September 20, 2011
NCMA Urges Congress to Pass TRAIN Act
NCMA has joined with the National Association of Manufacturers (NAM) and other manufacturing associations in an advertisement that will run in Capitol Hill print media this week urging Congress to pass H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 (TRAIN Act). The action is in opposition to the Environmental Protection Agency’s (EPA’s) recently adopted and proposed rules that would foist unrealistic and costly requirements on public utilities and cement plants, threatening jobs there.
EPA’s aggressive standards on greenhouse gas emissions and declaring coal ash a hazardous waste are costly examples of EPA overreach. The Act will help Congress and the nation understand the cumulative economic cost of unrealistic EPA regulations on manufacturers and strangle economic growth.
The purpose of the bill is to slow down EPA’s aggressive regulation of industries at thistime when they are trying to survive by establishing an interagency committee to analyze and report on the cumulative and incremental effects of certain rules and actions of the EPA. Some of the EPA’s rules cited by the Act are already final rules; some are still proposed rules. Most of the major federal agencies are included in the interagency committee, as is the Chief Counsel for Advocacy for Small Business, and it is chaired by the Commerce Department. The interagency committee’s analyses would include the effects of the covered rules and actions with regard to: U.S. competitiveness, including energy intensive and trade sensitive industries; other cumulative cost and cumulative benefit implications; changes in electricity and fuel prices; impact on national, State, and regional employment both in short- and long-term; and, reliability and adequacy of bulk power supply. The analyses would also include a discussion of the key uncertainties and assumptions associated with each estimate, a sensitivity analysis, and a discussion of the cumulative impact of the covered rules and actions on consumers; small businesses; regional economies; state, local, and tribal governments; local and industry-specific labor markets; and agriculture.
The interagency committee would be required to wrap up its work and issue a report by August, 2012. The bottom line is that proposed rules covered by the bill would be put on hold and implementation of rules that have already been finalized would also be put on hold. The hold would extend until six months after the interagency committee issues its report. There is no requirement for the interagency committee to make any recommendations with respect the covered rules and actions, and no requirement that the EPA do anything with the interagency committee’s report.
June 29, 2011
NCMA Makes Life-Cycle Gains with Senate Armed Services Committee Report
The Senate Armed Services Committee has just included language that would require life-cycle cost to be a criterion for DOD construction contracts in its report (112-26) accompanying its national defense bill (S.1253) for 2012. In similar action last week, the House included favorable life-cycle cost language in its report, but the two versions are so different that reconciliation may be needed by conference of the two committees, though each chamber’s reports could conceivably be left to stand alone. NCMA is optimistic that final language will support NCMA’s long-held objective to get LCC into the mainstream for determining the ultimate design and construction of military facilities. NCMA has tirelessly lobbied for re-leveling the playing field in military construction.
From the Senate report:Life cycle cost management in military construction projects The committee is concerned that the need to control costs in military construction projects is resulting in the specification of construction methods, building systems, and equipment in facility designs that may be cheaper to acquire initially, but may not be efficient or economical in the long-term. While the selection of a building system with an estimated design life of 20 years may be less expensive to purchase than one of a 50-year design life, the cost of maintenance and a quicker need to replace the system results in additional costs that are incurred over the life of the military mission or requirement. In addition, current Department of Defense (DOD) guidelines do not require facility designers to address goals established for sustainable design, energy consumption reduction, and energy efficiencies as baseline requirements for performance of building systems and equipment in new or renovated facilities.
The committee further notes that section 2802 of title 10, United States Code, requires the secretary of each military department in requesting authorization for a military construction project to “submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents.” The committee notes that the provision in title 10 is intended to ensure life cycle costs analyses are incorporated in each justification for a military construction project in order to provide for the most efficient investment over the life of the facility.
Therefore, the committee directs the Secretary of Defense to include in the military construction project data (DD Form 1391) submitted for each project included in future Presidents’ budget requests a description of proposed construction in paragraph 10 that includes a clear specification of the minimum design life for the facility as well as a description of the specific ratings for energy efficiency for each major building system. In addition, the DD Form 1391 should clearly delineate for the congressional defense committees what specific items of the proposed construction will address a reduction of the life cycles costs of the facility in terms of maintenance/replacement cost avoidance or a reduction in utility costs. The committee intends for the inclusion of these items in the DD Form 1391 to serve as minimum, mandatory requirements that will be carried out during design of the facility with the goal of achieving the most efficient use of taxpayer funds over the life of the building.
