GREENWICH — Due to complaints that it would not do enough to
reduce highway noise in local neighborhoods, the state has pulled the plug —
for now — on a $205
million project to improve Interstate 95 in Greenwich, Gov. Ned Lamont
and First Selectman Fred Camillo announced.
The major project on the busy commuter corridor — sometimes
called the gateway to New England — had been slated to begin this fall from
Exit 2 near the New York state border to Exit 6 in Stamford. The roadwork in
Greenwich was expected to take three to four years to complete.
“The grassroots efforts of our residents, along with the
collaboration of our legislative delegation and Department of Public Works,
were successful,” Camillo said in a statement Thursday. “We were able to show
the state that there was a need for a more comprehensive plan to mitigate the
noise generated by highway traffic, which has a negative impact on our
residents and environment.”
Lamont, who lives in Greenwich, said he will direct the
state Department of Transportation to “revisit the project scope to provide a
more comprehensive solution.”
The goal of the project along the 6-mile stretch was to
enhance safety and road conditions, with better lighting and new pavement,
barriers and signs as well to refurbish 20 bridges and underpasses, according
to the DOT. It also called for reconfiguring Exit 3 of southbound I-95 into
central Greenwich, a perennial site of backups and accidents.
Despite support for upgrading the infrastructure and solving
problems with traffic tie-ups, many residents complained that the roadwork
would not address the issue of noise pollution coming from I-95. Camillo told
Greenwich Time that the delay is “a very positive development” and would allow
for changes in the I-95 project.
DOT will “revisit the scope of the project,” said Josh
Morgan, communications manager for DOT, at the governor’s direction.
“In the interim, we will commence a pavement rehabilitation project
this year to extend the life of the roadway until a more comprehensive project
can be undertaken.” Morgan said. “Planning and rescoping for such a
comprehensive project could take two to three years to complete, which must be
followed by formal planning and design activities. This will follow all federal
public involvement requirements, as do all DOT projects.”
Residents’
complaints about noise from I-95 have grown in recent years, leading
to the formation of the advocacy group Neighborhood Citizens Against I-95
Noise. In January, the group’s president Greg Piccininno told Greenwich Time
that it had measured as much as a 10 to 15 decibel increase over the last 20
years from I-95. For those living near the highway, the noise was comparable to
the sound a 737 makes while cruising, he said, based on a noise study paid for
by the group.
“Our voices were heard,” he said Thursday. The group hopes
this delay will allow the state to add more noise mitigation efforts to the
project, Piccininno said, perhaps with federal funding.
“We are happy (the DOT) will bring a more comprehensive
plan, which takes into account the health and well-being of our community,” he
said. “We await a plan that creates an attractive gateway to Connecticut that
includes noise abatement. We will reach out to the DOT to offer any assistance
necessary.”
The state could have ignored the residents, Piccininno said,
and gone ahead with the project, “subjecting Greenwich to four years of
construction and traffic issues with all of us still being left with what we
already had in terms of noise.”
Quality of life
Camillo also pledged to allocate $500,000 in each of the
municipal budgets for 2023-24 and 2024-25 for noise-reduction efforts. If the
funding moves forward, he said the town would work on solutions with the state.
In a statement, Camillo thanked Lamont and DOT Commissioner
Joseph Giulietti for “understanding the impact this project would have on our
neighborhoods and our residents’ quality of life.”
State Rep. Stephen Meskers, D-150, said he was “incredibly
grateful” that Lamont had “listened to the concerns of the Greenwich
community.” He cited efforts by both the Riverside Neighborhood Association and
Byram Neighborhood Association.
“I’m happy that going forward the project is going to
include both the appropriate landscaping and noise abatement technology, like
sound barriers and quiet pavement technology and quiet joints,” Meskers said.
“I think what we want in the gateway to New England is a project that we can
all be proud of.”
State Sen. Ryan Fazio, R-36, also supported delaying the
planned work.
