ASCE Government Relations

This weekly report is sent by the American Society of Civil Engineers Government Relations Staff. If you have questions or comments about any items in this report, please contact (202) 789-7850 or please email govwash@asce.org

 
06/15/07

ASCE Urges House Panel To Pass Transportation, Water Security Bill
FY 2008 Appropriations Update
Senators Collins and Coleman Support Repeal of Withholding Requirement
U.S. DOT Announces Semi-Finalists for Gridlock Grants
2008 Issues Survey Ready for Your Input
State Legislative Update
 
ASCE Urges House Panel To Pass Transportation, Water Security Bill

Congress should enact legislation that would improve energy efficiency, protect water resources, and provide funds for important transportation programs, ASCE said in a letter to the House Transportation and Infrastructure Committee this week.

The committee was considering the Transportation Energy Security and Climate Change Mitigation Act drafted by Rep. James Oberstar (D-MN), chair of the committee.

The bill would establish a “21st Century Water Commission” whose aim would be to direct federal efforts toward understanding the impacts of climate change on U.S. water resources, preventing the unwise use of floodplains, and avoiding the destruction of wetlands. It would improve public transportation by establishing a system of federal grants to improve public transportation services and allowing repairs, restoration, and capacity improvements to commuter rail services to be counted as capital costs rather than as expenses.

ASCE supported portions of the bill that would create a Center for Climate Change and Environment in the Department of Transportation; provide capital grants to rehabilitate railroad track; establish requirements for energy efficiency in public buildings and strengthen the use of life-cycle cost analyses; establish a federal program for water resources management and preparedness, including a study of hydropower as a means to reducing the use of fossil fuels; and require FEMA to study the potential for climate change to affect natural disaster preparedness.

ASCE questioned two provisions that would increase the federal cost share for urban area formula grants for public transportation and the federal cost share for congestion mitigation and air quality improvement programs. "ASCE believes that the states need to share in the cost of these important programs to ensure their continued support for vital infrastructure and environmental programs," the Society's letter said.
 

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FY 2008 Appropriations Update

The appropriations season is in full swing on Capitol Hill! Amid bickering between the two parties over how to disclose earmarks, the new Democratic leadership is set to approve spending bills for FY 2008 that exceed the president’s budget request, setting up a potential veto showdown later this year. In the meantime, This Week in Washington aims to keep you informed on how civil engineering priorities fare throughout the process.

Subcommittee Approves Transportation Funding Bill

The House Transportation Appropriations Subcommittee this week approved an FY 2008 spending bill that would provide $40.2 billion for highway construction and $9.7 billion for transit, fully funding both programs according to SAFETEA-LU guarantees passed in 2005. These figures represent increases of $600 million and $300 million, respectively, over the president’s budget request.

In addition, the bill provides $1.4 billion for Amtrak, a $100 million increase over FY 2007 funding and a $600 million increase over the president’s budget request. The Airport Improvement Program (AIP) would receive an increase of $85.5 million over FY 2007.

The legislation now moves to the full House Appropriations Committee for consideration.

Subcommittee Approves Commerce-Justice-Science Funding Bill

The House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies completed work late on June 12th on funding for the Department of Commerce, Justice Department, the National Science Foundation and related agencies.

For the National Science Foundation, the funding total is $6.509 billion, an increase of $80 million over the President's request, or 1.2%, and $593.4 million, or 10% over the FY 2007 Continuing Resolution. Among specific spending areas:

• The Research and Related Activities account receives $5,139.7 billion, an increase of $8 million over the request, or .2%, and 7.9% over the FY '07 Continuing Resolution when adjusted for the EPSCoR move into the account. The $8 million is specified for EPSCoR.
• The Education and Human Resources account receives $822.6 million, an increase of $72 million over the request, or 9.6%, and $124.6 million over the FY '07 Continuing Resolution, or 17.9% -- again with both cases being adjusted for the move of EPSCoR out of EHR and into R&RA.
• The Major Research Equipment and Facilities Construction account is funded at the requested level of $244.7 million, which is $53.9 million, or 28.2% above the FY '07 Continuing Resolution.
• The Agency Operations and Award Management account is funded at the requested level of $285.6 million, which is $38.8 million, or 15.7% above the FY '07 Continuing Resolution.

Within the Department of Commerce:
• Just over $4 billion for the National Oceanic and Atmospheric Administration (NOAA)
• $500 million for the National Institute of Standards and Technology (NIST) – an increase of $137 million over the President’s request.

