Congressional Record, Volume 142 Issue 38 (Tuesday, March 19, 1996)

[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[House]
[Pages H2339-H2342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT

Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H.J. Res. 129) granting the consent of Congress to
the Vermont-New Hampshire Interstate Public Water Supply Compact.
The Clerk read as follows:

H.J. Res. 129

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

The Congress consents to the Vermont-New Hampshire
Interstate Public Water Supply Compact entered into between
the States of Vermont and New Hampshire. The compact reads
substantially as follows:

``VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT

``ARTICLE I

``general provisions

``(a) Statement of Policy.--It is recognized that in
certain cases municipalities in Vermont and New Hampshire
may, in order to avoid duplication of cost and effort, and in
order to take advantage of economies of scale, find it
necessary or advisable to enter into agreements whereby joint
public water supply facilities are erected and maintained.
The States of Vermont and New Hampshire recognize the value
of and need for such agreements, and adopt this compact in
order to authorize their establishment.
``(b) Requirement of Congressional Approval.--This compact
shall not become effective until approved by the United
States Congress.
``(c) Definitions.--
``(1) The term `public water supply facilities' shall mean
publicly owned water supply sources, storage, treatment,
transmission and distribution facilities, and ancillary
facilities regardless of whether or not the same qualify for
Federal or State construction grants-in-aid.
``(2) The term `municipalities' shall mean cities, towns,
village districts, or other incorporated units of local
government possessing authority to construct, maintain, and
operate public water supply facilities and to raise revenue
therefore by bonding and taxation, which may legally impose
and collect user charges and impose and enforce regulatory
control upon users of public water supply facilities.
``(3) The term `water supply agency' shall mean the
agencies within Vermont and New Hampshire possessing
regulating authority over the construction, maintenance, and
operation of public water supply facilities and the
administration of grants-in-aid from their respective State
for the construction of such facilities.
``(4) the term `governing body' shall mean the legislative
body of the municipality, including, in the case of a town,
the selectmen or town meeting, and, in the case of a city,
the city council, or the board of mayor and aldermen or any
similar body in any community not inconsistent with the
intent of this definition.

``ARTICLE II

``procedures and conditions governing intergovernmental agreements

[[Page H2340]]

planning, design, and construction of public water supply
facilities other than distribution facilities shall be made
jointly by the agreeing municipalities, with the amount of
the grant attributable to each State's allotment to be based
upon the relative total capacity reserves allocated to the
municipalities in the respective States determined jointly by
the respective State water supply agencies. Each municipality
shall be responsible for applying for Federal and State
grants for distribution facilities to be located within the
municipal boundaries.
``(2) Municipalities are hereby authorized to raise and
appropriate revenue for the purpose of contributing pro rata
to the planning, design, and construction cost of public
water supply facilities constructed and operated as joint
facilities pursuant to this compact.
``(f) Contents of Agreements.--Agreements entered into
pursuant to this compact shall contain at least the
following:
``(1) A system of charges for users of the joint public
water supply facilities.
``(2) A uniform set of standards for users of the joint
public water supply facilities.
``(3) A provision for the pro rata sharing of operating and
maintenance costs based upon the ratio of actual usage as
measured by devices installed to gauge such usage with
reasonable accuracy.
``(4) A provision establishing a procedure for the
arbitration and resolution of disputes.
``(5) A provision establishing a procedure for the carriage
of liability insurance, if such insurance is necessary under
the laws of either State.
``(6) A provision establishing a procedure for the
modification of the agreement.
``(7) A provision establishing a procedure for the adoption
of regulations for the use, operation, and maintenance of the
public water supply facilities.
``(8) A provision setting forth the means by which the
municipality that does not own the joint public water supply
facility will pay the other municipality its share of the
maintenance and operating costs of said facility.
``(g) Applicability of State Laws.--Cooperative agreements
entered into by municipalities under this compact shall be
consistent with, and shall not supersede, the laws of the
State in which each municipality is located. Notwithstanding
any provision of this compact, actions taken by a
municipality pursuant to this compact, or pursuant to an
agreement entered into under this compact, including the
incurring of obligations or the raising and appropriating of
revenue, shall be valid only if taken in accordance with the
laws of the State in which such municipality is located.

``construction

``Nothing in this compact shall be construed to authorize
the establishment of interstate districts, authorities, or
any other new governmental or quasi-governmental entity.

``ARTICLE III

``effective date

``This compact shall become effective when ratified by the
States of Vermont and New Hampshire and approved by the
United States Congress.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

The right to alter, amend, or repeal this joint resolution
is hereby expressly reserved. The consent granted by this
joint resolution shall not be construed as impairing or in
any manner affecting any right or jurisdiction of the United
States in and over the region which forms the subject of the
compact.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes
thereof. If any part or application of this compact, or
legislation enabling the compact is held invalid, the
remainder of the compact or its application to other
situations or persons shall not be affected.

