AMSA Legislative Update January 2002

The National Office is pleased to provide you with this issue of the Legislative Update, which is current through January 22, 2002. The Update provides a summary of activities in the 107th Congress 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 legislation that affects the wastewater community 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.

Congress Returns for Second Session
The first session of the 107th Congress was adjourned December 20, 2001 after Members of Congress completed work on remaining fiscal year 2002 appropriations bills and passed a $20 billion supplemental appropriations package. Lawmakers will be back in the Capitol January 23 to begin the second and final session of the 107th Congress. Budget priorities of both the President and the Congress are focused on the war on terrorism and include spending for defense, homeland security, economic growth and job creation. President George W. Bush has called on the democrat-controlled Senate to act on the economic stimulus bill passed by the House in December. Congressional leaders may be hesitant, however, to add to the deficit in an election year, especially if economic indicators continue to point to a modest recovery. The President's budget priorities and the country's economic condition both will be addressed when Bush delivers his State of the Union speech on January 29. A week later, on February 4, the President presents Congress the details of his budget for fiscal year 2003. Early reports are that federal agencies have been asked to cut their budgets by five percent across the board. The funds then will be used to fund security programs. AMSA will publish the proposed 2003 funding levels for EPA programs in next month's February Legislative Update.

Funding and Security

Water Infrastructure Funding Bills Nearly Ready
AMSA members and staff are engaged in a continuous dialogue with staff of the Senate Environment and Public Works Committee (EPW) as that chamber takes the lead in writing new water infrastructure funding legislation. AMSA member utility executives flew to Washington, DC on January 3 to participate in a Water and Wastewater Utility Executives Meeting on Capitol Hill, giving Committee staff a chance to speak with the utilities that will be directly affected by a new water infrastructure financing program. As a result of the recent meetings, WIN sent letters to EPW Senators reiterating the legislative principles that WIN could support in future legislation. The EPW Committee's schedule is to introduce a bi-partisan bill the last week in January, hold hearings in February, and take a bill to the floor as early as March.

AMSA hosted House Transportation and Infrastructure (T&I) Committee staff at a WIN meeting in late December. At the meeting, T&I staff reported that work on emergency legislation in response to September 11 had strained the Committee's resources and that preparation of a funding bill would be delayed by at least a month. Earlier in December, members of AMSA's Board of Directors met with House staff at the AMSA Leadership meeting in Washington, DC, providing staff with valuable information on the infrastructure needs of America's communities.

While continuing to work with the T&I Committee, AMSA and WIN are discussing with Representatives Sue Kelly (R-NY) and Ellen Tauscher (D-CA) an amendment to their SRF bill - the Clean Water Infrastructure Financing Act of 2000 (H.R. 668). If successful, an expanded Kelly-Tauscher bill could serve as a basic vehicle for discussion while the leadership of the T&I Committee completes work on a more comprehensive measure. Both Rep. Kelly and Rep.Tauscher are members of the House Water Infrastructure Caucus. AMSA will continue to encourage the leadership of the T&I Committee to introduce a funding bill as early as possible.

House Passes Water Security Research Bill
On December 19 the House passed a bill authorizing EPA to provide $60 million in research grants for water and wastewater infrastructure security. The bill, H.R. 3178, authored by Science Committee Chairman Sherwood Boehlert (R-NY) and Representative Brian Baird (D-WA), was changed slightly to reconcile differences with a similar bill introduced by Energy and Commerce Committee Chairman Billy Tauzin (R-LA) and passed by the House a week earlier. AMSA worked with Boehlert and other stakeholder groups to gather support for the bill at a hearing, mark-up and press conference.

