Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Joe Colaneri, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- HOUSE $2.8 TRILLION BUDGET BILL FACES UNCERTAIN FUTURE
- NSSGA INITIATES MINE SAFETY DIALOGUE ON HILL
- FHWA RELEASES 2004 CONDITIONS & PERFORMANCE REPORT; '06 Report Due in 120 Days
- DOT ISSUES PROPOSED CRITERIA FOR CHAT USE IN ROAD PROJECTS
- DOI SHOWS NET GAIN IN WETLANDS FOR FIRST TIME SINCE 1954
- LOBBYING REFORM BILL PASSES SENATE
- FORMER HOUSE MAJORITY LEADER TOM DELAY ANNOUNCES HE WILL LEAVE CONGRESS
- MAKE YOUR PLANS FOR THE TCC FLY-IN
- CELEBRATION OF 50TH ANNIVERSARY OF NATIONAL INTERSTATE HIGHWAY SYSTEM TAKES SHAPE
HOUSE $2.8 TRILLION BUDGET BILL FACES UNCERTAIN FUTURE
Transportation funding protected
Newly-minted House Majority Leader John Boehner (R-Ohio) is tasked with appeasing three disparate Republican factions as he seeks to bring a budget bill to the House floor. With Democrats united in opposition, Boehner must find the middle ground between the moderates who want more spending, conservatives who are demanding to stick with the president's proposed budget numbers and budget reforms and the appropriators who do not want reforms limiting their powers -- earmarks. With the House standing at 231 Republicans, 201 Democrats, one Independent (who votes with Democrats), and two vacancies, if the majority party loses more than 14 Republican votes, the budget bill will fail. Expect a close vote when the House takes up the FY '07 budget later this week.
As passed by the House Budget Committee last week on a 22 to 17 vote, the FY '07 budget sticks with the president's proposed discretionary spending level of $873 billion, with the remainder going to mandatory spending programs and interest on the debt. As passed, the budget proposes to cut $6.8 billion from mandatory spending, excluding Medicare, over the next five years.
Importantly, the budget protects transportation spending and sets the limit at the president's numbers while allowing the Appropriations Committees to decide how to allocate discretionary spending. SAFETEA-LU spending is considered mandatory and is therefore protected by the bill. NSSGA President and CEO Joy Wilson sent a letter to the Budget Committee reaffirming NSSGA's support for including "firewalls" or budgetary protections to protect transportation spending.
NSSGA will continue to follow the budget bill as it progresses through the legislative process. It is important to remember that the budget serves only as a spending guideline and does not have the force of law because it is not signed by the president. Nevertheless, the budget protections included in the budget for transportation spending are real and NSSGA will fight to retain them.
NSSGA INITIATES MINE SAFETY DIALOGUE ON HILL
NSSGA met last week with key Senate and House members and staff on mine safety legislation that may be considered in both chambers in the coming weeks. In the past week, NSSGA has met with senior staff from the Senate Health, Education, Labor and Pensions (HELP) Committee, including Chairman Mike Enzi (R-Wyo.), Johnny Isakson (R-Ga.), and Patty Murray (D-Wash.). With an ad hoc coalition of other non-metal mining associations, NSSGA met with House Workforce Protection Subcommittee Chairman Charlie Norwood's (R-Ga.) staff. All of these meetings have been to discuss the qualitative differences between the aggregates and coal industries and ensure that any legislation considered acknowledges the strong safety record of the aggregates industry and provides meaningful cost-effective reform that reflects the current state of the art in mine safety technology.
NSSGA will be following up in the next few weeks with the Senate staffers and other congressional staff and members to set up meetings for the ad hoc coalition. Timing for action on any legislation is unclear. We were advised that Senate staff of the HELP. Committee began meeting last week on a bipartisan basis to see on what, if any, issues there is agreement. We will continue to strongly advocate our industry's best interests as the focus continues on this important issue.
Since the Sago mine disaster, the following bills have been introduced on mine safety:
S. 2231 - Federal Mine Safety and Health Act of 2006 (Introduced in Senate)
Mr. BYRD (for himself, Mr. ROCKEFELLER, and Mr. KENNEDY)
To direct the Secretary of Labor to prescribe additional coal mine safety standards, to require additional penalties for habitual violators, and for other purposes.
