Jim Riley, Director, Government Affairs
John Boling, Director, Government Affairs
Paula Dietz, Director, Government Affairs
Patricia Maeder, Division Coordinator
www.nssga.org
Action Center
e-Digest
- HIGHWAY TRUST FUND DEFICIT PREDICTED BY 2008
- SENATE ENVIRONMENT & PUBLIC WORKS COMMITTEE APPROVES SAFETEA-LU TECHNICAL CORRECTIONS BILL
- TCC, ATM AND NORTHEASTERN GOVERNORS TO COHOST FINANCING COMMISSION FIELD HEARING
- ROCK ACT TO BE SUBJECT OF A LEGISLATIVE HEARING
- SENATE ACTS ON PENDING NOMINATIONS
- INHOFE INTRODUCES, THEN PULLS BILL PENALIZING SERIOUS NONATTAINMENT AREAS
- WATER BILL MAKING WAVES
- PANEL APPROVES DAM BILLS
- OSHA INITIATES NEW RULEMAKING ON HAZARD COMMUNICATION
- ASSOCIATION HEALTH PLAN BACKERS MAY ALTER SENATE BILL
- REGISTER NOW FOR THE NSSGA GOVERNMENT AFFAIRS/COMMUNITY RELATIONS FORUM!
HIGHWAY TRUST FUND DEFICIT PREDICTED BY 2008
According to a recent report of the American Association of State Highway and Transportation Officials (AASHTO), the Highway Trust Fund (HTF) is not keeping up with what is termed "alarming" increases in the cost of maintaining and improving the nation's roads and highways. Rising petroleum prices bear some of the blame, as petroleum is a primary ingredient in asphalt and fuels construction vehicles. Also, worldwide demand for steel has pushed up its prices. At the same time, gasoline user fees have not been raised since 1993. As a result, the gas tax has since lost one-third of its purchasing power.
Gas user fee revenues are deposited into the HTF and distributed to the state highway transportation agencies for road, bridge, transit and bike path projects. AASHTO predicts the HTF could be in deficit by as much as $1.6 billion in 2008. By 2012 the deficit is only supposed to get worse amounting to as much as $22 billion. According to the AASHTO study, the end result, if the trends continue, is that federal funding for surface transportation could be cut in half.
The Senate Environment and Public Works Committee approved a SAFETEA-LU Technical Corrections bill on Sept. 13 by voice vote. The bill includes a variety of technical corrections to SAFETEA-LU. Of particular importance to NSSGA is that it adjusts the public/private share issue for aggregates research from 50/50 to 80/20, as advocated by NSSGA, NAPA and ACPA.
The bill also extends the reporting time period of the National Surface Transportation Policy and Revenue Study Commission from July 1, 2007, to Dec. 31, 2007, and provides an additional $2 million in funding. NSSGA and its coalition partners urged the funding increase in order that the Commission has sufficient time and resources to complete its work.
It is unclear whether the bill will move separately or be attached to another legislative vehicle, but Committee Chairman James Inhofe (R-Okla.) expressed optimism about final passage of the corrections bill before the election recess. The House passed a corrections bill in June but it did not include additional funding or an extension of time for the Commission.
SENATE ENVIRONMENT & PUBLIC WORKS COMMITTEE APPROVES SAFETEA-LU TECHNICAL CORRECTIONS BILL
The Americans for Transportation Mobility (ATM), of which NSSGA is a management committee member, has been officially notified that the joint proposal of the ATM and the Transportation Construction Coalition (TCC) to cohost a National Surface Transportation Policy and Revenue Study Commission field hearing has been accepted. The TCC and ATM have joined with the Coalition of Northeastern Governors. The three organizations will cohost a hearing Nov. 15-16 in New York. We will keep you informed of developments.
TCC, ATM AND NORTHEASTERN GOVERNORS TO COHOST FINANCING COMMISSION FIELD HEARING
On Sept. 20, the House Resources Subcommittee on Energy and Mineral Resources will hold a legislative hearing on the Resource Origin Commodity Knowledge (ROCK) Act, H.R. 6080, introduced by Rep. Thelma Drake (R-Va.). The hearing will explore the history of the U.S. government's reporting on mineral production, the current status of the Minerals Information Team (MIT), the importance of minerals to the economy, and the legislative proposal to move the MIT from the U.S. Geological Survey so that it reports directly to the Secretary of the Interior. Drew Meyer, Vice President, Marketing & Transportation Services, Vulcan Materials Co., is scheduled to testify on behalf of the NSSGA.
The NSSGA recently convened a coalition of supporters of the Minerals Information Team. The coalition is supporting the ROCK Act, and sent an NSSGA drafted letter to Robert J. Portman, director of the Office of Management and Budget, urging full funding of the MIT in the administration's Fiscal Year 2008 budget request.
NSSGA will continue to actively support the MIT and report on the upcoming hearing. Please contact Pam Whitted for more information.
