26 minute read
Drones and Infrastructure Maintenance
Eyes in the Sky Drones help states maintain infrastructure.
by Mary Elizabeth Lonergan
With a low hum, a spider-like robot hovers overhead. Just 15 years ago, its presence over a bridge or public roadway might have drawn attention or caused anxiety. Today, though, it’s just a drone doing its job — evaluating the safety of the concrete underfoot. Commercial drone use has risen sharply since 2016, when the Federal Aviation Administration (FAA) created new exemptions allowing for increased drone operation in the U.S. Government officials quickly realized the potential for drones to assist in key infrastructure projects. Beginning in 2017, a federal program allowed 10 state, local and tribal governments to conduct advanced work with drones. (The FAA and professional operators often refer to drones as Unmanned Aircraft Systems, or UAS.) In 2020 a new program called BEYOND launched to continue working with eight of the original 10 participants. The Choctaw Nation of Oklahoma is participating in the program. The Nation had looked for ways to get involved in aviation projects as early as 2016, and it was selected as the only tribal nation to participate in the BEYOND program in 2020, said James Grimsley, who serves as executive director of Advanced Technology Initiatives with the Choctaw Nation of Oklahoma and also serves as a Kansas transportation commissioner. “Technology can be an equalizer for rural and historically underdeveloped areas,” Grimsley said, referring to drones and emerging aviation technology. “It allows us to leapfrog on infrastructure problems.” Pointing to the 11,000 square miles comprising the Choctaw Nation, Grimsley said using drones for roadway inspections and traffic reductions can lead to better outcomes for communities.
“As we begin to equalize drone routine delivery, we can reduce traffic on roads. We see a plethora of benefits in health, safety and a slow-down on deterioration [of roads],” he said. Grimsley said the Choctaw Nation is also using drones for agricultural purposes, like easily locating lost cattle or examining crops. Kansas is seeing similar results. Bob Brock, director of aviation for the Kansas Department of Transportation, said drones have had positive impacts for agriculture and aviation, the top two industries in the state. Drone usage has also improved safety. Through the BEYOND project, Kansas has been able to provide tower and bridge inspections without putting staff at risk or impeding traffic. “In order to inspect a (light) tower in a high-wind environment like Kansas, it has to achieve a balance of cost and safety and it is possible for a 60-foot tower to be damaged by the wind, structurally, to the point it needs to be taken down,” he said. Brock said a ladder will not work, but a drone allows his team to inspect the tower properly and determine any next steps. “That saves us about $15,000 for every tower that otherwise would have to be taken down…That’s a major economic benefit,” he said. North Carolina, another state participating in the BEYOND program, created the first state system to issue permits for government and commercial drone operators in 2016 and has hosted multiple workshops to educate government and commercial users on how drones can improve efficiency and safety and reduce costs. North Carolina Department of Transportation Aviation Director Bobby Walston said that in 2017, the UAS program was able to publish results from a North Carolina case study involving the North Carolina Highway Patrol Collision Reconstruction Unit.
“The study showed drones drastically reduce the time and cost it takes to reconstruct collisions, compared to traditional ground-level methods, decreasing impacts to motorists and improving safety for North Carolina Department of Transportation personnel. The study propelled drone use by the State Highway Patrol for this purpose, which continues today,” he said.
North Carolina’s use of drones has been instrumental in fighting the COVID-19 pandemic, as well. Walston said through the BEYOND program, his team was able to partner with North Carolina hospitals and UPS Flight Forward in August 2021 to launch “the first COVID-19 vaccine drone delivery program in the country.” North Dakota is another state seeing successful outcomes from implementing drones in infrastructure inspections. The state’s UAS network, Vantis, is helping turn North Dakota into the “nation’s epicenter for UAS innovation,” said Nicole Ingalls-Caley, marketing manager for Vantis. Vantis has completed an initial development and testing phase for three drones and operators and expects to add another six in 2022. North Dakota Chief Technology Officer Duane Schell offered insight into the parameters of the drone program. “Today, you are not allowed to fly a drone beyond the visual line of sight of the pilot without a permit and waiver process with the FAA,” he said. “At the heart of this project is, “How do we fly safely, how do we keep the national airspace safe in a world where the number of aerial assets is going to be exponentially greater than they’ve ever been?” Schell said much of his time is devoted to building the network of technologies to create “command and control” and “detect and avoid.” Command and control refers to control of the drone when you cannot see it. Detect and avoid refers to the capability to detect other aerial assets in the flight path and avoid them. Businesses across the country are turning to drones to make operations easier. Xcel Energy, based in Minneapolis Minnesota, became one of the first energy companies authorized by the FAA to operate drones beyond the visual line of site. As one of the largest electric suppliers in the Midwest, Xcel Energy relies on accuracy of drones to better provide for customers.
