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Mr. BARCIA. Mr. Chairman, I yield 3 minutes to the gentleman from Ohio (Mr. LATOURETTE).
[Page: H4831] GPO's PDF
Mr. LATOURETTE. Mr. Chairman, I thank the gentleman for yielding time to me.
I want to voice my strong support for his amendment seeking to provide relief for local communities that today are shouldering up to 90 percent of the burden of revamping their wastewater treatment facilities.
The American Waterworks Association unveiled its new study that predicts required spending of more than $250 billion over the next 30 years to take care of this problem. In the last Congress, the gentleman from Michigan (Mr. BARCIA) led the charge in the Congress with the Wet Weather Quality Act, together with the gentleman from New Jersey (Mr. PASCRELL). The language is included in the Labor-HHS bill over in the Senate that provided a landmark 2-year grant program to be administered by the EPA.
We are not alone. We had a little hearing in front of the Subcommittee on Water Resources and Environment earlier this year, and Administrator Whitman was in front of us. We said they have to provide money for the State revolving loan fund and this grant money as well, because communities cannot take it across the country.
The President put in $450 million in his budget for this program. While I commend the gentleman from New York (Mr. WALSH), who certainly understands the program and the problems as well as anybody in this Congress, the fact is that while the subcommittee has funded the State revolving loan fund and is willing to give loans to communities, there is no grant program in place that would take care of this problem across the Nation.
I want to just bring up one example, not in my district, but it is in Worcester, Massachusetts. To build a single-family home, one has to pay a $16,000 tap-in fee. Who in this Congress, Mr. Chairman, could pay $16,000 to flush the toilet to build a single-family new house? But that is the problem facing not only the folks in Worcester, Massachusetts; but it is the problem facing all of America today if we do not do something.
I would say to the distinguished chairman of the subcommittee, if we go back to the Contract with America in the very first bill the gentleman from Ohio (Mr. PORTMAN) introduced, the unfunded mandate legislation, this Congress, this Federal Government, has mandated all of these initiatives upon the wastewater treatment plants of the small municipalities in this country, but has not sent the money.
It is time to send the money. It is time to pass the Barcia amendment. It is too bad that the rules indicate we have to make an offset on the basis of the Superfund allocation, but this money needs to be sent to the small communities of America.
I praise the gentleman from Michigan (Mr. BARCIA) and the gentleman from New Jersey (Mr. PASCRELL), and I urge an aye vote.
Mr. BARCIA. Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr. PASCRELL).
Mr. PASCRELL. Mr. Chairman, I would like to begin where the gentleman from Ohio (Mr. LATOURETTE) left off. The Clean Water Act provides very specific mandates for municipalities.
I was a mayor, mayor of the third largest city in the State of New Jersey. There is no way that the Patersons of this country, smaller, larger, can respond to this multibillion dollar need within our communities. Our clean water is threatened, is threatened if we do not begin to address, and we have, this problem.
I am positive that the chairman and the ranking member are sensitive to these needs. But being sensitive to the needs, we need to take it to the next level. We need to be in every mayor's office, in every council chambers throughout America when these issues are coming up.
Crumbling systems exist throughout America. We need to respond. The cost is great. If we do not do it, the cost will be even greater.
One segment of the President's proposed budget I was particularly pleased with, which was where the President expressed his support for the newly authorized sewer overflow control grants. H.R. 828, which passed the Congress, authorized $750 million in fiscal years 2002 and 2003. We are trying to give cities and towns across America the resources they need to clean up their sewer systems and comply with the Clean Water Act.
I am hopeful that we can work with the committee to ensure that full funding is included in the final bill to address this issue, which is important in every district and in every State in this Nation. We must follow through on our commitment to local governments to assist in their wet-weather infrastructure challenges, and I support this critical down payment.
I recognize the hard work of the gentleman from Michigan (Mr. BARCIA) and the gentleman from Ohio (Mr. LATOURETTE).
