Washington Report – April 8, 2024

Permitting Relief for Public Works Passes House of Representatives

• H.R. 1181, passed the House of Representatives as a bipartisan amendment to a package reforming permitting processes under the Clean Water Act;
• The original bill extends the maximum term for permits issued to states or municipalities from 5 to 10 years under the National Pollutant Discharge Elimination System (NPDES) program;
• APWA actively advocated in support of the legislation and thanks to all those who did their part to help make this happen, if you have not already participated, please consider doing so to help build future support.

APWA Takes Part in Water Week and National Water Policy Fly-In

• APWA in coalition with other organizations in the water space is gathering in Washington D.C., April 9, to engage with federal policymakers on issues of mutual interest;
• If you are hosting Water Week events in your community, please share on X and LinkedIn.

APWA Sends Letters on Protecting Public Works from PFAS Liability

• APWA sent two letters to the leadership of the Senate Committee on Environment and Public Works urging that “passive receivers” such as public works receive protections from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for PFAS contamination;
• The first letter was part of a coalition of groups while the second came exclusively from APWA;
• Both letters reemphasize messaging that public works facilities that have followed best practices for treatment and disposal should not be held liable for something they did not create
  • Other statutes are already being used to address PFAS contamination and additional liability would consume resources for legal expenses while undermining efforts to more expeditiously cleanup sites and control releases.

April 23—Next APWA IIJA Webinar with CISA

• Learn how the Department of Homeland Security’s (DHS) Cybersecurity Infrastructure and Security Agency (CISA) impacts public works with a free webinar;
• Tune in April 23 at 11 a.m. ET to hear Alaina Clark, CISA’s Assistant Director for Stakeholder Engagement, speak about the agency’s role in protecting critical infrastructure and its impact to public works;
• Register for the webinar here.

CISA Seeking Comments on Critical Infrastructure Act of 2022

• The Cybersecurity and Infrastructure Security Agency (CISA) is accepting comments on revisions to the Critical Infrastructure Act of 2022 (CIRCIA);
• CIRCIA permits CISA to develop insights on the cyber threat landscape to enhance cyber risk reduction nationwide, and provide advance warning to entities who may be at risk;
• CISA has created a video with additional information;
• The deadline to submit comments is June 3.

April is Emergency Communications Month

• During April, CISA will mark the third annual Emergency Communications Month, which recognizes the nation’s emergency responders and communicators, emphasizing the importance of emergency communications in building resilient critical infrastructure.

FEMA Announces National Flood Insurance Plan Manual Updates

• The Federal Emergency Management Agency (FEMA) has released an updated edition of its National Flood Insurance Program’s (NFIP) Flood Insurance Manual;
• The guidance in the new edition reflects NFIP’s existing underwriting requirements and its current rating methodology;
• It also includes revisions provided to NFIP insurers through the Write Your Own Bulletin W-23014 issued in October 2023.

FEMA Releases Updated NIMS Guidance

• FEMA has released an updated National Incident Management System for Mutual Aid (Guideline);
• The Guideline, last updated in 2017, now includes national stakeholders’ new best practices, strategies, and resources for mutual aid agreements such as
  • Impacts and lessons learned from the COVID-19 pandemic on mutual aid operations
  • Acknowledgement of legal liabilities for parties in a mutual aid agreement
  • Special considerations for underserved communities.

CRISI Program Open for Applications—Due May 28

• The Federal Railroad Admin. (FRA) has released a Notice of Funding Opportunity (NOFO) for its Consolidated Rail Infrastructure and Safety Improvements (CRISI) program for fiscal years 2023-24;
• Funding is provided through the Infrastructure Investment and Jobs Act (IIJA) and is intended for projects improving rail safety, efficiency, and reliability, enhancing multimodal connections;
• Public agencies, states, and political subdivisions of a state are amongst the eligible entities for this funding;
• FRA is hosting a webinar April 9 at 2 p.m. ET about the funding opportunities.

MEGA, INFRA, RURAL Grant Programs Applications Open—Due May 6

• The U.S. Dept. of Transportation (DOT) has opened the next round of funding – through one application – for its large multimodal projects discretionary program;
• Funding for the programs (MEGA, INFRA, RURAL) is through IIJA and for full details on each program, eligibility information, and application instructions go to grants.gov and DOT’s Key Notices of Funding Opportunity.

On the Horizon

All times ET.

• April 9 at 2 p.m., the Federal Railroad Admin. to host a webinar on FY23 and 24 consolidated Rail Infrastructure and Safety Improvements (CRISI) grants. Applications due May 28;
• April 10 at 10 a.m., the House Committee on Appropriations will hold a hearing to review the President’s FY25 budget request for the Department of Homeland Security (DHS);
• April 10 at 2:30 p.m., the Senate Appropriations Homeland Security Subcommittee will hold a hearing to review the President’s FY25 budget request for DHS;
• April 10 at 2:30 p.m., the Senate Energy and Natural Resources Water and Power Subcommittee will hold a hearing on Federal and Non-Federal Role of Assessing Cyber Threats to and Vulnerabilities of Critical Water Infrastructure in our Energy Sector;
• April 17 at 1 p.m., the Environmental Protection Agency (EPA) will host a webinar about the Top 8 Cyber Actions for Securing Water Systems.

Explore APWA’s Member Advocacy Tools:

• APWA Infrastructure Investment and Jobs Act (IIJA) Resource page
• APWA Government Affairs LinkedIn
• APWA Government Affairs on X
• 118th Congress Public Policy Priorities and Policymaker Primers
• Legislative Action Center
• “What is Public Works?”
• Tell Your Story
• Public Works Research