The summer doldrums season started as expected, but it sure isn’t ending that way. The incredible turn(s) of events during and after the Blagojevich trial, the sudden resignation of Jerry Stermer, Governor Quinn’s Chief of Staff, and the beginning of fairly heavy campaign advertising by gubernatorial candidates have made for an interesting August, to say the least.
First and foremost, the governor has completed action on all of the bills that were sent to him by the legislature. However important those initiatives are, the one burr under the saddle that the governor continues to wrestle with is the budget. Announcements of cuts have been made continually but the statements are not long on detail. The one thing that hasn’t changed is that everything appears to be in the same flux now as it was on July 1 when the state fiscal year began.
When Governor Quinn announced the resignation of Stermer and the appointment of Michelle Stadler it marked another in a rather long line of missteps and embarrassing circumstances that he has had to endure over the last few months. Just at the time when his election campaign should running on “all eight cylinders” it sounds like it needs a major tune-up very badly. GOP gubernatorial candidate Bill Brady has been taking full advantage by stopping just short of comparing Quinn’s fumbles to the “icon of stumbles” former President Gerald Ford. Public opinion polls have not been kind to Quinn and he has just about 63 days to turn the public around before they go to their precincts to vote.
Brady has had a good summer … with one exception. When pressed by the press to provide some detail as to how he would keep his promise to balance the state budget without raising taxes he has demurred, indicating that he would not do so before the election. With the state budget crisis taking a toll on everyone, and with the high level of uncertainty, there deserves to be a debate on the actual fiscal plans of all candidates so the public can make informed choices. So far, the “informed” part of the campaigns has been extremely lacking.
Labor Day is the traditional start to the fall election campaigns, although in modern times that “start” has been pushed ahead to Memorial Day. But, once school starts and summer vacations are over the intensity of campaign season begins its upswing, so be prepared, this is going to be one of the most interesting and important elections in a long time.
Target Season
With campaign season about to “spin out of the turn” and head for home here is a review of our thoughts on the General Assembly incumbents or races that will be targeted by both parties. There isn’t any official listing, but these do represent our best judgment as to who might be in the political crosshairs in November.
There are twenty Senate races this year. Seven should be targeted. Democrats in the Senate have 37 seats. The GOP will have to win eight to get control. If the year turns extremely ugly for Democrats it could happen, but a mild voter uprising probably won’t do it … it will take a tsunami.
• 10th District – the open seat is being vacated by retired Sen. James DeLeo (D-Chicago).
• 22nd District - Sen. Michael Noland – surprise winner in 2006, opponent is former Sen. Steve Rauchenberger.
• 31st District – Sen. Michael Bond – surprise winner in 2006 in a very Republican district
• 40th District – Sen. Toi Hutchinson – an appointee in 2009 so GOP may test her ability to connect with voters.
• 43rd District – Sen. A.J.Wilhelmi – shouldn’t be on target list but they tried to knock his opponent, a “tea party” darling, off the ballot and it got national publicity. The effort failed but his opponent is gaining some name recognition.
• 49thDistrict – Sen. Deanna DeMuzio – the district can be fickle and can yield some less than favorable results. She’s going to have to work hard to maintain this seat.
• 52nd District – Sen. Michael Frerichs – a freshman who has taken some courageous stands on some issues of controversy. The GOP will test him.
In the House, everyone is up for re-election. Democrats hold 70 seats so the GOP will have to win eleven to take the reins. There are twelve Democratic seats and four Republican seats that may be in play.
GOP Seats (4)
• 17th District – Rep.Beth Coulson vacates this seat. Dems have come close before and have an aggressive candidate who did well last time.
• 69th Distirct – Rep. Ron Wait is retiring. This is a GOP seat but Dems might take a chance.
• 102th District – Rep. Ron Stephens has had some problems and Dems will try to see if they can parley his troubles into a win.
• 104th District – Rep. Bill Black is retiring. Black held on to this seat in a Democratic area for decades. With him leaving Dems should make a push.
Democratic Seats (12)
• 36th District– Rep. James Brosnahan retired but the person nominated to replace him has had a few problems. Expect the GOP to try to make November interesting here.
• 37th District- Rep. Kevin McCarthy represents a conservative south suburban area and hasn’t had a tough race in ten years so the GOP will try to keep him busy.
• 43rd District – Rep. Keith Farnham – surprise winner in 2008 being challenged by former Rep. Ruth Munson, whom he defeated. The district is considered to be a Republican one.
• 44rd District – The GOP feels that it might be able to crimp Rep. Fred Crespo’s re-election plans in this northwest suburban area.
• 56th District – Rep. Paul Froehlich is retiring and the GOP is salivating to get this seat back.
• 59th District – Rep. Carol Sente is a new appointee so the GOP will test her. The southern Lake County district leans Republican but had elected Rep.Kathy Ryg for a number of years.
