2024 ASCE Legislative Fly-In

Chris Carter, PE, M.ASCE
Chair, Legislative Committee, ASCE New York State Council
Past President, ASCE Mohawk-Hudson Section

Annually, ASCE convenes a Legislative Fly-In, gathering delegates from Sections nationwide to convene in Washington DC for direct dialogues with their Congressional Representatives. This event stands as a cornerstone of advocacy for the Society, while concurrently providing attending members with a unique opportunity for professional advancement by refining their skills in the policy-making arena. Even for first-time attendees, the fly-in offers an opportunity to learn about key issues, meet fellow ASCE members from around the country, and delve deeper into the function of the Society at a national level.

This year from February 28th to March 1st over 250 delegates representing 47 states, as well as Washington DC and Puerto Rico, assembled in Washington DC for these pivotal engagements. I had the honor of representing New York State as one of the 13 delegates, sharing the role of Advocacy Captain with Bill Finch from the Syracuse Section.

To prepare the delegates for their Congressional meetings, a series of training sessions, panel discussions, and briefings were planned. US Representative Rick Larson and Sarah Kapnick, Ph.D., Chief Scientist of NOAA provided keynote addresses. Anthony Kane, President and CEO of the Institute for Sustainable Infrastructure also provided an update on Envision. ASCE President Marsia Geldert-Murphey and Past-President Maria Lehman also addressed the delegates.

Meetings with Members of Congress and their staff were scheduled throughout the afternoon on Thursday, February 29th. Each delegate met with staff from the office of the House Member from their own Congressional District, and was typically paired with at least one other delegate for the meeting. I was fortunate to have had the opportunity to meet with Representative Marc Molinaro in person, with Eva-Lerner Lam, Greg Daviero, and Elanor Lamb also in attendance. Eva, Greg, and I also met with Clara Tibbetts from Representative Paul Tonko’s office. Multiple delegates from New York attended the meetings with our two Senators. We met with Hannah Smith from Senator Chuck Schumer’s office and Anthony Sidharta from Senator Kirsten Gillibrand’s office.

The key issues discussed at each of these meetings included:

• Reauthorization of Federal Aviation Administration (FAA) Programs before the March 8^th deadline. A multi-year reauthorization avoids prolonged short-term or stop-gap spending authorizations and prevents uncertainty with future projects and FAA programming, which was the case prior to the FAA Reauthorization Act of 2018. In addition, increased funding for the Airport Improvement Program (AIP) along with extending AIP eligibility to all activities allowed under the Passenger Facility Charge (PFC) will further protect airport infrastructure. ASCE also advocates for extending the eligibility timeframe for the Transportation Infrastructure Finance and Innovation Act (TIFIA) to synchronize with the authorization date stipulated in the new FAA reauthorization legislation. This presents an opportunity to champion resilience and sustainability by allocating funds to such projects and by directing the FAA to collaborate with NOAA and the US Army Corps of Engineers on resiliency initiatives. Moreover, ASCE underscores the importance of addressing the requirements of small communities by endorsing the Essential Air Service Program and the Small Community Air Service Development Program.
• Pass a 2024 Water Resources Development Act (WRDA) bill to keep the legislation on its two-year schedule. The WRDA has been consistently renewed on a two-year cycle since 2014. ASCE urges Congress to maintain this schedule and also include several other priorities, most notably the National Dam Safety Program Reauthorization Act and the National Dam Safety Program Amendment Act. These include a five-year reauthorization of the National Dam Safety Program, which expired on September 30, 2023. The program is currently operating under the current continuing resolution, which funds programs at 2023 levels as well as through IIJA funding. Reauthorization ensures the program can continue to grow and receive future appropriations.   With over 92,000 dams in the United States, support for dam safety at the federal level is essential to prevent potentially catastrophic dam failures and to raise the grade from a D (ASCE’s 2021 Infrastructure Report Card grade for Dams). The Association of State Dam Safety Officials (ASDSO) estimates that more than 2,300 high-hazard potential dams are deficient due to lack of investment. In addition, ASCE urges support for implementing a National Low-Head Dam Inventory as authorized in WRDA 2022. We support the establishment of infrastructure financing programs, similar to State Revolving Fund programs, to provide low-interest loans to communities for stormwater infrastructure projects and urge Congress to ensure full use of the Inland Waterway Trust Fund continues to be appropriated.
• ASCE supports investments and initiatives that promote and enhance infrastructure resilience. We recommend providing full funding for hazard mitigation programs such as the Building Resilient Infrastructure and Communities (BRIC) program and revolving loan programs under the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act. It is also vital to improve data collection programs such as the Providing Research and Estimates of Changes in Precipitation (PRECIP) Act and the Flod Level Observation, Operations, and Decision Support (FLOODS) Act. ASCE also urges Congress to reauthorize the National Windstorm Impact Reduction Program (NWIRP) and the National Earthquake Hazards Reduction Program (NEHRP). We support the use of Life-Cycle Cost Analysis (LCCA) principles and believe that Congress should require all projects greater than $5M that receive federal funding to use LCCA to develop funding plans including design, maintenance, and operation through the end of its service life.
• Flexible and additive workforce development programs to maintain the existing work force and grow the pipeline of future engineers and skilled laborers are necessary to carry out the Infrastructure Investment and Jobs Act (IIJA)/Bipartisan Infrastructure Law (BIL) investment. It is critical to have a civil engineering workforce in place to fully utilize the influx of funding for infrastructure projects. In addition, it is essential to incentivize state and local governments to include skilled workers in their long-term workforce development plans and to support programs to promote STEM education and careers. Targeted outreach to disadvantaged communities is also necessary to help address the diversity gap that persists in the engineering field.

One additional talking point for the NY delegation was the 2022 NY Infrastructure Report Card. The timing for that release makes it an excellent baseline for the state of New York’s infrastructure immediately before the IIJA, making it a great tool for Congressional leaders to see what the IIJA accomplishes over the next few years.

On Thursday evening, ASCE hosted an Infrastructure Gamechangers Reception. All of the ASCE delegates were invited along with the Congress Members and their staff. Anthony Sidharta from Senator Gillibrand’s office was in attendance and we were able to have some additional discussions with him there.

As a second-time attendee, I was much more comfortable with the process and helping to lead the meetings with our Congressional Members and their staff. But even for first-time attendees, ASCE provides meetings and other resources to help delegates prepare. The NYS Report Card was a very useful tool for finding specific information about the key issues as they apply to my state. This is important because issues that directly impact their constituents appeal most to the Members of Congress.

The Legislative Fly-In is an opportunity to learn new skills, hear from experts about the key issues, and to network with other ASCE members from around the country. Not many people get the opportunity to say they went to the Capitol to talk to Congress about issues important to them. ASCE provides this opportunity, which is one of many reasons I would encourage Civil Engineers – especially those early in their career – to become members of ASCE and find ways to be active.