004-02-09survey.pdf) which stressed the American public’s support for a national clean water trust fund. The day of the hearing, the Natural Resources Defense Council (NRDC) sent a memorandum (http://www.amsa-cleanwater.org/temp/2004-02-26nrdc.pdf) to Congress containing the data from AMSA’s Luntz survey analysis and calling for national clean water trust fund legislation to finance clean water improvements. AMSA, in conjunction with WIN, will be working to expand the nationwide coalition of supporters and will work to draft and introduce legislation this year to create a clean water trust fund.
Clean Water Funding
AMSA Sends POTW Member Comments to EPW Committee
Senate Environment and Public Works (EPW) Committee Chairman James Inhofe’s
(R-OK) staff began work in February on a water and wastewater infrastructure
funding bill to amend the Clean Water Act and Safe Drinking Water Act programs.
According to committee staff, the new bill will contain incentives instead of
mandates and could be introduced later this year. As in the House, Davis-Bacon
prevailing wage provisions pose a significant hurdle to the development of a
bipartisan 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 (http://www.amsa-cleanwater.org/private/legreg/legalrts/la03-3.cfm). Comments were compiled and forwarded in a January 30, 2004 letter (http://www.amsa-cleanwater.org/private/leg_outreach.cfm) to the EPW Committee chairs. AMSA’s Legislative Policy and Management and Operations Committees discussed the comments at AMSA’s Winter Conference in California in early February.
Water Infrastructure Network Tries to Move Bill to House Floor for Vote
Although the Water Quality Financing Act of 2003 (H.R. 1560) (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm)
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 could not
get a commitment from the House leadership to bring the bill to the floor with a
prevailing wage provision. In an effort to move the bill this year, Rep. Duncan
prepared a draft letter (http://www.amsa-cleanwater.org/private/leg_outreach.cfm)
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. To date, seven Representatives have signed the letter out of the 85 Republicans that are needed before Rep. Duncan will take the letter to the House Speaker. H.R. 1560 can be found on AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.
Wastewater Security
Senate Wastewater Security Funding Bill Awaits Action
AMSA continues to work 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). Chairman Inhofe tried
unsuccessfully last 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.
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.