“Our Greenwich community is being heard. It has been a team
effort led by concerned and community-minded residents,” Fazio said. “I thank
the governor and DOT for taking this step, and kudos to First Selectman
Camillo, Greenwich DPW and my legislative colleagues for all speaking with one
voice. It is encouraging to see the positive results when we unite and speak
out on important quality-of-life issues.”
Delay in work
Lamont acknowledged that this decision delays making the
needed improvements on I-95.
“It is unfortunate that a more timely solution could not be
found to move this project forward in the near term,” he said in a letter to
Camillo. “However, I feel strongly that a more comprehensive review of the
project scope will result in a project that better meets the needs of the I-95
users as well as the surrounding community.”
Meskers said he understood the need for improvements on
I-95, but he said it is most important to get the project done correctly.
“This is basically 75 years in the making,” he said of the
debate over I-95. “This is a fundamental rebuild of the infrastructure. We want
it done right once and for all.”
Parent concerns prompt Norwalk defense of school construction firm tied to Diamantis probe
NORWALK — Documents from the Connecticut construction
company involved in several city school projects — including the proposed new
Norwalk High — have been sought as part of an ongoing investigation into the
state’s former deputy budget director.
However, Norwalk officials and the president of Construction
Solutions Group deny the company is a target of the federal investigation.
The Common Council’s Land Use and Building Management
Committee, which approved on Wednesday the plan to build the new Norwalk High
School on the existing football field, defended CSG after some residents raised
concerns about the company and its president, Jim Giuliano.
“Some allegations are being made against Jim and his firm.
I’ve worked with him for five years. I’ve always found him to be a man of
highest integrity and professionalism,” Committee Chair Tom Livingston said.
In a letter sent to the Common Council and Mayor Harry
Rilling on Wednesday and obtained by Hearst Connecticut Media, Giuliano
defended his company and contested claims made by Norwalk parent Kelly Turner.
Giuliano said the Norwalk resident’s email suggested the
recent subpoenas “question the involvement of Construction Solutions Group,”
which he said is not accurate.
“To the best of my knowledge, CSG is not the subject or
target of the current FBI investigation. Neither the FBI, nor anyone else has
alleged or even suggested any misconduct on the part of CSG or its owners in
connection with the projects being investigated,” Giuliano wrote in his letter.
“Moreover, Ms. Turner’s statement that ‘there is a grand jury search into Jim
Giuliano’ is completely untrue. I assure you, there is no such grand jury
inquiry.”
Documents mentioning the East Hartford-based company, which
was hired to consult in the building of the new Norwalk High School, were
sought in a subpoena issued by the U.S. Attorney for the District of
Connecticut to the Connecticut Department of Administrative Services.
CSG also worked on the Jefferson Elementary renovations and
plans for construction of a new South Norwalk Elementary School.
Prior to its work on the new Norwalk High School, the
company oversaw the renovation of Enfield High School, a project that had a
$103 million budget, according to the
company’s website.
The Enfield High School project was among several
investigated by Gov. Ned Lamont’s administration for improper construction
audits and waiving of over-payments to towns that traced
to former Deputy Budget Director Kosta Diamantis.
Diamantis was among those at the forefront when the Norwalk
High project was announced in December 2019.
“The feds are looking at different communities, not that the
community has done anything wrong, they’re gathering information,” Norwalk
Building and Facilities Manager Alan Lo said. “They’re approaching different
communities to get info. … The name of the firm came up, but it’s not a
challenge to the firm’s credibility. It’s the feds looking to build a case and looking
for information. They have a responsibility to provide information to the feds
for their documents of activities that happened in different communities.”
Norwalk officials have said they have not received a
subpoena.
Giuliano said the Norwalk High School funds are not impacted
by the investigation into Diamantis.
“The funding for Norwalk High School was approved by special
legislation. As a result, it’s there, it’s locked in,” Giuliano said. “The
other schools in this situation did not have special legislation, they just
went on — for lack of a better term — a promise from the individual that’s
being investigated and as a result, the state is questioning. Those districts
are now seeking special legislation to incorporate the promises made by that individual.”