• 66th District – Rep. Mark Walker was a surprise winner in 2008. He is being challenged by former Rep. David Harris who left the legislature in 1992.
• 71th District – Rep. Michael Boland is retiring. The GOP has been very competitive in his Quad City area and will put on a major effort to win this seat.
• 85th District – Rep.Emily McAsey was a surprise winner in 2008 in a GOP leaning area. They would like to have the seat back.
• 98th District – an open seat where the GOP has always been very competitive. Rep. Gary Hannig, who resigned to become Secretary of Transportation, kept the seat for 30 years. His wife was appointed to succeed him but she’s not seeking election.
• 101st District – Rep, Bob Flider will get some competition in this Decatur area district where the GOP can be very competitive.
• 112th District – Rep. Jay Hoffman was Gov. Rod Blagojevich’s floor leader. The GOP will do their best to remind his constituents of that.
Legislative Retirements
Senate District 10 – Sen. James DeLeo has officially retired. He has been replaced by Sen, John Mulroe who is also the Democratic nominee to replace him. This district has always been tenuously Democratic so it will be a prime GOP target in November.
House District 35 – Rep. Kevin Joyce (D- Chicago) has resigned from the House and from the November election ballot. Bill Cunningham has been appointed to run for election in Joyce’s spot, but no replacement has as yet been named to fill the office vacancy. Cunningham has stated that he does not desire to be appointed but wants to assume office upon being elected. Since the next legislative session is not scheduled until late November … after the election … it’s possible that he can be appointed to fill the vacancy after he officially “wins” on November 2. This is a safe Democratic district so the chances of Cunningham losing are remote, at best.
Legislation of Interest
The governor has completed action on all bills sent to him by the legislature.
SB 580 – DuPage Water Commission. Terminates the appointments of current board members. New members will be appointed by the DuPage County Board. The legislation also specifies the powers and duties of various Commission personnel. Specifies that beginning June 1, 2016 any taxes currently imposed will no longer be continued unless approved by referendum. (Current Status – Approved – PA 96-1389)
SB 3070 - Provides that if a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois Environmental Protection Agency. Requires the Agency to approve, and the owner or operator to implement, the plan. Upon completion of the plan, requires the owner or operator to submit a response completion report to the Agency. Provides that any action taken by the Agency to disapprove or modify a plan or report may be appealed to the Illinois Pollution Control Board. (Current Status – Approved – PA 96-1366)
Tuesday, August 31, 2010
Monday, August 30, 2010
Comment Period Extended for the Proposed Revised Total Coliform Rule
Comment Period Extended for the Proposed Revised Total Coliform Rule The U.S. Environmental Protection Agency (EPA) is extending by 30 days the public comment period for a proposed National Primary Drinking Water Regulation, the Revisions to the Total Coliform Rule (RTCR), which was published in the Federal Register on July 14, 2010. The comment period for the proposed RTCR now ends October 13, 2010.
The proposed RTCR applies to all public water systems and offers a meaningful opportunity for greater public health protection beyond the current Total Coliform Rule by requiring systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal. Anyone seeking to submit comments must follow the procedures specified in the SUMMARY section of the proposal as published in the Federal Register notice (75 FR 40926).
The proposed RTCR applies to all public water systems and offers a meaningful opportunity for greater public health protection beyond the current Total Coliform Rule by requiring systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action. This extended comment period will afford greater opportunity to all interested parties to review and submit comments on the proposal. Anyone seeking to submit comments must follow the procedures specified in the SUMMARY section of the proposal as published in the Federal Register notice (75 FR 40926).
Tuesday, August 17, 2010
Updates from USEPA - 8-17-10
1) EPA Conducts Outreach on Drinking Water Strategy The U.S. Environmental Protection Agency (EPA) will gather feedback on the new drinking water strategy in-person and online. It will present an overview of the Agency’s new Drinking Water Strategy at listening sessions on August 19, 2010 to obtain feedback from the public and stakeholders on possible approaches to implementing the strategy.
The California and Nevada section of American Water Works Association, in coordination with EPA Region 9, will sponsor the listening session from 10 am to noon PST in Cucamonga, CA.
These meetings will conclude a series of four listening sessions on the specific proposal of addressing contaminants as group(s). EPA will consider feedback, ideas, and perspectives from the public and stakeholders presented at the listening sessions as we develop the agenda for the upcoming Drinking Water Strategy stakeholder meeting and the framework for addressing contaminants as group(s).
This week, EPA also launches an online discussion forum about the strategy. Each segment of the strategy will be posted for comment and discussion. The forum will be open for about a month. You can participate by going to http://blog.epa.gov/dwstrat.
Information on the exact locations of the listening sessions can be found at http://www.epa.gov/safewater/sdwa/dwlistening.html.
For more information on the Drinking Water Strategy, visit www.epa.gov/safewater/sdwa/dwstrategy.html.
