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RTA NEWS YOU CAN USE
January 12, 2015

TIA's Weekly Legislative Update

WE POST COPIES OF TIA'S WEEKLY LEGISLATIVE UPDATE WHENEVER WE CAN. WE MAY MISS SOME WEEKS BUT WE WILL KEEP TRYING AND THE REASON WE DO IS BECAUSE THE WEEKLY MESSAGES FROM ROY LITTLEFIELD ARE TIMELY AND VERY MUCH WORTH READING IF YOU WISH TO KEEP ABREAST WITH THE GOINGS ON IN WASHINGTON, ESPECIALLY WHEN THEY ARE TIRE RELATED. WE HOPE YOU ENJOY THE FOLLOWING.

January 12, 2015

SMALL BUSINESS LEGISLATIVE COUNCIL (SBLC) IDENTIFIES TOP PRIORITIES FOR 2015
   
Washington, DC - The Small Business Legislative Council (SBLC) has announced that the Council's top priorities for 2015 will be tax reform, health care, regulatory relief and infrastructure.
 
As determined by the SBLC's Board of Directors, in 2015, the SBLC will continue its efforts to support meaningful tax reforms that provide simplification and certainty for small businesses while opposing tax reforms that place an unequal burden on small and closely held businesses.  The SBLC will also be focused on advancing legislation and regulations to improve the Affordable Care Act as well as promoting infrastructure investment to protect the American economy and ensure that all businesses have the tools and systems needed for success and growth.  On the regulatory level, the SBLC will work to engage administrative agencies to address the high regulatory burdens which are stifling small business growth.
 
"Small business is a fundamental piece of a dynamic and growing economy" said SBLC Chair Roy Littlefield, Executive Vice President at Tire Industry Association.  "It is therefore essential that Congress and the agencies keep small business in mind when passing laws and establishing regulations and recognize that small businesses cannot continue to absorb unlimited new burdens while still remaining successful."
 
"We are excited for 2015," said SBLC General Counsel, Paula Calimafde. "Because of the diverse membership of our member organizations, the SBLC has a unique insight into the interests and concerns of thousands of successful small businesses across the country.  We look forward to continuing to work with Congress and the Administration to ensure that small business continues to be a vital and successful part of the American economy."
 
The SBLC is an independent, permanent coalition of 66 diverse national trade and professional associations whose goal is to maximize the advocacy and presence of small business on Federal legislative and regulatory policy issues, and to disseminate information on the impact of public policy on small businesses.  

KEYNOTE SPEAKER ANNOUNCED FOR LOBBY DAY!
DEMOCRATIC WHIP TO ADDRESS ATTENDEES
 
In 2015, Congress will have to address transportation funding and it is more important now than ever we come together with our members to host a Federal Lobby Day. Take advantage of this opportunity to experience Capitol Hill first hand. This free day is all planned for you!
 
TIA's Federal Lobby Day will include a briefing by TIA leaders, the National Republican Senatorial Committee, the Small Business Legislative Council, and former Congressman Al Wynn.
 
The luncheon with Congressional leaders will take place in the Caucus Room of the Cannon House Office Building with Steny Hoyer (Democratic Whip) and Congressman John Delany (D-MD) as the keynote speakers.
 
This event will be followed by meetings with members of Congress and Committee staff from the House Transportation and Infrastructure Committee and Senate Commerce, Science, and Transportation Committee, followed by a reception on Capitol Hill where Congressman Bill Shuster (R-PA)-Chairman of the House Transportation and Infrastructure Committee will give the Keynote address.
 
The more attendees we have, the stronger our message becomes. The next transportation bill could include tax provisions that would affect the tire industry adversely for the next decade. With transportation funding being addressed in the coming months, the timing could not be better to have our voices heard in front of the decision makers in Washington.
 
THE ROOM BLOCK EXPIRES TODAY!!! RSVP a room if needed by the end of today please. Also, if you plan on attending please contact us today for more information by phoning 301.430.7280, but hurry because time is running out! 

