Drought: Congressional State of Play at the End of the Fiscal Year

Best Best & Krieger LLP
Contact

A number of proposals aimed at addressing the California drought were introduced this Congress. Two bills in particular, H.R. 2898, the Western Water and American Food Security Act, and S. 1894, the California Emergency Drought Relief Act, have received the most support. Overall, both bills share similar operational improvements aimed at maximizing water supplies to users and supporting drought-related projects and programs.

As we move into the last few months of the calendar year, there are several “must-pass” items still to be considered – chief among them are keeping the federal government open and electing a new Speaker of the House of Representatives. In the coming weeks, Congress must act on the reauthorization of the Highway Trust Fund, reauthorization of the Import-Export Bank, the debt ceiling, and work (once again) on preventing a government shutdown. The next few months will be busy; a completed drought bill this year will be difficult. Perhaps, most importantly, they have to decide on overall levels of spending and their application to military and domestic sectors.

While a drought bill may not see floor time this year, work still continues. The Senate Energy and Natural Resources Committee will be holding a hearing Oct. 8 on the current drought proposals. This hearing is a significant step forward in producing a drought bill that will pass both chambers of Congress and provide meaningful assistance to drought-stricken states. Currently, the committee intends to examine H.R. 2898, S. 1894 and other related bills.

It is no surprise that the largest hurdle members of Congress face is funding. S. 1894 creates an estimated $1.3 billion in new authorizations and, under House rules, they must have an offset. Additionally, S. 1894 includes language that authorizes future recycling and desalination projects by specific sponsors (all in California) – an act that is considered a violation of the earmark-ban rule by House Republican leadership. These are important hurdles Congress needs to address to ensure a bill will pass both chambers.

Lastly, it is important to note that, while both bills have some west-wide provisions, several western states – mainly Oregon, Nevada, Washington, Montana and Idaho – are experiencing drought conditions. A successful bill will have to incorporate provisions that address those states, not just California, to develop a political consensus.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Written by:

Best Best & Krieger LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Best Best & Krieger LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide