The Ferguson Group Blog

The Passing of a Senator

Today has been a somber day of steady rain as New Jersey Senator Frank Lautenberg was buried at Arlington National Cemetery. News reports this past week cited how his passing was notable because he was the last sitting senator of the "greatest generation," that chamber's last veteran of World War II. His death came just months after Hawaii's Senator Daniel Inouye, a wounded veteran of that war, took his resting place among the nation's noted military and civilian leaders at Arlington.

It need be said that Senator Lautenberg's death on June 3, also is notable because it marked the passing of a champion of Federal policy to making communities healthier, the environment cleaner, and industry and travel safer and better. It was a personal agenda well suited to his home State of New Jersey but carried out with no less than the nation in mind. 

In his 28 years as a senator he served on virtually every committee and subcommittee that touched on authorizing and funding transportation, civil works and environmental policy. For a period he chaired the Transportation Subcommittee on Appropriations while as a senior member of the Environment & Public Works Committee. In recent years he also chaired the Surface Transportation and Merchant Marine, Infrastructure, Safety and Security Subcommittee of the Senate Commerce, Science & Transportation Committee.  His approach to legislating was to cover all the bases, or at least as many as he could. He championed improving airports and the aviation system, expanding the use of transit and passenger rail, modernizing freight transportation, bringing American port infrastructure to world standards, and securing them all from the those who would do us harm.  

He was appointed to the President's Commission on Aviation Security and Terrorism after the tragic downing of Pan Am Flight 103 over Lockerbie, Scotland, and returned to the Senate, after a two-year hiatus, to help write and oversee anti-terrorism law after the downing of the World Trade Center towers. In those towers he had served on the Board of Commissioners for the Port Authority of New York & New Jersey before being elected senator in 1982. That--and his building the Automatic Data Processing Corporation (ADP) from scratch--were parts of his resume about which he often enjoyed telling people if the occasion would allow.

Senator Frank Lautenberg put much effort into environmental issues. He devoted considerable time to the recovery of the old industrial wasteland through brownfields initiatives and Superfund legislation and to making the Toxic Substances Control Act more effective. He was protecting the coastline whether the recreation beaches or the nurturing marshlands. In his last year he walked the Jersey Shore in the wake of Superstorm Sandy, secured bi-partisan support for his toxic substances legislation and, from his wheel chair, cast his final vote in support of tighter gun legislation.

From start-to-finish Senator Frank Lautenberg was an advocate for his New Jersey and for improving the vitality of the United States by improving the quality of its people's lives and its means of commerce.

 

Wednesday News Roundup

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments. Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup!

Senate Panel Approves Sweeping Immigration Reform Bill

On Tuesday, May 21^st, the Senate Judiciary Committee approved the Gang of Eight’s immigration reform bill with a vote of 13 to 5.  The legislation, set for full Senate consideration next month, provides sweeping new investments in border security, and program and visa revisions for high-tech and low-skilled workers.  Read More… 

House Panel Approves Spending Cuts, Assumes More to Come

The House Appropriations Committee approved a $967 billion spending cap for fiscal year 2014 spending; an $80 billion cut from current spending.  As agencies struggle with $85 billion in current sequester cuts, this $80 billion cut would be in addition to next year’s installment of $109 billion in automatic cuts.  Read More…

Report:  Grid Vulnerable to Attacks

A new congressional reports says that the American electric grid in vulnerable to foreign cyber attacks, and is calling for stronger standards to protect it.  The report provides information from more than 100 electric utility companies, where more than a dozen of those companies say they face cyber attacks almost daily.  One company reports they are the target of about 10,000 cyber attacks each month.  Read More…

State and Local Technology Shows Feds How to Cut Waste

Last week, the House Committee on Oversight and Government Reform held an educational demonstration where state and local government cases served as prime examples of how you can both cut costs and make sure payments make it to the right places.  The demonstration was also meant to raise support for the Digital Accountability and Transparency Act (DATA Act), which failed to move through Congress last year.  Read More… 

