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FHWA Chief Counsel Headlines Upcoming Law Forum Federal Highway Administration Chief Counsel Fred Wagner will deliver the main address at the 5th annual ARTBA Transportation Construction and Regulatory Forum, scheduled for June 5. It is being held in conjunction with the ARTBA Federal Issues Program, allowing members to maximize their trip to Washington, D.C. Wagner will discuss issues including MAP-21 implementation and project delivery reforms. Other
APRIL 29, 2013
House Budget Committee Explores Highway Trust Fund Challenges
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New Health Care Law Focus of Today’s Free Webinar ARTBA is providing its members with access to a free webinar today that is designed to help private companies navigate the potential impacts, mandates and provisions in the 2010 health care law—The Affordable Care Act. The 60-minute session will be led by John Satagaj, president and general counsel of the Small Business Legislative Council (SBLC), which has Continued on page 3 Follow ARTBA:
House Budget Committee Chairman Paul Ryan (R-Wis.) claimed recent congressional actions to invest more in highway improvements than Highway Trust Fund (HTF) revenues could support abandon the user fee principle of paying for road and bridge improvements. Ryan’s comments came at an April 24 hearing of his committee on the status of the Trust Fund. Ryan correctly pointed out the 2012
surface transportation law, MAP-21, transfers $19 billion from the federal general fund to support federal highway and transit investment. However, relying exclusively on available trust fund revenues would have required investment cuts in excess of 40 percent that would have threatened hundreds of thousands of jobs in the construction industry. The non-partisan Congressional Budget Office
(CBO) submitted testimony expanding on the widely-held understanding that the HTF will not be able to maintain current surface transportation investment levels once MAP-21 expires in 2014. CBO outlined three options for addressing the looming HTF shortfall: “cutting the authority to obligate funds in that year (FY 2015) from about $51 billion projected Continued on page 2
Federal Issues Program Hotel Deadline May 2nd: Register Today ARTBA Washington Newsline
Highway Trust Fund
ARTBA Milestones
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This year, ARTBA marks some significant milestones since its founding in 1902. Among them:
under current law to about $4 billion, raising the taxes on motor fuels by about 10 cents per gallon, or undertaking some combination of these options.” Republican members of the Budget Committee suggested a range of solutions that included devolving the federal programs to the states, ending Trust Fund support for public transportation, and shifting federal spending from other areas to transportation. Democratic members of the panel advocated raising new HTF revenues. ARTBA submitted testimony to the committee noting that the federal government’s responsibility for supporting interstate commerce is clearly laid out in the U.S. Constitution, and the nation’s highway network is the manifestation of such constitutional responsibility, in that it facilitates the movement of people and goods between the states. ARTBA also called on Congress to include a long-term revenue solution to stabilize and grow HTF’s revenues as part of a comprehensive reform to the U.S. tax code.
• 110 th anniversary of first ARTBA National Convention in Detroit, Mich. • 90 th anniversary of ARTBA’s flagship “Transportation Builder” magazine. • 75 th anniversary of ARTBA’s affiliations with AGC of Texas and the Mississippi Road Builders Association.
Upcoming Events
2013
Visit our Events Page for more information. Federal Issues Program & TCC Fly-In June 3-5 Washington, D.C. [Add to Calendar]
Young Executive Development Program June 3-6 Washington, D.C. [Add to Calendar]
5th Annual Transportation Construction Law & Regulatory Forum June 5 Washington, D.C.
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ART BA Washington Newsline
25th Annual ARTBA P3 Conference July 24-26 Washington, D.C. [Add to Calendar]
ARTBA National Convention September 8-10 Milwaukee, Wis. [Add to Calendar]
Dr. J. Don Brock TransOvationTM Workshop & Awards Program October 28-30 San Jose, Calif.
Local Transportation Management Virtual Conference & Innovation Showcase (LoTransTM 2013) November 19-20
Regional Meetings
Western: December 2-3, Austin, Texas Central: December 4-5, St. Louis, Mo. Southern: December 9-10, Charlotte, N.C. Northeastern: December 11-12, Baltimore, Md.