ROCK ACT TO BE SUBJECT OF A LEGISLATIVE HEARING
The Senate Environment and Public Works Committee on Sept. 13 reported favorably by voice the nomination of Mark Myers to be Director of the U.S. Geological Survey. The full Senate confirmed him on Sept. 15.
Following its Sept. 13 business meeting, the EPW Committee held a hearing on the nomination of Roger Martella to be General Counsel of the Environmental Protection Agency. The committee has not announced a schedule for further action.
On Sept. 20, the Senate Commerce, Science and Transportation Committee will hold a hearing on the nomination of Mary Peters to be Secretary of Transportation. Ms. Peters is the former head of the Federal Highway Administration. If confirmed, she would be the 15th transportation secretary and the second female to hold the position.
President Bush on Sept. 5 resubmitted the nomination of William Wehrum to be EPA Assistant Administrator for Air and Radiation. Wehrum is currently acting in that capacity. While his nomination was originally submitted early this year and reported favorably by the EPW Committee in April, the Senate did not act on the nomination before recessing for the August district work period and the nomination was returned to the President. Senate rules require that all pending nominations be returned to the President if the Senate has not acted on them prior to adjourning or recessing for more than 30 days. The EPW Committee has not announced a schedule for action on Wehrum's nomination.
As noted in last week's e-Digest, Richard Stickler has been re-nominated as the president's choice for Assistant Secretary of Labor for Mine Safety and Health.
SENATE ACTS ON PENDING NOMINATIONS
Sen. James Inhofe (R-Okla.) Sept. 7 introduced S. 3868, the Clean Air Act Attainment Enforcement Act, which would add new and increase existing monetary penalties on major stationary sources in areas most seriously out of compliance with Federal air quality standards for ozone and fine particulates. The bill also would require the Environmental Protection Agency to restrict federal highway funding (except for safety-related projects) and to increase the emissions offset requirement for new or modified sources in areas that do not have state implementation plans that will bring such areas into attainment by applicable deadlines.
As written, S. 3868 would only affect sources in California. However, other areas could be affected in the future if they fall out of compliance with the current standards or EPA decides to impose tougher standards.
The Senate EPW Committee was slated to mark up S. 3868 on Sept. 13, but Chairman Inhofe pulled the bill the day before, reportedly in response to a request by Democrats for a hearing. It is unlikely the bill will receive further consideration this Congress.
INHOFE INTRODUCES, THEN PULLS BILL PENALIZING SERIOUS NONATTAINMENT AREAS
The House of Representatives last week approved a motion to instruct conferees to the Water Resource Development Act (WRDA) legislation authorizing locks, dams, levees and other Corp of Engineers projects, and named conferees to work out the difference between the House and Senate passed versions. The motion to instruct, which is not binding, instructed conferees to agree to provisions that will provide protection to communities located in the coastal area of Louisiana and Mississippi from the storm surge of a category 5 hurricane.
The House conferees are as follows: Don Young, chairman, Transportation and Infrastructure Committee (R-Alaska), John J. Duncan, Jr., chairman, Water Resources and Environment Subcommittee (R-Tenn.), Richard Baker (R-La.), Gary G. Miller (R-Calif.), Henry Brown (R-S.C.), John Boozman (R-Ark.), James Oberstar, ranking, full committee (D-Minn.), Eddie Bernice Johnson, ranking subcommittee (D-Texas), Jerry Costello (D-Ill.), and Timothy H. Bishop (D-N.Y.). Richard Pombo (R-Calif.), Marilyn Musgrave (R-Colo.) and Ron Kind (D-Wisc.) were also named as conferees, but for only sections dealing within the jurisdiction of the House Resources Committee. The Senate is expected to name conferees this week.
The Senate passed a $12 billion version of the WRDA bill on July 19, while the House passed a $10 billion version on July 14, 2005. In addition to the price tag, there are a number of fundamental differences that need to be resolved by the conference committee. The primary disagreement deals with "Corps Reform;" the Senate version states that any project over $40 million shall be peer-reviewed while the House sets the level at $50 million and allows certain projects to be exempted. House and Senate staffs have been working diligently to draft a final package for the conferees to accept before Congress recesses at the end of September.
NSSGA will be closely following this legislation important to the aggregates industry, so if you have a question, please contact government affairs at 703-525-8788.
WATER BILL MAKING WAVES
The House Transportation and Infrastructure Subcommittee on Economic Development, Public Buildings, and Emergency Management approved two bills to improve the safety and security of the nation's privately owned dams during a legislative hearing on September 14. The first, the National Dam Safety Program Reauthorization (H.R. 4981) provides technical and financial assistance to state dam safety officials to mitigate potential failures. The second, the Dam Rehabilitation and Repair Act (H.R. 1105), establishes a $350 million program within the Federal Emergency Management Agency (FEMA) to fund dam rehabilitation, repair, and removal.