The full Appropriations Committee is scheduled to mark-up the legislation on the June 18th. More details about this funding measure will be available next week following the full committee mark-up.

Full House Committee Approves DHS Bill

As approved by the House Appropriations Committee, the spending bill for the Department of Homeland Security (H.R. 2638) appropriates $37.4 billion for FY 2008, an increase of $2.1 billion of the final FY 2007 spend level. Among specific appropriations, the bill allocates $7.1 billion for the Federal Emergency Management Agency (FEMA), a 20% increase over FY 2007, including:

• $3.1 billion for FEMA grants, equipment and training programs for states;
• $1.7 billion for the FEMA Disaster Relief & Prevention Programs, including $145 million for the National Flood Insurance Fund, $99 million for flood hazard mitigation, $230 million for flood map modernization, $120 million for Pre-Disaster Hazard Mitigation Grants; and
• $1 billion for the National Protection and Programs Directorate, including $533 million for Infrastructure Protection and Information Security.

Republicans have used parliamentary maneuvers to delay consideration of the measure out of protest against the Democratic leadership’s decision to not list earmarks in committee-reported spending measures, including the DHS legislation. Democrats have stated that earmarks will be posted shortly.

Full funding amounts can be found at: http://thomas.loc.gov/home/approp/app08.html

Senate Subcommittee Approves DHS Bill

Senate Appropriations Subcommittee on Homeland Security on June 14th approved a measure that allocates $37.6 billion for such priorities as border, aviation and port security activities as well as first-responder training and emergency communications programs. It also heightens Congressional oversight on a range of homeland security programs.

The bill provides $1 billion for border fencing and infrastructure investment, as well as funding for 3,000 additional border patrol agents and $146 million for 4,000 additional detention beds. It provides $400 million for port security grants authorized by the 2006 SAFE Port Act; $529.4 million for airport explosive detection devices; and $1.83 billion beyond the president's budget request for emergency first responder grants and training efforts. Next in the process the full Committee will consider the legislation.
 

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Senators Collins and Coleman Support Repeal of Withholding Requirement

Senators Susan Collins (R-ME) and Norm Coleman (R-MN) have joined the chorus of critics to the 3 percent withholding provision enacted as part of the Tax Increase Prevention and Reconciliation Act of 2005. The measure would require the tax withholding of 3 percent of all local, state and federal contracts.

In a June 12th letter to the Senate Finance Committee, the two Senators state that the requirement will place an undue burden on many contractors. ASCE is working with other engineering and business organizations seeking repeal of the measure.
 

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U.S. DOT Announces Semi-Finalists for Gridlock Grants

The U.S. Department of Transportation this week announced semi-finalists for the distribution of grants to several of the most congested urban areas to help alleviate traffic gridlock.

Proposals from Atlanta, Dallas, Denver, Minneapolis-St. Paul, Miami, New York City, San Diego, San Francisco, and Seattle will be considered for grants through the Department’s Urban Partnership program which encourages innovative solutions to traffic problems. Winners will be announced by mid-August.

The nine semi-finalist cities represent one-third of all highway congestion recorded among the nation’s 85 largest cities, and handle about 20 percent of all vehicle travel in the United States.
 

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2008 Issues Survey Ready for Your Input

Key Contacts are asked to complete the 2008 Issues Survey to help determine the Society’s public policy priorities for the coming year. Visit http://www.asce.org/govrel and click on the link at the top of the page.

The results will be compiled and presented to the Committee on Government Affairs and the Board of Direction to approve ASCE’s priority issues for 2008. To view the 2007 priorities, visit http://www.asce.org/govrel and click on ‘Policies & Priorities’.
 

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State Legislative Update

If you are concerned about any of the following issues or bills, or would like more information on legislative activity of interest to civil engineers in your state, please contact ASCE's Government Relations Department at 202-789-7850 or by email at govwash@asce.org

As always, you can get updates on legislative issues concerning your state by visiting ASCE's online advocacy site at http://www.asce.org/advocacy.html. Click ‘LOGIN NOW’ at the top of the page and then enter your ASCE member number as the Username and your last name as the Password to login. Then click on the “Write State Legislators” tab at the top of the page to view legislative issues active in your state.

