ENERGY, ENVIRONMENT AND NATURAL RESOURCES STEERING COMMITTEE MEETING Thursday, September 19 – Saturday, September 21, 2013 Meeting Site Pinecrest Gardens, Hibiscus Room 11000 Red Road Village of Pinecrest, Florida (305) 669-6990 Presiding The Honorable Matthew Appelbaum Mayor City of Boulder, Colorado Host The Honorable Cindy Lerner Mayor Village of Pinecrest, Florida NLC Staff Carolyn Berndt Principal Associate, Infrastructure and Sustainability (202) 626-3101 [email protected]

ENERGY, ENVIRONMENT AND NATURAL RESOURCES STEERING COMMITTEE MEETING AGENDA

Thursday, September 19 1:30 p.m. – 6:00 p.m.

MOBILE TOUR: EVERGLADES NATIONAL PARK Bus will depart at 1:30 p.m. from the main entrance of the Biltmore Hotel.   Everglades National Park is the largest subtropical wilderness in the United States and protects an unparalleled landscape that provides important habitat for numerous rare and endangered species, such as the manatee, American crocodile, and Florida panther. Committee members will be led on a guided tour by park Superintendent Dan Kimball, enjoy an airboat ride along the “River of Grass,” and learn about bridging the Tamiami Trail to restore critical habitat and an entire ecosystem. There will be a brief opportunity to return to the hotel between the tour and dinner.

7:00 p.m.

WELCOME DINNER Talavera 2299 Ponce de Leon Blvd., Coral Gables Bus will depart at 7:00 p.m. from the main entrance of the Biltmore Hotel. Committee members will be welcomed to Pinecrest with a dinner at Talavera, a restaurant featuring a variety of popular Mexican dishes varying from recipes that originated in traditional street markets to others that have been refined in the classic restaurants of Mexico City. Bus will depart at 9:30 p.m. to return committee members to the Biltmore Hotel. Friday, September 20

7:30 a.m. – 9:00 a.m.

ARRIVAL, PINECREST GARDENS TOUR AND BREAKFAST Buses will depart at 7:30 a.m. from the main entrance of the Biltmore Hotel. Committee members will be led on a short walking tour of Pinecrest Gardens followed by breakfast in the Hibiscus Room.

9:00 a.m. – 9:30 a.m.

WELCOME, INTRODUCTIONS, MEETING OVERVIEW Pinecrest Gardens – Hibiscus Room

9:30 a.m. – 10:00 a.m.



The Honorable Matthew Appelbaum, Chair Mayor, Boulder, Colorado



The Honorable Cindy Lerner, Host Mayor, Pinecrest, Florida

FEDERAL RELATIONS UPDATE 

Carolyn Berndt Principal Associate, Infrastructure and Sustainability, Federal Advocacy, National League of Cities

The Committee will hear an update on NLC’s energy and environment priorities and issues before Congress, the Administration and the courts. 2



10:00 a.m. – 10:15 a.m.

U.S. ENVIRONMENTAL PROTECTION AGENCY LOCAL GOVERNMENT ADVISORY COMMITTEE UPDATE 

The Honorable Cindy Circo Mayor Pro Tem, Kansas City, Missouri

Committee members will hear an update on activities of the U.S. Environmental Protection Agency Local Government Advisory Committee, which provides recommendations to the EPA Administrator on a broad range of topics, including regulatory innovation and reform, environmental protection tools, pollution prevention, new technologies, performance measurement, and appropriate roles of the various governmental levels in efficient and coordinated environmental management. 10:15 a.m. – 11:00 a.m.

PRESENTATION AND DISCUSSION: FEDERAL PERSPECTIVE ON CLIMATE CHANGE ADAPTATION AND RESILIENCY 

Bryan Myers Energy and Climate Change Coordinator, U.S. Environmental Protection Agency Region 4, Atlanta, Georgia

Committee members will hear an update on initiatives under President Obama’s Climate Action Plan and the U.S. Environmental Protection Agency’s goals, progress and resources for building climate resilience nationally, as well as in cities, towns, counties and regions. 11:00 a.m. – 12:15 p.m.

PRESENTATION AND DISCUSSION: PROTECTING WATER INFRASTRUCTURE AND RESOURCES FROM SEA LEVEL RISE 

Dr. Harold Wanless Professor and Chair of the Department of Geological Sciences, University of Miami



The Honorable Frank Caplan Mayor, Key Biscayne, Florida

Committee members will hear how sea level rise will impact Miami-Dade County wastewater treatment plants and learn about an ongoing local debate concerning the appropriate course of action for the county and utility to pursue to guard against climate change, sea level rise and extreme weather events. 12:15 p.m. – 1:30 p.m.

LUNCH

12:30 p.m.

PRESS CONFERENCE 

The Honorable Matthew Appelbaum Mayor, Boulder, Colorado



The Honorable Cindy Lerner Mayor, Pinecrest, Florida

3



1:30 p.m. – 3:00 p.m.

PRESENTATIONS AND DISCUSSION: SOUTHEAST FLORIDA REGIONAL CLIMATE CHANGE COMPACT 

Harvey Ruvin Clerk of the Courts, Office of the Miami-Dade County Clerk



Mark Woerner Assistant Director, Office of Metropolitan Planning, Department of Regulatory and Economic Resources, Miami-Dade County



Jason Liechty Environmental Projects Coordinator, Natural Resources Planning and Management Division, Environmental Protection and Growth Management Department, Broward County



James Murley Executive Director, South Florida Regional Planning Council, Hollywood, Florida

Committee members will learn why and how four counties came together to develop the regional climate change compact and about the ongoing collaborative effort to foster sustainability and climate resilience at a regional scale. Speakers will also share some best practices and lessons learned from this effort. 3:00 p.m. – 3:15 p.m.

BREAK

3:15 p.m. – 3:30 p.m.

NLC BOARD REPORT

3:30 p.m. – 5:00 p.m.



The Honorable Michael Sesma, Board Liaison (via telephone) Council Member, Gaithersburg, Maryland

POLICY DISCUSSION The committee will discuss and vote on proposed policy revisions, current resolutions to determine if they should be amended, allowed to expire or incorporated into existing policy, and proposed new resolutions.

5:00 p.m. – 7:00 p.m.

RECEPTION Committee members will enjoy a special Cognac tasting on the Lake View Terrace, in honor of Pinecrest sister city, Cognac, France. There will not be the opportunity to return to the hotel between the meeting and dinner.

8:30 p.m.

HOST DINNER Nikki Beach One Ocean Drive, Miami Beach Nikki Beach Miami is the hidden jewel of South Beach, located along the beautiful Atlantic Ocean amid swaying palms trees and warm sunny breezes. Nikki Beach Miami’s 4



inspiration stems from the fresh seafood and flavors of the South of France, spices of East Asia and South Beach’s laissez-faire attitude. Bus will depart at 10:00 p.m. to return to the Biltmore Hotel. Saturday, September 21 8:00 a.m. – 9:15 a.m.

ARRIVAL AND BREAKFAST Bus will depart at 8:00 a.m. outside the main entrance of the Biltmore Hotel. Breakfast at Pinecrest Gardens – Hibiscus Room

9:15 a.m. – 10:00 a.m.

DISCUSSION: COLLABORATION WITH SUSTAINABLE CITIES INSTITUTE 

Raksha Vasudevan Sustainability Associate, City Solutions and Applied Research, National League of Cities

Building off of the discussion at the previous steering committee meeting in Washington, DC, committee members will continue the conversation on how SCI can support federal advocacy efforts. Additionally, committee members will have the opportunity to review mock templates and offer feedback on the website redesign. 10:00 a.m. – 10:30 a.m.

PRESENTATION AND DISCUSSION: CLEAN ENERGY GREEN CORRIDOR – FLORIDA’S FIRST PACE PROGRAM 

Joe Spector Vice President of Operations, Ygrene Energy Fund Florida, Miami, Florida Committee members will learn about Florida’s first recently-launched PACE program, the Clean Energy Green Corridor, which is a partnership of the cities of Miami, Coral Gables, Cutler Bay, Miami Shores, Palmetto Bay, Pinecrest and South Miami.

10:30 a.m. – 11:00 a.m.

PRESENTATION AND DISCUSSION: ENGAGING THE COMMUNITY IN RESILIENCY PLANNING 

Caroline Lewis Founder and Executive Director, The CLEO Institute, Pinecrest, Florida

The committee will hear from this White House Champion of Change about the CLEO Project on Climate. Created and piloted in Pinecrest, it promotes community engagement and stakeholder inclusion in the resilience efforts needed for a climate ready future. 11:00 a.m. – 12:00 p.m.

POLICY DISCUSSION The committee will continue to discuss and vote on proposed policy revisions, current resolutions to determine if they should be amended, allowed to expire or incorporated into existing policy, and proposed new resolutions.

5



12:00 p.m.

ADJOURN Box lunches available Bus will return committee members to the Biltmore Hotel.