“The use of drones is helping increase the level of safety of our inspection operations. They also minimize the impact to the customer/environment and capture more consistent/higher quality data,” Lindstrom said. Drone and aerial companies are beginning to see more of their services utilized.
“We are beginning to see the environment shift from the early adopter stage to drones being more recognized for the value they provide in keeping workers safe, collecting data in a methodical manner and the efficiency they can bring to operations,” said Rae Siebels, the director of sales and marketing for Vision Aerial, a drone manufacturer. Despite differences in programs, state statutes are being changed quickly to better accommodate the use of drones, and officials expect that drones will continue to advance in technology and improve outcomes for the states.
“The amount of energy and positivity in all of this is over the top,” Schell said. “There’s been a lot of trial and error, a lot of experimentation. Energy and agriculture are our biggest industries. The work they are doing is truly changing the world.”
Technology can be an equalizer for rural and historically underdeveloped areas. It allows us to leapfrog on infrastructure problems.”
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Maine Passes “Right to Food” Constitutional Amendment
In early November, Mainers voted to add a constitutional amendment guaranteeing a “right to food” for all individuals, including the right to grow, harvest, and consume food of their own choosing. The amendment, in accordance with Maine law, first had to pass both legislative chambers with two-thirds majorities before heading to referendum in November, when it was approved by 60% of voters. The full text of the amendment, which is the first of its kind in the nation, reads: “Section 25. Right to food. All individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, as long as an individual does not commit trespassing, theft, poaching or other abuses of private property rights, public lands or natural resources in the harvesting, production or acquisition of food.” Advocates supporting the effort, including Right To Food For Maine, pointed to the need for the state to become more food self-sufficient. They noted that 90% of what Mainers eat is imported into the state, leaving access to food vulnerable to disruptions in the supply chain, as evidenced by empty shelves and labor shortages.
Maryland Gov. Larry Hogan signed an executive order on Jan. 26 establishing the Governor’s Subcabinet on Infrastructure, which consists of state agencies that will administer funds and advise on the implementation of the federal Infrastructure Investment and Jobs Act (IIJA). The order also named Allison S. Mayer, Hogan’s deputy chief of staff, as infrastructure director. The subcabinet is made up of multiple department secretaries and agency directors, with support from the governor’s federal and intergovernmental affairs staff. “We were proud to help push the federal infrastructure law across the finish line, and it will be a great force multiplier for jobs, economic growth and transformational projects that will leave a lasting impact,” Hogan said in a statement. “Our team has been preparing for the implementation of this new law since bipartisan talks first began last year. With Allison’s appointment and the establishment of this new subcabinet, we are taking the next critical steps to advance even more priority projects across the state.”
NY Bill Would Freeze Unemployment Tax Rates, Increase Weekly Benefit
A bill passed by the New York Senate on Jan. 25 would freeze scheduled increases in the unemployment insurance taxes that businesses pay for the 2022 and 2023 fiscal years. Additionally, the legislation will increase the maximum unemployment benefit for workers who have lost their jobs by up to 10.5%. The legislation was introduced by Sen. Anna Kaplan, who serves as chair of the Committee on Commerce, Economic Development and Small Business, to support small businesses and unemployed workers who are still dealing with the impacts of the pandemic. “So many of our State’s small businesses barely survived the challenges of the pandemic, and if we allow them to be hit with massive increases in their payroll taxes, many will be forced to close their doors for good,” Kaplan said in a press release. “Our longterm economic recovery depends on the success of our small businesses […].”
