Dont Be Fooled by Open Competition Oliver S
Don’t Be Fooled by “Open Competition” Oliver S. Delery, Jr. Forterra September 5, 2018 ACPA Webinar
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PPI Email – January 2013 7 Rigid Rugged Resilient
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Our New Nemesis: The American Chemistry Council www. concretepipe. org
New Emphasis in Congress • The ACC has hired 3 new DC lobbying firms • The ACC has hired a new staffer strictly for state-related legislative issues • The ACC has hired close to a dozen new state level lobbying firms (five alone in South Carolina) • The ACPA has countered by hiring Chad Bradley, former Chief of Staff for Sen. Jim Inhofe (R-OK) – recommended by Ed Graber, ACPA Principal Lobbyist • ACPA Lobbyist, Julie Chlopecki, embarking on new project to reach “new” congressional offices and arranging plant tours www. concretepipe. org
The Plastic Pipe Industry is Relentless • When the Trump Administration was considering its plan for improving the nation’s infrastructure • When Congress was writing the bill that funded highway projects for the coming year • When Congress was writing the last highway reauthorization bill • When Congress was writing the last water resources reauthorization bill 11 Rigid Rugged Resilient
We Need to Remain Relentless • The concrete pipe industry didn’t start this fight. • The concrete pipe industry isn’t the aggressor. • The plastic pipe industry continues attacking “older” “legacy” materials in order to paint a picture of newer, more modern materials being shut of the market. • If the concrete pipe industry fails to respond to these persistent, unrelenting attacks, the ACC and its allies are likely to succeed in pushing “open competition” legislation to the President’s desk. 12 Rigid Rugged Resilient
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Where are we now? • Congress in 2018: • • • 14 Gibbs-Napolitano Letter Rep. Rodney Davis Proposed Bill Rep. David Young Appropriations Report Language Rep. Brian Babin Bill Sen. Rand Paul Bill Rigid Rugged Resilient
Rep. Bob Gibbs (R-OH) and Rep. Grace Napolitano (D-CA) President Donald J. Trump The White House 1600 Pennsylvania Ave. NW Washington, D. C. 20500 Dear President Trump, As the Administration finalizes principles for a potential legislative package to invest in our nation’s infrastructure, we urge you to consider the need to ensure competitiveness in the types of materials procured with federal dollars. We want to focus on ways to revitalize America’s infrastructure and spur private economic activity. www. concretepipe. org • Proposed joint letter to White House promoting “Open Competition” on 1/23/18 • ACEC responds that day • DIPRA Local member meets with Gibbs • ACPA team meeting with DC Offices • Results: Pulled after 1 day by the sponsors
Rep. David Young (R-IA) TRANSPORTATION & Housing and Urban Development Appropriations Culvert and storm sewer materials procurement. —The Committee directs the Secretary to evaluate the methods by which States procure culvert and storm sewer materials and the impact of those methods on project costs, including the extent to which such methods take into account environmental principles, engineering principles, and the varying needs of projects based on geographic location. www. concretepipe. org • Introduced “Report Language” calling on states to report procurement policies • Iowa Producers travel to DC and provide plant tour for Young. • Iowa DOT is activated • DC Team lobbies Senate staff • Results: Young “Pulled” Language from Bill.
Rep. Rodney Davis (R-IL) • “Open Competition Bill” giving Contractors right to choose products • Lobbyist meetings with Davis staff • Letter to Rep. Davis from County Materials opposing the bill (and subsequent plant tour) • Results: Never Introduced www. concretepipe. org
Rep. Brian Babin (R-TX) • “Open Competition” bill introduced 3/15/18 • Premise: Political entities write the specifications • ACPA and ACEC meetings with Babin staff • ACPA meetings with leadership staffs • Results: Introduced on 3/15/18 - Active www. concretepipe. org
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Sen. Rand Paul (R-KY) • Introduced June 25 2018 as the ‘‘Water Infrastructure Transparency Act” • Mandates “Open Competition in: • CLEAN WATER STATE REVOLVING FUNDS • DRINKING WATER STATE REVOLVING FUNDS • WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 2014 • Status: Open 20 Rigid Rugged Resilient
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Industry Opposition to “Open Competition” www. concretepipe. org
ACPA Involvement in DC-based Coalitions • Transportation Construction Coalition (TCC) • North American Concrete Alliance (NACA) • In Fighting Plastic Legislation: • ACEC • DIPRA • NSPE • ASCE
ACPA’S Aggressive Defense Strategy – DC Team • Senate Environment & Public Works Committee: • • Chairman John Barrasso (R-WY) Sen. Jim Inhofe (R-OK) Sen. Richard Shelby (R-AL) Sen. Shelly Capito (R-WV) • House T&I Committee: • • Chairman Bill Shuster (R-PA) Rep. Pete De. Fazio (D-OR) Rep. Sam Graves (R-MO) Rep. Jeff Denham (R-CA) Rep. Daniel Lipinski (D-IL) Rep. Cheri Bustos (D-IL) Rep. Garrett Graves (R-LA) Rep. Steve Scalise (R-LA) Republican Whip www. concretepipe. org
