2021 IBWA Advocacy Action Plan Federal Government - cloudfront.net
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2021 IBWA Advocacy Action Plan
Federal Government
Political and Policy Outlook—2021
Based on election information available as of Nov. 10, 2020
White House: President Joe Biden and Vice President Kamala Harris1
President-Elect Biden has indicated that his top priority within the first 100 days of being in office
will be to quickly address the ongoing pandemic. This includes selecting and seeking confirmation
of top cabinet officials, including the Department of Health and Human Services (HHS),
Department of Treasury, and a Director of the National Economic Council.
While addressing the pandemic is a top priority, the new Administration will also engage in other
top Democratic policy priorities, including infrastructure, environmental, economic, and regulatory
issues. This could include issues impacting the bottled water industry, especially on the
environmental front. The 2011 policy allowing national parks to ban the sale of bottled water
could once again be adopted, as well as other policy memoranda or Executive Orders focusing on
climate change, which could include limiting the sale of single serve items in plastic packaging.
Senate: The President’s agenda may be aggressive, but if the Senate remains in GOP control, there
will be little he will be able to implement on his own without the support of both the House and
Senate. With races in North Carolina and Alaska trending toward the Republican candidates, it is
highly likely that Republicans will have at least 50 members in the Senate. But, both Senate races
in Georgia will be determined in a special election on January 5, and control of the Senate will not
be determined until that time.
If the GOP wins one of both of these races, it is expected that the Senate will act as a stopgap
between the House of Representatives and the newly elected President. If Democrats win both
races, Vice President Kamala Harris will be the tiebreaking vote in the Senate, giving Democrats an
advantage; however, an evenly split Senate will require a bipartisan approach to enact legislation
and advance the Administration’s agenda.
House of Representatives: Republicans will pick up seats in the House, but chances are high that
Democrats will retain control. It is expected that due to close party margins in the Senate, the
House will be the policymaking arm of the Democratic party in Congress. They will be aggressive in
seeking to pass legislation that matches the Biden Administration agenda, although the smaller
majority in the 117th Congress may lead to some moderation.
1
The Associated Press called the Presidential race for Joe Biden on Saturday, Nov. 7. IBWA has put together this plan
with the best available information to date. Changes may occur in the coming weeks that will require IBWA to change
the political and policy outlook, and the AAP overall.
1Resources Available in 2021
Van Ness Feldman – IBWA lobbyists
Voter Voice – Grassroots and communications service
Fiscal Note – Legislative and regulatory tracking
IBWA Tier One Issues
Adding Water to the MyPlate Nutrition Graphic
Summary: Water is not found on the MyPlate nutrition graphic, although it is a beverage that is
critical to our health. IBWA has been working with the Advisory Committee to the U.S.
Department of Agriculture (USDA) and the Department of Health and Human Services (HHS)
regarding the 2020 Dietary Guidelines for Americans to encourage the promotion of drinking
water in the next iteration of the guidelines. Once these guidelines are released, USDA and HHS
will work together to promote the precepts within the guidelines and consider updates to the
MyPlate graphic. This includes the addition of a water icon on the MyPlate graphic, in addition
to dairy.
IBWA led efforts to have almost 70 Members of Congress co-sign on to a December 2019 letter
to USDA and HHS supporting the inclusion of a water icon on the MyPlate graphic.
It is expected that the guidelines will be released before the end of 2020, and any promotional
materials needed to reflect the 2020 guidelines will be released in 2021.
Member Action: Outreach to Members of Congress if an additional letter is needed; meeting
with USDA and HHS to encourage the inclusion of water on the MyPlate graphic.
IBWA Action: IBWA will work with supporting Members of Congress to reengage on this issue
in the 117th Congress, including a potential letter to USDA and HHS reaffirming congressional
interest on this issue. IBWA will also continue to meet with USDA and HHS to advocate for the
need to include water on MyPlate.
Potential Allies: Academy of Nutrition and Dietetics, American Heart Association.
Opposition: Dairy industry (if seen as competing with milk/dairy on the MyPlate graphic).
2Ban on the Sale of Bottled Water in National Parks
Summary: In each of the past two Congresses, Representative Mike Quigley (D-IL) introduced
the Reducing Waste in National Parks Act that would reimpose a policy allowing national parks
to ban the sale of bottled water. Last year, IBWA President and CEO Joe Doss testified at a
Congressional hearing on the bill and argued that the policy bans the sale of the healthiest and
arguably the most environmentally friendly packaged beverage. It is expected that this bill will
again be reintroduced with potential hearings to follow.
It is also expected that supporters of the policy will urge the new Biden Administration to
reimpose the policy, and they will likely oblige. Should this happen, reversing this policy will be
challenging with a divided Congress. IBWA would look to work with the Senate to include
language in an appropriations bill to force the National Park Service to remove the ban,
although this strategy is a long shot as it would have to also be approved by the Democratically
led House of Representatives.
Member Action: IBWA grassroots outreach; key issue in Hill or virtual visits.
IBWA Action: IBWA will meet with Members of the House Natural Resources Committee and
Senate Committee on Energy and Natural Resources to share positive messaging on this issue
and encourage opposition to the bill or policy.
