Washington, D.C. [March 22, 2007]—Dozens of transportation construction executives came to the Nation’s Capital the first two weeks of March to participate in policy discussions, share best practices, hear from industry experts, examine future industry challenges and meet with federal agency officials during meetings of the American Road & Transportation Builders Association’s (ARTBA) Bridges and Structures, Contract Administration, and Environmental Committees.

Bridges and Structures Committee

Members of the committee met with Myint Lwin, director of the Federal Highway Administration (FHWA) Office of Bridge Technology, who provided an update on current conditions of the nation’s bridges. FHWA reports that more than 26 percent of all U.S. bridges are structurally deficient or functionally obsolete. Kleinfelder, Inc. principal geotechnical engineer Richard Short led a group discussion on bridge foundation building techniques and innovations. Tom Macioce, chief bridge engineer with the Pennsylvania Department of Transportation, presented a case study on the 2005 collapse of the Lake View Drive Bridge over Interstate 70. National Steel Bridge Alliance executive director Conn Abnee and Portland Cement Association director of federal infrastructure markets John Sullivan also delivered reports on their respective industries.

The group toured the agency’s Turner Fairbank Highway Research Center in Virginia, and observed programs and tests currently underway in environmental management, design-build, materials usage and technology.

Contract Administration Committee

Don Shubert, executive secretary of the Connecticut Road Builders Association, ARTBA’s state affiliate, highlighted new developments in false claims laws and industry ethics compliance efforts. Trauner Consulting Services vice president Sid Scott and research assistant Megan Syrnick presented a draft synthesis on the use of warranties in highway construction.

The committee discussed a last-minute provision added to the 2006 tax law that for the first time requires federal, state and local governments to withhold three percent from payments for goods and services, ostensibly to “enhance” federal revenues and enforce tax payment compliance. It takes effect in 2011. Members voiced concerns that the withholding would only increase the cost of government bids and dramatically affect contractor cash flow and budgeting. ARTBA is a member of the national “Government Withholding Relief Coalition,” which is lobbying Congress to repeal the provision.

Environmental Committee

Nearly a dozen members of the Environmental Committee participated in briefing sessions on the National Environmental Policy, Endangered Species and Clean Air Acts. The committee also focused on the legal and regulatory issues facing transportation development professionals.

Rafe Peterson, an attorney with Holland and Knight, detailed ARTBA’s involvement in several environmental lawsuits, including the “Tulloch” wetlands case. It dates back to 1993 when the U.S. Army Corps of Engineers and Environmental Protection Agency proposed extending the legal definition of “discharge of dredged material” in wetlands development decisions to include the re-deposition of material caused by earthmoving equipment in the course of land clearing and other excavation activities. This process was proposed as a means of forcing contractors to seek federal permits under the Clean Water Act related to activities such as ditch digging, channelization and excavation. Over the past decade, ARTBA has won nearly half a dozen legal victories in the case, including a January 30 federal court ruling. It is unclear whether the Corps will appeal the recent ruling or attempt to redraft the rule a third time.

Established in 1902, ARTBA represents the U.S. transportation construction industry in the Nation’s Capital. Information about the association can be found www.artba.org.

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