SEVERAL STATES INCREASE MINIMUM WAGE
 
Several State increase Minimum Wage Revised State Posters Available through SESCO Management Consultants
 
Twenty one states will have new minimum wage requirements beginning January 1, 2015.
 
The states with changes include:
 
Alaska - $8.75 per hour
Arizona - $8.05 per hour
Arkansas - $7.50 per hour
Colorado - $8.23 per hour
Connecticut - $9.15 per hour
Florida - $8.05 per hour
Hawaii - $7.75 per hour
Maryland - $8.00 per hour
Massachusetts - $9.00 per hour
Missouri - $7.65 per hour
Montana - $8.05 per hour
Nebraska - $8.00 per hour
New Jersey - $8.38 per hour
Ohio - $8.10 per hour
Oregon - $9.25 per hour
Rhode Island - $9.00 per hour
South Dakota - $8.50 per hour
Vermont - $9.15 per hour
Washington - $9.47 per hour
West Virginia - $8.00 per hour
 
Additionally, on December 31, 2014, New York increased its minimum wage to $8.75 per hour.

NEW OSHA REPORTING REQUIREMENTS IN EFFECT
 
Beginning Jan. 1, 2015, there is a change to what covered employers are required to report to the Occupational Safety and Health Administration. Employers are now required to report all work-related fatalities within 8 hours and all inpatient hospitalizations, amputations, and losses of an eye within 24 hours of finding out about the incident
 
On Dec. 11, OSHA held a conversation on Twitter to answer questions about the new reporting requirements going into effect at the beginning of the new year. Some of the most frequently asked questions are discussed in a blog by Dr. David Michaels, assistant secretary of labor for occupational safety and health.
 
Previously, employers were required to report all workplace fatalities and when three or more workers were hospitalized in the same incident. The updated reporting requirements have a life-saving purpose: they will enable employers and workers to prevent future injuries by identifying and eliminating the most serious workplace hazards.
 
Employers will have three options for reporting these severe incidents to OSHA. They can call their nearest area office during normal business hours, call the 24-hour OSHA hotline at 1-800-321-OSHA (6742), or they will be able to report online. (Please note, that the online reporting will not be available until mid January). For more information and resources, visit OSHA's web page on the updated reporting requirements and watch OSHA's new YouTube video, where Dr. David Michaels, assistant secretary of labor for occupational safety and health, explains the new reporting requirements.
 
As of January 1, 2015:
All employers* must report:
 
-          All work-related fatalities within 8 hours
 
Within 24 hours, all work-related:
 
-          Inpatient hospitalizations
-          Amputations
-          Losses of an eye
 
How to report incident:
 
-          Call 1-800-321-OSHA (6742)
-          Call your nearest OSHA area office during normal business hours
-          www.osha.gov/html/RAmap.html

*Employers under Federal OSHA's jurisdiction must begin reporting by January 1. Establishments in a state with a state run OSHA program (like MOSH) should contact their state plan for the implementation date.

ADDRESSING WOTC RENEWAL
WITH HOUSE WAYS AND MEANS CHAIRMAN RYAN
 
As we open our 2015 campaign for WOTC renewal and permanency, the overarching question for WOTC supporters is, "Can the new chairman of the House Ways and Means Committee, Congressman Paul Ryan, be persuaded to retain WOTC in a tax reform bill GOP leaders have promised and that he's likely to deliver by September?"
For if Chairman Ryan decides to retain WOTC in tax reform, that is, make it permanent, a short-term extension for 2015 is assured.

We've seen the last of the "omnibus" extenders bills-the Chairman isn't going that route-instead, he's going to cull the list of extenders and only those he favors will make the cut for tax reform.  

The Chairman is respected as an intellectual who argues powerfully for what he wants and bases his case on facts and analysis-the political storms of the past year didn't keep him from introducing a bill calling for a "commission on evidence-based policymaking."  His way of thinking is that facts and analysis can cut through the sound and fury to a better policy outcome.

So when he makes up his mind to let several extenders expire, he's going to carry the day with the House leadership and defenders of those soon-to-be terminated extenders better head to the Senate because the fight in the House will be over.