ALABAMA
Gov. Bob Riley exercised a little-used power in the state constitution and rejected a million-dollar spending item that lawmakers put in the state operating budget for the year starting Oct. 1. Riley on Thursday signed that budget, which lawmakers passed last week, into law. For the first time in the memory of veteran legislative officials, Riley used a line-item veto to delete language that would have given $1 million from the Alabama Department of Economic and Community Affairs to the Tuscaloosa County Commission for road work. The $1 million remains in ADECA's budget but isn't earmarked for Tuscaloosa County. The House of Representatives could have voted to override Riley's line-item veto and reinstate the $1 million for Tuscaloosa County. However House members refused to stop delaying tactics by many Republicans, and the House never voted to override Riley. So the budget passed into law without the language reserving the $1 million for Tuscaloosa County. Birmingham News 6/8

CALIFORNIA
Regional airport officials yesterday approved a $145 million operations budget that includes more money to help map out improvements at Lindbergh Field...It includes additional funds to flesh out plans for major changes at Lindbergh for the next decade or more, including $243,300 to expand the agency's planning staff...Among the ideas are adding at least 10 terminal gates, building a five-level parking garage and relocating the major car-rental companies from Harbor Drive to the northeast corner of the airport...The authority board also improved a five-year, $335 million capital improvement budget that includes $7 million to demolish the old Teledyne Ryan site southeast of the runway. San Diego Union-Tribune 6/8

Placer County transportation officials, worried that state and federal funding sources could dry up, announced Tuesday they will ask elected officials to place a sales tax hike on the November 2008 ballot to fund projects that would ease traffic congestion...The half-cent boost would hike Placer's sales tax to 7.75 percent, the same as Sacramento County's, and generate an estimated $1.25 billion over 30 years...In proposing the new tax, the Placer County Transportation Planning Agency identified roughly $3.7 billion in transportation needs in the fast-growing county, including a $95 million widening of Highway 65 to six lanes, a $585 million road connecting Highway 65 with highways 70 and 99, $350 million to $400 million in interchange improvements and diamond lane extensions on Interstate 80 east of Highway 65...The tax hike would require two-thirds voter approval -- a challenge in the conservative, suburban county. Sacramento Bee 6/13

After a decade of planning and an estimated $40 million spent, California's dream of 2 1/2-hour rail trips between San Francisco and Los Angeles is stalled at the station this month -- and some say may never come true -- as Gov. Arnold Schwarzenegger and legislators tussle over funding. Schwarzenegger turned the project planning on its ear last month by proposing a minimalist $5.2 million budget next year for the High Speed Rail Authority. High-speed rail officials had asked for $103 million to do detailed engineering work and start buying land for the rail right of way. Assembly and Senate leaders are negotiating a compromise budget they intend to present to the governor. The Assembly proposes $50 million; the Senate suggests $40 million. Schwarzenegger budget officials say the administration is holding firm and believes the governor's proposal will merely slow the state's pursuit of bullet trains while broader-priority budget problems get resolved. Adding to the consternation among rail advocates, Schwarzenegger also is calling on the Legislature to postpone next year's planned $10 billion high-speed rail bond measure. Rail proponents view that measure -- already postponed from 2006 -- as a pivotal step toward making bullet trains a reality here. Instead, Schwarzenegger says he wants the High Speed Rail Authority to first win commitments from private investors for roughly $10 billion of the total expected $40 billion bullet train cost. Sacramento Bee 6/14

DELAWARE
Keeping the aging Delaware Memorial Bridge in good repair is going to take two toll hikes in the next three years, officials say. The Delaware River & Bay Authority has drawn up three proposals for toll increases to pay for bridge and ferry improvements officials say are required in the next three years. The various options would bump up passenger car and discount rates by as much as 50 cents, and commercial rates by as much as $1, starting in January 2008. The passenger toll is currently $3 and charged one way. Another toll increase, expected in 2010, would pay for more than $300 million in future projects, such as replacing the deck on the aging Delaware Memorial Bridge, which, officials say, already has outlived its life expectancy of 40 or so years. The first of the bridge's twin spans was opened in 1951 and carries about 17.6 million vehicles a year. The authority says it needs an additional $11 million a year in revenue for the next three years to fund about $85 million in capital improvement projects. Tolls at the bridge generated about $73 million last year. The authority, which is entirely funded through user fees, brought in about $102 million in revenues last year. The last time bridge tolls were raised was in 2000, from $2 per car and $2.50 per commercial vehicle axle. Delaware News-Journal 6/8

