Environment Update
September 28, 2001
Volume II, Number 11
Application of Davis Bacon Delays Consideration of Brownfields Legislation
On September 25, 2001, the House was expected to consider HR 2869, a House and Senate "blended" brownfields bill introduced by Representative Gillmor (R-OH). House and Senate Democrats, however, withdrew their support for the bill, requesting that the U.S. Environmental Protection Agency (EPA) confirm its commitment to ensure that cleanup work financed through the bill would fall under jurisdiction of the Davis-Bacon Act, which requires workers to be paid prevailing wages. The EPA has not decided if it will assure the application of Davis-Bacon to brownfields cleanup projects funded under HR 2869.
The "blended" bill combined S. 350-a brownfields bill the Senate passed (99-0) in April-with H.R. 1831, legislation that passed the House (419-0) in May to exempt small businesses from Superfund liability. Although Representative Gillmor (R-Ohio) had held out for legislation placing greater restrictions on the EPA from reopening state cleanups, he blessed the Senate's provisions that give EPA some leeway to "reopen," under limited circumstances, a site which a state has deemed clean. NCSL had sought more deference to states regarding cleanups. S. 350 boosts authorized funding for cleanups and assessments. These increases, however, are dependent on appropriations conference committee negotiations.
Methyl Tertiary Butyl Ether (MTBE) Bill Passes Senate Committee
On September 25, 2001, with a vote of 14 to 5, the Senate Environment and Public Works Committee passed S. 950, authored by Senator Smith (R- N.H.). The bill bans the use of MTBE in gasoline within four years, and allows Governors to waive the 2 percent oxygenate requirement for reformulated gasoline. The bill would also authorize $400 million for MTBE cleanup and provide grants to MTBE producers to assist in the conversion of facilities to produce other fuel additives. Committee opponents warned that the bill would be "doomed to failure" on the floor of the Senate due to the bill's potential impact on domestic supplies of fuel and U.S. dependence on foreign supplies. For more information on MTBE and S. 950 see the NCSL web site at www.ncsl.org/statefed/mtbeIB.htm
Appropriations Update
A continuing resolution (H.J. Res. 65) to extend current funding levels for the federal government until October 16, 2001, awaits President Bush's signature. As for the status of the U.S. Environmental Protection Agency's FY 02 budget (part of the Departments of Veterans Affairs and Housing and Urban Development and Other Independent Agencies Appropriations bill), conferees have been appointed to hammer out the differences-including the Senate's proposed $1.35 billion (level with FY 01 funding) vs. the House's $1.2 billion for the Clean Water State Revolving Funds. Legislation is expected to be on the president's desk prior to the expiration of the continuing resolution. For more information on environment program funding see Environment Update Volume 2, No. 10.
NCSL Comments on Feeding Operation Regulations
Since the last Environment Update, NCSL submitted formal comments to the U.S. Environmental Protection Agency (EPA) on proposed revision to federal combined animal feeding operation (CAFO) regulations. NCSL's comments can be access at www.ncsl.org/statefed/cafocomments.htm
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695
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