The committee defines a “building system” to include the structure, roof, windows/doors, walls/insulation, lighting, heating, ventilation, air conditioning, electrical service, water, sewage, communication systems, utility management, fire alarms/suppression, security system, and other equipment required to complete the facility.
June2, 2011
U.S. Supreme Court Upholds Arizona Law Requiring Employers to Use Federal E-Verify System
Last week, the United States Supreme Court upheld an Arizona law that requires employers in Arizona to use the federal government’s E-Verify system. The E-Verify system allows employers to check employment eligibility documents against a federal database. In addition to Arizona, some other states have variations of required use. Federal contractors are required to use it as the result of an Executive Order issued by President Bush.
The system is operated by the United States Citizenship and Immigration Service (USCIS) and the primary database used for verification is the Social Security Administration’s (SSA) social security number database.
The E-Verify system has had a “checkered” past. It started out as a voluntary pilot program and was plagued with many problems, ranging from the inadequacy of the database to long delays in processing inquiries. The funding for the program was the bone of contention on numerous occasions.
The situation has changed. The program is currently funded through September, 2012. The database and processing have been improved.
A troublesome issue for employers is the awkward time period after the employer checks a name and the initial determination is that it does not match the database. There is an eight day window for the employee to initiate an effort to correct the problem and another eight to ten days for the government to respond. During that time, the employer is at risk of employment discrimination claims if the employer does anything considered detrimental to the employee.
The General Accountability Office (GAO) recently issued a report on the program. In it, the GAO said, “the USCIS has taken several steps to improve the accuracy of the E-Verify system, including expanding the number of databases queried through E-Verify and instituting quality control procedures. However, E-Verify errors persist.” The GAO made several observations:
Several bills have been introduced to make the program mandatory for all employers. Importantly, House Judiciary Committee Chairman Lamar Smith (R-TX) has indicated he will introduce his own bill to make it mandatory for all employers.
So how does the E-Verify system work?
The employer and employee complete the Employment Eligibility Verification form (Form I-9) no later than 3 business days after the employee begins work for pay as all U.S. employers, regardless of whether they participate in E-Verify must do. Information about the employee from Form I-9 then serves as the foundation for an E-Verify “case”, which must be created also no later than 3 business days after the employee begins work for pay.
E-Verify guides the employer through a series of questions, which follow Form I-9, beginning with the employee's citizenship attestation, document type(s), then biographical information including name, date of birth, Social Security number and Alien or I-94 number (if a noncitizen). In some cases, the document number and expiration date are also required.
If E-Verify cannot initially match the information, the employer will be prompted to review and correct the information if necessary. Otherwise, E-Verify will display an initial response within three to five seconds.
If E-Verify returns an "Employment Authorized" response, the employer can continue to the last step in the verification process and close the case. Ninety-eight percent of employees are automatically confirmed as authorized to work either instantly or within 24 hours, requiring no employee or employer action. The other response, if the employee information does not match government records, is a “tentative nonconfirmation” (TNC) response.
(Sometimes, E-Verify's automated search of government records cannot immediately verify employment authorization, and a manual search is required. In this case, E-Verify will return a "DHS Verification in Process" response. The employer must check E-Verify until the employee's case is updated, which usually happens within 24 hours, though it may take as long as three business days.
When the employee's case is updated, E-Verify will return either an "Employment Authorized" or TNC response.)
A TNC response means that the SSA and/or the U.S. Department of Homeland Security (DHS) could not confirm that the employee's information matches government records. It does not mean an employee is unauthorized to work or is an illegal immigrant as there are legitimate reasons why an employee may receive this result.
There are several types of TNCs, and the type displayed in E-Verify depends on which government agency is involved and the cause for the mismatch:
The employee can choose to contest the TNC and the employer must print and give the employee a “referral” letter that explains what the employee can do to resolve the TNC.
The employee has eight federal government workdays from date of referral to visit the local Social Security Office or the DHS depending on the type of TNC. SSA has ten federal government workdays to update the case result in E-Verify while DHS will update the case result in eight federal government workdays.
During this review period, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.
If the employee does not choose to contest a tentative nonconfirmation or a photo non-match or if a secondary verification is completed and a final nonconfirmation is issued, then the employer can find the employee is not work authorized and terminate the employee’s employment.