Fundraisers 2017 -2018 • • • Rep. Jason Lewis (R-MN) Sen. John Barrasso (R-WY) Rep. David Joyce (R-OH) Sen. Luther Strange (R-AL) Rep. Garrett Graves (R-LA) Rep. Bruce Westerman (R-AR) Rep. Pete Aguilar (D-CA) Rep. Lou Barletta (R-PA) Sen. Shelly Capito (R-WV) Rep. Doug Collins (R-GA) Rep. Cheri Bustos (D-IL) www. concretepipe. org • Rep. Mike Gallagher (R-WI) • Rep. Sam Graves (R-MO) • Rep. Kevin Yoder (R-KS) • Rep. Steve Scalise (R-LA) • Rep. Jeff Denham (D-CA) • Sen. Cindy Hyde-Smith (R-MS) • Rep. Rodney Davis (R-IL) • Sen. Corey Gardner (R-CO) • Sen. John Kennedy (R-LA) • Rep. Jeff Duncan (R-SC)
Plant Tours 2017 -18 • Rep. David Young (R-IA) – Forterra Plant • Rep. Doug Collins (R-GA) – Forterra Plant • Sen. Cory Gardner (R-CO) – Rinker Plant • Colorado State Legislators – Oldcastle Plant • Michigan State Legislator – Northern Plant • Indiana State Legislator – Rinker Plant • Rep. David Loebsack (D-IA) - County www. concretepipe. org • • Rep. Pete Aguilar (D-CA) – Thompson Rep. Cheri Bustos (D-IL) – County Rep. Tom Rice (R-SC) – Rinker Rep. Hank Johnson (D-GA) – Oldcastle Rep. Steve Stivers (R-OH) – Forterra Sen. Jon Tester (D-MT) – Forterra Rep. Drew Ferguson (R-GA) – Oldcastle Rep. Tom Emmer (R-MN) - Forterra
Federal Agency Involvement – Peter Loughlin • Federal Aviation Administration (FAA): • Meeting to discuss specification changes • Corps of Engineers: • Continuing efforts to improve specifications • Federal Highway Administration (FHWA): • Meetings with Tom Everett, Associate Administrator for Infrastructure on design standards and other issues including “Buy America” • Accepted invitation to speak at 2018 ACPA Annual Meeting • AASHTO: • Q-Cast Issues • Washington Briefing www. concretepipe. org
United States Department of Agriculture (USDA) Omnibus Report Language In particular, the Committee is concerned about the May 17, 2012, memorandum and the implementation of pipe materials. The Committee believes that the Department must apply its policy uniformly to all building materials but is concerned with the De partment requirements that would unnecessarily delay projects by including onerous approval processes. Communities and profes sional engineers are different and specify the pipe materials that best suit the needs of their community and project. These commu nities and engineers, therefore make different determinations de pending on what is suited for a given community, including the ex istence of applicable federal, state, or local ordinances or standard specifications. The Committee encourages the Department to defer to the engineer of record in the selection of materials that meet na tionally recognized standards, including pipe, absent extraordinary circumstances demonstrating arbitrary action. www. concretepipe. org
State Plastic Pipe “Open Competition” Legislation • Indiana: The regular 2018 session of the Indiana legislature has adjourned. The two “open competition” bills introduced in this session (HB 1271 and SB 383) are now dead. • South Carolina: March 2018: H 3652 was referred to the Senate Finance Committee after passing the House by a vote of 55 to 47. Senate amends appropriation bill to include language. Our SC team has language stripped in Conference Committee. Huge win for concrete pipe. • Ohio: • SB 95 and HB 121 are basically dead. • Michigan: • A new “open competition” bill was introduced in March by Rep. Lee Chatfield (R) (HB 5723). • SB 157 was approved by a Senate committee. • Both have died in chambers. www. concretepipe. org
State Pipe Legislation “Targets” for 2018 • • Arizona North Carolina Tennessee Texas Pennsylvania Wisconsin Mississippi Florida www. concretepipe. org
New STATE Legislative District Plant Lists Available Note: Tammy Lindenberg has prepared and updates these lists and Plant lists for Federal Congressional Districts. www. concretepipe. org
New Congressional Legislative District Plant Lists Available www. concretepipe. org
ACPA Political Action Committee Balance: $32, 113. 80
ACPA - Individual Membership • Vote for an ACPA Board Member for a two-year term per ACPA By-Laws, as amended, that represents IMs at all official Board Meetings. • Attend all ACPA events subject to the appropriate registration fees. • Individual Membership must be affirmed annually. • No dues are required for Individual Membership. • Your contact information in the ACPA data base will be coded to reflect your IM status. • Membership acceptance and termination will be governed by Article II of the ACPA By-laws as amended.
Why add an Individual Membership Category? • Untie the hands of the PAC in soliciting Contributions. • Allow the PAC to not only hold fundraising events but have the ability to invite members to those events. • Provides us with more versatility in raising PAC money from a much larger pool of those with concrete pipe interests. • Keeps up in a position to aggressively fight plastic pipe interests in Congress. • Keeps us in the GAME! www. concretepipe. org
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