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Good enough for government work?

Posted on December 21, 2007 | Filed Under Government Affairs, Green Infrastructure, Healthy Waters, Policy Review

Gary Belan, Director of Healthy Waters Campaign
Healthy Waters, Catching the Rain

Actually, I’d say pretty good for government work. My colleague Katherine Baer and I got a message yesterday from Nancy Stoner over at NRDC that this language made it into the new Energy Bill (on its way to the President for signing as I type).

We had a talk with Nancy about this when it was in the early stages and we actually contributed some language. The part I’m most excited about is the inclusion of temperature. Most stormwater requirements only refer to rate or volume and rarely to temperature, because temperature is a harder requirement to meet particularly if you’re using detention ponds. With temperature included, I hope that this will lead to more infiltration based practices, which cools the water naturally and filters it too.

Thanks a bunch to Senator Cardin and the Clean Water Network for all the work they put into getting this passed. I’m pretty excited about this making it through.

SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FEDERAL DEVELOPMENT PROJECTS.

The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.

Stormwater Legislation & The Chesapeake Bay

Posted on October 29, 2007 | Filed Under Clean Water, Green Infrastructure, Healthy Waters, Mid-Atlantic, Policy Review

Gary Belan, Director of Healthy Waters Campaign
Healthy Waters, Catching the Rain

I was reading a recent post on the Baltimore Sun’s Bay & Environment Blog today, and I have to admit, I’m a little torn. The blog outlines new legislation in the Maryland legislature that would implement a fee on all households in order to pay for projects that would reduce or mitigate stormwater runoff going into the bay. I think this is a good idea, because in many cases, there just isn’t enough (or in many cases any)money being spent to reduce polluted stormwater runoff. This legislation would charge a fee to a homeowner based on the size of their home. The larger the home, the more runoff it produces, and the higher the fee.

There are two reasons I’m torn:

1. This legislation doesn’t seem to have any incentive for homeowners to reduce their footprint. There are incentives for businesses to reduce their impervious surfaces, but I feel like homeowners should have a fee reduction if they manage to build rain gardens or other green techniques to reduce their homes’ stormwater footprint.

2. This bill doesn’t do anything to help curb sprawl, which is a major contributor of stormwater pollution. There was a previous bill that tried to limit sprawl, but unfortunately it ran into too much resistance.

In general, I support this legislation because I think the Bay needs a dedicated source of funding to reduce stormwater pollution, and this bill is doing that by spreading costs around. Therefore it has pretty broad support from homebuilders. I think this is a good first step in reducing stormwater pollution, but I don’t think any progress can be made on saving our water, in particular the bay, until we start to manage our regional growth better.

I’m curious as to how other people feel about this. Is this good legislation? How can we better manage growth without running into resistance from farmers and builders? I’d like to hear your comments.

River Policy Week in Review

Posted on April 3, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Water Resources Development Act
The Senate Environment and Public Works Committee held a meeting to mark-up its version of the Water Resources Development Act of 2007 (WRDA) on Thursday, March 29^th. The bill, which passed favorably out of committee, is very similar to the bill that passed the Senate last year. It would authorize more than 200 water resources projects and includes several provisions to modernize the U.S. Army Corps of Engineers (Corps) that are supported by the environmental community. These include provisions to require independent peer review of controversial Corps projects or those costing more than $40 million, increase mitigation of unavoidable harm to rivers and wetlands, and require the rewriting of outdated Principles and Guidelines that determine how the Corps operates. At this time it is unclear when WRDA will receive floor time in the Senate. The House version, H.R. 1495, contains significantly weaker reform provisions and is expected to be taken up by the full House soon after members return from their spring recess on April 16.

Environmental Funding
On Thursday, March 29^th , the House of Representatives passed its budget resolution for Fiscal Year 2008 (FY 08). The nearly $3 trillion measure was passed by a 216-210 vote and now heads to conference with the Senate. Included in the House resolution is $32.8 billion for FY 08 function 300 spending, the primary funding source for most environmental and natural resource programs. The Senate budget resolution, which passed on March 23^rd, includes $31.322 billion for function 300 spending. While both the House and Senate levels for environmental funding are higher than the FY 07 level and the Bush Administration’s FY 08 request, they both fall short of the FY 05 funding level of $33.039 billion. For more information on the river community’s funding priorities for FY 08, please see the FY 08 River Budget.

New River Bills
A large number of river and water related bills were introduced in Congress last week including S. 1057 by Sen. Richard Burr (R-NC) to designate the New River in Virginia and North Carolina as Wild and Scenic and H.R. 1816 by Rep. Connie Mack (R-FL) to restore the Caloosahatchee River in Florida.

