Legislative Update: Senate EPW Advances WRDA Bill, House Panel Advances Farm Bill

Senate EPW Advances WRDA Bill

The Senate Environment and Public Works Committee (EPW)unanimously approved the 2024 Water Resource Development Act (WRDA) bill (S. 4367), which authorizes various U.S. Army Corps of Engineers water infrastructure programs and projects. Introduced by Chairman Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV), the biennial legislation encompasses projects aimed at dredging ports, rehabilitating levees, and addressing flooding issues.  Earlier this year, the Committee leaders stressed that this year’s bill would be less “policy-heavy” than previous 2020 and 2022 WRDA bills.  Chairman Carper underscored the increasing importance of the Corps’ efforts in the face of climate change and extreme weather events, which threaten communities and economies.

The bill also mandates the Corps to conduct feasibility studies and report to Congress on several issues influencing future WRDA bills. The measure includes projects and programs across all 50 states, and the committee received over 1,200 WRDA requests this cycle. Capito and other members praised the bill’s support for drinking and wastewater projects and how it will expedite critical infrastructure and flood control projects, providing broad benefits for states and positive outcomes across various regions.

The House Transportation and Infrastructure Committee is expected to mark up its version of the 2024 WRDA in June.

House Panel Advances Farm Bill

The House Agriculture Committee approved a five-year farm bill (H.R. 8467) with a deep partisan divide in a 33-21 vote that included only four Democrats joining Republicans in supporting the bill.   The Committee adopted Chairman Glenn “GT” Thompson’s (R-PA) manager’s amendment, which included controversial changes to the Supplemental Nutrition Assistance Program (SNAP).  The panel debated the bill for almost 13 hours and had to work through the nearly 60 amendments that were filed. A significant part of the debate was primarily focused on SNAP provisions.  Division on the issue could jeopardize the bill’s passage in the House due to the thin GOP majority.

The Chairman’s bill included a provision that would make the Thrifty Food Plan cost-neutral. Most Democrats drew a red line, saying they wouldn’t support a farm bill including these provisions, arguing that it would effectively bar SNAP benefits from increasing or decreasing except to reflect the cost of living.  Democrats attempt to strike the provisions of the Thrifty Food Plan through an amendment were defeated along party lines.  Republicans also blocked Democratic amendments on climate-smart guardrails on conservation funding.

The farm bill’s already extended Sept. 30 deadline is looming. The SNAP issue and climate policies continue to prevent the bill from moving forward with its normal bipartisan support. Senate Democrats’ intense opposition only further complicates Thompson’s path to passage.

Senate Committee Hears Praise for EPA Recycling Grants, Urges Passage of Bipartisan Bills

On May 22, the Senate Environment and Public Works Committee held a hearing on federal programs for the circular economy and state and local perspectives on “Efforts to Improve Reuse and Recycling.”  The state waste management and recycling program officials applauded recent projects funded by EPA’s Solid Waste Infrastructure for Recycling (SWIFR) grants, a total of $275 million in funding over five years funded by the 2021 bipartisan infrastructure law. An additional $75 million is going into recycling education and outreach programs.

The witnesses urged lawmakers to pass the two Senate-passed bipartisan recycling bills sponsored by committee chair Sen. Tom Carper and Ranking Member Shelley Moore Capito.  Capito’s Recycling Infrastructure and Accessibility Act (S. 1189) would offer grants to rural and underserved communities to create pilot recycling programs.  The Recycling and Composting Accountability Act (S.1194), led by committee Chair Tom Carper, would direct EPA to gather data on nationwide recycling and composting rates, which the agency hasn’t published data on since 2018.

The bills passed the Senate in March and await action in the House.  Carper and Capito shared their frustration that the House has not yet committed to passing the legislation despite the bipartisan support.  “For the life of me, I cannot believe that we can’t get these bills over the finish line,” Capito said. “They are quite simple and just a very beginning step, but we are going to keep trying.”

As efforts to pass the bills continue, Senator Carper urged nonprofits, private sector entities, and lawmakers to collaborate more closely on enhancing recycling initiatives. He also encouraged the witnesses to share how these federal investments protect the environment and contribute to the economy and job creation among communities.

