Legislative Update November 2001
To: Members, Affiliates,
Legislative Policy Committee, Legal Affairs CommitteeFrom: National Office Date: November 7, 2001 The National Office is pleased to provide you with the AMSA Legislative Update. This issue of the Legislative Update, current through November 6, 2001, provides a summary of activities in the107th Congress which impact AMSA’s membership. For more detailed information regarding AMSA’s position on or activities related to any specific bill, go to the web links at the end of each news item, or contact AMSA’s National Office at 202/833-AMSA or info@amsa-cleanwater.org.
Stay Informed with AMSA’s On-Line Bill Digest
Get up-to-the-minute details on legislation important to the wastewater community with AMSA’s Bill Digest! The Digest provides a direct link from AMSA’s web site to Congressional web sites that feature federal legislation that AMSA is tracking, allowing members to instantaneously locate bills of interest. In addition to bill language, the site includes the status and summary of each bill through a link to the Library of Congress’ "Thomas" web site. To increase the effectiveness of this essential resource, AMSA now maintains the Digest on the AMSA web site, keeping it updated continually. To bookmark the Bill Digest, go to: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm.Congress Funds AMSA Security Initiative and Biosolids Program
House and Senate lawmakers met in conference committee November 6 to resolve differences in separate versions of the VA, HUD and Independent Agencies appropriations bills and approved AMSA's request for $500,000 for security activities to be directed by AMSA's Wastewater Infrastructure Security Task Force. Conferees also approved funding for the National Biosolids Partnership (NBP) and the clean water and drinking water state revolving loan funds (SRFs). Conference committee members agreed to fund the NBP at $1 million for fiscal year (FY) 2002 after AMSA members successfully rallied support for the NBP by contacting their Senators and urging full funding for the biosolids program. Funding for the NBP was not included in the Senate version of the appropriations bill for VA, HUD and Independent Agencies but was supported at $1 million in the bill passed by the House in July. This is the fourth year that Congress has supported and approved funding for the NBP.Conferees also agreed to the higher Senate-passed funding levels for the SRFs. The EPA will receive $1.35 billion for the Clean Water State Revolving Fund and $850 million for the Drinking Water State Revolving Fund. Targeted grants to address community wastewater, drinking water and ground water infrastructure projects were increased during the conference to $344 million; the House had set aside $200 million for grants compared with the Senate's $160 million. The conference report on VA, HUD and Independent Agencies is expected to move quickly to the House floor for a vote, followed by action in the Senate. President Bush has indicated he will sign the bill when it reaches his desk.
Infrastructure Financing
AMSA Testifies Before Senate on Infrastructure Financing Options
On October 31, Paul Pinault, Vice President of AMSA and Executive Director of the Narragansett Bay Commission, RI testified on behalf of the Association before the Senate Subcommittee on Fisheries, Wildlife and Water. In his testimony, Pinault stated that municipal agencies are being innovative in meeting the infrastructure financing challenge but that "the fundamental challenge for Congress today is to fund a comprehensive financing program for the 21st century that will allow state and local governments to meet their water and wastewater infrastructure needs without putting unnecessary stresses onto the nation’s ratepayers." He suggested to the Subcommittee that state revolving funds need to be evolved into comprehensive financing mechanisms to begin to solve the water and wastewater infrastructure funding shortfall. Pinault also recommended that Congress adopt the proposal put forth by the Water Infrastructure Network (WIN), of which AMSA is a founding member. WIN has proposed a five year, $57 billion plan for new Congressional authorizations and funding to capitalize state-administered grant and loan programs for water and wastewater infrastructure. AMSA will continue to work with Congress and WIN to secure funding for the much-needed water infrastructure upgrades and repair. AMSA’s testimony is available at: http://www.amsa-cleanwater.org/advocacy/testimony/10-31-01testimony.cfmAMSA Asks Congress for Infrastructure Funds in Economic Stimulus Bill
In an October 26 letter, AMSA urged Senators to include funding for clean and safe water infrastructure in the economic stimulus bill now being debated in the Senate. The letter stated that AMSA members have over $3.2 billion in construction projects that are ready to begin which, in turn, will create new jobs and stimulate both national and local economies. The AMSA list of construction projects is continually updated and sent to appropriate Hill staff. It has become a popular example of how water infrastructure investment can put Americans back to work and protect public health and the environment.AMSA is encouraged that many members of the Senate Environment and Public Works Committee signed a letter in early October to the Senate leadership urging them to include investment in infrastructure in upcoming legislation. Several alternative water infrastructure proposals also have surfaced in the past few weeks. Senators Max Baucus (D-MT) and Ted Kennedy (D-MA) proposed that Congress approve the inclusion of a $10 billion investment in infrastructure that includes $3 billion for drinking water and wastewater treatment systems. Senator Robert Byrd (D-WV) is proposing a $20 billion package that is designed to serve the dual purpose of strengthening homeland defense while providing a stimulus to the economy. His bill includes $2.1 billion for "enhancements for clean and safe drinking water projects as well as significant funds to help secure water utilities." AMSA and the Water Infrastructure Network (WIN) sent a letter October 5 to the leadership of the House and Senate to ask for $5 billion to fund water and wastewater construction projects, with $750 million directed toward sewer overflow grants authorized last year under the Wet Weather Water Quality Act of 2000.
