To amend the Federal Water Pollution Control Act to clarify Federal responsibility for stormwater pollution.

Madam Speaker, I rise in strong support of S. 3481, a bill to amend the Clean Water Act to clarify Federal responsibility for stormwater pollution.

I applaud the outstanding work of the sponsors of this legislation, the distinguished Senator from the State of Maryland (Mr. Cardin), as well as the sponsor of the House companion bill (H.R. 5724), the Delegate from the District of Columbia (Ms. Norton), for their efforts to move this important legislation for the protection of our Nation's waters.

Simply put, this legislation clarifies that Federal agencies and departments are financially responsible for any reasonable Federal, state, or locally derived charges for treating or otherwise addressing stormwater pollution that emanates from Federal property.

Madam Speaker, over the past 4 years, the Committee on Transportation and Infrastructure has examined the progress made over the past few decades in improving the overall quality of the Nation's waters, as well as the challenges that remain to achieving the goals of ``fishable and swimmable waters'' called for in the enactment of the 1972 Clean Water Act.

Although significant progress has been made in the past four decades, approximately 40 percent of the Nation's assessed rivers, lakes, and coastal waters still do not meet water quality standards. States, territories, Tribes, and other jurisdictions report that poor water quality continues to affect aquatic life, fish consumption, swimming, and sources of drinking water in all types of waterbodies.

In a recent report on the National Water Quality Inventory, States, territories, Tribes, and interstate commissions report that they monitor only 33 percent of the Nation's waters. Of those, about 44 percent of streams, 64 percent of lakes, and 30 percent of estuaries were not clean enough to support their designated uses (e.g., fishing and swimming).

While these numbers highlight the remaining need to improve the quality of the Nation's waters, they also demonstrate how this country's record on improving water quality is slipping--demonstrating a slight, but significant reversal of efforts to clean up the Nation's waters over the past 30 years.

For example, in the 1996 National Water Quality Inventory report, States reported that of the 3.6 million miles of rivers and streams that were assessed, 64 percent were either fully supporting all designated uses or were threatened for one or more of those uses. In the 1998 report, this number improved to 65 percent of assessed rivers and streams. However, in the 2000 National Water Quality Inventory report, this number slipped to only 61 percent of assessed rivers and streams either meeting water quality standards or being threatened for one or more of the waterbodies' designated uses, and in the 2004 Inventory, this number slipped again, to 53 percent of rivers and streams fully supporting their designated uses--a significant reversal in the trend toward meeting the goals of the Clean Water Act.

According to information from the Environmental Protection Agency, stormwater remains a leading cause of water quality impairment. For example, in the 2004 Water Quality Inventory, discharges of urban stormwater are the leading source of impairment to 22,559 miles (or 9.2 percent) of all impaired rivers and streams, 701,024 acres (or 6.7 percent) of all impaired lakes, and 867 square miles (or 11.3 percent) of all impaired estuaries.

The continuing negative environmental impacts of stormwater are echoed in a National Academy of Sciences 2009 report that expressed concern about the ``unprecedented pace'' of urbanization in the United States. According to this report, ``the creation of impervious surfaces that accompanies urbanization profoundly affects how water moves both above and below ground during and following storm events, the quality of stormwater, and the ultimate condition of nearby rivers, lakes, and estuaries.''

Madam Speaker, this National Academy of Sciences report made several findings on national efforts to understand and manage urban stormwater. A key finding was a lack of available resources to implement and enforce Federal and state stormwater control programs. According to the report, ``State and local governments do not have adequate financial support to the stormwater program in a rigorous way.'' While the report recommended that the Federal Government provide more financial support to state and local efforts to regulate stormwater, such as through increased funding of existing Clean Water Act authorities, the report also highlights the importance of Federal agencies contributing to the costs of environmental and water quality protections, including the costs of addressing sources of pollution originating or emanating from Federal facilities.

This finding echoes concerns raised by numerous state and local governmental officials over how some Federal agencies have seemingly rejected local efforts to assess service fees to curb stormwater pollution originating or emanating from Federal facilities.

