Introduction The American Chemistry Council (ACC) is mounting an offensive attack for Plastic Pipe against our industry by supporting “Open Competition” bills initiated by the American Legislative Exchange Council (ALEC). Our goal: Defeat each and every one of these bills. Our message: This is an engineering issue, not a pipe issue. Today’s tasks: Review previous attacks Review previous responses Agree on a plan to defeat ACC Make assignments for implementing plan Control the Conversation www.concrete-pipe.org

ACC’s Targets www.concrete-pipe.org

How It Began Initial email from ALEC touting their involvement in the “Open Competition” legislation Original proponent – PVC industry – water pipe Original Target – Ductile Iron Expanded targets – Storm drainage (pushed by HDPE in Connecticut and Virginia) States where legislation has been introduced www.concrete-pipe.org

Control the Conversation On the surface this appears to be “Pipe” legislation – DO NOT let the focus go there. This is a direct attack by the plastic pipe industry on ENGINEERS and their duty to render their engineering judgement in protecting the safety and well being of the public. www.concrete-pipe.org

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Why Bills Failed Texas – Representative who introduced asked to retract by boss Arkansas – Strong alliance of public works officials and engineers opposed Indiana – ALEC opposition Ohio – Strong coalition of opposition Connecticut – ACPA sponsored lobbyist Virginia – VDOT opposition Tennessee – Construction Industry opposition Arizona – Engineering/Industry coalition Oklahoma – Engineering opposition www.concrete-pipe.org

Ohio Legislation Lessons Don’t just focus on the committee members, we need to be reaching out to every legislator whose district we have members living/producing. This can jump committees year to year, and we should have our representatives educated on the issue in case it comes to one of their committees. We also are playing the long game in case the bills make it out of committee and we need friends on the floor. Alert city engineers that have been used as examples of “prejudiced” or “anti-PVC” municipalities by the chemical council. Find a champion (non-pipe industry) engineer, who is passionate and well-spoken about their right to design. www.concrete-pipe.org

Ohio continued Present to Soc. of Pro. Eng. state legislative committee to convince them to vote to oppose this legislation.  Once their board votes against it, they will keep it in their sites all year. Participate in Soc. Of Pro. Eng. Legislative days, and visit legislators Publish articles through state professional engineers’ publications…we need to rouse the engineering community to fight this. Place ads in engineering publications Employ a statewide lobbyist when necessary www.concrete-pipe.org

Ohio continued Incorporate the state DOT if at all possible. Build a coalition ACEC (American Council of Eng. Companies – state chapter), NSPE (National Soc. of Professional Engineers - state), DIPRA (Ductile Iron), NCPI (Clay Pipe), AWWA (American Water Works - state), County Engineers, City Engineers, League of Municipalities or similar Attend every public hearing or Interested Parties meeting on the bill, fill up the room in opposition Provide a lot of written testimony against the bill, but save verbal testimony to just 1 or 2 focused voices (keeps our message clear and concise, and if legislators want to do more research they can go to our written testimony). www.concrete-pipe.org

Ohio continued Under no circumstances do we accept an amendment or a study.  These bills are trying to fix a problem that does not exist. Compromise is not an option. www.concrete-pipe.org

Plan of Attack Secure allies DIPRA, ACEC, ASCE (American Soc. Of Civil Engineers). Any others? Meeting with DIPRA scheduled during TRB Next steps to secure allies? www.concrete-pipe.org

Plan continued Form a front-line team in each of the 10 states Identify key people in each state Do we need to supplement with lobbyists? Next steps? Notify / assign key people? Get key people in each state organized and talking to each other? Identify existing relationships with legislators? Identify and reach out to state trade associations, other key groups? Find and hire lobbyists in select states? www.concrete-pipe.org

Plan continued Provide tools to the state teams New monitoring and communication tool (Fiscal Note) Alert us when a bill has been introduced Provide background on sponsor, committee, likelihood of success Provide communication platform for sharing information Next steps? www.concrete-pipe.org

Plan continued Toolkit for state working groups Key Messages (see next slide) Mischief Afoot piece? Sample letter to legislators Sample op-ed Sample “legislative alert”? What else? www.concrete-pipe.org

Plan continued – Messages used in Ohio There is no need for this legislation: The current procurement process for pipe works well in Ohio. There is no problem to solve; this legislation merely gives a competitive advantage to one type of pipe material. Nothing in current state law prohibits any state or local government agency in Ohio from using the pipe material of their choice. Currently, a county or city engineer determine the suitable piping material when they develop specifications to provide the best materials for that community. There is no evidence that Professional Engineers and/or public agencies in Ohio create erroneous or otherwise improper specifications for water, wastewater or stormwater projects. This legislation will expose Professional Engineers and local governments to lawsuits if they determine a particular type of pipe material is unsuitable for a project. Litigation is not productive, but further will strain the operating budgets of Ohio’s government agencies and delay project completion. This legislation only will create problems for Professional Engineers and government agencies. It won’t solve a problem, as there is no problem to solve. HB 214 is an unwarranted and unwise assault on engineers. The trained and accredited Professional Engineer who is protecting public safety. It is the Professional Engineer who adheres to a code of ethics when making all project-related decisions. It is the Professional Engineer who is ultimately liable for any failures. Replacing the knowledge and experienced decisions of Professional Engineers with the hasty mandate of a political body is wrong. The selection of pipe materials should remain in the hands of Professional Engineers, who specify the products that will best serve both their project and community needs. HB 214 is being promoted by a Washington DC-based organization whose sole interest is creating a bigger market for the manufacturers of PVC or plastic pipe. This legislation has been pitched to one state after another, and rejected by one state after another. Just ask a legislator from Arizona, Arkansas, Connecticut, Indiana, Oklahoma, North Carolina, South Carolina, Tennessee, Texas, or Virginia. Ohio should not be the first state to fall for this proprietary specification ploy. Support Professional Engineers and government agency discretion by rejecting the legislative proposals of outside groups that desire change for sales purposes.   Stand with Professional Engineers: Oppose Ohio House Bill 214. www.concrete-pipe.org

Plan continued Advertising Advertising plan How to share advertising info with state working groups Next steps? Any other tools needed? www.concrete-pipe.org

Final task Review assignments and deadlines. www.concrete-pipe.org