May 2013 Senate Passes Water Resources Development Bill

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1 May 2013 Senate Passes Water Resources Development Bill The Senate May 15 approved the Water Resources Development Act of 2013 (WRDA) (S. 601), which would authorize the US Army Corps of Engineers (USACE) navigation, flood control, storm damage reduction, beach nourishment, ecological restoration, water supply and levee safety projects. The vote was The bill would spend $5.9 billion through To overcome a Congressional earmark ban it would authorize USACE to construct projects with completed reports and a positive recommendation to Congress. In addition, the bill includes provisions establishing a levee safety program and creates a new loan and loan guarantee program to create water and wastewater projects modeled after the popular Transportation Infrastructure Finance and Innovation Act (TIFIA) program. The legislation also attempts to address concerns with project delays by streamlining several environmental review provisions to establish penalties for agencies that miss review deadlines. Before final passage, the Senate approved a provision limiting environmental streamlining provisions to 10 years. Many environmental groups and the Obama Administration oppose the new streamlining provisions, asserting that they will jeopardize the environment at the expense of building projects. House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) has indicated that his committee hopes to take up a WRDA bill later this summer.

2 Senate Agriculture Committee Passes Five Year Farm Bill The Senate Agriculture Committee May 14 passed a five-year Farm Bill (S.10) by a vote of 15-5 after considering nearly 50 amendments. The legislation authorizes agricultural, environmental, and community assistance programs and would spend $955 billion over 10 years. The bill is expected to save $23 billion over the next 10 years by eliminating or consolidating hundreds of agriculture programs. The bill authorizes several programs that support public works and rural communities, such as the Water, Waste Disposal and Wastewater Facility Grants and Loans program and the Rural Business Development Grants program. The Water, Waste Disposal and Wastewater Facility Grants and Loans program provides grants and loans to public agencies for projects that support water treatment in rural communities. The Rural Business Development Grants program provides grants to public agencies for business development, planning, technical assistance or job training in rural areas. As a member of the Healthy Waters Coalition, APWA advocated for a provision of the Regional Conservation Partnership Program that ensures nutrient management activities that improve water quality receive priority conservation funding. That provision was retained in this year s bill. The bill is expected to come to the Senate floor for a vote as early as May 20. The House Agriculture Committee held a markup of its bill May 15. The last Farm Bill was enacted in 2008 and expired in Congress approved a partial extension on January 1 to extend several expired Farm Bill programs. Water Infrastructure Resiliency and Sustainability Act Introduced Rep. Lois Capps (D-CA) reintroduced the Water Infrastructure Resiliency and Sustainability Act of 2013 (HR 765), which will offer competitive matching funds to help the nation s water, wastewater and stormwater agencies undertake projects to adapt their infrastructure to extreme weather events and changing hydrological conditions. Eligible projects include efforts to conserve water or increase efficiency in its use, preserve or improve water quality, rebuild or relocate threatened infrastructure, protect source waters and ecosystems and implement advanced treatment technologies such as water reuse and recycling. Matching grants will be awarded on a competitive basis to owners or operators of systems who wish to increase their resiliency or adaptability to climate change. The legislation was referred to committee for further consideration. A Senate companion bill has not yet been introduced in this session of Congress.

3 APWA, Water Organizations Tell Appropriators More Infrastructure Funding Needed APWA joined a group of water sector associations in submitting testimony to the House Appropriations Subcommittee on Interior, Environment and Related Agencies, urging appropriators to disregard the Administration s budget request and increase funding for water infrastructure programs in the fiscal year (FY) 2014 budget. The President s budget proposal provides $1.9 billion for the annual federal contribution to Drinking Water and Clean Water State Revolving (DWSRF & CWSRF) Loan Fund programs, a reduction of $472 million. The testimony asks Appropriators to fund the CW and DW SRF programs at the FY 2012 funding levels of $1.466 billion and $918 million, respectively. APWA joined the Association of State Drinking Water Administrators, the Association of Clean Water Administrators, American Water Works Association, American Metropolitan Water Companies, Council of Infrastructure Financing Authorities, the National Association of Clean Water Agencies and the Water Environment Federation in submitting the testimony. House-Passed Bill Expands Information Sharing to Improve Cybersecurity The House of Representatives approved legislation aimed at strengthening cybersecurity by expanding voluntary information sharing of cyber threats between government and the private sector. Sponsored by House Permanent Select Committee on Intelligence Chair Mike Rogers (R-MI), the Cyber Threat Intelligence and Sharing Protection Act of 2013 (HR 624) also provides liability protection to companies and limits the government s use and retention of classified cyber threat information. The legislation has been referred to the Senate Select Committee on Intelligence for consideration. The House passed the bill by a vote of on April 18. During the 112 th Congress, the House approved a similar bill, which died in the Senate. The Senate Select Committee has yet to take action on the current House bill. Medical Countermeasures Legislation Introduced in House Rep. Gus Bilirakus (R-FL) has introduced a bill authorizing use of Urban Area Security Initiative and State Homeland Security Grant Program funding for medical preparedness, medical surge capacity and mass prophylaxis in the event of a biological terror attack, manmade disaster or pandemic. Introduced April 26, the Medical Preparedness Allowable Use Act of 2013 (HR 1791) is awaiting consideration by the House Homeland Security Committee. The legislation amends the Homeland Security Act of The Emergency Services Coalition for Medical Preparedness sent a letter to Rep. Bilirakus in support of the legislation, emphasizing that it would enable emergency services including public works more confidently to carry out their tasks. APWA Emergency Management Committee member, Christine Walsh, currently represents APWA on this coalition. To view the coalition letter, click on this link:

4 FEMA Releases National Planning Frameworks The Federal Emergency Management Agency (FEMA) released three of the five National Planning Frameworks directed in Homeland Security Presidential Policy Directive 8 (HSPPD-8). These National Planning Frameworks, released May 6, document the roles and responsibilities of the whole community, focusing on how all aspects of a community (from first responders to its citizens) work together before, during and after an emergency. There is one Framework for each of the five mission areas: Prevention, Protection, Mitigation, Response and Recovery. The National Disaster Recovery Framework was the first to be released in September 2011, and the National Protection Framework is currently under development. The National Response Framework is based on the 2008 version. The Frameworks illustrates an all-of-nation approach to preparedness, offering real-life examples of what people and communities are doing to ensure a resilient nation. Each Framework outlines the following: Summarizes the roles and responsibilities of each part of the whole community Defines each mission area s core capabilities, along with examples of critical tasks Defines coordinating structures either new or existing that enable the whole community to work together to deliver the core capabilities Describes the relationships to the other mission areas Identifies relevant information to help with operational planning Provides information that all levels of government can use to revise their operational plans Uses concepts from existing preparedness efforts, such as the National Incident Management System To download the National Planning Frameworks and view the tutorial, go to Opportunities to provide input are available via the online forum at and through FEMA s website at FEMA to Kick Off Hurricane Preparedness Week In anticipation of the 2013 Hurricane Season, which begins June 1 and extends through November 30, the Federal Emergency Management Agency (FEMA) will be launching Hurricane Preparedness Week from May 26 through June 1. Hurricane Preparedness Week provides an opportunity for communities nationwide to take the time to prepare for all emergencies as hurricane season approaches. FEMA is encouraging the public to promote action on this important issue by joining FEMA s Pledge to Prepare ( The Pledge identifies the critical elements of readiness by educating those in hurricane prone areas to know their risk and take appropriate actions to prepare, as mitigation and preparedness activities can save lives and minimize property damage.

5 In making the Pledge to Prepare, FEMA encourages the following steps to make communities more prepared. Know Your Risk: Be informed. Hurricane hazards come in many forms such as storm surge, high winds, tornadoes and flooding. Make A Plan: Develop a family emergency plan that includes how to communicate if power or telecommunications are disrupted. Build a Kit: Create or update emergency supply kits, and remember to save important papers electronically in a safe place. Get Involved: Volunteer in your community s Citizen Emergency Response Team by visiting Join the 30,000 members of the National Preparedness Coalition at and share what you have done to prepare with communities and preparedness professionals across the country. FEMA has developed free online tools that can be personalized to help spread the message of hurricane preparedness. These tools are located on under the Resources tab. APWA Testimony Urges Timely Implementation of MAP-21 In a statement submitted for a House Subcommittee hearing, APWA President Elizabeth Treadway stressed the importance of partnerships and timely implementation of provisions to expedite project delivery as key to successful implementation of MAP-21. The House Highways and Transit Subcommittee recently held a hearing to obtain state and local perspectives on the progress of MAP-21 implementation. APWA s statement, submitted for the record, calls for a strong local-state-federal partnership, because, while the US Department of Transportation provides oversight and assistance, state and local governments manage projects and carry out program requirements on a daily basis. In addition, the statement addressed the importance that MAP-21 s reforms expediting project delivery be implemented quickly and as intended by the statute. The statement also stresses the need to begin work on a successor to MAP-21 in order to resolve a looming funding shortfall in MAP-21 expires September 30, 2014.

