As of publication, the pending bipartisan budget bill includes a provision that would create a special committee of Congress to address critical multiemployer pension plans that have been identified by the Pension Benefit Guaranty Corporation (PBGC) as headed to insolvency. Many of these plans are ineligible for relief under the 2014 Multiemployer Pension Reform Act. Without government intervention these plans will fail and bankrupt the PBGC in the process. If the budget agreement passes, then this newly formed committee would have until the end of November 2018 to identify a solution to the pension crisis.
While AGC is supportive of finding a solution to the nation’s multiemployer pension issues and addressing funding challenges at the PBGC, AGC is focused on advancing legislation that would offer a new, sustainable, and more equitable designed plan—called a composite plan—which is a long-standing AGC priority. AGC is also concerned about how this special committee would address the PBGC’s funding, as AGC would oppose massive PBGC premium increases on healthy plans to fund such a solution.
For more information contact Jim Young at [email protected].

Would extend 179D Energy Efficient Commercial Construction Tax Incentive
As of publication, Senate is considering—and the House has yet to consider—an AGC-supported bipartisan budget bill for fiscal years 2018 and 2019 that: (1) averts arbitrary, across the board cuts to construction programs by lifting the budget caps established under sequestration; (2) provides nearly $90 billion (see chart for construction funding) in emergency funding for reconstruction and recovery efforts from the 2017 natural disasters; (3) creates an avenue for the appropriation of $20 billion in additional infrastructure funding over two years; and (4) renews certain tax incentives—specifically Section 179D—for energy efficient commercial construction projects. However, the bill does not address issues within the current immigration debate nor does it complete the FY 2018 funding process, setting the stage for another potential federal government shutdown on March 23 (assuming it the bill passes both houses of Congress tonight).
As noted, this legislation would establish an avenue—not actual funding—in FY 2018 and 2019 for additional infrastructure funding, amounting to $20 billion total. While the needs of our nation’s surface transportation, public facilities and other critical infrastructure require long-term solutions, this is a positive first step. AGC will continue to work with Congress and the administration to enact those long-term solutions in a significant infrastructure bill this year.
Additionally, the legislation would renew—through Dec. 31, 2017—Section 179D, which provides a tax deduction to help offset some of the high costs of energy efficient components and systems for commercial and larger multifamily buildings. This tax incentive is an effective tool to leverage private capital in the construction of energy efficient commercial construction projects.
For more information contact Jimmy Christianson at [email protected].

On January 31, 2018, AGC attended an intimate stakeholder roundtable discussion with Ondray T. Harris, the recently appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S Department of Labor. AGC took the opportunity to outline the unique challenges construction contractors face when interacting with the OFCCP and complying with its requirements.  AGC strongly advocated for greater clarity, increased communication, and deeper industry knowledge.
Director Harris and his staff appear genuinely interested in partnering with the construction industry to ensure the development of American workers and continued investment in diversity initiatives. In line with the Trump administration’s focus on apprenticeships, the director and his staff also discussed how apprenticeship programs can assist in diversity efforts and Affirmative Action requirements for contractors.
AGC regularly attends these types of meetings to connect federal agencies with the construction industry they are required to regulate. These are unique opportunities for AGC to help educate federal officials on how their rulemakings translate at the practical level, as well as identify additional partnership opportunities.  AGC looks forward to continuing to work with the OFCCP and other federal agencies on behalf of its membership.
For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

On Jan. 30, the House Judiciary Committee took an important step towards common sense tort reform by approving The Infrastructure Expansion Act of 2017, H.R. 3808. The bill addresses an antiquated New York State law commonly known as the “Scaffold Law.” The Scaffold Law has been construed to impose strict liability on property owners and/or general contractors who have no direct supervision of an employee, nor anything to do with the circumstances of the plaintiff’s accident.
AGC supports H.R. 3808 because the Scaffold Law fails to improve both public safety and worker safety, while at the same time raising the cost of construction projects in New York. It also does nothing to limit workers’ access to the workers compensation system, nor does it protect any entity from contributory negligence for a fall or other accident from height. AGC joined a coalition in support H.R. 3808 and urges Congress to pass it.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

Tell AGC How Tax Reform Impacts Your Construction Firm
Since the new tax reform law passed in December, many companies have trumpeted how tax cuts are positively impacting their business. Companies as prominent and diverse as Apple, ExxonMobil, Pfizer, and Walmart have announced one-time bonuses, increased employee salaries, new or increased employee benefits, or plans to invest in new plants and equipment. AGC is interested in hearing about how the new tax reform law is impacting the construction industry.
If your business is benefitting from the new law (or is adversely impacted), or if you have announced any plans to increase employee benefits, salaries, or investment in your business, please let us know. We are also interested to hear if the demand for construction is increasing as a result of tax reform. This information will help AGC determine how it can continue to improve the tax environment for the construction industry.
Please contact Matthew Turkstra, AGC’s Director of Tax, Fiscal Affairs and Accounting, with any information that you can share about your business as a result of tax reform.
For more information, contact Matt Turkstra at [email protected] or (202) 547-4733.