Several states and municipalities, including the District of Columbia, have taken aggressive action to address ongoing sources of stormwater pollution. Yet, when a significant percentage of Federal property owners take the position that they cannot be held responsible for their pollution, it places a greater financial burden on our states, cities, communities, and local ratepayers, and makes it less

likely that significant reductions in stormwater pollution can be achieved.

For example, in April 2010, the Regional Commissioner of the U.S. General Services Administration, GSA, rejected efforts by the District of Columbia Water and Sewer Authority, DCWASA, to collect an assessment under its Impervious Surface Area Billing Program for impervious surfaces under the control of GSA. According to DCWASA, this charge is a ``fair way to distribute the cost of maintaining storm sewers and protecting area waterways because it is based on a property's contribution of rainwater to the District's sewer system.''

S. 3481 amends section 313 of the Clean Water Act to clarify that ``reasonable service charges'' for addressing pollution from Federal facilities includes reasonable nondiscriminatory fees, charges, or assessments that are based on the proportion of stormwater emanating from the facility and used to pay (or reimburse) costs associated with any stormwater management program.

This is a simple effort to clarify, again, that the Federal Government bears a proportional responsibility for addressing pollution originating from its facilities, and should remain an active participant in improving the nation's water quality and the overall environment.

The intent of subsection (c)(2)(A) of Section 313 of the Clean Water Act, as added by S. 3481, is to ensure that there is no increase in mandatory spending pursuant to the U.S. Treasury's permanent authority to pay, without further appropriation, the water and sewer service charges imposed by the government of the District of Columbia. The reference in such section to ``any permanent authorization account in the Treasury'' refers to any account for which a permanent appropriation exists, such as the U.S. Treasury account entitled ``Federal Payment for Water and Sewer Services'', and does not imply that GSA's Federal Buildings Fund may not be used to make such payments.

In addition, the intent of subsection (c)(2)(B) of Section 313 of the Clean Water Act, as added by S. 3481, is to require that Congress make available, in appropriations acts, the funds that could be used to pay stormwater fees, but not that the appropriations act would need to state specifically or expressly that the funds could be used to pay these charges.

Nothing in S. 3481 affects the payment by the United States or any department, independent establishment, or agency thereof of any sanitary sewer services furnished by the sanitary sewage works of the District of Columbia through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof. The rules for those payments are set forth in law, codified at section 34-2112 of the D.C. Code, and nothing in this bill amends or otherwise affects those rules.

Madam Speaker, this legislation has the strong support of several organizations representing state and local elected officials, including the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, and the International City/County Management Association. It also has been endorsed by the National Association of Clean Water Agencies, NACWA.

I urge my colleagues to join me in supporting S. 3481.

Madam Speaker, I rise in strong support of S. 3481, a bill that would clarify Federal responsibility for stormwater runoff from buildings, facilities, and lands owned or operated by the Federal government. This commonsense bill ensures that the Federal Government maintains its equitable responsibility for stormwater pollution runoff originating or emanating from its property.

I applaud the outstanding work of the sponsors of this legislation, the distinguished Senator from the State of Maryland (Mr. Cardin), as well as the sponsor of the House companion for this bill, the Delegate from the District of Columbia (Ms. Norton), for their efforts to move this legislation so quickly to the President's desk.

Madam Speaker, simply put, this legislation clarifies that Federal agencies and departments are financially responsible for any reasonable Federal, State, or locally derived charges for treating or otherwise addressing stormwater pollution that emanates from Federal property.

Existing section 313 of the Clean Water Act states that ``Each department, agency, or instrumentality . . . of the Federal Government . . . shall be subject to, and comply with, all Federal, State, interstate, and local requirements . . . including the payment of reasonable service charges.''

Unfortunately, over the past few months, Congress has learned of several Federal agencies, including some here in the Nation's Capital, that have made the determination that stormwater management fees are ``taxes'' for which the agencies have claimed sovereign immunity and have refused to pay.

This has left several State and local municipalities with the financial responsibility of addressing ongoing sources of pollution to the Nation's waters that any other private business, landowner, or homeowner would otherwise be responsible for paying.

Polluted runoff from urban areas is the fastest growing source of water pollution in America. As urbanization increases, impervious surfaces such as highways, roads, parking lots, and buildings replace non-impervious surfaces that absorb stormwater.

