Energy & Transportation Update
An Information Service of the AFI Energy and Transportation Committee
August 11, 2000
NCSL Lobbying Update
Electric Industry Restructuring
On June 21, Senate Committee on Energy and Natural Resources passed S.2071 (Senator Slade Gorton, R- Washington) settling on a reliability-only measure, although the Committee originally intended to pass a comprehensive bill. The Committee was divided on differences over federal-state jurisdiction and use of renewable energy sources. S.2071 authorizes the Federal Energy Regulatory Commission to adopt mandatory reliability standards while protecting state authority to ensure that energy transmission systems within states are reliable. Amendments to S.2071 seem likely, particularly on restructuring issues that the committee failed to address. Rep. Bliley (R-VA), chair of the House Commerce Committee failed to convene on the Senate bill or other electric restructuring bills prior to the August recess. He has said he hopes to pass electric-restructuring legislation this legislative season, but it is unlikely given the limited time available. In addition, Chairman Bliley will not seek re-election this year. Therefore, it is uncertain who the next Chair of the Commerce Committee will be and how the electric restructuring battle will be fought in the House.
.08 BAC Drunk Driving Mandate - Potential Loss of Highway Funds to States
When Congress reconvenes in September, conferees on the FY 2001 transportation appropriations bills will begin to sort out funding and policy differences. One of NCSL's most pressing concerns is a Senate-passed version of H.R.4475. The bill includes a provision which forces states to establish a .08 blood alcohol content (BAC) standard for drunk driving. States that fail to enact legislation by 2003 will lose 5 percent of their highway funding in FY 2004 and 10 percent thereafter. NCSL has lobbied heavily against the mandate. NCSL has distributed information to members of Congress on the impact of the proposed sanction and the existing efforts of states, under the incentive program established as part of TEA-21, using a range of innovative solutions.
News Update
Hours of Service Regulations
In early May, the Department of Transportation (DOT) drafted new regulations aimed at promoting highway safety by restricting commercial motor vehicle (CMV) driver work hours. Many electric industry representatives are in opposition of the regulations claiming that the rules inappropriately include utility service vehicle drivers operating CMVs. The utility industry claims the proposed regulations would significantly thwart the inability to respond to emergencies, resulting in unnecessarily prolonged utility service outages. Utility workers argue that
- industry studies have shown the utility industry accident/fatality rate is significantly below that of CMV drivers
- the public is more threatened from prolonged utility service outages
- utility workers are not subject to the same working conditions as long-haul drivers, primary responsibilities are to restore, maintain and repair electric facilities
If approved, the proposed federal regulations would override many of the existing state rules concerning how utility workers operate. After two postponements, the deadline for public comment on Hours of Service regulations has been set for December 15.
Questions about this publication should be directed to:
Eileen Doherty, (202) 624-8687, Committee Director
Laurie Holmes, (202) 624-8695, Committee Assistant
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