AMSA Legislative Update January 2003

This edition of AMSA’s Legislative Update, current through January 17, 2003, provides an overview of the disposition of bills 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.

The fiscal year 2003 House and Senate VA, HUD & Independent Agencies appropriations bills left over from the 2nd session of the 107th Congress will remain listed on AMSA’s Bill Tracker for reference purposes while they are being considered in the early weeks of the 108th Congress. 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 bookmark the Bill Tracker, go to http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Clean Water Funding

Senate Environment Committee Adds New Members
The Republican takeover of the Senate has propelled Senator James Inhofe (R-OK) into the Chair of the Senate Environment and Public Works (EPW) Committee and increased by one the number of Republicans on the panel. Departures from the committee include former Sen. Bob Smith (R-NH), Sen. Arlen Specter (R-PA), and Sen. Pete Domenici (R-NM) who is the new chairman of the Energy and Natural Resources Committee. New members include Senators Craig Thomas (R-WY), Wayne Allard (R-CO), John Cornyn (R-TX), and Lisa Murkowski (R-AK), bringing to 10 the number of Republicans on EPW. Democrats will lose a seat on the Committee. The lowest ranking Democrat, Sen. Jon Corzine (D-NJ), is the most likely to be dismissed.

Sen. Inhofe, 67, is a former real estate developer and is a long-term advocate of applying cost-benefit standards and sound science to EPA’s rule-setting process. Inhofe’s policies and those of the new members are expected to result in a conservative agenda for the EPW in the 108th Congress.

Inhofe is embracing the opportunity to write a new surface transportation bill this year that will allocate billions of dollars in federal money to state highway and transit programs. Congress last acted on a highway bill, known as TEA-21, in 1998.

According to a recent statement by Inhofe, “As chairman, my goals will include strengthening our nation’s infrastructure, continuing strong environmental protections, and improving our national security”. In addition to the highway bill, Inhofe has listed the following broad priorities for action: strengthening the national infrastructure, reauthorization of the Water Resources Development Act (WRDA), water infrastructure, continuing strong environmental protection, Sen. Chafee’s Underground Storage Tank bill, Clean Air Act improvements - New Source Review, improving national security, nuclear security legislation, and a FEMA/First Responder Initiative.

In the EPW Subcommittees, Senator Michael Crapo (R-MT) will reclaim the top spot on the Subcommittee on Fisheries, Wildlife and Water. Senator Kit Bond (R-MO) landed the much sought-after chairmanship of the Transportation, Infrastructure and Nuclear Safety Subcommittee. Senator George Voinovich (R-OH) will become Chairman of the Clean Air, Wetlands and Climate Change Subcommittee. Senator Lincoln Chafee (R-RI) will lead the Superfund, Toxics, Risk and Waste Management panel.

House T & I Committee Getting Organized
With Republicans retaining their leadership of the House, fewer changes are in the works for the membership of the Transportation & Infrastructure (T&I) Committee. Rep. Don Young (R-AK) will continue to chair the Committee and Rep. James Oberstar (D-MN) remains the Ranking Member. Young announced that the committee will vote on Subcommittee assignments for all Republican and Democrat Members on January 29th. Rep. John Duncan (R-TN) is expected to resume his duties as chairman of the Water Resources and Environment Subcommittee, having lost his bid to become Chairman of the full House Resources Committee. On the other side of the aisle, Rep. Jerry Costello (D-IL), who last year was ranking member of the Economic Development, Public Buildings and Emergency Management Subcommittee, is rumored to be in line to replace Rep. Pete DeFazio (D-OR) as ranking member of the water panel. Costello was not a member of the Water Resources and Environment Subcommittee during the last Congress.

The T & I Committee has 75 Members and is the largest committee in Congress. There are 41 Republicans and 34 Democrats on the committee. New Republican Members appointed to T & I are: Reps. Peter Hoekstra (MI), Gary Miller (CA), Chris Chocola (IN), Bob Beauprez (CO), Michael Burgess (TX), Max Burns (GA), Steve Pearce (NM), Jim Gerlach (PA), Mario Diaz-Balart (FL) and Jon Porter (NV). The Democrats should appoint new members by the end of the month.

Outlook for Wastewater Infrastructure Funding Legislation
Last year in the Senate, the Water Investment Act of 2002 (S. 1961) was reported out of the EPW Committee along party lines but never made it to the floor for a vote. AMSA declined to support the bill due to the inclusion of numerous controversial new mandates. Other stakeholder groups voiced opposition to the prevailing wage provision and the funding formula for distribution of the funds to the states. In the House, the T&I Committee successfully passed the Water Quality Financing Act of 2002 (H.R. 3930) with one amendment that made SRF funds subject to prevailing wage rates (Davis-Bacon). The Davis-Bacon provision ultimately prevented the bill from reaching the House floor for a vote.

If new water infrastructure funding legislation is introduced this session in the House or the Senate, many of the same provisions that were controversial last year could resurface in the new bills. EPA Administrator Christine Whitman’s priorities – including asset management and greater private sector involvement – likely would be included. On the first day of the 108th Congress, Rep. Sue Kelly (R-NY) introduced the Clean Water Infrastructure Financing Act of 2003 (H.R. 20). The bill is similar to last year’s measure. It includes an authorization of $25 billion for the Clean Water State Revolving Fund over a five year period, Davis-Bacon Act wage provisions, and language on asset management. AMSA provided comments on the bill to Kelly in early January. A copy of H.R. 20 can be found on AMSA’s Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

AMSA will work to sustain momentum on the infrastructure funding issue to get a bill passed in the 108th Congress. Meantime, AMSA and other stakeholder groups will be seeking broader support for the issue through expanded grassroots efforts with businesses and ratepayers across the country. The AMSA Infrastructure Funding Task Force has approved, and AMSA has hired, a contractor to facilitate the development of a strategic plan that will guide AMSA’s efforts over the next two years. Plan components will likely include grassroots, communications, economic studies, education, and lobbying. The Task Force met in late November by teleconference call and will meet to review a draft of the strategic plan in Santa Fe, NM in conjunction with AMSA’s 2003 Winter Conference.