River Policy Week in Review

Posted on March 27, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Environmental Funding
On Friday the Senate approved an almost $3 trillion budget resolution for fiscal year 2008 (FY 08). The Senate bill contains $31.322 billion for the function 300 account, the primary funding source for most of the environmental and natural resource programs at EPA, the Interior Department, the National Oceanic and Atmospheric Administration and the Agriculture Department.

A similar version was passed by the House Budget Committee last week and is expected to be taken up by the full House on Wednesday. The House resolution includes $32.8 billion for function 300. Both House and Senate function 300 requests are higher than last years funding level and President Bush’s request for FY 2008. Check out the FY 08 River Budget for the river community’s recommended funding level for FY 08.

Another funding issue facing Congress this week is the Emergency Supplemental spending bill for the war in Iraq. This $121.6 billion spending bill passed the House last week and was favorably voted out of the Senate Appropriations Committee on Thursday. The full Senate is expected to take up the bill sometime this week. The bill includes $60.4 million for salmon fishers and tribes in Northern California and Oregon to address the salmon fishery failure on the Klamath River and $94 million for the Army Corps of Engineers to repair 213 sites in the levee system on the Sacramento and San Joaquin rivers damaged by storms last year.

Water Resources Development Act
Momentum for H.R. 1495, the Water Resources Development Act (WRDA) has slowed in spite of the efforts by House Transportation and Infrastructure Chairman James Oberstar (D-MN) and it is now unlikely that the House will consider the bill until after they return from the two-week April recess. A mark-up of the Senate version of WRDA is also unlikely to occur until after the recess.

River Policy Week in Review

Posted on March 20, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Salmon Economic Analysis and Planning Act
Last Tuesday, Rep. Jim McDermott (D-WA) and Rep. Tom Petri (R-WI) introduced H.R. 1507, the Salmon Economic Analysis and Planning Act (SEAPA), in the House of Representatives. The bill, previously known as the Salmon Planning Act, authorizes independent economic and scientific review of federal salmon restoration efforts in the Pacific Northwest by the National Academy of Sciences (NAS) and the Government Accountability Office (GAO). If enacted, the authorized studies will look at all options, including dam removal, in order to ensure that Congress has the most up-to-date, comprehensive, and unbiased information to make decisions about the future of salmon and steelhead populations in the Columbia and Snake River Basin. H.R. 1507 was referred to the House Committee on Natural Resources. A companion bill has not yet been introduced in the Senate.

Water Resources Development Act
Last week the House Committee on Transportation and Infrastructure held subcommittee and full committee mark-ups on H.R. 1495, the Water Resources Development Act of 2007 (WRDA). A full House vote on WRDA may take place before the House breaks for its two-week April recess. Even after Hurricane Katrina brought to light the need for modernization of the methods the Army Corps of Engineers uses to manage the nation’s water resources, the Committee-passed bill is similar to a bill passed by the House in the summer of 2005, prior to Katrina and without adequate reform provisions.

The Senate Committee on Environment and Public Works is expected to mark up its own version of WRDA soon, which is likely to be similar to the Senate version passed in 2006. If Chairman Barbara Boxer (D-CA) is unable to convince her committee to adopt reform provisions that address the need for independent peer review of major projects, prioritization of the $58 billion backlog, upgrades to the principles and guidelines that dictate how the Corps operates, and increased mitigation of unavoidable harm to rivers and wetlands, Sen. Russ Feingold (D-WI) and Sen. John McCain (R-AZ) will likely attempt to add these provisions by amendment when WRDA reaches the Senate floor.

Both the House and Senate are planning to reject the addition of any new projects to WRDA to help speed its passage. A second WRDA bill, authorizing additional water resource projects, may be introduced later in the 110^th Congress after the existing bill is signed into law.

Wild and Scenic Rivers
Last week, Sen. Edward Kennedy (D-MA) and Sen. John Kerry (D-MA) introduced S. 868, a bill that would designate the segment of the Taunton River in Massachusetts between the confluence of Town River and Matfield River in Bridgewater to Mount Hope Bay in Fall River as part of the National Wild and Scenic Rivers System. The bill was referred to the Committee on Energy and Natural Resources. Rep. Barney Frank (D-MA) and Rep. James McGovern (D-MA) introduced a similar bill, H.R. 415, in January.

River Policy Week in Review

Posted on March 13, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Water Infrastructure Bills
Last week the House of Representatives passed much needed legislation to improve the nation’s aging wastewater infrastructure. H.R. 720, The Water Quality Financing Act of 2007. The House bill, which was sponsored by Rep. James Oberstar (D-MN), reauthorizes the Clean Water State Revolving Fund (SRF) for four years at $14 billion, a much needed funding boost that will help close the gap between wastewater infrastructure needs and current spending levels.