The subpoena were submitted in October 2021, when the
investigation began into Diamantis. Shortly after the investigation started,
Diamantis was fired from his role as deputy secretary of the Office of Policy
and Management and retired from his job as head of OSCG&R.
CSG was hired in 2019 to oversee the Enfield High School
renovation and remains working for Enfield in that capacity, Giuliano said.
“Neither CSG nor its owners, President Jim Giuliano and Vice
President Christopher Cykley, have received subpoenas or court documents to
date in connection with this project,” Giuliano wrote in his letter.
Turner, who wrote the email asking about CSG and the
investigation, said she was seeking clarification on the construction firm’s
involvement.
“I don’t have any knowledge of the construction company, the
only thing I can see is what’s being reported in the news,” Turner said. “What
I read in the article, it was a red flag, but the council members expressed
their support. They work a lot closer with the construction company than I do.”
Correction: This story has been updated to reflect the documents
were sought through a subpoena issued to the Connecticut Department of
Administrative Services, not Construction Solutions Group.
Shelton developers turn focus to downtown Derby
DERBY — A Shelton developer known for his work improving
that city’s downtown is taking his construction act to Derby.
Don Stanziale, Jr., owner of Midland Development and
Contracting, with his partners at Cedar Village Development is teaming with
fellow Shelton-based John Brennan Construction to turn what has been a
long-vacant eyesore on Minerva Street into the Cedar Village at Minerva Square.
The city obtained the property through foreclosure in 2018 -
The project, expected to cost about $10 million, was
approved in October by the city’s Planning and Zoning Commission, and Stanziale
says he expects to break ground next month.
“I want to bring what we brought to downtown Shelton to
Derby,” Stanziale said.
“We’re building this to hold it, to keep it,” Stanziale
added. “We are trying to get those young people who cannot afford housing but
like the apartment living. They like the amenities, they like the gym. They
like the elevator, they like people taking care of them. We do our own
management.”
The project, on land listed as 67-71 Minerva St., calls for
construction of a four-story complex with under-deck parking and 90 market-rate
units. The apartments will be broken down into 39 studios and 51, 1‑bedroom
apartments.
The project includes 103 parking spaces, with some available
at land listed as 147 Caroline St., which was a small, rarely used city-owned
parking lot for additional spaces. Stanziale said his group is in the process
of purchasing the land from the city.
Mayor Richard Dziekan’s office, in a press release at the
time of the zoning approval, stated that the former Brownfield property on
Minerva Street had been sitting unused for more than a decade.
The Board of Aldermen/Alderwomen, in October 2020, reviewed
three requests for development proposals and unanimously chose the team of
Midland Development and Contracting, Cedar Village Development, and John
Brennan Construction as the preferred developer of the site.
The city has been working with the Naugatuck Valley Council
of Governments and secured $288,000 for environmental assessment and
remediation to support development of the land. Stanziale said the city has
maintained ownership of the property during the cleanup.
This is yet another project for Stanziale, owner and builder
of Cedar Village at Carroll’s.
His development company is also handling construction of
Riverwalk Place at 356 Howe Ave., land owned by Perry Pettis. Work began last
month on the multi-story structure that will have first floor retail and 35
apartments on the upper floors.
He has stated that he plans to develop an apartment
development at 287 Canal St., the former Ascom Hasler site. No formal plans
have been submitted for the property, which Stanziale says he a deal in place
to purchase.
Norwalk receives $6M grant for development near SoNo train station
NORWALK — The city has received $6 million in state funding
to support developments in South Norwalk as a plan by the governor to boost
community livability.
Gov. Ned Lamont announced last week the distribution of $45
million spread among 12 municipalities that aim to improve “distressed
municipalities” and add to downtown areas.
Norwalk received $6 million to upgrade the property adjacent
to the South Norwalk train station at 30 Monroe St., and 15 to 17 Chestnut St.,
according to the statement. The work in SoNo will be a collaboration with the
city, the Norwalk Redevelopment Agency and Spinnaker Real Estate Partners.