SEC. 4. INCONSISTENCY OF LANGUAGE.

The validity of this compact shall not be affected by any
insubstantial difference in its form or language as adopted
by the two States.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Gekas] and the gentleman from Rhode Island [Mr. Reed]
will each be recognized for 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].
Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
This is a very dramatic moment in the history of Vermont and New
Hampshire, and I am proud to take the floor to participate in this
historic time.
Mr. Speaker, as everyone knows or should know, the Constitution
itself provides for congressional approval of agreements reached
between two or more of the several States of the Union in matters that
if they were not approved by Congress could lead to conflict among
States involved in or near the problem that is solved. In this
particular case, there are certain water problems that cross boundaries
between Vermont and New Hampshire. Testimony to these problems and to
the way it was going to be solved has been amply provided by the
gentleman from Vermont [Mr. Sanders] and the gentleman from New
Hampshire [Mr. Bass].

{time} 1500

Testimony was received at our subcommittee hearing, and we were all
satisfied by unanimous vote that, indeed, the request for congressional
approval was well merited, and the subcommittee did grant its approval
as did the full committee when its time came.
Mr. Speaker, I reserve the balance of my time.
Mr. REED. Mr. Speaker, I yield myself such time as I may consume, and
I rise in support of the joint resolution.
Mr. Speaker, House Joint Resolution 129 would grant congressional
consent to an interstate compact between Vermont and New Hampshire.
Congressional approval is required before the towns involved can apply
for Federal funds to upgrade a joint water-treatment plant. The compact
will also permit future joint water-supply facilities of the New
Hampshire-Vermont border. Compacts between Vermont and New Hampshire
are not new. In fact, there is already one relating to sewer systems.
The towns are hoping to begin construction once the weather turns
warm enough to break ground, so I urge speedy passage of this
noncontroversial legislation.
Identical legislation has already been passed the Senate by voice
vote on December 18, 1995.
This measure was urged before the committee very eloquently by the
gentleman from Vermont [Mr. Sanders] and the gentleman from New
Hampshire [Mr. Bass], and I would hope that we would all join them in
supporting this very worthy measure.
Mr. REED. Mr. Speaker, I yield such time as he may consume to the
gentleman from Vermont [Mr. Sanders].
Mr. SANDERS. Mr. Speaker, I thank the gentleman for yielding me this
time.
I would like to begin by thanking the gentleman from Pennsylvania
[Mr. Gekas] and the chairman of the full Committee on the Judiciary,
the gentleman from Illinois [Mr. Hyde], for their assistance in
ensuring this joint resolution was passed by the Committee on the
Judiciary and placed on the Suspension Calendar in a timely manner. We
very much appreciate their willingness to move this matter along so
rapidly.
Mr. Speaker, passage of this legislation is very important to the
residents of Guildhall, VT. The Vermont-New Hampshire public water
supply compact is noncontroversial but it is essential. Passage will
allow Guildhall to pay its debt to New Hampshire and will allow the
village of Guildhall to update its water transmission lines and provide
adequate water services--including fire protection--to its residents.
Right now, only one fire hydrant serves the village of Guildhall, and
more are needed.
Mr. Speaker, Vermonters take pride in meeting their environmental
obligations and this will allow the town of Guildhall to meet
requirements under the Clean Water Act. And, if this bill passes under
suspension today, Guildhall can start upgrading its water transmission
lines and provide improved fire protection on schedule. I urge
immediate approval of this resolution.
Mr. REED. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend the gentleman from Vermont for his
very effective advocacy for his constituents, and also the gentleman
from New Hampshire [Mr. Bass] for his very effective advocacy.
Mr. Speaker, I yield back the balance of my time.
Mr. GEKAS. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Hampshire [Mr. Bass].
Mr. BASS. Mr. Speaker, I thank the gentleman for yielding me this
time.
I appreciate the opportunity to address the House on this very
important issue. It may not seem like a big issue to most involved, but
it certainly is critical to Northumberland, also known as Groveton, NH.
I am sure my distinguished colleague from Vermont has discussed why
this bill is so critical.
I would add at this present time the citizens of Guildhall, VT, the
town of Guildhall owes Groveton, NH, about $75,000 legitimately, and if
this legislation does not pass as soon as possible,

[[Page H2341]]

the property taxpayers of Northumberland or Groveton, NH, would be hit
with an unnecessary increase in their taxes for 1996.
So I appreciate and thank the distinguished subcommittee chairman for
moving this bill expeditiously. I am glad to have been able to work
with my colleague from Vermont. I hope we can move this bill as fast as
possible.
Mr. Speaker, first, I would like to thank Chairman Hyde for bringing
this legislation to the floor so quickly. While identical language
passed the Senate by voice vote on December 18, 1995, the passage of
House Joint Resolution 129 is a time-sensitive matter for the towns of
Northumberland, NH and Guildhall, VT.
The resolution that Mr. Sanders and I have introduced will ratify a
longstanding arrangement between these two towns. Northumberland, which
is commonly referred to as Groveton, has been supplying drinking water
to Guildhall in at least a limited sense for generations. This
relationship began with a handfull of Guildhall's residents receiving
drinking water and has progressed to the current situation in which a
6-inch water main supplies clean water to the entire town.
Guildhall currently owes Groveton $75,200 for the up-front costs of
constructing this water system. Unfortunately, the lack of a resolution
to ratify the current arrangement has prevented this payment. If this
payment is not made soon, the residents of Groveton will be forced to
include this cost in their tax assessments, which will be decided at
the town meeting this spring.
The resolution before the House today addresses a noncontroversial,
technical matter. House Joint Resolution 129 will simply allow the
payment to be made and the current water supply situation to be
legitimized. Therefore, I urge my colleagues to pass this resolution
today.

general leave

Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
House Joint Resolution 129, the joint resolution now being considered.
The SPEAKER pro tempore (Mr. Hutchinson). Is there objection to the
request of the gentleman from Pennsylvania?
There was no objection.
Mr. GEKAS. Mr. Speaker, I have no further requests time for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania [Mr. Gekas] that the House suspend the
rules and pass the joint resolution, House Joint Resolution 129.
The question was taken; and (two-thirds having voted in favor
thereof), the rules were suspended and the joint resolution was passed.
A motion to reconsider was laid on the table.
Mr. GEKAS. Mr. Speaker, I ask unanimous consent that the Committee on
the Judiciary be discharged from further consideration of the Senate
joint resolution (S.J. Res. 38) granting the consent of Congress to use
the Vermont-New Hampshire Interstate Public Water Supply Compact, and
ask for its immediate consideration.
The Clerk read the title of the Senate joint resolution.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
Mr. REED. Mr. Speaker, reserving the right to object, and I will not
object, but I yield to the gentleman from Pennsylvania [Mr. Gekas] for
an explanation of his request.
Mr. GEKAS. Mr. Speaker, I thank the gentleman for yielding to me.
Of course, this is simply to further expedite the expeditious way we
expedited the expedition of Vermont and New Hampshire, and that is to
allow the Senate resolution to take precedence at this juncture, thus
moving it directly to the President's desk for final enactment and
signing into law.
So it is identical. The House just passed it now. We are doing the
formality of having the Senate bill actually take precedence, and our
work has been satisfactorily accomplished.
Mr. REED. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The Clerk read the Senate joint resolution, as follows:

S.J. Res. 38

Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

The Congress consents to the Vermont-New Hampshire
Interstate Public Water Supply Compact entered into between
the States of Vermont and New Hampshire. The compact reads
substantially as follows:

``Vermont-New Hampshire Interstate Public Water Supply Compact

``ARTICLE I

``general provisions

``(a) Statement of Policy.--It is recognized that in
certain cases municipalities in Vermont and New Hampshire
may, in order to avoid duplication of cost and effort, and in
order to take advantage of economies of scale, find it
necessary or advisable to enter into agreements whereby joint
public water supply facilities are erected and maintained.
The States of Vermont and New Hampshire recognize the value
of and need for such agreements, and adopt this compact in
order to authorize their establishment.
``(b) Requirement of Congressional Approval.--This compact
shall not become effective until approved by the United
States Congress.
``(c) Definitions.--
``(1) The term `public water supply facilities' shall mean
publicly owned water supply sources, storage, treatment,
transmission and distribution facilities, and ancillary
facilities regardless of whether or not the same qualify for
Federal or State construction grants-in-aid.
``(2) The term `municipalities' shall mean cities, towns,
village districts, or other incorporated units of local
government possessing authority to construct, maintain, and
operate public water supply facilities and to raise revenue
therefore by bonding and taxation, which may legally impose
and collect user charges and impose and enforce regulatory
control upon users of public water supply facilities.
``(3) The term `water supply agency' shall mean the
agencies within Vermont and New Hampshire possessing
regulating authority over the construction, maintenance, and
operation of public water supply facilities and the
administration of grants-in-aid from their respective State
for the construction of such facilities.
``(4) The term `governing body' shall mean the legislative
body of the municipality, including, in the case of a town,
the selectmen or town meeting, and, in the case of a city,
the city counsel, or the board of mayor and aldermen or any
similar body in any community not inconsistent with the
intent of this definition.

``ARTICLE II

``procedures and conditions governing

intergovernmental agreements

``(a) Cooperative Agreements Authorized.--Any two or more
municipalities, one or more located in New Hampshire and one
or more located in Vermont, may enter into cooperative
agreements for the construction, maintenance, and operation
of public water supply facilities serving all the
municipalities who are parties thereto.
``(b) Approval of Agreements.--Any agreement entered into
under this compact shall, prior to becoming effective, be
approved by the water supply agency of each State, and shall
be in a form established jointly by said agencies of both
States.
``(c) Method of Adopting Agreements.--Agreements shall be
adopted by the governing body of each municipality in
accordance with statutory procedures for the adoption of
interlocal agreements between municipalities within each
State; provided, that before a Vermont municipality may enter
into such agreement, the proposed agreement shall be approved
by the voters.
``(d) Review and Approval of Plans.--The water supply
agency of the State in which any part of a public water
supply facility which is proposed under an agreement pursuant
to this compact is proposed to be or is located, is hereby
authorized and required, to the extent such authority exists
under its State law, to review and approve or disapprove all
reports, designs, plans, and other engineering documents
required to apply for Federal grants-in-aid or grants-in-aid
from said agency's State, and to supervise and regulate the
planning, design, construction, maintenance, and operation of
said part of the facility.
``(e) Federal Grants and Financing.--(1) Application for
Federal grants-in-aid for the planning, design, and
construction of public water supply facilities other than
distribution facilities shall be made jointly by the agreeing
municipalities, with the amount of the grant attributable to
each State's allotment to be based upon the relative total
capacity reserves allocated to the municipalities in the
respective States determined jointly by the respective State
water supply agencies. Each municipality shall be responsible
for applying for Federal and State grants for distribution
facilities to be located within the municipal boundaries.
``(2) Municipalities are hereby authorized to raise and
appropriate revenue for the purpose of contributing pro rata
to the planning, design, and construction cost of public
water supply facilities constructed and operated as joint
facilities pursuant to this compact.
``(f) Contents of Agreements.--Agreements entered into
pursuant to this compact shall contain at least the
following:
``(1) A system of charges for users of the joint public
water supply facilities.

[[Page H2342]]

``(2) A uniform set of standards for users of the joint
public water supply facilities.
``(3) A provision for the pro rata sharing of operating and
maintenance costs based upon the ratio of actual usage as
measured by devices installed to gauge such usage with
reasonable accuracy.
``(4) A provision establishing a procedure for the
arbitration and resolution of disputes.
``(5) A provision establishing a procedure for the carriage
of liability insurance, if such insurance is necessary under
the laws of either State.
``(6) A provision establishing a procedure for the
modification of the agreement.
``(7) A provision establishing a procedure for the adoption
of regulations for the use, operation, and maintenance of the
public water supply facilities.
``(8) A provision setting forth the means by which the
municipality that does not own the joint public water supply
facility will pay the other municipality its share of the
maintenance and operating costs of said facility.
``(g) Applicability of State Laws.--Cooperative agreements
entered into by municipalities under this compact shall be
consistent with, and shall not supersede, the laws of the
State in which each municipality is located. Notwithstanding
any provision of this compact, actions taken by a
municipality pursuant to this compact, or pursuant to an
agreement entered into under this compact, including the
incurring of obligations or the raising and appropriating of
revenue, shall be valid only if taken in accordance with the
laws of the State in which such municipality is located.

``CONSTRUCTION

``Nothing in this compact shall be construed to authorize
the establishment of interstate districts, authorities, or
any other new governmental or quasi-governmental entity.

``ARTICLE III

``EFFECTIVE DATE

``This compact shall become effective when ratified by the
States of Vermont and New Hampshire and approved by the
United States Congress.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

SEC. 3. CONSTRUCTION AND SEVERABILITY.

It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes
thereof. If any part on application of this compact, or
legislation enabling the compact, is held invalid, the
remainder of the compact or its application to other
situations or persons shall not be affected.

SEC. 4. INCONSISTENCY OF LANGUAGE.

The validity of this compact shall not be affected by any
insubstantial difference in its form or language as adopted
by the two States.

The Senate joint resolution was ordered to be read a third time, was
read the third time, and passed, and a motion to reconsider was laid on
the table.
A similar House joint resolution (H.J. Res. 129) was laid on the
table.

____________________