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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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