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
- MINE SAFETY DEBATE SHIFTS TO HOUSE
- GAS PRICE DEBATE MOVES TO STATES
- APROPRIATIONS PANEL APPROVES TRANSPORTATION SPENDING PLAN
- PUBLIC PRIVATE PARTNERSHIPS TOPIC OF CONGRESSIONAL HEARING
- NATIONAL FINANCING COMMISSION HOLDS FIRST MEETING
- KEMPTHORNE CONFIRMED AS INTERIOR SECRETARY
- TWO MORE STATE SILICA BILLS SIGNED
- SEN. SPECTER INTRODUCES NEW ASBESTOS BILL
- CELEBRATE THE 50TH ANNIVERSARY OF THE INTERSTATE
- TCC FLY-IN FOLLOW-UP; HAVE YOU RETURNED YOUR RESPONSE CARD?
MINE SAFETY DEBATE SHIFTS TO HOUSE
Debate on the mine safety bill shifted to the House last week after the Senate, by unanimous consent, agreed to the first major overhaul to mine safety law in 28 years. The bill, S. 2803, is primarily applicable only to coal and creates requirements aimed at reducing safety risks for miners across the country in response to the recent mining tragedies, two of which are troublesome but which also have been supported by MSHA.
NSSGA has worked diligently since the Sago mine tragedy on both the Senate and House sides of the Hill to make sure that distinctions were drawn between the coal industry and the aggregates industry and that members of Congress were informed of these differences. An ad hoc coalition of NSSGA, PCA, NLA, Salt Institute and IMA-NA helped reinforce the aggregate industry's concerns over early "one size fits all" legislative approaches. We remain concerned, however, over the emergency notification requirement -- the so-called 15-minute rule -- and, the new schedule of fines that are imposed by the Senate bill. The safety and health of miners is "job one" for the aggregates industry, but the economics of the changes and the ability to save lives without burdensome new regulations must be fully debated. NSSGA will be vigorous in our pursuit of these principles as the mine safety debate continues.
After the Senate passed the bill, the action moved to the House where negotiations commenced on a mine safety bill. The intent of House leaders and leaders of the House Education and the Workforce Committee was to bring the base text of the Senate bill to the floor for expedited passage. That strategy was thwarted at least in the short term by Rep. George Miller (D-Calif.), the committee's senior Democrat. Rep. Miller offered an en bloc package of three amendments applicable to coal mines only that would:
- Mandate no less than a two-day supply of oxygen for trapped miners;
- Mandate within 15 months communications and tracking devices to find and communicate with trapped miners; and,
- Require the federal Mine Safety and Health Administration to regularly inspect miner's individual oxygen devices, known as self-contained self-rescuers.
With the Memorial Day recess, members of Congress have returned home to their congressional districts and have been advised to talk to their constituents about high gas prices and highlight the actions their respective parties have taken to ease the price increases. House Republicans will tout the bill that chamber passed again last week to open the Alaska National Wildlife Refuge (ANWR) to oil and gas exploration thereby expanding domestic capacity. They will accuse the Democrats of talking one way but standing in the way of measures to reduce reliance on foreign oil. Democrats for their part will highlight the importance of adopting new technologies and fuel efficiencies to reduce consumption. They will accuse the Republicans of being in the pocket of "Big Oil."
Meanwhile the states have their own debates underway over the increased gas prices. To both help NSSGA grassroots stave off federal gas tax suspension and to assist the several states in their debate of state gas user fee suspension efforts, NSSGA sent state aggregate association executives the position paper, action alert and talking points applicable at the federal as well as the state level.
In addition, NSSGA, working with other members of the TCC, has asked state aggregate association executives to help NSSGA members support their state efforts if their state legislatures were considering suspension or caps on user fees in their states. While we understand there have been proposals for suspension of the user fee in numerous states, state aggregate association executives from Missouri, Pennsylvania, Indiana, Colorado, Alabama, and Maryland inform us that there are no serious efforts to suspend the gas user fee in those states. While the Governor of Massachusetts has called for a summer suspension of the gas user fee, we are told it is not likely to pass. In North Carolina where the legislature has just begun its session, bills have been introduced to suspend and also to cap the user fee on gasoline. Legislators in Florida are mulling a cut in their user fee while Georgia, which suspended their user fee for a month last year, is considering another suspension. New York Gov. George Pataki recently signed a bill into law that will cap the user fee in his state at eight cents per gallon. A similar effort in South Carolina is expected to die this week. The National Conference of State Legislatures finds that Idaho, Texas, and Illinois also are considering user fee suspensions.
NSSGA is tracking efforts at both the federal and state levels. We urge NSSGA members to contact their members of Congress and state elected officials to oppose attempts to suspend or repeal the user fee on gasoline. There are no guarantees that the savings of 18.4 cents per gallon of federal tax would be passed along to consumers and a great deal of evidence that it would result in lower revenues to the states of needed funds for maintenance and improvement of our nation's roads and highways. Please visit NSSGA's Legislative Action Center for the latest A2 Grassroots Action Alert on this issue.