HR 4695 - Federal Mine Safety and Health Act of 2006 (Introduced in House)
Mr. RAHALL (for himself, Mr. MOLLOHAN, and Mrs. CAPITO)
To direct the Secretary of Labor to prescribe additional coal mine safety standards, to require additional penalties for habitual violators, and for other purposes.
H. R. 4835 - To amend the Internal Revenue Code of 1986 to provide tax relief to promote investments in mine safety.
Mr. ENGLISH
To amend the Internal Revenue Code of 1986 to provide tax relief to promote investments in mine safety.
S. 2448 - Mine Safety Enforcement, Reporting, and Training Act
Mr. DURBIN
To increase the minimum penalties for violations of the Federal Mine Safety and Health Act of 1977, and for other purposes.
S. 2308 - Mine Safety and Health Act of 2006
Mr. SPECTER (for himself, Mr. BYRD, Mr. COCHRAN, Mr. HARKIN, Mr. INOUYE, Mr. KENNEDY, and Mr. SANTORUM)
To amend the Federal Mine Safety and Health Act of 1977 to improve mine safety, and for other purposes.
Nearly two years late, the Federal Highway Administration (FHWA) has finally released the 2004 Status of the Nation's Highways Bridges and Transit: Conditions & Performance (C&P Report). The report, which examines the current conditions of the nation's roads, bridges and transit systems from 1997 to 2002, notes that all levels of government spent $135.9 billion on four million miles of roadway in 2002. Of this total, the federal government contributed 24.1 percent ($32.8 billion), the states put in 50.8 percent ($69 billion) and local governments contributed another 25.1 percent ($34.1 billion). Despite this level of funding resulting in improving the physical condition of the nation's roadways, performance has declined as more people are stuck in traffic.
Specifically, congestion has dramatically increased, from 21.1 percent of travel occurring under congested conditions in 1987 to 30.4 percent in 2002. The average rush-hour has increased from 5.4 to 6.6 hours with smaller cities (pop. 500,000 to 1 million) facing the largest increase in delays. Of the positive data included in the report, the nation's roadways rated as adequate rose from 86 percent in 2000 to 87.4 percent in 2002. Additionally, the percentage of all bridges rated as deficient continued to drop, logging in at 27.5 percent for 2002 compared to 28.5 percent in 2000.
The report finds the cost to maintain highways and bridges from 2003 to 2022 is about $73.8 billion annually from all levels of government, while the cost to improve highways and bridges is projected to be $118.9 billion annually from all levels. The cost to maintain simply measures how much funding is needed to keep things at current levels while the cost to improve reflects reduced congestion and vehicle emissions, lower vehicle operating costs, improved road pavement, and improved safety. However, due to the generalized nature of the data, the numbers can be manipulated by groups proposing more spending or those proposing to slow transportation spending. Also, the cost to maintain the system at current levels is not the true cost since one is simply maintaining current user costs which results in a downward trend of costs. To put it in perspective, all levels of government spent $68.2 billion on capital expenditures for roads and bridges in 2002.
Also included in the 506-page report is a section dealing with future investment and potential to improve the data sets that provide the needed information. NSSGA will continue to review the information contained in the report. Click here if you would like to review the report. Take note that the 2006 Conditions and Performance Report is due in 120 days.
FHWA RELEASES 2004 CONDITIONS & PERFORMANCE REPORT;
'06 Report Due in 120 Days
In March 2006, EPA proposed criteria for the environmentally protective use of chat, a gravel-like waste created from lead and zinc mining activities in the Oklahoma, Kansas, and Missouri tri-state mining region, in transportation construction projects carried out in whole or in part with federal funds, and in concrete and cement projects. The proposed criteria involve safely encapsulating chat particles in asphalt or cement and concrete and implements language included in SAFETEA-LU.