Water and Wastewater Security

Wastewater Security Bills Anticipated
Last year, the House approved the Wastewater Treatment Works Security Act of 2002 (H.R. 5169), an AMSA-supported bill that would help wastewater treatment agencies defray the cost of new security measures. AMSA is working with staff of the T&I Committee to get a similar bill re-introduced this year. H.R. 5169 authorized $200 million for POTWs to conduct vulnerability assessments and to pay for enhanced security at their facilities. An additional $15 million was authorized to provide technical assistance to small POTWs. The bill also authorized $1 million for each of the fiscal years 2003 through 2007 for EPA to make grants to a nonprofit organization for the improvement of vulnerability self-assessment methodologies and tools for POTWs. That provision could have potentially funded an upgrade of AMSA’s Vulnerability Self Assessment Tool (VSAT™) software over the coming years.

After passage in the House, H.R. 5169 was accepted by the Senate and referred to the EPW Committee, but never taken up. In the meantime, former Senate EPW Chairman Jeffords introduced a different version of a wastewater security bill, the Wastewater Treatment Works Security and Safety Act (S. 3037).

The Jeffords bill has now been resurrected by fifteen Senate Democrats and included as Title V of the Comprehensive Homeland Security Act of 2003 (S. 6). Like the Jeffords bill, the Wastewater Treatment Works Security and Safety Act (Title V) authorizes $125 million for FY 2003 to perform vulnerability assessments, prepare emergency response plans, and implement basic security enhancements; $20 million for fiscal years 2003 and 2004 to address immediate and urgent security needs as determined by the EPA Administrator; $15 million for FY 2003 for treatment works that serve a population of under 10,000 people; and $15 million annually for fiscal years 2003-2007 for EPA research on the vulnerabilities of wastewater treatment works to intentional acts. The final authorization is for $500,000 for each of fiscal years 2003 through 2007 for non-profit organizations to improve vulnerability self-assessment tools for POTWs. Title V requires wastewater treatment agencies to submit both vulnerability assessments and emergency response plans to EPA, a requirement that is vigorously opposed by AMSA.

AMSA will continue to press Congress to pass and fund balanced wastewater infrastructure security legislation in the 108th Congress that is similar in scope and impact as H.R. 5169. A copy of S. 6 and H.R. 5169 is available for printing or downloading on AMSA’s Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Chemical Security Included in S. 6
Proposed legislation that would affect approximately 15,000 industrial plants that manufacture, store or use toxic chemicals and that are subject to Clean Air Act (CAA) Section 112(r) risk management planning has been resurrected by Senate Democrats and included as Title XI of the Comprehensive Homeland Security Act of 2003 (S. 6). AMSA estimated last year that approximately 30 percent of member agencies would be subjected to the requirements of the bill. Although the Senate EPW Committee last year unanimously approved the Chemical Security Act of 2002 (S. 1602), concern was voiced that EPA lacked the resources to review 15,000 plans. Republican EPW Chairman James Inhofe (OK) and the White House have called for chemical security legislation that takes a “more reasonable approach” to securing chemicals at various facilities.

Budget and Appropriations

Action Awaits 2003 Appropriations Bills
Lawmakers returned to Washington, DC January 7 to get sworn into office and officially kick-off the 108th Congress. It was a three-day affair for House members who turned around and went home until the end of the month. The Senate, however, stayed in session in an effort to agree to new funding levels for the 11 remaining fiscal year 2003 appropriations bills and move an omnibus funding bill to a floor vote. Under the new allocations, the House must cut $640 million and the Senate $1.1 billion from their respective VA, HUD & Independent Agencies appropriations bills. Senate progress has been slowed, however, over new committee operating budgets. Now back in power, the GOP is proposing to slash the amount of money set aside for minority Democrats on the committees. Since Committee appointments cannot be made until an organizational resolution is agreed to by the Senators, work on the FY 2003 bills could be delayed until February. Senators recessed on January 17 to go home for the Martin Luther King holiday. Both chambers return on the 27th to receive the President’s budget for the next fiscal year. If FY 2003 appropriations bills are not passed until early February, House and Senate leaders will have less than 20 days to pass a budget resolution that will enable the appropriations committee chairmen to move fiscal year 2004 bills in a timely manner.

AMSA Funding Requests, EPA Budget in Limbo
EPA is one of many federal agencies currently operating under a Continuing Resolution at FY 2002 funding levels. When Congress failed to pass the annual appropriations bills last year, the individual programs and projects that were added by Members to the legislation as earmarks were not funded. Currently at risk is AMSA’s $1 million request to fund the National Biosolids Partnership program, which was passed as part of the House VA-HUD & Independent Agencies Appropriations Subcommittee, but was not included in the Senate’s bill. Also in question are hundreds of projects tacked on to the appropriations legislation by individual lawmakers. In the Senate bill, Senators had added $140 million to the EPA budget for 150 special needs infrastructure grants.

Environmental Protection

EPA Cabinet Bill Back on Track
Rep. Sherwood Boehlert (R-NY) has reintroduced legislation that would elevate the U.S. Environmental Protection Agency (EPA) to a cabinet-level department. The bill, H.R. 37, is identical to the one Boehlert introduced in July 2001 and would redesignate EPA as the Department of Environmental Protection. The action is supported by the Bush administration and has been referred to the Committee on Government Reform for action. To read a copy of the legislation, go to AMSA’s Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.