The Week Ending March 24, 2000
This weekly report is written by ASCE's Government Relations staff. If you have questions or comments about any items in this report, please contact Brian Pallasch, Michael Charles, Martin Hight, Austin Fulk, or Liz Hermsen at 202/789-2200.
Inside This Week:
Senate Will Vote on Bills to Temporarily Repeal Gas Tax
Early next week, the Senate plans to conduct a test vote on two bills, introduced by Majority Leader Trent Lott (R-MS), related to the federal excise tax on gasoline. One bill (S. 2263) would temporarily repeal, from April 15, 2000 to January 1, 2001, a calculated but not yet specified amount of the entire 18.4 cents per gallon federal excise tax on gasoline. The other bill (S. 2262) would temporarily repeal, for the same time frame, only the 4.3 cents per gallon increase that Congress approved in 1993.
However, since the gas tax revenues are directly deposited into the Highway Trust Fund under the Transportation Equity Act of the 21st Century (TEA-21), any cut in those taxes could reduce highway funding to all states. The 4.3 cents tax on gasoline and diesel fuel generates $7.2 billion annually for the Highway Trust Fund while the same tax on aviation fuel provides about $700 million per year for the Aviation Trust Fund. Under TEA-21, all highway programs are decreased proportionally if tax revenues fall short. Though the 18.4 cents per gallon, and the inclusive 4.3 cents per gallon increase in 1993, is labeled as a tax, it is really a user fee - it helps to ensure that highway users pay for highway programs and air travelers pay for airport infrastructure.
Both S. 2262 and S. 2263 contain language that would transfer funds from non-Social Security surpluses in the federal government?s general treasury to the Highway Trust Fund in order to make up the difference in the lost taxes. "But where is that going to come from?" Senator Max Baucus (D-MT) asked. "Right now, the Budget Committee can?t find $10 [billion]" in additional funds.
Thanks to all ASCE Key Contacts who contacted their Senators to urge the protection of highway trust funds.
Chair of Senate environment Panel Opposes Oil Drilling in Arctic
In a surprise move, Sen. Bob Smith (R-NH) indicated this week that he opposes any effort to open the Arctic National Wildlife Refuge (ANWR) in Alaska to oil exploration.
"The Arctic National Wildlife Refuge is a truly unique, pristine ecosystem, and I believe that we should not damage it," said Smith, the chairman of the Senate Environment and Public Works Committee, in a letter to New Hampshire environmentalists. "I believe strongly that I have an obligation to preserve that pristine wilderness."
The ANWR has been the target of numerous efforts to open it to oil-drilling in recent years. New pressures erupted after domestic oil prices began rising sharply this winter. Current federal law prohibits oil and gas exploration on the 19-million acre Refuge, which was created in 1960. The Clinton Administration opposes any effort to open the Refuge to commercial oil and gas operations.
The coastal plain of the ANWR in the northeast corner of Alaska is believed to be the most promising U.S. onshore oil and gas prospect. This federal land -- administered by the Department of the Interior?s Fish and Wildlife Service -- could yield as much oil as the giant field at Prudhoe Bay, which is on state land west of ANWR.
Proponents of development cite, in particular, the benefits to the Alaskan and national economies and to the balance of trade. The Refuge also is home to a wide variety of plants and animals. The presence of caribou, polar bears, grizzly bears, wolves, migratory birds, and many other species in a nearly undisturbed state has led some to call the area "America's Serengeti."
Smith said any new oil found in the Refuge would not come to market before 2005 at the earliest. "The long- and short-term benefits of drilling in the Refuge do not justify the exploitation of this treasure," he added, calling on Congress to set aside the Refuge as a wilderness area for all time.
FAA Getting Ready to Release Airport Grants
The Federal Aviation Administration (FAA) is preparing to release $1.8 billion in airport grants once the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) is signed into law. "We plant to get the allocations out within three to four weeks max," FAA Acting Associate Administrator for Airports Woodie Woodward said. "We are pushing for even shorter than that." However, while President Clinton has indicated he would sign the bill, the White House has not yet announced a date for AIR-21 to be signed into law because the President is traveling overseas.
The airport construction money has remained in limbo since last year because the House and Senate could not previously come to an agreement on AIR-21, the long-term spending authorization for the FAA and Airport Improvement Program. Congress passed the bill earlier this month.
Congress Likely to Increase High-Tech Immigration
Congress is working on numerous bills (S. 2045, H.R. 3814 and H.R. 3983) which would increase the caps on H-1B visas by 45,000 to an annual total of 160,000. H-1B visas are issued to workers in technical fields to compensate for what supporters say are shortages of qualified workers. The legislation is strongly supported by high-tech industry that claims to have difficulty in finding workers with the appropriate degrees in math and science.
Other groups, including the Institute of Electrical and Electronic Engineers (IEEE), have questioned the need for the additional workers and have raised concerns about the conditions of employment for H-1B workers. H-1B workers must stay with the company that applied for their visa for up to six years. ASCE has recently drafted a Resolution urging Congress to delay consideration of expanding the cap limits until a study by the National Research Council is complete. That Resolution is awaiting approval by the Executive Committee of ASCE?s Board of Direction.
State Legislative Update
ASCE continues to provide updates on state legislation affecting civil engineers as state legislative sessions progress. For more information on the following bills, or any other state legislative matters, please contact Austin Fulk, ASCE?s Manager of State Government Relations, at (202) 789-2200 or via email at govwash@asce.org.
California
As has been noted earlier in This Week in Washington, the California Board for Professional Engineers and Land Surveyors is in danger of being discontinued by the state legislature. In response, S.B. 2030 has been introduced, which would allow the Board to exist indefinitely. If the Board were sunsetted, regulation of engineers would be transferred to the Department of Consumer Affairs, with no official input into the regulatory process by engineers.
California has also seen a flurry of legislation introduced dealing with engineering issues and schools. A.B. 1908 would change state law to specify that design plans, specifications, and estimates created by an architect or engineer for a school district remain the property of the designer and not the school district. The documents would remain the property of the school district only for information and reference purposes, while the designer would retain all other legal rights to the documents, including copyright. S.B. 1729 would require school districts to conduct a seismic evaluation of any site that they wish to acquire for building a school. Currently, only sites in certain geological zones must be evaluated. The bill would also require state-level monitoring of school district seismic hazard mitigation measures. Also, A.B. 2791 would authorize the Division of the State Architect to issue a stop work order on construction of a school building when the work on it is not being performed in accordance with existing law.
Connecticut
Connecticut's H.B. 5321 would require the State Department of Education to develop reasonable cost standards per square foot of construction, and penalize school districts that exceed those costs in building or renovating schools. The bill would also order the State Department of Education to examine the possibility of creating model architectural plans for new school buildings and penalizing school districts that do not utilize these plans. This bill has the danger of subverting Qualification Based Selection standards and moving towards a low bid procurement system, and does not take into account local variations that may require different designs or increase the costs of new school facilities.
