The Ferguson Group Blog

Will Waterfronts be Tomorrow’s Mainstreets?

Waterfronts and ports in particular, continue to gain attention in Washington, where they are viewed as increasingly integral to the economic development and sustainability of their surrounding communities. A new bill, “The Waterfront of Tomorrow Act,” was announced on July 30th by Congresswoman Nydia Velazquez (D-NY). While the bill’s focus is to help protect New York City from future floods, the bill will need the support of port cities across the nation and has been designed to have nationwide appeal.

If passed, the bill would incorporate ports and harbors into the National Freight Policy provisions included in MAP-21; it would establish a state and local grant program within the Economic Development Administration to establish environmentally sustainable waterfront areas; and it would allow the Environmental Protrection Agency and the U.S. Maritime Administration to jointly establish a “Green Port” designation, which would be accompanied by federal grant funding and technical assistance.

Re-framing waterfronts as tomorrow’s mainstreets is what this bill is all about. The Congresswoman is initially looking at seeking support from California and New Jersey members to build the momentum needed to gain nationwide support. If your community has a waterfront, this is a bill to watch.

Water Resources Development Act Headed to Committee, House Floor this Fall

When the House and Senate resume session in September, House Transportation and Infrastructure Committee Chairman Bill Shuster intends to bring up consideration of the Water Resources Development Act (WRDA), a bill that authorizes federal funding for Corps of Engineers-backed water infrastructure projects nationwide. House Floor action could come as early as October. The bill will also address a number of policy issues, setting up an expedited planning process designed to get projects into construction sooner and at reduced costs.

The House bill is unlikely, however, to include a new Water Infrastructure Finance and Innovation Act (WIFIA) authority. The Senate-passed WRDA bill includes WIFIA, which would offer low-cost, long-term financing for water infrastructure projects both through the Corps of Engineers and the Environmental Protection Agency (EPA). Under the Senate WRDA bill, WIFIA-backed loans would not begin loan repayment until five years following substantial completion of a project, with a 35-year repayment period. As of August 8, 2013, the TIFIA 35-year loan rate, which the WIFIA program is likely to replicate, was 3.68 percent.

If WIFIA were in place today, would your community pursue a WIFIA loan? Would the WIFIA loan rate allow you to move forward on a project more quickly than if the assistance was not in place? How much could your community save if WIFIA were in place today?

If WIFIA would help your community, tell your congressional delegation. Request a meeting while Members of Congress are back home and tell them how important WIFIA would be to your community.

House and Senate passage of a WIFIA program is far from assured.

Your Member of Congress is Home – Time to Get Involved

Members of Congress headed home last week for 5 weeks. Some call it recess, some call it vacation, and some call it district work period. Regardless of what it’s called, Members are back in their districts and now is a good time to communicate your priorities directly to your elected officials. Current spending bills run through the end of September, yet no appropriations bills have been passed into law. The current farm bill expires at the end of September, yet there is no final bill. The Senate has passed comprehensive immigration reform, but there is no real movement in the House. Leaders in the House and Senate are hoping to move comprehensive tax reform this fall, but we don’t have a blueprint of what that reform may look like. Will we still be able to deduct home mortgage interest; we will still have a child tax credit; will interest on municipal bonds continue to be tax exempt? Many issues in front of Congress affect you… and now is a great time to talk directly to your Member and communicate how these and other federal issues will impact you and your community.

For help accessing contact information, please contact The Ferguson Group.

Bill Introduced to Promote Pilot Communities/Extend Clean Water Permit Terms in Implementing EPA Integrated Planning and Permitting Framework

On July 17th, Reps. Steve Chabot (R-OH), Mike Simpson (R-ID), and Sam Graves (R-MO) introduced H.R. 2707, the Clean Water Compliance and Ratepayer Affordability Act of 2013. The bill that would provide local communities the flexibility to use innovative and cost-effective approaches to federal Clean Water Act (CWA) compliance, either under an Environmental Protection Agency (EPA) CWA permit or court-approved consent decree. The bill would create a pilot program for 15 communities across the country to transparently work with the EPA to develop new, more flexible ways for communities to meet CWA compliance goals under the agency’s new Integrated Planning and Permitting Framework.

H.R. 2707 facilitates flexible compliance solutions by providing the EPA with the direction and authority to work cooperatively and collaboratively with pilot communities to: lengthen the terms of Clean Water Act permits to up to 20 years; adjust implementation plans under consent decrees; take into account worsening economic conditions affecting a community’s ability to afford wet weather investments; and strengthen a community’s ability to use innovative and adaptive approaches to solve wet weather problems.

The immediate need for this legislation could not be more pressing as many communities across the nation, currently reeling from the strain of high unemployment, stagnant economic conditions, and the housing crisis, grapple with unfunded federal mandates for water infrastructure improvements to meet stringent CWA requirements. While reducing and eliminating sewer overflows and ensuring stormwater flows do not pollute waterways should be our primary goal, allowing communities to use new, cost effective methods, such as “green” infrastructure and adaptive management, to accomplish these tasks can reduce costs while fixing the problems at hand. The legislation directs the EPA to provide these struggling communities with the flexibility and realistic timelines to plan, implement and assess results in a transparent, integrated process in order to inform future investments in clean water projects.

The Perfect Storm Coalition, made up of communities facing these daunting mandates, has lobbied for the introduction of H.R. 2707 for the past several years, and looks forward to congressional hearings on the legislation. The Coalition is also working with the Senate to introduce a companion bill. If your community is concerned about massive investments in clean water infrastructure required by the EPA or the courts to meet CWA regulatory mandates, please consider joining the Coalition and pushing for the bipartisan adoption and enactment of this important legislation.

Infrastructure Bank Bills Compete

Will this be the year that Congress moves an infrastructure bank bill forward? At a time when available federal dollars are not meeting the needs of the nation’s infrastructure projects, the concept of a federal infrastructure bank may finally be gaining much-needed momentum. Last week two separate Democratic House members promoted competing infrastructure bills.  Congresswoman Rosa DeLauro (D-Conn.) reintroduced her infrastructure bank bill, the “National Infrastructure Development Bank Act,” – a proposal she has steadfastly reintroduced annually for the past decade!  And, freshman congressman John Delaney (D-Md.) circulated a letter in support of his infrastructure bank bill, “The Partnership to Build America” (H.R. 2084).  Delaney’s bill proposes to leverage private dollars to fund large infrastructure projects. Unlike most federal infrastructure bank proposals, however, DeLaney’s bill is not initially capitalized with appropriated funds.  Instead, Delaney’s bill proposes to use tax earnings repatriated from overseas, which is a unique and controversial approach.  DeLauro’s bill proposes to capitalize the bank with $25 billion in appropriations, and then projects the bank to become self-sustaining through revenues from financed projects.  Despite support from the President and Senate Democrats, the infrastructure bank idea has yet to catch fire.  With two competing bills this year, expectations are heightened that one could gain enough momentum to finally take off. 

What's Next for the Farm Bill?

Questions about the fate of the Farm Bill have been circulating around Capitol Hill since the House of Representatives famously failed to pass its version of the bill on June 21.  It was then that the nearly $1 trillion bill was shot down by a vote of 234-195, with 62 Republicans joining Democrats in casting a nay vote.  As I reported in the final days of consideration of the bill, the debate was polarized between farm subsidies and food stamp programs.  In the end, it's unclear which side won.

House leadership no doubt felt the heat last week and that scrutiny does not look like it will end any time soon. The agricultural industry was not shy about hiding its disappointment in the vote and many farmers and ranchers are already predicting higher prices if the farm bill is not reauthorized. Yet the most telling side of the House's final vote on the bill lies within the chamber itself.  Many insiders are pointing at the House's handling of the farm bill as a sign of what is yet to come; saying that the House is simply too divided to pass any major piece of legislation.

