House Passes “Do Not Flush” WIPPES Act
On June 23, the U.S. House of Representatives passed the WIPPES Act (H.R. 2269) on an overwhelming bipartisan voice-vote, sending the bill to the Senate. If enacted into law, the bill would establish national “Do Not Flush” labeling mandate for non-flushable wipes packaging to stop the flushing of these wipes as a means of disposal and mirrors California’s law championed by CASA. If enacted, the legislation would help reduce damages to sewer and water treatment infrastructure caused by these wipes and reduce the associated repair costs, which are ultimately passed down to ratepayers.

A testament to the straightforward and bipartisan policy, H.R. 2269 continues to enjoy public endorsement from a diverse stakeholder coalition. The coalition represents a cross-section of the sectors impacted by the flushing of non-flushable wipes, including national and state clean water associations, wipes manufacturers, environmental advocates, and civil engineers. Since its creation in the 118th Congress, CASA has led this coalition at the federal level. A testament to the issue and CASA’ s leadership, the coalition has maintained a united front advocating for the WIPPES Act for over four years now and two Congresses, despite the dynamic nature of the federal policy process.

H.R. 2269 now heads to the Senate, where the Senate companion WIPPES Act, S. 1092, is awaiting Floor action. Earlier this Spring the Senate Committee on Commerce, Science and Transportation amended and reported out S. 1092 on a bipartisan voice-vote. Next steps for the WIPPES Act effort will be for the Senate to act on S. 1092 to allow the two chambers to conference the two bills and proceed with final passage later this Congress.

 

House Committee Advances NPDES Permit Term Extension CASA Priority
On June 25, the House Committee on Transportation & Infrastructure amended and approved H.R. 3898, The PERMIT Act, on a vote of 34-30, sending the legislation to the House Floor. Most notably, H.R. 3898 includes a longstanding federal priority of CASA. Section 7 of the bill amends the Clean Water Act to increase the National Pollutant Discharge Elimination System NPDES permit term to a period of ten years for all NPDES permit holders. The current NPDES permit term is five years. The language is based off legislation sponsored by Representative Ken Calvert (R-CA) and Representative John Garamendi (D-CA), H.R. 2093. As a key sponsor and a senior member of the committee, Representative Garamendi spoke strongly in support of the provision during the committee markup, as it applies to public agencies. He noted that the change acknowledges the reality that both water infrastructure projects and permit requirements are increasing in complexity and go beyond the scope of current five-year period.

In addition to NPDES permit term extension, Section 8 of H.R. 3898 would codify the recent U.S. Supreme Court decision in City and County Of San Francisco, California V. Environmental Protection Agency. If enacted, this would ensure that the U.S. Supreme Court’s decision is enforceable under law. Finally, H.R. 3898 also includes language to expedite the approval process for Section 404 permits under the Clean Water Act. It is likely that H.R. 3898 will be brought up for debate and a vote on the House Floor this Congress.