U.S. Legislative News

Infrastructure Legislation Faces Tough Road Ahead

Infrastructure has been the focus of several recent Congressional hearings, but the matter of funding such an initiative continues to be a significant point of contention. In a hearing held by the House Ways & Means Committee on March 6, witnesses from transportation, business, and labor communities called for an increase in the motor fuels excise tax, which has not been raised since 1993. The House Transportation & Infrastructure Committee’s Chairman Peter DeFazio (D-Ore.) and Ranking Member Sam Graves (R-Mo.) also appeared as witnesses before the Committee, both advocating for the need to establish to a vehicle-miles-traveled (VMT) pilot program to test forward-looking and alternative funding solutions for the Highway Trust Fund.

NAFA has submitted written testimony to the Ways & Means Committee in support of Congress establishing a national VMT pilot program and regarding the importance of involving fleets in the development and implementation of any pilot.

Clean Vehicle Refueling Instructure Grant Program Proposal

On March 6, Senator Tom Carper (D-Del.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, introduced S. 674, the Clean Corridors Act of 2019 (text). The legislation would provide grant funding for the installation of electric vehicle charging stations and hydrogen fueling infrastructure along designated corridors across the National Highway System.

NAFA supports the legislation’s goal of advancing sustainability and improving the charging/refueling infrastructure along alternative fuel corridors. The grantee eligibility requirements for collaborative engagement with stakeholders, including fleet managers, is a welcome measure. Fleet managers would be a valuable stakeholder given their unique insights as to where fueling infrastructure may be most effectively deployed.

Tax Credit Extension Legislation Introduced

Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-Ore.) introduced S.617, the Tax Extender and Disaster Relief Act of 2019, on February 28. The bipartisan legislation would retroactively extend tax provisions that expired at the end of 2017 and 2018 through the remainder of 2019. The biodiesel and alternative fuel excise, as well as the alternative fuel infrastructure credits, were included in the package.

However, the House’s “power of the purse” requires any revenue related-measures, including any bill on tax extenders, to originate in the House of Representatives. The introduction of the Senate bill is a strong signal to the House to act, and the House Ways & Means Committee has announced a hearing for March 12, during which it will consider the expired tax provisions.

NAFA is encouraged by recent Congressional action to renew the expired tax credits and will continue to educate members of Congress on the importance of these credits to fleets and their sustainability goals. Additionally, NAFA will be submitting written testimony for consideration by the House Ways & Means Committee.

EPA’s Proposed E-15 Gasoline Rule Sent to the White House

On March 4, the EPA sent a draft of its proposed rule to allow for the sale of E-15 blends of gasoline throughout the entire year to the Administration’s Office of Management and Budget for review. The EPA is standing behind its timeline of having a final rule by the end of May, before the beginning of the peak summer driving season.

The EPA’s announcement comes after USDA Secretary Sonny Perdue said in a Senate hearing that the 35-day government shutdown had delayed the EPA rulemaking to the point that a rule would not be finalized before the summer deadline. Secretary Perdue later backtracked on his statement.

NAFA remains concerned about the impact of E-15 on engines and underground tank systems.

DERA Reauthorization and Coalition Letter to Congressional Appropriations

NAFA has signed onto a coalition letter addressed to House and Senate Appropriations leadership thanking them for increasing the FY 2019 funding allocated for Diesel Emissions Reductions Act (DERA) program grants. The letter also requests that Congress consider providing $100 million in DERA funding for FY 2020, which would be in line with the typical annual funding increase for the program. DERA grants offer funding for projects that reduce diesel emissions from existing engines.

The Senate Committee on Environment and Public Works scheduled for March 13 a hearing to consider issuing a potential DERA Reauthorization Act for 2019. The results of this hearing were not available at the time of this newsletter's publication. However, NAFA will continue to follow this topic and will feature conclusions in the next issue of NAFAConnection.

FMCSA Releases New and Updated Guidance on CDLs

The Federal Motor Carrier Safety Administration (FMCSA) published proposed revisions to regulatory guidance concerning the commercial driver's license (CDL) standards on March 7. The FMCSA is required to periodically update regulatory guidance under Fixing America’s Surface Transportation (FAST) Act.

The proposed regulatory guidance provides particularly useful information on CDL requirements, definitions, and standards for NAFA members within its questions and guidance section. The proposed guidance changes may be accessed HERE.