To: Members
& Subscribers
From: National Office
Date: May 1997 (current to May 21, 1997)
The National Office is pleased to provide you with the
May 1997 Legislative Update. Following are instructions
on how to use this Update, as well as listing of those
bills currently being tracked by the National Office. The Legislative
Update is a monthly service of the Association of Metropolitan
Sewerage Agencies.
AMSA, Others, Meet with Hill Staff Regarding CWA
AMSA National Office staff and representatives from other
Washington, DC-based Clean Water Act stakeholder organizations,
met with majority and minority staff from the House Transportation
& Infrastructure Committee on May 20 to discuss Clean Water
Act reauthorization. The meeting was called by committee staff
to clear up issues raised following the release of a letter signed
by the majority and minority leadership of the Transportation
and Infrastructure Committee.
The letter, forwarded to AMSA and others on April 25, opened by
acknowledging the 25th anniversary of the Clean Water Act and
stated that, "One of the important goals of the Transportation
& Infrastructure Committee in the 105th Congress is to develop
broad-based, bi-partisan legislation reauthorizing the Act and
providing improved tools and resources for its implementation."
Among the key issues identified by the Congressmen are infrastructure
funding, point source regulation, nonpoint source management and
control, wet weather flows, watershed protection approaches, wetlands
and enforcement.
The letter asked that stakeholders enter into discussion to try
to reach consensus and recommendations on some or all of the key
issues. AMSA responded by noting the Association's efforts to
both lead and participate in local discussions with other CWA
stakeholders and assured our participation during committee-sponsored
discussion meetings. Copies of both referenced letters are attached
for your review.
In his opening comments yesterday, Ben Grumbles, Majority Counsel
to the Transportation & Infrastructure Subcommittee on Water
Resources & Environment, reiterated that the intent of the
April 25 letter was to "send a signal that the leadership
is interested in meaningful conversations leading to a reauthorized
Clean Water Act in the 105th Congress. He suggested that the House
Committee was genuinely interested in "a fresh new look at
Clean Water Act reauthorization," and encouraged stakeholders
to realistically look at what issues can best be addressed legislatively.
Grumbles cited nonpoint source control as the primary key issue
to be addressed and a likely candidate for a future hearing (although
additional hearings have yet to be scheduled).
Ken Kopocis, Minority Counsel to the Subcommittee on Water Resources
& Environment, echoed Ben Grumbles' comments on the objective
of the letter and stated that discussion should center around
the current statute and present implementation, not past reauthorization
attempts such as H.R.961. Kopocis encouraged stakeholders to seek
"common ground" not "middle ground" on key
issues.
The meeting concluded with an open invitation by Hill staff to
meet with individual organizations or coalitions of organizations.
The Hill plans a second meeting to check in with stakeholders
in approximately one month.
Senator Chafee, Congressman Boehlert Address Members During
AMSA Policy Forum
Senator John Chafee (R-RI), Chair of the Senate Environment
& Public Works Committee and Congressman Sherwood Boehlert
(R-NY), Chair of the House Transportation & Infrastructure
Subcommittee on Water Resources & Environment, both addressed
AMSA members during the Association's National Environmental
Policy Forum, held earlier this month in Washington, DC. Both
lawmakers are known on Capitol Hill and around the country for
their support of environmental protection and their commitment
to sound policy making.
During his breakfast Keynote Address on May 6, Senator Chafee
announced that he would pursue consideration of a Clean Water
Act reauthorization in 1998. He noted several other environmental
measures, including interstate transportation of solid waste,
reauthorization of the Intermodal Surface Transportation Efficiency
Act (ISTEA), superfund reform and the Endangered Species Act,
that his Committee would focus on for the remainder of the year.
Congressman Boehlert, who received AMSA's 1997 Environment
Award, also stated that his Committee would consider other
environmental statues, including ISTEA, before shifting attention
towards reauthorization of the CWA. During his remarks, Congressman
Boehlert outlined principals he believes should guide CWA reauthorization
efforts, including the need to set priorities for remaining water
quality problems, base water quality programs on sound science,
and focus pollution management efforts on a watershed basis. Both
Chafee and Boehlert expressed support for wetlands mitigation
banking. The June issue of AMSA's Clean Water News will
feature coverage of Chafee and Boehlert's remarks, as well as
other key oevents of the May Policy Forum.
Interstate Transportation of MSW/Flow Control
Several bills have been introduced on both the House and Senate
side to control the movement of solid waste across state borders
and to provide municipalities with flow control authority. AMSA
has been carefully watching all legislation for impact on the
movement of biosolids. At the time of this writing, no single
bill has received particular attention. However, Representative
Bob Franks (R-NJ) has introduced legislation that is very similar
to a bill that passed the Senate and received significant consideration
in the House during the 104th Congress.
During AMSA's recent Policy Forum, Senator Chafee (R-RI) stated
that he intended to introduce legislation "or at least submit
something soon in the Senate" addressing interstate waste
transportation. Just prior to AMSA's meeting, the Senator spoke
at another event and stated his intention to introduce flow control
legislation. As of this writing, Senator Chafee has not introduced
his bill.
Recent reports have indicated that municipalities have not experienced
decreases in bond ratings or financial instability at local waste
disposal facilities as was predicted in 1994 following a Supreme
Court opinion declaring local flow control ordinances unconstitutional
because it interfered with interstate commerce. Because the worst
has not been realized, it is expected that Senator Chafee's bill
would reinstate flow control in a very limited fashion by grandfathering
contracts that existed prior to the Supreme Court decision.
Administration Releases Superfund Principals
Earlier this month the Clinton Administration released a set
of "common sense" principals on Superfund reform that
form that basis for EPA's vision on how the law should be changed.
The principals were forwarded to congressional committees with
jurisdiction over Superfund. The principals include support for
limitations on liability for very small volume contributors of
waste, generators and transporters of municipal solid waste disposed
of at Superfund sites, and prospective property purchasers. The
principals oppose repeal of all or part of the current strict,
retroactive, joint and several cleanup liability standards. According
to a staff member for the Senate Environment & Public Works
Committee, the Administration's principals are long overdue, but
consistent with what the Agency has been stating during hearings
on Superfund reauthorization. No significant action has been reported
in either the House or the Senate regarding reauthorization efforts,
however, it has been noted that bipartisan discussions are still
underway.
The National Office will continue to keep members informed of
all significant developments through Legislative Alerts
and monthly Updates. If you have any questions regarding
any legislative initiatives, please contact Paula Dannenfeldt
(202/833-4654) or Christy Kettell (202/833-3692).
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