AMSA Legislative May 2003 Update

This edition of the Association of Metropolitan Sewerage Agencies’ (AMSA) Legislative Update, current through June 3, 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.

AMSA members can track congressional action on individual bills 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 bookmark the Bill Tracker, go to http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Wastewater Security

House Wastewater Security Bill Clears House
The Wastewater Treatment Works Security Act of 2003 (H.R. 866) was passed by the U.S. House of Representatives May 7 by an overwhelming margin of 413 – 2. This is the second year that AMSA has been successful in securing House passage of legislation to fund security enhancements at wastewater treatment agencies. The bill would authorize $200 million for POTWs to conduct vulnerability assessments and to pay for enhanced security at their facilities. An additional $15 million would pay for technical assistance to small POTWs. Another $5 million would be made available to EPA to make grants to nonprofit organizations for the improvement of vulnerability self-assessment methodologies and tools for POTWs. That provision could potentially fund upgrades to and training on AMSA’s Vulnerability Self Assessment Tool (VSAT™) software over the coming years. Passage of the bill in the House will enhance chances of getting a similar bill passed through the Senate (see related story). A copy of H.R. 866 and the accompanying report can be viewed or downloaded on the Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Senate Panel Approves Wastewater Security Bill Similar to H.R. 866
The Wastewater Treatment Works Security Act of 2003 (S. 1039) won approval in the Senate Environment and Public Works (EPW) Committee May 15 by a vote of 13 – 6. The bill, introduced on May 12 by Chairman James Inhofe (R-OK), is nearly identical to H.R. 866, which cleared the House in early May. Committee approval of the bill came on the heels of extensive discussions between EPW senators and wastewater treatment agency executives outside of Washington, DC and between EPW Committee and AMSA staff on Capitol Hill.

Before S. 1039 was approved, ranking member Senator James Jeffords (I-VT) offered an amendment to eliminate the $150,000 cap that any single facility could receive. The amendment was rejected, but Jeffords did succeed in adding an additional $15 million to the bill for the U.S. Environmental Protection Agency to research new security technologies at wastewater treatment plants. Jeffords’ staff says the Senator soon will decide whether to offer additional amendments to S. 1039 if Chairman Inhofe is successful in moving the bill to the floor.

AMSA members and staff have launched an aggressive campaign to win support for a quick vote on the Senate floor for S. 1039 before Congress adjourns for the July 4 recess. An AMSA resolution that urges the Senate to pass S. 1039 was approved by the AMSA membership and signed by 54 AMSA members on May 19 at AMSA’s National Environmental Policy Forum. The resolution was delivered June 2 to the 100 members of the U.S. Senate. A copy of the resolution can be found in the Correspondence and Outreach section of the AMSA website at: http://www.amsa-cleanwater.org/private/legreg/outreach/06-02-03Sec_Resolution.pdf. To view or download a copy of S. 1039, go to AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Chemical Security Bill Introduced in Senate
Senate Environment and Public Works Committee (EPW) Chairman James Inhofe (R-OK) and Senator Zell Miller (D-GA) introduced the Chemical Facilities Security Act of 2003 (S. 994) on behalf of the Bush administration in early May. The bill requires vulnerability assessments by as many as 15,000 chemical facilities that currently are required to submit to the U.S. Environmental Protection Agency (EPA) Risk Management Plans (RMPs) under Section 112(r) of the Clean Air Act. Approximately 30 percent of AMSA member agencies would be subjected to the requirements of a chemical security bill.

Inhofe’s bill would require affected facilities to conduct vulnerability assessments and develop and implement site security plans. Chemical facilities would certify in writing to the Secretary of the Department of Homeland Security (DHS) that the owner or operator has complied with the requirements of the legislation. The Secretary of DHS would have the discretion to accept vulnerability assessments and plans prepared under other laws to satisfy the S. 994’s certification requirement. This could allow chemical facilities that previously completed and submitted assessments to other government agencies to receive an exemption from having to repeat the process under the new chemical security law. If the Senate passes the Wastewater Treatment Works Security Act of 2003 (S. 1039), AMSA members that complete vulnerability assessments under that bill would likely be able to submit the same assessment to DHS to satisfy the requirements of S. 994.

