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:

• Bush's FY 2002 Budget May Not Fully Fund Air-21
• Under Presidential Order, EPA Delaysu Grant Programs
• Report Urges EPA to Reduce Urban Sprawl Through Clean Water Act
• Court Supports Copyrights by Standards Organizations
• Looking for an Event for Your Section or Branch Meeting?
• State Government Update
• ASCE Congressional Fellow's Report, January 2001

BUSH'S FY 2002 BUDGET MAY NOT FULLY FUND AIR-21
Preliminary reports have stated that the Fiscal Year 2002 budget currently being developed by the Bush Administration rejects the levels mandated in the Aviation Investment and Reform Act for the 21st Century (AIR-21) for aviation infrastructure programs. The budget plan recently sent by the Administration's Office of Management and Budget to the Transportation Department is said to provide about $300 million less for the airport grant program and air traffic control modernization than required under AIR-21, which was signed into law in April 2000. ASCE supports full funding of AIR-21.

UNDER PRESIDENTIAL ORDER, EPA DELAYS GRANT PROGRAMS
The Environmental Protection Agency (EPA) has delayed for 60 days the implementation of a new regulation that would streamline the requirements for environmental program grants to state and local agencies.

"In accordance with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, published in the Federal Register on January 24, 2001, this action temporarily delays for 60 days the effective date of the rule entitled Environmental Program Grants-State, Interstate, and Local Government Agencies, published in the Federal Register on January 9, 2001," the EPA said on February 7.

The effective date of the Environmental Program Grants State, Interstate, and Local Government Agencies is from February 8, 2001, to April 9, 2001. The regulation applies to new grants awarded after April 9, 2001, and may be applied to currently active PPGs, if agreed to in writing by the Regional Administrator and the recipient, the EPA added.

REPORT URGES EPA TO REDUCE URBAN SPRAWL THROUGH CWA
Smart Growth and the Clean Water Act (CWA), a new report from the Northeast-Midwest Institute, calls on the federal government to use the Clean Water Act to fight urban sprawl. The report suggests that the Environmental Protection Agency (EPA) ensure compliance with total maximum daily load (TMDL) regulations on a watershed basis so urban communities have flexibility in their compliance efforts. Incorporating urban land-use planning into the TMDL program can integrate land use plans and water quality impacts, the report states. The study also identifies ways in which federal, state, and local governments can reduce compliance costs and increase environmental benefits through the mutually reinforcing components of smart growth strategies and CWA programs. The report is available on the Institute's web site at http://www.nemw.org/SGCleanWater.pdf.

COURT SUPPORTS COPYRIGHTS BY STANDARDS ORGANIZATIONS
The U.S. Court of Appeals for the Fifth Circuit agreed that an association does not lose its ability to copyright model building codes once those codes are adopted by reference by a municipality. The decision upholds a U.S. District Court decision favoring the Southern Building Code Congress International (SBCCI) which had sued an individual that posted its model code on his web site. The court concluded that if code writing groups like SBCCI lose their incentives to craft and update model codes and thus cease to publish, the foreseeable outcome is that state and local governments would have to fill the void directly, resulting in increased governmental costs as well as loss of the consistency and quality to which standard codes aspire.

LOOKING FOR AN EVENT FOR YOUR SECTION OR BRANCH MEETING?
If you're looking for a new idea for your Section or Branch meeting, how about inviting an elected official to speak about infrastructure or related public policy issues in your community? The National Capital Section recently held a successful event with U.S. Representative James Oberstar, Senior Democrat on the U.S. House Transportation and Infrastructure Committee. Section President Frank Malits was instrumental in getting the Section organized to sponsor this event. The Hawaii Section hosted U.S. Representative Neil Abercrombie (D-HI) as a guest speaker at an August 2000 meeting. Rep. Abercrombie's speech was covered in the Honolulu Star Bulletin.

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.

QBS Proposal Alive in Virginia Budget Bill.
The QBS proposal that appeared to be defeated in the Virginia legislature is now alive in the state's budget bill. In the state's budget, the Virginia Department of Transportation (VDOT) would be authorized to use "reverse bidding," which involves VDOT listing a price it is willing to pay for specific design services. Such a proposal could seriously undermine Virginia's QBS procurement system, and lead to further commodification of engineering services.

Because of action by engineers across the state, the original QBS proposals were defeated. Many thanks to all of the ASCE members in Virginia who got involved by contacting their legislators about this issue, including the following members who informed ASCE of their communications:
James Anspach
Adan Cajina
Dennis Clark
Thomas George III
Carolyn Langelotti
Terry Legg
Robert Mc Dowell
T Howard Noel
Richard Rothblum
Sheldon Strickland

If you also contacted your legislator but were not listed here, let ASCE National know so we can give you the recognition you deserve.

State Legislation
The following bills were recently introduced in state legislatures across the country. If you have questions about particular legislation, please contact Austin Fulk, ASCE's Manager of State Government Relations.

Arkansas:
S.B. 242 expands the scope of the practice area of landscape architecture.

Colorado:
H.B. 1188 creates the classification of plumbing designers under the jurisdiction of the board of registration for professional engineers and professional land surveyors.

Indiana:
H.B. 1755 changes the length of duration for professional licenses, including those for engineers, from two years to four.

