Brooke Wisdom

April 1, 2011

By Tina Grady Barbaccia, News and Digital Editor

For daily news updates and Web-exclusive news items, visit the “AggBeat Online” section of our Web site at

Highway Reauthorization: The (Long?) Road Ahead

Congress moves forward with seven-month extension of highway and transit programs in the nick of time.


In early March, Congress passed another extension of highway, transit, and highway safety programs. The seven-month extension, passed by a 421-to-4 vote in the House and by voice vote in the Senate, was signed by President Obama on March 4. The extension expires Sept. 30, 2011.

H.R. 662, the Surface Transportation Extension Act of 2011, was introduced in the House by the Republican and Democrat leaders of the Transportation and Infrastructure Committee on Feb. 11, 2011. The legislation freezes funding at fiscal year 2010 levels for highway, transit, and highway safety programs and sets the total obligation limitation levels for transportation funding at $52.7 billion for FY 2011. The obligation authority consists of $42.46 billion for highway funding and $10.33 billion for mass transit funding.

The current federal surface transportation legislation, the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU), expired Sept. 30, 2009. It has since been extended with short-term measures, but a long-term reauthorization has not yet occurred. SAFETEA-LU’s predecessor bill, Transportation Equity Act for the 21st Century, or TEA-21, was extended 12 times before SAFETEA-LU was passed.

Transportation and Infrastructure Committee Chairman John L. Mica (R-Fla.) says that the legislation will provide some stability for state transportation departments and allow DOTs to continue planning and constructing transportation projects through the summer construction season. “This extension of transportation programs will allow more time for the Transportation and Infrastructure Committee to develop a fiscally responsible, long-term reauthorization of transportation programs to create jobs and build our nation’s infrastructure,” Mica says in a written press statement.

The American Association of State Highway and Transportation Officials (AASHTO) notes that the vote came one day after the organization sent a letter to all members of Congress urging “a swift adoption” of the measure. The full text of the letter is available at

“While AASHTO continues to support congressional efforts to enact a well-funded, long-term surface transportation bill, the absence of such a bill makes this extension essential to creating and sustaining jobs and maintaining America’s transportation infrastructure,” wrote AASHTO Executive Director John Horsley in the letter to Congress. “Furthermore, this extension provides much needed certainty for the construction industry, states, and localities as they begin the 2011 construction season.”

The National Stone, Sand & Gravel Association (NSSGA) also sent a letter to Congress urging for an extension. However, NSSGA points out that passing a longer extension “is essential for states to continue funding of projects and for business planning and resource allocation, particularly when the construction sector has an unemployment level twice the national average.”

“Our members are the crushed stone, sand, and gravel operations in almost every congressional district in the country and the principle suppliers of the materials used to build and rehabilitate our nation’s highways, roads, and bridges,” said Jennifer Joy Wilson, president and CEO of NSSGA, in the letter to Congress.

“For the aggregates industry, the passage of five short-term extensions since the expiration of SAFETEA-LU on Sept. 30, 2009, has had a devastating impact. The lack of certainty in the federal highway market is preventing states and local governments from advancing highway projects. Because our industry makes capital investment and human resource decisions based on projections about the direction of the highway construction market over the long term, a drawn out approach involving short-term extensions depresses the construction sector further.”

(For the full text of NSSGA’s letter to Congress, go to

Association of Equipment Manufacturers (AEM) President Dennis Slater says that, although the extension was necessary, it hasn’t solved what the nation needs in the long term. “America’s urgent need to rebuild roads, highways, and bridges requires a long-term strategy; we can’t afford any more delays,” Slater says. “If the President wants manufacturers to put people to work and jumpstart the economy, he will insist on a six-year highway bill to build safer roads and bridges, and work with the Congress to find a way to get it done.”

Transportation Extension Timeline:

2/11/2011 Introduced in House.

2/28/2011 Reported by the Committee on Transportation and Infrastructure. H. Rept. 112-18, Part I.

2/28/2011 Committee on Ways and Means discharged.

2/28/2011 Committee on Natural Resources discharged.

2/28/2011 Committee on the budget discharged.

3/2/2011 Passed/agreed to in House: Passed by recorded vote: 421 – 4 (Roll no. 160).

3/3/2011 Passed/agreed to in Senate: Passed Senate without amendment by voice vote.

3/3/2011 Presented to President.

3/4/2011 Signed by President.

3/4/2011 Became Public Law No: 112-005.

California Dump Truck Association Sues CARB

The California Dump Truck Owners Association (CDTOA) filed suit against the California Air Resources Board (CARB) to challenge the legality of the agency’s Truck and Bus Regulation.

The lawsuit, California Dump Truck Owners Association v. Air Resources Board (Case 2:11-cv-00384-MCE -GGH), was filed in the U.S. District Court, Eastern District of California, Sacramento Division, on Feb. 11.

In the lawsuit, CDTOA asserts that CARB’s regulation is unconstitutional as it is preempted by the Federal Aviation Administration Authorization Act and seeks an injunction prohibiting CARB from enforcing its rule.

In a written statement about the lawsuit, CDTOA notes that it has “attempted to work with CARB for more than four years to find reasonable solutions that accomplish the goal of cleaning California’s air while avoiding the needless devastation of the state’s trucking industry and, specifically, the dump truck industry.”

The association says that the dump truck industry is struggling to survive due to a depressed regional economy, a construction industry suffering through 50-percent unemployment, and rampant construction price deflation as contractors fight for what little work is available.

“Our members are experiencing the worst economic conditions in living memory, and CARB continues to place impossible regulatory burdens on them at a time they can least afford it,” says Lee Brown, executive director of CDTOA, in a written statement. “Our members support clean air, but the air we breathe can’t be more important than the people that are breathing it.”

CARB’s Truck and Bus Regulation essentially requires all heavy-duty diesel vehicles currently on California’s roads to be replaced with new CARB-compliant vehicles. The association says its members base their businesses on the ability to use their trucks for at least 800,000 miles, with an average of 50,000 miles per year. CDTOA says the majority of its members will be unable to comply with the new regulations and will be forced to close their businesses.

Rob McClernon, CDTOA president and small business owner, noted that, “Food on the table, a roof over your head, and healthcare for your family are just as important, if not more, than nominally cleaner air. From what I can tell, joblessness is far more unhealthy than the air we breathe anywhere in this state today.”

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