Rail Subcommittee Questions Value of Amtrak’s Long-Haul Routes

As the House Transportation and Infrastructure Committee faces the impending expiration of the Passenger Rail Investment and Improvement Act in September, the Rail subcommittee is mulling the value of Amtrak’s long-haul routes, which lost a combined $600 million in 2012.  Read More…

2013 WRDA on Senate Floor

The Senate began floor consideration of the Water Resources Development Act of 2013 (WRDA) on Monday, May 6^th.  WRDA authorizes new projects for flood protection, port improvements and upgrades to the nation’s aging locks and dams.  Senate sponsors of WRDA (S. 601), Senators Barbara Boxer (D-CA) and David Vitter (R-LA), introduced a manager's amendment to substitute for the Senate Committee on Environment and Public passed bill with some contested elements pruned out.  The bill inched forward May 8^th with the adoption of the manager's amendment as agreed to on the previous day.

Two noncontroversial amendments were added to the manager's amendment, and while dozens of amendments have been proposed, and more are expected by week’s end, only a handful are likely to be voted on.  The Senate approved an amendment by Rep. Sheldon Whitehouse (D-RI) to authorize establishment of a National Endowment for the Oceans.  The endowment, if eventually funded by other legislation, would provide grants for research, restoration, and conservation efforts for U.S. marine environments and the Great Lakes.  The other adopted amendment, by Sen. Sherrod Brown (D-OH), would appoint the U.S. Fish and Wildlife Service as the lead agency to coordinate interagency efforts to halt the spread of the voraciously invasive Asian carp.

The leadership of the House Committee on Transportation and Infrastructure, the committee with primary jurisdiction over WRDA in the House, has indicated that they are not in a rush to take up the Senate WRDA bill.  The House expects to hold additional hearings and “listening sessions” on the bill and remains dissatisfied with the way the Senate handled the issue of authorizing projects to move from the study phase to construction.  With the House and Senate observing no-earmark policies, the question of how to authorize projects without naming them has challenged the two public works committees.  The Senate bill, according to House Transportation and Infrastructure Committee chairman Bill Shuster, cedes too much authority to the executive branch as to which projects can move to construction.  Chairman Shuster has not, however, released an alternative plan for moving projects to construction in light of the current prohibition on earmarks, which applies to authorizing bills as well as appropriations bills.

Work by the full Senate on WRDA can be expected to spill over into the week of May 13^th, Senate Majority Leader Harry Reid (D-NV) said as he urged his colleagues to hasten the pace on the much-needed legislation.  According to many observers, formal consideration of WRDA by the House committee will likely occur no earlier than mid-summer.

Wednesday News Roundup

Every Wednesday, The Ferguson Group blog will be posting a series of articles published over the previous week that discuss topics of interest to local governments. Learn about emerging trends and keep up on key policy issues by browsing the TFG Wednesday News Roundup!

Senate Passes Online Sales Tax Bill; House to Decide Its Fate

Now that the Senate has passed the Marketplace Fairness Act (MFA), the bill is on its way to the House, where it could face some tough criticism.   Read More…

Bill Invests in Next Generation

This week the American Dream Accounts Act will make its way back to the Senate.  The bill aims to authorize money to encourage the development of an online platform that can be used to provide underprivileged students with a savings account capability and college readiness tools.  Read More…

Immigration Bill Confronts Hundreds of Amendments

On Thursday May 9^th, the controversial immigration bill will make its way to the Senate Judiciary Committee, where it is set to confront some 300 amendments filed by both Democrats and Republicans.  Supporters hope the bill can withstand the approaching storm, and have faith that the Gang of Eight will do everything they can to get the bill passed.  Read More…

Debate Begins on Vitter’s Water Resources Bill

This week the Senate began debate on the newest Water Resources Development Act, a bill which has not been passed since 1997.  The Administration, environmental groups, and congressional appropriators all have criticisms about the current wording of the bill, but agree the country is in need of a water infrastructure bill.  Read More…

Lawmakers Plan to Start Drafting Farm Bill Next Week

After three years of work, the Senate Agriculture Committee will finally begin drafting the new farm bill next week; estimated to cost $500 billion.  The House unofficially plans to start writing its version of the bill on May 15.  The farm bill will cover spending for things ranging from food stamps to global food aid and biofuel development.  Read More…

Federal Sustainable Communities Agency Briefing: What we Learned

Last week HUD, DOT, and EPA representatives held a conference call to discuss their plans for the FY 2014 Sustainable Communities Initiatives.