The development set for the area will include at least 200
mixed-income residential units, 10,000 square feet of commercial, a public
plaza and 60 off-street public parking spaces, according to the statement.
“By investing in infrastructure and streetscape, such as
enhancing traffic safety through new sidewalks, mitigating stormwater runoff to
prevent flooding, and planting more trees, this critical infrastructure project
will increase livability and add to the vibrancy of our city,” Mayor Harry
Rilling said. “This initiative also allocates funds towards the preservation of
existing affordable housing, supporting our vision of making the city a more
accessible and equitable place to work and live."
Norwalk applied for the grant funding, and chose the area
for its proximity to public transit and developmental potential, city
spokesperson Michelle Woods Matthews said. Spinnaker Real Estate is also a
neighbor of the selected plot.
Woods Matthews said construction, however, will likely not
start for 18 to 24 months.
The $45 million is the first round of funding distributed as
part of Lamont’s Connecticut Department of Economic and Community Development,
according to the statement. The second round is expected to be announced in the
fall.
“The grants are leveraging approximately $74 million in
non-state and private dollars and will support projects that improve the livability
and vibrancy of communities throughout the state,” the governor’s statement
read. “Consistent with the goals of the program, more than 50 percent of
funding will be invested in Connecticut’s distressed municipalities.”
Norwalk’s $6 million grant is the second largest of the 12
distributed as part of the Connecticut Community Challenge Grant Program,
behind the $6.3 million awarded to Hartford to create a two-phased mixed-use
development that will generate about 60 new residences, according to the
statement.
The newly established Connecticut Community Challenge Grant
Program was created last year with the goal of revitalizing communities and
creating about 3,000 new jobs, according to the statement.
The department and grant program are expected to award $100
million in grants over the next few years, according to the governor’s office.
“The program is an important component of Gov. Lamont’s
Economic Action Plan — a strategic package of initiatives that totals more than
$750 million over five years, matched approximately dollar-for-dollar by
private and other non-state funding that will result in a projected 80,000 new
jobs,” the statement read.
Brookfield streetscape project enters third phase with push to expand Still River Greenway
BROOKFIELD — Surveying crews and fresh fencing
found on Federal Road signals the arrival of a new phase in the town’s years
long streetscape development project.
In a project update given this past week, Brookfield
Community Development Specialist Greg Dembowski said the phase
three work now underway will see the extension of the sidewalk and the
Still River Greenway Trail south on Federal Road to the site of the new Dunkin’
Plaza before continuing south on Old Route 7 to Laurel Hill Road.
“The Still River Greenway is the second most traveled
greenway in the state of Connecticut, it’s been immensely popular since we
opened it,” Dembowski said.
Phase one and two of the six-phase, $14.1 million downtown
sidewalk, bike path, and street enhancement project led to the creation of the
greenway and wrapped up in 2017 and 2019, respectively, before delays
associated with the pandemic stalled plans to build on the project’s progress.
Included in the phase three designs is the extension of
pedestrian sidewalks along the 700-to-800-foot route along Federal Road and Old
Route 7. Expected to be completed in September, the work will produce a “new
amenity” called a “pocket park” that will see the instillation of small park
area located on the west side of the two roads’ intersection.
The common space will feature “sitting benches, extensive
landscaping, and a central brick-paved area where an elevated platform circled
with granite will be erected” with plans for it to eventually display an “art
sculpture,” according to the plans.
With future phases in the design
process, Dembowski added, “…the real goal now is to extend the Still River
Greenway north from our downtown into New Milford, and that is really driving
our future phases.”
“As one phase gets designed and approved, we go to the next
phase and with the success of each phase, we see developers and properties
owners become very pleased with the outcome and that’s encouraged more
restaurants and retail shops and professional services companies coming in,” he
said.