During floor consideration, Rep. John Hall (D-NY) and Rep. Earl Blumenauer (D-OR) offered an amendment to help curb sprawl by prioritizing spending on existing projects rather than subsidizing the building of new developments. The amendment, which was strongly supported by the conservation community, passed by voice-vote.

Also passing the House last week with a vote of 367-58 was H.R. 569, the Water Quality Investment Act of 2007, sponsored by Rep. Bill Pascrell (D-NJ). The bill would authorize $1.8 billion over 5 years to address the problem of sewer overflows. States and communities will have to pay an estimated $140 billion to upgrade their aging sewer systems and H.R. 569 authorizes limited federal assistance. Last week Sen. Olympia Snowe (R-ME) and Sen. Frank Lautenberg (D-NJ) introduced S. 836, companion legislation to the House bill. The bill was referred to the Committee on Environment and Public Works.

H.R. 700, the Healthy Communities Water Supply Act of 2007 also passed the House last week with a vote of 368-59. H.R. 700, which is sponsored by Rep. Jerry McNerney (D-CA), increases investment in alternative water projects by authorizing a $125 million pilot program. The U.S. Environmental Protection Agency (EPA) pilot program would fund projects intended to provide water from alternative sources.

Owyhee Initiative Agreement Act
Sen. Mike Crapo (R-ID) reintroduced S. 802, the Owyhee Initiative Agreement Act, which addresses rural development and public resource management concerns in southwestern Idaho. Unfortunately, the bill undercuts Wild and Scenic river protection by failing to provide the rivers with the riparian corridor protection usually conveyed by the Wild and Scenic designation. The measure also releases certain lands from their Wilderness Study Area designations. Conservationists hope that the bill can be strengthened to provide real protection for the cultural heritage and free-flowing rivers and streams of Idaho. The bill was referred to the Senate Committee on Energy and Natural Resources.

River Policy Week in Review

Posted on February 27, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

On February 15^th, Representative John Salazar (D-CO) introduced H.R. 1098, The Dam Rehabilitation and Repair Act of 2007. If enacted this bill would establish a program within the Federal Emergency Management Agency (FEMA) to provide grant assistance to states in order to repair, replace, reconstruct, or remove publicly owned dams that do not meet the safety standards of the state. A similar bill was introduced in the 109^th Congress by former Rep. Sue Kelly (R-NY), who lost her bid for reelection in the fall. Rep. Kelly’s bill would have authorized $250 million for the program over 4 years, while H.R. 1098 would authorize $200 million over a period of 5 years. H.R. 1098 was referred to the House Committee on Transportation and Infrastructure.

River Policy Week in Review

Posted on February 20, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Wild and Scenic River Bills
Last week, several river related bills were introduced in Congress. Representative Joe Courtney (D-CT) and Senator Chris Dodd (D-CT) introduced H.R. 986/ S. 553, The Eightmile Wild and Scenic River Act. This bill would designate 25.3 miles of the Eightmile River in Connecticut as a National Wild and Scenic River and is strongly supported by state and local officials. The bills were sent to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources.

Also last week, Senators Gordon Smith (R-OR) and Ron Wyden (D-OR) introduced S. 647, “The Lewis and Clark Mount Hood Wilderness Act of 2007,” which would protect almost 80 miles of rivers in Mount Hood National Forest through Wild and Scenic River designations. Included in the proposed designation are portions of the East Fork Hood River, Middle Fork Hood River, Zig Zag River, Eagle Creek, Fifteen Mile Creek, South Fork Roaring River, South Fork Clackamas River, and Collowash River and Fish Creek.

Army Corps of Engineers Reform
Also introduced last week by Senators Russ Feingold (D-WI) and John McCain (R-AZ) was S. 564, The Water Resources Planning and Modernization Act of 2007. The bill would address the flawed planning process the Army Corps of Engineers (Corps) uses to carryout the nation’s water projects. The Corps modernization provisions, which are supported by conservationists and taxpayer groups, include requiring independent peer review of any Corps projects costing more than $40 million dollars, revisions to the outdated principles and guidelines that dictate how the Corps operates, and mitigation of unavoidable impacts to rivers and wetlands.

Environmental Funding
Also on Wednesday, the House Transportation and Infrastructure Committee held a hearing to address the Bush Administration’s fiscal year 2008 budget requests for the U.S. Environmental Protection Agency and the Army Corps of Engineers, which were released on February 5^th. Members of the Committee criticized the Administration for proposing cuts to the Clean Water Act State Revolving Fund and for insufficient funding for Army Corps projects.

The budget request for the Environmental Protection Agency is $7.2 billion, with $688 million requested for clean water funding, nearly $400 million less than the fiscal 2007 level of $1.08 billion. The Administration’s budget request for the Army Corps is $4.9 billion, a 3% increase over last year’s request, but $470 million less than the amount appropriated in fiscal 2006.