Vermont Senators Introduce Bill to Raise School Age Requirement
A bill introduced in the Vermont Senate would raise the required minimum age for school attendance from 16 to 18, attempting to reduce the number of students who drop out of school. Sponsored by Sen. Alice Nitka and Sen. Alison Clarkson, the bill would allow certain exemptions, including students who are “physically or mentally unable to attend,” students who have already completed the 12th grade, students who have received an excuse from the superintendent and students who are enrolled in specified apprenticeship, technical training or college programs. According to VT Digger, a nonprofit newsroom, Education Commission of the States data shows that 26 states currently require students to attend school until the age of 18.
Pennsylvania AG Announces Full Opioid Settlement Sign-On
Pennsylvania Attorney General Josh Shapiro announced that all 67 counties and 241 local governments in Pennsylvania signed on to a historic opioid settlement by the Jan. 26 deadline. The settlement — a $26 billion agreement with McKesson, Cardinal Health, AmerisourceBergen and Johnson & Johnson — intends to resolve more than 3,000 lawsuits that allege the drug manufacturer and distributors played a role in fueling the opioid crisis. About $10.7 billion of the payout was dependent on local government participation. According to Reuters, about 90% of eligible local governments across the U.S. signed on to the settlement by the deadline. “Every community in Pennsylvania has been touched by the opioid crisis — it has ravaged our towns, our families, and our state,” Shapiro said in a press release. “[…] While no dollar amount will bring back what we have lost, this settlement was negotiated to allocate funding to states and local communities who have been most impacted by this crisis, and will provide more resources for treatment than any previous settlement. I look forward to seeing the progress these resources will make in neighborhoods, treatment facilities, and the lives of so many.”
IA / IL / IN / KS / MI / MN / ND / NE / OH / SD / WI / AB / MB / ON / SK
Two Midwest States Add Anti-Discrimination Language to School, Employment Laws
Bills to ban discrimination based on hairstyles associated with race became law this year in Illinois and Nebraska, placing them among 13 states nationwide to have done so since California’s CROWN (Creating a Respectful and Open World for Natural hair) Act was enacted in 2019. Illinois’ SB 817, known as the Jett Hawkins Act — named for a 4-year-old boy who was sent home from his school because his braids violated the dress code — bans schools from creating hairstyle-based dress codes. It takes effect at the start of 2022. Nebraska’s LB 451 amends the state’s Fair Employment Practice Act by expanding the definition of race to include “characteristics such as skin color, hair texture, and protective hairstyles,” and defining those styles as including braids, locks and twists. Signed in early May, SB 451 does not prevent law enforcement agencies or the Nebraska National Guard from “imposing its own dress code and grooming standards.”
New Laws Enacted to Clear and Prevent Backlogs of Untested Rape Kits
Several Midwestern states enacted laws in 2021 to process backlogs of sexual assault evidence kits — so-called “rape kits” — and/or prevent backlogs from building anew. Kit tracking systems were created in Iowa (HF 426), North Dakota (SB 2281) and Wisconsin (SB 71 and SB 94). Ohio’s fiscal year 2022 budget allocates up to $1 million to state and local law enforcement agencies to handle sexual assault kits. In addition, a new Illinois law (HB 1739) requires the collectors of evidence (medical facilities and law enforcement agencies) from a sexual assault survivor to notify him or her about the state’s existing tracking system. In 2021, Iowa completed a six-year effort, the Iowa Sexual Assault Kit Initiative, to find and test all untested kits collected before April 2015. As a result of the initiative, Attorney General Tom Miller says, 1,606 kits had been tested, resulting in four new criminal charges and two new convictions.
South Dakota Supreme Court Rules Against 2020 Marijuana Legalization Amendment
The South Dakota Supreme Court ruled in November that an initiated amendment to legalize recreational marijuana use was unconstitutional. Voters had approved the measure in 2020. Justices upheld an earlier Circuit Court ruling that the amendment violated the state’s single-subject rule, itself a constitutional amendment approved by South Dakotans in 2018 (“No proposed amendment may embrace more than one subject.”) Justices said the proposal covered at least three distinct subject areas: legalization and regulation of marijuana, access to medical marijuana and the cultivation and sale of hemp. In November 2020, 54.1% of voters approved the amendment. A lawsuit seeking to overturn it was filed two weeks later by a county sheriff and a highway patrol officer. A separate voter-approved initiated measure legalizing medical marijuana in South Dakota still stands.
