Members of Congress are home in their states and districts this week during a congressional recess, making this the perfect time for your utility to reach out to your federal elected officials and educate them on the importance of what you do every day to protect public health and the environment in your community.

Nutrient pollution, caused by excess nitrogen and phosphorus in waterways, is one of America's most widespread, costly, and challenging environmental problems. For the San Francisco Bay, the West Coast’s largest estuary and home to over seven million people, algal blooms, fish kills and other nutrient-related environmental impacts have generally not been seen despite 37 wastewater treatment plants discharging to the Bay without full-scale nutrient treatment.

The White House released its proposed FY2020 Budget on March 11. As in prior years, the Trump Administration is proposing major cuts for a broad range of discretionary non-defense programs and agencies, including to EPA and the Clean Water State Revolving Fund (CWSRF). The proposed budget’s accompanying narrative focuses strongly on prioritizing infrastructure spending, with particular attention paid to clean and safe water investment. Unfortunately, the proposed spending levels for water infrastructure programs suggest a different story and are significantly below current funding levels.

The US House Transportation & Infrastructure Committee’s Water Resources and Environment Subcommittee held a public hearing March 7 to examine the current state of the country’s clean water infrastructure. NACWA provided testimony and emphasized the critical role of federal funding for clean water infrastructure. At the hearing, NACWA Board Member Andy Kricun, Executive Director of the Camden County Municipal Utilities Authority in New Jersey, proposed solutions for the gowning infrastructure gap and challenging affordability concerns.

The US House Committee on Oversight and Reform’s Subcommittee on Environment held a hearing on March 6 entitled, “Examining PFAS Chemicals and Their Risks.” Dave Ross, EPA’s Assistant Administrator for the Office of Water testified in the hearing alongside Maureen Sullivan with the US Department of Defense (DoD). Also, Congressmen Dan Kildee (D-MI) and Brian Fitzpatrick (R-PA) testified on the per- and polyfluoroalkyl substances (PFAS) contamination in their respective districts, and the needs of their communities with existing cleanup and greater public health and environmental protection.

EPA announced March 8 that it is abandoning further legal efforts to delay implantation of the 2015 Clean Water Rule, leaving a regulatory patchwork across the country where the Rule is in effect in some states but not in others. For the time being, the 2015 Clean Water Rule is effective in 26 states. Pre-2015 jurisdictional regulations govern in the other 24 states.

NACWA submitted comments March 1 in response to a US Department of Agriculture (USDA) request for input on implementation of the 2018 Farm Bill. NACWA worked closely with Congress during development of the 2018 Farm Bill, advocating for strong conservation program funding, affirmation of the value that point-nonpoint source collaboration in a watershed can provide, and reforms to make it simpler for clean water utilities to participate in USDA programs such as the Regional Conservation Partnership Program (RCPP).

(March 12, 2019) - NACWA submitted comments this week on EPA’s proposed Fiscal Year (FY) 2020 – 2023 National Compliance Initiatives (NCIs). EPA’s proposal includes some important positive developments for the public clean water utility sector. Most notably, the proposal moves away from addressing sewer overflows through enforcement as a national enforcement priority. NACWA has devoted significant advocacy effort over recent years to secure this change.

The recent congressional hearing—hosted by the House Transportation & Infrastructure Committee's Water Resources and Environment Subcommittee—on advancing clean water infrastructure investment is yet more evidence that clean water issues are growing as a priority in Congress.

NACWA hosted a Hot Topics in Clean Water Law Webinar on March 6, featuring Susan E. Smith and Eric L. Klein—Principals with NACWA Legal Affiliate, Beveridge & Diamond—who addressed emerging Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) citizen suit legal theories and defense strategies, including the nexus with toxic tort litigation.