2) EPA Seeks Public Comment on Draft of Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual EPA has released a draft of the Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual for public review and comment. The draft guidance manual provides public water systems and primacy agencies with guidance on complying with and implementing the assessment and corrective action requirements of the proposed Revised Total Coliform Rule (RTCR).
Under the proposed RTCR, public water systems that are vulnerable to microbial contamination in the distribution system (as indicated by their monitoring results for total coliforms and E. coli) are required to assess the problem and take corrective action. The proposed corrective action requirement may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure.
The draft guidance manual provides information on the common causes of total coliform and E. coli occurrence in the distribution system, how to conduct assessments to identify possible causes of contamination (“sanitary defects”), and corresponding corrective actions that systems can take to correct the problem.
The draft guidance manual is currently available online at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation.cfm. Please submit your comments and suggestions to prtcr_acaguide@epa.gov by November 30, 2010.
The California and Nevada section of American Water Works Association, in coordination with EPA Region 9, will sponsor the listening session from 10 am to noon PST in Cucamonga, CA.
These meetings will conclude a series of four listening sessions on the specific proposal of addressing contaminants as group(s). EPA will consider feedback, ideas, and perspectives from the public and stakeholders presented at the listening sessions as we develop the agenda for the upcoming Drinking Water Strategy stakeholder meeting and the framework for addressing contaminants as group(s).
This week, EPA also launches an online discussion forum about the strategy. Each segment of the strategy will be posted for comment and discussion. The forum will be open for about a month. You can participate by going to http://blog.epa.gov/dwstrat.
Information on the exact locations of the listening sessions can be found at http://www.epa.gov/safewater/sdwa/dwlistening.html.
For more information on the Drinking Water Strategy, visit www.epa.gov/safewater/sdwa/dwstrategy.html.
2) EPA Seeks Public Comment on Draft of Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual EPA has released a draft of the Proposed Revised Total Coliform Rule Assessments and Corrective Actions Guidance Manual for public review and comment. The draft guidance manual provides public water systems and primacy agencies with guidance on complying with and implementing the assessment and corrective action requirements of the proposed Revised Total Coliform Rule (RTCR).
Under the proposed RTCR, public water systems that are vulnerable to microbial contamination in the distribution system (as indicated by their monitoring results for total coliforms and E. coli) are required to assess the problem and take corrective action. The proposed corrective action requirement may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure.
The draft guidance manual provides information on the common causes of total coliform and E. coli occurrence in the distribution system, how to conduct assessments to identify possible causes of contamination (“sanitary defects”), and corresponding corrective actions that systems can take to correct the problem.
The draft guidance manual is currently available online at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation.cfm. Please submit your comments and suggestions to prtcr_acaguide@epa.gov by November 30, 2010.
Tuesday, August 10, 2010
Regarding: Urgent Call to Action in the US Senate!
At the recent summer workshop in Denver, Tom Curtis described and section leaders discussed a new way to advocate on behalf of our utility membership: “Fly Ins” held in the state offices of your Senators and the district offices of your Representatives. The idea is that the AWWA Washington Office (working with the Water Utility Council)would identify critical and timely issues in Congress, develop materials for use by the sections, and issue a “call to action” at the grass roots level. Sections would then organize meetings in their Senators’ and Representatives’ local offices, and delegations representing our membership would meet with their Senators or Representatives (or their staff). By using the same AWWA materials to advocate on behalf of our utility members, we would ensure a common message in all states. We believe this represents an effective way to make AWWA even stronger as the voice of the water community in national affairs. This activity is not a substitute for the Washington DC Fly In – which we will still hold each spring – but in fact reinforces and multiplies the effectiveness of the Washington DC Water Matters! Fly In.
We are now entering the Congressional August recess, when many members of Congress will be at home in their state and district offices. And there are two timely and important issues on which we need your help. These are: SRF reform legislation. The House has passed legislation that streamlines the State Revolving Fund program for both water and wastewater and significantly expands authorized funding levels for these programs. Now the Senate Committee on Environment and Public Works has passed a companion bill. We would like the full Senate to pass the SRF bill and for Congress to send a bill to the President this year.
Chemical security legislation. The House has passed a bill which does several good things but also takes ultimate decision authority for the choice of disinfectant away from many water and wastewater systems. In contrast, the Senate Homeland Security Committee has reported a bill that extends the current program – from which the water sector is exempt – for another three years. We would like to see the Senate pass the Homeland Security Committee bill without amendment and insist the House accede to that bill in conference.
Please consider scheduling a meeting with your Senators during the August recess at one or more of their state offices. In addition or instead, please consider asking the utilities in your state to write their Senators in support of the AWWA position. Because it is likely that more than one person in your section has received this memo, it is very important that you coordinate section activities through one point of contact, such as the section chair. We will not be well served by different individuals seeking meetings with Senators on behalf of the same membership.
