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This Week in Washington

For the Week Ending November 17, 2000

This weekly report is written by the American Society of Civil Engineers’ 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 by e-mail or at 202/789-2200.

Inside This Week:

  

1. OSHA PUBLISHES FINAL ERGONOMICS RULE
The Occupational Safety and Health Administration (OSHA) published its Ergonomics Program in the November 14, 2000 Federal Register as a final rule. Weighing in at 609 pages, the rule contains "action triggers" which identify jobs with risk factors of sufficient magnitude, duration or intensity to warrant action by employers. The impact of the rule has been estimated at an annual cost to businesses of $4.5 billion by OSHA and at over $90 billion by industry groups.

ASCE has expressed concerns about the proposed rule. A coalition of industry and insurance groups has filed a lawsuit in federal court to block implementation of the rule. Additionally, Republicans in Congress have expressed displeasure over the “rush” to publish a final rule. However, given their slim majority in the upcoming Congress, Republicans are unlikely to be able to overturn the rule.

A copy of the proposed rule, though very large and slow to download, is available online at http://www.access.gpo.gov/su_docs/fedreg/a001114c.html.

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2. PRESIDENT SIGNS SMALL WATERSHED DAM REHABILITATION BILL
On November 9, President Clinton signed into law (Public Law 106-472) the Small Watershed Dam Rehabilitation legislation. The measure had previously been given new life when the House of Representatives attached the major parts of the bill, formerly H.R. 728, to another piece of legislation, H.R. 4788, the "U.S. Grain Standards Act," which passed the House of Representatives on October 17 and the Senate on October 24. Section 313 of the legislation included the major parts of the Small Watershed Rehabilitation Amendments of 2000. The text of the legislation can be read at http://thomas.loc.gov/ by doing a search "by bill number" on H.R. 4788 and choosing the "Enrolled Bill."

The legislation authorizes $90 million over five years to provide up to 65 percent of total costs to a local organization for rehabilitation of structural measures of certain small watershed dams or decommissioning the dam if the sponsoring organization requests it. The Small Watershed Rehabilitation Amendments of 2000 is critical because lack of action will increase the probability of dam failures, resulting in the loss of human life and significant property damage. By the year 2020, more than 85 percent of all dams in the United States will be more than 50 years old, the typical useful life span. Some small watershed dams were originally constructed in rural areas that have since had homes and businesses built downstream. Consequently, these dams need to be rehabilitated to meet today's more stringent safety standards, or properly decommissioned, because of the possible loss of life and property if a dam should fail.

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3. CONGRESS RETURNS, THEN RECESSES
The lame-duck 106th Congress returned to session briefly during the week of November 13 to vote for a 16th continuing resolution that will keep the government funded until December 5. Congress then promptly adjourned, promising to reconvene in early December. Members from both parties expressed a desire to wait until the 2000 presidential election is decided before tackling the remaining five appropriations bills.

Before they adjourned, both parties held leadership elections for the U.S. House of Representatives. Following are the results of these elections. However, both parties have postponed committee leadership decisions, committee assignments, and the rest of their organizing agenda until December or January.

Republican leadership:

  • Speaker of the House - Dennis Hastert (IL)
  • Majority Leader - Richard Armey (TX)
  • Majority Whip - Tom DeLay (TX)
  • Republican Conference Chair - J.C. Watts (OK)
  • Republican Conference Vice Chair - Deborah Pryce (OH)
  • Republican Conference Secretary - Barbara Cubin (WY)
  • Republican Policy Committee Chair - Christopher Cox (CA)
  • National Republican Congressional Committee Chair - Tom Davis (VA)

Democratic leadership:

  • Minority Leader - Richard Gephardt (MO)
  • Assistant to the Minority Leader - Rosa DeLauro (CT)
  • Minority Whip - David Bonior (MI)
  • Democratic Caucus Chair - Martin Frost (TX)
  • Democratic Caucus Vice Chair - Robert Menendez (NJ)
  • Democratic Congressional Campaign Committee Chair - Not elected as of press time

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4. ASCE PRESIDENT MEETS WITH POLICY LEADERS
On November 15, ASCE President Bob Bein, P.E., F.ASCE, met with U.S. Army Corps of Engineers (USACE) officials, including Lieutenant General Robert B. Flowers, at the USACE Transition Conference at the Humphreys Engineer Center in Virginia. The purpose of the meeting was to provide specific recommendations to LTG Flowers, USACE Chief of Engineers, for the strategic direction of the Corps.

On that day, President Bein also met with his U.S. Representative, Christopher Cox (R-CA). They discussed upcoming issues for the 107th Congress including infrastructure financing and Science, Math, Engineering, and Technology education. If you’d like more information on meeting with your legislators, please contact Liz Hermsen, ASCE’s Manager of Grassroots Programs at lhermsen@asce.org or (202) 789-2200.

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5. DRINKING-WATER GRANTS TOTAL $2.7 BILLION SINCE 1996, SAYS EPA
The Environmental Protection Agency (EPA) has provided more than $2.7 billion in grants to all 50 states and Puerto Rico to capitalize revolving loan funds for infrastructure projects and to fund state and local activities since the Safe Drinking Water Act was amended in 1996, the EPA reported on November 13.

States have made almost 1,200 low-interest loans totaling more than $2.3 billion for drinking-water infrastructure projects to meet public health and compliance objectives, the Agency said. "Seventy-five percent of all loans have gone to small water systems," EPA reported.

A 1995 EPA survey of drinking water infrastructure needs identified a 20-year need of more than $138 billion. Approximately one-quarter ($37.2 billion) of this total national need is for small systems, which serve up to 3,300 people.

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6. 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 bill(s), 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 afulk@asce.org.

Gasoline Sales Tax in Illinois
The Illinois Senate voted this week by a 46-12 margin to repeal the state's five percent tax on the sale of motor fuels. In response to higher fuel prices, Governor George Ryan temporarily placed a moratorium on the tax in early June of this year, but the moratorium is set to expire January 1, 2001. To be enacted, the bill must now be passed by the State House, and signed by Gov. Ryan, who has already raised concerns about its potential impact on state revenues. It is feared that if passed, the measure will mean significantly less funding will be available for infrastructure spending.

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