Illinois Announces $75 Million to Clean Up Abandoned Mines
Illinois Gov. J.B. Pritzker announced $75 million in funding from the U.S. Department of the Interior to clean up and reclaim abandoned coal mines across the state. As part of the bipartisan Infrastructure Investment and Jobs Act, the funding is intended to address environmental concerns, create jobs and make the sites of former mines available for new business ventures. “This new federal funding will help clean up abandoned mines across our state, creating jobs and keeping our communities safe," Pritzker said in the release. “I am grateful to President Biden, Secretary Haaland, and bipartisan members of Congress for their work to pass the Bipartisan Infrastructure Law and invest critical funds in our communities that need it most.”
More Than $1 Billion in Additional Federal Funding Coming to Protect Great Lakes
A big boost of federal funding is coming over the next five years to help Great Lakes states and communities protect the largest freshwater system in the world. The recently enacted Infrastructure Investment and Jobs Act includes $1 billion for the Great Lakes Restoration Initiative, the 11-year-old program that funds projects related to five priority areas. The inclusion of this money in the larger infrastructure package caps a historic year in federal Great Lakes policy and funding. In early 2021, the U.S. Congress passed legislation reauthorizing the Great Lakes Restoration Initiative through fiscal year 2026 with gradual increases in funding — from $375 million in 2022 to $475 million in 2026. A total of $3.8 billion went to the initiative between 2010 and 2021, including $330 million in the most recently completed fiscal year. The U.S. Environmental Protection Agency cites several accomplishments since the Great Lakes Restoration Initiative’s inception: • The delisting of six Areas of Concern (toxic “hot spots” in different parts of the Great Lakes basin) and acceleration of cleanup work in other Areas of
Concern.
• The start of projects to control invasive species on more than 178,000 acres in the Great Lakes region • A projected reduction of more than 1.5 million pounds of phosphorus runoff • The protection, restoration or enhancement of more than 440,000 acres of coastal wetlands and other habitat
Excerpted from Stateline Midwest, a CSG Midwest/ MLC publication: csgmidwest.org/stateline-midwest
Ransomware Attack Highlights Importance of Security Systems
In December 2021, the Virginia Division of Legislative Automated Systems was the target of a ransomware attack, shutting down the computer systems for the Commonwealth’s legislative agencies and commissions less than a month before the start of the legislative session. By early January, nearly all web assets and applications had been restored. This attack, and similar incidents across the country, underscore the importance of investing in cybersecurity improvements to ensure critical state systems and resources are adequately protected. Virginia Gov. Glenn Youngkin, who has named cybersecurity as one of his administration’s priorities, announced Margaret “Lyn” McDermid as the next Secretary of Administration of the Commonwealth of Virginia. McDermid previously served as chief information officer for the Federal Reserve System and will oversee multiple areas including state technology policy. AL / AR / FL / GA / KY / LA / MO / MS / NC / OK / SC / TN / TX / VA / WV
South Carolina Corrections Director Recognized for Innovation
South Carolina Corrections Department Director Bryan Stirling has been named the 2022 recipient of the Correctional Leaders Association’s Tom Clements Innovation and Achievement Award. This annual award recognizes corrections leaders who have initiated outstanding innovation or achievements in the areas of administrative segregation, recidivism, parole supervision and prison programming. During his eight years in leadership, Stirling’s initiatives have increased starting salaries for corrections officers, lowered recidivism and improved both security and quality of life for inmates. Gov. Henry McMaster cited Stirling's efforts to obtain federal permission to jam cellphone signals in prison to prevent inmates from continuing to arrange criminal activities from the inside and efforts to stop contraband from getting into prison by installing nets so bundles can't be thrown over fences into prison yards. “South Carolina is a safer place because of Director Stirling's strong leadership and collaborative efforts,” McMaster wrote. During his tenure, Stirling also has gained the trust of state legislators, who allocated nearly $100 million to make security updates and improvements to prison buildings. These include areas like air conditioning as well as tablet computers that well-behaving inmates can use to watch movies or call family, which help their quality of life too, according to his nomination.