The bill was scheduled to be marked up in committee May 15 but was pulled from the business agenda to allow more time for negotiation with a competing proposal by Sen. Jon Corzine (D-NJ). Corzine’s proposed chemical security legislation from last year was reintroduced early this year by Senate Democrats and included as Title XI of the Comprehensive Homeland Security Act of 2003 (S. 6). It also was proposed separately as the Chemical Security Act of 2003 (S. 157). The Senate EPW Committee unanimously approved last year’s Corzine bill but the chemical industry strongly opposed a requirement to submit vulnerability assessments and response plans to EPA. Significantly, unlike the Corzine bill, the Inhofe proposal will not include a requirement for facilities to switch to inherently safer technologies, such as less toxic chemicals. According to the National Resources Defense Council, environmentalists oppose the Inhofe bill because facilities would not be required to substitute safer alternatives for toxic substances that could be released into the environment during an attack. In addition, while chemical plants would be required to perform vulnerability assessments, the Department of Homeland Security would not be required to review them.

In the House, Rep. Frank Pallone, Jr. (D-NJ), a senior member of the House Energy and Commerce Committee, introduced April 29 the Chemical Security Act of 2003 (H.R. 1861). The measure is companion legislation to Senator Corzine’s bill and requires EPA and DHS to work together to identify high priority chemical facilities. Once identified, facilities on the list would be required to conduct a vulnerability assessment and develop and implement a plan to improve security and use safer technologies within 18 months.

AMSA supports the approach taken by Senator Inhofe in S. 994 and opposes the requirements in the Corzine and Pallone bills. Copies of S. 994, S. 6, S. 157 and H.R. 1861 can be found on AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Clean Water Funding

AMSA Urges Action on Wastewater Funding Bill
A scheduled markup of the Water Quality Financing Act of 2003 (H.R. 1560) by House Transportation and Infrastructure (T&I) Committee Chairman Don Young (R-AK) and Water Resources and Environment Subcommittee Chairman John J. Duncan, Jr. (R-TN) was called off on May 15. At AMSA’s May National Environmental Policy Forum, committee staff indicated that Chairman Young did not want to mark up the measure until he had assurances from the House leadership that the bill would be moved to the floor for a final vote. At issue is a difference of opinion on the inclusion of Davis-Bacon prevailing wage provisions in the bill. Last year’s bill, H.R. 3930, was voted out of the T&I Committee with a Davis-Bacon amendment but never reached the House floor.

H.R. 1560 would, among other things: 1) authorize $20 billion over five years to capitalize the clean water state revolving funds, 2) authorize $1 billion over four years for sewer overflow control grants, 3) require states to use at least 15 percent of the state grants to provide assistance to communities with populations of less than 20,000, 4) require all loan applicants to certify to the state that they have analyzed the cost and effectiveness of alternative management and financing approaches, including rate structures, issuance of bonds, restructuring, regional alternatives, consolidation, and public-private partnerships, 5) develop and implement a fiscal sustainability plan that includes an inventory of critical assets, evaluation of the condition of assets, and a plan for maintaining and replacing assets, and 6) provide subsidization to disadvantaged communities through 30-year repayment periods, forgiveness of loan principal, and negative interest loans.

At the May National Environmental Policy Forum, 52 AMSA members signed a resolution urging Congress to pass both H.R. 1560 and similar Senate legislation. A House Committee staffer says the broad support that is demonstrated by the AMSA resolution will help Reps. Young and Duncan gain support for H.R. 1560. The resolution will be delivered to members of the T&I Committee and the House leadership. AMSA’s funding resolution is posted in the Correspondence and Outreach section on the AMSA web site at: http://www.amsa-cleanwater.org/private/legreg/outreach/2003-05h2ofunding.pdf. H.R. 1560 can be found on AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

