Transportation Interests Claim Victory as House Clears
Long-Term Funding Bill

The U.S. House of Representatives this week passed a $463.5 billion FY 2007 spending bill that funds numerous federal departments and agencies through the remainder of the fiscal year.

These programs were operating under a temporary stopgap measure known as a continuing resolution (CR) since October 1, 2006. The year-long funding measure provides full funding for the Federal-aid highway and transit programs at the guaranteed levels contained in SAFETEA-LU, the landmark surface transportation bill.

Following an intense lobbying effort by transportation groups, including NACA members, the final version of the CR provides a $3.4 billion increase for the federal-aid highway program for FY 2007. The transit program received a $474 million increase over the FY 2006 level. The CR also provides $1 billion for the Clean Water state revolving loan program, an increase of $197 million over the FY 2006 level.

While transportation and water infrastructure programs received funding boosts, other programs of interest to NACA members received funding cuts or were eliminated. For example, the CR virtually eliminates the Department of Housing and Urban Development (HUD) Partnership for Advancing Technology in Housing (PATH) program. This program spearheaded several research projects that have been successful in advancing the use of cement-based building systems.

The House-passed bill also eliminates $40 million for the Natural Resources Conservation Service's small watershed dam rehabilitation program. The funding bill now moves to the Senate Floor. Democratic leaders will have to muster 60 votes to cut off debate and pass the measure by the February 15 deadline.

Contact David Hubbard, Leif Wathne, Robert Sullivan, or John Sullivan.

Bill Aims at Renewing Wastewater Project Funding

On Tuesday, members of the U.S. House Committee on Transportation and Infrastructure (T&I) introduced H.R. 720, bipartisan legislation to renew the nation's commitment to the Clean Water state revolving fund (SRF) program, which provides low-cost financing for wastewater infrastructure projects. The Clean Water SRF has not been reauthorized since 1994.

T&I Committee Chair Jim Oberstar (D-Minn.) was joined on the bill as an original cosponsor by former Chair Don Young (R-Alaska) along with Rep. Eddie Bernice Johnson (D-Texas), Chair of the Subcommittee on Water Resources and Environment, and Ellen Tauscher (D-Calif.).

Specifically, the Water Quality Financing Act of 2007 (H.R. 720) amends the Federal Water Pollution Control Act (Clean Water Act) to authorize $20 billion in federal grants over five years to capitalize the Clean Water SRF program.

This funding will provide low-interest loans to communities for water infrastructure projects aimed at improving water quality. Since 1972, the federal government has provided more than $82 billion for wastewater infrastructure and other assistance.

Overall investment in the nation's infrastructure—including that from federal, state, and local sources—has been over $250 billion.

A full committee vote H.R. 720 is expected to occur on February 14th.

Contact Robert Sullivan or David Hubbard.

Executive Order Amends Regulatory Planning, Review Process

As part of a new initiative intended to shed more light into the development of regulations, President Bush issued an Executive Order on January 18, 2007. The action adds to the regulatory review process of the Office of Management and Budget (OMB), an agency within the Executive Office of the President, and sometimes referred to the President's watchdog on regulations.

The OMB was established under President Reagan. In particular, Executive Order 13422 directs regulatory agencies to designate a regulatory policy officer who must approve regulatory plans, including economic effects, before publication. The regulatory policy officer is a political appointee.

Perhaps the most noteworthy aspect of the order addresses requirements for the development of agency good guidance practices. Currently there are tens of thousands of guidance documents issued by federal regulatory agencies.

Agencies must now develop written procedures for approval of "significant" guidance documents. Additionally, agencies must give OMB notice of planned significant guidance documents.

"Significant" is broadly defined. Agencies must also provide web access to all such documents. The executive order is certainly an innovative development in the regulatory review process.

The amendment requires more transparency and accountability within agencies and will strengthen the overall process.

Contact Tom Harman or Robert Sullivan.

Ozone Paper Calls for Stricter Standard

The science staff at the U.S. Environmental Protection Agency has released a paper recommending the Agency consider setting a national ambient air quality standard (NAAQS) for ozone below the current level, which was set in 1997.

The 1997 standard was set at 0.08 parts per million (ppm), averaged over eight hours. The staff paper calls for a reduction below that level, possibly to as low as 0.06 ppm.

An earlier draft of the staff paper contained a range of 0.07 to retaining the current standard, but EPA's Clean Air Science Advisory Committee recommended a range of 0.055 - 0.07.

In accordance with a consent decree between EPA and the American Lung Association, the proposed rule is due June 20, 2007, while the final rule March 12, 2008.

Click here to view the EPA fact sheet and the final staff paper

Contact Tom Carter.

States, European Union Emulate California Climate Approach
Meanwhile, another Senate bill aims at reducing greenhouse gas emissions

Pennsylvania and Rhode Island have joined California and other states in taking action to limit emissions of carbon dioxide and other greenhouse gases.

At this point, most northeastern, northwestern, and southwestern states have started the process of addressing climate change in the absence of federal action on the issue.

Also, the European Union, which previously initiated a cap-and-trade program for stationary sources, has followed the California model of addressing emissions related to mobile sources. The new EU focus is on emissions from the production of gasoline and diesel fuel and its combustion in cars and trucks.

In other climate news, on Thursday Senators John Kerry (D-Mass.) and Olympia Snowe (R-Maine) introduced the fifth Senate climate bill in the past month, calling for a reduction of U.S. greenhouse gas emissions of 65 percent below 2000 levels by 2050.

This bill means that a Congressional Research Service analysis of the previous four Senate bills released the day before is already dated.

Contact Tom Carter or Jessica Hogel.

Corps of Engineers Releases List Levees at Risk

The U.S. Army Corps of Engineers yesterday released its list of 122 levees it considers to have unacceptable maintenance inspection ratings.

An unacceptable maintenance rating means a levee has one or more deficient conditions that can reasonably be foreseen to prevent the project from functioning as designed.

Examples of maintenance deficiencies include animal burrows, erosion, tree growth, movement of floodwalls, or faulty culvert conditions.

The list covers levees from New England to the South and the West coast. Of the 27 states plus the District of Columbia and Puerto Rico that have substandard levees only California, with 37, and Washington state, with 19, had more than five.

Contact John Sullivan.

Contact John Sullivan.

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