Energy & Environment

According to the National Resources Defense Council, flooding throughout the country will continue to be intensified by sea level rise and extreme weather. In fact, the nation’s floodplains are expected to grow an average of 45% by the year 2100. 500-year and 100-year floods are now occurring more often than expected, leaving communities everywhere at risk for major economic and public safety concerns. As local officials grapple with these new trends, many are looking regionally to tackle this widespread problem.

Whether flooding takes place on the gulf coast, the urban streets of Pittsburgh, or a small town along the Missouri River, communities across the U.S. must develop ways to handle the aftermath of flooding. Flooding does not start and stop at jurisdictional boundaries. This is evident from previous years’ hurricanes, flash floods up and down the east coast, and the recent flooding devastation that urban and rural communities in the Midwest are still recovering from. The Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) is helping local officials in Nebraska and Iowa coordinate resources in the aftermath of the Missouri River flooding. The region is focused on recovering and reestablishing what has been damaged and lost in the region’s worst flooding event in history. MAPA is hopeful to one day establish a committee dedicated to providing information to local officials, reduce redundancies across governing bodies, and coordinate planning efforts in both states. The increased frequency of these climate-related flooding events is causing many regional leaders to seek new and inventive solutions to mitigate this problem.

Many of NARC’s members are acting as regional partners to combat major flooding through a complex consortium of stormwater user fees and taxes, green infrastructure, zoning regulations, long-term stormwater designs, and flood risk mapping tools.

Risk Mapping Tools

Hazard and risk mapping are extremely valuable in times of crisis and disaster management. The Houston-Galveston Area Council (HGAC) provides its region with a zip zone map so residents know what evacuation zone they’re in. This includes state-supported evacuation routes with identified resources such as fuel and Texas Department of Public Safety troopers. These mapping and zoning resources, coupled with the HGAC regional plan, improve the quality of life for Texans. In HGAC’s Our Great Region 2040 plan, they highlighted the necessity for structural solutions – including dikes, flood gates, and drainage improvements – to protect key assets, but their cost means this approach must be carefully targeted. HGAC’s Regional Flood Management Committee also addresses these issues to effectively manage the floodplain and provide coordination among all parties involved to ensure the entire watershed is protected. Tools like these help ensure cooperation and coordination takes place within a region in the event of a major flood.

Green Infrastructure

Green infrastructure uses vegetation, soils, and other elements and practices to restore some of the natural processes required to manage water and create healthier urban environments. Both urban and rural communities are using green infrastructure to reduce and treat stormwater at its source while delivering environmental, social, and economic benefits to their areas. The Southeast Michigan Council of Governments (SEMCOG) is developing a regional green strategy by providing the region with a Great Lakes Green Streets Guidebook,which provides a sampling of projects throughout the region utilizing green infrastructure techniques. Another tool SEMCOG uses in their regional strategy is the Wisconsin Green Infrastructure Guide – an audit of local codes and ordinances that often create a barrier to green infrastructure projects. SEMCOG is also working on an asset management project that will coordinate projects across jurisdictional boundaries and planning sectors in a cohesive and cost-saving manner.

Stormwater Taxes and Fees

Stormwater fees are another tool regions are using to better prepare for flooding. In Pennsylvania, for example, several municipalities are in the process of implementing local stormwater ordinances. Stormwater fees and authorities are especially important for municipalities that operate municipal separate storm sewer systems (MS4s), because they allow local and regional areas to charge system users and generate funds to help pay for upgrades and future improvement projects. The Southwestern Pennsylvania Commission (SPC) produces a  Forces of Change Exploratory Scenario Reportsdocument listing stormwater fees as a primary proactive strategy to protect communities from flooding and harmful pollution. This is produced by the Water Resource Center (WRC), first formulated in 2013 to address water-related concerns in the region. In addition to stormwater fees, 518 of the 548 municipalities in the SPC region are a part of the National Flood Insurance Program (NFIP) and three municipalities (Upper St. Clair, Etna, and Shafer) in Allegheny County have opted into Community Rating Systems (CRS) to manage activities that exceed minimum NFIP requirements.

