Legislative Update

The National Office is pleased to provide you with the July-August AMSA Legislative Update. This Update provides you with a summary of legislative events and activities current to August 13, 2001. A Bill Digest of legislation currently tracked by AMSA also is attached. If you have any questions or comments, please contact the National Office, 202/833-AMSA or info@amsa-cleanwater.org.

Stay informed between issues of AMSA’s Legislative Update by visiting our website at www.amsa-cleanwater.org. The Legislative pages of the website highlight AMSA issues, recent actions, and other valuable information.

In addition, we encourage you to meet with or arrange a plant tour for your Members of Congress while they are at home during the Congressional recess – August 4 through September 3. These meetings are perfect opportunities to discuss your local water infrastructure needs. See upcoming Legislative Alert 01-06 for more details, suggestions, and tools for making these appointments.

Work to Begin on House Water Infrastructure Bill
Rep. Jimmy Duncan (R-TN), Chair of the House Subcommittee on Water Resources and the Environment and Ranking Member Peter DeFazio (D-OR) have told AMSA and members of the Water Infrastructure Network (WIN) that it is time to start writing legislation to address the funding shortfall for wastewater and water infrastructure. In a series of recent meetings, Duncan, DeFazio and other House Members advised WIN on the challenges of passing and financing a new wastewater and drinking water infrastructure funding program. The Representatives were optimistic, however, that if all stakeholders worked together to resolve any controversial issues, a bipartisan bill would gain widespread support in the House. If bill writers can finish their work in the next 60 to 90 days, a bill could be introduced this year. The current Congressional calendar has targeted October 6 as Congress’ adjournment date, providing only 32 days for legislators to finish their business after the August recess. However, Rep. Duncan expects Congress to stay in session until Thanksgiving because it is a non-election year.

During WIN's meetings, the Representatives said they need the support of their voters back home if they hope to pass a major new water infrastructure funding bill. The Members advised WIN to mount a grassroots campaign to raise the level of public awareness on the needs of the nation's communities and to put water infrastructure on "the radar screen back home." In response to the Congressmen's advice, AMSA has taken the lead in coordinating a number of sample editorials and letters-to-the-editor that are being distributed to the membership via Legislative Alert 01-06. Similar efforts are under way by other members of the WIN coalition. AMSA members are strongly urged to meet with their Congressional delegations during the August recess, and to educate members of their hometown business and ratepayer communities on the importance of water infrastructure funding legislation.

SRF Appropriations Still Underfunded; New Wet Weather Grants Not Funded
Before Congress adjourned for its annual summer recess on August 3, both the House and Senate authorized spending bills for the Environmental Protection Agency (EPA) for fiscal year (FY) 2002. The House approved $1.2 billion for the Clean Water State Revolving Fund (CWSRF), $850 million for the Drinking Water State Revolving Fund (DWSRF), and an additional set-aside of $200 million for a "targeted grant program to address community wastewater, drinking water and ground water infrastructure concerns."

The Senate approved $1.35 billion for the CWSRF grants and $850 million for the DWSRF. Another $140 million was earmarked for special needs infrastructure grants that will fund 106 specific wastewater, water, storm water, and sewer upgrade projects nationwide.

AMSA went on record with letters and calls from member agencies urging full funding of the combined sewer overflow and sanitary sewer overflow grant program created by the Wet Weather Water Quality Act of 2000 (WWWQA). Although language in both the House and Senate bills acknowledges the financial challenges being faced by communities that have combined and sanitary sewer overflow problems – and the House conducted a lengthy debate on the matter led by Congressman James Barcia (D-MI) – both the House and Senate declined to fund the WWWQA. When Congress returns to work after Labor Day, House and Senate Appropriators will reconcile the bills in a Conference Committee.

NBP Funding Uncertain in FY 2002 EPA Budget
Funding for the National Biosolids Partnership (NBP) was not included in the Senate version of the appropriations bill for VA, HUD and Independent Agencies, which includes funding for EPA programs such as the NBP. The Congress, through EPA's budget, has funded the NBP at $1 million a year for the past three years. An additional three years of funding is necessary to implement the project nationwide – the NBP currently has a three-year grant agreement with the EPA for fiscal years 2001 through 2004. The program was funded at $1 million in the EPA Appropriations bill passed by the House on July 18, but not included in the final VA-HUD bill approved on the Senate floor on August 2.

AMSA has contacted those wastewater treatment agencies who are represented by Senators participating on the Conference Committee that will resolve the differences between the House and the Senate EPA spending bills. AMSA members are sending letters to these Senators urging them to request that the full $1 million for the NBP in the House Appropriations bill be retained in the final EPA budget. For more information on how you can help, contact AMSA's Lee Garrigan at lgarrigan@amsa-cleanwater.org or call (202) 833-4655.

