New Congress Inherits Much Unfinished Business

By Dawn Kristof

The 107th Congress concluded its business in late November, leaving town with little fanfare in contrast to the turmoil that marked its two-year session. From the terrorists attacks that shook the Nation on 9-11, to the anthrax letters that targeted Capitol Hill itself, this Congress will be remembered most for its homeland security initiatives and least for its environmental protection efforts.

As the political pundits attempt to characterize the makeup and priorities of the next Congress, it warrants a review of what was actually accomplished this past session and what remained behind for the 108th Congress to address in the environmental arena.

What Passed

• The Bioterrorism Act authorizing $160 million for drinking water systems to conduct vulnerability assessments.
• The Great Lakes Legacy Act authorizing $250 million to remediate contaminated sediment and conduct research to clean up the Great Lakes.
• The Farm Bill authorizing $5.2 billion for the Environmental Quality Incentives Program to help livestock and crop producers employ conservation practices.
• The Brownfields Revitalization Act authorizing $200 million annually to clean up lightly contaminated industrial sites.
• The Defense Authorization Act authorizing $7 billion for fiscal year 2003 for environmental management programs by the Department of Defense and the Department of Energy.

What Failed

• Legislation addressing long-term water infrastructure funding needs.
• Legislation providing assistance for wastewater treatment plants to conduct vulnerability assessments and undertake security enhancements.
• Legislation banning metyl-tertiary butyl ether (MtBE) and providing funds to clean up contaminated drinking water sites.
• Legislation to assist small systems comply with the arsenic rule.
• Legislation to fund research, development and demonstration projects to secure the nation's drinking water and wastewater infrastructure from physical and cyber attacks.
• Legislation to renew federal authority to spend money for the CALFED project.
• Legislation to create new science posts at EPA.
• A budget resolution.
• 11 out of the 13 appropriation bills for fiscal year 2003, including bills that would have restored budget cuts in the popular state revolving funds (SRFs) for water programs and for enforcement personnel. The 108th Congress convenes on January 7 with the Republicans in charge of both chambers. Their slight majority in the Senate will still require consensus building on the part of both leaderships for any legislation to get passed.

The very conservative Republican Senator from Oklahoma, James Inhofe , is slated to assume the chairmanship of the Senate Environment and Public Works Committee. His priorities include "streamlining" the Clean Air Act and reauthorizing the Surface Transportation Efficiency Act, each time consuming efforts that may push water-related initiatives into the following year. The chairmanships of the House Committees with jurisdiction over water issues will likely remain the same, though the composition of those committees may change as Members vie for positions on the new committees that will be formed to oversee the newly-created Department of Homeland Security.

The outlook for any substantial increases in funding for the clean water and drinking water SRF programs appears bleak. There seems to be general consensus that it will be harder next year to find the money to pay for existing programs, let alone new initiatives. The government could potentially operate for the balance of fiscal year 2003 under a 'continuing resolution' — meaning no increase in funding over fiscal year 2002 levels — since Congress will have to begin the fiscal year 2004 budget process in early February when the President unveils his proposal. The losers in this process will be those communities that bypass the SRF program and request special earmarked grants from Congress to fund their capital improvement projects. They would not be eligible to receive such grants when the government is operating under a continuing resolution.

WWEMA and other industry organizations will be working aggressively on Capitol Hill to preserve the SRF programs during these budgetary debates to ensure their continued viability as a predictable source of long-term financing for the drinking water and wastewater infrastructure.

About the author: Dawn Kristof is president of the Water and Wastewater Equipment Manufacturers Association. WWEMA was established as a national trade organization in 1908 and represents the nation's leading producers of water and wastewater technologies used in municipal and industrial applications worldwide.