Over the past decade more flooding in the United States is occurring in the Mississippi River Valley, Midwest, and Northeast, while domestic coastal flooding has doubled in a matter of decades. Advanced preparation can save communities time and money and protect citizens. Regional strategies are critical to establish emergency and disaster preparation to minimize flood impacts.

After more than a year of negotiations, the Senate appears to have moved closer to an agreement on disaster funding for Puerto Rico, Florida, and California. 

According to Politico, Senators Richard Shelby (R-AL) and Patrick Leahy (D-VT), the chair and ranking member of the Senate Appropriations Committee, respectively, and the President are near an agreement that will provide $17 billion in assistance to communities recently impacted by disasters, though the amount going directly to Puerto Rico remains under discussion.  

Sadly, it is likely that the debate around how much the federal government should spend to respond to the impacts of disasters on states, counties, cities, and regions will continue as more and more data suggest that climate change and weather-related disasters are likely to be on-going and have more severe consequences than previously thought. 

Early Monday, hundreds of scientists, working under the auspices of the United Nations, gathered in Paris for the release of a summary report that was approved by 132 nations, including the United States.  The report focuses on the unanticipated impact that climate change and weather-related disasters are likely to have.  New and profoundly significant impacts on plants and animals and the ecosystems in which they live, and upon which humans are dependent, are now predicted.  

The report states that changes in weather patterns such as those being experienced in the Midwest and Mississippi and Missouri River Basins right now, the severity of storms and sea level rise, the elimination of coastal wetlands and inundation of fresh water supplies by salt water, and continued melting of the polar ice caps, will result in the extinction of a million plant and animal species. The report adds that once flourishing ecosystems are likely to all but disappear because humans are transforming the earth’s natural landscapes so dramatically.

While short term political battles, such as the one we are seeing over disaster relief for Puerto Rico and some states, are likely to continue, there can be no doubt, given the most recent reports on climate change, that funding for disaster relief will continue into the foreseeable future as we face an increasing number of climate change and weather-related disasters.

Happy Earth Day! Regional councils across the country are celebrating today by spreading information on environmental issues and earth-friendly activities.

One of the activities that councils are promoting today is bicycle commuting. National Bike to Work Day will be held May 17^th, and many councils have biking events planned either on the 17th or another date in May and June.

As both transportation and environmental planners can tell you, transportation leaves a significant environmental footprint. According to the U.S. Environmental Protection Agency, 29% of greenhouse gas emissions originate from the transportation sector.

Each commuter who chooses to bike to work and keep a car off the road lowers emissions. Each individual trip adds up, and studies indicate that even a moderate increase in biking trips can create a significant regional impact.

Check out the events below to see how regional councils are planning and supporting regional Bike to Work and Bike Month initiatives.

Hosting your own Bike to Work event? Send your stories to eli.spang@narc.org or use the hashtag #RegionsLead on social media!

Regional Bike to Work Events:

Metropolitan Washington Council of Governments (MWCOG)

On May 17, MWCOG’s Commuter Connections program is partnering with the Washington Area Bicyclist Association for their annual bike to work event. The first 20,000 Bike to Work registrants will receive an event T-shirt that they can pick up at one of the 115 pit stops that will be set up throughout the greater DC area. The pit stops will offer refreshments and a raffle for a new bike. More information can be found on the event site.

Denver Regional Council of Governments (DRCOG)

Colorado’s weather can be unpredictable in May, so the State of Colorado declared the fourth Wednesday of June as Bike to Work Day (June 26). DRCOG’s Way to Go program convenes city and county governments and local organizations to plan the event, which aims to educate commuters on the benefits of biking. The event features pit stops, food, group rides, apparel, and awesome posters.  

Houston-Galveston Area Council (H-GAC)

HGAC holds a Bike to Work event on May 16, and also celebrates the entire month of May as Bike Month. As commuting only makes up a portion of all trips, H-GAC also uses Bike Month to encourage other biking trips to go to schools, libraries, and restaurants; and to visit friends and family.

North Central Texas Council of Government (NCTCOG)

NCTCOG also celebrates Bike Month. This includes a Bike to Work Day on May 17 and multiple local Bike to Work and Bike with the Mayor events. NCTCOG also uses Bike Month to encourage use of TryParkingIt.com, their ride-match and trip-logging program, which helps commuters in the region match up with transit, biking, and walking buddies.