We have prepared several kinds of material to help in this effort:
• To identify the locations of your Senators’ state offices, please go to
http://www.senate.gov/general/contact_information/senators_cfm.cfm
• To download a letter template, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_letter_template.doc
• To download background papers that you can place on your own Section or utility
letterhead, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_Alert_SRF.doc and
http://www.awwa.org/files/GovtPublicAffairs/August_Alert-chemical.doc
• To download this whole package, including “Tell-Ask” talking points, please go
to http://www.awwa.org/files/GovtPublicAffairs/August_Alert_package.pdf
For questions or comments, please get in touch with one of us via phone or e-mail. Our website has our contact information if you don’t already have that. Many thanks for considering this kind of grassroots advocacy! Remember, if we don’t advocate on behalf of utilities and their customers, who will?
August XX, 2010
The Honorable XXXXXX XXXXXXXXXXX
United States Senate
Washington, DC 20510
Dear Senator XXXXXXXXXXXXXX,
Two urgent issues are facing the Senate that affect the provision of safe drinking water in the United States: chemical security and financing investment in water infrastructure.
The Senate Committee on Homeland Security and Governmental Affairs recently reported out an improved version of chemical security that it received from the House, H.R. 2868. The Senate version, which is an amendment in the nature of a substitute, extends the current chemical security program for the chemical industry for another three years and maintains the existing exclusion of water utilities. Drinking water and wastewater utilities are very different from chemical industries, with unique public health and public safety missions that could be compromised if they are treated like industry.
That is why we are asking you to vote for H.R. 2868 as reported by the Senate Homeland Security Committee without amendment on the Senate floor. The other issue, investment in water infrastructure, centers around S. 1005, a bill that would not only boost funding for the drinking water and wastewater state revolving loanfund (SRF) programs, but make needed administrative improvements in those programs.
The Senate Committee on Environment and Public Works reported out that bill last summer. Please ask Senate leadership to bring S. 1005 to the floor of the Senate, and please vote for it.
We have attached two background documents that further explain these issues. We look forward to discussing these issues with you further as they develop in the Senate.
Sincerely,
CHEMICAL FACILITY SECURITY
• Action Requested: Vote for the chemical security legislation, H.R. 2868, that was reported out of the Senate Committee on Homeland Security and Government Affairs as is, without amendment.
Background
Legislation authorizing chemical facility security anti-terrorism standards (CFATS) expires in September of this year and the Senate Committee on Homeland Security and Government Affairs has reported out a bill, H.R. 2868, to extend the program another three years. While drinking water and wastewater utilities are currently exempt from CFATS, there is interest in Congress in ending those exemptions. The Senate Committee on Environment and Public Works is considering legislation that would expand federal chemical security programs to the water sector. The House did this in its earlier version of H.R. 2868.
However, since September 11, 2001, the water sector has already taken significant steps to address homeland security concerns. Water systems serving more than 3,300 people have developed vulnerability assessments and emergency response plans. Most have restricted access and enacted other measures to secure critical assets, including chemical supplies.
AWWA has invested significant resources in developing tools and standards that water systems use to ensure they are meeting the highest level of performance on security issues. In light of the steps the water sector has already taken to address security, it could make sense to require periodic updates of vulnerability assessments and security plans. It does not make sense (and could cause harm) to prohibit the use of particular chemicals, including chlorine gas, which is the aim of some well meaning, but misguided groups.
Drinking water utilities have been handling gaseous chlorine for more than 100 years and are well aware of what is required to safeguard this tool, from secure storage sites to scrubbers that neutralize leaks to warning systems. Utilities have addressed perimeter security at treatment facilities and reservoirs for years. Utilities that use certain chemicals are already subject to the risk management planning provisions under section 112(r) of the Clean Air Act; to emergency
planning and community notification provisions under the Emergency Planning and Community Right to Know Act; and to additional state and local standards for safe storage and handling of hazardous chemicals. When Congress passed the Public Health Protection and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act), which required vulnerability assessments and updates to existing emergency response plans, the water sector took those requirements several steps further and developed extensive training programs and tools for utilities.
Here are some other steps the water sector has taken to improve security:
A Guide to Choosing the Appropriate Disinfectant Disinfectants are the primary chemicals of concern in water security discussions, with chlorine gas the particular target. AWWA understands that the choice of disinfectant is based on a variety of critically important local factors, such as local water chemistry, local pathogens,environmental factors, and local infrastructure. In that light, AWWA in 2009 prepared a guide to assist drinking water and wastewater systems in re-evaluating their choice of disinfectant titled, Selecting Disinfectants in a Security Conscious Environment. The guide describes a step-bystep process to evaluate disinfection options that meets the unique needs of each water, wastewater, and water reuse system.