The HUD Office of Sustainable Communities announced that it has allocated $75M to create a new Integrated Planning and Investment Grants program.   The HUD representative, Shirley Poticha, suggested, but would not commit, that this new program would likely replace the Sustainable Community and Community Challenge grant programs.  Specifics on this new grant program will be announced soon.  HUD also announced that past winners of Sustainable Communities grant will be eligible for grants to implement housing and economic initiatives. 

John Frese from EPA’s Office of Sustainable Communities gave an update on the utility of the Preferred Sustainability Status going forward.   In January, 2013 HUD/EPA/DOT sent memos to agencies directing that future RFPs include the six principles for Sustainable Communities. 

Frese also stated that the proposed Office budget for 2014 is $10.4M, which is an increase from FY12 budget of about $1.7M.  This Office plans to scale up technical assistance for sustainable growth.  They will also expand existing technical assistance programs like the Governor’s Institute on Community Design and the Greening America’s Capitals program. 

Frese announced that that the proposed Brownfields budget for 2014 is $85M and funding for Brownfield State & Tribal Program is pegged at $47M in FY 2014.  Frese also mentioned that EPA’s Office of Water will be issuing an Urban Waters Improvement Program.  These will be grants in the range of $40-$60K.   The grants will be made available to 7 communities.    Frese stated that The Office of Environmental Justice will not, however, be issuing a NOFA for the Small Grants program in FY2014.

Beth Osborne of USDOT gave a high level overview of the FY 2014 proposed budget.  Osborne touched on the proposed $10B American Fast Forward Bonds program – to create a national infrastructure bank.  She mentioned that AFF could include TIFIA–like assistance and could overlap some of TIFIA’s program offerings. 

Upcoming Climate and Energy Webcasts for State and Local Governments

The Environmental Protection Agency (EPA),the Department of Energy (DOE), and others will host ten webinars this month to assist state and local governments as they explore and plan climate change and clean energy efforts. The webcasts will highlight resources available to local governments and present examples of successful programs and policies implemented on the state and local level.

April 3, 1:00-3:00 PM (EDT) – Draft National Rivers and Streams Assessment 2008-2009: A Collaborative Survey - This webcast seminar will discuss the Draft National Rivers and Streams Assessment (NRSA). The NRSA is a study on the health of the nation’s rivers and streams, from the largest “great rivers” to the smallest headwater streams. To register for this webcast, click here.

April 3, 2:00-3:30 PM (EDT) – TAP/NASEO Webinar: State Energy Planning - This webinar is sponsored by the U.S. Department of Energy Technical Assistance Program and the National Association of State Energy Officials (NASEO). NASEO representatives will discuss their recent analysis of 39 state energy plans and accompanying Guide to State Energy Planning. This webinar will focus on the necessary steps to create an effective state energy plan, will feature states that have recently completed the process, and highlight best practices from NASEO’s research. Click here to register!  

April 3, 2:00-3:30 PM (EDT) – CHP Webinar: Enabling Resilient Energy Infrastructure – Our recent natural disasters have highlighted the need to protect critical infrastructure facilities, to better prepare for energy emergencies and long-term electric grid outages, and to consider how to rebuild a more resilient grid. This webinar will highlight the role for combined heat and power (CHP) systems in critical infrastructure resiliency, business continuity, and emergency planning and operations. To learn more about CHP by participating in this webinar, click here!