Enclosures NLC National Municipal Policy  Section 2.00 Environmental Quality, D. Principles, 3. Climate Change  Section 2.00 Environmental Quality, D. Principles, 4. Climate Change Adaptation  Section 2.01 Energy, G. Transportation and Energy  Section 2.05 Ecosystem Protection, Preservation and Restoration  New Policy Section 2.00 Environmental Quality, D. Principles, 2. Integrative Approaches  New Policy Section 2.10 Health-Focused Local Food Systems EENR Resolutions  #2013-8: Water Infrastructure Financing and Regulatory Prioritization  #2013-9: Congressional Action to Support Property Assessed Clean Energy Programs  #2013-10: Clarification that Federal Law Does Not Preempt State and Local Energy Efficiency Building Codes  #2013-11: Tax Exempt Facility Bonds for Water and Wastewater  #2013-12: Supporting Healthy Food, Public Health and Sustainability Practices in the Reauthorization of the 2008 Farm Bill  #2013-13: One Health Initiative  #2013-14: Calling on the Federal Government to Reform the Natural Gas Act to Protect Consumers  #2013-15: Regulation of Hydraulic Fracturing and the Protection of Municipal Water Supplies  Proposed EENR Resolution #1: Supporting and Advancing Resilient Communities 

TIS Resolution #2013-27: A Comprehensive National Surface Transportation Plan to Support Local Economies

Additional Information  “Goodbye, Miami,” Rolling Stone, June 20, 2013 http://www.rollingstone.com/politics/news/why-the-city-of-miami-is-doomed-to-drown20130620 

“Fight Over a Fla. Sewer Pipe Raises National Financial and Health Issue,” E&E Daily, September 3, 2013 (included in document)



White House Council on Environment Quality (CEQ) webinar on Federal Actions to Build a Climate Resilient Nation http://eventcenter.commpartners.com/se/Meetings/Playback.aspx?meeting.id=498149

6



NLC National Municipal Policy Excerpt Section 2.00 Environmental Quality D. Principles 1 2 3 4 5 6 7 8 9 10 11 12 13 14

3. Climate Change The federal government must develop policies to reduce greenhouse gas emissions in order to halt potentially irreversible effects of climate change on the global environment. NLC believes that the solution to reducing greenhouse gas emissions lies in balancing a commitment to conserving energy, protecting the environment, developing new technologies, and strengthening the economy. NLC believes that a multi-pollutant strategy to reduce emissions from power plants, mobile sources and other major sources will provide significant reductions in greenhouse gas emissions that cause climate change. NLC supports this approach because it is flexible, predictable, and market based. However, the federal government should continue to assess the potential economic and environmental consequences of proposed policies to reduce greenhouse gas emissions and ensure that the Nation’s cities are part of that process. Care must be taken to ensure that reductions in greenhouse gas emissions are justified and fair to our local governments. This is a global problem that demands a global solution; developing countries must be part of the solution and not exempted. … Section 2.00 Environmental Quality D. Principles

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

4. Climate Change Adaptation A successful national climate protection strategy must focus on mitigating the effects of climate change and on adaptation measures that are necessary to prepare cities and residents for those changes that may be unavoidable. The range of adaptation issues must be uniquely addressed by each local government. The increasing threats related to climate change include, but are not limited to, sea-level rise, extreme weather events, such as heat waves, wildfires, droughts, floods, heavy precipitation and strong storms, pest infestations, and disease, all of which can threaten human health, cause damage to local infrastructure, jeopardize water quality and availability, and lead to energy and food shortages. The breadth and severity of these threats require the assistance and resources of the federal government. NLC urges the federal government to:  Comprehensively study the effects of climate change on the nation‘s cities, as well as different regional climate change impacts, and identify solutions to address current and future threats;  Provide financial and technical assistance to support local government climate change mitigation and adaptation implementation efforts;  Ensure that local governments have the information, resources and tools to adequately plan for and respond to climate change effects;  Establish a national climate service to communicate changes and impacts, and provide critical time-sensitive information to local governments and the public, as well as long-term climate change information;  Facilitate collaboration among federal, state and local authorities to share best practices and climate resilient strategies;  Provide funding through the U.S. Department of Agriculture for research for food crop adaptation to climate change; and  Fund a national public service campaign to inform the public about the impacts of climate change and the need for adaptation measures. 7

NLC National Municipal Policy Excerpt … Sec. 2.01 Energy G. Transportation and Energy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

NLC supports federal programs that:  Reduce dependence on fossil fuels used for transportation, including through the support and promotion of transportation alternatives such as public transportation, multi-modal transportation systems and safe routes to schools;  Increase funding for federal research and development of alternative sources of energy for transportation;  Pursue a national distribution system for alternative fuels for transportation use;  Offer incentives for acquisition of zero-or low-emission vehicles, such as natural gas or electric vehicles. Incentives should be available for cities to purchase these vehicles for use in public transportation systems and municipal fleets and to public and private entities to install electric vehicle infrastructure;  Minimize environmental harm associated with the extraction, processing, and disposal of metals used in electric vehicle batteries, and encourage development of alternatives; and  Ensure that the air quality benefits of using zero and low emission vehicles are quantified and credited toward meeting national air quality goals. NLC opposes a federally mandated phase-in of a fixed number of alternative fueled vehicles for fleets, in the absence of federal funding for this purpose. (See also the Transportation Infrastructure and Services Policy chapter.) … Section 2.05 Ecosystem Protection, Preservation and Restoration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

Ecosystem restoration should focus on building resilient communities, restoring and conserving habitats, improving water quality and replenishing and protecting resources. A. National Wetlands Wetlands have significant and irreplaceable value, and therefore Congress should establish a comprehensive national wetlands policy. Wetlands protection should occur not by memoranda of understanding between agencies, but rather through a public process that involves broad public debate over risks, costs and benefits, and the development of a national consensus. The Administration should implement that policy by adhering to the traditional rulemaking process. A classification plan should be developed for the nation’s wetlands that recognizes relative differences in the ecological value of individual wetlands areas, classifies them accordingly and treats them differently relative to their preservation, protection or development. A sound wetlands classification plan must also recognize the differential presence of wetlands among regions of the country and the need to exercise different policy choices relative to their treatment for development purposes. Coastal wetlands, which provide protection from rough weather and seas and support fisheries and other commerce, endangered plants and animals, energy supplies and navigation routes, must be protected, and where appropriate, restored. Congress should develop a programmatic plan based on the best available science to restore coastal wetlands and provide federal funding for implementation. 8

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

B. Invasive Species and Harmful Infestations Invasive species and harmful infestations include aquatic and non-aquatic plants, insects, pathogens and other species whose introduction does or is likely to cause harm to the economy, environment or human health. Invasive species, such as the Emerald Ash Borer, Aquatic Milfoil, Asian Carp, Zebra Mussel and Burmese Python, degrade, change, compete with or displace native habitats and flora and fauna. Additionally, harmful infestations of native species, such as the Mountain Pine Beetle, also can impact communities in similar ways. NLC urges Congress and the Administration to:  Prevent the introduction of invasive species and harmful infestations;  Detect, respond rapidly to, and control populations of such species in a cost-effective and environmentally sound manner;  Monitor invasive species populations accurately and reliably;  Provide for restoration of native species and habitat conditions in ecosystems that have been invaded;  Fund and conduct research on the best practices for eradication of invasive species and harmful infestations, develop technologies to prevent introduction, and provide for environmentally sound control;  Provide direct financial assistance to communities facing emergency situations with invasive species and harmful infestations; and  Promote public education on invasive species and harmful infestations and the means to address them. C. Beaches and Shorelines The country’s public shorelines and beaches provide vital economic, environmental, fish and wildlife habitat, and recreational benefits to the nation. The federal government should partner with state and local governments to fund environmentally appropriate beach restoration and renourishment projects.

9

Policy changes below proposed by Nancy Chaney, Mayor, Moscow, Idaho Background: NLC’s National Municipal Policy addresses health and the environment independently, but does not integrate human and ecological health or say much of anything about animal health, as they relate to each other and to government. Even EENR’s inspired new language about wellness, sustainability, and regional food systems fails to connect agricultural practices and animal health with human health and epidemiology. (Examples include E-coli 0157 in beef, animal reservoirs of H1N1 “swine flu” and H5N1 “avian influenza,” Q Fever (with cattle, sheep, and goats as reservoirs) and acute respiratory distress syndrome (ARDS), animal sources of listeria and salmonella contamination in food, and impacts of climate change and agricultural intensification on water quality and quantity.) Emerging infectious diseases, globalization, and growing needs for broad collaboration warrant our modernizing NLC Policy to comport with those realities. Toward that end, I propose the following amendments to the EENR policy statement. I invite you to improve upon the language, but urge you to retain the wellrecognized and simply-distilled principle of One Health (acknowledged by the CDC, USDA, HHS, FDA, and EPA), as it is fundamental to the inter-dependence of human, animal, and ecological health and to the outcomes of decisions made by holistically-informed government officials. Thank you for your consideration. New Policy Section 2.00 Environmental Quality D. Principles 1 2 3 4 5 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

2. Integrative Approaches Environmental quality affects human health, animal health, and social and economic well-being. Organizational silos isolate and obscure those connections. The emerging discipline of conservation medicine and long-recognized principle of One Health offer a framework for scientists to collaborate across disciplines. Policymakers are advised to take a comparably integrated approach to address health and environmental issues. … New Policy Section 2.10 Health-Focused Local Food Systems Sustainability A. Local Food Systems NLC urges Congress and the Administration to:  Support policies and programs that reduce the prevalence of obesity and improve the overall health and wellness of those in our communities;  Ensure that all people have access to healthy, affordable and locally grown food;  Support efforts to establish, promote and expand local farmers markets and community gardens;  Provide incentives for local farms to sell fresh produce to farmers markets;  Encourage farmland conservation and sustainable farming, such as using less water and fertilizer and rotating crops, by providing incentives to small, local farms;  Improve the quality of food in schools by supporting and promoting the purchase of unprocessed and minimally processed, locally grown and locally raised agriculture products, such as fresh fruits and vegetables, in schools;  Maintain the Supplemental Nutrition Assistance Program as a federal grant program; and  Establish and maintain a national set of uniform, integrated food system metrics to help evaluate the effectiveness of existing programs and to plan innovative initiatives; and  Enable an interagency partnership among the U.S. Environmental Protection Agency, U.S. Department of Health and Human Services, and U.S. Department of Agriculture to protect and improve human, animal, and environmental health as an integrated system, including food safety and production. (See also the Human Development Policy Chapter). 10

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

B. One Health NLC urges Congress and the Administration to:  Support policies and programs that integrate human, animal, and ecological health;  Facilitate collaboration among the Environmental Protection Agency, U.S. Department of  Agriculture, Department of Health and Human Services and other agencies that address environmental quality, human health, food safety and security, and epidemiology;  Sufficiently fund the National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), a division of the Centers for Disease Control (CDC), and its One Health Office, to integrate infectious disease research, prevention, detection, response, and control among microbiologists, epidemiologists, educators, chemists, ecologists, demographers, statisticians, health economists, veterinarians, health communicators, information technology experts, medical practitioners, health officials, and government officials;  Support inter-operable infectious disease surveillance systems to improve responses to outbreaks at home and around the world, and minimize illness and death; and  Advance the concept of One Health as a strategy for considering human, animal, and ecological health holistically.