But the biggest question on everyone's mine last week was "what now?" Will the House Agriculture Committee present a revised bill?  Perhaps one that doesn't include as deep of cuts to the food stamp program?  If a bill is not re-introduced, will another extension of the 2008 Farm Bill occur?  Or will a more creative strategy to passage be considered?  Rumors even began circulating at the end of last week about splitting the two most controversial issues up by floating legislation on food stamps and farm subsidies independently.  But even that move has drawn opposition, both from party officials and the agricultural community who sees the political value of keeping the two issues tied together.

The parties seem to agree on one thing though... that it is critical to reauthorize the farm bill.  But at this point, its just too difficult to know if they will be able to do so.  

House HUD Funding Bill Deals a Blow to Key Programs, Outlook Better in the Senate

Earlier this week, the House Transportation-HUD Appropriations Subcommittee approved its FY 2014 appropriations bill. The full Appropriations Committee is scheduled to consider the bill on June 27. The bill includes $28.5 billion for HUD, $5 billion, or 15 percent, less than the FY 2013 enacted level and $3 billion, or 9 percent, less than the FY 2013 post-sequestration funding level.

Community Development Block Grant formula funding would be decreased by almost 45 percent to $1.6 billion.  Overall, funding for Community Development Programs would be cut by $1.9 billion from FY 2013 to $4.8 billion, which is $1.6 billion below the spending level under sequestration. It would eliminate funds for new "sustainable" or "green" community development programs. The bill would fully fund veterans housing vouchers at $75 million, but would cut Section 8 and public housing overall by $953 million to $24.9 billion. Families expected to hold vouchers at the beginning of FY 2014 would continue to receive assistance. Housing for the disabled and for the elderly would be funded at levels requested by the Administration at $126 million and $374.6 million respectively.

Will the House Get to Vote on Farm Bill?

The House of Representatives began debate of H.R. 1947, the Federal Agriculture Reform and Risk Management Act (FARRM Act), on Tuesday with the anticipation of finishing the bill by Thursday afternoon. However, a long list of amendments could extend final debate of the bill. A few reports indicate that 100 amendments may be considered on the floor of the House with about half of them requiring roll call votes.  That's a pretty agreessive schedule for two days and House Agriculture Chairman Frank Lucas (R-OK) and Ranking Member Collin Peterson (D-MN) may have to push a final vote on the measure in to next week.  

With the Senate passing its farm bill reauthorization last week, the pressure is on the House to approve a bill if there is any hope of a House-Senate conference on a final measure.  But there is still uncertainty as to whether or not congressional leadership even has the votes to pass a bill on the House floor.  Both Chairman Lucas and Ranking Member Peterson have said that this is a bi-partisan compromise bill, and that each side won some and lost some.  Most of the indecision rests with proposed cuts to the food stamp program and farm subsidy programs... conservatives believe the food stamp program should be reduced while liberals argue for cost savings to come from cuts to farm subsidies.  

To say the least, the final debate by the House on a farm bill should be interesting.

Want A Say on Bills Moving Through Congress?

House Majority Leader Eric Cantor will give it to you.  Cantor announced that Cosponsor.Gov launched on June 4.  This is an expansion of the Citizen Cosponsor Project that “helps foster a national conversation between the American public and their elected officials.” 

Cosponsor.Gov will feature every bill and resolution introduced in the House, and will be searchable by title, sponsor, bill number, and issue area, and the tracker will show you exactly where the bill stands. You can “cosponsor” these bills and demonstrate your support for the measure.  The website’s platform is on Facebook, so your support for bills can be seen by all your FB friends.

Deliberative or Gridlocked?

Before Congress heads into the month-long August research, the House and Senate have set their sights on accomplishing a great deal, but this hefty to do list may prove too much for a Congress that has struggled to reach consensus:

Appropriations Bills

Immigration Reform

The Farm Bill

IRS Oversight

No Child Left Behind Overhaul

Legislation Related to Student Loan Rates

So far this year, only 11 measures have been passed and signed by the President, far fewer than in past years.  Some may argue that failure to pass legislation is a good thing and that, in the very way our Congress is structured, gridlock was intended by our Nation’s founders. What do you think?