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Infrastructure Bill Faces a Bumpy Road


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The Biden Administration and Congressional Democrats, who cling to razor-thin majorities in the House and Senate, continue to try to stitch together a compromise on infrastructure spending and social program investments. This process began in August, when the Senate approved a $1 trillion bipartisan infrastructure bill and followed that up with the passage of a budget resolution, which provided instructions to a number of committees to fashion a $3.5 trillion social spending bill. The latter is being pursued through a process known as reconciliation, which requires only a simple majority in the Senate instead of the normal 60 vote threshold, but includes fairly strict limitations that prevent the process from being used on just any legislation.

While legislative leaders had hoped for swift enactment of these two measures, progress has encountered headwinds. In the Senate, all 50 democrats must be on board for the reconciliation process to prevail, as republicans are unified in their opposition to the package. Two moderates, Senators Kristen Sinema (D-AZ) and Joe Manchin (D-WV), consistently have voiced concern and opposition to spending levels that have been on the table. In the House, Speaker Nancy Pelosi has had to balance the interests of the progressive members in her caucus with the moderates.

Our expectation is that a trimmed-down package ultimately will be enacted, but later this year. The Hardwood Federation team has been playing both offense and defense in this exercise. On the offense side, there are several provisions in the bill that are positive. In the forestry space, the legislation includes measures aimed at reducing the risk of wildfire through forest management. One of the ongoing challenges to making thinning projects economical is access to processing facilities. In many areas in the West, for example, existing wood processing infrastructure is not in close proximity to federal forests that need active management. To address this, the legislation creates a new federal system for subsidizing sawmills and other wood processing facilities, along with $400 million in new financial assistance. The provision specifies that “close proximity” to a sawmill would become a factor for agencies to consider when funding federal land restoration.

In addition to $110 billion to address the needs of our nation’s aging roads and bridges, the bill authorizes two programs to increase the trucking workforce and help shippers that rely on trucks to move products to market. One is a pilot program that would allow younger drivers between the ages of 18 and 21 to drive trucks interstate. Currently, these younger drivers may operate only within a state’s borders. The other is a provision promoting women in the trucking workforce. Language in the bill directs the Federal Motor Carrier Safety Administration (FMCSA) to establish a “Women of Trucking Advisory Board.” The board is tasked with identifying barriers to entry for women in the trucking industry, work across organizations and companies to coordinate formal education and training programs, and help identify and establish training and mentorship programs for women in the industry.  Removing barriers to entry for women is a common-sense, practical approach to try to address the driver shortage. Finally, for North Carolina, a prime hardwood state, there is a provision grandfathering the current state weight limits on state roads that are slated to become federal interstates.

There also is language designed to help small and medium-sized manufacturers make their operations more efficient. Specifically, $2.1 billion is authorized to help manufacturers improve energy, water, and material efficiency, load management and onsite generation to reduce waste and pollution while increasing profit.

In the forestry space, the legislation includes measures aimed at reducing the risk of wildfire through forest management. One of the ongoing challenges to making thinning projects economical is access to processing facilities. In many areas in the West, for example, existing wood processing infrastructure is not in close proximity to federal forests that need active management. To address this, the legislation creates a new federal system for subsidizing sawmills and other wood processing facilities, along with $400 million in new financial assistance.

On the defensive front, spending of the magnitude under discussion necessitates finding so-called “pay fors” to offset the cost to the federal treasury. An increase in the corporate tax rate has been on the table for many months. The bidding started at raising the corporate rate to 28 percent from 21, but most believe it will be closer to 25 percent. The Hardwood team has been focused partially on efforts to roll back the 20 percent deduction enacted for S-Corporations and other pass-through entities as part of the Tax Cuts and Jobs Act in 2017. Sen. Ron Wyden (D-OR) has authored legislation to eliminate this deduction for business owners making more than $400,000. Wyden contends this deduction (known as Section 199A) is used only by multi-millionaires and large businesses. Pass-throughs are a common feature in the hardwood sector and this tax structure is popular across the economy. What Wyden’s legislation does not acknowledge is that Section 199A limits the deduction for larger pass-through businesses to those that have significant employment and investment levels. If a large pass-through business does not create jobs and invest in its community, it does not receive the deduction. The Hardwood Federation joined several other trade groups in signing onto a letter opposing this legislation and its inclusion in any reconciliation measure.

We also are keeping close tabs on discussions around eliminating the “stepped up in basis” for calculating capital gains on property or assets that are passed on after death. Currently, the cost basis upon which capital gains are calculated receives a “step-up” to its fair market value, or the price at which the property or assets would be sold or purchased in a fair market. Stepping up the cost basis eliminates the capital gain that occurred between the original purchase of the asset and the heir’s acquisition. Eliminating this cost basis adjustment would have a profound effect on businesses and individuals. Sen. Chris VanHollen (D-MD) has introduced the Sensible Taxation and Equity Promotion (STEP) Act, which would eliminate stepped up in basis for all capital gains more than $1 million. This proposal has attracted widespread opposition and we are not expecting the stepped up provisions to make it into any final package.

The situation continues to be fluid and, again, resolution is not expected until later this year. The above reflects the status of legislative action in late summer, the deadline for submitting this article. The Hardwood Federation team will continue to be your voice in Washington throughout this process and will keep you regularly apprised of developments and progress on our priorities.

Dana Lee Cole is executive director at the Hardwood Federation, a Washington, D.C.-based hardwood industry trade association that represents thousands of hardwood businesses in every state in the United States and acts as the industry’s advocacy voice on Capitol Hill. She can be reached at [email protected]

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