6 Bill Would Extend Truck Size, Weight Restrictions to NHS Sen. Frank Lautenberg (D-NJ) re-introduced legislation May 7 that would apply existing federal truck size and weight limits to the entire National Highway System (NHS). Currently these restrictions apply only to Interstate highways. The purpose of the legislation is to improve safety and prevent excessive strain on roads, tunnels and bridges. The Safe Highways and Infrastructure Preservation Act of 2013 (SHIPA) would apply the current limits of 80,000 pounds and maximum length of 53 feet for tractor-trailer trucks to the entire NHS, while still allowing certain exemptions, including for firefighting equipment. The NHS includes both Interstate highways and smaller national highways. Most truck size and weight restrictions already apply to the 44,000-mile Interstate Highway System. The bill would extend certain restrictions to the much bigger 220,000-mile NHS. The bill will also expand the current freeze of triple-tractor trailer operations on Interstates to apply to the broader NHS. Rep. Jim McGovern (D-MA) has sponsored a companion bill in the House of Representatives. MAP-21 requires the US Department of Transportation to complete a truck size and weight study by November Anthony Foxx Nominated to be Next USDOT Secretary President Obama has nominated Charlotte, NC Mayor Anthony Foxx to be the next US Transportation Secretary. In announcing the nomination, Obama credited Foxx, who became Mayor in 2009, with bringing jobs and economic growth to the city as a result of some of the largest transportation investments in the city s history. Since Foxx took office, the city has broken ground on a new streetcar project, expanded the city s international airport and is extending the city s light rail system. Prior to serving as mayor, Foxx was a member of the Charlotte City Council and practiced law. He also worked for the Civil Rights Division of the Justice Department. If confirmed by the Senate, Foxx would replace Ray LaHood, who announced earlier this year he intended to step down as Secretary of Transportation but would stay in the job until his successor was sworn in. Sen. Jay Rockefeller (D-WV), who chairs the Senate Commerce, Science and Transportation Committee, said he will hold a confirmation hearing before the end of the month. The Secretary of Transportation leads an agency with more than 55,000 employees and a $70 billion budget and oversees air, maritime and surface transportation missions.

7 Next Round of TIGER Grants Available The US Department of Transportation (USDOT) has announced the availability of $474 million for a fifth round of the TIGER (Transportation Investment Generating Economic Recovery) competitive grant program to fund surface transportation projects that have a significant impact on the nation, a region or metropolitan area. Applications are due June 3. To view the Notice of Funding Availability, visit: Projects eligible for TIGER grants include highways and bridges, public transportation, passenger and freight rail transportation and marine port infrastructure investments. Grants may range in size from $10 million to $200 million. Grants to rural areas may be for less than $10 million, but must be more than $1 million. No less than $120 million must be awarded to projects in rural areas. The four previous rounds of TIGER provided $3.1 billion to support 218 projects in all 50 states, the District of Columbia and Puerto Rico. Demand for the program has been overwhelming. There have been more than 4,050 applicants requesting more than $105.2 billion over the previous rounds. More than 100 of the TIGER grants were awarded directly to city or county governments that are otherwise unable to directly access traditional sources of federal funding for their projects. TIGER funds must be obligated before October 1, The limited amount of time means the Department will give priority to projects that are ready to proceed quickly. In addition to project readiness, primary selection criteria include improving the condition of existing transportation facilities and systems; contributing to the economic competitiveness of the United States and creating and preserving jobs; increasing transportation choices and access to transportation services for people in communities across the U.S.; improving energy efficiency, reducing dependence on oil and reducing greenhouse gas emissions; and improving safety. FHWA Seeks Comments on Pavement Types in Traffic Noise Analyses The Federal Highway Administration (FHWA) is requesting comments on expanding the specific pavement types used in federal-aid highway traffic noise analyses. Current highway traffic noise analyses rely on data from three pavement types: dense-graded asphaltic concrete (DGAC), open-graded asphaltic concrete (OGAC) and Portland cement concrete (PCC). Prediction of future noise levels is based on the average pavement type, calculated as the average of the DGAC and PCC vehicle noise emission levels. FHWA invites comments and suggestions on whether and how to include additional pavement types in Federal-aid highway traffic noise analyses. Comments must be received on or before July 8, More information, including how to submit comments, is in the May 8 th Federal Register: