6,250 subscribers www.TML1.org Volume 65, Number 17 Nov. 10, 2014 GOP rocks the vote! Republicans win big in Tennessee, across the nation BY CAROLE GRAVES not only held onto their majority TML Communications Director but picked up more than a dozen seats and will likely have roughly Not that there was any doubt that 250 House seats for the first time Tennessee is a red state, Republicans since before the Great Depression, continued to prove their strong hold depending on how some of the “too- here, claiming significant victories in close-to-call races” shake out. key races across the state. All of Tennessee’s Congressio- Gov. Bill Haslam was easily nal delegation were re-elected for re-elected to his second term in a another term: District 1: Phil Roe landslide victory, winning more than (5th term); District 2: Jimmy Dun- 70 percent of the votes over Demo- can (13th term ); District 3: Chuck cratic nominee Charlie Brown. Fleischmann (3rd term); District 4: In his victory speech, Haslam Scott DesJarlais (3rd term); District said he’s going to “double down on 5: Jim Cooper (7th term); District 6: the progress that Tennessee is mak- Diane Black (3rd term); District 7: ing,” particularly in education. Marsha Blackburn (7th term); District “We’ve moved too far in terms 8: Stephen Fincher (3rd term); and of real progress in education,” he District 9: Steve Cohen (5th term). said. “We want to have Tennessee The closest race was expected to be a different place for educational have been in U.S. House District 4. outcomes for our children.” But DesJarlais, a Republican, proved Also winning big was U.S. Sen. he has staying power and easily won Lamar Alexander, who beat back over Democrat Lenda Sherrell with Photo by Paul Efird, Knoxville News Sentinel, Democratic challenger Gordon Ball 58 percent of the vote. U.S. Sen. Lamar Alexander, left, Gov. Bill Haslam, and U.S. Congressman John J. Duncan Jr., share the to win his third term to the U.S. In the Tennessee General As- stage during a get-out-the vote rally held in Knoxville before the Nov. 4 election. All three handedly won Senate. Alexander won the election sembly, all 99 members of the House their re-election bids. by a two-to-one margin, capturing 62 and 17 of 33 Senate seats were up for amendments met this requirement. percent of the votes. election this year. Headed into the The new language will appear in the He will join 53, possibly 54 Nov. 4 election, Republicans already constitution once the election results Citizens overwhelmingly vote fellow Republican senators in the held significant majorities in both are certified. 115th Congress. With Republicans chambers. In the Senate, seven seats Amendment 1: Abortion Regulation for wine in grocery stores now in control of the Senate, both were in play, and six in the House. Yes 728,564 votes 53% Tennessee senators – Alexander and Republicans won two of the open No 656,306 votes 47% Sen. Bob Corker – are poised for key Senate seats, giving them a 28-33 Amendment 2: Judicial Selection leadership positions. Alexander is set majority. The GOP picked up another Yes 831,341 votes 61% to become chairman of the Health, three seats in House giving them a No 533,393 votes 39% Education, Labor and Pensions, or 73-26 advantage. Amendment 3: Income Tax Ban HELP, committee and Corker is Also on the state level, all four Yes 882,046 votes 66% in line to become chairman of the of the constitutional amendments No 449,979 votes 34% Senate Foreign Relations commit- passed. In order for the amendment Amendment 4 Lottery-Veterans tee. Both senators are currently the to pass, it not only has to win the Yes 902,468 votes 70% ranking GOP members on those “yes” vote, but it must capture 50 No 394,241 votes 30% committees. percent, plus 1 of the votes cast See Pages 6 & 7 for more In the U.S. House, Republicans in the governor’s race. All four 2014 Election Results Potential impact for cities with EPA proposed rule on “waters of the U.S.” BY DUSTIN MILLER Director of Government Affairs The wine in retail food stores Alcoa, Ashland City, Arlington, Iowa Municipal League referendum passed everywhere it Athens, Atoka, Bartlett, Brentwood, appeared on the ballot. Burns, Bristol,Chattanooga, Church Legislation passed by the Ten- Hill, Clarksville, Cleveland, Clinton, The Environmental Protection nessee General Assembly in March Collegedale, Collierville, Cookev- Agency (EPA) released a proposed of this year was a compromise be- ille, Coopertown, Covington, Cross- rule on April 21, to change the Clean tween retail food stores and liquor ville, Dyersburg, East Ridge,Eliza- Water Act (CWA) definition of “Wa- stores. Many liquor stores across the bethton, Etowah, Farragut, Fairview, ters of the United States” to outline state began selling beer and party Franklin, Gallatin, Gatlinburg, EPA’s jurisdiction over individual supplies on July 1 of this year as Germantown, Greeneville, Good- water bodies to determine permitting allowed by the new law. lettsville, Harriman, Hendersonville, and other CWA requirements. The wine in retail food stores Jackson, Johnson City, Jonesbor- The rule is open for public com- referendum appeared on the ballot in ough, Kingston, Kingsport, Knox- ment until Nov. 14, 2014 and you 78 qualifying municipalities across ville, Lakesite, Lebanon, Lenoir can submit comments via email to Tennessee. Petitions were filed in City, Loudon, Manchester, Martin, [email protected] but make sure those communities this summer and Maryville, McKenzie Memphis, to include Docket ID No. EPA-HQ- were certified by the local election Millington, Monteagle, Morristown, OW-2011-0880 in the subject line of commissions to authorize the refer- Mount Juliet, Mount Pleasant, Mun- the message. endum. In the 78 communities where ford, Murfreesboro, Metro Nash- What Does the Rule Do? the wine referendum passed, most ville, Newport, Norris, Oak Ridge, The proposed rule makes chang- retail food stores will be able to sell Oakland, Paris, Pigeon Forge, Pleas- es to further define the EPA’s jurisdic- wine beginning July 1, 2016. ant View, Red Bank, Rogersville, tion over certain bodies of water and Following is a complete list of Savannah, Sevierville, Shelbyville, focuses on stream systems, waters the 78 municipalities where the wine Signal Mountain, Smyrna, Spring that are “adjacent” to other waters plementation of CWA programs and for Iowa cities and the proposed rule in retail food stores referendum was Hill, Thompson’s Station, Tullaho- and “other waters” that would have to not through the definition change has the potential to impact collection passed. ma, Union City, and White House. meet a “significant nexus” threshold of “Waters of the U.S.” The pro- of stormwater and permitting for in order to be considered jurisdic- jected costs anticipated by EPA and construction of these systems. The tional. the ACE come from landowners, additional annual cost for stormwa- Why Does the “Waters of the U.S.” developers and local governments ter permits is estimated to be between Thank You for Our Freedom Rule Matter to Cities? developing infrastructure. $25.6 - $31.9 million nationwide, This definition applies to all Section 404 Dredge and Fill but more importantly the proposed CWA programs that have implica- Permits – Agricultural groups have rule’s language is not clear about tions for local governments including voiced some of the strongest oppo- whether ditches/conveyances from Section 303 Water Quality Standards, sition to the definition change due a construction site would be con- Section 402 National Pollutant Dis- mainly to Section 404 likely seeing sidered jurisdictional. The EPA did charge Elimination System (NPDES) the greatest impact of the definition not intend to regulate stormwater so discharge permits and Section 404 change. Developers would poten- some further clarification would be dredge and fill permits. tially see indirect costs for permit helpful for cities to understand the The EPA and the Army Corps of applications, wetlands and stream rule’s impact in this area. Engineers (ACE) have specified that mitigation and project redesign or National level local government the rule does not add any new water delay. These costs would be passed groups, like the National League of not already covered by the CWA, but on to the consumer and would impact Cities’ and the National Association their assessment estimates that the “greenfield” development rather of Counties, have raised concerns new rule will increase jurisdiction than urban core redevelopment. If about the lack of clarity in the rule by approximately 3 percent above more waters are brought under the related to MS4 conveyances. It is Nov. 11 Veterans Day today’s practices. This anticipated jurisdiction of the EPA, then devel- not clear if implementation of best increase raises the question of what opers would need to comply with 404 management practices and routine Veterans Day originated as “Armistice Day” on Nov. 11, 1919, “other waters” could potentially be permitting procedures. The estimate improvements could trigger permit- the first anniversary marking the end of World War I. Congress found under the EPA and ACE juris- put out by EPA and the ACE show ting under Section 404, potentially passed a resolution in 1926 for an annual observance, and Nov. diction. The economic analysis put additional permit costs between raising further costs. This similar 11 became a national holiday beginning in 1938. President Dwight out by EPA and the ACE estimates $19.8-$52.9 million nationally and concern relates to green infrastruc- D. Eisenhower signed legislation in 1954 to change the name to that approximately 21-25 percent additional wetland and stream mit- ture projects implemented to react Veterans Day as a way to honor those who served in all American of all “other waters” could be found igations costs to be $59.7-$113.5 to stormwater compliance issues.