How then should we approach Chairman Ryan to make the case for WOTC in tax reform?  There are many ways, but we'll present what we believe is most promising and count on you to comment and critique.

Last July, Ryan issued a discussion draft for reforming the nation's poverty programs.  A copy of that paper is attached HERE-read pages 5 to 8 to get the broad scope of his vision for changing education, training, job search, even criminal justice programs to make them work better toward the goals of more opportunity and more upward mobility for the poor through work (see pages 5 and 6).

These are bold proposals-they would transfer most anti-poverty funds to the states and let governors tackle poverty to innovate and see what works best in getting people into jobs.  In sum, Chairman Ryan has staked out a position on poverty, gives speeches about it, has it on his mind-and at least four-fifths of WOTC eligible workers are poor (allowing for many veterans and people with disabilities being non-poor).

In fact, whenever WOTC has come up, the Chairman has asked about its potential for fighting poverty. He asks serious questions-in one meeting he wanted to know the turnover of WOTC workers.

What's important to us about the way Ryan thinks are several things.  First, his standard for getting out of poverty is work-his goal is programs that encourage work-he censures SNAP for having a weak work requirement, and he diverts its funding to governors (the largest safety net programs are, in order of size, Medicaid, SNAP, EITC, and TANF).  He says,

"The new program would have to require all able-bodied recipients to work or engage in work-related activities in exchange for aid.  The elderly and the disabled would be exempt from this requirement."

(We emphasize, we're looking at how the Chairman sees the poor and where he's headed regarding the safety net-we aren't saying we're in favor of his proposals-in fact, many of our members would oppose them.)

Second, while Ryan envisions turning most Federal anti-poverty money (food stamps, training, etc) over to the states, he retains some programs like the Earned Income Tax Credit at the national level-since it's working well, he retains it as a Federal program, even adds more money. This is important because we want the Chairman to see the virtue of retaining WOTC as a national program rather than leave it to the states.

Third, Ryan looked at EITC, decided it was key to putting a floor under the working poor, and poured more funds into it.  We want him to see WOTC in the same way-that it has the potential of encouraging the hiring many more workers than today.  If the Chairman decides he can use WOTC, he might go further to give it wings-by renewing eligibility for disconnected youth, making all seniors who want to work eligible, making any veteran with honorable discharge papers automatically certified for WOTC, allowing WOTC for private non-profit employers, adding a tenure incentive for employers who retain veterans, the disabled, and ex-felons for three years, automatically extending WOTC to disaster areas declared by the President, eligibility for long-term unemployed and displaced workers, helping the working poor via eligibility for those who claim EITC on their prior year tax return, and helping the poorest of the poor via eligibility to anyone on the Medicaid rolls.

The point is we've coveted these prospects for many years because we know WOTC has the potential to help those who fail time and again to get hired-and are consequently poor.  WOTC has enormous potential to help more of the poor find work-we can leave it at that for now.

The Chairman has a "poverty" subcommittee of Ways and Means, the Human Resources Subcommittee, that will surely be looking at this subject in the days ahead.  We'll be ready to get our message into that discussion and drive it home with Republicans and Democrats who support WOTC, making the point that WOTC's entire focus is work and it's a critical support for any anti-poverty program.

With every opportunity comes challenge.  We are dealing with a new Congress whose entire orientation is to downsize the Federal role by sending funds to the states.  Some are arguing that last year's reauthorization of the Workforce Investment Act, known as "The Workforce Innovation And Opportunity Act" (Public Law 113-128, signed 07/22/2014), directs the states to give priority to specific hard-to- employ groups, which just happens to cover the present list of WOTC eligibles, allowing them to conclude there's no real need for WOTC.

We are swimming upstream and will have to bend every oar to the job.  We'll be issuing our fact sheets and lobbying plan soon.
 
States To Start Processing 2014 Certifications
 
We've been able to get ETA to commit to getting a letter out to states this week telling them to start processing 2014 certifications.
 
We know about half the states now have electronic filing in place-an advance made possible by DOL's willingness to assure WOTC administration funds continued during the 2014 hiatus.
 