The ‘STEAP’ cost of a streetscape
Estimated contractor costs for the current work, awarded
through a bid process to Grasso
Companies, are around $960,000 — part of the $1.6 million total
estimated cost for third phase, of which 84 percent is covered by a grant from
the state’s Department of Transportation, according to Dembowski.
The town contributed $2.1 million of the $4.1 million spent
to complete the first two phases of the project, with the difference covered by
another state transportation grant.
For all six phases of the streetscape project to be
completed, Dembowski said Brookfield expects to have spent $3.1 million in town
funds toward a total estimated cost of $14.1 million.
The rest, he added, will be covered by an alphabet soup of
state and federal funding sources like the U.S. Transportation Alternatives
Program, or TAP, the state’s Small Town Economic Assistance Program, or STEAP,
its Local Capital Improvement Program, referred to as, LoCIP, and the CDOT’s Local Transportation Capital
Improvement Program, called, LOTCIP.
“There are so many acronyms,” Dembowski joked. “You and I
could write a book.”
Stonington receives nearly $2.7 million in funding for Pawcatuck water and sewer projects
Stonington -- The town has received almost $2.7 million
in federal funding for two water and sewer projects in Pawcatuck.
The money was part of the 2022 Omnibus Appropriations
bill which President Joe Biden signed on March 15 and
was put forward by U.S. Rep. Joe Courtney, D-2nd District, and
U.S. Sen. Chris Murphy.
It includes $1,952,130 that will partially fund a project that will link
two dead-end water lines and create a looped system to improve fire
protection in Pawcatuck. The town will have to allocate an
additional $900,000 to fully fund the project.
An additional $720,000 was allocated for upgrades to
the River Road sewer pumping station in Pawcatuck.
"As soon as we learned about this opportunity, we put
together a great team who worked hard and fast to get our applications
together. Thanks to an incredible, collaborative effort, we have been able to
secure funding for two important projects in our community. It would not have
been possible if not for the great partnership between our federal delegation
and our amazing team in Stonington -- made up of staff, a resident volunteer,
and representatives from our Pawcatuck Fire Department," said First
Selectwoman Danielle Chesebrough.
In a statement announcing the funding, Chesebrough said the
town identified the need to create the loop water system line in
2018 but the scale and scope of the work remained out of reach due to
the funding that was required.
Stonington -- The town has received almost $2.7 million
in federal funding for two water and sewer projects in Pawcatuck.
The money was part of the 2022 Omnibus Appropriations
bill which President Joe Biden signed on March 15 and was put
forward by U.S. Rep. Joe Courtney, D-2nd District, and U.S. Sen.
Chris Murphy.
It includes $1,952,130 that will partially fund a project that will link
two dead-end water lines and create a looped system to improve fire
protection in Pawcatuck. The town will have to allocate an
additional $900,000 to fully fund the project.
An additional $720,000 was allocated for upgrades to
the River Road sewer pumping station in Pawcatuck.
"As soon as we learned about this opportunity, we put
together a great team who worked hard and fast to get our applications
together. Thanks to an incredible, collaborative effort, we have been able to
secure funding for two important projects in our community. It would not have
been possible if not for the great partnership between our federal delegation
and our amazing team in Stonington -- made up of staff, a resident volunteer,
and representatives from our Pawcatuck Fire Department," said First
Selectwoman Danielle Chesebrough.
In a statement announcing the funding, Chesebrough said the
town identified the need to create the loop water system line in
2018 but the scale and scope of the work remained out of reach due to
the funding that was required.
A concrete decision made in Kent
LYNN MELLIS WORTHINGTON
KENT — The town of Kent is going to have concrete sidewalks
by the end of the construction project this summer.
On Thursday, selectmen agreed with 85% of those who
responded to the survey distributed to residents that concrete, not asphalt,
was the preferred material. There were 726 survey responses and 661 people
selected concrete.
“I am completely amazed by this response rate,” First
Selectman Jean Speck said of the survey.
Streetscape Building Committee Chairman Mike Gawel made one
last plea to go with his committee’s recommendation of constructing the
sidewalks from asphalt but the selectmen were not convinced.