U.S. Supreme Court Agrees with Decision on Criminal Appeals
The U.S. Supreme Court has let stand a decision by the Oklahoma Court of Criminal Appeals that McGirt v. Oklahoma is not retroactive, greatly limiting the number of people who can challenge their convictions for past crimes on newly affirmed Indian reservations. On Jan. 10, according to the Associated Press, the Court “rejected the appeal of Clifton Parish, a member of the Choctaw Nation who argued the state did not have jurisdiction over him because the killing for which he was convicted happened on land within the tribe's historic reservation.” In 2020, the U.S. Supreme Court’s landmark ruling in McGirt v. Oklahoma affirmed that the Muscogee (Creek) reservation was never disestablished. This ruling led to the affirmation of five other reservations in Oklahoma. One outcome, according to Ballotpedia, was that “the state of Oklahoma could not legally try a Creek citizen for criminal conduct in state court.”
Alabama Legislative Website Simplifies Engagement
In January, the Alabama Legislature unveiled a new website. Marking the first significant update in more than five years, the new website is designed to improve navigation to legislative information during session. Upgraded features include improved ability to search the text of bills, an option to filter bills by sponsor, subject or session and a feature that allows users to save multiple bills for easier tracking. In addition, a live streaming tab has become part of the site’s permanent architecture, making it easier for members of the public to engage with legislative proceedings.
Domestic Violence Prevention
A new law — Senate Bill 216 — passed by Tennessee legislators requires licensed barbers and cosmetologists to participate in a training designed to identify signs of domestic violence. This free, one-hour training will teach participants to recognize signs of domestic violence and how to connect possible victims with appropriate resources. Beginning Jan. 1, 2022, people seeking their license must complete this course, while those already licensed must take the course by December 2025.
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Five Western States Join Lawsuit Challenging Vaccine Mandate
Alaska, Arizona, Montana, Utah and Wyoming have joined 19 other states in filing a lawsuit in the U.S. District Court of Louisiana to block a federal COVID-19 vaccine mandate that requires Head Start workers and volunteers to be vaccinated. The mandate was originally blocked by a U.S. district judge in Louisiana who ruled the president bypassed Congress when ordering that workers in Head Start programs had to be vaccinated by Jan. 31. Additionally, the judge noted that students 2 years or older cannot be required to wear a mask when indoors or when in close contact outdoors.
Montana Utilizing American Rescue Plan Act Funds to Deliver Water
Montana Gov. Greg Gianforte provided almost $2 million to the City of Dillon for a drinking water improvement project. This is the first water and sewer infrastructure project being reimbursed through the American Rescue Plan Act funds. The project was awarded through a competitive and minimum allocation grant with the goal of replacing waterline transmission and distribution systems. The City of Dillion is the first of Montana’s cities to receive the reimbursable funds. The project began in July 2021 and is expected to be completed in December. In addition to the almost $2 million from American Rescue Plan Act funds, the project includes $625,000 from other grants, totaling $4.4 million.
Canadian Provinces Update Travel Guidelines
British Columbia and Alberta provinces are requiring proof of COVID-19 vaccination for all travelers 12 years and 4 months of age and older to depart from a Canadian airport, travel on VIA Rail Canada or Rocky Mountaineer trains or traveling on a cruise ship. Travelers must obtain a federal proof of vaccination through Health Gateway or the British Columbia Services Card. The proof of vaccine includes name and birthdate and vaccination status. No other health information is connected to the card. A QR code is included on the card for easy scanning. International travelers must show proof of vaccination to be exempt from quarantine and testing requirements. Travel within Canadian provinces is allowed.
Utah, CSG West States Encourage Competition in Meat Processing and Packing
Attorneys general from CSG West member states California, Hawaii, Idaho, New Mexico, Nevada, Oregon, Utah and Wyoming joined eight other attorneys general in recommending that the U.S. Department of Agriculture improve competition in the meat processing industry, with a goal of helping farmers, ranchers and consumers. In the letter, the attorneys general discussed the Packers and Stockyards Act, first instituted in 1921. The goal of the act was to address deceptive and anti-competitive meat market practices. Over the years, corporate consolidation has created less competition for livestock and poultry producers. By 2018, the four largest beef packers accounted for more than 85% of the market. That same year, the four largest processors of pork controlled 70% of the market. The attorneys general asked USDA Secretary Tom Vilsack to address the lack of competition and to consider utilizing American Rescue Plan Act dollars for a grant to investigate agricultural markets by state antitrust enforcers. The letter asked for more investments and reforms as well. Attorneys General from Delaware, Illinois, Maryland, North Dakota, Rhode Island, South Dakota, Minnesota and Iowa also joined in the request.