Lines 18-21 Background: This concept is not without precedent. A. In 1998, EPA and USDA partnered to support community-based environmental education through local and regional extension services. B. In 2009, the Interagency Partnership for Sustainable Communities was formed among DOT, EPA, and HUD. C. In 2011, HHS & EPA partnered to bring together experts to improve local officials’ access to data on air pollution and asthma hospitalizations, and created an Environmental Justice Strategy, which includes an action plan to promote human and environmental wellness. D. In 2012, EPA, HHS, and USDA collaborated on a radon + health tracking initiative. E. In 2012, the EPA and HHS jointly issued a challenge to innovators to connect location-specific air pollution data and human health measurements. F. In 2012, the USDA, EPA, and the Council of 1890 historically black universities signed a memorandum of understanding (MOU) to increase collaboration on environmental and public health activities. G. A May 2012 FDA article about obesity in pets and humans notes that One Health shall be achieved, in part, through “joint efforts to inform and educate political leaders and the public…” and that the NLC adopted an historic One Health Resolution in 2011.

Lines 32-35 Comment: If EENR membership prefers, this itemized list could be condensed or stricken.

11

EENR Resolutions NLC resolutions are annual statements of position that sunset at the end of the policy year unless action is taken. The Committee must review each of the 2013 resolutions which originated in the EENR committee to determine recommendations for 2014. The Committee has the following options: 1. Renew the resolution for the coming year (with or without edits); 2. Incorporate the resolution into permanent policy; or 3. Let the resolution expire. The EENR resolutions that were approved for 2013 at the Congress of Cities in Boston, Massachusetts with staff recommendations for 2014 are: Resolution #2013-8: Water Infrastructure Financing and Regulatory Prioritization

Staff Recommendation Renew with edits

#2013-9: Congressional Action to Support Property Assessed Clean Energy Programs

Renew with edits

#2013-10: Clarification that Federal Law Does Not Preempt State and Local Energy Efficiency Building Codes

Renew

#2013-11: Tax Exempt Facility Bonds for Water and Wastewater

Renew

#2013-12: Supporting Healthy Food, Public Health and Sustainability Practices in the 2008 Farm Bill

Renew

#2013-13: One Health Initiative

Expire – incorporate into policy (See New Policy Section 2.00 Environmental Quality, D. Principles and New Policy Section 2.10 Health-Focused Local Food Systems)

#2013-14: Calling on the Federal Government to Reform the Natural Gas Act to Protect Consumers

Expire

#2013-15: Regulation of Hydraulic Fracturing and the Protection of Municipal Water Supplies

Renew with edits

Proposed EENR Resolution #1: Supporting and Advancing Resilient Communities

Adopt

12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

NLC RESOLUTION #2013-8 WATER INFRASTRUCTURE FINANCING AND REGULATORY PRIORITIZATION [Staff Recommendation: Renew with edits] WHEREAS, the nation’s water infrastructure systems are significant assets that protect public health and the nation’s water resources; and WHEREAS, green infrastructure, such as constructed swales, wetlands, green roofs, infiltration planters, rain gardens, and enhanced floodplains and riparian buffers, augmented by permeable pavers, rain barrels, and trees, is a valuable part of water infrastructure systems that can help local governments manage runoff; and WHEREAS, well-maintained systems contribute substantially to our citizens’ general welfare and the nation’s prosperity; and WHEREAS, municipal resources dedicated to water infrastructure are currently overwhelmingly directed to compliance with new and ever more complex federal mandates and are therefore unavailable for critical maintenance, repair, and rehabilitation needs; and WHEREAS, local water and sewer rates and stormwater fees are rapidly becoming unaffordable for many of our citizens; and WHEREAS, financial participation by the federal government in assisting cities in maintaining and upgrading water infrastructure systems has declined severely in the past 20 years; and WHEREAS, the gap between needs and expenditures for wastewater, stormwater and drinking water, according to multiple reports, is estimated at hundreds of billions of dollars over the next few decades; and WHEREAS, this funding gap does not include anticipated expenditures to comply with new Clean Water and Safe Drinking Water Act mandates, new responsibilities and costs relating to water security, source water protection or additional needs for re-use of treated effluent; and WHEREAS, at a time where financial resources are increasingly limited, costly federal and state regulatory requirements to carry out the objectives of the Clean Water Act are consistently being added without a sense of which regulations should be addressed first and in what priority order; and WHEREAS, local governments deserve a regulatory approach to help determine where to invest ratepayer and city dollars to maximize water quality benefits and protect public health and safety. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) continues to urge Congress and the Administration to reverse the decline in federal financial participation in funding municipal water infrastructure needs by developing a financial option that strikes the right balance between local responsibility and federal assistance; and

13

50 51 52 53 54 55 56 57 58 59 60 61 62 63 64

BE IT FURTHER RESOLVED that NLC supports water infrastructure funding through the state revolving loan fund programs and urges Congress to reauthorize and fully fund the Clean Water and Drinking Water State Revolving Loan Fund programs.; and BE IT FURTHER RESOLVED that Congress and the Administration enact new legislation which provides adequate and reliable long-term funding for municipal water infrastructure needs to help close the funding gap. This funding shall be used solely to address water infrastructure needs and must not rely on traditional sources of revenue, such as a federal tax on water or sewer charges.; and BE IT FURTHER RESOLVED, that Congress and the Administration should work together to establish a new approach whereby local governments can work with their state and federal counterparts on an approach to regulatory prioritization based on principles of affordability and financial capability, while maximizing environmental benefit, to meet the requirements and objectives of the Clean Water Act.

14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

NLC RESOLUTION #2013-9 CONGRESSIONAL ACTION TO SUPPORT PROPERTY ASSESSED CLEAN ENERGY PROGRAMS [Staff Recommendation: Renew with edits] WHEREAS, utility bills represent a major part of operating costs for home and business owners; and WHEREAS, the building sector accounts for 39 percent of the nation’s energy use, 72 percent of its electricity use, one third of all global greenhouse gas emissions and represents the single largest, most accessible opportunity for deep emission cuts in the United States; and WHEREAS, investing in cost-effective energy efficiency and renewable energy improvements to homes and businesses can save energy, cut utility bills up to $140 billion per year, create thousands of local jobs, reduce reliance on fossil fuels, and dramatically reduce greenhouse gas emissions; and WHEREAS, a recent study that found default risks are on average 32 percent lower in energy efficient homes, recommends that the lower risks associated with energy efficiency should be taken into consideration when underwriting mortgages1; and WHEREAS, Property Assessed Clean Energy (PACE) financing programs are an innovative local government solution to help property owners finance energy efficiency and renewable energy improvements – such as energy efficient boilers, upgraded insulation, new windows, solar installations, etc. – to their homes and businesses; and WHEREAS, the PACE program removes many of the barriers of energy efficiency and renewable energy retrofits that otherwise exist for residential homeowners and businesses, particularly the high upfront cost of making such an investment and the long-term ability to reap the benefits of cost savings; and WHEREAS, 28 31 states plus the District of Columbia have passed laws enabling local governments to develop PACE programs; and WHEREAS, the White House and the U.S. Department of Energy strongly supports PACE, and in 2010 have dedicated $150 million to assist in the development of local PACE programs and issued guidelines to ensure that PACE programs meet safety and soundness requirements and adequately protect property owners, tax payers, and investors in the bond and mortgage markets; and WHEREAS, locally-administered PACE programs are an exercise of the traditional authority of local governments to utilize the tax code for public benefit; and

1

Home Energy Efficiency and Mortgage Risk, UNC Center for Community Capital and Institute for Market Transformation, (March 2013), available at: http://www.imt.org/resources/detail/home-energy-efficiency-andmortgage-risks 15

46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79

WHEREAS, PACE programs help local governments meet a core obligation to their citizens to maintain housing stock and improve housing opportunities for all citizens; and WHEREAS, the PACE program is an achievement of the intergovernmental partnership to realize national policy goals, namely, reducing energy consumption, that will positively impact the fiscal conditions of every level of government; and WHEREAS, despite PACE’s great promise, the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency on July 6, 2010 issued statements that immediately forced existing PACE residential programs to halt operations and froze the development of dozens of other residential PACE programs nationwide.; and WHEREAS, despite the FHFA directive, many commercial and a few residential PACE programs are operating or are in development in hundreds of municipalities across the country. NOW, THEREFORE, BE IT RESOLVED that locally-administered PACE programs operating in accord with state and federal guidelines are a safe and sound investment of public and private funds; and BE IT FURTHER RESOLVED that locally-administered PACE programs represent an essential contribution of local governments to further the national economic recovery and energy agendas; and BE IT FURTHER RESOLVED that the National League of Cities (NLC) urges FHFA to work with local governments seeking to establish PACE programs that benefit from the same senior lien status of all other projects that are funded through municipal assessments that improve private property and meet public policy objectives; and BE IT FURTHER RESOLVED that the National League of Cities (NLC) urges Congress to adopt legislation that clearly reaffirms the right of state and local governments to exercise liens or assess special taxes or other property obligations to protect and improve housing stock for the public good, including energy efficiency improvements, by directing federal regulators to enforce underwriting standards that are consistent with guidelines issued by the U.S. Department of Energy for PACE financing programs or by implementing any other appropriate measure.