Currently about 100 million tons of chat contaminated with lead, zinc and cadmium are located in the tri-state mining district. The proposed criteria will help reduce these piles, thus reducing the amount of chat particles that are spread by wind, water or air into the surrounding environment. According to EPA, beneficially using chat will reduce the current health and environmental hazards posed by existing surface-level chat piles.
The district covers approximately 2,500 square miles and includes parts of Ottawa County, Oklahoma; Cherokee County, Kansas; and Jasper and Newton Counties, Missouri and includes four Superfund National Priority List (NPL) sites. When left exposed to the environment, the lead in chat can be a hazard to human health. Chat particles can enter soil, surface water, groundwater, and air. Exposure to lead has been known to cause learning disabilities and damage the human immune, blood and nervous systems. Children are the most susceptible to these effects.
Although chat is being used in asphalt mixes in all three states, the transportation bill enacted by Congress in August specifically calls for EPA to address chat from the tri-state mining district. As such, the proposed rule will impact only chat currently located in the tri-state mining district because chat located in this area is geologically and chemically similar. Chat from the tri-state area will be used in hot asphalt mix or concrete for federal funded transportation construction projects, such as roads and bridges. Chat may also be used in non-transportation, nonresidential concrete and asphalt projects.
NSSGA is currently assessing the impact of the proposed criteria on the aggregates industry. Contact John Hayden with any questions.
DOT ISSUES PROPOSED CRITERIA FOR CHAT USE IN ROAD PROJECTS
On March 30, the U.S. Department of Interior (DOI) released a report that demonstrates for the first time a "net gain" in wetlands acreage in the United States due to a combination of wetland restoration efforts on agricultural and conservation lands as well as the inclusion of man-made ponds in the calculations. Man-made ponds include water traps on golf courses, recreational or decorative ponds in residential areas, and stormwater retention ponds. The freshwater pond category also includes fish ponds. Interior Secretary Gale Norton joined Agriculture Secretary Mike Johanns in releasing the report, U.S. Fish & Wildlife Service Status and Trends of Wetlands in the Conterminous United States 1998 to 2004, showing a net gain in wetland acreage for the first time since the U.S. Fish and Wildlife Service (FWS) began compiling the data in 1954.
Environmental groups counter that without the inclusion of man-made ponds, the inventory would should a net loss of wetlands.
Between 1998 and 2004, the nation gained about 191,800 acres of wetlands, bringing its total to 107.7 million acres, according to the report. The report shows an annual net gain of 32,000 acres during this six-year period. The Fish and Wildlife Service (FWS) said its findings were based on a scientific and statistical analysis of wetland change observed using satellite and aerial imagery during this period.
According to the FWS, about 458,000 acres of wetlands were lost annually between the mid-1950s and the mid-1970s. Between the mid-1970s and the mid-1980s, the annual loss declined to 290,000 acres. The loss in the subsequent decade declined further to 58,500 acres. The report added that almost all net gains in wetlands during this six-year period were in freshwater wetland types, which showed a net increase of 220,200 acres.
On Earth Day in April 2004, President Bush set a "no net loss" goal for wetlands.
DOI SHOWS NET GAIN IN WETLANDS FOR FIRST TIME SINCE 1954
On March 29, the Senate passed S. 2949, legislation to increase lobbying disclosure, strengthen ethics rules, and make congressional legislative procedures more transparent, by a vote of 90-8. The bill now moves to the House, where prospects for a companion reform measure, H.R. 4975, remain uncertain. The Senate bill contains both statutory provisions and changes in Senate rules and procedures, but even the rules changes will not go into effect immediately. The entire legislative package still must go through a conference with the House and be signed by the president before it takes effect.
Highlights of the Senate bill include: earmarks added in conference to appropriations bills would be subject to points of order on the floor; registered lobbyists would have to file quarterly reports (currently, biannual reporting is required) on their activities and a fine of $100,000 would be imposed for violation of these reporting requirements; non-profit advocacy groups that spent more than $100,000 a year or $25,000 per quarter on lobbying activities would have to disclose how much money they raised, how much they spent and whether they were affiliated with lobbying firms; senators and aides could not accept meals or drinks from registered lobbyists, but could still accept meals valued at up to $50 from others as long as they disclosed the freebies on their official web sites within 15 days.
