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Wastewater and dam security, transit funding bills head to markup
HOMELAND SECURITY/WATER RESOURCES
E&E Daily
07/24/2002
Darren Samuelsohn and J.L. Laws, Environment & Energy Daily staff writers

The House Transportation and Infrastructure Committee on Wednesday will mark up a series of bills that deal with wastewater security, public transportation funding and dam safety.
The so-called Wastewater Treatment Works Security Act (H.R. 5169) is expected to see smooth sailing through the committee, according to a panel spokesman. The bill authorizes $200 million in grants to the Environmental Protection Agency for vulnerability assessments and security enhancements at publicly owned treatment facilities. The bill's cosponsors include Committee Chairman Don Young (R-Alaska), Committee ranking member James Oberstar (D-Minn.), Water Resources and Environment Subcommittee Chairman John Duncan (R-Tenn.) and Subcommittee ranking member Peter DeFazio (D-Ore.).
H.R. 5169 also would provide $15 million in technical assistance on security measures to small, publicly owned treatment works and $5 million to guide improvements in vulnerability self-assessment methodologies and tools.
Since the Sept. 11 attacks, most vulnerability assessment attention has focused on drinking water utilities. Congress appropriated $90 million in the FY '01 emergency supplemental (P.L. 107-117) while the bioterrorism legislation (P.L. 107-188) signed earlier this year by President Bush authorized another $160 million for FY '02 and beyond.
The Senate had sought to include the wastewater security items in the bioterrorism legislation. House conferees, however, rejected the request and the Transportation and Infrastructure Committee vowed to move legislation separately.
Despite the great amount of security planning underway or complete, a Transportation and Infrastructure subcommittee hearing in October still revealed wastewater infrastructure vulnerabilities had not received much attention, particularly as sewer pipes serve as a potential means of access to almost all public buildings. Treatment plant failures, the committee found, could lead to significant environment and public health effects.
Adam Krantz, a spokesman for the Association of Metropolitan Sewerage Agencies, said his organization is a backer of H.R. 5169. "We are very supportive of this bill," he said. "We believe it is an important part of making our critical infrastructure more secure and hope it passes quickly through the committee and ultimately both bodies."
Dam safety bill clears subcommittee markup
Clearing the way for Wednesday's committee action, the House Transportation and Infrastructure Economic Development, Public Buildings and Emergency Management Subcommittee signed of Monday on H.R. 4727, a bill to reauthorize the national dam safety program.
The bill, from Rep. Bill Shuster (R-Pa.), would require the director of the Federal Emergency Management Agency to prepare a strategic plan to establish national goals, priorities and target dates to improve dam safety. Language also calls for cooperation and coordination with state government departments.
The FEMA director would also be required to assist states in their dam safety programs and establish a review board to monitor state implementation of new procedures. Federal and state agency representatives would be allowed to participate in board meetings as nonvoting members.
Big picture, FEMA is among a number of government agencies that would be folded into the new Department of Homeland Security under the Bush administration's legislative proposal, as well as language adopted by House and Senate leaders. Also involved in hydropower security is the Army Corp of Engineers, which estimated that it will spend $65 million out of its FY '02 budget on guards and law enforcement, with all of those funds coming out of the agency's operations and maintenance account. Following the Sept. 11 attacks, the corps asked the White House Office of Management and Budget for $268 million for additional infrastructure security needs through the FY '01 emergency supplemental. Congress ultimately approved $139 million.
Community transit bill aims to ease growing pains
The committee will also mark up H.R. 5157, the Transit Operating Flexibility Act, introduced earlier this month by Young to ensure some communities that crossed the 200,000-population threshold under the latest census can still use certain federal funds for transit expenses through FY '03.
Under federal law, communities with more than 200,000 people cannot use certain federal grants to pay for transit operating expenses. Young argues the law could force several communities that didn't anticipate the change to shut down their transit services. By giving such communities another year to use matching federal transit grants for operating expenses for another year, they'll have a chance to adjust to their new urban status -- by planning not to use the federal grants for operating expenses after FY '03 -- without interrupting their transit services, Young said.
The bill does not change the amount of money affected communities would receive through the Transportation Equity Act for the 21st Century's federal transit grant program in FY '03, Young said.
Schedule: The markup is at 11 a.m., Wednesday, July 24, in 2167 Rayburn.