Material Matters - Spring 2018 - 9

PRESIDENT'S REPORT
By Dave Hamling
President & CEO
New York Construction Materials Association, Inc.

IT'S TIME FOR a change to the old saying, "everybody

So, in 2010 NYMaterials sued the state and won.

talks about the weather, but nobody does anything about

Fast forward to early 2017 when the NYS Department

it." In New York State, it should be "everybody talks about

of Environmental Conservation (NYSDEC) created new

regulatory reform, but nobody - and I mean nobody - does

Part 222 rules, similar to DERA, regulating diesel genera-

anything about it." The Legislature passes ill-conceived

tors. These regulations targeted NOx emissions from genera-

laws that are 'politically correct,' but unenforceable. Then

tors connected to line power that are used to supplement the

state agencies create regulations to comply with those

grid during periods of high electric demand. Construction

laws that are impossibly complex, unenforceable or com-

materials producers in remote locations often use diesel

pletely convoluted. When anyone complains or protests,

generators because line power is not available. NYSDEC

each blames the other and they go on their merry way.

included our generators in the regulations, even though

Worse still, both Legislators and agency officials often

they are not connected to the grid, because there were

wrap themselves in a cloak of invincibility, comfortable

"wires coming out of it." In this case, a personal whim threw

in the fact that the law or regulation passed muster - so

us into a regulatory program that would cost millions of

it must be perfect. Well, the regulatory environment isn't

dollars for no environmental benefit.

perfect. To the contrary, it is one of the primary reasons for

So, in 2017 NYMaterials sued the state. During lawsuit

the mass exodus of businesses and the people they employ

settlement discussions a NYSDEC Deputy Commissioner

from New York. And while NYMaterials hasn't done a damn

freely admitted that our generators were never intended to

thing about the weather, we do tackle the awful regulatory

be included in Part 222, yet the battle continues.

environment head on.

Now, fast forward again to 2018. After two years of

Our association has a long history of action on the legisla-

meetings and written comments, NYSDEC finalized new

tive and regulatory fronts, and we've had many successes.

Part 360 regulations related to the treatment and handling

Operating through customary channels, the association

of solid waste. During that time, NYMaterials consistently

works to pass good legislation and derail bad legislation. In

noted the regulations severely constrained the construc-

the same vein, we provide testimony and written comments

tion materials industry's recycling of asphalt pavement

on agency rulemaking so that businesses can effectively

and concrete aggregate. In fact, the new NYSDEC regula-

and profitably operate in the state. Of late, however, the

tions threaten to obliterate the use of Recycled Asphalt

regulatory environment has degraded to the point that our

Pavement (RAP), the most recycled product in the coun-

government has forced us to put up our dukes - and we have.

try. Due to the new regulatory scheme, these valuable

It started with the Diesel Emissions Reduction Act of

commodities could be directed to landfills to rest next to

2006 (DERA). The Legislature ostensibly passed this bill

diapers and coffee grounds. This is certainly not NYSDEC's

for the health and environmental benefits of removing

intention, but it is the end game and it will cost taxpay-

particulate matter from diesel trucks. The law would also

ers millions in added construction costs while negatively

benefit Corning Glass, who had built a plant to produce the

impacting the environment.

particulate filters to be retrofitted to older trucks. What

So, in 2018 we sued the state. Our case is just ramping

they didn't tell anyone was that only concrete trucks and

up and I urge you to read this issue's Counsel's Corner for

dump trucks were covered by the law. That's it. None of

a full analysis of the issue.

the other trucks in the state were regulated. They also

Yes, the regulatory environment in New York State

forgot to mention that retrofitting each truck would cost

stinks. Unfortunately, it will take an overhaul of the

in excess of $30,000, and that fuel consumption would

legislative and rulemaking processes to make meaning-

increase, and that greenhouse gases would increase. This

ful changes. Since that won't happen any time soon,

patently unfair statute (and regulation) was about to cost

NYMaterials will continue to vigilantly work to improve

the materials industry millions of dollars for absolutely

conditions through traditional channels. And when we

no environmental or public health benefit.

have to, we'll put up our dukes.
Material Matters * Spring 2018 9



Table of Contents for the Digital Edition of Material Matters - Spring 2018

Chairman’s Message
President’s Report
Legislative Update
Counsel’s Corner
Membership Benefit
Member KUDOS
Work the Problem
2017 Asphalt Pavement Showcase Award Winners
One Company’s Efforts to Set up an Asphalt Plant
An Interview with NYSDOT’s Don Streeter
Residential Concrete
Welcome New Members
Material Matters - Spring 2018 - Intro
Material Matters - Spring 2018 - cover1
Material Matters - Spring 2018 - cover2
Material Matters - Spring 2018 - 3
Material Matters - Spring 2018 - 4
Material Matters - Spring 2018 - 5
Material Matters - Spring 2018 - 6
Material Matters - Spring 2018 - Chairman’s Message
Material Matters - Spring 2018 - 8
Material Matters - Spring 2018 - President’s Report
Material Matters - Spring 2018 - Legislative Update
Material Matters - Spring 2018 - 11
Material Matters - Spring 2018 - Counsel’s Corner
Material Matters - Spring 2018 - 13
Material Matters - Spring 2018 - 14
Material Matters - Spring 2018 - 15
Material Matters - Spring 2018 - 16
Material Matters - Spring 2018 - Membership Benefit
Material Matters - Spring 2018 - 18
Material Matters - Spring 2018 - Member KUDOS
Material Matters - Spring 2018 - 20
Material Matters - Spring 2018 - Work the Problem
Material Matters - Spring 2018 - 22
Material Matters - Spring 2018 - 23
Material Matters - Spring 2018 - 2017 Asphalt Pavement Showcase Award Winners
Material Matters - Spring 2018 - 25
Material Matters - Spring 2018 - One Company’s Efforts to Set up an Asphalt Plant
Material Matters - Spring 2018 - 27
Material Matters - Spring 2018 - An Interview with NYSDOT’s Don Streeter
Material Matters - Spring 2018 - 29
Material Matters - Spring 2018 - 30
Material Matters - Spring 2018 - 31
Material Matters - Spring 2018 - Residential Concrete
Material Matters - Spring 2018 - 33
Material Matters - Spring 2018 - 34
Material Matters - Spring 2018 - Welcome New Members
Material Matters - Spring 2018 - 36
Material Matters - Spring 2018 - 37
Material Matters - Spring 2018 - 38
Material Matters - Spring 2018 - cover3
Material Matters - Spring 2018 - cover4
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