NSSGA will be following this process closely because in the end it will have an impact on all advocacy in Washington, D.C. We will keep you informed as the lobbying reform debate continues.
LOBBYING REFORM BILL PASSES SENATE
Former House Majority Leader Tom DeLay (R-Texas) formally announced on April 4 that he will not run for re-election in November and will resign from Congress within a matter of weeks. DeLay said that he wants to ensure that his seat remains in Republican hands. Given declining poll numbers in his congressional district and an expected summer barrage of attacks from Democrats and their allies, DeLay came to the conclusion that he was not the strongest Republican to defend what should be a safe GOP seat in the 22nd District of Texas.
Under Texas election law, when a candidate drops out of a race for which he has already received a party nomination, the party is then vested with the power to fill the vacancy with a nominee of its own choosing. Although DeLay won his primary less than a month ago, it was necessary for him to run and win that race so the party would have the opportunity to field the best possible candidate.
FORMER HOUSE MAJORITY LEADER TOM DELAY ANNOUNCES HE WILL LEAVE CONGRESS
We need your participation at the TCC Fly-In to help us build the case for increased investment in our nation's highway system. Funding for next year looks good, but projections are the Highway Trust Fund will run out of money by the end of 2009. We can't rest on our laurels and the success of finally passing SAFETEA-LU. The effort begins now to build the case for increased highway investment in the future.
The Transportation Construction Coalition (TCC) Fly-In is scheduled for May 17-18, at the J. W. Marriott Hotel in Washington, D.C. Please note that NSSGA is holding a Government Affairs Committee meeting on Capitol Hill from 11:00 a.m. to 1:00 p.m. on May 17 before the start of the fly-in with special congressional guests. Lunch will be served, followed by a one-hour meeting of the ROCKPAC Trustees beginning at 1:00 p.m. The fly-in officially begins at 2:30 p.m. at the Marriott. There will be a TCC Congressional reception on May 17 from 6:00 to 7:30 p.m. in the Rayburn House Office Building Foyer. NSSGA will hold a ROCKPAC Major Donors ($500 - $5,000 contributors) dinner beginning at 7:00 p.m. in the Bolton Room in the Capital Hill Club. House Majority Leader John Boehner (R-Ohio) has been invited to join us. The morning of May 18 will begin with a breakfast speaker followed by a day of lobbying on Capitol Hill.
Registration for the TCC Fly-In Conference is now online at http://www.blueskyz.com/tcc2006. Registration for the full event is $175 per attendee. Participants are urged to call the J. W. Marriott Hotel on Pennsylvania Avenue at (202) 393-2000 to reserve hotel rooms as soon as possible. Please mention the "TCC Fly-In" to receive the special discount rate of $279 per night single/double.
Register to participate in the TCC Fly-In today!
MAKE YOUR PLANS FOR THE TCC FLY-IN
CELEBRATION OF 50TH ANNIVERSARY OF NATIONAL INTERSTATE HIGHWAY SYSTEM TAKES SHAPE
Activities celebrating the 50th Anniversary of the National Interstate Highway System are being planned. The FHWA has a 50th Anniversary website that can be accessed via NSSGA's website. The American Association of State Highway Officials (AASHTO) also has a 50th Anniversary website; http://www.interstate50th.org/index.shtml which lists the activities underway on a state-by-state basis. Also, it has details on the convoy, which is a recreation of the first Transcontinental Motor Tour that led President Eisenhower to sign the law creating the National Interstate Highway System almost four decades later. The convoy will end at the Ellipse in Washington, D.C., on June 29, the actual anniversary of the signing of the Act.
NSSGA has prepared a special video presentation, first shown at the 2006 annual convention in Tampa on March 11, available in both DVD and VHS formats, ($12 per copy for NSSGA members; $15 for non-members) highlighting the role of aggregates in the interstate system and U.S. society. NSSGA urges its members to participate in the 50th Anniversary activities. Possible ways to participate include taking part in state activities, participating in convoy stops, and including articles on the anniversary in your company newsletters or magazines.