If you want to look at the system, go to http://www.dhs.gov/e-verify
May 12, 2011
NCMA Stages Successful Capitol Hill Fly-In
A team of NCMA members converged upon Capitol Hill earlier this week for meetings with members of the House and Senate and key staff members to discuss the concrete masonry industry’s top legislative issues. Timed to coincide with the MCAA (Mason Contractors Association of America) Annual Legislative Conference, more than thirty from NCMA and MCAA aggressively lobbied the Hill for our industry.
“This was our most effective fly-in yet,” said Government Affairs Committee Chairman Don Foster of the fly-ins that have been an annual event since 2006. “We focused on three key issues: Check-Off, life-cycle cost in military construction, and tax reform. By targeting Senators and Congressmen on the key committees responsible for these issues, we really hit our mark.”
NCMA members were represented by Bill Holden and Major Ogilvie (Block USA), Don Foster (Oldcastle), Mark Wilhelms (Kirchner Block), Brendan Quinn (Ernest Maier Block), Ricky Fizzano (Fizzano Brothers), and Billy Wauhop (Wauhop Associates). Bob Thomas and Bill Plenge joined in from NCMA staff, and Joe Colaneri, Ted Bornstein, Kate Shorr, and Caitlin Carmedelle from Foley and Lardner, NCMA’s lobbying firm, arranged and attended all the meetings with the key offices.
Before the lobbying visits began, the NCMA PAC hosted a luncheon fundraiser at the prestigious Capitol Hill Club for Rep. Randy Forbes (R-VA), Chairman of the Readiness Subcommittee of the House Armed Services Committee – a subcommittee with which NCMA is working hard to establish deeper relations. The event was focused on the concrete masonry and construction industry at Mr. Forbes’ request so that he could learn more about us. As a result, we were able to have a productive discussion with the Congressman about the policy by which the Army Corps of Engineers has justified non-durable construction.
The fly-in provided an opportunity for members to discuss the Check-Off initiative with key members of the House Energy and Commerce Committee and the Senate Commerce Committee who have indicated interest in supporting and shepherding the bill through the House and Senate. Dialog was also started with members of the Senate Finance Committee regarding tax reform. (NCMA staff is currently surveying members regarding tax prioritites and agenda.)
NCMA will follow up this great effort with a number of mini-fly-ins throughout the summer and into the fall to zero in on specific developments as relating to the three key issues and, importantly, to shape legislative opinion about other focused issues that impact our industry. Key NCMA members will be invited to participate in those as-needed.
NCMA focused on three main issues: Check-Off initiative, life-cycle cost in military construction, and tax reform and a means of getting our industry back to work.
Life Cycle Cost Position Paper
Tax Reform Position Paper
NCMA Responds to House Committee with Examples of Government Over-Regulation
NCMA responded this week to House Committee on Oversight and Government Reform Chairman Darryl Issa’s (R-CA) request for examples of existing and proposed regulations that will negatively impact our industry’s competitiveness and jobs outlook. Three examples were cited: 1) If EPA has its way, its pending rule on the disposal of coal combustion residues would, despite its own determinations to the contrary, declare fly ash to be a hazardous waste, greatly increasing the cost and complexity of using fly ash in our products and potentially driving fly ash concrete from building codes altogether. 2) Not to be outdone, OSHA plans to promulgate a standard this year that would double the level of protection for workers exposed to respirable crystalline silica in their workplaces, even though the present permissive exposure limits (PELs) are proven to be medically effective in preventing silicosis and cancer. 3) Finally, OSHA has announced its intention to “reinterpret” existing federal noise exposure standards in a way that would, among other things, fundamentally and at great expense change the suite of engineering and administrative controls presently in force in the industry.
“These are but three examples of how our government, no matter how well-meaning, is burdening our industry with unnecessary regulation that is costing us business and jobs,” said Robert D. Thomas, President of NCMA, last week as the letter was being composed for Rep. Issa. “NCMA continues to oppose burdening our industry with unnecessary regulations that cost us business and jobs."
Click here for the complete text of NCMA’s response.
NCMA Responds to EPA’s Proposed Rule on Fly Ash
This week, NCMA submitted a formal response in general opposition to the Environmental Protection Agency’s (EPA’s) notice of proposed rulemaking on coal combustion residuals (CCRs) –“fly ash” to our industry --from electric utilities.