Speck made the motion for using concrete and all three
selectmen approved it. Selectman Rufus P. de Rham said that his support of
concrete had not changed since the debate before the election.
“You have to respect the number of people who came out and
spoke their piece,” de Rham said. “Seems like today’s population is strongly in
favor of concrete.”
Selectman Glenn Sanchez said that the sidewalk material has
been a constant source of discussion among people that he meets and the
majority of the people he has spoken with want concrete.
The selectman also agreed to award the project bid of $1.7
million to the Mather Corporation of Bloomfield. The board also agreed with the
recommendation from the committee to hire someone to represent the town and
oversee the project on a regular basis, in addition to the engineering firm.
Speck agreed to work with the committee and share a request for proposal on the
position before it is advertised.
The selectmen also adopted a new resolution that clarifies
that the $2.9 million in bonding that was approved in May 2019 is specifically
for Phase 1 on the streetscape sidewalk construction project. The geographic
boundaries of this are North Main Street from the Civil War Monument to across
from the Kent Community House and west on Bridge Street to the Housatonic River
bridge. The town also has $900,000 in state grants for this same phase.
A second phase to the sidewalk construction is being funded
through a $1,882,000 federal grant administered by the state Department of
Transportation (DOT). This was awarded in August 2020.
Gawel also recommended that a permit process be established
by the selectmen, with a bond, for any work that is done that involves cutting
into the new sidewalk by property owners along Main Street or Bridge Street.
The selectmen liked the idea that patches that are done will have to be to
specifications set by the town.
Is Right-to-Repair Order a Sleeper Issue for the Construction Industry?
LUCY PERRY
Have you been following the Right-to-Repair debate?
Though President Joe Biden's executive order limiting anti-competitive
practices was meant to chiefly benefit consumers and farmers, it has
implications for the construction sector. And not everyone is on the
do-it-yourself bandwagon.
The aim of the right-to-repair order was to allow owners to
self-repair personal electronic devices, automobiles and machines. Farmers
would benefit from the opportunity to repair the heavy machinery they own, and
by extension so would construction equipment owners. The order has met with
some opposition from equipment manufacturers and distributors.
Specifically, it urges the Federal Trade Commission to
exercise statutory rulemaking authority to address anti-competitive
restrictions on third-party repair or self-repair of items, "such as the
restrictions imposed by powerful manufacturers that prevent farmers from
repairing their own equipment."
Biden believes that more often than not if you own a
product, from a smartphone to a tractor, these days "you don't have the freedom
to choose how or where to repair that item you purchased." At least two
members of Congress feel the same.
The Agricultural Right to Repair act, introduced by Senator
Jon Tester of Montana, would give farmers the right to DIY. Under it, parts,
tools, software and documents would be made available to machine owners to
repair, diagnose and maintain their equipment.
It was written with two guarantees: that parts are
replaceable with commonly available tools or that special tools are provided to
owners under fair and reasonable terms.
Permission to DIY
Under Tester's proposal, copyrights and patents would be
part of the public domain once a manufacturer ceases to produce documentation,
parts, software or tools for a particular machine.
Tester, a farmer himself, claimed to have seen firsthand
"the unfair practices" of equipment manufacturers that "make it
harder and harder for folks to work on their tractors themselves — forcing them
to go to an authorized mechanic and pay an arm and a leg for necessary
repairs."
Have you been following the Right-to-Repair debate?
Though President Joe Biden's executive order limiting anti-competitive
practices was meant to chiefly benefit consumers and farmers, it has
implications for the construction sector. And not everyone is on the
do-it-yourself bandwagon.
The aim of the right-to-repair order was to allow owners to
self-repair personal electronic devices, automobiles and machines. Farmers
would benefit from the opportunity to repair the heavy machinery they own, and
by extension so would construction equipment owners. The order has met with
some opposition from equipment manufacturers and distributors.