Runoff from impervious surfaces is a central cause of pollution for the Nation's waters, and is estimated to be the primary source of impairment for 13 percent of rivers, 18 percent of lakes, and 32 percent of estuaries in the United States. These are significant figures, especially given that urban areas cover only 3 percent of the land mass of the country.

Even here, in the Nation's Capital, pollution from stormwater runoff poses a significant

challenge to the quality of local receiving waters, and negatively impacts the overall environmental health of the Chesapeake Bay.

According to the Environmental Protection Agency, stormwater runoff from urban and suburban areas is ``a significant source of impairment to the Chesapeake Bay.'' According to Agency statistics, 17 percent of phosphorus, 11 percent of nitrogen, and 9 percent of sediment loads to the Bay come from stormwater runoff.

In addition, chemical contaminants from runoff can rival or exceed the amount reaching local waterways from industries, Federal facilities, and wastewater treatment plants.

Several states and municipalities, including the District of Columbia, have taken aggressive action to address these ongoing sources of pollution. Yet, when a significant percentage of property owners take the position that they cannot be held responsible for their pollution, it places a greater financial burden on our States, cities, communities, and local-ratepayers, and makes it less likely that significant reductions in stormwater pollution can be achieved.

S. 3481 amends section 313 of the Clean Water Act to clarify that ``reasonable service charges'' for addressing pollution from Federal facilities includes reasonable nondiscriminatory fees, charges, or assessments that are based on the proportion of stormwater emanating from the facility and used to pay (or reimburse) costs associated with any stormwater management program.

Madam Speaker, in the amendment to section 313 of the Clean Water Act, a provision was included to rectify a specific problem in the District of Columbia, where the U.S. Department of the Treasury has been paying some stormwater fees. The provision simply says that agencies and departments should use their annual appropriated funds to pay for stormwater fees. This is exactly what they all do today in paying for their drinking water and wastewater bills or any other utility bill. This new language requires that Congress make available, in appropriations acts, the funds that could be used for this purpose. It should not be interpreted as requiring appropriations act to state specifically or expressly that the funds could be used to pay these charges. The statutory language does not require this, and such a restrictive reading is not intended.

Madam Speaker, this legislation is a simple effort to clarify, again, that the Federal Government bears a proportional responsibility for addressing pollution originating from its facilities, and should remain an active participant in improving National water quality and the overall environment.

I urge passage of this bill.

The bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

Madam Speaker, I rise today in strong support of S. 3481 to amend the Federal Water Pollution Control Act, which clarifies that the Federal Government, like private citizens and businesses, must take responsibility for the pollution it produces. This bill is the Senate companion to my bill, H.R. 5724, cosponsored by my good friends from Virginia and Arizona, Representative Jim Moran and Representative Gabrielle Giffords. The bill passed the Senate with strong bipartisan support because the Senate understood that this is simply an issue of fairness and equity to users and a matter of managing pollution and protecting the environment. In fact, this bill simply clarifies current law, that the Federal Government has a responsibility to pay its normal and customary fees assessed by local governments for managing polluted stormwater runoff from Federal properties, just as private citizens pay. The consequence of failing to pass this bill is that we give the Federal Government a free ride and pass its fees on to our constituents throughout the United States.

Section 313 of the Federal Water Pollution Control Act states, ``Each department, agency, or instrumentality . . . of the Federal Government . . . shall be subject to, and comply with all Federal, State, interstate, and local requirements . . . in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges.'' However, the Government Accountability Office issued letters to Federal agencies in the District of Columbia instructing them not to pay the District of Columbia's Water and Sewer Authority's, D.C. Water's, Impervious Area Charge. D.C. Water calculates the charges to manage stormwater runoff based on the amount of impervious land occupied by the landowner. Impervious surfaces, such as roofs, parking lots, sidewalks and other hardened surfaces are the major contributors to stormwater runoff entering the sewer system and local rivers, lakes and streams, causing significant amounts of pollutants to enter these waters. This bill clarifies that in my district and all other congressional districts, Federal agencies must continue to pay their utility fees instead of passing the fees to our constituents.

