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Transportation & Infrastructure Committee Schedules Mark
Up
House Transportation and Infrastructure Chairman Bill Shuster (R-Pa.)
announced Wednesday that the committee is scheduled to take up
transportation legislation on Thursday, Oct. 22. Details on the bill will
start to be released tomorrow to allow time for committee members to review
the text before the markup begins next week. The current extension of
highway and transit programs ends Oct. 29 and it is expected that another
short-term extension will be necessary to allow time for the House to
complete action and conference with the Senate to negotiate the final bill.
The Senate passed its version of a multi-year highway and transit bill,
called the DRIVE Act, back in July. That legislation authorizes six years
of funding with modest annual increases but only provides enough additional
revenue to cover three years of the shortfall. The revenue comes from a
transfer of general fund revenue that is offset by a variety of tax code
tweaks and other revenue enhancers. Some of these pay-fors are
controversial.
AGC
sent a letter to the House Ways and Means Committee strongly encouraging
that they consider a combination of increasing existing user fees and
dedicating new fees to the Highway Trust Fund as options to fill the
six-year shortfall and create a basis for long-term trust fund solvency.
AGC again provided a chart which identifies multiple sources of revenue
tied to transportation that could be used to fund the highway and transit
programs long term. AGC has provided this list of options on numerous
previous occasions.
Court Issues Nationwide
Stay of EPA/Corps Regulation Redrawing Clean Water Act Jurisdiction
The United States Court of Appeals for the Sixth Circuit has issued a
nationwide stay of the new federal regulation redefining “waters of the
U.S.” (WOTUS) for the purposes of the Clean Water Act. The U.S.
Environmental Protection Agency and U.S. Army Corps of Engineers finalized
the new regulation in an effort to clarify the scope of the statute’s
requirements. The questions that lie at the heart of this and several
other cases is whether the federal agencies went further than the Clean
Water Act statute permits and whether they followed the appropriate
procedures. The court’s order blocks the implementation of the new
rule nationwide and preserves the status quo until the court can decide
whether it has jurisdiction over the case. In an odd twist, the 18
states that filed the lawsuit were the ones arguing that the case actually
belongs in a lower court.
The court exercised its discretion to freeze the status
quo for several reasons. The “sheer breadth” of the new rule and its
“ripple effects” on the 18 states were certainly among them. The
uncertainty that this and other pending cases have created was
another. However, the most interesting reason was the court’s
determination that the petitioners had “demonstrated a substantial
possibility of success on the merits of their claims.” The court
found it “far from clear” that the new regulation is “harmonious” with the
Supreme Court’s prior rulings on the statute. The court also found
that the federal agencies had “not persuasively rebutted” the state’s
claims that the agencies had improperly failed (1) to give the public
proper notice that they might write certain “distance limitations” in the
new rule or (2) to identify scientific support for the limitations they
chose.
One judge did dissent, but he did not, in the process,
comment on the merits of the case. Rather, he insisted that it was
inappropriate for the court to exercise its discretion to issue a stay
before the court had determined that it has the power to decide its
merits.
This
ruling comes on the heels of a lower court ruling that also cast doubt on
new regulation. In late August, the U.S. District Court for the
District of North Dakota issued a preliminary injunction against the
implementation of the new rule in the 13 states that had requested the injunction.
"The risk of irreparable harm to the States is both imminent and
likely," he wrote, adding that, "on the whole, the greater public
interest favors issuance of the preliminary injunction."
ODOT
Introduces New Division
On Friday, October 9, the Ohio Department
of Transportation held a meeting to introduce its newest Division – the
Division of Opportunity, Diversity, and Inclusion. ODOT Director
Jerry Wray started the meeting off, relating that the focus of the new
Division would be more than just ensuring compliance, it would be about
ODOT’s commitment and achieving results. ODOT Chief of Staff Matthew
McAuliffe spoke, along with Acting Deputy Director Kim Watson. The
Administrator for the Office of Small and Disadvantaged Business
Enterprises, Deborah Green, was introduced, and discussed ODOT’s planned
NAICS Code audit. She noted that ODOT has added 100 Disadvantaged
Business Enterprises in the last year. A consultant has been hired to
go through the NAICS code assignments of all DBEs and should have the
process completed by the end of the year.
Assistant Director and Chief Engineer Jim
Barna informed the gathering that there would be changes in how ODOT
administers the consultant selection process – there will be a portion of
the selection criteria dedicated to mentoring of DBE subconsultants.