GAS PRICE DEBATE MOVES TO STATES
APROPRIATIONS PANEL APPROVES TRANSPORTATION SPENDING PLAN
Industry support for aviation infrastructure recognizedIn a late night meeting on May 25, the House Transportation, Treasury and Housing and Urban Development, the Judiciary and District of Columbia Appropriations (T-THUD) Subcommittee approved the $67.4 billion FY '07 appropriations bill by voice vote, sending it to the full committee for consideration. The full Appropriations Committee has tentatively scheduled a meeting to approve the spending plan for June 6.
The overall plan is $300 million above the administration's request and $2.4 billion over what was allocated last year. More specifically, the bill funds the federal-aid highways program at $39.1 billion, as set by the recently enacted surface transportation authorization legislation, SAFETEA-LU. This is an increase of half a million more than the president's request and more than $3.1 billion over the FY '06 enacted level, excluding emergency spending bills.
A total of $15.2 billion is provided to the Federal Aviation Administration (FAA) - $1.4 billion above the FY '06 enacted level and $2.4 billion above the president's request. Rejecting the administration's call to cut the Aviation Improvement Program (AIP) by 22 percent, the committee instead fully funded the program at the authorized level of $3.7 billion. NSSGA along with industry partners called for fully funding this important infrastructure program.
The mass transit account funding level also matches what was authorized by SAFETEA-LU at $7.6 billion. The program that will receive a majority of the attention when the spending bill reaches the House floor again this year, Amtrak, was given $900 million in two parts -- $500 million to Amtrak for capital spending and $400 million to the Secretary of Transportation to hand out as operating grants. Proponents of Amtrak consider this funding level akin to shutting the railroad down and are sure to mount a vigorous fight for more funds again this year.
NSSGA will continue efforts to ensure that the funding level for highways at the SAFETEA-LU authorized level for FY '07 is maintained and the funding to the AIP program restored.
The recent leasing of an Indiana toll road to a foreign partnership piqued the attention of Congress which wanted to learn more about the details of PPPs (Public Private Partnerships). First up for grilling by the Highways and Transit Subcommittee on May 24, were Governors Mitch Daniels (R-Ind.) and Tim Kaine (D-Va.), although Gov. Daniels received most of the attention. Gov. Daniels explained his administration inherited a $3 billion infrastructure gap and he looked at every possible option to close that gap. In the end, two foreign companies joined together and offered $3.8 billion to lease the toll road for 75 years. Daniels highlighted one of the selling points to the public was all the funds were, by law, to be reinvested into transportation infrastructure. Gov. Kaine talked about how various public-private ventures have resulted in major projects being started at a cost savings to the state.
The second panel delved into the various types of public private partnerships and concession agreements. Overall the panelists talked about how common these types of financing options were around the world and expressed optimism for more opportunities in America. A point lost on some members is the fact that if a state builds a project with no federal funds, Congress has very little say in the end product.
In a related event, state senator Peter Roskam, the Republican candidate for the 6th Congressional District of Illinois, joined with state senator Kirk Dillard, to introduce legislation that guarantees those suburbanites who have paid tolls receive the benefit from any privatization. This legislation is in response to a proposal to lease the Illinois Tollway. An earlier lease project by the City of Chicago directed a vast majority of the revenue to non transportation accounts. Similar to other leasing proposals, the main fight will be at the state level, with Congress having no formal role.
PUBLIC PRIVATE PARTNERSHIPS TOPIC OF CONGRESSIONAL HEARING
On May 24, the congressionally authorized National Surface Transportation Policy and Revenue Study Commission held its inaugural meeting. Quentin Kendall, formerly the DOT's liaison to the White House and Deputy Assistant Secretary for Management on Budget, was appointed the executive director of the 12 member commission. The members of the Commission are: Frank Busalacchi, Wisconsin Secretary of Transportation; Rick Geddes, Director of Undergraduate Studies, Cornell University Department of Policy Analysis and Management; Steve Heminger, Executive Director, Metropolitan Transportation Commission; Frank McArdle, General Contractors Association of New York; Steve Odland, Chairman and CEO, Office Depot; Mary Peters, National Director of Transportation Policy, HDR; Patrick Quinn, Chairman, American Trucking Associations; Matt Rose, CEO, Burlington Northern Santa Fe Railroad; Jack Schenendorf, of Counsel, Covington & Burling; Tom Skancke, CEO, The Skancke Company; and Paul Weyrich, Chairman and CEO, Free Congress Foundation.
The commissioners were briefed by Jack Basso, with the American Association of State Highway Transportation Officials, on the financial situation facing the Highway Trust Fund and noted inflation has reduced the purchasing power of the 18.4 cent fuel excise tax to about 12.2 cents. Steve Goodwin and Joe Morris briefed the group on the Transportation Research Board's report on the alternative to the fuel tax.