April 4, 1:00-2:00 PM (EDT) – The Role of Alternative Fuel Vehicles in Emergency Preparedness - This webinar will cover the important role that alternative fuel vehicles played in the aftermath of Hurricane Sandy. Learn about energy assurance plans at the state and local level and how transportation technologies can play a part in these plans and in future emergencies. Click here to join the webinar on April 4^th!

April 5, Noon-1:00 PM (EDT) – Urban Growth Trends in U.S. Metropolitan Regions: A Tale of Two Cities - In the past few months, the Office of Sustainable Communities and the National Center for Smart Growth have released papers examining growth patterns in large U.S. cities. The two papers are based on different sets of data and cover different periods and in some cases report different results. Join this webcast to learn the results of these two research projects by clicking here.

April 9, 1:00-2:00 PM (EDT) - Long-Term Power Purchase Agreements for Wind Power: University Perspectives – This webinar will examine how colleges and universities can procure wind power via long-term power purchase agreements (PPAs). Webinar participants will learn about wind PPAs; the potential for wind PPAs to reduce energy costs and reduce an institution’s carbon footprint; and the influence of long-term contracts on decisions by project developers to build new generation facilities, such as wind farms. To register for this webinar, click here!

April 10, 1:00-2:00 PM (EDT) – Workshop Planner/ Adaptation Strategies Guide - This webinar will highlight both the Workshop Planner and the Adaptation Strategies Guide, and how a water sector utility can use them both when developing adaptation plans. To for more details and to participate on this webinar, click here.

April 11, 2:00-3:30 (EDT) – Financing Energy Upgrades for K-12 School Districts - In April, DOE and the Lawrence Berkeley National Laboratory will release “Financing Energy Upgrades for K-12 School Districts,” a guide to tapping into funding for energy efficiency and renewable energy improvement in schools. This webinar will introduce key financing principles and the range of options available to schools, as well as feature several schools districts who have successfully implemented projects using a diverse set of financing approaches. To register for this informative webinar, click here.

April 17, 1:00-2:30 PM (EDT) - Climate Change Adaptation for State and Local Governments, Part 2: Overcoming the Uncertainty Barrier to Adaptation - This is the second in a three-part webcast series. In Part II, experts and local government staff will address the challenge of planning for climate change in the face of uncertainty. Click here to register.

April 24, 11:00 AM–12:30 PM (MDT) – Tribal Renewable Energy Series Webinar: How Power Marketing Administrations Market Power and Work with Tribes - This webinar will discuss ways to promote tribal energy sufficiency and foster economic development and employment on tribal lands using renewable energy and energy efficiency technologies. Tribal leaders and staff who are interested in registering should click here.

Sen. Boxer Releases bill to Increase Buildings’ Energy Efficiency

Energy and environmental aficionados are taking note of Senate Environment and Public Works Chairwoman Barbara Boxer’s (D-CA) new bill to improve energy efficiency in federal government buildings.  The bill, Promoting Efficiency and Savings in Government Act (S. 52), would require the General Services Administration (GSA) to conduct energy audits on buildings to identify ways to improve energy efficiency, reduce costs and ways to pay for themselves within 10 years as well as calculate costs that could be saved.  GSA would then have to report to Congress and the public within a year on the energy and cost savings tied to improving efficiency.  They would then set minimum energy-intensity and lighting-efficiency standards, and record energy and water-efficiency information for all building leases entered into by the federal government.

Senator Boxer also wrote a letter to Matt Erskine, Acting Assistant Secretary for the Economic Development Administration saying that a future program could be modeled after the Transportation Infrastructure Finance and Innovation Act (TIFIA), but called BIFIA for buildings.  She said the program could help communities “invest in clean technologies that reduce energy demands, lower energy bills, and promote more durable energy systems”.

The Environmental Protection Agency say on their website, energy used by commercial and industrial buildings in the United States is responsible for nearly 50% of our national emissions of greenhouse gases (GHGs) that contribute to global climate change.  BIFIA could make a real difference to local governments if, through future legislation, they can achieve substantial energy cost savings across their facilities, demonstrate energy and environmental leadership, and raise public awareness of the benefits of energy efficiency to reduce GHG emissions.