Free Webinar Provides Clarity on New Health Care Law Continued from page 1
represented small businesses for more than three decades and is well-versed in communicating complex issues in a way that makes sense to the typical business person. ARTBA President Pete Ruane serves on the SBLC board and is a past chair. If your company has less than 50 employees, you will want to choose “Webinar Option One,” which begins at 11:30 a.m., EDT, and covers the things that you have to worry about as a small business as the implementation date nears. Find out what to expect as insurers prepare
their products for offering by exchanges or outside of exchanges. If your firm has more than 50 employees, choose “Webinar Option Two.” Also 60 minutes, it takes place at 3:30 p.m., EDT. You will learn about the choices your employees will have to make and the effect on your business operations. Satagaj will discuss individual mandates, premium assistance and taxable versus nontaxable benefits. He will also cover the elements of determining the 50-employee threshold for large employer status and the interplay between individual mandates, premium
builder®
assistance, and exposure to penalties. Space is limited and registration is accepted on a first-come, first-served basis through SBLC member Promotional Products Association International website. Contact ARTBA’s Rich Juliano with any questions.
March-April 2013
View the Digital March/April “Transportation Builder” magazine.
Products & Services ANNUAL SAFETY ISSUE March-April 2013
TransportationBuilder
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Overheard “On Monday [April 22], as flight delays were hitting travelers at airports around the country due to these allegedly unavoidable cuts, the top story on the Department of Transportation’s website announced a $474 million grant program that promises to ‘make communities more livable and sustainable.’ How about awarding grants to the control towers at Hartsfield and O’Hare? The community of air travelers would likely agree that sitting in a departure lounge at Newark Airport may be livable, but it’s not sustainable.” April 23 “Wall Street Journal” editorial, “Flight Delays as Political Strategy.”
“This report, which gives a comprehensive assessment of our nation’s infrastructure, was released in March, but I just got it because the delivery truck spent four days stuck in a pothole…We have boosted our grade in all 16 infrastructure subjects - except for 10 of them.” Comedian Stephen Colbert April 24 joking about the ASCE’s “2013 Report Card for America’s Infrastructure.”
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ARTBA News Law Forum Continued from page 1
panel sessions will focus on environmental compliance, alternative dispute resolution, DBE compliance, and more. Speakers include: • William Penny, member, Stites & Harbison; • Neal Sweeney, partner, Kilpatrick Townsend; • Mike Branca, partner, Peckar & Abramson; • Lorraine D’Angelo, senior vice president, Ethics and Compliance, Dragados; • Chris Anzidei, Law Offices of Christopher Anzidei, PLLC; • Matt DeVries, attorney, Stites & Harbison; • Jamie Auslander, principal, Beveridge & Diamond; • Parker Moore, principal, Beveridge & Diamond; and • Chris Brasco, partner, Watt, Tieder, Hoffar & Fitzgerald. Participants will also have the opportunity to attend a networking reception with ARTBA past chairmen and the Foundation’s Young Executive Development Program fellows. Registration is $395 for past attendees, ARTBA committee members, and those who register separately for the ARTBA Federal Issues Program; $595 for ARTBA members; and $750 for nonmembers. Register today, or contact ARTBA’s Sara Jones for more information.
Legislative & Regulatory News Senate Panel Looks at Transportation Issues in Tax Reform Efforts The Senate Finance Committee April 25 released a discussion paper describing these solvency challenges of the Highway Trust Fund (HTF) and other transportation trust funds in the context of an upcoming effort to reform the federal tax code: “In the past, the Finance Committee has at times addressed such shortfalls with additional revenues. Tax reform, in conjunction with sensible spending policy, is an opportunity to ensure the fiscal solvency of the federal transportation funds.” These developments are by no means a guarantee that these issues will be contained in any legislation in the nearterm. It is also far too early in the tax reform process to determine the composition of any sweeping legislation and whether transportation will remain in the conversation. However, the fact that the Trust Funds’ statuses are part of the
Senate’s initial discussions is a positive step. By comparison, House Republicans have created a series of working groups to focus on different aspects of tax reform and transportation is not the subject of any of those groups. ARTBA will continue meeting with the leadership and tax committees of both chambers since last year’s elections to emphasize the need to address the long-term sustainability of the HTF. Read ARTBA President & CEO Pete Ruane’s letter to President Obama in urging him to make a Trust Fund revenue solution a key Administration priority in any tax reform discussion.