In consultant contracts, there would be a line item for this mentoring, and
the result will be scored at the end of the contract.
In addition, Mr. Barna discussed the new
Small Business Enterprise program. All contractors averaging under
$15 million and consultant under $7 million per year for the last three
years will be eligible for the program, but will need to apply and become
certified. It will start in December with two projects, a bridge in
District 10 and a culvert in District 7 on the construction side. All
projects in the program will be under $2 million, and the SBE prime
contractor will be required to do at least 30% of the work. There
will be a total of 10 construction projects in fiscal 2016. The
consultant program has not yet been determined.
DBE goals for the year are being exceeded
(11.57% attained vs. 8.9% goal) and ODOT is leading the State Departments
with MBE goals, attaining 24% vs the 15% goal for goods and services.
The meeting concluded with an extensive
question and answer period. A copy of the presentation may be found here.
If you
have any questions about the new division, contact Chris Engle.
Immediate
Action Required Workers’ Compensation Payroll Reporting Deadline
Approaching
As
a current member, you may be aware that the Ohio Bureau of Workers’
Compensation (BWC) has recently transitioned to its new prospective premium
payment system. The BWC is providing a ‘Transition Credit’ in place
of your January through June 2015 premium payment.
In order
to receive the credit, employers needed to file a payroll report for the January
– June, 2015 period with BWC by August, 31, 2015. Employers that did
not file the payroll report, had the premium for that period estimated and
the BWC invoiced them on October 1, 2015.
If
you have not reported your payroll for this period there is still time to
resolve the issue. You can use the BWC website (www.bwc.ohio.gov and click on
‘Report & Pay’) to report the actual payroll for the referenced
period. Note you are simply reporting the payroll, and if done by
October 30, you will not need to make a premium payment for that payroll
period. Once reported BWC will reverse the estimated premium, post
the actual premium and issue the transition credit to eligible
policies.
It
is imperative that you report this actual payroll by October 30th. Employers
that do not resolve this reporting issue timely:
·
Are subject to certification to the Ohio
Attorney General for final collection of the outstanding premium.
·
May jeopardize their eligibility for Group
& Alternative Programs for Policy Year 2016.
·
May lose the transition credit for the
January through June 2015 reporting period and be required to pay the
premium in full.
If you have recently supplied the payroll to BWC, and
fulfilled your requirement, please disregard this notice.
ODOT Announces Electronic Approval of Change Orders
Contractors Need to Enroll Employees with Approval
Authority
ODOT recently asked for OCA’s assistance in
informing all of our members of the implementation of electronic approval
of pending change orders. These changes are part of the eConstruction
effort to reduce the amount of paperwork being processed manually.
These change orders will be secure within the system using a two-step
authentication protocol.
All projects awarded after January 1, 2016
will require electronic signature approval of change orders. Prime
contractors will need to enroll all employees with change order approval
authority in the SiteManager application prior to January 1; however, all
ODOT projects are being asked to implement the new approval process now.
Click here for a more detailed description of the
process. If you have any questions, please contact Janet Treadway at
(614) 466-7514.
Now
Is The Time To Make Your PAC Contribution
The Ohio Contractors Association has been very engaged at the Ohio
Statehouse representing the concerns of your heavy/highway construction
industry. The first six months of this year included the
introduction, debate, and passage of the ODOT budget bill. It
included billions of dollars in funding for road and bridge construction
and maintenance, along with many policy issues affecting our industry. The
general revenue fund budget bill also was passed on June 30th
and it too contained policy issues that affect your business. So far
this year, OCA has successfully fought off attempts to raise competitive
bidding thresholds, abolish the prevailing wage, and raise force account
limits for townships. We have moved a bill through the House and
Senate that would prohibit cities or the state from imposing residency
requirements on public works contracts. Our goal is to achieve final
passage of that legislation before the end of this year.
Part of the reason for our success at the statehouse is
due to your contributions to the Ohio Contractors Political Action
Committee. Having an active PAC allows OCA’s Legislative Director to
attend fundraisers and build relationships with legislators who are
deciding which laws get passed and which don’t. It allows us to
support the campaigns of those legislators and statewide candidates who
value good government by supporting our issues, and to say no to those who
don’t support our issues.
It is important for our industry and for you
individually to engage financially via the Ohio Contractors PAC to ensure
that our voice is heard at the state government level. Your financial
commitment to a strong PAC helps make the Ohio Contractors Association one
of the most effective associations in the state.