Status Quo Remains in Effect
Implementation of the Obama administration’s 2015 “Waters of the United States” (WOTUS) rule—which expands federal environmental permitting jurisdiction involving wetlands—has been delayed. On Jan. 31, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) took AGC-supported regulatory action that delays the 2015 WOTUS rule from taking effect until February 2020. This action virtually maintains the status quo nationwide and provides continuity and regulatory certainty for contractors in the field while the agencies continue to work to repeal and replace the 2015 WOTUS rule.  The need for this action became necessary after a Jan. 22 U.S. Supreme Court ruling that would result in lifting the current nationwide stay of the 2015 WOTUS rule in most states.
For more information, contact Melinda Tomaino at [email protected] or Leah Pilconis at [email protected].

On Jan. 30, Senators John Boozman (R-AR), Cory Booker (D-NJ), Jim Inhofe (R-OK) and Dian Feinstein (D-CA), along with Representatives John Katko (R-NY) and Earl Blumenauer (D-OR), introduced the AGC-supported Securing Required Funding for Water Infrastructure Now (SRF-WIN) Act, charting a politically viable path towards updating water infrastructure investment.
The SRF WIN Act would be a five-year bill that authorizes $200M each year for a total of $1B over five years. As such, bill provides needed increases in funding for our nation’s Drinking Water and Clean Water State Revolving Funds (SRFs). It will also allow State Infrastructure Authorities to utilize financing available through the Water Infrastructure Financing and Innovation Act (WIFIA) program—and the SRF—to increase funding for multiple local water infrastructure projects at once, while also ensuring that current SRF grant funding is preserved. This is vital, because no funding would be made available for this new program if Congress fails to fully appropriate SRF dollars at FY 2018 levels or higher.  A full summary of the SRF Win Act can be found here.
AGC will continue to work with the House and Senate to ensure that the SRF WIN Act is included in any infrastructure legislation that moves through Congress in 2018.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892

Calls for $1.5 Trillion in New Investments/Environmental Streamlining
On Jan. 30, President Trump used his State of the Union address to push for increased investment in infrastructure, while significantly accelerating the approval process for projects. Unfortunately, but not surprisingly, the president did not share any of the plan’s specifics; instead, he called on Congress to act on a $1.5 trillion bill. Following the State of the Union, the White House released a fact sheet summarizing the administration’s plan. In response to the speech, AGC issued a statement urging Congress to take up the president’s call by providing for significant new investments—including addressing the Highway Trust Fund’s long-term solvency—and by implementing long-overdue reforms to the federal approval process for building infrastructure projects.
At this point it is not clear when the Administration will release its infrastructure plan.  As reported last week, a document broadly outlining their funding plan was recently leaked; this was followed last weekend by another leaked document detailing the administration’s plans for improving the permitting process and streamlining environmental reviews. The White House has not confirmed either document’s authenticity, but it should be noted that many of the items that the AGC Environmental Steering Committee put forth in late 2016 are under serious consideration for inclusion in the administration’s infrastructure package.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

Today the Senate confirmed AGC-backed nominee R.D. James – a 30-year veteran of the federal Mississippi River Commission – for Assistant Secretary of the Army for Civil Works. During his confirmation hearing in front of the Senate Environment and Public Works committee, James received bipartisan praise. James is now the top official responsible for overseeing all aspects of the Civil Works program of the U.S. Army Corps of Engineers, making sure waterways and ports remain navigable. He will also be a key voice in shaping the administration’s policies on the Waters of the United States rule, a rule that determines which bodies of water fall under federal regulations.
For more information, contact [email protected] or (703) 837-5368.

Early Bird Discount Ends Soon
Register today for the 2018 AGC Federal Contractors Conference before the Early Bird discount ends February 19. The Federal Contractors Conference is the premier conference for federal construction contractors to discuss the latest projects, policies and contracting issues facing the industry with federal agencies, including the U.S. Army Corps of Engineers, Naval Facility Engineering Command, Air Force Civil Engineer Center, General Services Administration, Department of Veterans Affairs, Department of State, Natural Resources Conservation Service, and Bureau of Reclamation.
In addition to substantive discussions and presentations with federal agencies, attendees will hear from legal experts about the latest federal regulations that will impact their businesses. Leading federal construction attorneys will address executive orders, Small Business Administration and Federal Acquisition Regulation rules, and case law trends your company needs to know to work in the federal market. And, when the conference concludes, AGC member attendees will have the opportunity to participate in ongoing dialogue and meetings with agency headquarters later in the year.
For more information, contact Jordan Howard at [email protected].