Environment Update
December 19, 2001
Volume II, Number 14
Brownfields Legislation May See Floor Action This Week
Representative Gillmor's (R-Ohio) "blended" brownfields bill is expected to see House floor action this week. Three months ago, House and Senate Democrats withdrew their support from H.R. 2869, requesting that the U.S. EPA confirm its commitment to the application of Davis-Bacon to brownfield cleanups, The bill is now expected to include language to require workers to be paid prevailing wages. Senate Committee on Environment and Public Works staff have commented that the committee leaders will support H.R. 2869 if it clears the House. The "blended" bill combines 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. For more information on H.R. 2869 refer to Environment Update Volume II, Number 11.
House Approves Bill to Authorize Funding for Drinking Water Protection
On December 12, 2001, the House approved (418Y/2N) the Public Health Security and Bioterrorism Response Act of 2001 (H.R. 3448) authorizing a total of $2.75 billion, including $1 billion in state and local grants for improved planning and preparation against bioterrorism. In addition the bill authorizes the Environmental Protection Agency (EPA) to provide $120 million for FY 2002 to assist water systems in conducting vulnerability assessments and preparing or revising emergency response plans to protect drinking water systems from chemical and biological attacks. The EPA will be required to provide guidance to systems serving under 3300 persons on how to conduct vulnerability assessments, prepare emergency response plans and address threats.
Senate Passes Emergency Funding in FY 2002 Defense Appropriations Bill
The FY 2002 defense appropriations bill, H.R. 3338, is the centerpiece for a raging dispute pitting the White House and House Republicans against Senate Democrats. The focus within that fight is how to spend $20 billion in emergency appropriations for September 11th - related matters. Senate Democrats originally sought to add $15 billion for homeland security on top of the emergency appropriations package. Senate Republicans balked and beat back each attempt to advance H.R. 3338 with any additional funding. H.R. 3338 finally emerged from the Senate with a $8.5 homeland security package shoehorned into the $20 billion emergency appropriations total. To accomplish this, Senate Democrats sliced Defense Department spending to $2 billion, compared to the House's $7.3 billion. The Senate homeland security package includes funding for the Environmental Protection Agency (EPA) with a total of $121 million, including $83 million for reimbursement of anthrax remediation and vulnerability assessments at drinking water facilities plus $38 million to fund bioterrorism response teams and enhance security at EPA labs. The Senate version also includes $525 million for food safety, $139 million for the protection of dams and reservoirs and $36 million to increase security at commercial nuclear reactors. (See chart on the NCSL website at www.ncsl.org/statefed/40billion.htm)
Nevada Argues Yucca Mountain Guidelines
The state of Nevada is seeking legal action against the Department of Energy (DOE), for its denial of a request to push back the December 14, 2001, implementation date of new guidelines for determining whether Yucca Mountain would be a suitable site to build a permanent nuclear waste storage facility. The new guidelines would allow officials to meet environmental standards without showing that the proposed site's underground rock formations would protect against a release of radioactive waste into the air and water. (DOE's storage plan uses a combination of advance storage containers and natural geological barriers.) Nevada Governor Kenny Guinn (R) and Attorney General Frankie Sue Del Papa (D) argued in a December 10, 2001, letter to Energy Secretary Spencer Abraham that by considering engineered barriers the DOE is contravening the will of Congress as written in the 1982 Nuclear Waste Policy Act, which sets standards for permanent nuclear waste sites. The letter cites a recent report by the General Accounting Office that recommended that the DOE not make a site recommendation until further scientific studies were completed.
Winter AFI/ASI Meeting Summary
Earlier this month the Environment Committee met in Washington, DC. For a summary of activities, please refer to the documents below:
Environment Committee Business Meeting
www.ncsl.org/statefed/Evjobs01.htm
Environment Committee Sessions
www.ncsl.org/statefed/Evjocs01.htm
MARK YOUR CALENDARS!
NCSL AFI Spring Meeting 2002
May 9-11, 2002
Washington, DC
NCSL Annual Meeting
July 22-28, 2002
Denver, CO
NCSL Contacts:
Molly Stauffer
Committee Director
(202) 624-3584
Laurie Holmes
Staff Assistant
(202)624-8695
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