AMSA Legislative Update February 2005

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through March 9, 2005, provides information on the activities of the 109th Congress including anticipated legislative action of interest to the nation’s publicly owned treatment works (POTWs). 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

House Bill Would Outlaw Blending by Stopping EPA Guidance
Reps. Bart Stupak (D-MI), Mark Kirk (R-IL), Frank Pallone, Jr. (D-NJ), E. Clay Shaw, Jr. (R-FL) and 34 cosponsors introduced on March 3, the Save Our Waters From Sewage Act (H.R. 1126) that seeks to ban blending except in extreme circumstances. The sponsors of the bill introduced the legislation at a news conference along with several environmental activists. Once published, the text of the bill will be posted under Environmental Protection on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm).

135 House Members Tell EPA to Dump Blending Guidance
Reps. Bart Stupak (D-MI), E. Clay Shaw, Jr. (R-FL) and Frank Pallone, Jr. (R-NJ) released a February 22 bipartisan letter to U.S. Environmental Protection Agency (EPA) Administrator-nominee Stephen Johnson in opposition to EPA’s proposed policy guidance on blending (http://www.amsa-cleanwater.org/private/leg_outreach.cfm). The letter was signed by 135 members of the House.

A similar letter organized last year received the support of nearly 50 Representatives. The congressmen also sponsored a congressional briefing that included the Natural Resources Defense Council (NRDC), several shell fishing associations and a professor of public health from Tufts University who provided the anti-blending perspective.

AMSA Sponsors Congressional Briefing on EPA’s Blending Guidance
AMSA has scheduled a joint March 16 blending briefing for Capitol Hill staff in conjunction with the Water Environment Research Foundation (WERF) and the Water Environment Federation (WEF). Several AMSA member utility representatives will participate in the briefing. Advance notice of the briefing is included in an AMSA letter to all Members of Congress that transmits the March 7, Technical Review of the Katonak-Rose Report (http://www.amsa-cleanwater.org/advocacy/co/2005-03-08CongBlltrep.pdf) by Adrienne Nemura, P.E. The November 2003 Katonak-Rose Report on Public Health Risks Associated with Wastewater Blending has been widely used by the Natural Resources Defense Council (NRDC) to oppose EPA’s proposed blending policy. All members of Congress have been invited to attend the briefing.

AMSA also expects to participate in an upcoming hearing on blending expected to be convened in April by the House Water Resources and Environment Subcommittee.

Earlier this year, AMSA re-energized a broad coalition of national, regional and state organizations that jointly sent a January 21, 2005 letter (http://www.amsa-cleanwater.org/private/reg_outreach.cfm) to EPA in support of the Agency’s November 7, 2003 blending policy. That letter also was distributed to Members of Congress and their environmental staff. AMSA also updated and sent a “Fact-Fiction” one-pager (http://www.amsa-cleanwater.org/advocacy/co/2005-01-21Blendfandf.pdf) to all Members of Congress as part of the Association’s ongoing effort to set the record straight on the blending issue.

Democratic Senators Seek to Halt EPA Guidance on Blending
Ranking Member of the Senate Environment and Public Works Committee, James Jeffords (I-VT), went on record late last year when he gathered the signatures of 15 Senate Democrats on a December 20, 2004 letter to then-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 EPA is ignoring the public health ramifications of blending and calls on EPA 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.

Budget and Appropriations

Proposed Clean Water SRF Cuts Criticized in House Hearing
The House Transportation & Infrastructure Subcommittee on Water Resources and Environment held a February 16 hearing on EPA’s fiscal year (FY) 2006 budget, which the Bush Administration has proposed to cut by $500 million (from $8.1 billion to $7.6 billion). Testifying before the Subcommittee was EPA’s Assistant Administrator for Water, Benjamin Grumbles, who defended the Administration’s proposed funding cut of $361 million for the Clean Water State Revolving Fund (CWSRF) in FY ’06 (from $1.09 billion to $730 million). Grumbles stated that the widely accepted funding gap for wastewater infrastructure of $21 billion per year could be virtually eliminated through water conservation, asset management and rate increases. Grumbles’ testimony was met with sharp criticism by several members of the Subcommittee including Chairman John J. Duncan, Jr. (R-TN).

“The SRF program is one of the most cost-effective programs in government,” said Chairman Duncan, at the hearing. “For every dollar the Federal government invests, more than two dollars is made available for environmental improvements.

“However, studies by both EPA and the Congressional Budget Offices have confirmed that the gap between current levels of spending and the necessary level of investment in wastewater infrastructure is staggering and we need to double our efforts to close that gap.

“The consequences of failing to invest are severe. Without upgrades to wastewater treatment plants, not only will we fail to make progress in water quality, but as our population increases, we will lose the gains we have made over the past 30 years.

“No one wants to go back to the days when rivers caught on fire,” Duncan said.