16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

NLC RESOLUTION #2013-10 CLARIFICATION THAT FEDERAL LAW DOES NOT PREEMPT STATE AND LOCAL ENERGY EFFICIENCY BUILDING CODES [Staff Recommendation: Renew] WHEREAS, building codes address matters essential to the public health, safety, and welfare and, as such, have traditionally fallen within the jurisdiction of local governments; and WHEREAS, while the traditional purposes of building codes centered on concerns like fire safety, sanitation, and structural integrity, local governments are increasingly using their building codes to promote energy efficiency; and WHEREAS, energy efficient buildings consume less energy and emit fewer air pollutants, both significant governmental interests; and WHEREAS, although there are nationally uniform energy efficiency standards for home appliances (the Energy Policy and Conservation Act, as amended by the National Appliance Energy Conservation Act and the Energy Policy Act of 1992), there is no federal law directly addressing energy efficiency in buildings; and WHEREAS, it is unclear whether local standards that only indirectly concern the energy efficiency of products covered under these federal laws are preempted; and WHEREAS, unless the federal government expressly preempts the field of green building regulation, local governments across the country will continue to seek methods of increasing buildings’ energy efficiency, reducing resource consumption, and reducing pollution and construction waste; and WHEREAS, the federal interest in ensuring that home appliances meet certain minimum standards for energy efficiency is not impacted by local standards; and WHEREAS, the overall energy efficiency rating of a home depends upon many factors, not simply the Seasonal Energy Efficiency Rating (SEER) of the home appliances, and property owners are free to choose any mix of energy efficiency products and construction techniques in meeting such code requirements; and WHEREAS, state and local building codes are tailored to local conditions: what works in Anchorage may not work in Miami; and WHEREAS, a federal court case (Air Conditioning, Heating and Refrigeration Inst. (AHRI) v. City of Albuquerque, Civ. No. 08-633, 2008 WL 5586316 (D.N.M. Oct. 3, 2008)) held that provisions in various federal energy conservation acts concerning home appliances related to heating, ventilation, and air conditioning preempt local government green building regulations and temporarily enjoined the City of Albuquerque from enforcing its Energy Conservation Code, which sought to increase energy efficiency requirements for multifamily and commercial buildings by 30 percent by adopting regulations stricter than federal requirements; and

17

50 51 52 53 54 55 56 57 58 59 60 61 62 63 64

WHEREAS, AHRI v. Albuquerque suggests the need for Congress to clarify the authority of local governments to adopt green building codes in concert with federal statutes and regulations on appliance efficiency; and WHEREAS, without this clarification, cities that seek to use green building codes to encourage high performing, sustainable development remain vulnerable to legal attack. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) urges Congress and the Administration to continue to respect the fundamental authority of local governments to develop local building codes in the best interests of their community and respect voluntary, above-code efforts; and BE IT FURTHER RESOLVED that the NLC supports clarification that federal law concerning energy efficiency in home appliances does not preempt more stringent state and local “green” energy efficiency building codes.

18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

NLC RESOLUTION #2013-11 TAX EXEMPT FACILITY BONDS FOR WATER AND WASTEWATER [Staff Recommendation: Renew] WHEREAS, local governments are responsible for the vast majority of investment in water and sewer infrastructure, investing over $1.6 trillion in the last 53 years1, including $111 billion in 20102; and WHEREAS, future spending for public water and wastewater systems is estimated to range between $2.5 and $4.8 trillion over the next 20 years3; and WHEREAS, federal loan and grant assistance to cities and local governments continues to decline in real dollars; and WHEREAS, public-private partnership approaches can provide options for communities to access sources of private capital to meet water infrastructure needs; and WHEREAS, private activity bonds or tax exempt facility bonds are a form of tax-exempt financing that can be used for water infrastructure projects; and WHEREAS, exempt facility bonds utilize private capital instead of public debt and shift the risk and long-term obligation from the municipality to the private equity partner; and WHEREAS, Congress provides to states a capped annual allocation (“volume cap”) of tax exempt bonds, based on population, but historically, most of the tax-exempt bonds are issued to short-term projects such as housing and education loans; and WHEREAS, Congress has previously enacted legislation eliminating the state volume cap for such municipal infrastructure projects such as airports, landfills, and ports; and WHEREAS, eliminating the state volume cap is estimated to make available $5-6 billion in private capital for water projects, while the cost in foregone revenue to the federal government is nominal4. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities supports legislation removing the federal volume cap on tax-exempt bonds for water and wastewater infrastructure projects. 1

Anderson, Richard F., Trends in Local Government Expenditures on Public Water and Wastewater Services and Infrastructure: Past, Present and Future, The U.S. Conference of Mayors (Feb. 2010), available at: http://www.usmayors.org/publications/201002-mwc-trends.pdf 2 2010 Annual Surveys of State and Local Government Finances, U.S. Census Bureau (Oct. 2012), available at: http://www.census.gov/govs/estimate/ 3 Anderson, Richard F., Trends in Local Government Expenditures on Public Water and Wastewater Services and Infrastructure: Past, Present and Future, The U.S. Conference of Mayors (Feb. 2010), available at: http://www.usmayors.org/publications/201002-mwc-trends.pdf 4 Testimony of Stephen L. Johnson, Administrator, U.S. Environmental Protection Agency, before the Senate Appropriations Committee, March 4, 2008. 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

NLC RESOLUTION #2013-12 SUPPORTING HEALTHY FOOD, PUBLIC HEALTH AND SUSTAINABILITY PRACTICES IN THE REAUTHORIZATION OF THE 2008 FARM BILL [Staff Recommendation: Renew] WHEREAS, cities throughout the country face multiple health, social, and environmental issues connected to food, including hunger and malnutrition, as well as having to cope with health problems such as Type 2 diabetes, heart disease, and other chronic diseases for which the increasing incidence of obesity and overweight adults and children are significant risk factors; and WHEREAS, supporting public health and protecting our environment are essential to the viability and livability of our cities and our economy; and WHEREAS, improving nutrition and reducing hunger are not only moral concerns, but also critical for decreasing social vulnerability, increasing the capacity of children to learn, and improving economic opportunity; and WHEREAS, agriculture represents an important part of both rural and urban economies, yet, farmland, farms, and farmers are at risk because of policy barriers and inadequate infrastructure; and WHEREAS, access to healthy food is increased when local and regional food production, processing, distribution and retail work together to build strong markets for healthy foods, and regional food economies are an important source of employment in our communities; and WHEREAS, maintaining and improving the security of a diverse food supply is essential to local emergency preparedness and regional self-reliance; and WHEREAS, the current food system has led to an unsustainable reliance on chemical inputs and cheap oil for production and distribution and the paradox of simultaneous increases in both obesity and chronic hunger; and WHEREAS, around the country local governments and community groups are developing approaches to the renewal of the Farm Bill that reflect these concerns and priorities; and WHEREAS, local governments have an important role to play in creating a healthy food system, but federal policies and actions significantly impact the ability of cities to fully realize these goals; and WHEREAS, the policies, programs, and funding included in the reauthorization of the 2008 Farm Bill will affect how successful cities can be in improving our local food systems and in doing so, advance goals of environmental sustainability, economic development, public health, race and social justice, and emergency preparedness.

20

47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89

NOW, THEREFORE, BE IT RESOLVED that the National League of Cities calls upon the federal government to adopt a Farm Bill that is consistent with these principles in the areas of healthy food, public health and sustainability: (1) Health-centered Food System: Focus on the relationship of food and ecologically sound agriculture to public health. Improving the health of the nation’s residents must be a priority in developing policies, programs, and funding. (2) Sustainable Agricultural Practices: Promote farming systems and agricultural techniques that prioritize the protection of the environment so that the soil, air, and water will be able to continue producing food long into the future. Integral to both domestic and global agricultural policies should be agricultural techniques and farming practices that enhance environmental quality, build soil and soil fertility, protect natural resources and ecosystem diversity, improve food safety (to protect against foodborne illness and disease), and increase the quality of life for communities, farmers and farm workers. Sustainable agricultural practices should be more broadly supported and applied and reliance on oil should be reduced. (3) Community and Regional Prosperity and Resilience: Enhance food security by strengthening the viability of small and mid-scale farms, and increasing appropriately scaled processing facilities, distribution networks, and direct marketing. Develop strategies that foster resiliency, local innovation, interdependence, and community development in both rural and urban economies. New coordination across city, county, state, and federal agencies, as well as between government, civil society, and businesses is needed to allow communities greater flexibility to plan and take action for strong and diverse food systems in every region. (4) Equitable Access to Healthy Food: Identify opportunities and reduce barriers by developing policies and programs that increase the availability of and improve the proximity of healthy, affordable, and culturally-relevant food to urban, suburban, and rural populations. Protect the nation’s core programs that fight food insecurity and hunger while promoting vibrant, sustainable agriculture. (5) Social Justice and Equity: Develop policies, programs, and strategies that support social justice, worker’s rights, equal opportunity, and promote community self-reliance. The policies reflected in the Farm Bill impact the lives and livelihoods of many people, both in the United States and abroad. (6) Systems Approach to Policymaking: Reduce compartmentalization of policies and programs and approach policy decisions by assessing their impact on all aspects of the food system including production, processing, distribution, marketing, consumption, and waste management. Consider the interrelated effects of policies and align expected outcomes to meet the goal of a comprehensive health-focused food system.

