Chair’s Column

Vol. 52 No. 2

By

Dear Section Members:

The articles in this issue of Infrastructure remind me what complicated legal and political issues are raised by the development and financing needs of our infrastructure industries. Intertwining laws and regulations, and tax and accounting policies, are all factors that must be considered as energy and other infrastructure businesses analyze their investment options. Unless these businesses can project construction costs (including tax and accounting treatment) and an accurate timeline to completion, they cannot raise or commit capital, begin construction or hire new workers. Energy companies of all types need regulatory certainty, and for more than a few months at a time.

The Keystone XL article by Jehmal Hudson describes the complexity of permitting, routing, and building an oil pipeline to bring new energy resources across our northern plains. The article on the American Tax Payer Relief Act by Section Council Group members David Hardy and Marty Pugh describes some of the complex, though short-term, incentives for renewable energy resources that found their way into the last-minute 2012 “fiscal cliff” legislation. But the article also explains the lack of agreement on how to “fairly” tax individuals and corporations. Thanks to Jehmal, David, and Marty for helping us understand these complex topics.

There are many important policy debates to be had, and important interests to be considered and weighed in Washington, D.C., and our state capitals. The political process must facilitate a rational discourse on the risks and rewards, benefits and costs, of different policy objectives. But then the legislators and regulators must reach consensus and make decisions. Our infrastructure industries need clear and consistent laws and regulations before they can plan and finance new infrastructure projects.

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