[Senate Hearing 118-412]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 118-412

                            BUSINESS MEETING

=======================================================================

                                MEETING

                                 OF THE

                              COMMITTEE ON
                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                            FEBRUARY 1, 2023

                               __________

  Printed for the use of the Committee on Environment and Public Works
  
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               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                  THOMAS R. CARPER, Delaware, Chairman
          SHELLEY MOORE CAPITO, West Virginia, Ranking Member

BENJAMIN L. CARDIN, Maryland         KEVIN CRAMER, North Dakota
BERNARD SANDERS, Vermont             CYNTHIA M. LUMMIS, Wyoming
SHELDON WHITEHOUSE, Rhode Island     MARKWAYNE MULLIN, Oklahoma
JEFF MERKLEY, Oregon                 PETE RICKETTS, Nebraska
EDWARD J. MARKEY, Massachusetts      JOHN BOOZMAN, Arkansas
DEBBIE STABENOW, Michigan            ROGER WICKER, Mississippi
MARK KELLY, Arizona                  DAN SULLIVAN, Alaska
ALEX PADILLA, California             LINDSEY O. GRAHAM, South Carolina
JOHN FETTERMAN, Pennsylvania

               Courtney Taylor, Democratic Staff Director
               Adam Tomlinson, Republican Staff Director
                            
                            
                            C O N T E N T S

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                                                                   Page

                            FEBRUARY 1, 2023
                           OPENING STATEMENTS

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West 
  Virginia.......................................................     3

                              LEGISLATION

Rules of Procedure for the Committee on Environment and Public 
  Works..........................................................     6
Resolution authorizing expenditures by the Committee on 
  Environment and Public Works...................................    11

 
                            BUSINESS MEETING

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                      WEDNESDAY, FEBRUARY 1, 2023

                                       U.S. Senate,
                 Committee on Environment and Public Works,
                                                    Washington, DC.
    The committee met, pursuant to notice, at 10:02 a.m., in 
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper 
(chairman of the committee) presiding.
    Present: Senators Carper, Capito, Cardin, Whitehouse, 
Merkley, Markey, Kelly, Padilla, Fetterman, Lummis, Wicker, 
Sullivan, Mullin, Ricketts.

