AMSA Legislative Update November 2002

This edition of AMSA’s Legislative Update, current through December 1, 2002, provides an overview of the disposition of bills of interest to the nation’s publicly-owned treatment works (POTWs) in the second session of the 107th 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.

Legislation introduced in the 107th Congress will remain listed on AMSA’s Bill Tracker for reference purposes until Congress reconvenes for the 108th Congress in January 2003. 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.

Clean Water Funding

Election Puts Inhofe in Charge of Environment Committee
Senator James Inhofe (R-OK) will assume the Chair of the Senate Environment and Public Works (EPW) Committee when a new Congress convenes January 7, 2003. Inhofe is a long-term advocate of applying cost-benefit standards and sound science to EPA’s rule-setting process. Inhofe’s policies are expected to be a dramatic change from those of Senator James Jeffords, the former Republican from Vermont who had switched to the Independent Party and was rewarded by the Democratic Party with the Chair of the EPW Committee. Jeffords held the post for 18 months and will now become the Committee’s Ranking Member. Jeffords has already set himself apart from the administration’s current environmental policies by declaring in last week’s Democratic response to the President’s weekly radio address that this administration “is moving us backward instead of leading us forward” in terms of its handling of clean air, clean water, and superfund programs.

Inhofe is expected to embrace the opportunity to write a new surface transportation bill that will allocate billions of dollars in federal money to state highway and transit programs. Congress last acted on a highway bill, known as TEA-21, in 1998. A November 13 press release by Inhofe indicated that some of the other anticipated priorities for the new Chairman include Clean Air Act reauthorization, passage of a new water resources development bill to fund U.S. Army Corps of Engineers projects, and water and wastewater infrastructure funding legislation. The anticipated focus on the new surface transportation bill, with the related negotiations on how much money is to be allocated to each state, is expected to attract new members to fill the open seats on the Committee. Former Senator Bob Smith’s (R-NH) seat is vacant and must be filled. As the new majority, at least one more seat will be added to the Republican side of the Committee. Senator Michael Crapo (R-MT) will reclaim the top spot on the Subcommittee on Fisheries, Wildlife and Water. Senator Kit Bond (R-MO) landed the much sought-after chairmanship of the Transportation, Infrastructure and Nuclear Safety Subcommittee. Senator George Voinovich (R-OH) will become Chairman of the Clean Air, Wetlands and Climate Change Subcommittee.

On the House side, the current chairman of the Transportation & Infrastructure Committee (T&I), Rep. John Duncan (R-TN), will have to wait until January to find out if he will get his wish to move out of his current post to become Chairman of the full House Resources Committee. If Duncan leaves, next in line for the Water Resources Subcommittee chairmanship is Rep. Wayne Gilchrest (R-MD).

AMSA Gears Up for New Congress
With Senator Inhofe at the helm of the Senate EPW Committee, AMSA members can anticipate a new version of a water and wastewater infrastructure funding bill with fewer requirements and mandates. Although EPA Administrator Christine Whitman’s priorities – including asset management and greater private sector involvement – could reappear in a new funding bill, the Committee leadership change could be accompanied by a modification to many of the provisions opposed by AMSA in this year’s Senate bill (S. 1961).

In the House T&I Committee, wastewater infrastructure funding is expected to remain a priority for the Water Resources and Environment Subcommittee. In remarks to AMSA members at the Fall Leadership Retreat & Strategy Session, Subcommittee staff recounted the enormous amount of progress made on the infrastructure funding issue this year. The Committee’s Senior Majority Counsel Susan Bodine reminded AMSA members that major laws are never changed in one year and that the wastewater community should sustain its momentum on the issue to get a bill passed in the 108th Congress. Bodine also told members to seek broader support for the issue through grassroots with businesses and ratepayers around the country. Bodine said it was too early in the process to decide how the Subcommittee will proceed next year. Possible options include a revised bill similar to the Water Quality Financing Act of 2002 (H.R. 3930), a new SRF bill, or a wastewater trust fund bill.

The AMSA Infrastructure Funding Task Force has approved, and AMSA has hired, a contractor to develop a strategic plan that will guide AMSA’s efforts over the next two years. Plan components will likely include grassroots, communications and education, and lobbying elements. The Task Force met in late November by teleconference call and will meet again in Santa Fe, NM in conjunction with AMSA’s 2003 Winter Conference.

Water and Wastewater Security

House-Passed Wastewater Security Bill Likely to be Introduced
The House in early October by voice vote approved the Wastewater Treatment Works Security Act of 2002 (H.R. 5169), an AMSA-supported bill that would help wastewater treatment agencies defray the cost of new security measures. Staff have indicated that Congress is still interested in passing a bill and it now appears likely that a similar bill will be re-introduced next year.

H.R. 5169 authorized $200 million for POTWs to conduct vulnerability assessments and to pay for enhanced security at their facilities. An additional $15 million was authorized to provide technical assistance to small POTWs. The bill also authorized $1 million for each of the fiscal years 2003 through 2007 for EPA to make grants to a nonprofit organization for the improvement of vulnerability self-assessment methodologies and tools for POTWs. This could potentially fund AMSA’s efforts to upgrade its Vulnerability Self Assessment Tool (VSAT™) software over the coming years.