The Commission appears to be focusing more on the overall needs of the system, rather than simply how to finance it. Although, the future of public-private partnerships generated quite a bit of discussion, it also exposed general presuppositions towards the gasoline user fee as the primary financing vehicle for the system.
NSSGA will continue to follow these meetings and report back on the progress being made to compose a report that "substantially contributes to the future of transportation in this nation," according to the opening statement of Transportation Secretary Norman Mineta.
NATIONAL FINANCING COMMISSION HOLDS FIRST MEETING
The Senate approved by voice vote the nomination of Dirk Kempthorne to be Secretary of the Interior on May 26. The vote occurred immediately following an 85-8 vote to end debate on the nomination. Kempthorne resigned as governor of Idaho following his confirmation. In his career as a public servant, Kempthorne served two terms as Idaho governor and one term in the U.S. Senate. As a senator, Secretary Kempthorne was a prime sponsor of Endangered Species Act reform legislation. NSSGA looks forward to working with Secretary Kempthorne on this and other issues of importance to the aggregates industry.
KEMPTHORNE CONFIRMED AS INTERIOR SECRETARY
The South Carolina asbestos/silica medical criteria bill (SB 1038) and asbestos successor liability reform bill (SB 1163) were signed by South Carolina Gov. Mark Sanford (R) on May 24 and May 23 respectively. The Tennessee silica criteria bill (HB 3539) was signed by Gov. Phil Bredesen (D) on May 22. Besides South Carolina and Tennessee, Ohio, Florida, Georgia, Texas and Kansas have passed asbestos/silica medical criteria legislation.
NSSGA has developed a draft state silica medical criteria bill that can be used as a template in states where there is an opportunity to advance legislation. If you would like a copy, please contact Pam Whitted.
TWO MORE STATE SILICA BILLS SIGNED
Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) on May 26 introduced a revised asbestos litigation reform bill. The earlier asbestos trust fund bill, cosponsored by Judiciary Committee senior Democrat Patrick Leahy (D-Vt.), in February fell one vote short of the 60 votes needed to overcome a budget point of order against the bill.
The revised bill (S. 852) would expedite payments to victims of asbestos-related injuries, establish more stringent medical criteria to determine eligibility for payments from a proposed $140 billion trust fund, and preserve other, already-existing trust funds now paying asbestos claims. According to Specter, the revised bill "...essentially embodies the substitute bill that was pending on the floor months ago during the Senate's full consideration of asbestos reform last February." Further he said, "The trust fund bill being introduced today also includes specific floor amendments filed by members from both sides of the aisle and a handful of additional new changes that we believe respond directly to concerns raised during the asbestos floor debate."
The bill incorporates medical criteria amendments that would authorize random audits of affidavits, clarify that a claimant's diagnosis be made by a 'treating' rather than 'examining physician,' require claimants to provide detailed, specific and credible affidavits as proof of significant asbestos exposure, and disqualify certain plaintiffs' friendly B-readers from participating in claims administration. The new bill also allows existing asbestos-related bankruptcy trusts to retain at least 10 percent of their assets to continue paying pending impaired claims during the trust fund's start-up period. Finally, the bill would provide a new allocation formula for defendant companies contributing into the fund.
Sen. Specter said when introducing the revised bill that if it is rejected, he did not see the agenda of the Senate Judiciary Committee revisiting this issue. He termed the amended bill "the last best chance" for reform. Nevertheless, due to the crowded congressional schedule, consideration of the bill by the Senate this year is unlikely.
SEN. SPECTER INTRODUCES NEW ASBESTOS BILL
The events celebrating the 50th anniversary of the interstate and re-creation of the first Transcontinental Motor Tour which led President Dwight D. Eisenhower to sign the law creating the National Interstate Highway System almost four decades later are commencing soon. At each stop along the convoy route, activities will be held. Click here to learn how your state is participating. When there is a finalized itinerary of public events, NSSGA will provide it to you. 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.
NSSGA has prepared a special video, Rocks to Roads, 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. Click here to order your copy.
CELEBRATE THE 50TH ANNIVERSARY OF THE INTERSTATE
The TCC Fly-In held May 17-18 was a great success with over 100 participants being from NSSGA member companies. Activists from throughout the transportation construction sector descended upon Capitol Hill to help protect our hard-fought victories contained in SAFETEA-LU as well as advance our coalition's interests on a number of key issues.
That job did not end when the last fly-in participants returned home, however. The feedback and intelligence that you received during the fly-in is important in assisting association and coalition staff as we move forward. To everyone who has already returned their fly-in response cards, thank you. If you have not had the opportunity to do so, it is not too late. Only through the collection and analysis of the feedback that the fly-in participants received can we truly develop the "big picture" and come up with the appropriate game plan for the next highway reauthorization. Instructions for returning your response card are contained on the card. If you require additional assistance, please contact Patricia Maeder.
TCC FLY-IN FOLLOW-UP; HAVE YOU RETURNED YOUR RESPONSE CARD?
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