21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

NLC RESOLUTION #2013-13 ONE HEALTH INITIATIVE [Staff Recommendation: Expire – incorporate into policy] WHEREAS, cities depend on the health and vitality of their inhabitants, reliable access to sufficient quantities of wholesome food and clean water, clean air, and the ecosystem services that support them; and WHEREAS, government plays an important role in coordinating efforts to preserve and maintain those resources; and WHEREAS, policymakers are challenged to make sense of complex inter-relationships among human health, animal health, and ecological health, and pressed to conform with decisionmaking models that often isolate those critical connections and shorten planning horizons; and WHEREAS, cities’ economic, social, and environmental well-being—the “triple bottom line” whereon environmental stewardship, economic prosperity, and social responsibility intersect— depends on our ability to integrate diverse interests through unified long-range planning, and to engage and inform policymakers and practitioners about critical interdependent needs; and WHEREAS, the One Health Initiative1 is the collaborative objective of multiple disciplines, including the American Medical Association (AMA), U.S. Centers for Disease Control and Prevention (CDC), American Veterinary Medical Association (AVMA), their international counterparts, and environmental organizations, working locally, nationally, and globally to disseminate information about human health, animal health, and environmental health; and WHEREAS, leaders in local government are ideally suited as partners in that responsibility; and WHEREAS, successful adoption and implementation of the One Health Initiative will be predicated on the leadership, communication skills, and cooperation of its advocates; and WHEREAS, One Health topics that pertain to local government include the costs and organizational structure of public health services; pandemic preparedness; health education; adaptation to climate change; animal control and vaccination requirements; transportation and land use planning affecting public wellness; water quality protection; waste management; energy choices; food safety and regional food systems; ecological protection, restoration, and monitoring; homeland security and bioterrorism; measures of economic trends and workforce preparedness relative to sustainable practices; health, healthcare costs, and absenteeism of personnel; and WHEREAS, facilitating communication among increasingly specialized experts will improve health outcomes for communities through increased awareness of connections between climate variability, food production, and infectious diseases; cross-species contagion (zoonoses), and human and animal health conditions; and demands on municipal infrastructure and services; and

1

www.onehealthinitiative.com

22

47 48 49 50 51 52 53 54 55 56 57 58 59 60 61

WHEREAS, climate change will affect energy costs, the frequency and severity of floods, fires, wind events, heat waves, and other extreme weather conditions; coastal development and building standards; incidence vector-borne illnesses; crop production; habitat loss; endangerment and extinction of species; and human illness; and WHEREAS, cities can only thrive if they remain attractive and livable, with sufficient quantities of clean water, clean air, efficient, affordable buildings, healthful food choices, healthy food animals, and leaders who are committed to cooperative long-range planning for a sustainable future. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities supports integrated decision-making in the context of the One Health Initiative, and calls on the federal government to adopt legislation and practices that address human health, animal health, and ecological health in an integrated fashion and support local efforts to advance sustainability goals.

23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41

NLC RESOLUTION #2013-14 CALLING ON THE FEDERAL GOVERNMENT TO REFORM THE NATURAL GAS ACT TO PROTECT CONSUMERS [Staff Recommendation: Expire] WHEREAS, there currently exists a wide disparity in the manner in which electric customers and gas customers are protected when it comes to the ability of Federal Energy Regulatory Commission (FERC) to review and timely set just and reasonable rates in complaint proceedings; and WHEREAS, under the Federal Power Act (FPA), as amended in 1988, if a complaint is filed and FERC rules that the rate the customers have paid was unjust and unreasonable, FERC has the authority to make the new just and reasonable rate effective as of the date the complaint case was filed, which means that the affected customers receive refunds (including interest) of the past overcharges; and WHEREAS, by contrast, FERC does not have the same authority under the complaint section of the Natural Gas Act (NGA) to provide for the reimbursement of past overcharges by interstate transmission pipelines (pipeline companies) of rates found to be unjust and unreasonable; and WHEREAS, because under the NGA complaint section the affected pipeline companies are able to retain all past overcharges from the time the complaint is filed until it is finally resolved, such pipeline companies are incentivized to prolong (rather than settle) such complaint cases; and WHEREAS, studies have consistently shown massive over-recovery beyond a just and reasonable rate by interstate pipeline companies, for example by as much as $4.2 billion over the 2006-2010 period; and WHEREAS, the significant over-recovery by interstate pipeline companies is taken directly out of communities around the country impacting the budgets of local governments, businesses, and consumers thereby affecting community development, job creation, and consumer spending; and WHEREAS, the FERC commissioners, without regard to party affiliation, have frequently and critically noted the disparity between the complaint sections of the FPA and NGA and urged Congress to amend the NGA complaint section to conform with the FPA complaint section by providing for refunds to be ordered from and after the date of the complaint where rates are determined to be unjust and unreasonable. NOW, THEREFORE BE IT RESOLVED that the National League of Cities urges Congress to enhance FERC’s consumer protection authority by amending Section 5 of the Natural Gas Act to include authority by the FERC to order refunds to consumers who have been found by the FERC to have been charged unjust and unreasonable rates for natural gas effective to the date the complaint was filed.

24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

NLC RESOLUTION #2013-15 REGULATION OF HYDRAULIC FRACTURING AND THE PROTECTION OF MUNICIPAL WATER SUPPLIES [Staff Recommendation: Renew with edits] WHEREAS, oil and natural gas production contributes to America’s domestic energy security; and WHEREAS, hydraulic fracturing is a method of enhancing oil and gas production that involves the pumping of a mixture of mostly water and sand, with some chemical additives which are determined based upon the target formation, to open fissures within the target formation to allow for the release of oil or gas; and WHEREAS, hydraulic fracturing has become widely used in the oil and gas industry for wells targeting sandstone and shale formations that are considered “tight” or impermeable, which are widely distributed across the United States; and WHEREAS, hazardous chemicals introduced during hydraulic fracturing, as well as naturally occurring hydrocarbons unlocked by fracturing, have the potential risk to make their way into aquifers used as domestic water sources not only via the fractures themselves but also via natural joints, faults, and fissures in bedrock layers that might otherwise be supposed to be impermeable to fluid flow; and WHEREAS, contamination to drinking water has the potential to occur via drilling muds, improperly cased wells, and natural hydrocarbons found in target formations and released by hydraulic fracturing; and WHEREAS, groundwater supplies are an important, and sometimes exclusive, source of drinking water for municipalities around the United States; and WHEREAS, aquifers that become contaminated can be prohibitively expensive and/or technically infeasible to clean up, and contamination, whether related to oil and gas activities or other contamination sources (including biogenic methane) can result in the pollution of underground water supplies for long periods of time; and WHEREAS, clean, fresh water suitable for drinking and other municipal uses is becoming an increasingly scarce and valuable commodity that merits careful stewardship; and WHEREAS, protection of drinking water resources is a primary concern to Americans. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges Congress and the Administration to undertake responsible management of oil and gas drilling and production activities such that hydraulic fracturing does not pose a threat to domestic water supplies; and BE IT FURTHER RESOLVED that Congress and the Administration require oil and gas companies to disclose the full and complete list of all chemical ingredients, consistent with reasonable intellectual property protections, used in the hydraulic fracturing process utilizing a public chemical disclosure registry such as FracFocus.org; and

25

50 51 52 53

BE IT FURTHER RESOLVED that dependent on the outcome of scientific studies, Congress should consider repealing Section 322 of the Energy Policy Act of 2005 (P.L. 109-58)1, which exempts hydraulic fracturing from the protections imposed by the Safe Drinking Water Act, and allow states and municipalities to enact more stringent regulations than those of the federal government.