There are approximately 80,000 dams in the United States; of these, approximately 10,000 dams are considered to have high-hazard potential, meaning their failure could result in loss of life or severe property damage. Private individuals, corporations, and state and local governments own more than 95 percent of the dams in America, with the remainder owned by the federal government. Both pieces of legislation deal specifically with the non-federal dams.
The Transportation & Infrastructure Committee is expected to consider and approve these two bills during a mark-up session on Sept. 20. NSSGA has worked through coalitions to support these two bills. If you have any questions, please contact government affairs.
PANEL APPROVES DAM BILLS
On Sept. 12, the Occupational Safety and Health Administration (OSHA) issued an Advance Notice of Proposed Rulemaking (ANPRM) on Hazard Communication. OSHA, other federal agencies, and stakeholder representatives have participated in long-term international negotiations to develop a Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS has been adopted by the United Nations, and there is an international goal for as many countries as possible to implement the GHS by 2008.
The GHS includes harmonized provisions for classification of chemicals for their health, physical, and environmental effects, as well as for labels on containers and safety data sheets (SDS). Adoption of the GHS by OSHA would require modifications to the Agency's Hazard Communication Standard (HCS).
Among the items impacted by this are the American Conference of Governmental Industrial Hygienists' (ACGIH) Threshold Limit Values (TLVs). References to the chemicals for which there are ACGIH TLVs would no longer be specifically addressed in the HCS. Chemical manufacturers and importers would retain the responsibility for evaluating all relevant data on the chemicals they produce or import. Comments on the ANPRM have been requested.
As you recall, NSSGA Pulverized Minerals Division member James Ruddell, director of Environment and Safety at Franklin Industrial Minerals, testified before the House Workforce Protections Subcommittee cautioning against increased incorporation by OSHA and MSHA of non-consensus standards in federal rulemaking. Subsequently, Subcommittee Chairman Charlie Norwood (R-Ga.) introduced H.R. 5554 to promote worker safety in an open and formal process. The bill has not yet been marked up by the subcommittee.
OSHA INITIATES NEW RULEMAKING ON HAZARD COMMUNICATION
Sponsors of a bill to allow small businesses to buy health insurance through national associations are working on changes to the legislation in the aftermath of a failed cloture vote in May and in advance of a possible second chance at passage this month. The bill would allow businesses to form associations across state lines to negotiate with health insurance carriers for less expensive health plans. Sen. Ben Nelson (D-Neb.), one of two Democrats who voted in May to limit debate on the bill, is eyeing a change that would require association health plans (AHPs) to include coverage for procedures or equipment if at least 26 states have laws requiring that coverage.
It is not clear if the changes will be sufficient to attract enough Democratic votes to pass the bill. Senate Majority Leader Bill Frist (R-Tenn.) is planning to bring the bill back to the floor this month. If the compromise efforts are successful, the bill would be the only major piece of healthcare legislation to pass the Senate this year. The bill is sponsored by Sens. Nelson, Mike Enzi (R-Wyo.) and Conrad Burns (R-Mont.) The previous vote to cut off debate fell five votes short of cloture, with Nelson and Sen. Mary Landrieu (D-La.) the only Democrats in favor. Sen. Lincoln Chafee (R-R.I.) was the only Republican to vote against the motion.
Democrats argue that the legislation would degrade the quality of health coverage for small businesses because AHPs would be exempt from state coverage mandates. Supporters say the bill would make health insurance affordable for small businesses that could not otherwise provide coverage to their employees. The Senate bill already is significantly different from the House version, which passed in June 2005. The House bill transferred regulation and oversight authority over the association health plans from the states to the federal government. Under the Senate legislation, the power to license and regulate the plans will remain with the states in which the plans are operating.
NSSGA is a strong supporter of AHPs and will continue to work for passage of this important legislation.
ASSOCIATION HEALTH PLAN BACKERS MAY ALTER SENATE BILL
Register today for the first-ever Government Affairs/Community Relations Forum, Nov. 12-14 at the Radisson Plaza Lord Baltimore hotel in downtown Baltimore, Md. The Government Affairs and/Community Relations Forum is tailored to meet the needs of aggregates professionals who represent their operations before the media, elected officials and community leaders. This forum will provide new and advanced tools to produce more effective communications, and it has been designed specifically for the employee who wears more than one hat in his or her organization.
In addition to the communications tools, sessions dealing directly with issues that predominate in the aggregates industry will be presented, including permitting and regulations; local, state and federal government relations; land use and your local government. Through these expert-led sessions, seasoned communications and government affairs professionals and beginners can study the basic and the newest techniques.
The Forum will also offer a VIP "Behind the Scenes Tour of The Rocks Gallery" at the Smithsonian's National Museum of Natural History. This exclusive tour will take you into the research halls of the Smithsonian to learn and view first-hand some of the "rocks" that have impacted the development of our quality of life.
Stay-tuned to the e-Digest and Washington Watch for more information. When registering, be sure to enter promotional code GACR06ED. Click here to register.
REGISTER NOW FOR THE NSSGA GOVERNMENT AFFAIRS/COMMUNITY RELATIONS FORUM!
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