A companion bill in the Senate, S. 1593, introduced by Senate Environment and Public Works Committee Chairman James Jeffords (I-VT) and Ranking Member Robert Smith (R-NH), has been placed on the Senate Legislative Calendar. Both the House and the Senate bills would authorize $12 million per year for the U.S. Environmental Protection Agency (EPA) to provide research grants focusing on how to prevent, detect, or respond to physical and cyber threats to our nation's water supply infrastructure. The Jeffords bill would authorize six years of funding as compared to Boehlert's five years, and would also include $20 million (for 2002 and 2003) to help rural communities meet a 10 part-per-billion (ppb) arsenic standard. It is possible that the S. 1593 may be conferenced with H.R. 3448, an anti-terrorism bill. To locate the Boehlert and Jeffords bills, use the Bill Tracker on AMSA's web site.

Water Security Grants Bill Passes Senate
The Senate passed on December 20 a bill to establish a program to provide grants to drinking water and wastewater facilities to meet immediate security needs. S. 1608, also cosponsored by Senators Smith and Jeffords, would provide funds for projects such as security staffing, fencing, training, and other security-related activities. The bill authorizes $50 million for one year. This bill may be combined with S. 1593 (the research bill) or with other anti-terrorism legislation. AMSA will continue to support passage of all wastewater security-related funding bills. Look for S. 1608 in the Bill Tracker on AMSA's web site.

VA-HUD Bill Mandates Review of Wastewater Issues
When House and Senate conference committee members met late last year to reconcile differences in the VA, HUD, & Independent Agencies appropriations bill, they retained language that mandates the EPA to form a working group to review a broad spectrum of wastewater issues. The language urges EPA to include as members of the group 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. Issues that will be reviewed include aging wastewater treatment plants, leaking sewer collection systems, wet weather flows, TMDL requirements, septic system projects, wastewater user fees and more. AMSA's Legislative Policy Committee will discuss the issues at the AMSA Winter Conference. EPA is expected to hold a 'listening session' on the issue, which AMSA will participate in. The Workgroup must prepare and submit to the House and Senate Committees on Appropriations by July 15, 2002 a report addressing all of the issues.

CWA Anniversary Bill Passes Senate
One of the final actions taken by the Senate last session was to pass a Concurrent Resolution regarding the 30th anniversary of the enactment of the Federal Water Pollution Control Act or, as it is known today, the Clean Water Act (CWA). S. Con. Res. 80, sponsored by Senators Kit Bond (R-MO), Harry Reid (D-NV), George Voinovich (R-OH), James Jeffords (I-VT), and Michael Crapo (R-ID) was agreed to in the Senate and has been referred to the House Committee on Transportation and Infrastructure. Science Committee Chairman Sherwood Boehlert (R-NY) introduced a similar measure (H. CON. RES. 255) last year in the House. Cosponsoring the one-page resolution are the chair and ranking members of the Water Resources and Environment Subcommittee, Reps. John J. Duncan (R-TN) and Peter DeFazio (D-OR), as well as Rep. James Oberstar (D-MN), ranking member of the Transportation and Infrastructure (T&I) Committee, and Robert Borski (D-PA). The House is expected to agree to the resolution early this year. To read the resolutions, use the Bill Tracker on AMSA's web site and search for S. Con Res. 80 and H. Con. Res. 255.

Farm Bill

Farm Bill Passage Remains a Senate Priority in 2002
After nearly three weeks of debate on the reauthorization of the Farm Bill, the Senate ended the session in a stalemate on this issue. The Agriculture Committee Chairman Tom Harkin (D-IA) has vowed to push Farm Bill legislation through the Senate Floor in early 2002. Following the House of Representatives' narrow approval of Farm Bill reauthorization legislation (H.R. 2656) on October 4, the Senate Agriculture Committee voted in mid-November to approve its own 5-year reauthorization bill. Leading up to the House debate, AMSA had actively supported an alternative Farm Bill amendment which would have substantially increased funding for conservation and nonpoint source controls, but the amendment was voted down by a majority of 26 votes. The Senate Committee's lead bill (S. 1731), which AMSA supports, would provide $4.4 billion annually in conservation spending, and would establish pilot programs for nonpoint source controls within impaired watersheds. AMSA is planning to work with other municipal organizations to support this bill during the resumed Senate debate and expected House-Senate conference sessions. For further information, contact Greg Schaner at 202/296-9836 or gschaner@amsa-cleanwater.org.