AMSA sent out a press release (http://www.amsa-cleanwater.org/advocacy/releases/021605.cfm) the same day as the hearing urging Congress to fully fund the CWSRF in the short-term, and work toward a dedicated trust fund to guarantee clean and safe water for the long-term.

Senators Challenge Clean Water Program Cuts in Hearing and Letters
The Senate Environment and Public Works (EPW) Committee held a February 9 hearing on the U.S. Environmental Protection Agency’s (EPA) proposed budget for fiscal year (FY) 2006. Senators asked EPA Administrator-elect Stephen Johnson to defend the Administration’s proposal to cut the clean water state revolving fund (CWSRF) by one-third, from $1.09 billion in FY 2005 to $730 million in FY 2006. Johnson defended the cut by stating that the $730 million proposed budget for FY 2006 maintains the Bush administration’s commitment to providing a total of $6.8 billion in capitalization by 2011.

EPW chairman James Inhofe (R-OK) sent a letter March 7 to Senate Budget Committee chairman Judd Gregg (R-NH) and ranking member Kent Conrad (D-ND) requesting additional funding for both the Clean Water Act and Safe Drinking Water Act State Revolving Loan Funds (SRF) (http://epw.senate.gov/pressitem.cfm?id=232911&party=rep).

Senator Inhofe wrote, “This nation is truly on the verge of a crisis. Systems are aging and regulatory costs are increasing. The Congress simply must do its part to meet these rising costs. I would appreciate your support for these two important programs.”

In a separate effort, Lincoln Chafee (R-RI), chairman of the Senate Fisheries Wildlife and Water Subcommittee, EPW Committee chairman James Jeffords (I-VT), and Paul Sarbanes (D-MD) gathered the signatures of 42 senators on a March 3 letter to Sens. Gregg and Conrad asking for $1.35 billion for the clean water SRF and $850 million for the drinking water SRF (http://www.amsa-cleanwater.org/advocacy/co/2005-03-03DCltr.pdf).

In support of the Senate letters, AMSA coordinated a March 4 letter signed by 34 member organizations of the Water Infrastructure Network (WIN) to the leadership of the Senate budget Committee (http://www.amsa-cleanwater.org/advocacy/co/2005-03-04WINltr.pdf). AMSA will continue to work with members of Congress and the many interested parties to retain the historical levels of funding for the SRF programs.

AMSA, States, Environmentalists Band Together to Prevent Cuts to EPA SRF Programs
The House and Senate Budget Committees are scheduled to mark up their budget resolutions this week which will set funding allocations for agencies to be used by the appropriations subcommittee chairs. AMSA supported a minimum of $2.5 billion combined for the clean water and safe drinking water state revolving funds (SRFs) in a letter (http://www.amsa-cleanwater.org/advocacy/co/2005-03-08CWDWfdgltr.pdf) to the House Budget Committee leadership signed by a diverse group of municipal, state, environmental, and stakeholder organizations. The letter states that the $2.5 billion for the two SRFs is a step toward the creation of a long-term funding solution to address the wastewater and drinking water needs of local communities.

EPA Budget Moves to Appropriations Subcommittees on Interior
The House and Senate Appropriations Committees reorganized over the past several weeks and abolished the VA-HUD & Independent Agencies Subcommittee that had jurisdiction over the budgets of the U.S. Environmental Protection Agency (EPA) and the White House Council on Environmental Quality (CEQ). In the House, the two agencies were moved to the Appropriations Subcommittee on Interior, Environment and Related Agencies. The Subcommittee will hold a hearing on EPA’s budget on April 6. The following week, the Subcommittee will receive testimony from Members of Congress on April 13, where representatives will have an opportunity to voice their support for various programs and individual projects.

In the Senate, the budgets for EPA and CEQ were moved into the new Interior and Related Agencies panel which also will deal with the Interior Department, Bureau of Land Management and U.S. Geologic Survey. AMSA members can check to see if their Representatives or Senators are on these important subcommittees by going to the House and Senate Appropriations Committee websites. (http://appropriations.house.gov/index.cfm?FuseAction=AboutTheCommittee.MemberList&SubcommitteeId=10) (http://appropriations.senate.gov/subcommittees/interior/topics.cfm?code=interior)

National Biosolids Partnership Seeks AMSA Member Support
Following approval of a fiscal year (FY) 2006 budget resolution, the House and Senate Appropriations Subcommittees on Interior and Related Agencies will begin work on the U.S. Environmental Protection Agency (EPA) budget including AMSA’s request of $1 million to fund the activities of the National Biosolids Partnership (NBP) for next year. AMSA member POTWs were asked to sign a funding request letter to Congress in early February at the AMSA Winter Conference in San Antonio, Texas. This letter was sent to the chairs and ranking members of the House and Senate Appropriations Committees and Subcommittees (http://www.amsa-cleanwater.org/advocacy/co/2005-02-18NBPApp.pdf ). The Executive Directors of AMSA and the Water Environmental Federation (WEF) also sent a joint letter to the appropriations leadership (http://www.amsa-cleanwater.org/advocacy/co/2005-01-28AMSAWEFltr.pdf).