 

Supreme Court Reverses Ninth Circuit on Polluted Water Liability

Today the Supreme Court of the United States reversed the Ninth Circuit Court of Appeals opinion holding municipal governments liable for discharging polluted water in violation of the Clean Water Act (CWA).  Notwithstanding the reversal, it is likely there will be continued developments in this case in light of the sole and narrow question considered by the Court.

As noted in the TFG blog last summer, the Ninth Circuit found LA County Flood Control District (District) liable for merely channeling polluted water and in spite of the fact the municipal government did not generate the pollutants or add pollutants to the water being channeled (NRDC v. County of Los Angeles, No. 10-56017).  The District argued that merely channeling pollution created by other parties should not create liability.  The Ninth Circuit dismissed this argument and wrote, “(the CWA) does not distinguish between those who add and those who convey what is added by others – the Act is indifferent to the originator of the water pollution.”  The Court added, “(CWA) bans ‘the discharge of any pollutant by any person’ regardless of whether that ‘person’ was the root cause or merely the current superintendent of the discharge.”

The Supreme Court granted review in the case but limited its review to a single question: whether the flow of water out of a concrete channel within a river rank as a “discharge of a pollutant” under the Clean Water Act?”  Justice Ginsburg, delivering the opinion of the Court, held it does not and reversed the Ninth Court’s judgment and remanded the case.

Justice Ginsburg cited the Court’s holding in Miccosukee case wherein the Court accepted that pumping polluted water from one part of a water body into another part of the same body is not a discharge of pollutants under the CWA.  Justice Ginsburg found the Ninth Circuit’s decision was inconsistent with Miccosukee and, therefore, reversed the lower court’s judgment.

In the final paragraph of the opinion the Court outlines the NRDC’s alternative argument for liability: the monitoring system showed numerous instances in which water quality standards were exceeded and this fact alone is sufficient to establish the District’s liability under CWA.  Justice Ginsburg noted this argument was not embraced by the narrow question on which the Court granted certiorari and, therefore, the Court’s decision neither addresses nor indicates an opinion on this argument.

Municipal governments, flood control districts, and other entities with responsibility for or ownership of stormwater infrastructure should continue to follow this case for additional developments. 

Today’s Supreme Court’s slip opinion can be found here and the Ninth Circuit Court’s opinion from last summer can be found here.

 

Energy Efficiency: A Little Competition is Good

Next Thursday, consider joining the EPA for a webinar to learn how local governments can plan and run an energy efficiency competition to encourage energy reductions in their communities. Not only will you learn about the benefits of a competition, the basic steps involved, common barriers and possible solutions, and free resources to help local governments put together their own competition, but you’ll also hear first hand from a Ferguson Group client and energy efficiency competition trailblazer, the City of Cary, North Carolina.  

The Cary team will be talking  about their efforts to reduce energy use across their fire stations, along with a sneak peek at their upcoming “Fire Chief's Challenge” for fire stations nationwide.  I hope you’ll join me in learning from EPA and Cary by clicking on this link.

EPA to Host Webinar for Local Governments on Resource Conservation and Recovery Strategies that Reduce Greenhouse Gas Emissions

Next Thursday, November 15^th, the Environmental Protection Agency (EPA) will conduct a webinar that will focus on how local governments can work with their citizens, private companies and other groups to cost-effectively reduce greenhouse gas (GHG) emissions through strategies that reduce waste generation and divert waste from landfills.

Guest speakers will include folks from Alameda County, CA and Kansas City, MO. Both communities have been successful in implementing innovate strategies to reduce GHG emissions, waste disposal costs, and energy use and would like to share their experiences with you. In addition, EPA program managers will educate attendees on tools and resources they can use to design and implement a conservation and recovery plan that is the right fit for your community.

To register for the Thursday, November 15^th 2:30 p.m. - 4:00 p.m. EST webinar click here. If you can’t make the webinar, don’t worry, EPA recently released a handy guide for local governments on developing and implementing GFG reduction programs to help get you started!