LOUISIANA
The House on Tuesday overwhelmingly endorsed a plan to put an extra $448 million a year into state road, bridge and ports projects. The House voted 103-0 for legislation that would dedicate sales taxes on vehicle purchase and vehicle registration taxes on trucks and trailers to transportation improvements. House Bill 722 now moves to the Senate, where its top money committee killed similar legislation earlier in the legislative session. Gov. Kathleen Blanco has been cool to the idea because it diverts funds now used elsewhere in the state budget. HB 722 sponsor Rep. Roy Quezaire, D-Donaldsonville, said the legislation would provide the state with needed cash for a roads program that has a $14 billion project backlog. The current funding stream is far from adequate, he said. Under the House-passed bill, the extra cash would not start flowing into the programs until July 1, 2008, and only last until July 1, 2010, unless it is renewed. The Advocate 6/13

MAINE
Voters overwhelmingly approved $131 million in state borrowing Tuesday in an election with no statewide primaries and low voter turnout. With 82 percent of Maine's 627 precincts reporting at press time, bonds for transportation and water projects were winning by comfortable margins. The first question proposed borrowing $113 million for transportation projects. It was winning with 72 percent of the vote. The second question proposed borrowing about $18.3 million for water and sewer projects. It was winning with 65 percent of the vote. The two questions were the only statewide issues on Tuesday's ballots. Gov. John Baldacci and business officials supported the transportation bond, saying the money would help repair dilapidated roads and create jobs. State transportation officials said increased material costs meant $200 million in projects went undone over the past two years. Water bond supporters said the money will help towns and cities repair aging wastewater facilities. About 88 percent of the $113 million bond will be used for highway and bridge projects. The rest will go toward mass transit and harbor projects, and about $500,000 will fund bike and pedestrian trails. Tuesday was the first of three elections to include proposals from the package. Voters will decide on another $134 million worth of bonds in November and another $29.7 million for transportation projects next year. Portland Press-Herald 6/13

MINNESOTA
For the fourth year in a row, the state missed its target for the number of roads it wants in "good" condition, according to the Minnesota Department of Transportation's annual survey of highway smoothness. And the percentage of lower-volume roads in "poor" condition increased to 5.2 percent -- the highest level on record. By 2010, more than 3 percent of freeways, interstates and other high-volume roads are projected to be in the poor category, up from 2.3 percent last year. MnDOT has said for years that it doesn't have the money it needs to keep up with road demands. Legislators and the governor agree that more money is needed, but they disagree about how to deliver the extra funds. Legislators have twice voted to increase the state's gas tax. Twice Gov. Tim Pawlenty has vetoed it. The constitutional change that voters approved in the fall of 2006 to channel all vehicle sales-tax receipts to roads and transit will provide an extra $31 million for highways in the fiscal year that starts in July. Meanwhile, gas tax receipts slipped from $650.6 million in 2005 to $646.8 million in 2006 and this year is expected to again be below the 2005 level. Star-Tribune 6/10

NEVADA
A $1 billion plan to cover part of a $5 billion shortfall in funding for highway projects that will ease congestion on Nevada highways - especially in the Las Vegas area - has been signed into law by Gov. Jim Gibbons. The governor signed AB 595 on Wednesday in Carson City, and followed up with a ceremonial signing Thursday in Las Vegas. The bill diverts $20 million annually from the Las Vegas Convention and Visitors Authority, as well as $44.3 million from existing rental car taxes and $170 million in property tax revenue earmarked for capital projects in Washoe and Clark Counties. The rental car and property taxes will be collected over eight years. The money will finance $1 billion in bonds for upgrades to Interstate 15 and U.S. 95 in the Las Vegas area and Interstate 80 in the Reno area. The new law guarantees that money raised in one county stays in that county. The state is facing a growing shortfall in funding for transportation projects partly because of high inflation in the cost of construction materials. Lawmakers have acknowledged the plan is only a partial solution, but will cover costs for at least a few years. Nevada Appeal 6/7