Selecting Disinfectants builds on existing water sector engineering practices, manuals of practice, costing tools, and public communication techniques to address disinfection objectives, both statutory and those set by the community served; reflect local circumstances; compare disinfection options consistently; take into account operational, process, and supply-chain reliability factors; as well as environmental, operator, and community safety considerations;
provide transparency in the decision-making process; and incorporate appropriate risk communication within the decision-making process and the community.
Development of Security Standards
AWWA formed a partnership with the American Society of Mechanical Engineers’ (ASME’s)
Innovative Technologies Institute last year to develop a standard for analyzing and managing the risks associated with malevolent attacks and naturally occurring hazards against critical water infrastructure. The final document received certification from ANSI this summer. It is titled, “ANSI/ASME-ITI/AWWA J100-10 Risk Analysis and Management for Critical Asset Protection (RAMCAP®) Standard for Risk and Resilience Management of Water and Wastewater Systems.”
This guidance is based on a methodology used for other critical infrastructure, called Risk Analysis and Management for Critical Asset Protection (RAMCAP®). When applied to the water sector, RAMCAP provides a consistent, efficient and technically sound methodology to identify, analyze, quantify and communicate the level of risk and resilience (i.e., the ability to withstand disruption or to quickly return to an acceptable level of service after an interruption) and the benefits of risk reduction and resilience enhancement. It provides a process for identifying security vulnerabilities, consequences and incident likelihood and provides methods to evaluate the options for reducing these elements of risk. The RAMCAP standard does include recognition of the effort undertaken to meet the requirements of the 2002 Bioterrorism Act.
Water Sector Security Organizations
The Water Sector Coordinating Council was formed in the fall of 2004 to enhance communications about security issues among water professionals, the U.S. Department of Homeland Security and the U.S. Environmental Protection Agency. The Water Information Sharing and Analysis Center (WaterISAC) provides immediate, on-line sharing of threat and incident information among those institutions. The men and women who operate drinking water systems consider securing the water they treat and provide to their consumers to be an inherent and daily part of their jobs and calling.
Water and Wastewater Agency Response Networks (WARNs)
Most states now have a WARN, a network of utilities helping other utilities to respond to and recover from emergencies. WARNs provide a method whereby water/wastewater utilities that have sustained or anticipate damages from natural or human-caused incidents can provide and receive emergency aid and assistance in the form of personnel, equipment, materials, and other associated services as necessary from other water/wastewater utilities. They provide rapid, short-term deployment of emergency services to restore the critical operations of the affected water/wastewater utility.
###
Talking points for your use in meetings; do not leave behind
Chemical Facility Security
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• Drinking water utilities have already performed vulnerability assessments, updated emergency response plans, developed security standards, developed decision methodologies for choosing disinfectants, and performed other security measures under existing laws.
• A drinking water utility is a public safety & public health service, and is generally an instrument or agency of local government.
• Congress therefore exempted water utilities from chemical facility law of 2006.
• The Senate Committee on Homeland Security and Governmental Affairs has reported out a bill, H.R. 2868, to extend the current chemical security program for the chemical industry for another three years. The committee approved an amendment in the nature of a substitute to the original House bill.
• Another Senate committee, Environment and Public Works, is considering legislation that would include water utilities in chemical facility security regulation even though certain provisions would be inappropriate for water utilities.
• A particular concern is a provision that allows state officials to second guess decisions by local officials on which chemicals to use.
• Choice of disinfectants and other chemicals reflect characteristics of local waters & infrastructure to ensure public safety and health is protected.
• The choice of disinfectants has to be made locally.
Ask
• Your senator to vote for H.R. 2868 as reported out of the Senate Committee on Homeland Security without amendment.
Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.
Leave
• The leave-behind paper (if this is a personal visit) packet, and a business card or other contact information.
Support Improvement of the State Revolving Loan Fund;
Bring to the Floor and Pass S. 1005
• Action Requested: Support reform and expanded capitalization of state revolving loan fund programs for drinking water and wastewater. To that end, the Senate should bring to the floor and vote for S.1005, the Water Infrastructure Financing Act.
Background: High-quality drinking water and wastewater systems are essential to public health, business, and quality of life in the United States. AWWA and others have documented that our water and wastewater infrastructure is aging and that many communities must begin to increase their levels of investment in the repair and rehabilitation of water infrastructure in order to protect public health and safety and to maintain environmental standards.
AWWA has long believed that Americans are best served by water systems that are self sustaining through rates and other local charges. However, we recognize that at present, some communities need assistance due to hardship or special economic circumstances. According to the US Conference of Mayors, in 2004-2005 Americans invested $84 billion in water and wastewater infrastructure, of which more than 95 percent represented state and local funds without subsidies or federal assistance.