Mr. WALSH. Mr. Chairman, I reserve the balance of my time.
Mr. BARCIA. Mr. Chairman, I yield the balance of my time to my good friend and colleague, the gentleman from Washington (Mr. LARSEN).
Mr. LARSEN of Washington. Mr. Chairman, I thank the gentleman for yielding time to me.
Mr. Chairman, I rise to speak in support of this amendment. Grant funding to help communities control sewer overflows was approved and authorized in the last Congress; but in this Congress, in this House, in this budget, no funds have been set aside at all. Congress must follow through and fund this important program.
Back home in my district, I can point to the city of Everett, Snohomish, Anacordis, three cities with some of the highest sewer rates in my district. Everett alone has invested in excess of $12 million since 1990 towards reducing and controlling CSOs; and despite the substantial financial commitment, nearly $20 million more is required for the city to reach full compliance with all local, State , and Federal mandates.
Federal funding will be crucial to the city's efforts to reach full compliance, so it is my hope that this Congress can step up to help our communities by providing this funding.
I urge my colleagues to vote in favor of their communities, to vote in favor of this amendment. I commend the gentleman from Michigan (Mr. BARCIA) for his work on this amendment.
Mr. BARCIA. Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.
Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I will be very brief in closing. I have discussed this with my ranking member, the gentleman from West Virginia (Mr. MOLLOHAN). We both appreciate not only the sentiment but the leadership that has been provided on this issue. It is a real big issue for the country.
But to force us to choose between Superfund and CSOs is just too tough a choice to make. We would urge the gentleman, with all due respect, to withdraw the amendment; and he should continue to work with the authorizing committee and with the Committee on Appropriations to see if we can do a better job of meeting this commitment. It is a question of allocation and choices, and we just cannot justify the choice he is asking us to make. I would ask again that he would withdraw the amendment.
Mr. GOODLATTE. I rise today in support of the Barcia/Latourette amendment to HR 2620. This amendment would increase the bills funding for EPA Water Improvement Grants--with the intention that these funds would be used for grants for combined sewer overflows.
Mr. Chairman, the condition of our Nation's wastewater collection and treatment facilities is alarming. In its 1999 clear water needs survey, the EPA estimated that nearly $200 billion will be needed over the next 20 years to address wastewater infrastructure problems in our communities.
In Lynchburg, Virginia, the cost of improving 174 miles of combined sewers that serve 11.4 square miles exceeds $275 million in 2000 dollars. This equates to $16,875 per ratepayer in a city whose average income is $27,500. These CSO improvements are by far the largest capital projects the city has ever undertaken.
Given this great need, I believe the Federal Government has a responsibility to assist communities that are trying to fix their problems and comply with Federal water quality mandates.
I strongly urge my colleagues to adopt this amendment which will increase funding for the Clean Water Revolving Loan Program and help cities in need of meeting Federal mandates.
Mr. WALSH. Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.
[Page: H4832] GPO's PDF
The CHAIRMAN. The question is on the amendment offered by the gentleman from Michigan (Mr. BARCIA).
The question was taken; and the Chairman announced that the noes appeared to have it.
Mr. LaTOURETTE. Mr. Chairman, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Michigan (Mr. BARCIA) will be postponed.