Despite this, we are aware several states are behind in processing 2013 certifications. If you know of examples, let us know as it's important ammunition in our talks with DOL to keep the WOTC train running.
 
In DOL's letter below, you will note reference to the time required for issuing a Training And Employment Guidance Letter (TEGL), and for IRS issuing a Revenue Procedure (RevProc) allowing employers additional time to submit requests for certification of 2014 hires. Looks like these issuances ill take another month.
 
Dear TIA:
 
We thank you for your interest in the efficient administration of the Work Opportunity Tax Credit (WOTC) program and the prompt guidance to state workforce agencies (SWAs), who carry out the certification process. ETA shares your concern for ensuring that certifications are issued as quickly as possible, now that the tax extension bill was passed and the program was reauthorized for 2014.
 
To that end, ETA had already begun its consultation with the Internal Revenue Service (IRS) to clear policy for states, and hopes to have the Training and Employment Guidance letter (TEGL) for the reauthorization released in a shorter time period than the usual one to two months in clearance.
 
In view of that inter-agency process, however, ETA also will be issuing its own interim instructions to SWAs this week. The interim instructions issued will provide directions for SWAs until the TEGL is issued. Upon receipt of the interim instructions, states will be able to proceed with further processing of 2014 requests for certification.
 
Several states across the nation were able to automate their WOTC processes over the last year, and many were able to perform substantial amounts of preliminary processing, or verification and source documentation. So, most states should be well prepared to issue certifications and denials on a timely basis, once the guidance is issued to them.
 
Thank you for allowing us to be of service to you once more. Please let us know if you have any further questions, ideas or suggestions.
 
Thanks,
 
Juan M. Regalado
National Monitor Advocate
U.S. D.O.L., Employment & Training Administration

2015 ENERGY POLICY PRIORITIES
 
On January 6, Roy and I represented TIA as we joined with the American Petroleum Institute and other organizations representing all facets of America's energy and transportation sectors to present our vision for a true national energy policy.

 The 114th Congress was sworn in last week with a clear pro-energy mandate. An election night poll found 90% of midterm voters agree that increased production of domestic oil and natural gas could lead to more U.S. jobs. And 86% recognize the connection between increased production and economic growth, which is their number 1 priority.
 
This year's State of American Energy report emphasizes that the United States stands on the threshold of energy self-sufficiency at a level unthinkable just a few years ago. But achieving our full potential as an energy superpower requires getting energy policy right. Congress and the Obama administration should waste no time acting on the following job creating energy policies:
 
Keystone XL: We could have built the Keystone XL pipeline three times over during the six years the project has been under review. Five positive environmental assessments in six years have concluded the pipeline is safe for the environment, and the State Department says the pipeline will support 42,000 jobs putting $2 billion in workers' pockets during the two-year construction phase.
 
Renewable Fuel Standard reform: RFS implementation went from bad to worse last year. The EPA has already publicly acknowledged that it will be at least six months late in issuing 2015 standards that were due in November, and the agency failed entirely to issue standards for 2014 - which were due in November 2013. The only real solution is for Congress to scrap the program and let consumers, not the federal government, choose the best fuel to put in their tanks. Failure to repeal could put millions of motorists at risk of higher fuel costs, damaged engines, and costly repairs.
 
Access: While oil and natural gas production is thriving on private and state lands, it's slumping on federally controlled acreage and is off limits entirely in 87% of federal waters. New studies show opening the Atlantic, Pacific and eastern Gulf of Mexico to development could create nearly 840,000 new American jobs and grow our economy by up to $70.2 billion per year.
 
To start the year with legislation guaranteed to create jobs and grow the economy, the new Congress should move quickly to advance these commonsense energy policies.
TIA's Legislative Update is written by:

Roy Littlefield, TIA Executive Vice President
Contact:  301.430.7280 ext. 108
rlittlefield@tireindustry.org

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THOUGHT FOR THE DAY

"One who fears failure limits his activities.
Failure is only the opportunity
to more intelligently begin again."
~ Henry Ford