The primary federal role in water infrastructure is one of leadership. Among other things, that role includes demonstrating and encouraging:
• Utility use of modern asset management tools and full-cost pricing;
• Use of rate structures that accommodate low and fixed-income customers as much as
practical;
• Adoption of green technologies and approaches such as water and energy conservation, water reuse, and non-traditional stormwater management;
• Use of cost-saving watershed and regional strategies, such as system consolidation,
regional management, and cooperative approaches among water, wastewater, and highway agencies within a region; and
• Use of advanced procurement and project delivery methods. S. 1005 contains elements of all of these roles. There is also an important role for the federal government in lowering the cost of capital for water and wastewater investments. Almost 70 percent of American communities use bonds to finance local infrastructure. They pay billions of dollars in interest costs each year. Lowering the cost of borrowing for water and wastewater infrastructure is an important way to leverage local funding and help America rebuild and rehabilitate our aging water infrastructure.
The House of Representatives has passed legislation to boost funding and make administrative improvements to the drinking water SRF program (H.R. 5320) and the wastewater SRF program (H.R. 1262). Action is needed quickly in the Senate to bring this issue to a conference committee.
America does not face a water infrastructure crisis at the present, but action is needed now to avert more serious problems in the years to come.
###
Talking points for your use in meetings; do not leave behind
State Revolving Loan Fund Legislation, S. 1005
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• The drinking water community has long been sounding the warning that the nation needs to invest in drinking water infrastructure.
• Needs are large and we need federal leadership.
• The state revolving loan fund (SRF) program – which provides low-cost loans to water systems that revolve to other water systems as they are paid back – is a sound approach, but needs more capital and some administrative improvements.
• S. 1005, reported out of the Senate Committee on Environment and Public Works last summer makes such improvements to the SRF program.
Ask
• Please urge Senate leadership to bring S. 1005 to the floor of the Senate.
• Vote for S. 1005.
Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.
Leave
• The leave-behind paper (if this is a personal visit) and a business card or other contact information.
We are now entering the Congressional August recess, when many members of Congress will be at home in their state and district offices. And there are two timely and important issues on which we need your help. These are: SRF reform legislation. The House has passed legislation that streamlines the State Revolving Fund program for both water and wastewater and significantly expands authorized funding levels for these programs. Now the Senate Committee on Environment and Public Works has passed a companion bill. We would like the full Senate to pass the SRF bill and for Congress to send a bill to the President this year.
Chemical security legislation. The House has passed a bill which does several good things but also takes ultimate decision authority for the choice of disinfectant away from many water and wastewater systems. In contrast, the Senate Homeland Security Committee has reported a bill that extends the current program – from which the water sector is exempt – for another three years. We would like to see the Senate pass the Homeland Security Committee bill without amendment and insist the House accede to that bill in conference.
Please consider scheduling a meeting with your Senators during the August recess at one or more of their state offices. In addition or instead, please consider asking the utilities in your state to write their Senators in support of the AWWA position. Because it is likely that more than one person in your section has received this memo, it is very important that you coordinate section activities through one point of contact, such as the section chair. We will not be well served by different individuals seeking meetings with Senators on behalf of the same membership.
We have prepared several kinds of material to help in this effort:
• To identify the locations of your Senators’ state offices, please go to
http://www.senate.gov/general/contact_information/senators_cfm.cfm
• To download a letter template, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_letter_template.doc
• To download background papers that you can place on your own Section or utility
letterhead, please go to
http://www.awwa.org/files/GovtPublicAffairs/August_Alert_SRF.doc and
http://www.awwa.org/files/GovtPublicAffairs/August_Alert-chemical.doc
• To download this whole package, including “Tell-Ask” talking points, please go
to http://www.awwa.org/files/GovtPublicAffairs/August_Alert_package.pdf
For questions or comments, please get in touch with one of us via phone or e-mail. Our website has our contact information if you don’t already have that. Many thanks for considering this kind of grassroots advocacy! Remember, if we don’t advocate on behalf of utilities and their customers, who will?
August XX, 2010
The Honorable XXXXXX XXXXXXXXXXX
United States Senate
Washington, DC 20510
Dear Senator XXXXXXXXXXXXXX,
Two urgent issues are facing the Senate that affect the provision of safe drinking water in the United States: chemical security and financing investment in water infrastructure.
The Senate Committee on Homeland Security and Governmental Affairs recently reported out an improved version of chemical security that it received from the House, H.R. 2868. The Senate version, which is an amendment in the nature of a substitute, extends the current chemical security program for the chemical industry for another three years and maintains the existing exclusion of water utilities. Drinking water and wastewater utilities are very different from chemical industries, with unique public health and public safety missions that could be compromised if they are treated like industry.
That is why we are asking you to vote for H.R. 2868 as reported by the Senate Homeland Security Committee without amendment on the Senate floor. The other issue, investment in water infrastructure, centers around S. 1005, a bill that would not only boost funding for the drinking water and wastewater state revolving loanfund (SRF) programs, but make needed administrative improvements in those programs.
The Senate Committee on Environment and Public Works reported out that bill last summer. Please ask Senate leadership to bring S. 1005 to the floor of the Senate, and please vote for it.