On March 6th, House Transportation and Infrastructure Committee Chair Peter DeFazio introduced the Water Quality Protection and Job Creation Act of 2019 (H.R. 1497), which would reauthorize the Clean Water State Revolving Fund (CWSRF) program.

The following day, the Transportation and Infrastructure Committee’s Water Subcommittee discussed CWSRF reauthorization in a hearing titled “The Clean Water State Revolving Fund: How Federal Infrastructure Investment Can Help Communities Modernize Water Infrastructure and Address Affordability Challenges.”

Recent actions and statements by members of Congress on both sides of the aisle indicate an interest in both moving an infrastructure package forward and including water infrastructure in that package. This reopening of discussion on CWSRF reauthorization prompts a review of the current state of the CWSRF and the potential opportunities and challenges presented by reauthorization.

CWSRF Background

The CWSRF dates to 1987 when Congress amended the Clean Water Act (CWA) creating a capitalization grant program to finance infrastructure for sewage treatment and water quality improvement. Prior to 1987, Congress funded public wastewater infrastructure using a direct grant program that would cover 55% and 75% of construction costs for qualifying public projects.

The CWSRF program was developed with the intention of transitioning to a system in which state and local governments would cover 100% of wastewater infrastructure financing. Congress set the target date of this transition as fiscal year (FY) 1995 – a date coinciding with the expiration of the CWA’s original authorizations in 1994 – and authorized the program for $18 billion to be distributed between fiscal years 1987 to 1995.

Unresolved funding needs and administrative challenges prevented the realization of a complete transition to state and local funding as the program reached the end of its authorization in FY 1995. While the CWSRF has not been reauthorized since then, Congress has continued appropriating funds for the program. Annual appropriations amounts through FY 2018 can be seen in the table below.

Table 1: Clean Water Appropriations FY 1987 – FY 2019

Source: CRS Funding for EPA Water Infrastructure: A Fact Sheet

How Does the CWSRF Work?

All 50 states as well as Puerto Rico currently participate in the CWSRF program. The EPA provides capitalization grants that serve as seed funding the each state’s revolving fund. States then use their funds to issue loans, buy local debt, and issue guarantees.

The primary benefit of CWSRF loans is the below-market interest rates that they provide to states. In 2017, the average interest rate of CWSRF loans was 1.4%, significantly lower than the market rate of 3.5%.

More information on the program with details on loan issuance and leveraging can be found in the EPA’s SRF Fund Management Handbook.

Repayments and interest earned from outstanding loans return to the states revolving funds and are then used to develop new loans. States are also able to increase financing capacity by leveraging their funds and issuing fund-backed bonds. The figure below shows how leveraging has increased the impact of federal dollars provided to the program.

Figure 1: Leveraging of Federal Capitalization Grants

Source: EPA CWSRF 2017 Annual Report

Proposed Reauthorization Legislation

The bill introduced on March 6th, the Water Quality Protection and Job Creation Act of 2019 (H.R. 1497), would authorize $23.5 billion in wastewater infrastructure investment over the next five years, with $20 billion dedicated to capitalization of the CWSRF. Under this authorization, Congress would be able to appropriate up to $4 billion per year for the program. This would be more than double recent CWSRF appropriations, which totaled $1.39 billion in FY 2017 and $1.64 billion in FY 2018.

CWSRF reauthorization legislation has been introduced before, but has never passed. The most recent effort was made during the 115th Congress with the Water Quality Protection and Job Creation Act of 2017 (H.R. 2510). Compared to previous years, H.R. 1497 has an increased chance of passage as both Congress and the Administration have identified infrastructure as a priority for the 116^th Congress and indicated an interest in developing bipartisan legislation on the subject.

Funding Challenges for the CWSRF

Funding the CWSRF program presents a significant challenge for lawmakers. While other infrastructure domains like surface transportation benefit from user-driven revenue streams like the federal gas tax, an equivalent has not yet been identified for water infrastructure.

One recently proposed bill would increase the corporate income tax rate from 21% to 24.5%, sending $35 billion a year to a water trust fund that would be used to fund the CWSRF. Another proposal, introduced during the 115th Congress, would create a water trust fund by allowing businesses that produce bottled products to voluntarily pay a $0.03 per unit fee in exchange for the right to place a label on their products indicating their commitment to clean water resources protection.

