Legislative Update
July 1998The following will bring you up-to-date on recent legislative developments and AMSA National Office activity since the last report to the Board of Directors in May 1998.
Congress Returns from Memorial Day Recess – Focus on Appropriations
Members of Congress returned to Washington, DC on May 28 and immediately finalized negotiations on H.R.2400, the Transportation Equity Act for the 21 Century. The legislation, which was signed by President Clinton on June 9, 1998 (Public Law 105-178), provides over $217 billion for highway projects over the next six years. With the highway bill complete, legislators are now turning their full attention to appropriations for Fiscal Year (FY’99), which begins on October 1, 1998.
Following is the remaining Congressional schedule for 1998.
1998 Congressional Calendar (6/17/98)
House Senate Independence Day Recess June 26 - July 13 June 27 - July 5 August Recess August 10 - September 8 August 1 - September 7 Target Adjournment October 9 October 9
It is expected that Congress will adhere to this schedule, especially the adjournment date, to provide legislators with time to campaign for the November elections.
Senate Appropriators Approve $7.4 Billion for EPA in FY’99
On Thursday, June 11, the Senate Appropriations Committee approved a 1999 budget for the Environmental Protection Agency (EPA) that includes $123 million for the Administration’s Clean Water Action Plan. The amount is 20% less than the Administration had requested for the Action Plan, but $30 million more than the VA, HUD & Independent Agencies subcommittee had recommended in their bill to the full committee on June 9. The additional funding for the Clean Water Action Plan was offset by a decrease in the agency’s Environmental Programs and Management Account. In a statement following negotiations on the legislation, Senator Christopher Bond (R-MO) said, "This action...seeks to ensure that our nation’s rivers, lakes and streams are protected from polluted runoff, and are clean for recreation and for wildlife."
S.2168 proposes to provide EPA with $7.413 billion for 1999. This total is $50 million more than enacted in FY’98, but almost $400 million less than the $7.8 billion requested by the Administration. According to the Committee Report accompanying the legislation, the difference between the President’s request and the Committee’s recommendation is principally accounted for by a Committee decision not to provide addition funding for the Superfund program. Account totals are:
Science and Technology – $643.7 million: The Science and Technology Account provides funding for the scientific knowledge and tools necessary to support the Agency’s decision on environmental protection. The money is disbursed through contracts, grants and cooperative agreements with universities, industries, nonprofit organizations, State and local government, and Federal agencies, as well as through work performed at EPA laboratories and field stations/offices. The $643.7 million recommendation for 1999 is an increase of $10,000,000 above the Administration’s budget request and $12,460,000 over the enacted level for 1998. Funding in this account includes $1,000,000 for the Water Environment Research Foundation; $2,000,000 for the national decentralized water resources capacity development project (part of this money will support the Clean Water Action Plan); and $2,000,000 for watershed studies at the University of Maryland-Baltimore County. Other projects include studies on particulate matter, environmental restoration, estuaries and air toxics.
The Committee also urged EPA to work with the National Institute of Environmental Health Sciences to conduct a national study on potential health risks involved in the application of sludge to agricultural lands. The purpose of the study, as stated in the Committee Report, is to resolve gaps in scientific data and uncertainty about sludge impacts on air, soil, surface and ground water.
Environmental Programs and Management – $1.84 billion: The Environmental Programs and Management account provides funding for the development of environmental standards; monitoring and surveillance of pollution conditions; direct Federal pollution control planning; technical assistance to pollution control agencies and organizations; preparation of environmental impact statements; compliance assurance; and, assistance to Federal agencies in complying with environmental standards. The $1.84 billion recommended by the Committee is $153,280,000 below the budget request and $39,500,000 above the 1998 level. The account includes $1,500,000 for training grants under section 104(g) of the Clean Water Act; $1,800,000 for the Small Flows Clearinghouse and related projects; $5,000,000 for America’s Clean Water Foundation for implementation of on-farm environmental assessments for hog production; $2,000,000 to address Pfiesteria; and, $2,000,000 for the New York City Watershed Protection Program.
Under this account, the Committee recommended the full budget request for Environmental Programs and Management of $37,800,000 for activities related to the Clean Water Action Plan.
Inspector General – $43.4 million: The Inspector General Account provides the funding for EPA audit and investigative functions. The $43.4 million recommendation is equal to the Administration’s request and just over $3,000,000 more than last year’s allocation.
Buildings & Facilities – $52.9 million: The Buildings and Facilities account provides the Agency with funding for facilities, including repairs and improvements and new construction, when appropriate. The Committee’s recommendation of $52.9 million is equal to the Administration’s request and approximately half of last year’s allocation.