AMSA Supports Goal of 218 Co-sponsors for Kelly-Tauscher Bill
Support for the Clean Water Infrastructure Financing Act of 2003 (H.R. 20) by Reps. Sue Kelly (R-NY) and Ellen Tauscher (D-CA) now totals 136 House Members. The bill includes an authorization of $25 billion for the clean water state revolving fund (CWSRF) over a five-year period, Davis-Bacon Act wage provisions, and language on asset management. By obtaining 218 co-sponsors, Reps. Kelly and Tauscher could demonstrate to Transportation and Infrastructure Committee Chairman Don Young (R-AK) and Water Resources Subcommittee Chairman John J. Duncan, Jr. (R-TN) that H.R. 20 has the needed support to be marked up with the Chairmen’s bill, H.R. 1560. The final legislative vehicle would then have enough votes to pass on the House floor. AMSA is working closely with Rep. Kelly to encourage her efforts to obtain over 218 bipartisan cosponsors on the bill. Look for H.R. 20 on AMSA’s Bill Tracker at http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Chances Diminish for Bipartisan Senate Bill
Majority and minority staff of the Senate Environment and Public Works Committee (EPW) appear to be gearing up to write separate bills to amend the Clean Water Act’s state revolving fund program. Although EPW Chairman James Inhofe (R-OK) would prefer to work in a bipartisan manner to introduce new wastewater infrastructure funding legislation in the 108th Congress, his legislative goals appear to differ significantly from those of EPW Ranking Member James Jeffords (I-VT). Work on a new bill however could be slow until Sen. Inhofe addresses the reauthorization of federal highway, transit, safety, research and motor carrier programs for the next six years. Inhofe recently introduced and began hearings on the Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2003 (S. 1072).

Of interest to AMSA members is a preliminary proposal recently advanced by supporters of the Chesapeake Bay, with the support of Maryland Senator Charles Sarbanes (D), to add up to $16 billion over six years to S. 1072 to address stormwater problems that are linked to federal highways. According to the Washington Post (5/10/03), the money could be used by states to plant meadows in highway medians, rebuild aging storm water drainage systems, restore stream beds and redesign roads so they no longer channel pollution into waterways. AMSA staff continues to meet with EPW Committee staff to advocate for both short-term and long-term funding legislation and will closely follow the stormwater initiative as the highway bill moves forward. Because AMSA members have expressed an interest in reviewing the new highway trust fund bill, S. 1072 has been posted on the AMSA Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

AMSA Supports Extension of Wet Weather Law
U.S. Rep. Dave Camp (R-MI) introduced bipartisan legislation (H.R. 784) earlier this year that would authorize $1.5 billion in grants over 2004 and 2005 to help communities invest in their wastewater systems. The Water Quality Investment Act of 2003 would extend by two years a law which was enacted in 2001 and that provided $1.5 billion in grants over two years for planning, design, and construction of treatment works to control or treat municipal combined sewer overflows and sanitary sewer overflows.
AMSA supported the original Wet Weather Water Quality Act of 2000 which also authorized a three-year, $45 million grant program for wet weather watershed pilot projects. Camp’s bill now has 30 cosponsors. An identical bill (S. 567) was introduced last month in the Senate by Senator Olympia Snowe (R-ME). AMSA supports both the extension of the authorization and the appropriation of funding for the grants. The texts of the two-page bills, which amend the Federal Water Pollution Control Act, are available through AMSA’s Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.

Budget and Appropriations

AMSA’s Funding Request for NBP Pending in Appropriations Committees
The House and Senate Appropriations Subcommittees on VA-HUD & Independent Agencies have not met yet to approve the fiscal year (FY) 2004 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. According to Senate Appropriations Committee Chairman Ted Stevens (R-AK), Senate Appropriations subcommittees are expected to start marking up individual spending bills in mid-June. Historically, the VA-HUD spending bill is the last to be approved by the full committee.

AMSA members that have a Representative or Senator as a member of the Appropriations Committees have written letters urging their Member to request that $1 million for the NBP be included in EPA’s budget for FY 2004. In the House, Reps. Robert Aderholt (R-AL) and Robert Cramer, Jr. (D-AL) have submitted formal requests to the Appropriations Chairman to include the funding in the VA-HUD bill. 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 then click on the April 4 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. AMSA encourages all of its members to support the $1 million funding request for the NBP.