Specifically, it urges the Federal Trade Commission to
exercise statutory rulemaking authority to address anti-competitive
restrictions on third-party repair or self-repair of items, "such as the
restrictions imposed by powerful manufacturers that prevent farmers from
repairing their own equipment."
Biden believes that more often than not if you own a
product, from a smartphone to a tractor, these days "you don't have the
freedom to choose how or where to repair that item you purchased." At
least two members of Congress feel the same.
The Agricultural Right to Repair act, introduced by Senator
Jon Tester of Montana, would give farmers the right to DIY. Under it, parts,
tools, software and documents would be made available to machine owners to
repair, diagnose and maintain their equipment.
It was written with two guarantees: that parts are
replaceable with commonly available tools or that special tools are provided to
owners under fair and reasonable terms.
Permission to DIY
Under Tester's proposal, copyrights and patents would be
part of the public domain once a manufacturer ceases to produce documentation,
parts, software or tools for a particular machine.
Tester, a farmer himself, claimed to have seen firsthand
"the unfair practices" of equipment manufacturers that "make it
harder and harder for folks to work on their tractors themselves — forcing them
to go to an authorized mechanic and pay an arm and a leg for necessary
repairs."
He believes manufacturers have prevented producers from
fixing their own machines in order to bolster corporate profits. "They've
done it at the expense of family farmers and ranchers, who work hard every day
to harvest the food that feeds families across the country," he said.
"Farmers operate in tight windows and on tight margins,
and they simply can't afford to waste time or money bringing their equipment to
dealer-authorized mechanics in the middle of a season. They need to be able to
repair their own equipment, and this legislation will secure them that
right."
Congressman Bobby Rush of Illinois introduced the Right to
Equitable and Professional Auto Industry Repair (REPAIR) Act. Similar to
Tester's bill, it targets the automotive industry on behalf of consumers.
While the issue affects many equipment sectors, it is
believed the ag industry has faced a hardship from an increasingly
concentrated, less competitive — and more expensive market.
The White House believes heavy machinery manufacturers have
developed such sophisticated repair tools, software and diagnostics that
farmers and construction equipment owners are prevented from repairing their
own equipment.
These proprietary elements force owners to pay dealer rates
for repairs the end user or a third party could do the work much cheaper,
believes the Biden team. The FTC voted last summer to adopt the order, saying
it would target repair restrictions that violate antitrust laws.
"These types of restrictions can significantly raise
costs for consumers, stifle innovation," aid Lina M. Khan, FTC chair. They
also "close off business opportunity for independent repair shops, create
unnecessary electronic waste, delay timely repairs and undermine
resiliency."
Machinery manufacturers beg to differ.
The Perils of DIY
The Association of Equipment Manufacturers (AEM) maintains
that its members and their dealers already work to maximize productivity and
reduce downtime for machinery.
"Overly-broad ‘Right-to-Repair' legislation is not only
unnecessary, it would risk the safety, durability and environmental
sustainability of equipment," according to AEM.
The concern by manufacturers, such as John Deere, is that
end users and third-party repair shops would have access to back-end source
code "which can be used to reset safety features, reprogram control units
or change settings that affect emissions and safety compliance."
The Associated Equipment Distributors (AED) issued a
statement in response to Biden's order. Brian P. McGuire, association
president, said that the right-to-repair directive "is a solution in
search of a problem."
He said consumers of heavy equipment can already diagnose
and repair their machinery and tractors. However, they cannot alter the safety,
security and environmental protections on the equipment.
"AED strongly urges the FTC to consider the significant
differences between repairing heavy machinery and modifying or tampering with
it, as the agency ponders future action."
AED believes that because the FTC is an independent agency,
the president cannot compel it to act.
"Despite the executive order, it's unclear what steps
the FTC will take or even which actions the agency has the statutory authority
to commence without congressional authorization," said McGuire.
AED represents companies that sell, rent, service and
manufacture equipment for construction, mining, farm, energy, forestry and
industrial applications.
