Places a Freeze on all Federal Regulations
During his first week, President Trump is quickly moving to implement his agenda via executive order, presidential memoranda and other directives.  AGC has published a comprehensive document, President Trump’s Executive Actions, analyzing important executive directives – such as the border wall, Obamacare, and Buy America requirements – and how they may impact AGC-member businesses. It is important to note that the details of implementation of many of these actions remain to be seen, as federal agencies will have to write them.
In addition, AGC has put forth a comprehensive document entitled “The 2017 Regulatory Road Ahead” to help construction contractors better understand the regulatory state of play under the Trump administration. The regulations and actions discussed in this document include the current standing of the silica rule, overtime rule, federal clean water act permits, and paid sick leave executive order, among many others.
For more information, contact Jimmy Christianson at [email protected] or (703) 837-5325.

AGC, along with a coalition of stakeholders, is urging Congress to reauthorize and reform the Carl D. Perkins Career and Technical Education Act (Perkins) through a multi-industry letter. Perkins is an existing program that helps students prepare for secondary and postsecondary education by providing access to federal dollars to offset the cost of career and technical education (CTE) programs.
The reforms being advocated to Perkins include: aligning CTE programs to the needs of the regional, state, and local labor market; supporting effective and meaningful collaboration between secondary and postsecondary institutions and employers; increasing student participation in experiential learning opportunities such as industry internships, apprenticeships and mentorships; and promoting the use of industry-recognized credentials. Additionally, the letter highlights recent funding cuts to CTE programs and calls on Congress to make adequate investment in these crucial programs.
In 2016 legislation passed the U.S. House overwhelmingly and included many reforms being sought by AGC but was never considered by the Senate.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

The Federal Highway Administration (FHWA) announced that it has extended the pilot program allowing state and local governments to use geographic hiring preferences on their federal-aid highway contracts for five years. The announcement also applies to Federal Transit Administration (FTA) assisted contracts. AGC does not support the pilot program and was successful in keeping language out of the FAST Act that would have permanently removed a prohibition against local hire mandates for FHWA- and FTA- assisted contracts.
AGC was also successful in adding language to the FY 2016 Omnibus appropriations requiring states, in order to receive permission to use a local hire preference, to certify that there is a ready pool of unemployed individuals with the necessary skills to complete the project who reside in the jurisdiction, that the contractor would not be forced to lay off any current employees to meet the mandate, and that the cost of the construction would not increase. FHWA has kept this requirement in place in this latest extension of the pilot program.
For more information, contact Brian Deery at [email protected] or (703) 837-5319.

Trust Fund to Remain Solvent until 2020
This week the nonpartisan Congressional Budget Office (CBO) released its annual Budget and Economic Outlook for years 2017-2027.  Included in the report – which shows the deficit increasing and non-discretionary spending shrinking – is an analysis on transportation spending.  CBO projects that both the highway and mass transit accounts of the Highways Trust Fund will remain solvent until the end of the FAST Act in September 2020.  However, they go on to predict that the Trust Fund will be facing a gap of $144 billion to remain solvent to 2027.  This means that if the FAST Act were to be reauthorized for a full five years, the Trust Fund would be short $95 billion. A six-year reauthorization would require about $120 billion.
Absent any real, dedicated new revenues, the Highway Trust Fund will be in competition for a shrinking pot of non-discretionary funding to fill the gap between revenue going into the Trust Fund and the current spending levels. The CBO report furthers underscores why AGC and other transportation stakeholders are pushing for a fix to the Highway Trust Fund in any future infrastructure or tax proposals.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

Today, a group of House representatives sent a letter to President Trump sharing their concerns with the Occupational Safety and Health Administration’s (OSHA) final rule on silica. The letter – which was signed by 90 members of the House – highlighted the president’s campaign theme of slashing regulations and how the silica rule fits that mantra.
The letter adds that the rule’s lower permissible exposure level is  not technological or economic feasible, OSHA used flawed data in the rule’s creation and OSHA woefully underestimated the cost of complying with the rule.
The future and the enforcement of the rule remains uncertain with the new administration just beginning to fill key positions within the Department of Labor. AGC has called on the administration to immediately extend the dates for compliance in order to allow time for Congress or the administration to roll back the rule. While a legal challenge is also pending, it’s too early to know the fate of any regulatory, legislative, or legal outcomes and contractors must continue to prepare to comply with the rule.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

The permit serves as model for state permits and directly applies in ID, MA, NH, NM, DC, as well as US territories and Indian lands.
AGC will host a free WebEd on EPA’s new Construction General Permit for stormwater discharges on Wednesday, March 1, 2017, from 1:30 to 3:00 Eastern Time.  To register, click here.  During this hour-and-a-half program, EPA’s point person for the construction stormwater program will provide an overview of the 2017 CGP and new electronic filing requirements.  The Chair of AGC’s Environmental Forum Steering Committee will lead a moderated Q&A session to address specific concerns for contractors.  And AGC will share available SWPPP templates and other helpful resources.
For more information on the WebEd and to register, click here.  Please also read AGC’s in-depth article about the new permit.

