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A bipartisan group of seven Senate Committee Chairs and Ranking Members sent a letter to Majority Leader Harry Reid and Minority Leader Mitch McConnell urging leadership to file cloture to move forward on a 6-month extension of the surface transportation bill to spur job creation and an economic recovery.  A cloture motion is necessary because several Republican senators object to the bill because of  budgetary concerns and will not allow an extension to be considered by the Senate without a cloture vote.   The Senate and the House have been at a standoff concerning how to proceed with reauthorization of the highway and transit programs. Until recently, Senate transportation leaders were supporting an 18-month delay, while the House passed a three month extension with the intent of keeping pressure on for enactment of a six year measure. The Senate leaders now support a six month extension to ensure that the program does not flounder while discussions proceed on a longer term bill. The programs have been operating under the terms of two short term extensions that were included in Continuing Resolutions the second one expires on December 18. The bipartisan letter pointed out that short term extensions mean less money is available for states, and do not provide states the certainty they need to keep crucial transportation projects moving forward.The letter was signed by Senator Barbara Boxer (D-CA), Chairman of the Committee on Environment and Public Works, Senator James Inhofe (R-OK), Ranking Member, Senator Chris Dodd (D-CT), Chairman of the Committee on Banking, Housing and Urban Affairs, Senator Richard Shelby (R-AL), Ranking Member, Senator John Rockefeller (D-WV), Chairman of the Committee on Commerce, Science and Transportation, Senator Kay Bailey Hutchinson (R-TX), Ranking Member, and Senator Max Baucus (D-MT), Chairman of the Committee on Finance.

The AGC Co-Chaired Transportation Construction Coalition (TCC) continues efforts to urge Congress to work towards enactment of a multi-year transportation bill with significantly increased funding to address the nation's long term and immediate economic problems. The TCC last week released a national survey of transportation contractors that reinforced the many challenges facing the U.S. transportation construction industry and the need for increased federal investment.  TCC organizations are now working on getting state business groups to sign onto a letter that will go to each state's Congressional delegation urging enactment of a well funded long term bill. In addition, a phone-in day is being organized to continue to keep the pressure on the Congress.    

The Transportation Construction Coalition, of which AGC is co-chair, sponsored a transportation event on Capitol Hill.  The event focused on the nation's infrastructure needs, the current reauthorization debate and how to finance the system of the future, and included a conversation about some of the environmental issues surrounding the transportation program.
While the $27 billion dedicated to highway construction in the $775 billion stimulus package likely saved thousands of construction-related jobs, it was not enough to prevent widespread lay-offs among road and transit construction businesses according to a survey released by the AGC co-chaired Transportation Construction Coalition.
A new video advertisement from the Transportation Construction Coalition, co-chaired by AGC, highlights the findings of a new study that shows 22,000 Americans die each year on deficient roadways.Watch the video here.For more information, contact Brian Turmail at (703) 837-5310 or turmailb@agc.org.

AGC and the Florida East Coast Chapter announced Friday that a $20.5 million stimulus-funded project to widen I-95 in Palm Bay, Fla., is helping member company Ranger Construction expand its payroll and retain dozens of employees facing layoffs.
The Senate Environment and Public Works Committee this week conducted three days of legislative hearings with over 50 witnesses providing testimony on S. 1733, the Clean Energy Jobs and American Power Act, introduced by EPW Chair Barbara Boxer (D-Calif.) and Sen. John Kerry (D-Mass.). The bill proposes to create a "cap and trade" regulatory program to reduce U.S. greenhouse gas (GHG) emissions to address global climate change concerns.  The legislation aims to reduce U.S. GHG emissions by 20 percent below 2005 levels by 2020 and 83 percent below 2005 levels by 2050.The U.S. House of Representatives passed its comprehensive energy and climate change legislation, H.R. 2454, the American Clean Energy and Security Act, in June. Proponents of climate change legislation in the Senate are coordinating at least five committees with jurisdiction over the issue and have signaled their intent to bring a comprehensive bill to the Senate floor as soon as possible following the debate on health care legislation. AGC has been working with stakeholders in the real estate, design, and construction industry to communicate the industry's concerns with energy and cap and trade legislation.  AGC is largely concerned that cap and trade would increase the cost of construction and that its impact on the economy would reduce demand for construction services.  AGC is also concerned with the transportation planning provisions in s. 1733 that would make planning for and building highway capacity projects more difficult. AGC has prepared a document Top Ten Things Contractors Need to Know about Climate Change  that summarizes AGC's concerns with energy and climate change legislation.  AGC encourages members to express their concerns with the Senate climate change bill by contacting their senators using AGC's Legislative Action Center .

After more than nine years of rulemaking and lawsuits, the Obama Administration has agreed to settle the long-standing legal dispute with safety groups and the Teamsters union over the truck driver hours of service (HOS) rules. Under the terms of the agreement, the Federal Motor Carrier Safety Administration (FMCSA) will have nine months from the settlement date (October 26, 2009) to forward a Notice of Proposed Rulemaking to OMB and 21 months to publish a final rule. The current rules will remain in place while the rulemaking is pending. The settlement reserves the right of the petitioners to go back to court if they don't like the resulting proposal.In 2003 the HOS rules were revised to permit 11 hours of driving time within a 14-hour period from the time a driver begins work, after the driver has been off-duty for a period of at least 10 consecutive hours. Under the 2003 rules, (which were re-issued in a 2005 rulemaking following the first legal challenge) a driver is limited to 60 hours on duty in a seven consecutive day period. AGC was successful in getting a provision in law, that was included in the 2003/2005 rules, permitting a construction driver to "restart" the weekly "clock" at any time after he or she has been off-duty at least 24 hours consecutively. The hours of service rule has been challenged in court numerous times by safety advocacy groups and the Teamsters Union. In July 2007, the U.S. Circuit Court of Appeals found that FMCSA did not follow proper procedural in drafting the rule but did not rule on the substantive merits of the rule itself.In late 2008, FMCSA issued a final rule retaining the provisions of the 2003/2005 rule, which was again challenged leading to this latest action.

With time running out on the thirty day extension on authorization for the highway and transit programs it remains unclear if the House and Senate can agree on how to proceed. The Senate has been attempting to move an eighteen month extension but that effort has been blocked by Senator George Voinovich (R-OH) who believes that a six year bill with increased funding levels is the best approach for transportation and for the economy. Senate Environment and Public Works Committee Chairman Barbara Boxer (D-CA) and Ranking Republican Jim Inhofe (OK) have now reached an agreement with Sen. Voinovich to move a six month extension to avoid disruption in funding while allowing time to continue to work on a long term authorization. The Senate is expected to take up the measure early next week.However, it is uncertain whether the House will agree to the six month extension. The House, following the lead on House Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN), passed a three month extension with the intent of continuing to press for enactment of a six year measure. Chairman James Oberstar today said he is still pushing for the three-month extension and hopes to try to win approval of a six-year bill by the end of the year.The Senate six month compromise will restore the $8.7 billion rescission that went into effect on September 30.There have been some discussions between House and Senate leadership and the Administration about increasing highway and transit funding in an extension bill as a way to stimulate job growth. With unemployment continuing to increase, the Administration is looking for ways to create jobs without taking up additional stimulus legislation. Since state DOTs have been largely successful in putting highway projects out to bid, increasing this funding is being considered. However, additional funding is not expected to be included in the Senate bill.