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Infrastructure bill on fast track with Wednesday markup
Water Resources
Daily
03/18/2002
The House Transportation and Infrastructure Committee opted late last week to
move much faster than expected on H.R. 3930, scheduling a markup for Wednesday
on $20 billion legislation to revamp the Clean Water Act's wastewater
infrastructure account.
Hill sources said the fast track to a markup came about because the bill, also
known as the Water Quality Financing Act of 2002, received a surprisingly high
level of support from stakeholders upon its introduction last Tuesday. Among
other things, H.R. 3930 would increase the Clean Water State Revolving Loan
Fund's authorization levels by $1 billion per year until it reaches $6 billion
in 2007.
In an interview last week following the House's first legislative hearing on
H.R. 3930, the bill's lead sponsor, Water Resources and Environment Subcommittee
Chairman John Duncan (R-Tenn.), would not comment on a mark-up date except to
say he hoped to have the bill ready for President Bush before the end of the
legislative session. Rep. Peter DeFazio (D-Ore.), ranking member of the panel
and a cosponsor of H.R. 3930, said he did not expect a markup to occur until
some time after the spring recess.
The White House has come out in opposition to H.R. 3930, as well as S. 1961,
legislation in the Senate that addresses both drinking water and wastewater
infrastructure, because their funding levels are not in step with other fiscal
priorities related to the war on terrorism both domestically and abroad. But
Environmental Protection Agency Deputy Assistant Administrator Benjamin Grumbles
said in an interview last week that though the Bush administration's thumbs down
is not intended to discourage Congress from its work on the issue, adding that
the debate is "more than looking at the right dollar amount."
Industry and environmental groups in support of the bill said they hoped to
eventually twist the administration's arm on the issue by arguing H.R. 3930
would serve as an economic stimulus, with estimates that 30,000 to 50,000 jobs
are created for every $1 billion spent on infrastructure projects.
It was unclear at press time last Friday what would happen in terms of
amendments during the markup. The most pressing issue, no doubt, will be whether
or not lawmakers try to include language requiring the inclusion of Davis-Bacon
prevailing wages for infrastructure construction. An aide to Rep. Ellen Tauscher
(D-Calif.), sponsor of a competing water infrastructure bill with Rep. Sue Kelly
(R-N.Y.), said a vote on Davis-Bacon would not be unanimous but would still
garner enough support to pass because there are enough pro-labor Republicans on
the committee. The aide said Davis-Bacon is likely to be addressed through a
manager's amendment; adding that if it isn't, Tauscher would push the issue.
Further, the aide said Tauscher does not plan to push her bill, H.R. 3792, as a
substitute to H.R. 3930.
The Duncan/DeFazio measure takes on a broad range of areas related to the SRF,
which currently is authorized at $1.35 billion a year. H.R. 3930 would require
states to develop within a year a method for prioritizing water infrastructure
projects based on water quality benefits and affordability. With that, states
would be required to develop by FY '04 an integrated priority list of all
projects and activities that seek SRF assistance, including nonpoint source and
treatment efforts.
Provisions applauded by stakeholders last week include a call to direct states
to consider funding the most environmentally friendly projects and a requirement
that states use 25 percent of their SRF money above an annual $1.4 billion
threshold for additional infrastructure subsidization. Ken Kirk, executive
director of the Association of Metropolitan Sewerage Agencies, said he approved
of the latter provision, as well as the House bill's conditions for financial
assistance, explaining that they appeared to be less burdensome than language in
S. 1961. Paul Schwartz of Clean Water Action said he backed the environmental
components of the bill.
H.R. 3930 also would authorize $15 million a year for a new program for rural
and small community technical assistance; reauthorize the Clean Water Act
Section 106 state pollution control grant program to $250 million a year; and
require states to use at least 15 percent of the federal contribution to the SRF
for assistance to communities with populations smaller than 20,000 people.
Looking ahead, sources said the House markup may speed up the Senate and the
House Energy and Commerce Committee, which has jurisdiction over drinking water
infrastructure but has so far not dealt with the issue because of bioterrorism
legislation that is currently in conference with the upper chamber. Bailey Wood,
a spokesman for Rep. Paul Gillmor (R-Ohio), chairman of the Energy and Commerce
Water Subcommittee, said Gillmor's attention would shift to infrastructure once
the conference was finished, something that is now not expected until after the
spring recess. In the Senate, the Environment and Public Works Committee had
planned a markup for S. 1961 on March 21 but postponed the session until after
the break because of several overarching issues concerning the bill, committee
sources said.
Before reaching the floor, H.R. 3930, should it pass the Transportation and
Infrastructure Committee, would still have to go to the Ways and Means Committee
because of its inclusion of private activity bond language addressing
alternative financing mechanisms for infrastructure projects.
Schedule: The markup will be at 11 a.m., Wednesday, March 20, in 2167 Rayburn.
-- Darren Samuelsohn