Senate Environment and Public Works Committee Passes Conformity Legislation

The Senate Committee considered and passed S. 1053, legislation reinstating the “grandfather clause.” On March 2, 1999, the court struck down the Environmental Protection Agency’s (EPA) “grandfather clause” (Environmental Defense Fund v. EPA) that allowed previously approved projects to go forward when a state did not submit an adequate air emissions budget. S. 1053 will “grandfather” projects that have undergone the scrutiny of a National Environmental Policy Act (NEPA) determination, and entered the project, specifications, and estimates (PS&E) stage. Projects that have reached the crucial time frame of planning and right-of-way acquisition will not be abruptly stopped if a state transportation plan violates its emissions budget. 

Clean Water Bill Introduced in the Senate: Senator Voinovich introduced S. 1699, the Clean Water Infrastructure Financing Act of 1999, and a hearing was held this week. The legislation would authorize $3 billion for FY 00-04 for state revolving funds. Similar to H. R. 2720, the bill provides more certainty to the SRF appropriations process since the Clean Water Act has been expired since 1991.   

AGC Provides Nationwide Permit Comments: Deadline for the second round of comments regarding the Corps of Engineers’ proposals to change nationwide permits to activity-based permits is today. AGC provided comments  encouraging the Corps to extend Nationwide Permit 26 rather than replace the current system. 

Make Your Opposition Known: AGC’s Board of Directors unanimously approved a resolution during the 81st  Midyear meeting opposing the Administration’s blacklisting regulations. These regulations politicize the federal procurement process. You can email the administration directly through AGC’s website (www.agc.org). The deadline for comments is November 8.  

Foreign Operations Appropriations Sent to President: Legislation to fund foreign aid programs in fiscal year 2000 narrowly passed the House and Senate this week and has been sent to President Clinton, who has threatened a veto.  Among other programs, this bill includes $24 million  for OPIC and $759 million for Ex-Im bank.   

House Squabbles over Managed Care Reform: The House has finally begun consideration of various managed care reform proposals seeking to provide greater access to health care.  AGC is concerned that several of these proposals could expose employers to lawsuits over health coverage and  increase health care costs.  Given the Senate’s opposition to expanded liability and President Clinton’s opposition to the health care tax package, a long and tumultuous conference is expected.    

Death Tax Relief Update: Congressional support for a minimum wage increase this year is strong, and Congress will likely pass an increase of $1 per hour.  Republicans may attach tax breaks for small businesses to any minimum wage increase, and among the proposals under consideration is limited death tax relief.    

Senate Approves FAA Reauthorization bill: The four-year bill funds the AIP at approximately $2.4 billion annually.  The House bill takes the Aviation Trust Fund off-budget and more than doubles the funding for AIP ($4.1 billion annually).  Please contact your Representative and Senators and urge them to support spending all aviation user-tax revenue on aviation system improvements.  You can reach them through the Capitol Hill switchboard at 202-225-3121.  

Senate Debates Ergonomics Rule: Today the Senate debated an amendment by Senator Kit Bond (R-MO) that would have delayed imposition of the controversial Ergonomics Regulations.  Democrats threatened to filibuster the amendment, which forced the Republicans to withdraw the amendment so that the Senate could continue to work on the labor appropriations bill.  After withdrawing the amendment, Majority Leader Trent Lott (R-MS) promised that the Senate would approve the ergonomics legislation before the end of the year.