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NACWA Legislative Update May 2006

Member Pipeline - Legislative - May 2006 Update

To: Members & Affiliates, Legislative Policy Committee,
Legal Affairs Committee, Clean Water Funding Task Force
From: National Office
Date: May 12, 2006

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This edition of the National Association of Clean Water Agencies’ Legislative Update, current through May 10, 2006, provides information on the activities of the 109th Congress of interest to the nation’s publicly owned treatment works (POTWs). For more detailed information regarding NACWA activities related to specific legislation, click on the web links in selected news items, or contact NACWA’s Lee Garrigan at 202/833-4655 or lgarrigan@nacwa.org.

NACWA advocates on behalf of its members before Congress. You can find individual bills through NACWA’s Bill Tracker (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm), which provides a direct link to congressional websites where bill texts and summaries are posted. You can find NACWA letters, statements, alerts, updates and related documents under Legislative (http://www.nacwa.org/private/leg_index.cfm) in the Member Pipeline section of the NACWA website.

CLEAN WATER FUNDING

Chairman Duncan Addresses NACWA Members on Clean Water Trust Fund Bill
Representative John J. Duncan (R-TN), Chairman of the House Water Resources & Environment Subcommittee, addressed NACWA members and guests May 2 at NACWA’s Capitol Hill Reception during the 2006 NACWA/Water Environment Federation (WEF) National Clean Water Policy Forum. The Chairman urged attendees to meet with their Representatives to garner support for the Clean Water Trust Act of 2005 (H.R. 4560). The Capitol Hill Reception also drew other Members of Congress including Rep. Thelma Drake (R-VA) who was presented with a 2006 NACWA National Environmental Achievement Award for Federal Public Service by her constituent, and NACWA President, Donnie Wheeler. Representative Tom Petri’s (R-WI) remarks to guests were in support of NACWA’s clean water trust fund effort and Rep. Earl Blumenauer (D-OR), who received an award from WEF, called on Congress to renew its commitment to funding critical clean water infrastructure. NACWA’s annual Capitol Hill Reception provides Members of Congress and congressional committee staff with an opportunity to meet with NACWA members in Washington, DC to both socialize and to discuss issues that are important back in officials’ home states.

NACWA Recruiting House Cosponsors for Clean Water Trust Fund Bill
Representative John J. Duncan (R-TN), Chairman of the House Water Resources & Environment Subcommittee and sponsor of H.R. 4560, has signed a ‘Dear Colleague’ letter (http://www.nacwa.org/private/leg_outreach.cfm) that will be sent in May to all House members soliciting their support for the Clean Water Trust Act of 2005. NACWA also has delivered letters (http://www.nacwa.org/private/leg_outreach.cfm) to every Member of the House seeking support for and co-sponsorship of The Clean Water Trust Act of 2005. The letter outlines the pressing need for a federal trust fund and the ramifications in the coming years if the need is not met. Accompanying the letter is an overview of the bill as well as a list of supporting organizations. NACWA members have been
instrumental in attracting the first four cosponsors onto the bill. A list of cosponsors can be found with the bill text on the NACWA Bill Tracker (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm).

NACWA member POTWs and affiliates are urged to contact their Representatives and utilize Legislative Alert 06-04 (http://www.nacwa.org/private/legreg/legalrts/la06-4.cfm), which provides instructions, a ‘Sample Letter’ and a fact sheet on H.R. 4560. The sample letter also can be accessed via NACWA’s Write Congress Now feature on the right hand side of the Association’s homepage (www.nacwa.org). NACWA encourages its members to ask their Representatives to support H.R. 4560 and to meet with their Members of Congress when they return to their home Districts for the Memorial Day recess May 27 – June 4, 2006.

