The US DOT this week issued a Notice of Proposed Rulemaking   proposed changes in several sections of the Disadvantaged Business Enterprise regulations. Comments will be accepted until July 9, 2010. AGC will be submitting comments. The proposed revisions are as follows:Requires a state to present justification if they have not met the annual DBE goal and the steps it will take to remedy this situation in the future. States not meeting these requirements could lose their federal funding;Instead of annually submitting a DBE goal for Federal approval, states would now be required to submit its goal every third year;New oversight requirements are proposed;The personal net worth of an individual characterized as economically disadvantaged would be increased from $750,000  to $1.31 million with an annual adjustment for inflation;DBE certification would be transferrable from state to state;Requires states to develop steps to increase DBE participation such as unbundling contracts or offering bonding assistance;Requires states to approve the termination or substitution of a DBE after contract award in order to receive DBE credit;Retains existing policy denying states the ability to count material purchased from the prime by a DBE towards DBE accomplishment.  

The U.S. Environmental Protection Agency (EPA) announced today its intent to propose the first-ever national rules related to the disposal and management of coal ash from coal-fired power plants. Coal combustion wastes include coal ash and fly ash, which are both widely used in construction applications.EPA intends to propose two potential regulatory paths the agency could follow under the Resource Recovery and Conservation Act (RCRA). One option is to regulate under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option, under Subtitle D, gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits.EPA stated its intention that this proposal would safeguard environmentally safe and desirable forms of recycling coal ash, known as beneficial uses. Under both approaches proposed by EPA, the agency would leave in place the "Bevill" exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills. Large quantities of coal ash are used today in concrete, cement, wallboard and other contained applications. EPA states that these "encapsulated" uses would not be impacted by the proposal, however, depending on the classification of the waste there may indeed be an impact resulting from the rule. AGC is concerned about implications for the shipping and handling of the material as well as any increased potential liability related to beneficial use.  AGC raised many of these concerns in a letter to EPA in November 2009.The public comment period is 90 days from the date the rule is officially published in the Federal Register.  AGC of America is currently reviewing the 536 page proposal and will submit comments. If you would like to advise AGC in the comment-writing process, please contact Melinda Tomaino at tomainom@agc.org or 703-837-5415. More background information can be reviewed in AGC's Environmental Observer.  EPA's proposed regulation can be viewed here.

Negotiations have broken down between Senators Kerry (D-Mass.), Lieberman (I-Conn.) and Graham (R-S.C.) on legislation intended to reduce greenhouse gas emissions. The stalemate is over issues unrelated to the legislation and therefore could potentially be resurrected at any time. How to deal with transportation is still unresolved. Discussions initially focused on imposing a fee on petroleum that would be passed on to consumers. The so-called "linked-fee", however, has been portrayed as a gas tax increase and the Senators backed away from supporting it.  However, they intend to have some type of carbon pricing mechanism requiring oil companies to buy pollution allowances for their activities. Language has been submitted to EPA for its evaluation.AGC has been urging Senators to ensure that any revenue from additional fees on transportation motor fuels be directed into the Highway Trust Fund. AGC is concerned that should a fee be imposed and not directed to the Highway Trust Fund it would undermine efforts to increase trust fund revenues necessary to fund the transportation reauthorization legislation. To contact your Senators on this issue please click here.

With the current extension expiring on April 30, Congress has passed and President Obama has signed the twelfth extension of authorization for federal aviation programs, lasting this time until July 2. House and Senate negotiators continue to work on reconciling the different versions of FAA reauthorization legislation they passed previously. The House passed a four year authorization back in July 2009, while the Senate more recently passed a two year bill.  Both bills include Airport Improvement Program funding at approximately $4 billion per year, up from the current $3.5 billion level. The House bill allows all airports to increase the Passenger Facility Charge (PFC) from $4.50 to $7.00, which is estimated to generate $1billion per year in additional revenue for airport infrastructure investment. The Senate bill would only allow six airports (to be determined in the future) to raise the PFC to $7.00. AGC is working in support of allowing the PFC ceiling to increase for all airports to $7.00.

