Leadership Switch May Signal Climate Change Legislation

Following the successful bid of Rep. Henry Waxman (D-Calif.) for control of the U.S. House of Representatives’ Energy and Commerce Committee, the liberal House member must now confront the challenge of moving bills that moderate and conservative Democrats will endorse.

Waxman faces the heavy expectations of advancing an aggressive agenda with President-elect Barack Obama and, specifically, on topics such as energy policy, global warming, health care, and other key Democratic issues. However, the incoming chair must find ways to bring into the fold Democrats representing a broad range of regions and interests.

Key members of the moderate Blue Dog Coalition were in the corner of Chairman John Dingell (D-Mich.). In addition to blue dogs, another 15 freshmen Congressmen, representing districts with rural constituencies or heavy industry, will be coming into the 111th Congress in January.  

Committee Democrats also will not likely march in lockstep with Rep. Waxman, as the panel blends liberals such as Waxman and Rep. Jay Inslee (D-Wash.) with conservative members such as Rep. Gene Green (D-Texas), a strong voice for the oil-and-gas industry.

The Committee also faces a reorganization of its subcommittee chairs. There is speculation that Rep. Ed Markey (D-Mass.) may attempt to oust Rick Boucher (D-Va.) as chair of the Energy and Air Quality Subcommittee.  Rep.Markey is Chair of the House Select Committee on Energy Independence and Global Warming, which House Speaker Nancy Pelosi (D-Calif)  created in early 2007 over  Chairman Dingell's objections.

The select committee has no legislative authority but has been active, holding more than 50 hearings and is presently investigating the current Administration’s decisions on climate issues.

Contact Deidra Ciriello, Tom Carter, or Kevin Walgenbach.

Senate Leader to Introduce Cap-and-Trade,
Renewable Energy Bills

U.S. Senate Environment and Public Works Chairman Barbara Boxer (D. Calif.) plans to introduce a new cap-and-trade bill and other legislation that would provide billions in funding for renewable energy when the 111th Congress convenes in January.

Chariman Boxer said her cap-and-trade bill will be much more streamlined than the climate bill she crafted with Senators Joe Lieberman (I/D-Conn.) and John Warner (R-Va.) this year. It would direct the next Administration and the U.S. Environmental Protection Agency to set up a cap-and-trade system for greenhouse gases, taking the decision out of the hands of Congress, including allocations of hundreds of billions of dollars in emission credits.

The renewable energy bill would establish a grant program providing up to $15 billion per year for advanced biofuels and other technology to reduce global warming emissions under the Clean Air Act. Boxer emphasized the number of jobs that would be created through investment in green technology.  She further stated the first EPW Committee hearing of the 111th Congress will focus on that topic.

Other legislative priorities for the committee in the next session will include a transportation bill, the creation of “green” jobs, and legislation addressing air pollutants other than greenhouse gases.

Contact Deidra Ciriello, Tom Carter, or Kevin Walgenbach.

The Federal Motor Carrier Safety Administration (FMCSA) on Tuesday issued its long-awaited final rule on federal drivers’ Hours of Service (HOS) regulations. HOS regulations govern how many hours truck drivers are permitted to drive per day.

For more than a decade, there has been an ongoing battle between all who have a stake in operating commercial motor carriers and public safety advocacy groups.  Two pivotal events occurred during that time, including a 1996 announcement by the Federal Highway Administration, which stated it was going to review the federal HOS regulations that had been largely in place since 1937.   A second was in 2000, when the FMCSA proposed sweeping changes to HOS regulations.

From 2003 to 2007 the current HOS regulations have been heavily litigated, but changed very little. In July 2007, the United States Court of Appeals for the District of Columbia Circuit issued an opinion striking down certain aspects of the HOS regulations because the methodology for their implementation had not been subject to notice and comment. Later that year, after collecting data showing improvements in safety due to the current regulations, the FMCSA issued an interim final rule retaining the two vacated provisions and maintaining the status quo.

All HOS provisions taken advantage of by the ready mixed concrete industry remain intact. The final rule takes effect January 19, 2009, just one day before President-elect Barack Obama is sworn into office.

In related news,  the FMCSA announced on Tuesday it has sent its proposed rule on electronic onboard recorders (EOBR) to the White House for review. The rule would require commercial motor carriers with a poor HOS compliance record to use the EOBR’s instead of traditional logbooks. FMCSA Administrator John Hill told reporters he plans on having a final rule in place before January 20, 2009.

Click here to view the Final Rule, published in the November 19 Federal Register.

Contact Kevin Walgenbach.

Labor Department Issues Final Rule on
Family and Medical Leave Act

The U.S. Department of Labor last Friday released a final rule updating the Family and Medical Leave Act (FMLA) of 1993.

The final rule primarily focuses on extending the FMLA benefits to families of servicemen and servicewomen, as well as families of National Guard and Reserves members.

The new rule allows families to take up to 26 work weeks of leave in a 12-month period to care for a family member seriously injured or who has fallen ill in the line of duty. Families of National Guard and Reserve members also are now able to take FMLA leave to attend to child care and school matters; obtain financial, legal and counseling services; and to manage short-notice deployment.

The rule also provides employers more direct access to workers and their family members’ health information, reduces the time that employees need to give their employers notice of leave and adds new requirements before an employee can qualify for paid leave under the Act.

Click here to view the final rule published in Monday’s Federal Register. (Please note this is a 12.7 MB file.)

Contact Tom Carter or Kevin Walgenbach.

Questions about this newsletter? For more information or to unsubscribe, send an e-mail to info@cement.org