1

Section 322 Energy Policy Act of 2005 (P.L. 109-58) states:

SEC. 322. HYDRAULIC FRACTURING. Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended to read as follows: ‘‘(1) UNDERGROUND INJECTION.—The term ‘underground injection’— ‘‘(A) means the subsurface emplacement of fluids by well injection; and ‘‘(B) excludes— ‘‘(i) the underground injection of natural gas for purposes of storage; and ‘‘(ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.”. SEC. 323. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ‘‘(24) OIL AND GAS EXPLORATION AND PRODUCTION.—The term ‘oil and gas exploration, production, processing, or treatment operations or transmission facilities’ means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.” 26

American Water Works Association Comments REGULATION OF HYDRAULIC FRACTURING AND THE PROTECTION OF MUNICIPAL WATER SUPPLIES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41

WHEREAS, oil and natural gas production contributes to America’s domestic energy security; and WHEREAS, hydraulic fracturing is a method of enhancing oil and gas production that involves the pumping of a mixture of mostly water and sand, with some chemical additives which are determined based upon the target formation, to open fissures within the target formation to allow for the release of oil or gas; and WHEREAS, hydraulic fracturing has become widely used in the oil and gas industry for wells targeting sandstone and shale formations that are considered “tight” or impermeable, which are widely distributed across the United States; and WHEREAS, hazardous chemicals introduced during hydraulic fracturing, as well as naturally occurring hydrocarbons unlocked by fracturing, have the potential risk to make their way into aquifers used as domestic water sources not only via the fractures themselves but also via natural joints, faults, and fissures in bedrock layers that might otherwise be supposed to be impermeable to fluid flow; and WHEREAS, contamination to drinking water has the potential to occur via drilling muds, improperly cased wells, and natural hydrocarbons found in target formations and released by hydraulic fracturing; and WHEREAS, groundwater supplies are an important, and sometimes exclusive, source of drinking water for municipalities around the United States; and WHEREAS, aquifers that become contaminated can be prohibitively expensive and/or technically infeasible to clean up, and contamination, whether related to oil and gas activities or other contamination sources (including biogenic methane) can result in the pollution of underground water supplies for long periods of time; and WHEREAS, clean, fresh water suitable for drinking and other municipal uses is becoming an increasingly scarce and valuable commodity that merits careful stewardship; and WHEREAS, protection of drinking water resources is a primary concern to Americans. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities urges Congress and the Administration to undertake responsible management of oil and gas drilling and production activities such that hydraulic fracturing does not pose a threat to domestic water supplies; and

27

Comment [ATC1]: Suggest “have the potential to” or “have potential risk” Comment [ATC2]: This is a potential concern, although there hasn’t been any evidence that this actually happens. For the fractures themselves to carry either fracturing fluid or produced water up to drinking water aquifers would require the introduction of a exponentially more energy than is used. Fracking is only done to the extent necessary to loosen the target bed, which is generally thousands of vertical feet beneath drinking water sources. As for natural faults, etc., that is not an entirely answered question, but so far there isn’t any evidence that the implied contamination occurs because of fracturing. Our concerns focus more on disposal of wastes and associated potential for surface water contamination, and water use/resource issues Comment [ATC3]: I believe this is meant to be “natural hydrocarbons found outside of the target formation”. Hydrocarbons *in* the target formation are the oil and gas that the well extracts. Hydrocarbons, primarily methane, *outside* of the formation (at lesser depths closer to drinking water aquifers) can migrate into the aquifer and subsequently into drinking water wells if there is a problem with the cementing on the oil & gas well, a drinking water well, or both. The phenomenon is known as “stray gas” and poses a safety risk as methane gas can accumulate in a drinking water well or even in a home and cause an explosion. There are several well documented instances. In some areas, methane is found naturally in groundwater with the same safety implications. If the problem is with cementing on either type of well, it can be patched, or a treatment system can be installed to remove the methane from the water as it comes out of the well. Comment [ATC4]: Reasonable people can disagree whether the management of oil and gas production should be on the state or the federal level. For production (versus waste management, etc.), regulation is currently exercised at the state level. Suggesting that it should be federal will get strong pushback from both industry and the states. There are a few facets that already are federal, which we think together constitute most of the environmental risk: -Drilling on and under federal lands is regulated by the federal government -The disposal of wastes is regulated by the federal government (Clean Water Act NPDES program for surface disposal and SDWA UIC program for underground injection of wastes, most of which is disposed through injection) -Air emissions off of these sites are regulated under the Clean Air Act

42 43 44 45 46 47 48 49 50 51

BE IT FURTHER RESOLVED that Congress and the Administration require oil and gas companies to disclose the full and complete list of all chemical ingredients, consistent with reasonable intellectual property protections, used in the hydraulic fracturing process utilizing a public chemical disclosure registry such as FracFocus.org; and BE IT FURTHER RESOLVED that dependent on the outcome of scientific studies, Congress should consider repealing Section 322 of the Energy Policy Act of 2005 (P.L. 109-58)1, which exempts hydraulic fracturing from the protections imposed by the Safe Drinking Water Act, and allow states and municipalities to enact more stringent regulations than those of the federal government.

Comment [ATC5]: States can already enact more stringent regulations. I have never heard anyone (from state regulators, federal, industry, or environmental groups) say that the UIC exemption prevents states from regulating this activity, only that it doesn’t get regulated as a portion of the Underground Injection Control program. There are instances where localities cannot enact more stringent regulations (or moratoria / bans) because the state has regulated the activity to the extent as to preclude municipal involvement. This is especially true in states that use the legal concept of Dillon’s Rule, where municipalities only have authority specifically granted to them by the state. Changing this would almost certainly require each state in question to change its laws to allow for local regulation.

1

Section 322 Energy Policy Act of 2005 (P.L. 109-58) states:

SEC. 322. HYDRAULIC FRACTURING. Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended to read as follows: ‘‘(1) UNDERGROUND INJECTION.—The term ‘underground injection’— ‘‘(A) means the subsurface emplacement of fluids by well injection; and ‘‘(B) excludes— ‘‘(i) the underground injection of natural gas for purposes of storage; and ‘‘(ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.”. SEC. 323. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ‘‘(24) OIL AND GAS EXPLORATION AND PRODUCTION.—The term ‘oil and gas exploration, production, processing, or treatment operations or transmission facilities’ means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.”

28

PROPOSED EENR RESOLUTION #1 SUPPORTING AND ADVANCING RESILIENT COMMUNITIES [Staff Recommendation: Adopt] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

WHERAS, across the country local governments are seeing the devastating effects associated with a changing climate and recent extreme weather events have brought renewed attention to the need for cities to anticipate, prepare for and adapt to these events; and WHEREAS, extreme weather events can have severe impacts on local and regional infrastructure, economies, public safety, public health, natural landscapes and environmental quality; and WHEREAS, 2012 was the hottest year on record and extreme weather affected every region of the country, including extreme and prolonged drought giving way to a rise in food prices, devastating wildfires, damaging pest infestations, increased flood events and most notably, Hurricane Sandy; and WHEREAS, the United States has seen 130 separate billion-dollar-plus disasters in the past 30 years, including 14 in 2011 and 11 in 2012 which caused $188 billion in economic damages in 20011-2012; and WHEREAS, Hurricane Sandy led to 159 deaths and is projected to have caused more than $50 billion in damages1, and a subsequent $60.4 billion in supplemental disaster assistance; and WHERAS, Hurricane Katrina led to 1,833 deaths and more than $108 billion in losses2, and a subsequent $120 billion in supplemental disaster assistance; and WHEREAS, local governments often act as first responders—preparing in advance of emergency situations, offering immediate assistance to those impacted, and identifying strategies, solutions, and partnerships to address situations quickly and efficiently; and WHEREAS, as extreme weather events become more common, local governments in all geographic and climatic regions are looking for resources to assist them in anticipating, preparing for and adapting to these events; and WHEREAS, taking action now to adapt to a changing environment and create resiliency within a community will help save lives, strengthen local economies and build preparedness for future events. NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) urges Congress to support federal efforts that will help states and local governments conduct vulnerability assessments, develop and implement adaptation and resiliency action plans, and identify innovative financing opportunities to implement these assessments and plans in order to prepare, plan for and more quickly recover from extreme weather events; and BE IT FURTHER RESOLVED that NLC calls on the federal government to ensure that all federally funded activities take climate change, adaptation and resiliency into account; and 1

Tropical Cyclone Report: Hurricane Sandy, National Hurricane Center (Feb. 2013), available at: http://www.nhc.noaa.gov/data/tcr/AL182012_Sandy.pdf 2 Tropical Cyclone Report: Hurricane Katrina, National Hurricane Center (Updated Sept. 2011), available at: http://www.nhc.noaa.gov/pdf/TCR-AL122005_Katrina.pdf 29

41 42 43 44 45 46 47

BE IT FURTHER RESOLVED that NLC calls on Congress and the Administration to offer tools and incentives to local governments to encourage communities to consider the effects of climate change and extreme weather in their adaptation and resiliency planning; and BE IT FURTHER RESOLVED that NLC calls on the federal government to better align federal funding with local preparedness and resilience-building efforts.

30

TIS Resolution NLC RESOLUTION #2013-27 A COMPREHENSIVE NATIONAL SURFACE TRANSPORTATION PLAN TO SUPPORT LOCAL ECONOMIES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49

WHEREAS, Congress only enacted a two-year surface transportation authorization bill in 2012 that will expire in 2014; and WHEREAS, federal transportation revenues are not meeting national infrastructure investment goals; and WHEREAS, transportation plays a key role in local economic development, any surface transportation legislation must enhance the local role in programmatic funding for transit, road and bridge projects and modernize the funding distribution and decision-making process to acknowledge the role of metropolitan areas in growing our economy and creating new jobs; and WHEREAS, cities and towns are the economic engines of our national economy; and WHEREAS, a seamless and nationally connected multimodal transportation network is essential for the efficient movement of goods and people; and WHEREAS, human-powered transportation. such as biking and walking, help to promote good human health, better land use planning, reduced demand for roads and parking, and more unified communities; and WHEREAS, America’s national transportation network faces challenges of congestion, energy supply and costs, environmental impacts, and sprawl that threaten the economic, social and environmental future of the nation and our local economies; and WHEREAS, economic competitiveness and our lack of investment in maintaining, repairing and rebuilding our aging national transportation infrastructure system will continues to impact our economy and national security; and WHEREAS, the largest share in the growth of transportation investment has come from state and local sources according to the Congressional Budget Office and citizens are choosing to tax and toll themselves to support new transit and road initiatives as evidenced by the passage of 85 percent of transportation ballot initiatives adopted in 2012 in difficult financial times (according to the Center for Transportation Excellence as of September, 2012); and WHEREAS, credit assistance programs such as the Transportation Infrastructure Finance and Innovation Act (TIFIA) and other federal tax incentives are effective transportation finance tools to help local governments leverage revenues and attract private capital; and WHEREAS, the lack of uniformity among agencies in the environmental and other regulatory review and approval process continues to add needless delays and expense to transportation projects; and WHEREAS, transportation is a major consumer of energy, mostly in the form of fossil fuels and its share of energy consumption continues to increase with motor vehicles accounting for one –third of world oil consumption and two-thirds of the country’s oil consumption, and we must accomplish the difficult task of expanding the transportation network’s capacity to serve a growing population and an expanding economy while simultaneously reducing the carbon footprint of the system; and WHEREAS, many communities are seeking more sustainable policies that help communities integrate social, economic and environmental systems and, incorporate best practices in transportation planning, land use, energy conservation and impacts of alternative fuels. 31