The point of no quorum is considered withdrawn.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
LEAKING UNDERGROUND STORAGE TANK TRUST FUND
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $75,000 per project, $72,000,000, to remain available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $15,000,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,433,899,000, to remain available until expended, of which $1,200,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended (the ``Act''); $850,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended, except that, notwithstanding section 1452(n) of the Safe Drinking Water Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations Acts, shall be reserved by the Administrator for health effects studies on drinking water contaminants; $75,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $30,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages; $200,000,000 shall be for making grants for the construction of wastewater and water treatment facilities and groundwater protection infrastructure in accordance with the terms and conditions specified for such grants in the report accompanying this Act; and $1,078,899,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104-134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities of which and subject to terms and conditions specified by the Administrator, $25,000,000 shall be for making grants for enforcement and related activities (in addition to other grants funded under this heading), and $25,000,000 shall be for Environmental Information Exchange Network grants, including associated program support costs: Provided, That for fiscal year 2002 and hereafter, State authority under section 302(a) of Public Law 104-182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2002 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2002, and notwithstanding section 518(f) of the Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of that Act to make grants to Indian tribes pursuant to section 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2002, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 1 1/2 percent of the funds appropriated for State Revolving Funds under Title VI of the Act may be reserved by the Administrator for grants under section 518(c) of such Act: Provided further, That no funds provided by this legislation to address the water , wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water , wastewater, or other necessary infrastructure .
POINT OF ORDER
Mr. GILLMOR. Mr. Chairman, I make a point of order that the language beginning with ``except that'' on page 64, line 12, through ``drinking water contaminants'' on line 17 violates clause 2 of rule XXI of the rules of the House prohibiting legislating on an appropriations bill.
The language I have cited says that notwithstanding the provisions of the Safe Drinking Water Act, none of the money in the fiscal year 2002 VA-HUD appropriations bill or even previous appropriation acts may be reserved by the EPA administrator for health effect studies on drinking water contaminants.
The language clearly constitutes legislating on an appropriations bill, and as such, violates clause 2 of rule XXI.
I therefore insist on my point of order.
[Time: 20:15]
The CHAIRMAN. Does anyone wish to speak on the point of order?
If not, the Chair is prepared to rule. The Chair finds that this provision explicitly supersedes existing law. The provision therefore constitutes legislation in violation of clause 2 of rule XXI.
The point of order is sustained and the provision is stricken from the bill.
The Clerk will read:
The Clerk read as follows:
ADMINISTRATIVE PROVISIONS
For fiscal year 2002, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements.
AMENDMENT NO. 37 OFFERED BY MS. PELOSI
Ms. PELOSI. Mr. Chairman, I offer an amendment.
The CHAIRMAN. Is there objection to the consideration of the amendment offered by the gentlewoman from California at this point?
There was no objection.
The CHAIRMAN. The Clerk will designate the original amendment.
The text of the amendment is as follows:
Amendment No. 37 Offered by Ms. PELOSI:
Page 92, strike lines 3 through 9.
MODIFICATION TO AMENDMENT OFFERED BY MS. PELOSI
Ms. PELOSI. Mr. Chairman, I ask unanimous consent that the amendment be modified in the form at the desk.
The CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification to amendment offered by Ms. PELOSI: Page 67, line 22, strike ``$17,000,000'' and insert ``$20,000,000''.
The CHAIRMAN. Is there objection to the modification offered by the gentlewoman from California?
There was no objection.
The text of the amendment, as modified, is as follows:
Page 67, line 22, strike ``$17,000,000'' and insert ``$20,000,000''.
The CHAIRMAN. Pursuant to the order of the House of Friday, July 27, 2001, the gentlewoman from California Ms. PELOSI, and a Member opposed each will be recognized for 15 minutes.
The Chair recognizes the gentlewoman form California (Ms. PELOSI).
Ms. PELOSI. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the amendment would ensure that the Environmental Protection Agency's program for registering pesticides and reassessing pesticide tolerances are funded at the same level in fiscal year 2002 as in the current year. These programs are important to ensure that pesticides used in our crops, on our pets, and in our homes and businesses are thoroughly reviewed, and tolerances are set at safe levels.
[Page: H4833] GPO's PDF
At this point, Mr. Chairman, before proceeding with further discussion of the amendment, I would like to thank my colleague, the gentleman from Arkansas (Mr. BERRY), for his extraordinary leadership in taking what might have been a controversial amendment and having us come to some peace on this issue among all the various equities that must weigh in this.
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