Individual agencies that have Members of Congress on the House and Senate appropriations subcommittees have been contacted by AMSA and asked to write a letter urging their Members to request that $1 million for the NBP be included in EPA’s budget for FY 2006. A copy of the Special Legislative Alert can be found on the AMSA web site (http://www.amsa-cleanwater.org/private/leg_outreach.cfm). A sample letter that AMSA members can personalize and send to their Representative or Senator also is available from Write Congress Now, which is located on the home page of AMSA’s website (www.amsa-cleanwater.org).

Clean Water Legislation

AMSA Trust Fund Bill Nears Completion
The AMSA Clean Water Funding Task Force met via conference call March 7 to gain consensus on several remaining proposed changes to the second draft of the clean water trust fund bill. AMSA also is addressing outstanding comments and requests submitted by major stakeholder organizations from the Water Infrastructure Network (WIN) and environmental community. The final draft of the trust fund bill will be distributed to AMSA members, WIN member organizations and other stakeholder groups in mid-March.

Representatives of AMSA's Task Force and Frank Luntz met March 3, with Representative John J. Duncan, Jr. (R-TN), Chairman of the House Water Resources & Environment Subcommittee, to review the results of the Luntz Research Companies and Penn, Schoen & Berland Associates, Inc. national survey on public support for clean and safe water. Chairman Duncan indicated that he would schedule a hearing in April to receive testimony on the funding issue and would like Luntz to testify on the survey findings.

The survey, which was conducted at the request of the AMSA Funding Task Force, found that 86% of the public would support federal legislation that would create a long-term, sustainable and reliable trust fund for clean and safe water infrastructure (http://www.amsa-cleanwater.org/private/reg_outreach.cfm). The survey results were widely distributed to Members of Congress and legislative staff.

AMSA-Supported Sewer Overflow Grant Bill Reintroduced
Rep. Dave Camp (R-MI) has reintroduced a bill (H.R. 624) that would extend until 2011, the $1.5 billion authorization for the sewer overflow grant program that was signed into law in 2001. The original authorization for appropriations for the grants from the EPA to municipalities expired in 2003 and was never funded. The bill, which has 23 co-sponsors, would provide $250 million for each of fiscal years 2006 through 2011 to help municipalities pay for construction projects that would reduce sewer overflows. It also calls for the creation of an allocation formula based on the needs of each state for combined sewer overflows and sanitary sewer overflows as identified in a survey. The new formula would be used beginning in 2007. The three-page bill can be found on AMSA’s Bill Tracker (http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm).

Last year, AMSA 2003 – 2004 Past President Paul Pinault, Executive Director of the Narragansett Bay Commission in Providence, Rhode Island, testified on behalf of AMSA at a hearing before the House Water Resources and Environment Subcommittee on Rep. Camp’s bill (http://www.amsa-cleanwater.org/advocacy/testimony/2004-07-08pptestimony.cfm).

Senate Committee Receives Report on Wastewater Security
In 2003, Congress considered AMSA-supported legislation that would have provided funds to assess the vulnerability of wastewater facilities, make physical security improvements, and conduct research. As a result, Chairman James Inhofe (R-OK) and Ranking Member James Jeffords (I-VT) of the Senate Committee on Environment and Public Works (EPW) asked the Government Accountability Office (GAO) to identify (1) the key security-related vulnerabilities affecting the nation’s wastewater systems, (2) specific activities the federal government should support to improve wastewater security, and (3) the criteria that should be used to determine how any federal funds are allocated among recipients to improve their security and the methods that should be used to distribute these funds. In early March, the EPW released the GAO report entitled Wastewater Facilities, Experts' Views on How Federal Funds Should be Spent to Improve Security (http://www.gao.gov/new.items/d05165.pdf).

“Congress has been asked by municipalities for assistance in meeting their wastewater security needs in this post 9-11 environment,” Senator Inhofe said. “As we continue to evaluate which sectors most need our assistance and how to spend our limited resources within those sectors, this report will provide valuable insights into where best to spend federal dollars.”

Senator Jeffords said, “This report highlights the vulnerability of our nation’s wastewater systems and recommends that we take action to protect them now. The potential damage and interruption to our wastewater treatment system is a significant risk to public health and safety.”

The report's findings benefited from the experience and expertise of AMSA members and staff who served on an expert panel. It is currently under review by the Association’s Security & Emergency Preparedness Committee. AMSA will continue to meeting with Senate and House staff on wastewater security issues to define the needs of wastewater utilities and determine how Congress can assist municipalities in securing their systems.