Infrastructure programs, while widely debated, were not included in the $99.5 billion economic stimulus package passed October 24 by the House. Members of the House Transportation and Infrastructure Committee championed a $50 billion "rebuild America" infrastructure investment that included $5 billion for the Clean Water Act State Revolving Fund (SRF) and $1.5 billion for the Safe Drinking Water SRF. House Members and staff, however, continue to work with AMSA and others to gain the necessary support to include wastewater construction projects in a final stimulus bill at conference. President Bush’s request to speed up the legislative process on the stimulus package makes it more likely that the Senate will bring a bill to the floor this month with a final bill possible before the end of the year.
Security
House Hearing Highlights AMSA Testimony on Wastewater Facility Security
AMSA member and Director of the Metropolitan Sewer District (MSD) of Greater Cincinnati, Ohio, Patrick T. Karney, testified on October 10 before the House Transportation and Infrastructure Subcommittee on Water Resources and Environment on the security of the nation’s water and wastewater resources. At the hearing, titled Terrorism: Are America’s Water Resources and Environment at Risk?, Karney stated forthrightly that these "essential undertakings to ensure the security of our nation’s aging infrastructure will clearly require federal support." Karney added that "[n]ationwide AMSA members comply with federal, state and local regulations that require the development of safety, health and emergency preparedness plans in response to chemical spills, natural disasters and other emergencies. Now, however, wastewater utilities need to perform comprehensive vulnerability assessments and prepare emergency response and recovery plans in response to potential terrorist activities."Karney testified that although MSD is doing everything it can on a local level and that AMSA has taken and will continue to take the necessary steps to help ensure the security of wastewater utilities at the national level, additional federal funding is critical to protecting America's wastewater infrastructure. AMSA continues to work with Congress, federal agencies, and other stakeholders to ensure that wastewater utilities have the necessary tools to safeguard their assets. AMSA’s testimony and photographs from the hearing can be viewed by clicking on the security icon on AMSA’s home page or at: http://www.amsa-cleanwater.org/advocacy/testimony/10-10-01testimony.cfm.
House Democrats Introduce Bill to Guard Water Supplies from Attack
House Minority Leader Richard Gephardt (D-MO) and Representative Bob Menendez (D-NJ) have included a $75 million water supply protection program as part of a $7 billion legislative proposal to prepare and protect communities against terrorist attacks. The Bioterrorism Protection Act of 2001 calls for a review of emergency preparedness and vulnerabilities of water systems. The $75 million would help communities address deficiencies in security, develop improved monitoring systems to track water quality, improve security at water-bottling facilities, and implement background checks for quality testers at treatment plants and bottling facilities.House Democrats believe a total of $165 million will be required to secure and protect the nation’s water supply. AMSA is working with the Association of Metropolitan Water Agencies (AMWA), the Critical Infrastructure Protection Advisory Group (CIP) and other stakeholders to obtain federal funding to conduct vulnerability assessments and prepare response and recovery plans. (See related story).
Information Security Bill Introduced
While public and private entities work with federal government officials on security issues, the protection of sensitive information required by government agencies has become a focal point. The federal Freedom of Information Act (FOIA) provides for public access to a broad array of information submitted to federal agencies, much of which is now viewed as sensitive in the wake of the September 11 attacks. In an effort to address this new concern for the private sector, Senator Robert Bennett (R-UT) has introduced S.1456, the Critical Infrastructure Information Security Act of 2001. Among other things, S.1456 would, upon request of a private entity, protect critical infrastructure information shared with virtually any federal agency from disclosure under FOIA.Municipal groups, including the drinking water and wastewater communities, are working to get similar protection for local agencies that provide sensitive information to the federal government. Wastewater treatment agency officials also will find that some states have an equivalent to the federal government’s FOIA legislation that may require legislative action at the state level. Without new protection, individuals will continue to be able to obtain sensitive information through direct requests to state and local agencies. AMSA will continue to push lawmakers and federal agencies to develop new programs that will safeguard potentially sensitive information from being accessed by subversive individuals.