Ranking Member Capito and Sen. Dan Sullivan (R-AK) highlighted the challenges rural areas face in accessing recycling programs and funding. Capito inquired about improvements needed to enhance recycling infrastructure in rural communities and asked how extended producer responsibility (EPR) could be implemented in these areas.  Sullivan asked how to streamline the EPA funding process to expedite grant distribution.

Susan Fife-Ferris, director of solid waste planning and program management for Seattle Public Utilities, emphasized the government’s critical role in supporting consistent and accurate data collection at the national level to drive effective programs and investment in solid waste management.   Fife-Ferris also testified how federal investments can stimulate the growth of the reuse ecosystem and the use of post-consumer recycled content.  She pointed to grants, tax credits, and adopting national design standards for recyclability, including post-consumer recycled content requirements. Ms. Fife-Ferris also advocated for reducing subsidies for virgin materials, such as petrochemical feedstocks, to enhance competitiveness for recycled plastics, mandatory capture rate goals, and a national framework for extended producer responsibility (EPR) for packaging and paper products. She also supports a comprehensive life cycle analysis of materials such as plastic.

Elizabeth Biser, Secretary of North Carolina’s Department of Environmental Quality, overviewed how the state is using the $600,000 SWIFR grant to conduct a statewide waste characterization study, create market assessments for key recycled materials, conduct a gap analysis for MRFs, and examine how a possible hub-and-spoke model could help improve recycling access in the rural parts of the state.

Capito and Cody Marshall, chief system optimization officer for The Recycling Partnership, highlighted how the SWIFR funding has leveraged private-public partnerships and investments into emerging technologies and infrastructure. Marshall and Biser echoed the advantages of connecting with private businesses that are investing in recycling.   Biser pointed to how NC has leveraged $140,000 in state grants to attract a $1.7 million private investment and created 90 new jobs in one of their facilities.

Another Appropriations Battle Brewing

Congress is preparing for another contentious battle over FY2025 government funding as conservatives aim to reduce nondefense spending, a move that contradicts a prior agreement between Speaker Kevin McCarthy and the White House to increase such funding. House Appropriations Chair Tom Cole announced potential cuts for fiscal 2025, proposing a 6% reduction in nondefense budgets while increasing defense funding by 1%.

The move aligns with the Fiscal Responsibility Act (FRA), but Democrats argue it undermines the bipartisan deal that previously boosted nondefense allocations. The disagreement centers on whether to include additional funding agreed upon in a “handshake deal” in the calculations for the 1% increase stipulated by the FRA. Republicans are pushing for adherence strictly to the law, excluding side deals, while Democrats insist on honoring the complete bipartisan agreement. The conflict must be resolved by late September to avoid a government shutdown, with some conservatives advocating for a longer continuing resolution to extend negotiations into 2025, potentially giving them more leverage if they regain control of the Senate and the White House.

Meanwhile,  House Majority Leader Steve Scalise unveiled an ambitious plan on May 22 to pass all twelve partisan funding bills before the August recess, pushing swing-district Republicans to vote on budget cuts and sensitive policy issues ahead of the election.  The agenda aims to pass all bills in June and July, balancing the need for progress before government funding expires on October 1.

ACC and Industrial Unions Challenge EPA’s New TSCA Risk Evaluation Rule

The American Chemistry Council (ACC) and two industrial unions are challenging the EPA’s final TSCA rule, which sets new requirements for risk evaluations of existing chemicals. The ACC and the Texas Chemistry Council filed a lawsuit in the U.S. Court of Appeals for the 5th Circuit, criticizing the rule as unnecessary and contrary to the 2016 TSCA reforms’ emphasis on sound science and risk-based approaches. They also opposed the Biden EPA’s mandatory “whole chemical” risk determinations.

This lawsuit joins three other pending challenges from labor and worker-protection groups in different circuits. These include Worksafe in the 9th Circuit, the International Association of Machinists and Aerospace Workers (IAM) in the 4th Circuit, and the United Steel Workers (USW) in the D.C. Circuit. No environmental groups have yet announced lawsuits. All litigation over the rule will be consolidated into a single venue chosen at random, and the lottery could take place as soon as May 29.