SECURITY

Wastewater Security Legislation Introduced Following Release of New GAO Report
The Government Accountability Office (GAO) released to the public May 1 a second report on wastewater treatment plant security, Securing Wastewater Facilities: Utilities Have Made Important Upgrades, Though Further Improvements to Key System Components May Be Limited by Costs and Other Constraints (GAO-06-390) (http://www.gao.gov/new.items/d06390.pdf). The study reported that while no federal law requires wastewater facilities to conduct vulnerability assessments, most facilities have completed, have underway, or plan to complete some type of security assessment. Senate Environment and Public Works (EPW) Committee Chairman James M. Inhofe (R-OK) requested the study to assess the state of security at the nation’s clean water utilities and gather data on how they have assessed and addressed potential vulnerabilities since September 11, 2001. Michele Nellenbach, Professional Staff Member for the EPW Committee told NACWA members May 2 at the 2006 NACWA/WEF National Clean Water Policy Forum that Chairman Inhofe planned to introduce new legislation in response to the GAO report that will draw significantly from a bill that passed the EPW Committee in 2003, the Wastewater Treatment Works Security Act of 2003 (S. 1039) (http://www.nacwa.org/private/leg_outreach03.cfm).

Following Nellenbach’s briefing to the Policy Forum, Chairman Inhofe introduced May 10 the Wastewater Treatment Works Security Act of 2006 (S. 2781) along with Sens. Lincoln Chafee (R-RI), Chair of the Fisheries, Wildlife, and Water Subcommittee, and Lisa Murkowski (R-AK). The bill would authorize $200 million in grants to conduct vulnerability assessments and make security enhancements, $15 million for technical assistance for small POTWs, $5 million over five years to non-profit organizations to improve vulnerability self-assessment methodologies and tools, and $25 million over five years for research and review of collection systems and treatment works. As soon as the bill is made available by the Government Printing Office, it will be posted on the NACWA Bill Tracker (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm). NACWA staff has provided input into the bill drafting process and will provide members with an overview in a Legislative Alert when the final bill text is published.

NACWA Urges Senate to Take Sound Approach on Wastewater Security
NACWA has sent a letter (http://www.nacwa.org/private/leg_outreach.cfm) to the leaders of the Senate Committee on Homeland Security and Government Affairs — Chair Susan Collins (R-ME) and Ranking Member Joseph Lieberman (D-CT) — alerting them to the clean water community’s concerns with the Chemical Facility Anti-Terrorism Act (S.2145) (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm#2). The bill would provide broad new authority to the Department of Homeland Security (DHS) to establish risk-based criteria to determine which chemical facilities are vulnerable to terrorist attack and to establish security standards for those facilities. Chemical facilities would be required to conduct vulnerability assessments and create site security and emergency response plans based on their specific vulnerabilities, subject to approval by the Secretary of DHS. Facilities that fail to comply with the security standards would be subject to fines and penalties. NACWA sought comments from its members on the bill via Legislative Alert 06-02 (http://www.nacwa.org/private/legreg/legalrts/la06-2.cfm).

Currently, S.2145 would apply to POTWs covered under section 112(r) of the Clean Air Act — over 30% of NACWA members — subjecting them to potentially onerous security planning and reporting requirements intended to address private sector chemical plant security. Presently, most clean water utilities have implemented security programs under the direction of EPA, which has been working closely with the wastewater sector on security issues and has a deep understanding of how clean water agencies operate, as well as the security challenges they face.

The Association’s letter points out that EPA, not DHS, should continue to retain authority over security programs for wastewater utilities. Also, wastewater security legislation has traditionally been under the jurisdiction of the Senate EPW Committee, where a new bill was introduced May 10 by Chairman James M. Inhofe (R-OK) to address wastewater system security issues (see related story). Given the direct application of the EPW legislation to POTWs, NACWA has urged Senators Collins and Lieberman to modify S. 2145 so that it removes clean water utilities from the definition of covered facilities. The Association will continue to work with Congress as well as EPA and DHS to ensure a reasonable approach to wastewater utility security issues that addresses the needs of POTWs. Sen. Collins’ staff expects S. 2145 to be marked up in the HSGA Committee this year. A similar bi-partisan bill, H.R. 4999, has been introduced in the House by Homeland Security Committee members Christopher Shays (R-CT) and James Langevin (D-RI).

