Washington Report: The ACPA Policy Agenda Expands

By Craig Piercy, ACPA Washington Advocate

Nearly 15 years ago, the ACPA embarked on its first foray into public policy. Joining with 30 other construction trade associations, the Association worked successfully to counter an IRS regulatory “sneak attack” to eliminate the Mobile Machinery Exemption, which protects construction companies against paying highway taxes for job site equipment. Our cause was aided in no small part by a young, two-term Congressman whose family earthmoving business in Wisconsin had given him a familiarity with the construction business. Today, that Congressman is now Speaker of the House and the preservation of the Mobile Machinery Exemption has saved taxpayers roughly $5 billion. Similarly, the ACPA advocacy effort has matured. Once focused solely on fuel taxes, our efforts have since broadened into a more diverse portfolio of policy. What has not changed, however, is our commitment to support and protect the interests of the concrete pumping industry. Here are a few of the activities and issues in which we have been engaged in the last few months.

ACPA Petitions USDOT for Relief from Hours of Service Regs

Removal of 30-minute mandatory rest period sought

Recently, the ACPA formally petitioned the Federal Motor Carrier Safety Administration (FMCSA) for an exemption to the minimum 30-minute rest break provision under the FMCSA’s hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. Specifically, the ACPA has requested that concrete pump operators may use 30 minutes or more of on-duty “waiting time” to satisfy the requirement for the 30-minute rest break, provided that they do not perform any other work during the break. This request mirrors the exemption recently granted to the National Ready Mixed Concrete Association (NRMCA).

ACPA Joins Fight Against High-Rise Wood Construction

Key member of “Stop TIA Coalition” in Washington

Congressional allies of the timber industry have introduced legislation in the U.S. House and the Senate to expand federal support for high rise wood construction technology. The so-called Timber Innovation Act (TIA) would promote grants through the U.S. Forest Service for construction of structural wood buildings up to 100 feet or 9 stories–despite significant safety-related concerns within the firefighting/first responder community.

ACPA is a founding member of the Stop TIA Coalition, created to raise awareness among concrete and steel champions in Congress of the dangers of this ill-conceived legislation. While chances of TIA passage before the election are slim, legislative action is anticipated in the next Congress, which convenes in January.

ACPA Continues Effort for Fuel Tax Reform

While Congress is not expected to consider legislation related to the highway trust fund in federal fuel excise taxes this fall, ACPA continues to engage with congressional members and committees in preparation for a renewed pushed to pass the Concrete Pump Tax Fairness Act in the new session, which starts next year. In the meantime, several members of the House Ways and Means Committee have indicated their support for the bill this year.

ACPA Provides Input to IRS in Support of New Excise Tax Accounting Rules

In late spring, the IRS proposed a host of changes to its current definition of a highway vehicle, as well as its process for collecting excise taxes on heavy vehicle chassis. ACPA provided public comments reaffirming the tax exempt status of concrete pump chassis as provided for in the mobile machinery exception, and supporting the proposed “certificate program,” which would provide additional clarity for concrete pump manufacturers who purchase bare chassis from OEMs, such as Mack Trucks.