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This Week in Washington

For the Week Ending March 23, 2001

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:


ASCE Supports Tornado Safety Bill
ASCE has endorsed legislation to permit the use federal Housing and Urban Development community block grant funds to construct tornado-safe shelters in manufactured home parks. The legislation, H.R. 247, the "Tornado Shelters Act," was introduced by Rep. Spencer Bachus (R-AL) and has been fast-tracked directly to the House floor and is likely to be considered in the near future.

The bill would extend to mobile home owners and residents the same benefits now given to low-income individuals living in apartments and single-family homes. Under the bill, shelters could only be built in communities of 20 or more mobile homes and where a tornado has touched down in the recent past.

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Mineta Supports Market Solutions to Airport Congestion
Speaking to a group of aviation officials, U.S. Secretary of Transportation Norman Mineta stated that the Department of Transportation would push market-based solutions to address congestion at the nation's busiest airports. While Secretary Mineta did not give specific details, peak-hour pricing at the nation's busiest airports is likely to be considered. By charging airlines more to take off and land at peak times, it is believed that airlines will be forced to spread out flight times more evenly.

ASCE’s 2001 Report Card for America's Infrastructure gave the nation's aviation system a "D." In the Report Card, ASCE stated that while air traffic has increase by 37 percent during the past 10 years, airport capacity has increased only one percent. The Report Card is available on the web at /reportcard.

Secretary Mineta stated that he is spending 80 percent of his time dealing with aviation issues. He noted that the President has asked him to "just keep aviation off the front page above the fold." Mineta said that he would be working with airlines, airports and others to find both short-term fixes and long term solutions to aviation gridlock.

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ASCE Urges Increased Funding for Wastewater and Drinking Water in FY 2002
Congress needs to spend at least $12 billion in fiscal year 2002 to upgrade wastewater treatment plants and aging sewer pipes around the nation, ASCE stated in testimony before the VA-HUD, and Independent Agencies Subcommittee of the House Appropriations Committee on March 21. Congress also ought to approve funding of $1 billion for drinking-water systems, the maximum allowed by law in FY 2002, according to ASCE.

"The President has proposed total funding of $3.3 billion for critical [wastewater and drinking-water] programs, an amount that we believe is totally inadequate," said Larry Roth, Assistant Executive Director and Chief Operating Officer of ASCE.

"Over the next 20 years, America's water and wastewater systems will have to invest $23 billion a year more than current investments just to meet the existing national environmental and public health priorities in the Clean Water Act and Safe Drinking Water Act and to replace aging and failing infrastructure," Roth added.

Roth also urged support for full funding of the National Dam Safety Program Act, enacted as part of the Water Resources Development Act of 1996, which is set to expire in FY 2002. The reauthorization of the act will be a priority for ASCE in the 107th Congress. "Total authorized program funds for FY 2002 are $5.9 million, including $4 million for grants to participating states, $1 million for research and $500,000 for training. ASCE supports funding for all National Dam Safety Program Act activities at their authorized levels," he said.

The budget for Project Impact in the Federal Emergency Management Agency (FEMA) was zeroed out by the Administration. Roth said Project Impact -- a nationwide public-private partnership designed to help communities become more disaster resistant is "precisely what Congress should be funding, in an effort to avoid paying the much higher price after a tornado, earthquake or hurricane hits a local community." ASCE recommended that Congress fully fund Project Impact at the FY 2001 appropriated level of $25 million.

A complete copy of the ASCE’s testimony is available in PDF format at /pressroom/publicpolicy/index.cfm. Scroll down and click on testimony under "Related Articles."

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EPA Seeks to Kill New Standards for Arsenic in Water
The Environmental Protection Agency (EPA) will propose to withdraw a final regulation that would require stringent new standards for arsenic in drinking-water by 2004. The rule, adopted by the Clinton Administration in January, would have reduced the acceptable level of arsenic in water from 50 parts per billion (ppb) to 10 ppb.

"While scientists agree that the previous standard of 50 parts per billion should be lowered, there is no consensus on a particular safe level. Independent review of the science behind the final standard will help clear up uncertainties that have been raised about the health benefits of reducing arsenic to 10 parts per billion in drinking water," the EPA said on March 20.

EPA will seek independent reviews of the science behind the 10 ppb standard and of the estimates of the costs to communities of implementing the rule.

The 50 ppb arsenic standard for drinking water was set by EPA in 1975, based on a Public Health Service standard originally set in 1942. In March 1999, the National Academy of Sciences (NAS) completed a review of updated scientific data on arsenic and recommended that EPA lower the standard as soon as possible. Although the NAS did not recommend a specific numeric level, its recommendation formed the basis for EPA's proposed standard.

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State Legislative Update
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 at afulk@asce.org.

Iowa Senate File 478 allows counties to adopt legislation requiring construction of storm shelters at manufactured home communities constructed after July 1, 1999, and sets standards for these shelters.

Minnesota
H.F. 1899 provides for the state Department of Transportation to use either low-bid or best value design-build procurement for up to 10 percent of its annual procurement.

S.F. 1714 would allow Hennepin County to use two-phase design-build procurement for construction.

S.F. 1811 allows for a transfer of a public drainage system to a water management authority.

North Carolina
H.B. 644 establishes the North Carolina Turnpike Authority to examine expanding private roadways in the state.

Wisconsin
A.B. 215 places a moratorium on discharging dredge or fill material into wetlands for which Army Corps of Engineers permits were formally required.

Correction: Kentucky's H.B. 347 would prohibit the same firm from bidding and being awarded a job as both its design builder and also as its construction manager. It would not prohibit the use of design-build procurement.

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