Government Relations

Senator Boxer’s Agenda
Senator Barbara Boxer gave a press conference recently, outlining her agenda for the Environment and Public Works Committee (EPW) in the 110th Congress. “Global warming,” which is clearly atop her agenda, was the buzz-word throughout the nearly 45-minute press conference. She indicated that the climate law enacted by California State Legislature would serve as a ‘gold standard’ for federal legislation, while recognizing that political realities may force her to scale back her ambitions significantly. With recent reports that Senator James Inhofe (R-Okla.) is likely to retain the senior Republican seat on the committee, Boxer’s plans for addressing global warming may become less ambitious. Inhofe is a staunch disbeliever in the theory that human behavior has added to global warming.

On water, Boxer indicated that her committee will explore the possibility of a ‘legislative fix’ for the controversial Rapanos case: the Supreme Court was unable to gain consensus on whether the Clean Water Act protects wetlands adjacent to small tributaries flowing into larger bodies of water. Boxer’s committee will review WRDA, the water resources spending bill which the lame-duck 109th Congress was unable to pass. She has sought tight regulations on perchlorate, lead, MTBE, and other harmful chemicals in drinking water for quite some time, but it is unclear if these will be her immediate priorities.

Erik Olson, a well-known attorney for the Natural Resources Defense Council (NRDC), has been named to a senior staff position for the committee. In the past, Olson has worked with Members of Congress to overhaul laws governing pesticides and drinking water.

Key Committee Rosters Taking Shape
House Democrats have made more committee assignment decisions, filling out their openings on some key committees. Republicans have so far only decided their senior members (“Ranking Members”) on the respective committees. The Republicans will be filling empty seats over the next few weeks.

The Ways and Means Committee

Charles Rangel, N.Y., Chairman
Jim McCrery, La., Ranking Republican Member

Democratic Members

Pete Stark, Calif.
Sander Levin, Mich.
Jim McDermott, Wash.
John Lewis, Ga.
Richard Neal, Mass.
Michael McNulty, N.Y.
John Tanner, Tenn.
Xavier Becerra, Calif.
Lloyd Doggett, Texas
Earl Pomeroy, N.D.
Stephanie Tubbs Jones, Ohio
Mike Thompson, Calif.
John Larson, Conn.
Rahm Emanuel, Ill.
Earl Blumenauer, Ore.
Ron Kind, Wis.
Bill Pascrell, N.J.
Shelley Berkley, Nev.
Joe Crowley, N.Y.
Kendrick Meek, Fla.
Chris Van Hollen, Md.
Allyson Schwartz, Pa.
Artur Davis, Ala.

The Energy and Commerce Committee

John Dingell, Mich., Chairman
Joe Barton, Texas, Ranking Member

Democratic Members

Henry Waxman, Calif.
Edward Markey, Mass.
Rick Boucher, Va.
Edolphus Towns, N.Y.
Frank Pallone Jr., N.J.
Bart Gordon, Tenn.
Bobby Rush, Ill.
Anna Eshoo, Calif.
Bart Stupak, Mich.
Eliot Engel, N.Y.
Albert Wynn, Md.
Gene Green, Texas
Diana DeGette, Colo.
Lois Capps, Calif.
Mike Doyle, Pa.
Tom Allen, Maine
Jan Schakowsky, Ill.
Hilda Solis, Calif.
Charlie Gonzalez, Texas
Jay Inslee, Wash.
Tammy Baldwin, Wis.
Mike Ross, Ark.
Jane Harman, Calif.
Leonard Boswell, Iowa
Darlene Hooley, Ore.
Anthony Weiner, N.Y.
Jim Matheson, Utah
G.K. Butterfield, N.C.
Charlie Melancon, La.
Baron Hill, Ind.