Negotiations are still underway between Senators Kerry (D-Mass.), Lieberman (I-Conn.) and Graham (R-S.C.) on legislation intended to reduce greenhouse gas emissions. They intend to release the legislation on Monday; however, that time line could be moved back. One of the final issues to be resolved is how to deal with transportation. Discussions have been on-going the past several days about imposing a fee on petroleum that would be passed on to consumers. The so-called "linked-fee" on motor fuels would likely increase the cost of gasoline by approximately 15 cents per gallon.  The Senators drafting the bill seem to be backing away from the "linked fee" concept because it has been portrayed as a gas tax. However, they intend to have a carbon pricing mechanism for transportation. AGC and other stakeholders have been visiting Senate offices urging that any revenue from additional fees on transportation motor fuels be directed into the Highway Trust Fund. Please contact your senators to make the same point. AGC is concerned that should a fee be imposed and not directed to the Highway Trust Fund it would undermine efforts to increase trust fund revenues necessary to fund the transportation reauthorization legislation. Contact your senators through AGC's Legislative Action Center by clicking here

AGC this week released a new study evaluating the data used by the California Air Resources Board (CARB) to justify the imposition of requirements on contractors in California to reduce emissions from their off road diesel equipment fleets. The report shows that emissions from California's construction and other off-road diesel equipment are less than 28 percent of what state officials have estimated, and therefore there is no scientific justification for the rule. The new emissions study is based primarily on data assembled by CARB last year, including how many pieces of off-road diesel equipment are in use and how much they run. The study found that there are 157,000 pieces of this equipment in the state, and not the 192,000 that the staff assumed, and 7.5 percent of this equipment is low use. Other new data came from the state Board of Equalization, the U.S. Department of Energy, and records detailing the actual hours worked by equipment operators.Using this new data, researchers found that state officials have vastly overestimated emissions from the state's off-road diesel fleet. Emissions parallel the consumption of fuel, and in 2009, off-road equipment burned only 164 million gallons of diesel. If the Board's original estimates were correct, that number would have reached 581 million.AGC has been pressing CARB to rescind or significantly alter its rule. In addition, AGC has been urging EPA to not grant California a waiver to implement these new restrictions. The outcome of California's rule has national implications because other states would be free to adopt these restrictions.

The American Association of State Highway and Transportation Officials (AASHTO) this week released a new report, The Road to Livability , which describes how a full range of transportation options - including improvements to roadways, transit, walking, and biking - can improve livability in our communities. According to the report, state DOTs are using every opportunity to tailor transportation projects to the needs of the communities they pass through. States are also focusing their efforts on rapidly expanding options for biking, walking, and transit use, as well as implementing such road-related, livable policies as revitalizing urban centers, building local economies, and preserving historic sites and scenic country roads.The report was issued to respond to the U.S. Department of Transportation's pronouncements that livability is among the administration's top priorities for future transportation funding. In addition, Congress will soon determine how "livability" will fit into the next multiyear transportation authorization legislation. The House draft reauthorization bill would create an "Office of Livability" within the U.S. DOT. Despite all the discussion of "livability," DOT officials have not been able to define it in response to questions at hearings from senators and representatives.In releasing the report, AASHTO's Executive Director John Horsley said, "The next authorization bill must take into account the important role played by road-related investments in enhancing communities and improving the convenience of travel and access to services for all citizens. Transportation is a critical link in creating more livable communities, playing an important role in connecting affordable housing, good jobs, a safe and healthy environment, and strong schools."

" width="300" height="225" />Highway and Transportation Division Chairman Dean Word, Dean Word Co, New Braunfels, Texas joined Federal Highway Administrator Victor Mendez, New York State and City DOT officials and others at a national event in New York City to kick off Work Zone Awareness week. AGC has been part of the planning committee for this event since it was first initiated in 2000 to bring public attention to dangers in the work zone to construction workers and motorists. This year's theme, "Work Zones Need Your Undivided Attention," emphasized how distracted and impaired driving is made all the more dangerous when it occurs in work zones. Among the speakers at the event were family members of workers who were killed in work zone incidents. AGC chapters around the country joined their state DOTs in holding their own events to commemorate the week and gain attention from the media.

AGC used the start of the annual Work Zone Awareness campaign to call for increased police presence at highway and transit construction sites nationwide to cut the hundreds of work zone fatalities that take place every year.