Hazardous Substance/Superfund – $1.5 billion: The Hazardous Substance/Superfund account supports the Agency’s hazardous waste cleanup and site remediation program. The Committee recommendation of $1.5 billion is almost $500,000,000 less than the Agency’s budget request and is equal to last year’s appropriation. The Committee declined EPA’s longstanding request for an additional $650 million to accelerate cleanup of Superfund sites across the country. The money had been promised to EPA under conditional terms during consideration of the EPA 1998 appropriations bill. Disbursement of the funds was contingent upon Congress reauthorizing the Superfund law by May 15, 1998. The deadline was missed, and at this date it seems unlikely that the 105th Congress will reauthorize Superfund. Additionally, citing General Accounting Office (GAO) reports that list Superfund as a "high-risk program, subject to fraud, waste and abuse," the Committee refused to support increased funding for the program prior to reauthorization. Superfund has not been reauthorized since 1986.
Leaking Underground Storage Tank (LUST) Trust Fund– $75 million: The LUST Trust Fund account provides the Agency with funds to conduct corrective actions to stop releases from storage tanks of petroleum products or other hazardous substances. The Committee recommendation of $75,000,000 for the program is an increase of almost $4 million over the budget request and a increase of $10,000,000 over the 1998 appropriation.
Oil Spill Response – $15 million: The Oil Spill response account was authorized by the Clean Water Act in 1987 and amended by the Oil Pollution Act of 1990. It provides EPA with funds to prevent and respond to oil spills in navigable waters. The Committee recommendation of $15 million is $2.3 million below the Administration’s request and at the same level as 1998 funding.
State and Tribal Assistance – $3.25 billion: The State and Tribal Assistance Grants account provides funding to support the Clean Water and Safe Drinking Water State Revolving Fund (SRF) programs; state, tribal, regional and local environmental programs; and special projects to address critical water and wastewater treatment needs. The Committee’s recommendation of $3.25 billion is an increase of $325,343,000 over the Administration’s request and $41,875,000 above last year’s enacted level. The recommendation includes $1,400,000,000 for the Clean Water SRF and $800,000,000 for the Drinking Water SRF; $75,000,000 for water and wastewater projects along the U.S.-Mexico border; $30,000,000 for native Alaskan villages and $100,000,000 for special needs infrastructure projects. Among the special needs projects identified for funding are:
- $500,000 for Orange County, Calif., Water District and the County Sanitation District of Orange County for a ground water replenishment system
- $3,000,000 for the Milwaukee Metropolitan Sewerage District for the Central metropolitan improvement project
- $3,750,000 for the Passaic Valley Sewerage Commission (NJ) for wastewater improvements
- $4,000,000 for the St. Louis Metropolitan Sewer District Meramac River treatment plant improvements
Clean Water Action Plan funding is included in the State and Tribal Assistance account. S.2168 and its accompanying committee report, S.105-216, are available on-line at http://thomas.loc.gov//.
AMSA Efforts Secure $1 Million in House for Biosolids Partnership
The House Appropriations Subcommittee on VA, HUD & Independent Agencies agreed on June 18 to include $1 million for the National Biosolids Partnership in their 1999 budget recommendation for the Environmental Protection Agency (EPA). AMSA members have been actively engaged in securing funding for the Partnership, a joint effort of AMSA and the Water Environment Federation. Many AMSA members responded to a "call for action" by contacting their congressional delegation and requesting support for the Partnership. While this legislation still has to go through many more steps before it becomes law, the inclusion of our request is significant and bodes well for the success of the National Biosolids Partnership’s efforts to develop a Code of Management Practices.
The subcommittee recommended a total of $7.4 billion for the Agency in 1999. Included in this total is: $656 million for the Science and Technology Account; $1.85 billion for the Environmental Programs and Management Account (includes funding for the Partnership); $1.45 billion for the Superfund account; and, $3.23 billion for the State and Tribal Assistance Grants (STAG) account. Included in the STAG account is funding for the Clean Water ($1.25 billion) and Safe Drinking Water ($775 million) State Revolving Funds. According to mark-up notes obtained by the National Office, the legislation provides full funding for the portions the Administration’s Clean Water Action Plan funded though the Environmental Programs and Management and STAG accounts. As of this writing, the legislation has not been enrolled, so we are unable to provide members with a bill number. AMSA will continue to report new developments as they occur.
AMSA Members Sign Resolution Supporting Clean Water Action Plan
AMSA members assembled for the Association’s 1998 Annual Meeting passed a resolution supporting increased federal funding for the national clean water program. The resolution, signed by representatives from 41 AMSA member agencies, urges Congress to fund the Administration’s Clean Water Initiative, provide $2 billion annually to the Clean Water State Revolving Fund, and reinstate a federal grant program to address the most pressing water quality needs. Copies of the resolution were provided to all members at the meeting for distribution to Congressional delegations during Hill visits.