Despite consensus that water infrastructure investment needs to be increased, all reauthorization proposals that require increased spending of general funds are likely to cause disagreement among lawmakers. Consequently, the identification of other sources of revenue would increase the chance of successful passage of a CWSRF reauthorization.

Reauthorization Potential in 2019

There are indications that CWSRF reauthorization legislation may gain traction as a part of the broad effort to develop infrastructure legislation during the 116th Congress. Recent congressional hearings and comments by House leadership and the Administration show that support exists on both sides of the aisle for moving infrastructure legislation forward and funding water projects.

Uncertainty remains, however, and this uncertainty is encapsulated well by the Administration’s recently released FY 2020 budget which cuts the CWSRF program budget by $600 million, while also providing a $200 billion placeholder for “additional infrastructure investments” that would likely include water infrastructure investment.

The Environmental Protection Agency (EPA) and Army Corps of Engineers have officially released a revised definition of “Waters of the United States” (WOTUS) which determines the scope of federal regulation under the Clean Water Act (CWA). The comment period for the revision will be open until April 15, 2019. The revised definition and comment submission information can be accessed here. 

What would the redefinition do?

The redefinition would create six categories of regulated waters and eleven categories of exempted waters.

The six categories that would be regulated:

1. Traditional navigable waters, including the territorial seas;
   1. The previously separated categories of “navigable waters” and “territorial seas” would be merged, but regulation of these waters would not be altered.
2. Tributaries that contribute perennial or intermittent flow to such waters;
   1. Tributaries would not include any surface features that only flow as the result of precipitation. Ephemeral flows like dry washes and arroyos would be excluded.
3. Certain ditches;
   1. Only ditches that also satisfy the conditions of the tributary definition, and ditches constructed in an adjacent wetland would be included. 
4. Certain lakes and ponds;
   1. Lakes and ponds that satisfy the conditions of traditional navigable waters would be included.
   1. Lakes and ponds that contribute a perennial or intermittent flow to other jurisdictional waters would also be included.
5. Impoundments of otherwise jurisdictional waters; and
   1. The redefinition would not alter the regulation of impoundments.
6. Wetlands adjacent to other jurisdictional waters.
   1. Wetlands would satisfy the requirement of adjacency if they “abut” or have a “direct hydrological surface connection” with other jurisdictional waters.

The eleven categories of waters that would be exempted:

1. Waters or water features that are not identified in the six categories of regulated waters.
2. Groundwater, including groundwater drained through subsurface drainage systems.
3. Ephemeral features and diffuse stormwater run-off.
4. Certain ditches.
5. Prior converted cropland.
6. Artificially irrigated areas that would revert to upland if artificial irrigation ceases.
7. Certain artificial lakes and ponds constructed in upland.
8. Certain water-filled depressions created incidental to mining or construction activity and pits excavated for the purpose of obtaining fill, sand, or gravel.
9. Stormwater control features excavated or constructed in upland to convey, treat, infiltrate, or store stormwater run-off.
10. Wastewater recycling structures constructed in upland.
11. Waste treatment systems.

The background of WOTUS

The definitions of “Navigable Waters” and “Waters of the United States” have changed multiple times since the creation of the CWA in 1972. The most recent redefinition occurred in 2015 and expanded CWA scope, including increased jurisdiction regarding ephemeral water features and water features adjacent but lacking direct hydrological connections to jurisdictional waters.

Source: Environmental Protection Agency

Since its introduction, the 2015 definition has faced litigation regarding its validity under the Constitution and the CWA. As a result, the rule has been blocked in 28 States and is currently only recognized in 22 States, the District of Columbia, and U.S. Territories. In states where the 2015 rule is blocked, the EPA’s less-inclusive 1988 definition of “Waters of the United States” remains in effect.

On February 28, 2017, President Trump signed the Executive Order “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States’ Rule.” This order began the process of developing the currently proposed redefinition. The intention of this redefinition as stated in the Executive Order is “to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.”

The official revised WOTUS definition was released on February 14, 2019 and the comment period on the rule will be open until April 15, 2019. The latest fact sheets, infographics, supporting documents, information on the revision can be accessed here on the EPA’s website.