50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 1

NOW, THEREFORE, BE IT RESOLVED that the National League of Cities (NLC) continues to support a comprehensive multimodal national transportation program which recognizes the central role that transportation plays in local economies and provides full funding for infrastructure initiatives that promote long term outcomes, protect the environment, create jobs and help the economy grow; and BE IT FURTHER RESOLVED that Congress and the Administration should take immediate action to ensure the sustainability of both the highway and mass transit accounts within the federal Highway Trust Fund; and BE IT FURTHER RESOLVED that NLC pledges to promote partnership between the federal, state and local governments to provide improved multimodal transportation in the 21st Century; and BE IT FURTHER RESOLVED that NLC continues to support a comprehensive national transportation plan that would:  Include local governments in decision making on all transportation programs that impact their communities;  Allow local governments a decision making role in choosing the right mix of transportation options that suit their community economic development and other goals;  Include principles of sustainability, innovative technology, regional decision making, and performance measures;  Invest in outcome-oriented solutions rather than specific mode-designated grants;  Integrate the highway, rail, air, and port freight systems of the North American trade bloc to enable the U.S. to remain a competitive economy and to connect between urban and rural communities to the global economy;  Recognize the vital role of a funded rail infrastructure system that promotes enhanced freight mobility and provides additional options for intercity travel;  Recognize the connection between transportation and land use planning, housing, energy, the economy and the environment;  Improve options for biking and walking within our communities;  Improve the quality of life for all citizens through a dramatic increase in safety, managed and/or reduced travel time, energy independence, and affordable transportation;  Collaboratively establish national performance goals, intergovernmental roles and responsibilities, and accountability mechanisms to achieve the goals;  Streamline regulatory review processes including incentives for innovative project implementation; and  Create and expand revenue-generating mechanisms that are developed collaboratively by federal, state, and local governments, reflect the true cost to the infrastructure of every mode of transportation, and recognize the need for new methods of revenue generation

32

E&E Daily Fight over a Fla. sewer pipe raises national financial and health issue Christa Marshall, E&E reporter Published: Tuesday, September 3, 2013 VIRGINIA KEY, Fla. -- The wastewater plant on this barrier island sits tucked in a northern corner, away from the wading birds, views of Miami Beach and grassy vegetation providing prime picnic spots. If not for the perfumed mist sprayed from metal pipes to camouflage the odor, it could be any blocky warehouse of white buildings. Past a dirt road, one white building links to an orangetinged pipe, curved like the hook of a fattened umbrella. An occasional series exploring how prepared cities and states are for more extreme weather as the 2013 hurricane season gets underway. Nondescript as it is, the pipe is at the center of one of the biggest fights over climate change in the country. It carries millions of tons of partially treated sewage daily -- after it is piped underwater from Miami Beach -- miles out to the ocean. Environmentalists fear a direct hit from a strong storm could knock out the plant and the pipe for long periods of time, sending raw sewage into Biscayne Bay. "It could be much worse than Hurricane Sandy. If you had billions of gallons pouring into the waters, it would be a catastrophe, a calamity," said Albert Slap, an attorney supporting Biscayne Bay Waterkeeper, an advocacy group. In addition to public health threats, there could be long-lasting effects on the ecosystem, he said. Biscayne Bay Waterkeeper's supporters also expressed concerns about the liquid chlorine that is stored at the plant. The Biscayne Bay Waterkeeper group is trying to force the county in court to consider climate change as part of a $1.6 billion agreement among U.S. EPA, the Department of Justice and Miami-Dade County that aims to eliminate raw sewage overflows. They say that the consent decree, which was prepared in June and still needs to be approved by a federal judge, is putting the public and taxpayers at risk by ignoring the threat of rising sea levels at three county wastewater plants sitting in low-lying areas. The case has national implications because it is unique for a wastewater consent decree to be challenged on climate change grounds, and it may set a precedent, according to analysts. Considering that climate change is a topic with a range of threat estimates, the decree fight is spurring competing claims about everything from how geology drives storm surges to how much mangroves buffer shorelines. A $1.6B proposition Opponents say the county needs to do a thorough vulnerability assessment of climate impacts and their associated price tag before it spends $1.6 billion on wastewater upgrades overall and $555 million for the Central District Wastewater Treatment Plant on Virginia Key specifically. 33

Unless they do, the county could end up in eventual violation of the decree and the Clean Water Act while wasting millions on ineffective upgrades, they say. Miami-Dade County calls the charges unfair, saying that it is considering sea-level rise in its upgrades to three county wastewater plants, just not as part of the formal decree with the federal government. The agreement, which is about complying with the Clean Water Act, is not the right document to outline details about engineering criteria such as flood barriers, the county says. Miami-Dade will raise electrical equipment and undertake additional flood protection measures at the Virginia Key facility so it is prepared for 3 feet of additional sea-level rise and storm surges -- protections that should make the plant resilient through 2075, said Bertha Goldenberg, an official with the Miami-Dade Water and Sewer Department. "We are considering climate change. The county has been looking at this for some time. ... The only thing is that it's not listed in the consent decree," Goldenberg said. "The consent decree is about the Clean Water Act, it's not about design standards." Biscayne Bay Waterkeeper says it doesn't trust the county's science or promises considering past history, adding that the decree is the only place to address climate change, as it can be enforced in court. The county's consultant is making simplistic assessments of climate impacts and underestimating the cost of protective upgrades by $200 million or more, it argues. Regardless of who prevails this fall in court proceedings, the situation also highlights broader concerns about the effect of climate change on wastewater plants. A small piece of a much more expensive issue According to the National Association of Clean Water Agencies, the national cost to prepare wastewater systems for climate change through midcentury could be $152 billion to $252 billion. The vulnerability of wastewater facilities stems from their basic need to discharge to bodies of water, placing many of them on low-lying areas on coastlines. During Superstorm Sandy, 11 billion gallons of raw or partially treated sewage flowed into rivers, bays and city streets, according to an April analysis from Climate Central. A report from the Government Accountability Office this April also concluded that wastewater management systems face the choice of paying more now to account for climate risks or may "potentially pay a much larger premium later." "In the worst cases ... climate change impacts could cause a system to fail, creating risks to public health," GAO said. Slap and supporters of Biscayne Bay Waterkeeper point to a long accumulation of risks that have been accepted by Miami-Dade over the years. The shorelines of Virginia Key have little protection from storms because they have lost much of their protective sand due to dredging that occurred decades ago to build a shipping channel, they said. Much of the county's sewage infrastructure is old, and there have been numerous sewage overflows throughout the entire Miami-Dade sewage system, despite two 1990s-era consent decrees. "Why should we trust them this time?" asked Alexis Segal, executive director of Biscayne Bay Waterkeeper. 34

In its announcement in June, EPA noted that there were 211 reported sanitary sewer overflows between 2007 and 2013 in Miami-Dade County, with 29 million gallons of raw sewage reaching navigable waters of the United States. The agency said it had documented "numerous operation and maintenance violations" at the Virginia Key plant during inspections in 2011, 2012 and 2013. The county has some of the lowest water rates in the country, which critics say has led to a pattern of neglect with repairs. Will rising sea levels pose 'catastrophic damage'? A group of climate scientists and professors at local universities have joined the Waterkeepers' complaint, along with several local leaders, including the mayor of Key Biscayne. In court documents, several of the scientists say the county needs to do a much more thorough analysis of wave mechanics, wind impacts of hurricanes and geology. They note, for example, that the Virginia Key plant is surrounded by two areas of higher elevation, including an old dump with an elevation of 25 feet. "These high areas will serve to force exceptionally strong and high storm surge waters into and across the lower elevation between them. ... Major storm flooding events will treat the [Virginia Key plant] as a sluiceway," Harold Wanless, chairman of the Geological Sciences Department at the University of Miami, said in a document supporting the inclusion of sea-level rise in the consent decree. Others cite the case of Hurricane Andrew, which knocked out a wastewater treatment plant in the county for a month in 1992. If its storm surge had hit the Virginia Key plant directly, the entirety of Virginia Key would have overtopped with "catastrophic damage" to the wastewater facility, Leonard Berry, a professor at Florida Atlantic University, said in another document. Add 2 feet of sea-level rise over the coming decades, combined with eroded shores in comparison to 30 years ago, and the Virginia Key plant could get knocked out for as much as a year with a direct hit from a strong hurricane, he said in an interview. Sea levels in Miami have increased about 0.8 inch per decade in South Florida, according to the Southeast Florida Regional Climate Change Compact. As part of this compact -- which is a coalition of three other counties -- Miami-Dade formally agrees that sea levels may rise in the area by as much as 2 feet by 2060. Biscayne Bay Waterkeeper says its goal is not to shut down the Virginia Key plant tomorrow. In addition to more scientific assessments, the group is calling for a blue ribbon panel to oversee the process and a possible bifurcation of the decree, so immediate repairs move ahead while longerterm issues with climate change are resolved. For Slap, the issue is also that the consent decree doesn't fit with the rhetoric of public officials. EPA has guidelines for climate-ready utilities, and the Obama administration has released a series of plans -- including executive orders overseeing rebuilding in the Northeast after Superstorm Sandy -- calling for protecting infrastructure against rising seas, floods and fires. 35