The Transportation and Infrastructure Committee

James Oberstar, Minn., Chairman
John Mica, Fla., Ranking Member

Democrats

Nick Rahall, W.Va.
Peter DeFazio, Ore.
Jerry Costello, Ill.
Eleanor Holmes Norton, D.C.
Jerrold Nadler, N.Y.
Corrine Brown, Fla.
Bob Filner, Calif.
Eddie Bernice Johnson, Texas
Gene Taylor, Miss.
Juanita Millender-McDonald, Calif.
Elijah Cummings, Md.
Ellen Tauscher, Calif.
Leonard Boswell, Iowa
Tim Holden, Pa.
Brian Baird, Wash.
Jim Matheson, Utah
Michael Honda, Calif.
Rick Larsen, Wash.
Michael Capuano, Mass.
Anthony Weiner, N.Y.
Julia Carson, Ind.
Timothy Bishop, N.Y.
Michael Michaud, Maine
Lincoln Davis, Tenn.
Ben Chandler, Ky.
Brian Higgins, N.Y.
Russ Carnahan, Mo.
John Salazar, Colo.
John Barrow, Ga.

Democrats Considering Year Long CR
The incoming Democratic Appropriations Chairman indicated the Democrats would rather fund the bulk of the federal government through 2007 with a long-term Continuing Resolution (CR), instead of convening in January only to tackle the remaining nine appropriations bills left over from 2006.

“It is not a perfect solution, but it is the best available given the fiscal mess the (just concluded) 109th Congress has left behind,” said Speaker-designate Nancy Pelosi (D-Calif.) and Majority Leader-designate Harry Reid (D-Nev.) in a joint statement.

Under the current CR, agencies (aside from the Departments of Defense and Homeland Security) are funded at the lowest of three appropriations levels, the level approved by the House or the Senate, or the 2006 level. FY 2007 Defense and Homeland Security appropriations bills passed earlier in the year.

It was also announced that no legislative earmarks will be allowed in the CR, a choice that may help avoid trouble from fiscal conservatives, who argue that earmarks have corrupted the process.

EPA Urged To Consider Bottled Water As Compliance Option
On Dec. 12, several states called on the Environmental Protection Agency to allow small drinking water utilities to use bottled water to comply with federal rules.

"Under certain conditions, the use of bottled water is a safe, low-tech, economical option to bring small public drinking water systems into compliance with federal drinking water law," Gerald Smith, a public health engineer with the Minnesota Department of Public Health, said at a meeting convened by EPA to discuss alternative methods for complying with drinking water standards. Smith went on to say that the first option for providing safe drinking water should be for the water supply to obtain water from a source that meets all drinking water standards without treatment required. This could include connecting to a community public water supply, drilling a new well, or reconditioning an existing well to exclude contaminants. If this option is not available, the state should have other alternatives for consideration, including the use of bottled water.

Before the meeting, Benjamin Grumbles, EPA assistant administrator for water stated that the meeting is “an important listening session. We're taking very seriously suggestions regarding affordability and flexibility to meet community drinking water needs.” Grumbles said bottled water is not a long-term solution for communities, but that EPA was interested in knowing if there are new data that would demonstrate that bottled water provides equal or better public health protection than source water. According to Grumbles, in considering its use as an option, EPA is looking at how bottled water would affect public confidence, what safeguards would be in place to ensure water quality, and "what if any situation would warrant bottled water as a permanent compliance option for a certain type of system."

Final House Races Settled
The final run-offs and re-counts have finally been completed; the House of Representatives will convene in January with 233 Democrats and 202 Republicans. (There is a court challenge on one race in Florida, but it is unlikely to have an effect on who is seated in January.)

The Democrat’s majority of 233 seats (53.5% of the total) will roughly be the same as the Republican’s majority during the just-completed 109th Congress, where Republicans had 232 seats.

Rural Water Bill Passes
Congress has cleared the Rural Water Supply Act (S. 895) for the expected signature of the President, which would make it law. Under this Act, the Bureau of Reclamation will assess water needs in rural Western communities and establish a loan guarantee program to provide clean water service to municipalities smaller than 50,000.

Dam Safety Passes
Legislation intended to improve dam safety has passed both chambers and is on track to become public law. The measure would authorize about $12 million a year for the National Dam Safety Program, including funds to enhance state oversight.

Congress Passes Tax Extenders Bill
One of the final tasks Congress performed before adjourning the 109th Congress was passing a tax extenders bill. H.R. 6111, the Tax Relief and Health Care Act of 2006, is expected to be signed into law.

Of interest is a section which extends research and development tax credits retroactively from Dec. 31, 2005, through 2007. If you would like details on the bill or credit, don’t hesitate to contact NAWC.