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Environment Update
Volume V, Number 3
September 27, 2004

An Information Service of the NCSL Standing Committee on Environment and Natural Resources

Previous Issues

SENATE APPROPRIATORS RESTORE CLEAN WATER FUNDS

On September 21, the Senate Appropriations Committee approved S. 2825, the FY2005 appropriations bill for VA-HUD-Independent Agencies. Included in the bill is $1.35 billion for the Clean Water State Revolving Fund (SRF). The Senate’ s recommended SRF funding level is equal to the FY2004 appropriation. House appropriators, in H.R. 5041, provided $850 million for the SRF, a 37 percent reduction. NCSL’s Environment and Natural Resources Committee officers urged funding at the $1.35 billion level in a September 1, 2004 letter to both House and Senate members. Governors and state/local water administrators also weighed in. Because of time constraints, it does not appear that Congress will have enough time before its October 8 or October 15 adjournment or recess date to finish the VA-HUD measure and approximately a half-dozen other FY2005 appropriations bills. The unfinished bills may be bundled into an omnibus appropriations measure that might be taken up in early October or mid-November or possibly not until next year. To request the full text of NCSL’s letter please email Tamra Spielvogel at tamra.spielvogel@ncsl.org.

EPA QUESTIONS FUTURE DIRECTION OF SUPERFUND

The States’ abilities to meet current and/or future responsibilities for the Superfund program as well as their own cleanup programs are limited,” concludes a September 1, 2004 report from the Inspector General of the U.S. Environmental Protection Agency (EPA). The report focuses on programs in Kansas, Michigan, New Jersey, Pennsylvania and Washington. The 95-page report documents significant backlogs in site assessments, limited federal and state funding, limited state capacity to maintain remediated sites and limited remedy selection processes available to states. The report recommends EPA collaboration with states to explore reasons for backlogs in completing site assessments, streamlined remediation processes, viable funding and staffing options and possible greater roles for states in addressing National Priorities List (NPL) sites. It is now nine years since Superfund’s federal taxing authority sunset, although funding has continued at reduced levels. The full report is accessible at http://www.epa.gov/oigearth/reports/2004/20040901-2004-P-00027.pdf.

Energy & Environment Provisions in Tax Bill.  On September 22, conferees on H.R. 1308 reached agreement on a $146 billion tax cut package that extends four expiring tax relief provisions.  The conference report on H.R. 1308 also extends present law allowing full deductibility of certain environmental remediation expenses for brownfields for one year.  Tax credits were also extended until the end of 2005 for facilities that place in service electricity produced from renewable sources and individuals who purchase qualified electric vehicles.  These provisions comport in whole or in part with NCSL policy.  The conference report passed the House 339-65 and the Senate 92-3.

Federal Oceans Commission Issues Final Report. On September 20, 2004 the U.S. Commission on Ocean Policy submitted a final report to the White House with more than 200 recommendation for improving ocean quality and water resources.  The final report incorporates comments received by the commission since the release of their 500 page draft report was released in April.  The Commission took an "ecosystem-based management approach" in drafting its recommendations which include reorganization of oversight responsibilities at the federal state and local levels.  The Commission recommends a large increase in federal funding for ocean research, management, and pollution abatement programs estimating the cost of its recommendations at $1.3 billion the first year, $2.4 billion the second year, and $3.2 billion each following year.  Commission Chairman James Watkins presented the report's recommendations to the Senate Commerce Committee on September 21st.   The report is available at http://www.oceancommission.gov/documents/prepub_report/welcome.html

Hold the Date: NCSL FALL FORUM HEADS TO SAVANNAH, GEORGIA

The next meeting of the NCSL Standing Committee of Environment & Natural Resources will be held in conjunction with the NCSL Fall Forum, December 8-10, 2004.  We are attempting to set up an optional site-visit through the Department of Defense to Fort Stewart, Georgia (near Savannah) for the morning of December 7 with follow-up discussion on issues related to encroachment, land use planning, economic development and environmental protection as it relates to communities near military bases.

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