Last Thursday, the Senate Finance Committee held a confirmation hearing for President Trump’s nominee to head the Department of Treasury, former-Goldman Sachs banker Steven Mnuchin. Democrats questioned Mnuchin on a range of issues, but failed to land any knockout blows. Topics discussed at the hearing included: tax policy, conflicts of interest and his dealings with OneWest during the mortgage crisis, Medicare reform, combating terrorism, offshore holdings, regulatory reform, immigration reform, trade, currency manipulation, housing reform, economic growth, the debt, sanctions, pensions, Puerto Rico, and Social Security.
Democrats on the panel are insisting on a second round of written answers to be submitted on topics including sanctions, regulations and taxes before the committee votes. With the Senate out of session until Monday, Mnuchin’s confirmation will be delayed until early February. The Treasury Department last week named Adam Szubin as acting secretary. Szubin previously served as the department’s acting undersecretary for terrorism and financial intelligence.
AGC supports Mnuchin’s nomination and will work with him to promote a pro-construction agenda at the Treasury Department.
For more information, contact Brian Lenihan at [email protected] or (202) 547-4733.

AGC, as part of a broad coalition that represents a vast cross section of the economy, is working to deliver a joint letter to the President-elect following his inauguration. The letter urges the incoming president to strengthen our nation’s economy through significant investment in infrastructure in order to end the cycle of uncertainty that has plagued America’s infrastructure network for many years.
Our nation’s infrastructure systems are insufficient to support American competitiveness and we can no longer afford to underinvest in the infrastructure that Americans rely on in our daily lives. AGC has encouraged our chapters to sign on to this letter to President-elect Trump, which urges him to act on a balanced infrastructure plan that will lift our nation’s economy and improve our transportation network.
For more information, please contact Sean O’Neill at [email protected] or (202) 547-8892.

The U.S. Supreme Court Jan. 13 announced it will resolve a procedural matter concerning legal challenges to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ controversial 2015 rule that expands federal jurisdiction over “Waters of the United States” (WOTUS).  The Court, however, will not resolve anything concerning the merits of the rule.  When and how the ultimate case against the WOTUS rule will end remains uncertain.
With litigation continuing, the Corps is not implementing the 2015 WOTUS rule. Instead, the Corps continues to use the 1986 regulations and applicable jurisdictional guidance (status quo as it existed before the new rule) in making jurisdictional determinations or taking other actions based on the definition of WOTUS.
AGC remains engaged on Capitol Hill, within the regulatory agencies, and with the Trump transition team to address its concerns with the rule.
If you have questions, please contact Leah Pilconis at [email protected] or Scott Berry at [email protected]. 

AGC Highlights Major Accomplishments, Notable Changes and Areas for Improvement

The U.S. Environmental Protection Agency (EPA) recently published its final 2017 Construction General Permit (CGP), which authorizes stormwater discharges from construction activities. It takes effect on Feb. 16, 2017, which is when the 2012 CGP expires.  Among other achievements, AGC was successful in ensuring that the final permit does not require contractors to electronically report their site-specific stormwater pollution prevention plans (SWPPPs) for public, online examination — which would have increased the possibilities of erroneous citizen environmental lawsuits.

AGC closely communicated with EPA’s construction stormwater leads, and staff at other federal agencies, throughout the permit reissuance process and offered detailed recommendations on how to improve the proposed version.

Although the vast majority of states have been authorized to issue their own NPDES (National Pollutant Discharge Elimination System) permits, EPA’s CGP remains the standard-bearer for state and local stormwater discharge permits for construction projects. Therefore, it is important for AGC to monitor it closely because state and local environmental agencies look to EPA’s CGP for guidance concerning their own versions of the permit.  At present, EPA administers the CGP in four states (Idaho, Massachusetts, New Hampshire, and New Mexico), the District of Columbia, Puerto Rico, all other U.S. territories with the exception of the Virgin Islands.

For complete details and analysis on the changes to the 2017 CGP, AGC’s successes and potential landmines, click here.

For more information, please contact AGC’s Leah Pilconis at [email protected] or (703) 837-5332.