          OPENING STATEMENT OF HON. THOMAS R. CARPER, 
            U.S. SENATOR FROM THE STATE OF DELAWARE

    Senator Carper. I am pleased to call this business meeting 
of the Environment and Public Works Committee to order. I thank 
everyone for joining Senator Capito and me today for the first 
EPW committee meeting of the 118th Congress.
    We have one person who is missing in action this morning, 
Mary Frances Repko. She is now working over in the 
Administration, someone who has been very much a part for over 
like a quarter of a century a key player in the House of 
Representatives, where Steny Hoyer worked for her for 10 years.
    [Laughter.]
    Senator Carper. You think I am kidding. Just ask him.
    She has gone on, I will not say to bigger and better 
things, but she will be a good partner with all of us. She has 
been succeeded by Courtney Taylor, sitting right by me over my 
left shoulder. If you have not had a chance to meet her, I 
think you are going to like her a lot. She is settling, and she 
and Adam have already started working together, which is a key 
to our success.
    I want to begin by welcoming several of our newest members 
of our committee. And it says we have 10, so we can begin to 
vote any time. Thank you.
    The newest members of our committee are Senator John 
Fetterman of Pennsylvania, I do not see John, although I saw 
him earlier today. And Markwayne Mullin of Oklahoma, Pete 
Ricketts of Nebraska. I hope I am not missing anybody. Welcome 
aboard. We were pleased to have a chance to meet with some of 
our new Republican colleagues yesterday.
    Today we are going to vote on a couple of items, the 
committee's funding resolution and the rules that govern our 
committee's conduct. Senator Capito and I have agreed to begin 
voting as soon as we have established a quorum. I understand we 
have established a quorum of 10 people.
    At that time, we will hit the pause button with respect to 
our members' statements and proceed straight to the items on 
our agenda. After our voting concludes, I will happily 
recognize any additional members who may wish to speak.
    I am going to go ahead and finish this statement, it is not 
very long. Before we do, I want to take a moment to reflect on 
this committee's incredible accomplishments from the last 
Congress, most of them bipartisan, and express my hope for 
building on that work this Congress with Senator Capito and 
colleagues on both sides of the aisle.
    The 117th Congress was an extraordinarily productive 
session for the Congress as a whole, and especially for our 
committee. In 2021, we rolled up our sleeves, we got to work 
early on and we never stopped. We unanimously advanced two 
pieces of bipartisan infrastructure legislation out of our 
committee, our drinking water and wastewater legislation and 
our surface transportation and highway legislation which 
included the first-ever climate title.
    Our bipartisan success with both of those became the 
foundation of the historic Bipartisan Infrastructure Law that 
became law in November 2021. We were able to build on this 
success by passing the Inflation Reduction Act, the most 
significant investment to combat climate change in our Nation's 
history.
    In our committee's title alone, we invested more than $40 
billion in reducing climate pollution, and advancing 
environmental justice. This historic law, and I think this is 
an important point to keep in mind, we created with that 
legislation millions of good-paying jobs from coast to coast. 
We will be helping to build a stronger, cleaner economy.
    We didn't stop there. In December 2022, just about 2 months 
ago, we continued our committee's triumphant streak of passing 
the Water Resources and Development Act, WRDA, on time and with 
bipartisan support. Reauthorization of the Army Corps of 
Engineers, the fifth, I think consecutive 2 years we have done 
that. This law is going to deliver on critical water resources 
projects from Delaware to California and across the Nation from 
Nebraska, through New Orleans and every place in between. All 
50 States participated, we got great input from everybody, and 
we are delighted to have gotten such strong support from our 
colleagues and from the Administration.
    As we begin this Congress, it is more important than ever 
to continue to work on a bipartisan basis to tackle some of the 
challenges facing the American people. I know that I have the 
great, maybe the best partner of any committee chair in the 
Senate, in Senator Capito and her staff, led by Adam, critical 
to many of our successes of our committee in the last Congress. 
I am confident that together we will continue to do great 
things, important things, for all of our States to protect our 
environment and to invest in our infrastructure and create a 
nurturing environment for job creation.
    I believe this work includes watching over and helping 
guide the Biden Administration as they work to implement the 
historic laws that we passed in the last Congress, and includes 
taking action to address toxic chemicals like Per- and 
Polyfluoroalkyl Substances (PFAS) that harm human health. It 
includes reauthorizing important programs that foster economic 
growth like the Economic Development Administration and 
Brownfields programs. And it includes improving our recycling 
systems just to name a few.
    I look forward to working closely with Senator Capito, our 
subcommittee chairs, ranking members and all the members of 
this committee here on its best traditions of bipartisanship 
and hard work in the 118th Congress. With that all being said, 
I want to recognize the Ranking Member, Senator Capito, and 
again to thank her for being just a terrific partner, as we 
have done all these things together. Thank you.