New Chairman Includes Water Infrastructure on Priority List
In a July 17 press conference as the new Chairman of the Senate Environment & Public Works Committee (EPW), Senator Jim Jeffords (I-VT) included water infrastructure among his top legislative priorities. In a written statement, Jeffords said, "I will also focus on improving the water infrastructure of our nation. We plan to write and consider legislation to help rebuild and meet drinking and wastewater treatment needs." AMSA and the Water Infrastructure Network (WIN) urged the Senator to continue the work begun by his predecessor – Senator Bob Smith (R-NH) – and include passage of a wastewater funding bill in the 107^th Congress among his top agenda items. First, Jeffords will concentrate on clean air legislation to reduce emissions of sulfur dioxide, nitrogen oxides, mercury, and carbon dioxide. Jeffords also plans to address climate issues in a broader sense. Work on water infrastructure legislation is expected to follow his global climate initiatives.

AMSA soon will meet with the new committee staff appointed by Sen. Jeffords in addition to the key players who remain on the Committee. A bipartisan Senate bill is expected to be introduced next year, in the second session of the 107^th Congress.

Mayors Outline Needs at Senate Infrastructure Hearing
On July 23 the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure received testimony on the federal role in meeting infrastructure needs from the mayors of New Orleans, Atlanta, Las Vegas, Tulsa, and Washington, DC. Water infrastructure needs were discussed at length by both the mayors and members of the subcommittee. Atlanta Mayor Bill Campbell noted that even after investing $3.2 billion in wastewater system upgrades over the next 13 years, the City still may not achieve compliance with Clean Water Act mandates. Senator George Voinovich (R-OH) tasked the Mayors with developing recommendations on federal/local infrastructure partnerships, including evaluating the Water Infrastructure Network (WIN) recommendations. To review the hearing testimony, go to http://www.senate.gov/~epw/stm1_107.htm#07-23-01

AMSA Members Help Add New Co-Sponsors to Mercury Bill
AMSA scored two major victories earlier this summer as Sens. Kay Bailey Hutchison (R-TX) and Dianne Feinstein (D-CA) co-sponsored the S. 351, the Mercury Reduction and Disposal Act of 2001 (see bill tracking (attached) for additional information) after receipt of letters sent by AMSA member agencies. The bill, introduced by Sen. Susan Collins (R-ME) in February 2001 would amend the Solid Waste Disposal Act to limit the use of mercury fever thermometers and improve collection, recycling, and disposal of mercury and items containing mercury. The bill also calls for the establishment of an Interagency Task Force on Mercury as a key first step in formulating a national mercury reduction strategy. AMSA urges member agencies to write letters to their Senators to garner further support for the bill and to ensure that the voice of the POTW community is heard. AMSA’s support will be especially helpful as Sen. Collins prepares for a hearing on S. 351, expected this fall. An easy to customize template letter to send to your Senators on the mercury issue can be found in Legislative Alert 01-05 or on AMSA’s website at http://www.amsa-cleanwater.org/private/legreg/legalrts/la-01-5.cfm.

AMSA Eyes Farm Bill As Vehicle to Promote Nonpoint Controls, Impaired Waters Restoration
With the Clinton-era July 2000 TMDL rule currently under review by EPA, AMSA is increasing our efforts to support legislation that will promote the control of pollution from nonpoint sources. One such piece of legislation is the next reauthorization of the Farm Bill, which contains funding for a variety of conservation practices that address nonpoint source pollution. Last addressed in 1996, the Congress’ reauthorization of the Farm Bill this time may be for 10 years – making now the opportune time to increase the ties between monies farmers receive under the Farm Bill and their efforts to protect water quality. Congressman Larry Combest’s (R-TX) farm bill – the leading bill in the House – contains no conservation or water quality provisions. A groundswell of support is building behind an alternative bill, Congressmen Ron Kind (D-WI) and Wayne Gilchrest’s (R-MD) Working Lands Stewardship Act of 2001, H.R. 2375. The Kind-Gilchrest bill would set aside $2 billion in new funding to encourage farms, animal feeding operations, livestock managers, and others to implement nonpoint source controls, and to protect drinking water sources. AMSA will be sending a letter of support to Congressmen Kind and Gilchrest indicating that their bill properly emphasizes the conservation role the agricultural community can play, and importantly makes the link between rural water protection efforts and resulting urban water quality. AMSA also has begun meeting with other clean water stakeholders to coordinate advocacy efforts on the farm bill, to develop new farm bill provisions that would enhance the focus on impaired waters, and to explore other potential avenues to promote meaningful nonpoint source pollution controls. It is expected that the House will take the Farm Bill up immediately after the August recess, with the Senate following shortly thereafter.

Attachment:

• Bill Digest