NCMA’s response culminated more than two years of advocacy by NCMA and other concrete industry association partners that matched rising intransigence on the part of EPA as a well intended effort to regulate the disposal of coal combustion waste in the light of a recent environmental disaster in Tennessee shifted from improving containment design to a thinly veiled attack on the use of coal in the production of electricity.
Specifically, EPA proposed two options to address the disposal of CCRs from America’s electric utilities. Under the first option, EPA would reverse its 1993 and 2000 regulatory determinations that CCRs were non-hazardous wastes and list them as “special wastes” regulated under subtitle C of the Resource Conservation and Recovery Act (RCRA). Under the second option proposed, EPA would leave the non-hazardous determinations in place and regulate disposal as non-hazardous under subtitle D of RCRA.
NCMA, and every other known concrete related association, responded in support of the schedule D option. Fly ash is an important component of durable, lightweight concrete masonry. True, fly ash is not used in all concrete masonry, but the performance of enough of our product benefits from this important recycled material that the potential loss of business to other non-concrete industries would be a serious blow to NCMA members, and an even possibly fatal one to the use of fly ash for high strength concrete in modern construction design.
Dozens of factors supported our position, but NCMA cited the most important in the letter. The chief ones were detrimental stigma – the fear of possible legal exposure by customers could lead to wholesale abandonment of fly ash concrete (especially if the material is dropped or negatively footnoted in building codes) – and loss of jobs in our industry from a potentially staggering loss of business. Others included infrastructural harm – the use of lesser performing alternate materials; non-applicability of EPA’s approach – this is a containment issue, not a material issue; and over-reaction by EPA – penalizing the use of an important, safe construction material.
“This rule, in either form, makes no sense to our industry, America, and even the environment. EPA misses the mark by turning up the regulatory screws on the use of a safe material,” said Bob Thomas, NCMA President, “instead of focusing on containment design that endangers the environment and clearly needs to be better regulated. It is improper to penalize an inert material like fly ash that is so beneficial to America’s infrastructure. We hope that our comments will dissuade EPA from over-regulating with this rule.”
See link for full text of NCMA’s letter.
October 8, 2010
President Obama speaks about Jobs Numbers and Small Businesses at Maryland Concrete Block Plant
President Barack Obama traveled just outside Washington DC to visit NCMA member concrete block company Ernest Maier in Bladensburg, MD this morning for a televised address on the status of unemployment in the U.S. The address is in response to the monthly jobs report released today.
The President took a tour of Ernest Maier Block, a family business in Maryland. Speaking afterwards, he praised Ernest Maier president Brendan Quinn, who has recently served on NCMA's Board of Directors, for growing his business during the economic downturn. The President commended the business for providing health insurance to workers, participating in green manufacturing programs, and avoiding layoffs. He paid tribute to Quinn by saying, “we’re just very proud of him and what this company has accomplished.”
Earlier in the day Quinn remarked "Our industry and our facility provides the perfect backdrop for the president to address this issue," said Quinn. "Ernest Maier is a great example of a small, locally-owned, family business that has a lot to contribute to the economy given the opportunity." The President echoed this sentiment in his speech as well, “Small businesses like this one are the bricks and blocks of our entire economy. And over the past two years, my administration has been doing everything we can to help encourage more success stories like this -- because it is small businesses that will power our growth and put our people back to work.”
On Monday September 27 the President signed into law a long stalled small business incentive program. The National Concrete Masonry Association, independently and also in conjunction with other concrete industry partners, was instrumental in getting favorable elements into the final version of this small business bill. In the next Congress NCMA will continue to be vigilant and aggressive in the pursuit of other small business initiatives that add value for NCMA members.
The recently passed bill contains $12 billion in tax breaks and adds enhancements to existing government small-business programs. It also establishes a $30 billion lending fund for small businesses. It will also give $1.5 billion in grants to support $15 billion in new small business lending through already successful state programs, and reduce the tax burden for small businesses by allowing them to carry back general business tax credits to offset their tax burdens from the previous five years.
Regarding the September Jobs Report, President Obama said that despite trends line moving in the right direction in the private sector, the jobs numbers released today are tempered by a net job loss in September.
Changing subjects, the President joked by saying , “These are the guys that build serious stuff – concrete blocks, bricks for walls that are thick, difficult to move, and can stop anything in their path – sort of like the way I feel about Congress sometimes.” All joking aside, the reference to concrete block as a formidable building material is appreciated by all in the industry, no matter what side of the political spectrum they hail from.