Potential Allies: Center for Science in the Public Interest; Citizens Against Government Waste;
National Drinking Water Alliance
Opposition: League of Conservation Voters; Surfrider Foundation.
Extended Producer Responsibility
Summary: The Break Free From Plastic Pollution Act was introduced in the 116th Congress. This
bill:
• Mandates that bottlers must to become a part of and fund a Producer Responsibility
Organization (Organization) that will be tasked with collecting all products entering
commerce within the region where the Organization has jurisdiction; and cover all
required costs to operate the Organization. These mandates would be effective
February 1, 2023.
• Creates a national bottle deposit program, where the refund shall not be less than 10
cents per bottle. States are allowed to increase the refund amount depending on
inflation rates and other factors, including meeting the redemption rate goal.
• Imposes recycled content usage rates, starting with a 25 percent mandate by 2025; a 30
percent mandate by 2030; a 50 percent mandate by 2035; and an 80 percent mandate
by 2040. It also allows the EPA Administrator to set additional mandates as determined
to be appropriate.
3Separate bills were introduced in the House and Senate, each gaining only Democratic
cosponsors. It is expected that the House and Senate will again reintroduce this legislation,
although a GOP controlled Senate may not move the bill forward, preventing its passage in the
117th Congress.
Member Action: Work with IBWA to formalize its position; key issue in Hill or virtual visits.
IBWA Action: IBWA will seek to formalize its position and work with Members of Congress on
potential legislation. IBWA will submit a letter to the lead sponsors of the bills in the 117th
Congress to inform them of our position and desire to work with them to inform the substance
of the bill (i.e., have a seat at the table).
Potential Allies: The Recycling Partnership; American Beverage Association; AmeriPen; Plastics
Industry Association.
Opposition: Environmental NGOs support EPR but may not support IBWA’s final position. It
may be that the bottled water industry can support some aspects of EPR but not what
environmental NGOs prefer.
Extraction Tax on Bottled Water
Summary: Representative Debbie Wasserman-Schultz (D-FL) introduced the Save our Springs
Act (H.R. 6185) in the second half of the 116th Congress. This bill would impose a .06 cents per
gallon excise tax on all water drawn from springs or other groundwater sources with the intent
to be sold in bottled water. While the bill only garnered one cosponsor last year, the impact of
COVID-19 dramatically slowed its progress through the House of Representatives. The bill was
introduced after a Congressional investigation into bottled water industry practices was
launched, and it was expected that this bill would have been pushed as a solution to the
findings of the investigation.
It may also be that Members of Congress introduce a bill that would impose restrictions on the
use of groundwater sources for bottling purposes. While no such bill was introduced in the
116th Congress, Washington State introduced a bill that would prevent bottlers from using
spring sources, and it may be that this concept moves from the state level to Congress.
Member Action: IBWA grassroots outreach; key issue in Hill or virtual visits; outreach to local
water district or elected officials to educate them on the industry’s water use and overall
economic impact to the region.
4IBWA Action: IBWA will meet with members of the House Energy and Commerce and Ways and
Means committees to share positive messaging on this issue regarding the industry’s leadership
on environmental issues and data on actual water use when compared to other industries.
These meetings will take place in Q1 and Q2 of 2021.
Potential Allies: Water districts; local officials where plants are located.
Opposition: Environmental Working Group; Surfrider Foundation, Sierra Club.
Perfluorinated Compounds in Bottled Water
Summary: Senator Blumenthal’s (D-CT) staff reached out to IBWA staff to consider potential
legislation mandating that the U.S. Food and Drug Administration (FDA) set limits on
perfluorinated (PFAS) compounds in bottled water. The impact of COVID-19 slowed these
discussions and Congressional interest in this issue, but that may change in the 117th Congress.
PFAS standards continue to be a concern for the industry. One approach would be to work with
Senator Blumenthal and a Republican sponsor to introduce a bill that would require the FDA set
a Standard of Quality (SOQ) for perfluorinated chemicals in bottled water.
It may also be that under a Biden Administration, FDA may be more willing to establish an SOQ
for bottled water without the Environmental Protection Agency first setting a standard for
drinking water. To date, FDA has indicated that it will only take action on this issue if EPA first
acts.
Should FDA issue a regulation regarding an SOQ for PFAS in bottled water, it will preempt state
standards that have been issued or may be issued in 2021. This is critical to industry
compliance.
Member Action: If a bill can be introduced - IBWA grassroots outreach; key issue in Hill or
virtual visits; individual member outreach
IBWA Action: IBWA will reestablish discussions with Senator Blumenthal to gauge interest in
pursuing a bill and work to find a Republican Senator to serve as a lead sponsor. Once the bill is
introduced, IBWA will work with the committee of jurisdiction (most likely Senate Health,
Education, Labor and Pensions Committee as it has oversight of FDA) to gain support.
IBWA will also reconnect with new FDA staff to discuss the issue and encourage the
establishment of an SOQ for bottled water prior to EPA action.
Potential Allies: Environmental Working Group; Coke
Opposition: Manufacturing industry responsible for perfluorinated compounds being
introduced into groundwater sources.
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