Engineering Inc. - January/February 2008 - (Page 9) ACeC Fights expansion of Federal Wetlands Authority ACEC is working with organizations representing home builders, local governments and other client organizations to oppose a major expansion of federal authority over wetlands. At issue is legislation introduced by House Transportation and Infrastructure Committee Chairman Jim Oberstar (D-Minn.) and Energy and Commerce Committee Chairman John Dingell (D-Mich.) to amend the Clean Water Act and declare all “waters of the United States” subject to federal permitting jurisdiction. The bill, H.R. 2421, would delete a current requirement that limits federal jurisdiction to “navigable” waters and all but eliminate the traditional authority of state governments to regulate development and water quality. If enacted, H.R. 2421 would overturn a precedent set by the 2001 U.S. Supreme Court case, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers. The landmark case prohibited the Corps from requiring a permit for manmade wetlands isolated from navigable waters. ACEC and coalition allies have joined together to educate House members about potential problems associated with the expanded federal jurisdiction provided for in the current draft of H.R. 2421. For more information, contact Diane Shea, ACEC’s director of environmental and energy programs, at 202-347-7474 or dshea@acec.org. ACeC Action Protects use of QBs at government Agency ACEC successfully challenged a price solicitation for engineering services from the Millennium Challenge Corporation (MCC), prompting the foreign aid agency to comply with the federal Brooks Act. MCC’s original solicitation required interested firms to submit combined technical and price proposals and would have based 50 percent of the selection criteria on price. ACEC argued that consideration of price prior to identifying the most qualified engineering firm is a violation of federal policy. Upon review of the solicitation, MCC concurred and corrected the mistake. “Ultimately, the agency did the right thing and embraced the idea that QBS is the best approach for selecting professional design services,” said ACEC President Dave Raymond. “Protecting QBS is an ongoing high priority for the Council.” ACeC urges emphasis on Water; House Honors Clean Water Act ACEC President Dave Raymond urged a renewed commitment to the nation’s water infrastructure as Congress recently honored the 35th anniversary of the Clean Water Act of 1972. In testimony submitted to the House Transportation and Infrastructure Committee, Raymond implored Congress to Jim Matheson (D-Utah) lawmakers Ask for Consideration of good samaritan Bill In light of California’s recent devastating wildfires, Reps. Dave Reichert (R-Wash.) and Jim Matheson (D-Utah) have asked the House Judiciary Committee to hold a hearing on legislation they introduced to protect engineering companies that volunteer their services following a natural disaster. The bipartisan Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act (H.R. 2067) would give construction, architectural and Dave Reichert (R-Wash.) engineering entities qualified immunity from liability when providing services or equipment on a volunteer basis in response to a declared emergency or disaster. Engineering companies continue to face the threat of lawsuits stemming from voluntary efforts under difficult conditions in the aftermath of disasters such as 9/11 and Hurricane Katrina. The ACEC-supported H.R. 2067 would provide needed relief in this area. In a letter to the chairman and ranking member of the House Judiciary Committee, Reichert and Matheson said: “Whether it is a terrorist attack like 9/11 or a natural disaster like the most recent fires, we must not impede the good will of companies trying to help.” mark the occasion by working to achieve the goals of the act. “The need for increased investment is tremendous and has been well documented,” he said. Raymond also commended Committee Chairman Jim Oberstar (D-Minn.) for driving a landmark $14 billion water infrastructure bill through the House earlier in the year. The current bill, H.R. 720, “will be of great benefit in helping to close the growing gap between federal, state and local investment in the nation’s wastewater infrastructure and the needs of our communities,” he said. The Senate is expected to introduce a companion bill in early 2008. n For More neWs For weekly legislative news, visit ACEC’s Last Word online at www.acec.org. JaNuaRy / FEbRuaRy 2008 ENGINEERING INC. 9 http://www.acec.org
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