We have attached two background documents that further explain these issues. We look forward to discussing these issues with you further as they develop in the Senate.
Sincerely,
CHEMICAL FACILITY SECURITY
• Action Requested: Vote for the chemical security legislation, H.R. 2868, that was reported out of the Senate Committee on Homeland Security and Government Affairs as is, without amendment.
Background
Legislation authorizing chemical facility security anti-terrorism standards (CFATS) expires in September of this year and the Senate Committee on Homeland Security and Government Affairs has reported out a bill, H.R. 2868, to extend the program another three years. While drinking water and wastewater utilities are currently exempt from CFATS, there is interest in Congress in ending those exemptions. The Senate Committee on Environment and Public Works is considering legislation that would expand federal chemical security programs to the water sector. The House did this in its earlier version of H.R. 2868.
However, since September 11, 2001, the water sector has already taken significant steps to address homeland security concerns. Water systems serving more than 3,300 people have developed vulnerability assessments and emergency response plans. Most have restricted access and enacted other measures to secure critical assets, including chemical supplies.
AWWA has invested significant resources in developing tools and standards that water systems use to ensure they are meeting the highest level of performance on security issues. In light of the steps the water sector has already taken to address security, it could make sense to require periodic updates of vulnerability assessments and security plans. It does not make sense (and could cause harm) to prohibit the use of particular chemicals, including chlorine gas, which is the aim of some well meaning, but misguided groups.
Drinking water utilities have been handling gaseous chlorine for more than 100 years and are well aware of what is required to safeguard this tool, from secure storage sites to scrubbers that neutralize leaks to warning systems. Utilities have addressed perimeter security at treatment facilities and reservoirs for years. Utilities that use certain chemicals are already subject to the risk management planning provisions under section 112(r) of the Clean Air Act; to emergency
planning and community notification provisions under the Emergency Planning and Community Right to Know Act; and to additional state and local standards for safe storage and handling of hazardous chemicals. When Congress passed the Public Health Protection and Bioterrorism Preparedness and Response Act of 2002 (Bioterrorism Act), which required vulnerability assessments and updates to existing emergency response plans, the water sector took those requirements several steps further and developed extensive training programs and tools for utilities.
Here are some other steps the water sector has taken to improve security:
A Guide to Choosing the Appropriate Disinfectant Disinfectants are the primary chemicals of concern in water security discussions, with chlorine gas the particular target. AWWA understands that the choice of disinfectant is based on a variety of critically important local factors, such as local water chemistry, local pathogens,environmental factors, and local infrastructure. In that light, AWWA in 2009 prepared a guide to assist drinking water and wastewater systems in re-evaluating their choice of disinfectant titled, Selecting Disinfectants in a Security Conscious Environment. The guide describes a step-bystep process to evaluate disinfection options that meets the unique needs of each water, wastewater, and water reuse system.
Selecting Disinfectants builds on existing water sector engineering practices, manuals of practice, costing tools, and public communication techniques to address disinfection objectives, both statutory and those set by the community served; reflect local circumstances; compare disinfection options consistently; take into account operational, process, and supply-chain reliability factors; as well as environmental, operator, and community safety considerations;
provide transparency in the decision-making process; and incorporate appropriate risk communication within the decision-making process and the community.
Development of Security Standards
AWWA formed a partnership with the American Society of Mechanical Engineers’ (ASME’s)
Innovative Technologies Institute last year to develop a standard for analyzing and managing the risks associated with malevolent attacks and naturally occurring hazards against critical water infrastructure. The final document received certification from ANSI this summer. It is titled, “ANSI/ASME-ITI/AWWA J100-10 Risk Analysis and Management for Critical Asset Protection (RAMCAP®) Standard for Risk and Resilience Management of Water and Wastewater Systems.”
This guidance is based on a methodology used for other critical infrastructure, called Risk Analysis and Management for Critical Asset Protection (RAMCAP®). When applied to the water sector, RAMCAP provides a consistent, efficient and technically sound methodology to identify, analyze, quantify and communicate the level of risk and resilience (i.e., the ability to withstand disruption or to quickly return to an acceptable level of service after an interruption) and the benefits of risk reduction and resilience enhancement. It provides a process for identifying security vulnerabilities, consequences and incident likelihood and provides methods to evaluate the options for reducing these elements of risk. The RAMCAP standard does include recognition of the effort undertaken to meet the requirements of the 2002 Bioterrorism Act.
Water Sector Security Organizations
The Water Sector Coordinating Council was formed in the fall of 2004 to enhance communications about security issues among water professionals, the U.S. Department of Homeland Security and the U.S. Environmental Protection Agency. The Water Information Sharing and Analysis Center (WaterISAC) provides immediate, on-line sharing of threat and incident information among those institutions. The men and women who operate drinking water systems consider securing the water they treat and provide to their consumers to be an inherent and daily part of their jobs and calling.