House Panel Tackles Freight The House Transportation and Infrastructure (T&I) Committee April 24 convened a “special panel” to examine efforts to improve goods movement in the U.S. Witnesses from Fed-Ex, Norfolk Southern, Werner Enterprises, the South Carolina Ports Authority and the AFL-CIO all concluded the U.S. is woefully under-investing in its critical
Multimodal News
Fostering Innovation
A service of ARTBA’s multimodal councils, it features current transportation developments making news across all modes and regions. Contact Sara Jones to become a subscriber or visit www.artbamultimodal.org.
TRB Newsletter: April 16
Highlighting new research, technologies, industry best practices and information resources available to the transportation design and construction industry.
transportation infrastructure, especially when it comes to freight mobility. Each witness also advocated for increasing user fees in order to improve the multi-modal system, something most lawmakers in attendance seemed to acknowledge could be an option moving forward. T&I Committee ViceChairman John Duncan (R-Tenn.) and Representative Jerry Nadler (D-N.Y.) are tasked with leading the special panel and will hold freight movement hearings around the country in the coming months. The panel consists of six Republicans and five Democrats and will issue a report in approximately six months with recommendations to the full committee on how to address the challenges the nation faces on goods movement. ARTBA applauds these efforts to improve goods movement and address the coming “freight tsunami” expected to put severe strain on existing transportation infrastructure in the coming decades as the nation’s population grows. As Vice Chairman Duncan noted in his opening statement: “more than 250 million trucks carry freight on the highway system each year. Not every community has a railroad, airport, waterway, or port nearby, but people live, work, and shop along the nation’s four million miles of highways and roads…given the multi-modal nature of freight movement, it is important to examine the system as a whole.”
Appeals Court Sides with EPA on Clean Water Act Jurisdiction The U.S. Court of Appeals for the District of Columbia Circuit April 23 handed a widerange of development interests
a setback when it upheld the U.S. Environmental Protection Agency’s (EPA’s) withdrawal of a previously issued valid Clean Water Act (CWA) permit for a mining operation. The decision reversed a lower court opinion siding with ARTBA and other industry groups which held EPA had violated its authority when it revoked the permit. The appeals court decision on the mining operation’s case sets a troubling precedent that undermines the certainty of previously granted CWA permits. Now that EPA’s general authority to revoke the permit has been upheld, the case will go back to the lower court to decide whether or not the agency had a valid reason to do so in this specific case. ARTBA will keep you apprised on efforts to challenge this court decision.
EPA Agrees to Boost Transparency in Lawsuit Process The EPA agreed April 19 to post all notices of intent to sue the agency on its website. The EPA decision comes less than two weeks after ARTBA and more than 180 other associations and businesses, urged EPA to cease its practice of using a “sue and settle” method to resolve regulatory disputes. ARTBA’s concern about the EPA’s “sue and settle” practice is that in many situations an anti-growth group files a lawsuit against a transportation project or regulatory proposal, which then leads EPA to enter negotiations with the group to address their concerns. Posting notices of all pending lawsuits on its website will help alleviate fears that “sue and settle” negotiations are taking place without the
Federal Issues Program Hotel Deadline: May 2 ARTBA Special Rate Ends May 2 on If you plan to stay at the Hyatt Regency Washington Capitol Hill for the ARTBA Federal Issues Program (FIP), reserve your room today! The $309 per night rate is only guaranteed through May 2 nd. nd
Contact the hotel directly at 1.888.421.1442 or 202.737.1234. Be sure to reference the group code “ARTBA Federal Issues Program” to receive the reduced rate.
knowledge of the regulated community. View ARTBA’s previous letters on the “sue and settle” issue.