"When the rubber meets the road, they don't walk the walk," Slap said about the Obama administration and the county. EPA spokeswoman Davina Marraccini said the agency does not comment on pending litigation but said that municipalities should try to avoid "delayed costs" by addressing a problem correctly the first time and should consider "all available information" with upgrades to prevent wastewater overflows, including weather patterns. Or can county planners deal with rising risks? In an interview, Goldenberg of the Miami-Dade Water and Sewer Department said she thinks the criticism is unfair. According to the county's data, 3 feet of additional sea-level rise combined with storm surge from a Category 5 hurricane could saturate the Virginia Key plant but not knock it out or cause catastrophic damage. Considering that the facility sits 10 to 17 feet above sea level, the biggest effect from a storm likely would be to electrical equipment sitting low on the ground, she said. "It's not that we are not looking at this. We are," she said. The county relied on a consultant, Hazen and Sawyer, for its calculations, and utilized maps from the National Oceanic and Atmospheric Administration, according to Goldenberg. Under a state law, the county is required to eliminate ocean outfalls of treated sewage by 2025. By that time, the county plans to stop using the big outfall pipe and move to injecting treated sewage deep underground. As part of repairs to comply with that law, the county plans to protect all three of its wastewater plants against climate change by raising electrical equipment higher and adding some flood barriers at a cost of around $30 million, she said. The sea-level rise considerations at Virginia Key -- and the other plants -- will be noted in design contracts, Goldenberg said. The climate plans also are noted in several pages in a document released in June outlining how the county plans to comply with the ocean outfall legislation through 2025. That document states that the sewer department "will proceed with a program to add concrete walls at strategic plant locations to reduce effects of storm surge" and calls for elevation of equipment and other protective "features." The county wouldn't go into such detail if it wasn't serious about adding the protections, according to Goldenberg. To comply with the 2025 requirement, the county also is planning to build a new wastewater plant farther inland. The idea is to gradually reduce flows at Virginia Key and let the new, less vulnerable plant take up much of the load. And will a court's decree make any difference? It doesn't make sense to put climate change in the consent decree, when other environmental issues -- such as the efficiency of motors and safety regulations -- are not part of it either, Goldenberg said. The National Association of Clean Water Agencies, which speaks on behalf of publicly owned wastewater utilities, made a similar argument in comments filed in support of the federal-county 36

agreement. It would be unprecedented to include climate change in a wastewater consent decree, and there is no reason why this one should be the first, NACWA said. There are roughly 100 public utility members nationally under some form of decree related to sewer overflows, and most of those were approved by courts without much change from the original proposal, according to the association. "They are not the experts on the Miami wastewater system. They are not the experts on wastewater treatment in general," Nathan Gardner-Andrews, general counsel at NACWA, said about decree opponents. Climate change is an issue where science keeps getting refined, so it makes sense to address it in planning documents that allow flexibility, not through a court process, according to supporters. It also is an issue that utilities are taking seriously in infrastructure planning, Gardner-Andrews said. "This is not something that people are asleep at the wheel on," he said.

37

ENERGY, ENVIRONMENT AND NATURAL RESOURCES (2013) Committee Chair: Matthew Appelbaum, Mayor, City of Boulder, Colorado Committee Vice Chair: Bill Peloza, Councilmember, City of Auburn, Washington Board Liaison: Michael Sesma, Councilmember, City of Gaithersburg, Maryland Steering Committee: Billy Pearson, Councilmember, City of Lincoln, Alabama Stephanie Karlin, Vice Mayor, City of Avondale, Arizona Mark Stodola, Mayor, City of Little Rock, Arkansas Margaret Clark, Councilmember, City of Rosemead, California Larry Klein, Council Member, City of Palo Alto, California Art Madrid, Mayor, City of La Mesa, California Chad Auer, Mayor, Town of Firestone, Colorado Gerry Horak, Councilmember, City of Fort Collins, Colorado Brad Pierce, Council Member, City of Aurora, Colorado James Holloway, Councilmember, City of Bridgeport, Connecticut Cindy Lerner, Mayor, Village of Pinecrest, Florida James E. McDonald, Councilmember, Village of Pinecrest, Florida Wayne Messam, City Commissioner, City of Miramar, Florida Patricia Plantamura, City Councilor, City of Seminole, Florida Tom Lamar, Councilmember, Moscow, Idaho William McLeod, Village President, Village of Hoffman Estates, Illinois Joe Moore, Alderman, City of Chicago, Illinois Craig Malin, City Administrator, City of Davenport, Iowa Debbie Kring, City Council President, City of Mission, Kansas Rick Skinner, Mayor, City of Williamstown, Kentucky Judith Davis, Mayor, City of Greenbelt, Maryland Henrietta Davis, Mayor, City of Cambridge, Massachusetts Patty Acomb, Council member, City of Minnetonka, Minnesota Marvin Johnson, Mayor, City of Independence, Minnesota Cindy Circo, Mayor Pro Tem/Council member, City of Kansas City, Missouri Raeanne Presley, Mayor, City of Branson, Missouri Denis Pitman, Councilman, City of Billings, Montana Rachel Dahl, Councilmember, City of Fallon, Nevada Denny Doyle, Mayor, City of Beaverton, Oregon Carolyn Comitta, Mayor, City of West Chester, Pennsylvania Sarah Klinetob, Councilmember, Borough of State College, Pennsylvania Sal Panto, Mayor, City of Easton, Pennsylvania Randal Wallace, Councilman, City of Myrtle Beach, South Carolina Ralph McGill, Mayor, Town of Farragut, Tennessee David Mosby, Council Member, City of Oak Ridge, Tennessee Cynthia Pratt, Council Member, City of Lacey, Washington Tom Murphy, Mayor, City of Gillette, Wyoming

38

Policy and Advocacy Committee: Howard Shell, Mayor, City of Atmore, Alabama Hermon T. Graham, Council Member, City of Florence, Alabama Bill C. Stewart, Council Member, City of Gadsden, Alabama Allyn Elizabeth Holladay, President, City of Homewood, Alabama Ron Davis, Mayor, City of Prichard, Alabama Gwen Calhoun, Councilmember, City of Sierra Vista, Arizona Claude Mattox, Council Member, City of Phoenix, Arizona Rick Elumbaugh, Mayor, City of Batesville, Arkansas Gary Fletcher, Mayor, City of Jacksonville, Arkansas Mark Stodola, Mayor, City of Little Rock, Arkansas Terry O'Day, Council Member, City of Santa Monica, California Lisa Skumatz, Trustee, Town of Superior, Colorado Harry A. Watson, Councilor/Vice-Mayor, Town of Groton, Connecticut David J. Athey, Council Member, City of Newark, Delaware Patricia Asseff, Commissioner, City of Hollywood, Florida Brian Beasley, Commissioner, City of South Miami, Florida Carter Crawford, City Manager, City of Sylvania, Georgia Jared Fuhriman, Mayor, City of Idaho Falls, Idaho Lisa Brown, Alderman, City of Bettendorf, Iowa Roy D. Buol, Mayor, City of Dubuque, Iowa Denny Walstra, Mayor, City of Sioux Center, Iowa Frederick Smalls, Council Member, City of Laurel, Maryland Dean Burrell, Sr., Council Member, Town of Berlin, Maryland Karen Young, Alderman, City of Frederick, Maryland Ardell Brede, Mayor, City of Rochester, Minnesota Heidi Moegerle, Councilmember, City of East Bethel, Minnesota Teddy J. Harder, Council Member, City of D’Iberville, Mississippi Joyce Arceneaux-Mathis, Alderwoman, City of Natchez, Mississippi Matt White, Mayor, City of Eunice, New Mexico David Coss, Mayor, City of Santa Fe, New Mexico Tim McDonough, Trustee, Village of Los Ranchos de Albuquerque, New Mexico Eugene A. Brown, Council Member, City of Durham, North Carolina James Corey, Council Member, City of High Point, North Carolina Foster L. Douglas, Council Member, City of High Point, North Carolina Dianne Johnson, Commissioner, City of Lillington, North Carolina James Taylor, Council Member, City of Winston-Salem, North Carolina Art Schools, Mayor, Town of Emerald Isle, North Carolina Fletcher D. Berger, Mayor, City of Bedford Heights, Ohio Mamie J. Mitchell, Council Member, City of Cleveland, Ohio Rebecca W. Stinchcomb, Mayor, City of Gahanna, Ohio Susan A. Drucker, Mayor, City of Solon, Ohio Elizabeth Waner, Council Member, City of Edmond, Oklahoma Clifford “Kip” Allen, Councilman/President, Borough of Edinboro, Pennsylvania John B. Callahan, Mayor, City of Bethlehem, Pennsylvania Brad Koplinski, Council Member, City of Harrisburg, Pennsylvania Patrick D. Rushing, Mayor, City of Airway Heights, Washington Paul Roberts, Council Member, City of Everett, Washington 39

Margaret Ann Bailey, Mayor, City of Clarksburg, West Virginia Robert Newell, Mayor, City of Parkersburg, West Virginia Bill Brauer, Council Member, City of Casper, Wyoming Marilyn Werner, Councilperson, City of Douglas, Wyoming Scott Mullner, Mayor, City of Laramie, Wyoming Melissa Turley, Council Member, Town of Jackson, Wyoming

40