This Week in Washington

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:

• Leadership Training in Government Relations
• OSHA Ends Clinton Era With New Rules
• Whitman Seeks 'Flexibility' in Environmental Protection
• ASCE Seeks Next Congressional Fellow
• Have You Completed the Infrastructure Survey?
• State Government Update

1. LEADERSHIP TRAINING IN GOVERNMENT RELATIONS

On March 6-7, 2001, ASCE will hold its first annual Leadership Training in Government Relations in Washington, DC. Participants will learn valuable skills that will help their Sections be more effective in dealing with government and the media, and will be able to put these skills into practice by meeting with their members of Congress while in Washington. Among the topics that will be covered are sessions on the legislative process and how to run a legislative campaign, how to promote ASCE's priority issues, coalition building, and dealing with and using the media. All ASCE members are invited to attend, and expenses will be paid for some participants. If you would like more information or an application to fund your trip to the training, please e-mail govwash@asce.org and ask for a copy of the application. Applications are due no later than February 2, and will be considered on an as-received basis; the sooner you submit your application, the better your chances are of being accepted.

2. OSHA ENDS CLINTON ERA WITH NEW RULES

The Occupational Safety and Health Administration (OSHA) closed out the Clinton Administration with two new rules. Additionally, the controversial ergonomics standards took effect on January 16. Officials of the incoming Bush Administration have promised industry to review the new rule and make modifications.

In the January 19th Federal Register, OSHA published final rules revising sickness and injury record keeping requirements for industry. Outgoing OSHA Administrator Charles Jeffress stated that the rules simplify overall record keeping requirements for employers. The full final rule can be accessed here: http://www.access.gpo.gov/su_docs/aces/fr-cont.html.

In the January 18th Federal Register, OSHA published final rules revising the construction industry 30-year old standards regulating steel erection. OSHA claims the rule provides greater protection and eliminates ambiguity and confusion. The rule was developed under the Negotiated Rulemaking Act of 1990, and was largely created by an advisory committee that included representatives of industry, labor and OSHA. The full final rule can be accessed here: http://www.access.gpo.gov/su_docs/fedreg/a010118c.html

3. WHITMAN SEEKS 'FLEXIBILITY' IN ENVIRONMENTAL PROTECTION

Christine Todd Whitman, President-elect Bush's choice to lead the Environmental Protection Agency, said this week that the new administration will grant state and local governments and industrial polluters more flexibility in meeting federal anti-pollution standards.

While promising to maintain a "strong federal role" in efforts to improve air and water quality and to clean up toxic waste sites, the two-term New Jersey governor told the Senate Environment and Public Works Committee on January 17 that the EPA frequently could achieve more through cooperation than by taking polluters to court or issuing stiff fines.

"We will work to promote effective compliance with environmental standards without weakening our commitment to vigorous enforcement of tough laws and regulations," she said. "We will offer the carrot first, but we will not retire the stick."

Some environmental groups have complained that she reduced New Jersey's environmental protection budget in her first term and relaxed enforcement of pollution regulations in favor of voluntary compliance. Her nomination generally won plaudits from Senate Republicans and Democrats and is expected to easily pass the Senate next week. But Sen. Hillary Rodham Clinton (D-N.Y.), a member of the committee, said later, "I'll be very concerned if there's any attempt to undermine the environmental [rules] instead of building on them."

4. ASCE SEEKS NEXT CONGRESSIONAL FELLOW

ASCE is recruiting a new congressional leader. Applications are now being accepted for the 2001-2002 ASCE Congressional Fellow. The Fellowship is an opportunity to spend a year on Capitol Hill working as a staff member either on a committee or for an individual member of the U.S. Senate or House of Representatives. This is an opportunity to gain hands-on knowledge of the congressional decision making process.

Congress makes important decisions on a multitude of technical issues, many of which directly impact how civil engineers conduct their professional practice. Congress will make these decisions with or without technical expertise. The ASCE Congressional Fellows program works to ensure that sound technical advice is available.

The selection process for the next Fellow is getting underway. The Fellowship year begins on September 1, 2001 and runs through August 31, 2002. Applications are due no later than April 6, 2001, with the selection of the Fellow by early June. ASCE will provide a stipend and some relocation expenses.

For more information or an application go to: /govnpub/congress/cf/cf-program.html or contact Martin Hight in the ASCE Washington Office by phone at 202-789-2200 or toll-free at 1-800-548-2723 ext. 5125 or by E-mail mhight@asce.org.

5. HAVE YOU COMPLETED THE INFRASTRUCTURE SURVEY?

As our nation gets ready to welcome its new leaders in Washington, ASCE is preparing a new Report Card for America's Infrastructure. The 2001 Report Card for America's Infrastructure will re-assess the 10 infrastructure areas that ASCE graded in its 1998 Report Card (roads, bridges, mass transit, aviation, schools, drinking water, wastewater, dams, solid waste, and hazardous waste), and examine two new categories (waterways and energy transmission). As with the 1998 Report Card. ASCE will not only report on the state of our nation's infrastructure, but will also offer viable public policy solutions that can be adopted by the 107th Congress.

Of course, ASCE's assessment of our nation's infrastructure would not be complete without your input and your observations on the condition of your community's infrastructure. In order to capture your comments effectively, ASCE's Communications and Government Relations Division is conducting an on-line survey to gather information about the latest issues and concerns surrounding your local infrastructure. The survey results will be used for the release of the 2001 Report Card and as a way to illustrate the problems and the policy solutions presented in ASCE's assessment.

To participate in the survey please go to http://www.zoomerang.com/survey.zgi?SY1RR5TBMNFV49NG4X5V3T9F We appreciate your time and expertise in answering these questions. The deadline for responding to the survey is Wednesday, January 31, 2001. If you have any questions or comments, please contact ASCE's Communications and Government Relations Division at govwash@asce.org.

6. STATE GOVERNMENT UPDATE

ASCE provides updates on individual state government matters affecting civil engineers. For more information on the following items, or any other state government relations matters, please contact Austin Fulk, ASCE's Manager of State Government Relations, at (202) 789-2200 or via email at afulk@asce.org.

The following state legislation of interest to ASCE members has been recently introduced:

Kentucky
H.B. 103 allows civil engineers to inspect and certify on-site sewage disposal systems.

Missouri
H.B. 230 requires any plaintiff filing a lawsuit against an architect, engineer, or surveyor to obtain a certificate of merit in the form of a second professional opinion from a like professional to the effect that the design professional being sued failed to use reasonable care in carrying out his/her job.

H.B. 267 places the State Board for Architects, Professional Engineers, and Professional Land Surveyors in charge of regulating landscape architects.

Oklahoma
H.B. 1051 establishes new statutes of limitations for a number of activities, including a limitation of six years for suing land surveyors for negligence in their jobs.

Virginia
QBS is under attack in two bills. H.B. 2520 and S.B. 1250 both allow the state Department of Transportation to interject price into the bidding process much earlier than had been previously allowed. There is a great deal of concern that these bills will undermine the QBS procurement process and push firms into "bidding wars" to obtain state contracts that will compromise quality.