Energy & Transportation Update
An Information Service of the AFI Energy and Transportation Committee
October 3, 2000
Vol. I, No. 6
Lobbying Update
.08 BAC Mandate Appears Likely
Conferees on the FY 2001 transportation appropriations bill (H.R. 4475) may have reached a tentative agreement on the remaining issues that stalled the conference report on the bill. Among the most controversial is the .08 blood alcohol content (BAC) provision. It has been rumored the lawmakers have decided on punitive sanctions for states that fail to adopt a .08 BAC drunk driving standard. It is rumored that the provision would sanction states two percent of their federal highway funds in FY 2004 and an additional two percent each year thereafter. The two percent sanction represents a reduction from the original five percent sanction in 2004 and ten percent in 2005 proposed in the Senate bill. The reduction is likely the result the opposition from state and local stakeholders. However, because some conferees are opposed to the provision, it could be challenged when the conference committee finally meets. NCSL strongly opposes the mandate and sanctions arguing TEA-21 signed into law in 1998 established incentive funds for states enacting the .08 BAC standard and these incentives should remain intact. The conference committee meeting will most likely take place today, October 3. NCSL's lobbying letter concerning the .08 BAC provision can be found at www.ncsl.org/statefed/BACltr2.htm.
High-Speed Rail Investment Act
Last week, the Senate Finance Committee made numerous attempts to markup H.R. 4923, the "Community Renewal and New Markets Act of 2000", but failed to produce a bill to send to the floor. Because the bill started out as non-controversial, Senators quickly attempted to attach nearly 100 amendments. During the Senate Finance Committee Executive Meeting on September 28, Senate Finance Committee Chairman Roth (R-Delaware) abandoned efforts to hold a markup on the bill but plans to reintroduce the bill this week.
One of the attached bills that has survived the reintroduction is S. 1900, the "High-Speed Rail Investment Act." The bill would authorize Amtrak to issue $10 billion in bonds for high-speed rail corridor development with an accompanying state match effort, as well as 10 percent for non-high-speed rail improvements. The bonds would be sold within a ten-year time period. The States must make matching contribution of at least 20 percent of the cost of the project. Amtrak is required to spend at least 90 percent of the capital on the development of the nation's improvement of train speeds and/or safety on high-speed rail corridors but will only be able to spend 30 percent of the funding on a single corridor. The remaining amount may be used for rail development such as station rehabilitation, track improvements or elimination of grade crossings. You can read NCSL's lobbying letter on S.1900 at www.ncsl.org/statefed/S1900.htm.
News Update
Pipeline Safety
Pipeline Safety legislation, S. 2438 introduced by Arizona Senator John McCain, was passed in the Senate September 7, 2000. The bill would reauthorize the Hazardous Liquid Pipeline Safety Act and the Natural Gas Pipeline Safety Act. The legislation would increase penalties for violations of pipeline safety laws and require pipeline operators to conduct periodic inspections. The bill would also increase state authority of inspection and oversight to interstate pipelines as long as states are consistent with DOT's inspection program and safety policies. Reps. Dingell (D-Mich) and James Oberstar (D-Minn) recently voiced concerns over S. 2438. The two congressmen argue the bill falls short of making reforms on enforcement of the regulations and DOT's jurisdiction of the frequency of pipeline inspections. Oberstar and Dingell wrote a letter earlier this month to the House of Representatives stressing to the members there are other options than simply adopting the Senate bill. The issue has become a priority since pipeline explosions in Washington and New Mexico killed a total of 15 people. In addition, a report by GAO released in June revealed that the rate of pipeline accidents is increasing by four percent a year. This is due in part to aging infrastructure. Almost a quarter of gas transmission pipelines are more than 50 years old. However, GAO also found that the OPS had not implemented 22 statutory requirements, including 12 provisions from 1992 or earlier. Many members of the House are supportive of stronger provisions proposed in the House, but many are doubtful the House can pass a bill before Congress adjourns.
NCSL Contact:
Eileen Doherty
(202) 624-8687
eileen.doherty@ncsl.org
|