        OPENING STATEMENT OF HON. SHELLY MOORE CAPITO, 
          U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

    Senator Capito. Thank you, Mr. Chairman. I want to take 
just a brief moment, but I thank you for years past and this 
coming session as well. I always look forward to working with 
you, and welcome to Courtney as well to the committee.
    We notched many wins last year, as you talked about. Since 
our last meeting, the Water Resources Development Act of 2022 
was signed into law as part of the 2023 National Defense 
Authorization Act. So this is critical support for all of our 
States, certainly in West Virginia for floor control and 
prevention, to improve and expand drinking water, wastewater 
and stormwater projects, and identify future opportunities for 
additional economic development.
    Passage of WRDA on a 2-year schedule ensures timely 
progress on projects that enable our Nation's commerce and 
restore our water resources and protect our communities. Last 
Congress, as you mentioned, the committee also developed the 
backbone of the Infrastructure Investment and Jobs Act, 
including the 5-year Surface Transportation Reauthorization 
legislation as well as strong drinking and wastewater 
infrastructure legislation. I think we are starting to see the 
results of that in a lot of our States. These successes will be 
hard to top, but I know we are going to try.
    As we start the new Congress, I would like to join you in 
welcoming our new members on our Republican side, we are 
excited to have Senator Mullin and Senator Ricketts on EPW. 
Then-Congressman Mullin and I served together as members of the 
House Transportation and Infrastructure Committee, so it is 
nice to be reunited. And welcome, Senator Ricketts. I 
facetiously say you are joining that exclusive club of the 
former Governors club that are now Senators.
    Senator Carper. Would you yield for a moment? I call it the 
recovering Governors.
    [Laughter.]
    Senator Capito. I call it something else, but I couldn't 
say it in public.
    [Laughter.]
    Senator Carper. Senator Capito, as you know, is the 
daughter of a former Governor of West Virginia. I start way too 
many sentences with these words: ``When I was Governor of 
Delaware,'' so many have heard it more than they want to.
    Senator Capito. Anyway, welcome, and we know that you have 
a passion for agriculture. I look forward to working with you 
on issues such as oversight of Waters of the U.S. definition 
and other things.
    On the Democrat side, we certainly welcome Senator 
Fetterman, and I look forward to getting to know him.
    Our first order or business is to organize. Last Congress, 
the committee adopted special rules to reflect the 50-50 
equally divided Senate consistent with past precedent from 
2001. Chairman Carper and I agreed at that time we now support 
returning to the committee's rules that have governed when one 
party had an outright majority.
    The committee will therefore vote to adopt a modernized 
version of these rules that were last applied in the 116th 
Congress. I support adoption of these rules, as well as the 
proposed committee budget that we are considering today.
    Once we are organized, our work will begin in earnest to 
develop legislation in areas that are ripe for bipartisan 
attention, including advanced nuclear legislation, brownfields 
reauthorization and economic development legislation, just to 
name a few. And of course, the Congress will work to keep WRDA 
on the 2-year timeframe this committee has followed.
    I will continue to scrutinize, as the Ranking Member, the 
Administration's agenda and actions, and conduct robust 
oversight.
    The Biden Administration has announced plans to move 
forward with many regulations that will create regulatory 
uncertainty, slow development of critical projects, and add 
cost. So we will be scrutinizing those as we move to the next 
session. I look forward to it.
    Senator Carper. Thank you, Senator Capito.
    I see a quorum has been reached. We welcome everyone, one 
and all.
    Moving now to our approve our committee's budget resolution 
and our committee's rule en bloc. Is there a second?
    Senator Capito. Second.
    Senator Carper. Thank you for that second. All in favor say 
aye.
    [Chorus of ayes.]
    Senator Carper. Opposed, say nay.
    [No audible response.]
    Senator Carper. The ayes have it.
    In the opinion of the Chair, we have approved the committee 
budget resolution, which will be reported favorably to the 
Senate, as well as our committee's rules. The organizing 
portion of our meeting is concluded and I am now happy to 
recognize any member of our committee who would like to make a 
statement on the committee resolutions we just approved, or 
other matters, if you prefer.
    With that, raise your hand and we will recognize you.
    Senator Cardin. Mr. Chairman, we are all so excited to be 
back together again. How do we do an encore from what we got 
done in the last Congress?
    Senator Carper. I do not know. If I live to be 100, I tell 
people back in Delaware, if I live to be 100, I do not know how 
we are going to do a better job done of getting stuff done than 
we did in the last Congress. It was just a terrific, terrific 2 
years. But we will try. We will try. Everybody here had a role 
in that.
    Anybody else with a statement or comment? With that, I will 
see you guys and gals on the floor. Thank you, Senator Capito.
    Senator Capito. Thank you, Mr. Chairman.
    Senator Carper. We are adjourned.
    [Whereupon, at 10:13 a.m., the business meeting was 
adjourned.]
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