Clean Water Advocacy - Newsroom - AMSA in the News
Security Issues Cloud Future for Water Funding Legislation
By Maureen Lorenzetti
Lawmakers' interest in updating aging water infrastructure systems appeared
to be languishing as Congress prepared to quit for the fall elections in
mid-October.
Key legislation impacting industry remained on hold and it was unclear whether
Congress might consider infrastructure improvement or homeland security measures
in a special lame duck session in December.
House and Senate leaders said they were not prepared to rule anything out on a
possible special shortened legislative session that could be called before a
newly elected Congress comes to Washington in January.
Likely to be on the top of that truncated session is a discussion on a proposed
Department of Homeland Security. Congress has struggled for several months over
the size and scope of the new department. Bush administration officials
meanwhile have indicated that they favor the bulk of any new spending on water
infrastructure programs be for security purposes. A recent assessment of
potential terrorist targets by the White House found that water supplies were
especially vulnerable; however, the administration hasn't listed which cities
are the most at risk.
Further complicating the picture is the inability of Congress this year to pass
annual spending measures that fund the federal government, and with that, grant
money for various drinking water programs nationwide.
Spending bills
The House Appropriations Committee Oct. 9 approved an $8.2 billion bill for the
Environmental Protection Agency's new fiscal year, scheduled to start Oct. 1 but
delayed because of congressional logjams. But it remains unclear when the full
House will consider the measure. In the interim, Congressional budgetmakers are
expected to approve a spending stopgag measure called a continuing resolution,
that will keep water programs largely at existing 2002 levels until the 2003
spending bills are resolved later this year or early next year.
The pending 2003 measure passed in committee by voice vote. House Appropriations
Chairman Bill Young (R-FL) said the measure funds EPA "with an emphasis on state
grants, particularly in the areas of clean water and safe drinking water."
The bill includes the following of interest:
• Provides $8.2 billion for the EPA, $583 million above the President's request
and $126 million over fiscal year 2002 (FY02).
• Provides funding of $2.1 billion for Environmental Programs and Management,
$64 million above the request and $57 million above fiscal year 2002.
• Funds the Safe Drinking Water State Revolving Funds at $850 million, $25
million more than last year and the budget request.
• Funds Clean Water State Revolving Funds at $1.3 billion, nearly $100 million
above the request.
• Funds State Air Grants at $217 million, while Section 106 water grants are
increased to $195 million and section 319 non-point source pollution grants jump
to $250 million.
The Senate Appropriations Committee passed their own EPA spending bill last
July, but no floor action has occurred there either (WW 7/02).
Despite the budget stalemate, water infrastructures issues still remain very
much on the legislative radar, if not on the actual agenda. Jim Jeffords (I-VT),
chairman of the Senate Environment and Public Works Committee, held an Oct. 5
hearing commemorating the 30th anniversary of the Clean Water Act in which he
called on his colleagues to consider a water funding bill this year.
"We must take action to respond to America's call for cleaner water. We must
squarely address nonpoint source pollution. We must have a strong TMDL program
to move states more rapidly toward cleaning up our impaired waterways. It is
imperative that the TMDL rulemaking being undertaken by the Administration is a
'second step' in the program rather than a step backward," Jeffords said. "We
must invest in our nation's water infrastructure."
Two bills are pending before Congress. Jeffords' committee passed S. 1961 – the
Water Investment Act of 2002 – authorizing $35 billion over five years to help
fund wastewater and drinking water infrastructure projects through the Clean
Water Act and the Safe Drinking Water Act's state revolving fund programs. The
House Committee on Transportation & Infrastructure passed a similar measure,
H.R. 3930 – the Water Quality Financing Act of 2002 – authorizing $20 billion
for the Clean Water SRF program.
Both bills advocate principles of asset management, system sustainability, and
greater private sector involvement. Neither bill reached the floors of their
respective chambers for final consideration this session.
During the Oct. 5 hearing before the Senate committee, EPA's top water official,
Tracy Mehan, repeated the administration's earlier views that the top government
budget priority should be toward improving homeland security. Other issues can
and should be addressed as much as possible through the private sector, he said.
"The Administration does not support the authorization levels (in S. 1961) as
they do not reflect the President's priorities of defense and homeland security.
However, there are elements of the bills that we do support, such as new loan
conditions tied to utilities' fiscal sustainability. At the same time, we
continue to state that we want to make sure that the conditions operate in ways
that are workable for loan applicants and states alike, and that the SRFs can
continue to function to provide the needed kinds of assistance," the EPA
official said.
"Most infrastructure investment has been, and will continue to be, derived from
local sources, be they ratepayers or taxpayers. To meet these future challenges,
we believe our strategy should be fiscally responsible and sustainable. While
some of the goals and principles we have stated are reflected in legislation
before Congress, some represent actions that can be taken administratively,"
Mehan said.
Mehan told the committee that EPA plans to meet with stakeholders at a public
forum in the near future "to address the infrastructure challenge in new and
innovative ways. Ensuring that our infrastructure needs are addressed will
require a shared commitment on the part of the federal, state, and local
governments, private business, and consumers," Mehan said.
Security Funding
Jeffords, in early October, introduced legislation to authorize $185 million to
increase the safety and security of the nation's wastewater treatment plants.
The Wastewater Treatment Works Security and Safety Act of 2002 would provide
funds to assess vulnerability and implement security improvements. The bill also
would provide $15 million for grants to help small communities conduct
vulnerability assessments, develop emergency response plans, and address
potential threats to the treatment works.
The Association of Metropolitan Sewerage Agencies has endorsed the legislation.
The House of Representatives passed a similar bill, HR 5169, on September 5.
Jeffords plans to move his bill forward in cooperation with other members of the
EPW Committee and the House. However, it is unclear whether the bills will make
it to a full vote this session.
WaterWorld November, 2002