Senate Democrats Introduce Tougher Chemical Security Bill
The Senate delegations from New Jersey and Illinois have introduced a chemical security bill that is significantly more stringent than the bipartisan Collins-Lieberman Chemical Facility Anti-Terrorism Act of 2005 (S. 2145) (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm). Senators Frank Lautenberg (D-NJ) and Barack Obama (D-IL) are the authors and sponsors of the Chemical Security and Safety Act of 2006 (S. 2486) (http://www.nacwa.org/private/legreg/legupdate/leg_tracker.cfm). Cosponsoring the legislation are Senators Robert Menendez (D-NJ), Richard Durbin (D-IL), John F. Kerry (D-MA) and Joe Biden (D-DE). Upon introduction of the bill, Senator Obama pointed to chlorine as a dangerous industrial chemical that could compromise homeland security, making some NACWA facilities eligible to be covered under the new proposal. S. 2486 would require that every chemical facility in the country adopt inherently safer technologies and allow states to enact tougher chemical security standards than federal law allows. Last year, the State of New Jersey began to require that chemical facilities adopt inherently safer technologies if they can do so.

The Chairman of the Senate EPW Committee, James M. Inhofe (R-OK), immediately criticized the partisan bill saying it would impose unnecessary restrictions on chemical plants. The bill has little chance of being brought before the committee for discussion but will likely be used by the Senators to try to gain concessions during this year’s anticipated debate of the Collins-Lieberman bill in the Committee on Homeland Security and Governmental Affairs and on the Senate floor.

FISCAL YEAR 2007 BUDGET

House Appropriators Approve New Cut to EPA CWSRF
In spite of bipartisan criticism from Members of Congress from both sides of the Capitol in opposition to the fiscal year (FY) 2007 budget for the U.S. Environmental Protection Agency (EPA), the House Appropriations Committee on May 10 approved a nearly $200 million cut to the clean water state revolving fund (CWSRF) program, accepting the White House’s proposal to fund the CWSRF at just under $688 million for FY 2007, fulfilling the Administration’s promise to end federal capitalization of the program in FY 2011. EPA Assistant Administrator for Water Benjamin Grumbles stated earlier this year that the $688 million request is on target to fund the CWSRF to revolve at $3.4 billion a year by 2011. According to hearing reports, Grumbles then acknowledged that even though the CWSRF will revolve at that level, a large funding gap will continue to exist. The $300 billion financing gap will likely worsen as the federal government continues to disinvest in clean water public works projects. The nearly $200 million budget cut would reduce the nation’s primary infrastructure program for water quality projects from $886.8 million in the current fiscal year to $687.6 million. Federal funding for the CWSRF has been slashed nearly 50 percent since the $1.35 billion annual appropriation it received up until FY 2004. A House floor vote could come as early as May 17. The Senate Appropriations Committee has not yet scheduled a markup of EPA’s FY 2007 budget.

NBP Funding Request Supported in FY 2007 House Bill
The House Interior, Environment & Related Agencies Subcommittee included in their FY 2007 appropriations bill $1 million to continue the National Biosolids Partnership (NBP) environmental management system for biosolids program. The full House Appropriations Committee approved the Subcommittee recommendation and also approved $841.5 million for the EPA’s drinking water SRF and $200 million for 184 ‘congressional priorities’ that primarily fund individual water infrastructure projects in members’ districts. The bill also eliminates a $1.182 million line item for wastewater operator training grants.

Individual agencies that have Members of Congress on the House and Senate appropriations subcommittees received a Special Legislative Alert (http://www.nacwa.org/private/leg_outreach.cfm) in which they were asked to write a letter urging their Members to request that $1 million for the NBP be included in EPA’s budget for FY 2007. A sample letter that NACWA members can still personalize and send to their Senators in advance of the upcoming markup of the Senate Interior and Environment Appropriations bill also is available from Write Congress Now, which is located on the home page of NACWA’s website (www.nacwa.org).