Last October, the New Jersey Department of Environmental Protection began the process of fining stationary diesel engines that are not permitted and do not meet the state and federal clean air standards. As a result of the DEP's efforts, a few aggregate producers in southern New Jersey received fines in excess of $500,000.

These fines and the potential of new fines, lead the NJCAA to propose to the NJDEP a diesel engine compliance program. In exchange for the NJCAA fostering compliance, the NJDEP would waive any new fines and would work with members of this program on a case by case basis to set up a compliance schedule for engines not permitted or those that do not meet clean air standards.

In June of this year, the NJDEP and NJCAA finalized months of negotiations with the signing of the diesel engine compliance program.

   Senator Andy Ciesla, chairman of the Senate Transportation Committee, has agreed to sponsor legislation that will provide "tolerance" guidelines for construction material haulers in New Jersey. The law, if passed, will extend a ready mix concrete truck driver's service time from the federal standards. The current federal drivers' hours of service regulations are as follows:

• A maximum of 15 hours on-duty, after which an individual cannot drive.
• A maximum of 10 hours driving time, after which an individual cannot drive.
• A maximum of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days, after which a driver cannot drive.

These regulations were developed with the long-haul driver in mind and not in consideration of the unique circumstances under which construction industry trucks are operated. So the Federal Highway Administration has provided tolerance guidelines that states may enact while still being considered compatible with federal regulations. These tolerance guidelines for intrastate driving are:

• The 100 air mile radius for being exempt from reporting requirements may be extended to up to 150 miles.
• The on-duty time may be extended from 15 hours to 16 hours.
• The driving time may be extended from 10 hours to 12 hours.
• The aggregate limitations may be extended from 60 hours in 7 consecutive days and 70 hours in 8 consecutive days to 70 hours in 7 consecutive days and 80 hours in 8 consecutive days.

Extending the service hours will go a long way in providing both owners and truck drivers the opportunity to work a few additional hours if needed without sacrificing the safety of employees.

   A bill sponsored by Senator Bob Smith of Middlesex County has been held in the Senate Budget and Appropriations Committee. The legislation will add a new tax on the consumptive use of water. The bill is extended to industrial and commercial establishments.

The NJCAA has vehemently opposed this legislation since it will have an adverse impact on the ready mix concrete and aggregate industries.

The bill, if enacted, will place a tax on water for the industry ranging from $25 per day up to $1,000 per day depending on the size and scope of your operation.The money raised by the new tax increase on water will be used for the following:  

1. Protection of existing water supplies through the acquisition of watershed and wetland areas;
2. maintenance of existing public open space, the lack of which would negatively impact water supplies;
3. restoration of lakes and reservoirs;
4. establishment of new water impoundments, interconnection of existing water supplies, and the extension of water supplies to areas with contaminated ground water supplies;
5. flood control, including dam restoration and repair;
6. prevention of salt water intrusion;
7. enforcement of P.L.1977, c.74 (C.5810 A-1 et seq.) and all rules and regulations adopted pursuant thereto; and
8. to provide the State share to match federal funds for projects authorized pursuant to the federal "Water Resources Development Act of 1986."

Senator Smith has agreed to sit down with the NJCAA to both discuss and entertain amendments to this legislation. The NJCAA will be sending out an action alert letter to you so that you can also contact your legislators and tell them to vote "NO" on this legislation.