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AMSA Legislative Update March 2004

Member Pipeline - Legislative - March 2004 Update

To: Members, Affiliates, Legislative Policy Committee,
Legal Affairs Committee, Wastewater Infrastructure Funding Task Force
From: National Office
Date: April 2, 2004

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This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through March 31, 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.

Budget and Appropriations

The Bush Administration’s proposed 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 was the subject of several debates on Capitol Hill during March. 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 Administrator Mike Leavitt defended EPA’s budget before congressional committees and the House and Senate took action as they passed their budget resolutions for next year. EPA’s FY 2005 budget proposal is available on the agency’s website at http://www.epa.gov/adminweb/budget-goals.htm.

Raise Rates – Leavitt Tells Congress
Environmental Protection Agency (EPA) Administrator Mike Leavitt in testimony on the agency’s fiscal year (FY) 2005 budget told members of the Senate Environment and Public Works (EPW) Committee that the funding gap for wastewater and water infrastructure should be solved by charging ratepayers higher fees. “I believe ultimately, the cost should be borne by ratepayers, not taxpayers, and I think most
on the committee would agree,” Leavitt told the panel during a defense of President Bush’s proposed FY 2005 budget for EPA. Lawmakers, however, expressed disappointment with EPA’s proposed budget and cited the growing financial needs of cities that must comply with new rules and regulations. Leavitt told Senators he believes he can reduce the funding gap through improved water quality monitoring and a new water conservation plan for plumbing and appliances. Administrator Leavitt’s testimony is posted on the EPW Committee’s website at: http://epw.senate.gov/hearing_statements.cfm?id=218993

Senators Add Billions to SRFs in Budget Resolution
The Senate for the second consecutive year accepted by voice vote an amendment from Senator Mike Crapo (R-ID) to provide $5.2 billion in budget authority for the clean water and drinking water state revolving loan funds (SRFs) in fiscal year (FY) 2005. Co-sponsors of the amendment (SA 2784) to the Senate budget resolution (S.Con.Res. 95) included Paul Sarbanes (D-MD), James Jeffords (I-VT), Susan Collins (R-ME), Harry Reid (D-NV), John Kerry (D-MA), Barbara Mikulski (D-MD), Hillary Clinton (D-NY), Pete Domenici (R-NM) and George Voinovich (R-OH). The amendment sets the stage for appropriators to fund the clean water SRF at $3.2 billion and the drinking water SRF at $2 billion in the U.S. Environmental Protection Agency’s (EPA) FY 2005 budget.

AMSA advocated support for the increase in a letter to the full Senate signed by a diverse group of environmental, municipal, state and local organizations in support of the increased funding. The House budget resolution (H.Con.Res. 393) does not include the additional funds for the SRFs. A small number of lawmakers from both chambers are now meeting to develop a final budget agreement. AMSA joined other organizations on a letter of support to House conferees urging them to accept the Senate-approved funding levels. Like last year, homeland security and military spending priorities and the current budget deficit are expected to significantly diminish the chances of the increased funding remaining in a final budget resolution. The letters of support for increased SRF funding are posted in the Member Pipeline section of the AMSA website (http://www.amsa-cleanwater.org/private/leg_outreach.cfm).

National Biosolids Partnership Seeks AMSA Member Support
Following approval of a fiscal year (FY) 2005 budget resolution, the House and Senate Appropriations Subcommittees on VA-HUD-Independent Agencies are expected to begin work this month on their fiscal year (FY) 2005 budgets for the U.S. Environmental Protection Agency (EPA) 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 Los Angeles, Calif. This letter was sent to the chairs and ranking members of the House and Senate appropriations committees and subcommittees and is posted on AMSA’s website in the Legislative Correspondence and Outreach section. At http://www.amsa-cleanwater.org/private/leg_outreach.cfm.

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 Member to request that $1 million for the NBP be included in EPA’s budget for FY 2005. A copy of the memorandum to AMSA members can be found on the AMSA web site at http://www.amsa-cleanwater.org/private/leg_outreach.cfm. Members should click on the March 11 correspondence “Selected AMSA Members asked to Contact Congressional Appropriators on NBP Funding.” A sample letter that AMSA members can personalize and send to their Representative or Senator is available from Write Congress Now, which is located on the home page of AMSA’s website at www.amsa-cleanwater.org.

Clean Water Funding

House to Consider Stormwater Amendment to Highway Bill
The House began debate March 31 on a transportation bill (H.R. 3550) to authorize $283 billion in spending on highway and transit projects. The chamber hopes to finish work on the bill in early April. Among the amendments submitted to the Rules Committee for permission to be considered is by Rep. Wayne Gilchrest (R-MD) to dedicate two percent of surface transportation fund to help states construct stormwater runoff mitigation projects in relation to road construction. The amendment is expected to be identical to one that passed the in the Senate earlier this year.

The Senate completed work on the Safe, Affordable, Flexible and Efficient Transportation Equity Act of 2003 (SAFETEA) (S. 1072) in March, retaining the AMSA-supported amendment sponsored by Senators John Warner (R-VA) and Lincoln Chafee (R-RI) which would set-aside 2 percent – approximately $958 million over six years – for states to mitigate stormwater runoff from highways. The amendment to the $275 billion highway construction and repair package received bipartisan support and would provide funds for projects such as stormwater retrofits, the recharge of groundwater, natural filters, stream restoration, minimization of stream bank erosion, and innovative technologies. AMSA sent several letters to EPW Senators urging their support for the amendment (http://www.amsa-cleanwater.org/advocacy/releases/2003-11-11-03cornyn.pdf).