After passage in the House, H.R. 5169 was accepted by the Senate and referred to the EPW Committee, but never taken up. In the meantime, former Senate EPW Chairman Jeffords introduced a different version of a wastewater security bill, the Wastewater Treatment Works Security and Safety Act (S. 3037). The Jeffords’ bill authorized $125 million for FY 2003 to perform vulnerability assessments, prepare emergency response plans, and implement basic security enhancements; $2 million for fiscal years 2003 and 2004 to address immediate and urgent security needs as determined by the EPA Administrator; $15 million for FY 2003 for treatment works that serve a population of under 10,000 people; and $15 million annually for fiscal years 2003-2007 for EPA research on the vulnerabilities of wastewater treatment works to intentional acts. The final authorization was for $500,000 for each of fiscal years 2003 through 2007 for non-profit organizations to improve vulnerability self-assessment tools for POTWs. Unlike the House bill, S. 3037 required wastewater treatment agencies to submit both vulnerability assessments and emergency response plans to EPA, a requirement that is vigorously opposed by AMSA.

AMSA will continue to press Congress to pass and fund a wastewater infrastructure security bill in the 108th Congress that is similar in scope and impact as H.R. 5169. For more information, read AMSA’s Legislative Alert 02-06 in the Member Pipeline section of AMSA’s web site at: http://www.amsa-cleanwater.org/private/legreg/legalrts/la02-06.cfm. A copy of H.R. 5169 is available for printing or downloading on AMSA’s Bill Tracker at: http://www.amsa-cleanwater.org/private/legreg/legupdate/leg_tracker.cfm#9.

Homeland Security Department Wins Approval
Congress passed the Homeland Security Act (H.R. 5005) November 22 creating a new Department of Homeland Security (DHS). In a favorable development during the bill’s negotiations, language to require additional reporting of chemicals stored at wastewater treatment plants was not included in the final measure. The bill also contains a broad exemption from Freedom of Information Act (FOIA) requests for information submitted to the government voluntarily by industry.

Pending Senate confirmation, DHS Secretary-designate Tom Ridge will take office on January 2, 2003. The first milestone for the department will be on January 24, when several new offices will be created, including the Office of the Secretary, the Bureau of Border Security and the Homeland Security Advanced Research Projects Agency, the new department’s research and development arm. On March 1, the department will assume authority over nearly every agency transferred to the department, including the Transportation Security Administration, Coast Guard, Customs Service, Federal Emergency Management Agency, Secret Service and most of the Immigration and Naturalization Service, which will be split up in the new department. All agency transfers will be completed by September 30, 2003, according to the plan, which was required under the Homeland Security Act.

Now that the cabinet level department has been approved, Congress is expected to create new committees to fund – and provide oversight of – the new department. The House and the Senate are both expected to create new homeland security committees, and the appropriations committees in each chamber are considering the creation of new terrorism subcommittees to approve funding for the new department. With large sums of money at stake and a wide range of issues to be addressed, Members are expected to scramble to secure a seat on the new committees. The House and the Senate will decide in January how to structure the new committees.

Budget and Appropriations

Congress May Not Act on 2003 Appropriations Bills
President Bush has signed into law the only two appropriations measures Congress passed in the second and final session of the 107th Congress, the defense and military construction appropriations bills. No decisions have been made regarding how the new Congress will proceed on the remaining appropriations bills. One possible scenario for the 108th Congress, which would have repercussions for AMSA (see article below), is for lawmakers to abandon efforts to pass the 11 remaining fiscal year 2003 appropriations bills and move on to the 2004 budget.

Before adjourning for the year, Congress approved a fifth continuing resolution (CR) to keep the government operating at current funding levels until January 11, 2003. When Members of Congress return the week of January 7 for their swearing-in, they could pass another CR that would fund government agencies through the end of the fiscal year. However, if the Senate meets President Bush’s demand to cut $10 billion from the 2002 budget, the remaining appropriations bills could be passed en masse in an omnibus bill. After being sworn-in, Members have historically returned home until the end of January and then reconvened in Washington, DC to receive the President’s budget for the next fiscal year. House and Senate leaders already have said they will move quickly on a budget resolution next year to make it easier for appropriations committee chairmen to move the fiscal year 2004 bills.

Continuing Resolution Could Impact AMSA Funding Requests, EPA Budget
Although legislation to fund EPA’s budget for FY 2003 passed both the House and the Senate Appropriations Committees, floor votes were not scheduled for either bill. Consequently, EPA is one of many agencies that is operating under a CR at FY 2002 funding levels. When Congress fails to pass annual appropriations bills, the individual programs and projects that were added by Members to the legislation as earmarks go unfunded. Currently at risk is AMSA’s $1 million request to fund the National Biosolids Partnership program, which was passed as part of the House VA-HUD & Independent Agencies Appropriations Subcommittee, but was not included in the Senate’s bill. Also in question are hundreds of projects tacked on to the appropriations legislation by individual lawmakers. In the Senate bill, Senators had added $140 million to the EPA budget for 150 special needs infrastructure grants. House Members added to their bill 356 projects totaling approximately $227.6 million. These projects also risk going unfunded if Congress fails to act on the 2002 appropriations bills. Other programs that may not get funded include $20 million in FY 2003 Senate bill to address drinking water system security needs and $20 million for small system arsenic removal research and demonstration projects. Congress may address the remaining bills by combining them into a single $500 billion omnibus measure and quickly passing it in early January.

Senators Push for More Money for SRFs in 2004
Senators Paul Sarbanes (D-MD) and George Voinovich (R-OH) have asked their Senate colleagues to sign on to a letter to President Bush that calls for an increase in funding for the Clean Water and Safe Drinking Water State Revolving Funds (SRFs) in EPA’s fiscal year 2004 budget. Citing EPA’s “Gap Analysis” report (see AMSA’s September 30 FaxAlert at http://www.amsa-cleanwater.org/private/faxalerts/093002.cfm), the Senators are asking the President to increase the Clean Water SRF to $3.2 billion and the Drinking Water SRF to $2 billion in EPA’s 2004 budget. The deadline for signatures to the letter is December 6. To date, a total of 31 Senators have signed on to the letter.