If you
haven’t already contributed to the Ohio Contractors PAC this year, please
call the OCA office today at 800.229.1388 to make a contribution on your personal credit
card. Or mail a personal
check to Ohio Contractors PAC, 1313 Dublin Rd., Columbus, OH 43215.
We appreciate your support in advancing the concerns of our industry at the
Ohio Statehouse.
OCA's Board of Directors Has Taken
Positions On Two Ballot Issues That Will Be On The November 3rd Statewise
Ballot
OCA SUPPORTS THE PASSAGE OF ISSUE 2: The goal of Issue 2 is to create a
constitutional amendment that would prohibit the creation of monopolies in
the Ohio Constitution. The “Ohio Initiated Monopolies Amendment” would
require voters in the future to approve two
questions pertaining to citizen initiatives establishing economic
monopolies. Ohio’s legislators developed the Ohio Initiative Monopolies
amendment in response to Issue 3 (see below)
Issue 2 would work by requiring the Ohio Ballot Board to determine if an
initiative would create an economic monopoly or special privilege for any
nonpublic entity, including individuals, corporations and organizations. If
the Ohio Ballot Board determines an initiative would create an economic
monopoly, then the board would be required to create two separate ballot
questions. The first question would ask, "Shall the petitioner, in
violation of division (B)(1) of Section 1e of Article II of the Ohio Constitution,
be authorized to initiate a constitutional amendment that grants or creates
a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or
confers a commercial interest, commercial right, or commercial license that
is not available to other similarly situated persons?" The second
question would be the ballot initiative. If both questions are approved,
then the amendment would take effect. If only one question is approved,
then the amendment would be defeated.
If voters approve the amendment, it could potentially
invalidate any initiatives voters approved on the November 3 ballot that
establish economic monopolies - specifically, it may invalidate the
Marijuana Legalization Initiative. However, it is likely that if
Issue 2 and Issue 3 both pass, the final decision of which one rules
supreme would be fought out in the courts.
OCA OPPOSES ISSUE 3. Issue 3 is a proposed
constitutional amendment that was submitted by a group of wealthy investors
to create a monopoly that would give them, and only them, the ability to
commercially cultivate marijuana on 10 predetermined sites around
Ohio. The marijuana grown at those sites would be available for sale
for recreational and medical marijuana usage. The amendment would
allow over 1100 retail marijuana stores, more than three times the number
of liquor stores currently in Ohio. In addition, adults would be able to
grow marijuana for their own recreational use.
The use of the Ohio constitution to create a monopoly
for a few wealthy individuals is a threat to our free market system that is
built upon economic competitiveness. The fact that Issue 3 would also
create many uncertainties and problems for Ohio’s employers, however, is
even more troubling. Does state or federal law regarding marijuana
use, possession and cultivation take precedence? How would
drug-testing and the ensuing results be handled? How would safety standards
be maintained in our hazardous profession? Would union contracts have
to be amended for this new contingency? How would this impact our
ability to attract and retain employees?
We know
that Ohio’s contractors value predictability, safety, and a reliable and
drug-free workforce, all of which will be jeopardized if Issue 3
passes. For that reason, we urge you to vote no on Issue 3.
Please click here for more information.
EPA
Rules On Ozone Levels, Finalized, Tightened To 70 PPB
EPA
released its new stricter National Ambient Air Quality Standards (NAAQS)
for ozone pollution, dropping the permissible levels from 75 parts per
billion (ppb) to 70 ppb. The new rule is drawing criticism from industry.
As AGC’s comments on the proposed
version of the rule point out, the 75 ppb standard was
only recently set, back in 2008, and the implementing guidance was not
finalized until February 2015. Under the new 70 ppb standard, 241 counties,
including 34 in Ohio, will be in violation, using 2012-2014 monitoring
data. However, EPA notes that they will likely use 2014-2016 data when
they designate areas of nonattainment.
Construction companies will feel the effects of tighter ozone limits,
mainly via restrictions on equipment emissions in areas with poor air
quality (direct impact), as well as additional controls on industrial
facilities and planning requirements for transportation-related sources
(indirect impact). Notably, nonattainment counties that are out of
compliance with CAA ozone standards could have federal highway funds withheld.
The new
rule is also drawing criticism from the environmental community, many of
which are disappointed that the level was not set at 65 or 60 ppb. Some
have already threatened lawsuits. AGC will be continuing to work with
industry coalition partners on this issue, and will be doing a deep
analysis of the new rule and its practical impacts for the construction
industry over the coming weeks.