GOP Forms New Environmental Coalition
In an effort to counter negative PR from environmental organizations, the Republican Party has organized a new environmental group to "promote free-market solutions to environmental problems."
The Coalition of Republican Environmental Advocates (CREA) plans to promote the efforts of its membership with "Teddy Roosevelt" awards and issue ads during to assist heated campaigns. Grover Norquist, co-chair of CREA and president of Americans for Tax Reform, stated, "What we want to do is have a clean environment. That does not necessarily mean command economic controls."
The aim of the organization is "to transform the political debate over the environment by arguing the GOP is not opposed to environmental protection but simply prefers different approaches to achieving conservation." The coalition was formed to assist members in vulnerable seats during this year’s election cycle. Organizers are hoping that CREA can serve as a credible alternative to most national environmental organizations and can provide another perspective on how a member’s record on the environment has evolved.
Superfund Sponsor Calls for Senate Action
Senator Robert Smith (R-NH), chair of the Senate Environment & Public Works (EPW) Subcommittee on Superfund, Waste Control and Risk Management, is calling for Senate consideration of Superfund reauthorization legislation by August of this year. Senator Smith is the sponsor of S.8, the Superfund Cleanup Acceleration Act of 1997. The legislation was recommended for full Senate action by the EPW Committee last March without the support of committee Democrats.
On the House side, the Transportation & Infrastructure Subcommittee on Water Resources & Environment approved H.R.2727 for full committee consideration on March 11. Republicans on the committee unanimously supported the bill which failed to receive bipartisan support with only two Democrats voting in its favor.
H.R.2727 has been forwarded to the full Transportation & Infrastructure Committee, but whether the full committee will consider the legislation at all remains to be seen. Chairman Bud Shuster (R-PA) has said repeatedly that he will no call it up without bipartisan support. Senator Sherwood Boehlert D-NY), sponsor of H.R.2727 has stated that he will continue to work with Democrats to resolve remaining differences over the bill and garner their support. No action on either piece of legislation has been scheduled to date.
AMSA Plans Future Legislative Meetings
AMSA made the most of a recent day-long meeting of members involved in ongoing legislative initiatives by merging efforts and focusing on preparing for the 106th Congress in 1999. The Association had a number of initiatives underway in preparation for the reauthorization of the Clean Water Act. Included among them were negotiations with Governor’s representatives as part of the State/Local Clean Water Forum, development of Clean Water Act amendments to drive the legislation toward watershed management under the auspices of AMSA’s Legislative Working Group on Watershed Management, and AMSA’s recent efforts to focus attention on unresolved, primarily wet weather, issues through crafting legislative amendments. Association leaders decided the time was right to merge these efforts, consider strategy options, and organize in preparation for reauthorization of the Clean Water Act in the 106th Congress. To facilitate this, the former Legislative Working Group on Watershed Management was expanded to include additional individuals and is now functioning as the Legislative Working Group of the Legislative Policy Committee.
A day-long meeting and strategy session took place on Friday, May 15, just one day before the beginning of AMSA’s 1998 National Environmental Policy Forum & 28th Annual Meeting. Discussions focused on the status of ongoing initiatives, strategy options applicable to both AMSA’s legislative and regulatory agendas, and the identification of a series of issues for potential legislative amendment. Included on the issues list were combined and sanitary sewer overflows, stormwater, nonpoint source controls, water quality standards, watersheds, funding, and total maximum daily loads. Further development work is underway regarding potential AMSA positions —- and desired outcomes — on these issues. Other issues may also be identified.
Plans call for solicitation of member input in the coming weeks and a second meeting of the Legislative Working Group and AMSA’s Leadership on September 23 in Washington, DC. AMSA hopes to be in the position to craft legislative language relative to each issue following the September meeting — all in preparation for the beginning of the 106th Congress in January of 1999. This early organizational effort will serve the Association well and maintain its position of leadership in the debate over reauthorization of the Clean Water Act. AMSA members interested in participating actively in the effort should contact Paula Dannenfeldt at the National Office at 202/833-4654 or via e-mail at pdannenfeldt@amsa-cleanwater.org.
AMSA’s Legislative Policy Committee will meet on Wednesday, July 15 during AMSA’s 1998 Summer Conference, Water Quality Criteria & Standards...Facing Challenges, Making Choices. The meeting will be held in the Pueblo Room of the DoubleTree Hotel – World Arena in Colorado Springs, Colorado.
 |
 |