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April 1995
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Clean Water Act Dilutions

If radical changes to the Clean Water Act adopted by a key House committee this month had been enacted in 1972, there would be no Bay-Delta accord, and half the wetlands now protected around the Bay would be open to development. Changes in legal definitions of wetlands and in water quality and stormwater regulation are just some of the drastic revisions in a Clean Water Act marked up in the House Transportation and Infrastructure Committee on April 6 and expected (at press time) to sail through a floor vote.

Although the revisions - won in a bitter fight between Rep. Bud Shuster (R-PA) and former committee chair Rep. Norm Mineta (D-CAL) - are clearly meant to favor industry, Roger James of the Santa Clara Valley Water District says California businesses could actually find themselves at a disadvantage if they are adopted.

"One of the things the 1972 Clean Water Act did was create a level playing field nationwide," says James. "If you have so much flexibility on the state level, industry in California, where the state regulations are fairly strict, wouldn't be competitive with other states where rules are lax."

That could be why support for the Republican-sponsored changes has been guarded, even among the business community. "The jury is still out on whether the new revisions to the act go too far," says Ellen Johnck of the Bay Planning Coalition, which works with Bay industry and municipalities. But Johnck says her group does favor the principles of property rights and risk assessment included in the changes to the bill.

Eric Federling, a spokesman for Mineta, was less qualified in his assessment. "It's a health, economic and environmental disaster," he says. "This bill would eviscerate coastal zone management and nonpoint control. It's a frontal assault on wetlands. The South Bay was way ahead of the game on in-house secondary treatment. This bill says that they could just turn those things off."

If it passes the House, the revised act will move on to the Senate, where opponents are counting on it being stalled by John Chaffee of Rhode Island, a fairly staunch environmentalist who heads the Environment and Public Works Committee, or failing that, by presidential veto.

Contact: House & Senate: (202)225-3121

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