NEW HAMPSHIRE
The House voted to establish a New Hampshire Rail Authority to study and oversee restoring commuter rail service from Manchester and Nashua to Boston. The House voted 189-120 for the NHRA, which would include 25 members, most of them from local government and the Manchester-Boston Regional Airport. The authority will have the power to buy land, accept grants and loans, enter contracts for services and with the Massachusetts Bay Transit Authority and the Pan Am Railways company, successor to the Boston-Maine Railroad. Those who opposed the authority said the state is setting itself up for high expenses when trains are ready to run and the state needs to subsidize operations. Transportation Committee chairman Rep. James Ryan, D-Franklin, said that in 36 other sates, lawmakers can ride a train to their capitol. Union Leader 6/8

NEW JERSEY
Legislation:
AB 4345
This bill appropriates moneys to the Department of Environmental Protection for the purpose of making loans for the construction of environmental infrastructure projects.
Last Action: 6/11- Referred to the Assembly Appropriations Committee

AB 4346
This bill authorizes the New Jersey Environmental Infrastructure Trust to expend certain sums to make loans for environmental infrastructure projects.
Last Action: 6/11- Referred to the Assembly Appropriations Committee

OHIO
In response to a flood of calls from people unhappy about all the road construction in the area, State Representative Clayton Luckie (D-Dayton) has called a town hall meeting on Monday. "As State Representative it is my job to ensure my constituents' voices are heard by those making decisions that affect their everyday lives," said Luckie. "I have become aware of increasing concerns from residents in the area about the construction projects. I feel my role is to facilitate discussion between the Ohio Department of Transportation (ODOT) and the citizens of Dayton. I have invited the District Director for ODOT and the Dayton City Engineer. My hope is that residents will be able to share their opinions and gain greater understanding of the proposed direction of the projects." The meeting will be Monday at 7 p.m. at the Bomberger Teen Center, 1306 E. Fifth St. Luckie said ODOT District 7 Director Rex Dickey and Dayton City Engineer Kerry Lawson will attend the meeting. Dayton Daily News 6/12

PENNSYLVANIA
Legislation:
AB 1493
This bill provides for the establishment, implementation and administration of the Pennsylvania Infrastructure Investment Authority
Last Action: 6/7- Referred to House Environment Resources and Energy Committee

Gov. Rendell yesterday bowed to legislative demands for copies of 52 proposals for leasing the Pennsylvania Turnpike, but he asked the lawmakers to keep the proposals secret. Rendell has declined for six months to make public the "expressions of interest" submitted by private companies and the Pennsylvania Turnpike Commission. He has said disclosure of the details could reduce the amount of money that Pennsylvania might realize in a bidding process for the turnpike. But yesterday the governor's office sent copies of the expressions of interest, with names and addresses of the companies blacked out, to four legislative leaders: Senate Majority Leader Dominic Pileggi (R., Delaware), Senate Minority Leader Robert J. Mellow (D., Lackawanna), House Majority Leader William DeWeese (D., Greene), and House Minority Leader Sam Smith (R., Jefferson). Rendell wants to lease the turnpike to raise money for highway and bridge repairs around the state. The financial adviser to the administration, Morgan Stanley & Co., has said that if the turnpike were leased for $12 billion to $18 billion and the money were invested at 7 percent to 9 percent, the state could generate $840 million to $1.6 billion a year for transportation projects. Philadelphia Inquirer 6/13

RHODE ISLAND
Legislation:
SB 1098
This bill would make substantial changes to the general laws relating to the administration, development, planning and protection of drinking water and water supply throughout the state.
Last Action: 6/8- Referred to Senate Environment and Agriculture Committee

TEXAS
Gov. Rick Perry signed a new transportation law Monday that eases some of the fears over runaway toll roads and gives local authorities more control over road projects. The bill was a compromise hammered out in the final days of the legislative session between the governor, who has championed private toll roads as a way to quickly build highways without raising taxes, and lawmakers, who have felt the wrath of rural landowners and skeptical urban commuters. Legislators revisited a 2003 law that many felt had hidden consequences, such as allowing private firms to take over large swaths of the state highway system, stripping property owners of their land and discouraging public entities from competing for toll projects. The bill Perry signed Monday has a partial moratorium in place. But the two-year freeze was dubbed the "Swiss cheese moratorium" because it's riddled with exemptions, including virtually all North Texas toll roads already in the works. The bill halts at least one project in San Antonio. And Texas Transportation Commission members have said the moratorium, despite all its exemptions, still sends a chilling effect to private investors. The bill gives local entities such as the North Texas Tollway Authority the first option to build toll projects, limits private toll contracts to 50 years and establishes a new process to determine a road's market value. Dallas Morning News 6/11
 

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