Non-Hazardous Coal Fly Ash Regulation May be “Adequate” The EPA noted April 22 that non-hazardous regulation of coal fly ash—a byproduct of burning coal— would be “adequate.” Coal fly ash is widely used by the transportation industry in production of concrete. EPA’s statement came as part of proposed power plant regulations to treat coal ash as non-hazardous in the context of power plant run-off. EPA still has not reached an overall decision on regulating coal ash as hazardous in other contexts, such as a concrete ingredient, and has said it may not before 2014. ARTBA has aggressively pressed EPA not to regulate coal fly ash as hazardous, noting such a designation could lead to its exclusion from use in projects such as roads and bridges which would increase infrastructure costs by $104.6 billion over the next 20 years.
Legislation Approved to Use AIP Funds to Prevent Air Traffic Controller Furloughs The House and Senate last week approved legislation intended to prevent further furloughs of air traffic controllers as a result of the sequestration—$85 billion in government-wide spending cuts—that went into effect March 1. Air traffic delays due to staff shortages have been widely publicized. Under increasing pressure, lawmakers coalesced around a proposal from Senator Susan Collins (R-Maine) that would allow a one-time shift of $253 million in Airport Improvement Program (AIP) formula funds that are turned back by airports to ensure full-funding of the nation’s air traffic control system. AIP funds support runway and other air side capital improvements. Airports typically return $400-$450 million in AIP funds and $700 million was carried over in FY 2012. Some members of Congress had sought to allow the U.S. Department of Transportation to shift funds from anywhere in its budget, including other modal programs, to prevent the cuts in air traffic operations.
Download a PDF copy of the digital “Washington Newsline.” ARTBA Washington Newsline
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TRANSPORTATION DEVELOPMENT INNOVATION
SHOWCASE
ARTBA is committed to help bring innovative products and services into the transportation design and construction marketplace—and to telling the public and their elected representatives how these innovations are providing solid returns on investment. In pursuit of these goals, ARTBA is proud to announce the start-up of a new, two-dimensional, digital marketing program for members: the Transportation Development Innovation Showcase (TDIS). For less than half the cost of buying a one-time, full-page magazine ad in a publication aimed at industry purchasing decision makers, the TDIS program will provide your firm with a first-class, digital marketing tool AND a sustained marketing program aimed at approvers and buyers. Here’s what you will receive: 1. An ARTBA team led by Matt Moore, a creative director with more than 20 years of award-winning broadcast video, advertising and multi-media experience—including three Super Bowl commercials—will produce a three-tofour-minute High Definition (HD) digital “infomercial” for your product or service. Each infomercial produced as part of the ARTBA TDIS will follow a simple, tried-and-true format designed to elicit action. They will state a problem to be solved or need to be met... explain how your product or service meets the need...provide testimonial support...and end with contact information for purchase follow-up. See what we did for Transpo Industries:
2. Once produced, we’ll help you put your HD infomercial to work for you for maximum, long-term brand exposure. It will be: • Permanently displayed on the ARTBA’s website, www.artba.org, as part of the heavily promoted “Transportation Innovation & Solutions Central” micro-site. This site will serve as home plate for DOTs, local agencies and others to discover the latest industry technologies, product and services, or other innovations; • Permanently posted on the ARTBA YouTube channel. ARTBA will email the link for your infomercial on the ARTBA YouTube channel in a special communication to over 10,000 transportation infrastructure design, construction and management executives and government officials; and • Aired at the annual ARTBA Dr. J. Don Brock TransOvation™ Workshop & Exhibit event.
Best of all, the price for this phenomenal marketing tool and promotions program is only $5,000 for ARTBA members ($7,500, non-members).
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For further information, contact: Allison Klein: 202.289.4434 or aklein@artba.org Peter Embrey: 202.289.4434 or pembrey@artba.org ART BA Washington Newsline
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