Nothing in this Act was intended to affect the payment by the United States or any department, independent establishment, or agency thereof of any sanitary sewer services furnished by the sanitary sewage works of the District through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof. The rules for those payments are set forth in law codified at section 34-2112 of the D.C. Code and nothing in this Act amends or otherwise affects those rules. This bill requires that Congress make available, in appropriations acts, the funds that could be used to pay for stormwater management charges, but not that the appropriations act would need to state specifically or expressly that the funds could be used to pay these charges.

This bill is supported by The National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, the International City/County Management Associations, as well as the National Association of Clean Water Agencies. All of these national groups understand that stormwater management fees, without any exceptions, are necessary for managing and reducing water pollution caused by stormwater runoff. Moreover, they understand that many agencies in states and localities may stop paying their water and stormwater management fees if we do not act, putting even more financial burden on residents.

Federal law has mandated that these local governments must collect these fees. No exemption has been granted to Federal facilities. Please support S. 3481 to clarify the original intent of the law.

I urge my colleagues to support this bill.

Madam Speaker, I rise today in strong support of S. 3481 to amend the Federal Water Pollution Control Act, which clarifies that the Federal Government, like private citizens and businesses, must take responsibility for the pollution it produces. This bill is the Senate companion to my bill, H.R. 5724, cosponsored by my good friends from Virginia and Arizona, Rep. Jim Moran and Rep. Gabrielle Giffords. The bill passed the Senate with strong bipartisan support because the Senate understood that this is simply an issue of fairness and equity to users and a matter of managing pollution and protecting the environment, In fact, this bill simply clarifies current law, that the Federal Government has a responsibility to pay its normal and customary fees assessed by local governments for managing polluted stormwater runoff from federal properties, just as private citizens pay. The consequence of failing to pass this bill is that we give the Federal Government a free ride and pass its fees on to our constituents throughout the United States.

Section 313 of the Federal Water Pollution Control Act states, ``Each department, agency, or instrumentality . . . of the Federal Government . . . shall be subject to, and comply with all Federal, State, interstate, and local requirements . . . in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges.'' However, the Government Accountability Office issued letters to Federal agencies in the District of Columbia instructing them not to pay the District of Columbia's Water and Sewer Authority's (D.C. Water's) Impervious Area Charge. D.C. Water calculates the charges to manage stormwater runoff based on the amount of impervious land occupied by the landowner. Impervious surfaces, such as roofs, parking lots, sidewalks and other hardened surfaces are the major contributors to stormwater runoff entering the sewer system and local rivers, lakes and streams, causing significant amounts of pollutants to enter these waters. This bill clarifies that in my district and all others congressional districts, Federal agencies must continue to pay their utility fees instead of passing the fees to our constituents.

Nothing in this Act was intended to affect the payment by the United States or any department, independent establishment, or agency thereof of any sanitary sewer services furnished by the sanitary sewage works of the District through any connection thereto for direct use by the government of the United States or any department, independent establishment, or agency thereof. The rules for those payments are set forth in law codified at section 34-2112 of the D.C. Code and nothing in this Act amends or otherwise affects those rules. This bill requires that Congress make available, in appropriations acts, the funds that could be used for to pay stormwater management charges, but not that the appropriations act would need to state specifically or expressly that the funds could be used to pay these charges.

This bill is supported by the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, the National Association of Counties, the National League of Cities, the U.S. Conference of Mayors, the International City/County Management Associations, as well as the National Association of Clean Water Agencies. All of these national groups understand that stormwater management fees, without any exceptions, are necessary for managing and reducing water pollution caused by stormwater runoff. Moreover, they understand that many agencies in States and localities may stop paying their water and stormwater management fees if we do not act, putting even more financial burden on residents.

Federal law has mandated that these local governments must collect these fees. No exemption has been granted to Federal facilities. Please support S. 3481 to clarify the original intent of the law.

I urge my colleagues to support this bill.

Madam Speaker, I ask unanimous consent to take from the Speaker's table the bill (S. 3481) to amend the Federal Water Pollution Control Act to clarify Federal responsibility for stormwater pollution, and ask for its immediate consideration in the House.