... LEGISLATIVE UPDATE

Democrats Take Control of Congress

Tuesday's election marked the first time the Democrats will have control of both the U.S. House of Representatives and Senate since 1994.

In the Senate races, the Democrats came away with 49 seats, plus seats occupied by two Independents who will caucus with them, thereby creating a 51 seat majority. The GOP will hold 49 Senate seats.

In the House, the Democrats gained 29 seats so far to bring their total to 229 while the GOP holds only 196 seats.

Incoming House Democratic Leader Nancy Pelosi (D-Calif), set to become the first female Speaker in history, said Wednesday she would be "the speaker of the House, not the speaker of the Democrats."

Senator Minority Leader Harry Reid, (D-Nev.), who will become Majority Leader, echoed a similar sentiment, indicating that the Senate Democrats want to work with the Republicans to get things done.

"We want to be part of a Congress that functions," Reid said.

For more information, contact: Robert Sullivan, David Hubbard, John Shaw, or Jim Kolb.

Hill Says Agency to Issue Long-Awaited Rules

Federal Motor Carrier Safety Administration Administrator John H. Hill recently reported his agency expects to publish several long-awaited rules early next year.

According to Administrator Hill, six rulemakings, including rules covering electronic onboard recorders and hours-of-service supporting documents, were in the queue awaiting final approval at the Office of Management and Budget (OMB).

Hill said that he anticipated that the rules would not be released by OMB until the end of the year, which means that FMCSA would not be able to publish them until after the first of the year.
(Source: Transport Topics).

Contact: Robert Sullivan.

Highway Agency Reports Environmental
Cost Impacts of Highway Projects to Congress

As requested by the U.S. House Appropriations Committee, the Federal Highway Administration (FHWA), last week submitted its "Report to Congress on Costs Associated with the Environmental Process: Impacts of Federal Environmental Requirements on Federal-aid Highway Project Costs."

In its report, the FHWA said the research will help expand "the industry's understanding of the Federal estimates putting the average environmental costs of highway projects at around 8 percent of project costs are based on limited data and should be considered only as an indicator of such costs."

The agency was asked to provide information on environmental costs associated with the project itself, costs associated with preparing the environmental documentation, and other related costs associated with the time it takes to complete the environmental process.

It examined research results described at a meeting of environmental and ecology committees of the Transportation Research Board on July 11. But the agency cautioned that the data are limited.

"It is important to reemphasize that there are many limitations inherent in environmental cost estimates and that it is problematic to use these percentages to extrapolate nationwide costs of meeting Federal environmental requirements," the agency said.

FHWA explained that the environmental cost studies developed to date "all rely on very limited data and are not statistically reliable for determining nationwide general compliance costs."

Click here for a complete copy of the report to Congress.

Contact: John Sullivan or Jim Kolb.

Shift of Power Deals Immediate Impact on Key Issues

When control of the House and Senate shifts to the Democrats in the 110th Congress, it will signal a dramatic change in the fortunes of legislation of interest to members of NACA.

Among the list of issues likely to be headed for the "scrap heap":

OSHA reform (including multiple bills that have passed the House in the 109th Congress only to languish in the Senate)

• Association Health Plan/Small Business Health Plans legislation
• Permanent repeal of the Death Tax
• Legislation to implement a national statute of repose for product liability lawsuits
• Legislation to prohibit the use of non-consensus standards in OSHA rulemakings.

A bill that has sparked concern among NACA members because it would grant especially favorable tax depreciation for installation of sprinklers (ignoring compartmentation with noncombustible materials) may be fatally wounded because its prime sponsor, Rep. Curt Weldon (R-Pa.) was soundly defeated. Supporters of the bill will likely seek a new champion in the 110th Congress, but it is always a setback to suffer the loss of a bill sponsor.

Conversely, the Democratic takeover may create new opportunities. It is possible that the Democrats will reach an agreement on comprehensive immigration with a bill that would be less punitive to employers than the bill passed by House Republicans this year.

It is possible that various enhancements for workforce training, increased funding for infrastructure development and energy conservation in buildings could receive a more favorable audience next year. Some of these issues may receive attention in the lame duck session that begins next week as Republicans scramble to complete as many issues as possible before adjourning sine die.

The legislative situation is very fluid and the dynamics of lame duck sessions make specific predictions impossible, but lobbying-capable organizations will be making last-ditch efforts to pass favored legislation that has any chance of movement, or kill bills they oppose.

Contact: Randy Pence.

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