Hawaii Leading Fight in Prosecuting Sexual Assault, Abuse, Exploitation and More
In December, then-Hawaii Attorney General Clare Connors led a coalition of 37 attorneys general in writing a letter to the American Law Institute, encouraging it to reject proposed changes to the Model Penal Code (MPC). According to the attorneys general, changes to Section 213 of the MPC would weaken a state’s ability to prosecute sexual assault, abuse, trafficking and exploitation crimes. Additionally, the changes would endanger victim safety and more. “This letter reflects our Department’s long-standing commitment to safeguarding the community by ensuring our laws protect victims and support effective prosecution of these crimes,” said Connors. “The changes proposed by the American Law Institute will both reverse the progress we have made to hold sex traffickers accountable and increase the harm to victims of these offenses. Laws that favor bad actors at the expense of victims must be soundly rejected.” The considered changes from the American Law Institute to the MPC include removing ‘advertising’ and ‘obtains’ as acts that can be used to establish trafficking. The change excludes criminal liability from those who benefit from sex trafficking and would require the government to prove that the age of the victim was known and disregarded by those who engage in sex trafficking. Additional changes would be made to sex offender registry requirements and more. In addition to Hawaii, the letter was signed by attorneys general from CSG West member states Alaska, Arizona, Colorado, Montana, New Mexico, Oregon and Utah, along with 29 other attorneys general from across the country.
MILESTONES in
INFRASTRUCTURE
Containing an estimated $550 billion in new spending, the bipartisan Infrastructure Investment and Jobs Act marks a new era for U.S. transportation, power, broadband, water and resiliency projects. With new developments on the horizon, enjoy a look back at significant milestones in U.S. infrastructure history.
Launched by the Federal-Aid Highway Act of 1956, the U.S. interstate system is now 46,876 miles long. Its official name is long, too: the
DWIGHT D. EISENHOWER NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS.
In what is now Arizona, the Hohokam people built more than 500 miles of aqueducts — canals powered by gravity flow. According to the National Park Service, their irrigation system was the largest and most complex of any New World culture north of Peru.
When it was completed in 1937, the Golden Gate Bridge became the tallest and longest suspension bridge in the world.
Other bridges have overtaken the Golden Gate in length and height, but it still claims one superlative:
MOST PHOTOGRAPHED.
In 2000, only 1% of U.S. adults said they had access to a broadband connection at home, according to Pew.
Today, that percentage is 77%.
The first subway line in the U.S. was built in Boston between 1895 and 1897. It was 1.5 miles long.
Just seven years later, NEW YORK CITY opened the first section of its famed subway. In 2019, the NYC subway included 665 MAINLINE TRACK MILES, serving an annual ridership of 1.7 BILLION PEOPLE.
The world’s first HYDROELECTRIC POWER PLANT opened in 1862 on Wisconsin’s Fox River. Today, hydroelectric generation accounts for about 16% of electric power worldwide.
THE TRANSCONTINENTAL RAILROAD became the first railway to connect Eastern rail networks to the West Coast with its completion on May 10, 1869. The railway opened to the public after Leland Stanford, president of the Pacific Railroad Company of California, drove a ceremonial gold rail spike at Promontory Summit in Utah.
College Park Airport in Maryland is the world’s oldest continuously operating airport. It was established in 1909 when Wilbur Wright used the location to train two military officers to fly the first U.S. government aircraft. Jersey City, New Jersey, became the first U.S. city to begin regularly disinfecting municipal drinking water in 1908.
MORE THAN 90% OF U.S. FARMS LACKED ELECTRIC POWER IN 1936, due to the prohibitive cost of electric infrastructure. Less than 15 years later, more than 80% of farms were on the grid, thanks to the efforts of rural electric co-ops and funding provided through the RURAL ELECTRIFICATION ACT OF 1936.
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