"The equipment distributed by our member companies
contains sophisticated technology with complex safety and emissions
features," Daniel Fisher, AED vice president of government and external
affairs, said in addressing the commission prior to the agency announcing its
enforcement plans. "AED is concerned with the FTC's plans to adopt a
policy statement supporting ‘right to repair' initiatives and the possibility
of subsequent regulations as contemplated by President Biden's recent executive
order."
AED believes that a primary basis for applying these
policies to the equipment industry is based on a false narrative. The claim
that customers are unable to fix their machinery is misleading, the association
maintains.
"To the contrary, equipment manufacturers and
distributors make available diagnostic tools, repair information and parts.
However, consumers do not have the ability to modify the complex environmental
and safety protections on the equipment," said Fisher.
AED requested that policymakers "refrain from mandating
this type of unfettered access."
The association believes a broad mandate applied to the
equipment industry will be detrimental to both safety and environmental
compliance.
"Indeed, given that customers are already able to
repair their own equipment, the primary reason someone would want the ability
to access and alter source code is to override emission controls and safety
mechanisms to increase performance," Fisher pointed out.
"This is not fixing equipment; this is modifying
it," he added.
The equipment industry has invested time and resources to
meet the EPA's Tier IV diesel emissions standards, and the right-to-repair
order "threatens these gains," said Fisher, because the public could
circumvent environmental protections to boost performance.
Here's another area where the order has implications for the
construction industry: Modern heavy equipment has safety features to protect
both equipment operators and the public while machinery is in use.
"Granting access to override safety features poses
undue risk on operators and bystanders while equipment is in use," he
said.
AED wants policymakers to recognize that there's a big
difference between a cellphone and a backhoe. "Heavy machinery has a
significantly longer life cycle that may be jeopardized by granting unfettered
access to source code," said Fisher.
Equipment will often be sold to a customer, then traded-in,
resold or rented when a new model is purchased. Modifications to a machine can
jeopardize its durability, negatively impacting the environment when it's
considered unusable and has to be junked.
"Allowing for modification would subject AED members to
significant, unnecessary legal liability issues due to an end-user's ability to
tamper with machinery source code," said Fisher.
The bottom line, he said, is that end users already have the
parts and info they need to repair their machines.
"The only reason for greater access contemplated by
right-to-repair policies is to circumvent safety and emissions standards or to
access proprietary intellectual property," he said.
The association urged the FTC "to refrain from adopting
a policy statement in favor of right-to-repair, recognizing that the equipment
industry's customers do not need any additional resources to fix their
machinery."
The issue is not a new one. For several years now, industry
associations working together have successfully kept right-to-repair mandates
at the state level at bay. The Equipment Dealers Association (EDA) is also
fighting the legislation on behalf of its members.
"These very broad bills have been introduced in 30-plus
U.S. states and lump ag and construction equipment in with consumer electronics
in an effort to give end-users the right to modify equipment," maintains
the association. "Unlike cell phones, modifying heavy equipment creates
safety and environmental violations that pose an inherent risk to those who
operate, repair and sell it."
Deere & Co. announced in March it will make expanded
repair software available to customers. This is considered a major win for
farmers who have lobbied for years for the ability to do their own mechanical
work.
"For more than 180 years, John Deere has empowered
customers to maintain their equipment to keep it running right and minimize
downtime," the company said in announcing the software availability.
"As part of that long-standing tradition, we are proud to announce that
we're enhancing the capabilities of our existing diagnostic tools and expanding
their availability."
Starting in May, the diagnostic service tool, Customer
Service Advisor, will be made available directly to customers and independent
repair shops through JohnDeereStore.com.
The tool will continue to be available through John Deere dealerships.
"In 2023, we will roll out an enhanced customer
solution that includes a mobile device interface, and the ability to download
secure software updates directly to embedded controllers on select John Deere
equipment with 4G connections."
The software unlocks "deeper system levels" to
allow those with the expertise and desire to make more advanced repairs
themselves, said Deere. CEG