H.B. 2021 allows municipalities and state agencies, excluding the state Department of Transportation, to use the design-build method of procurement.

H.B. 2125 establishes standards for an applicant to register as a plumbing engineer.

S.B. 377 establishes a system for using state funds to pay for private septic systems and sewage disposal systems.

S.B. 544 would establish the Indiana Environmental Assistance Authority to administer the state's wastewater and drinking water revolving loan funds.

Kansas:
H.B. 2134 sets up new regulations for the establishment of new solid waste processing facilities and requires that they be planned by a professional engineer.

Maryland:
H.B. 126 would establish the State Board of Home Inspectors, to license and regulate home inspectors.

H.B. 147 changes the scope of practice for landscape architects, engineers, surveyors, interior designers, and architects.

S.B. 202 would create the Community Legacy Program to promote "smart growth."

Mississippi:
H.B. 848 would establish a state board to license and regulate home inspectors.

Missouri:
H.B. 425 sets up a notification center dealing with underground pipes and facilities, and requires all owners and operators of these facilities to become members of the system.

S.B. 320 authorizes a pilot program to test design-build for use in public procurement.

New Jersey:
A.B. 3154 permits the issuance of home inspector licenses to certain licensed professional engineers and architects.

New Mexico:
H.B. 230 and S.B. 166 require the use of performance contracting for state procurement.

New York:
S.B. 1250 would establish "blacklisting" regulations to prohibit entities from bidding on low-bid contracts if the entity has recently committed certain violations of law or regulations.

Texas:
H.B. 833 allows municipalities to use design-build for procurement.

Utah:
H.B. 176 exempts employees of soil conservation districts from licensing as professional engineers or land surveyors.

Virginia:
H.B. 2726 would require counties, cities, and towns to accept private site designs for septic and other on-site sewage treatment systems.

S.J.R. 400 calls on the state Department of Education to study the feasibility of providing model school design plans.

Washington:
H.B. 1155 changes the criteria for municipalities and other entities to be able to use design-build for procurement.

H.B. 1161 and S.B. 5357 authorize the Department of Licensing to establish engineer and land surveyor certificate and licensing renewal intervals, renewal fees, and renewal dates.

ASCE CONGRESSIONAL FELLOW'S REPORT, JANUARY 2001
January 2001 has been full of new beginnings. The 107th Congress started out with the swearing-in of the recently elected Representatives and Senators, including newcomers like Hillary Clinton and veterans like Ted Kennedy. Kennedy hosted a reception inviting constituents, campaign helpers, Kennedy family members, Congressional staffers, and many friends including some very prominent individuals (U.S. Supreme Court Justice Stephen Breyer and Health & Human Services Secretary Donna Shalala).

I had VIP tickets to President Bush's inauguration, which afforded me the opportunity to stand in the cold wet drizzle for hours in a dense crowd near the ceremony. Since I am too short to see above the sea of heads and umbrellas, the visual impact of this historic moment was less than impressive, however, I did hear the new President take his oath.

There is a scramble to reorganize the executive branch, including escorting out top officials and selecting new cabinet members and other appointees. I attended parts of the Senate confirmation hearings for Colin Powell for Secretary of State, John Ashcroft for Attorney General, and Gale Norton for Secretary of Interior. The tone of the hearings had a wide range: from a "lovefest" for General Powell, to jam packed (with environmentalists) for Ms. Norton, to boiling over for Mr. Ashcroft.

I continued my research on smart growth with an emphasis on economic and community development and education. I researched infrastructure issues pertaining to eliminating combined sewer overflows and started to develop an overview of the Big Dig, including organizing a tour of the Big Dig and Boston Harbor Clean Up projects. I had meetings and briefings involving: the World Trade Organization (WTO) with Representatives Sander Levin (D-MI) and Amo Houghton (R-NY) discussing the impacts of the increasing WTO dispute settlement decisions on issues ranging from tax policy to environmental policy; the American Heritage River Initiative on whether the program can continue to help locals decide how to clean rivers and develop their riverfronts with the change of Administrations; and the newly formed Congressional Natural Hazards Caucus lead by Senators John Edwards (D-NC) and Ted Stevens (R-AK). Our office reviewed the FY01 Omnibus package for Massachusetts appropriations and started to refocus on new transportation, environment and energy issues for the 107th Congress.

To better evaluate the then Interior Secretary-designate's viewpoints, I researched the hot environmental topics, including the Arctic National Wildlife Refuge (ANWR). ANWR has about 5.7 billion barrels of oil that are technically recoverable; however, current law requires Congress to enact a law to permit drilling. Past studies that range from recommending drilling to protecting the wilderness reveal politically motivated "facts." The current energy situation (e.g., no clear national energy policy, recent brownouts in California and high costs of gasoline and heating oil nationwide) combined with the new Bush Administration have forced this issue wide open.

To learn more about science education issues, I met with the Executive Branch from the Office of Science and Technology Policy and the Council on Environmental Quality. I attended several American Association for the Advancement of Science (AAAS) functions, including talks on global warming and higher education for the sciences and engineering and a seminar on the hot issues facing the 107th Congress with the American Geological Institute and American Geophysical Union. To fulfill my social responsibilities as an AAAS fellow, I organized a Chinese New Year dinner banquet for over 50 fellows.

Respectfully submitted,
Yumei Wang, P.E.
2000-2001 Fellow