This week has been an ongoing battle between some legislators who would use legislation to force action that is contrary to the decisions of engineers, and contractors and professional engineers who believe that legislators should deal with policy and leave the engineering to those who have earned that title.
A bill sailed through the House that forbade NCDOT to build medians on sections of Hwy 70 near Kinston and a couple more locations. The argument was that area businesses would be hurt by the medians that restricted access. DOT argued against the bills explaining that traffic safety studies showed the need for the medians. The Professional Engineers and Consulting Engineers both opposed and spoke out against the legislation. No one seemed to be listening. When the bill reached the Senate it was given a favorable report by the Transportation Committee and was headed to the floor of the Senate. Fortunately the engineers’ lobby continued to fight the bill and the bill was sent to the Senate Rules Committee where we hope it will die. To read a News and Observer editorial about this same issue go to http://www.newsobserver.com/2011/05/11/1189207/stop-sign.html
This week we are dealing with an effort to force the use of Life Cycle
Cost Analysis on all roads under NCDOT’s jurisdiction and
maintenance of those roads. Yes, you read that correctly. LCCA for all roads and resurfacing! Where did that idea originate? From the concrete lobby. This is being promoted by both the Ready Mix and Concrete Paving Associations. The language, drafted by the concrete industry, makes absolutely no sense. It requires the use of historic data only, yet says data older than two years cannot be used. It forbids the use of any assumptions. So what about traffic projections? Inflation?
Here’s the good news. This move is being seen for what it really is – legislation to tell professional engineers how to do their jobs. The AGC, NC Aggregates Association, Consulting Engineers of NC, and NC Professional Engineers ALL are opposing. Needless to say it is also opposed by NCDOT and the Asphalt Pavement Association. But this is not an asphalt vs. concrete issue. It is about process. It is about professionals who have passed rigorous testing and are bound by license and ethics to safeguard the public – and whether or not motorists should be able to depend on the judgement of professionals or that of politicians to make decisions about the building of our transportation infrastructure.
Thanks to effective lobbying by the above mentioned groups we have been able to slow down and possibly stop altogether this ridiculous attempt that would set a dangerous precedent. But it isn’t over yet. And as long as the General Assembly is in session and the budget is still in play there is a chance this kind of requirement could show up tacked on to something else.
The most disappointing part of this is that at a time when the entire road and bridge construction industry should be working together to protect existing revenue and fighting for more funding we have had to spend valuable time and energy to defeat petty attempts like this. On a full day of legislative visits last week and in a meeting with the Governor’s staff, representatives of the Carolina Ready Mix Concrete Association did not focus their efforts on making the case for leaving our gas tax alone, but chose to cast doubts about the integrity of NCDOT and the role of the asphalt pavement industry in North Carolina. On the four pages of material they left behind with legislators they had nothing to say about preserving the gas tax. Apparently they do not understand that the $320 million devoted to bridge replacement over the next 2 years in the House budget would be signficantly decreased if the gas tax is capped.
We in the asphalt industry will continue to take the high road and work in partnership with NCDOT and other responsible trade associations to improve transportation infrastructure in North Carolina.