Water and Wastewater Agency Response Networks (WARNs)
Most states now have a WARN, a network of utilities helping other utilities to respond to and recover from emergencies. WARNs provide a method whereby water/wastewater utilities that have sustained or anticipate damages from natural or human-caused incidents can provide and receive emergency aid and assistance in the form of personnel, equipment, materials, and other associated services as necessary from other water/wastewater utilities. They provide rapid, short-term deployment of emergency services to restore the critical operations of the affected water/wastewater utility.
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Talking points for your use in meetings; do not leave behind
Chemical Facility Security
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• Drinking water utilities have already performed vulnerability assessments, updated emergency response plans, developed security standards, developed decision methodologies for choosing disinfectants, and performed other security measures under existing laws.
• A drinking water utility is a public safety & public health service, and is generally an instrument or agency of local government.
• Congress therefore exempted water utilities from chemical facility law of 2006.
• The Senate Committee on Homeland Security and Governmental Affairs has reported out a bill, H.R. 2868, to extend the current chemical security program for the chemical industry for another three years. The committee approved an amendment in the nature of a substitute to the original House bill.
• Another Senate committee, Environment and Public Works, is considering legislation that would include water utilities in chemical facility security regulation even though certain provisions would be inappropriate for water utilities.
• A particular concern is a provision that allows state officials to second guess decisions by local officials on which chemicals to use.
• Choice of disinfectants and other chemicals reflect characteristics of local waters & infrastructure to ensure public safety and health is protected.
• The choice of disinfectants has to be made locally.
Ask
• Your senator to vote for H.R. 2868 as reported out of the Senate Committee on Homeland Security without amendment.
Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.
Leave
• The leave-behind paper (if this is a personal visit) packet, and a business card or other contact information.
Support Improvement of the State Revolving Loan Fund;
Bring to the Floor and Pass S. 1005
• Action Requested: Support reform and expanded capitalization of state revolving loan fund programs for drinking water and wastewater. To that end, the Senate should bring to the floor and vote for S.1005, the Water Infrastructure Financing Act.
Background: High-quality drinking water and wastewater systems are essential to public health, business, and quality of life in the United States. AWWA and others have documented that our water and wastewater infrastructure is aging and that many communities must begin to increase their levels of investment in the repair and rehabilitation of water infrastructure in order to protect public health and safety and to maintain environmental standards.
AWWA has long believed that Americans are best served by water systems that are self sustaining through rates and other local charges. However, we recognize that at present, some communities need assistance due to hardship or special economic circumstances. According to the US Conference of Mayors, in 2004-2005 Americans invested $84 billion in water and wastewater infrastructure, of which more than 95 percent represented state and local funds without subsidies or federal assistance.
The primary federal role in water infrastructure is one of leadership. Among other things, that role includes demonstrating and encouraging:
• Utility use of modern asset management tools and full-cost pricing;
• Use of rate structures that accommodate low and fixed-income customers as much as
practical;
• Adoption of green technologies and approaches such as water and energy conservation, water reuse, and non-traditional stormwater management;
• Use of cost-saving watershed and regional strategies, such as system consolidation,
regional management, and cooperative approaches among water, wastewater, and highway agencies within a region; and
• Use of advanced procurement and project delivery methods. S. 1005 contains elements of all of these roles. There is also an important role for the federal government in lowering the cost of capital for water and wastewater investments. Almost 70 percent of American communities use bonds to finance local infrastructure. They pay billions of dollars in interest costs each year. Lowering the cost of borrowing for water and wastewater infrastructure is an important way to leverage local funding and help America rebuild and rehabilitate our aging water infrastructure.
The House of Representatives has passed legislation to boost funding and make administrative improvements to the drinking water SRF program (H.R. 5320) and the wastewater SRF program (H.R. 1262). Action is needed quickly in the Senate to bring this issue to a conference committee.
America does not face a water infrastructure crisis at the present, but action is needed now to avert more serious problems in the years to come.
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Talking points for your use in meetings; do not leave behind
State Revolving Loan Fund Legislation, S. 1005
Tell
• Who you are and what you do.
• My utility serves …. [XX,XXX people in your district/state]
• We/I appreciate the opportunity to meet.
• The drinking water community has long been sounding the warning that the nation needs to invest in drinking water infrastructure.
• Needs are large and we need federal leadership.
• The state revolving loan fund (SRF) program – which provides low-cost loans to water systems that revolve to other water systems as they are paid back – is a sound approach, but needs more capital and some administrative improvements.
• S. 1005, reported out of the Senate Committee on Environment and Public Works last summer makes such improvements to the SRF program.
Ask
• Please urge Senate leadership to bring S. 1005 to the floor of the Senate.
• Vote for S. 1005.
Thank
• Thank your host for the meeting.
• Offer to follow up or provide any additional information that might be useful.
Leave
• The leave-behind paper (if this is a personal visit) and a business card or other contact information.
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