River Policy Week in Review

Posted on February 13, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

Water Bills Pass in the House
Last week the House passed several water-related bills under a suspension of the rules, which requires a two-thirds majority to gain approval. After passing the House, the following bills were received in the Senate and referred to the Committee on Energy and Natural Resources:

H.R. 482: The American River Pump Station Project Transfer Act of 2007. This bill, which was sponsored by Rep. John Doolittle (D-CA), directs the secretary of the Interior Department to transfer ownership of the American River Pump Station Project in Auburn, California to the Placer County Water Agency.

H.R. 386: The Yakima-Tieton Irrigation District Conveyancy Act of 2007. This bill, sponsored by Rep. Doc Hastings (R-WA), authorizes the secretary of the Interior to convey certain buildings and lands of the Yakima Project in Washington to the Yakima-Tieton Irrigation District.

H.R. 235: This bill, sponsored by Rep. Mike Thompson (D-CA), would allow for the renegotiation of the payment schedule of contracts between the secretary of the Interior and the Redwood Valley County Water District.

H.R. 356: This bill, sponsored by Rep. Howard “Buck” McKeon (R-CA), would remove certain restrictions on the Mammoth Community Water District’s ability to use certain property acquired by that district from the United States.

Wastewater Infrastructure Bills
On Wednesday, February 7^th, the House Transportation and Infrastructure Committee marked up and passed three water quality and supply bills by voice-vote. The first, H.R. 720, the Water Quality Financing Act, sponsored by Committee Chairman, Rep. James Oberstar (D-MN), reauthorizes the Clean Water State Revolving Loan Fund at $20 billion through Fiscal Year 2012. While the bill would help close the existing gap between wastewater infrastructure needs and current spending levels, conservationists hope the bill can be improved when it comes to the House floor by increasing the use of green infrastructure, enhancing public participation and discouraging urban sprawl.

The Committee also approved H.R. 569, the Water Quality Investment Act of 2007 and H.R. 700, the Healthy Communities Water Supply Act. H.R. 569, sponsored by Rep. Bill Pascrell (D-NJ), seeks to authorize $3 billion in grants over six years to address the nation’s sewer overflow problem. H.R. 700, sponsored by Rep. Jerry McNerney (D-CA), extends the pilot program for alternative water source projects.

Wild and Scenic River Designation Bill
Also last week, Senator Barbara Boxer (D-CA) and Representative Hilda Solis (D-CA) each introduced the California Wild Heritage Act of 2007, S. 493 and H.R. 860 respectively. The legislation seeks to protect over 2.4 million acres of California public lands and watershed through Wilderness land designations and Wild and Scenic River designations. The pair of California lawmakers introduced similar legislation last Congress.

River Policy Week in Review

Posted on February 6, 2007 | Filed Under Policy Review

Eileen Fretz, Government Affairs Assistant
Government Affairs Week in Review

On Wednesday, January 31 the Senate Energy and Natural Resources Committee held a meeting to mark up a number of bills, which were then reported out of committee. Included in the mark-up were the following pieces of legislation which concern water or dam safety legislation:

S. 200 Alaska Water Resources Act of 2007

S. 220 Southern Idaho Bureau of Reclamation Repayment Act of 2007

S. 232 Watershed Restoration and Enhancement Agreements Act of 2007

S. 235 Yakima-Tieton Irrigation District Conveyance Act of 2007

S. 255 New Mexico Water Planning Assistance Act

S. 263 Deschutes River Conservancy Reauthorization Act of 2007

S. 264 Wallowa Lake Dam Rehabilitation and Water Management Act of 2007

S. 265 Little Butte/Bear Creek Subbasins Water Feasibility Act

S. 266 North Unit Irrigation District Act of 2007

The Water Resources and Environment Subcommittee of the House Transportation and Infrastructure Committee met on Wednesday, January 31, and marked up three pieces of legislation addressing water infrastructure. H.R. 720, The Water Quality Financing Act of 2007, which was introduced Tuesday by Rep. James Oberstar (D-MN), would reauthorize the State Revolving Fund (SRF) that supports infrastructure financing under the Clean Water Act. The authorization for the SRF expired at the end of 1992; although the SRF has continued to receive annual appropriations without an official authorization, the level of funding has dropped dramatically over the last five years.

H.R. 700, the Healthy Communities Water Supply Act, was also marked up by the subcommittee. The bill would amend the Clean Water Act to authorize grants for the repair and replacement of combined sewer overflows and sanitary sewer overflows and would extend the pilot program for alternative water source projects.

The third bill, H.R. 569, The Water Quality Investment Act of 2007, would reauthorize appropriations to municipalities to control combined sewer overflows (CSOs) and sanitary sewer overflows (SSOs). All three were approved by voice vote and were referred to the full committee.

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