Engineering Inc. - September/October 2007 - 9

House, Senate Energy Bills Take different Paths The House has passed two energy bills—a broad omnibus bill and a $15.3 billion tax bill to fund the new projects in the omnibus bill. The Senate passed its version of an energy bill—without an accompanying tax bill—in June, setting the stage for what likely will be difficult conference negotiations in September. Both bills include provisions that would promote energy conservation and efficiency, as well as set green building standards for federal buildings. New programs authorizing funding for state and local governments and small businesses are aimed at providing seed money for energy efficiency best practices. Federal assistance would be provided for installing and converting gas pumps for E-85 ethanol fuel. The Senate bill features a renewable fuel mandate, requiring the use of 15 billion gallons of ethanol by 2015. An increase in the Corporate Average Fuel Economy (CAFE) standard for passenger vehicles would require a 35-miles-pergallon level to be met by 2020. The House bill includes a Renewable Portfolio Standard amendment that would require utilities to produce at least 15 percent of their electricity from renewable resources by 2020. The energy tax bill passed by the House would repeal some tax incentives and credits provided in the 2005 energy bill and eliminate provisions in the 2005 law that expedited oil and gas production on federal lands. Final Action on WRdA delayed Until September In the final days before Congress adjourned for its summer recess, the House passed the ACEC-supported Water Resources Development Act (WRDA), which authorizes $21 billion for various U.S. Army Corps of Engineers flood control, shoreline protection, navigation and environmental restoration projects. Senate action was delayed by the crush of last-minute floor action on a series of contentious bills, but the measure is expected to come to a final vote when Congress returns in September. The administration has issued a veto threat over the bill’s cost. However, the House vote was 381-40—a veto-proof margin—and the Senate vote is expected to be equally strong. The measure also includes a new independent peer-review process for Corps projects that cost more than $45 million. The reviews would be conducted by the National Academy of Sciences or other outside entities. Sen. Jim Inhofe (R-Okla.) protected the Thomas Amendment. government Competition Threat defeated ACEC worked closely with Sen. Jim Inhofe (R-Okla.) to turn back a last-minute effort to diminish protections against unfair government competition in the WRDA. During the closing days of House-Senate negotiations over the final version of WRDA, Sen. Daniel Inouye (D-Hawaii) proposed to weaken the Thomas Amendment, which ACEC secured in 2000 to curb the ability of the Corps to provide services to state and local governments in competition with the private sector. The Thomas Amendment permits the Corps to provide commercially available engineering services only if these are “not reasonably and quickly available through ordinary business channels” and if the Corps is “uniquely equipped to perform such services.” Inouye had proposed to dispense with the Thomas protections as they applied to contract management services for state and local governments, despite the fact that firms routinely provide these services to public clients. Inhofe, the senior Republican on the Senate Environment and Public Works Committee and a strong proponent of the private sector, played a critical role in blocking the Inouye amendment. In addition, members of ACEC/Hawaii mobilized quickly to brief Inouye on the adverse impact of the proposal. “I think we made a strong case to the senator’s staff that the proposal was not in the best interests of either the industry or our government clients,” said June Nakamura of Engineering Solutions in Hawaii. “They were very receptive and open to our concerns. I think we made a real difference.” n FOR MORE NEWS For weekly legislative news, visit ACEC’s Last Word online at www.acec.org. SEPTEMBER / OCTOBER 2007 ENGINEERING INC. SuE OgrOCki/AP imAgES

http://www.acec.org

Engineering Inc. - September/October 2007

Table of Contents for the Digital Edition of Engineering Inc. - September/October 2007