Boehlert and Jeffords Introduce Water Security Research and Development Bills
The work of the members of the Critical Infrastructure Protection Advisory Group (CIP), of which AMSA is a member, has begun to bear fruit. Representative Sherwood Boehlert (R-NY) and Senator James Jeffords (I-VT) introduced bills on October 31 that would provide $12 million a year for five years (2002 - 2006) to fund water infrastructure research and development projects. Both H.R. 3178 and Senator Jeffords’ bill would "promote the development and application of security assessment methodologies . . . " and, among other things, would "promote research technologies to protect the water supply system . . ." Water supply systems include both drinking water systems and publicly owned treatment works. The legislation charges the U.S. Environmental Protection Agency (EPA) with the management of the new funds for the research projects. AMSA, as a supporter of the bills, was quoted in Rep. Boehlert’s press release as saying "(t)he legislation would provide the much needed funding for critical research and development projects that would go far towards ensuring the long-term security of our wastewater and drinking water infrastructure." AMSA, CIP and other stakeholders will continue to work with Congress and the EPA to gain passage of this new water infrastructure security initiative.
Farm Bill
AMSA Continues to Advocate Farm Bill Conservation Alternatives
On October 5, the House approved the Farm Security Act of 2001 (H.R. 2646), the day after it rejected a more conservation-friendly alternative farm bill. On October 4 the House voted 225 to 201 against an AMSA-supported amendment by Representatives Ron Kind (D-WI), Wayne T. Gilchrest (R-MD), Sherwood Boehlert (R-NY), and John D. Dingell (D-MI). The Kind-Gilchrest-Boehlert-Dingell amendment would have substantially increased conservation efforts under a new "Watershed Quality Incentive Program", an annual nutrient reduction pilot program for impaired streams, and an additional pilot program for increasing protection for water supplies. See AMSA and other municipal groups’ letter of support at http://www.amsa-cleanwater.org/private/legreg/outreach/10-1-01supportamendment.pdf.Action on the Farm Bill now lies in the Democratic Senate, which may be more likely to accept conservation oriented provisions. AMSA continues its efforts to bring conservation to the forefront of the discussions in coalition with the National League of Cities, the United States Conference of Mayors, American Water Works Association, and Association of Metropolitan Water Agencies. On October 18, AMSA sent a letter to the Senate urging a "stronger emphasis on conservation, pollution prevention, and the protection of our vital water resources in the Farm Bill". See AMSA’s letter at http://www.amsa-cleanwater.org/private/legreg/outreach/10-18-01nlcletter.pdf).
AMSA’s October 18 letter followed the introduction of a bill by Senator Richard Lugar (R-IN), the Farm Ranch Equity Act of 2001 (S. 1571), which calls for a doubling of conservation spending from nearly $2 billion to about $4 billion a year. The Senate Agriculture Committee held a mark-up hearing on the Farm Bill on October 31, where the Agriculture Committee Chair, Senator Tom Harkin (D-IA) presented the major components of his proposal. Harkin’s bill also contains conservation funding and addresses renewable energy issues and "opportunity in rural America."
AMSA believes success will be achieved on the Farm Bill if the measure is taken up in the second session of the 107th Congress, when national attention may return to non-security matters. In the interim, however, AMSA continues its efforts to ensure that the final Farm Bill will tie funding to farmers to improved nonpoint source and conservation measures.
EPA Structure
House Committee Approves Bill to Create EPA Deputy Administrator for Science
The House Science Committee has approved H.R. 64, which creates the position of Deputy Administrator of Science and Technology within EPA. The legislation charges the position with overseeing the development of science policy within the agency and coordinating the acquisition of scientific research from academic sources, other government agencies and the private sector. The bill also would change the name of the Assistant Administrator for Research and Development to the "Chief Scientist" of EPA. H.R. 64 was introduced by Congressman Vernon Ehlers (R-MI) as a result of a report published by the National Academy of Sciences (NAS) entitled Strengthening Science at EPA: Research Management and Peer Review Practices. The NAS study was in response to criticism of EPA’s use and manipulation of science resources and policy decisions and concluded that EPA decisions could be greatly enhanced by improving and enhancing the role of science at the agency. EPA has not commented on either the NAS report or H.R. 64. A companion bill, S. 1176, the Environmental Research Enhancement Act of 2001 has been introduced in the Senate by Senators George Voinovich (R-OH) and Thomas Carper (D-DE). A copy of the NAS report can be viewed at http://books.nap.edu/books/0309071275/html/index.html.