OUPS
Hosting 7 Free Excavator Seminars In November
Ohio
Utilities Protection Service (OUPS) is hosting seven (7) free excavator
seminars across the state during the month of November. These
seminars will provide you and your crews valuable information.
·
Nov. 4th – St. Clairsville
·
Nov. 5th – Athens
·
Nov. 10th – Grove City
·
Nov. 12th – Findlay
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Nov. 17th – Elyria
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Nov. 18th - Astabula
Topics include legislative update for SB 378, Ohio’s
new underground damage prevention law which includes enforcement
provisions, new and improved remote ticket entry (RTE), or I-dig usage,
excavator training, features to OUPS’ new mobile app and so much
more. Registration begins at 8:30 and lunch will follow the meeting
at noon.
Confined
Spaces Rule Compliance Deadline Extended
Full
enforcement of OSHA's confined spaces in construction rule has been delayed
once again. The new
deadline is Jan. 8, but the extension applies only to residential
construction.
The
Occupational Safety and Health Administration announced the Jan. 8 deadline
in a memo dated Oct. 1 and posted late Oct. 2, the day on which the
previous deadline expired.
The memo,
from James Maddux, head of OSHA's construction directorate, extends the
temporary enforcement policy only for “employers engaged in residential
construction work.”
Prior to
Jan. 8, the memo says, OSHA won't issue citations under the confined spaces
in construction standard to residential contractors if “the employer is
making good faith efforts” to comply with the standard as long as the
employer is in compliance with either the training requirements of the new
standard (29 C.F.R. 1926.1207) or the old training requirements (29 C.F.R.
1926.21(b)(6)(i)).
The
guidance is the same as a July 8 memo extending the deadline to Oct. 2,
with the exception that the prior memo covered all construction work, not
just residential (61 CLR 487, 7/16/15).
Among the
requirements put on hold for residential builders are that a “competent
person” conduct the initial job-site inspection, that specific information
be shared among employers and that continuous air monitoring of confined
spaces be performed.
OCA conducted
the required training for the construction confined space regulations on
September 30th in Columbus in order to meet the October 2,
compliance deadline for all construction except residential. Only 12
individuals registered and attended. We expect that there will be
additional demand for the confined space training among the OCA membership,
and will schedule future training classes accordingly. Please contact
OCA’s Safety Department if you are interested in confined space training as
required by the new regulations.
Estimating Competition Coach for Bowling Green State
University Needed
Doug Shealy with Mosser Construction, Inc., has been serving as a coach to
BGSU students since the beginning of the competition 15 years ago.
Morgan Montgomery with Vernon Nagel, Inc., also volunteers his time.
While both Doug and Morgan are working with the students for the upcoming
competition in February, they are requesting that one or two more people
join them. The goal is for the new coaches to learn the ropes and
take a bigger role next year. If you are interested, contact Rachel
Sirca ([email protected] or 614-488-0724).
RFP
for Ohio Diesel Emission Reduction Grant (DERG) Program
Ohio
EPA has released the 2015 Request for Proposals for $15 million in Diesel
Emission Reduction Grants. Public sector diesel fleets and private
sector diesel fleets with a public sponsor are invited to apply for grants
from $50,000 to $1 million. Grants will reimburse up to 80% of the
cost of vehicle/equipment replacement, repower, retrofit, or installation
of anti-idle equipment for purposes of reducing diesel emissions in
eligible Ohio counties.
Applications will be due December 1,
2015. Application guidelines are posted on the DERG program website. Ohio EPA and
Ohio Department of Transportation representatives will be available for
questions at an informal information session on Thursday October 8, 2015 at
ODOT headquarters, 1980 W. Broad Street, Columbus, OH
43223. Conference calls are also scheduled on
Tuesday, October 27 at 9:00 a.m. and Thursday November 12 at 1:00 p.m. to
take additional questions from applicants. A summary of questions and
answers from these calls will be posted on the program web page a few days
after each call.
To be added to the DERG Interested Parties
List please an to email [email protected]
Estimating
Competition Searching for a Project…
Every year the students participating in
the OCA Estimating Competition use a previously-constructed project from
one of our members. Last year’s students estimated a roundabout in
Dublin, Ohio, presented by George J. Igel & Co., Inc. We are now
looking for a new project for the 2016 competition. If you are willing to
attend a couple of meetings to discuss your project, and give a
presentation to those attending the competition, please contact Rachel
Sirca at 614-488-0724 or [email protected].
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