On January 16, U.S. Environmental Protection Agency Acting Administrator Andrew Wheeler fielded questions from senators in a confirmation hearing at the U.S. Senate Environment and Public Works Committee.  Federal jurisdiction of waters of the United States (WOTUS) and the renewable fuel standard remained top priorities for several Republican senators. Although Democratic senators highlighted the partial government shutdown during the hearing, they also almost uniformly questioned Mr. Wheeler on the Administration’s climate change policy.  A vote on Mr. Wheeler’s nomination will likely not happen before February.
For more information, contact Melinda Tomaino at [email protected].

Includes $7 Billion for Infrastructure; May Wait Until Shutdown ends
On Jan. 16, the House passed—on a mostly party line 237-137 vote—an AGC-supported emergency funding bill to help communities rebuild from last year’s natural disasters, including Hurricanes Florence and Michael, the California wildfires, the volcanic eruptions in Hawaii and earthquake in Alaska.  The bill provides about $7 billion in disaster-aid funding for federal construction accounts, including over $1 billion for Federal-aid highway emergency funding and nearly $1 billion for EPA’s State Revolving Funds for Clean Water and Drinking Water construction projects. AGC’s initial breakdown of the disaster-aid funding allocations can be found here.
House Democrats attached a “poison pill” amendment that would temporarily reopen portions of the government currently shutdown until February 8.  This strategy is a non-starter with Congressional Republicans and President Trump. Therefore, disaster funding will likely wait until an agreement on the government shutdown is reached.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

Are you an environmental professional working at a general construction firm? Join your peers at the next AGC In-House Environmental Managers (IHEM) meeting on Feb. 20, 2019, at AGC’s Headquarters in Arlington, VA. The IHEM meeting creates a forum for greater peer-to-peer learning and interaction by facilitating a series of moderated roundtable discussions. You choose the topics in advance and then spend the day sharing first-hand experiences and discussing solutions to the challenges on your to-do lists. Visit the meeting site to register today.
Registration is open to professionals working in-house on environmental issues at general construction firms. To ensure active discussion/participation, space for this meeting is limited.  The registration fee of $199 covers breakfast items, lunch, and a reception. AGC has booked a room block with breakfast included at the Hyatt Place Arlington/Courthouse Plaza for $189 per night (plus tax and fees). Click here to book your hotel room online.
For more information, contact Melinda Tomaino at [email protected] or (703) 837-5401.

Given the many shortcomings of the multiemployer pension system traditionally used in the unionized sector of the construction industry, many parties are looking for alternatives. AGC, in cooperation with labor and others, is actively advocating for legislative changes that would authorize a new retirement plan model called “composite plans.”  In the meantime, there are some alternative plan designs already available to consider. In January, AGC will offer a multi- part WebEd series designed to educate union contractors and their representatives about alternatives and help inform their decisions. The series is free to AGC members and chapter staff.
On January 15, Kelly Coffing and Ladd Preppernau of Milliman will talk about the Sustainable Income Plan, a variation on a variable annuity plan design recently adopted by several AGC chapters.
On January 24, Dan Brennan and Mark Levengood of Susanin Widman and Brennan will provide information about an AGC chapter-developed strategy involving a cash balance model.
Each session will begin at 2:00 p.m. Eastern time and will last 60 or 90 minutes.
Click here to register.
For more information, contact Jim Young at [email protected] or 202-547-0133.

AGC Submits Recommendations
On Jan. 7, AGC of America submitted comments to the U.S. General Services Administration (GSA) on a proposed rule amending the General Services Administration Acquisition Regulation (GSAR). The proposed rule would adopt an additional project delivery method for construction, construction manager as constructor (CMc). Under this construction process, the design and construction manager/general contractor are engaged at the initial stage of the project.
AGC is encouraged by GSA’s efforts to incorporate best practices from the private construction sector, which allows for early industry engagement by the construction contractor and owner.  AGC supports the use of CMc by GSA as a collaborative process that has been shown—by GSA’s own numbers—to result in fewer project delays and cost overruns. AGC will continue to have an open dialogue with GSA regarding CMc and other improvements to this project delivery method.
To access AGC’s recommendations referenced above, click here.
For more information, contact Jordan Howard at [email protected] or (703) 837-5368.

On Jan. 3, President Trump nominated Nicole Nason to serve as the next Federal Highway Administrator. Nason has been serving in the Trump Administration for the past year as an Assistant Secretary at the State Department. AGC has meet with her several times in her current role to discuss US embassy construction issues. Nason has a strong background in transportation having served as the youngest Administrator of the National Highway Traffic Safety Administration (NTSHA) from 2006-2008 during the Bush Administration. Prior to that she worked as assistant secretary for government affairs at the U.S. Department of Transportation, from 2003-2006, where she worked closely with Congress on the SAFETEA-LU transportation authorization legislation. AGC will encourage the Senate to move expeditiously to confirm Nason.
The FHWA Administrator position has been vacant for the past two years. Paul Trombino, former Iowa DOT Director, was nominated by President Trump to lead the agency, and his nomination was approved by the Senate Environment and Public Works Committee, however, Trombino withdrew before final Senate approval. Brandye Hendrickson, FHWA Deputy Administrator, has been leading the agency in the interm.
For more information, contact Brian Deery at [email protected] or (703) 837-5319.

The partial government shutdown that began on December 22 continues. AGC is aware of limited impacts on the construction industry to date. As it stands, the E-Verify system—which allows enrolled employers to confirm the eligibility of their employees to work in the United States—is unavailable (see details here). In addition, AGC knows of at least two state departments of transportation—New Mexico and Oklahoma—that have cancelled their January lettings.
Whether contractors are expected to work during the partial government shutdown depends on the type of work the contractor executes with any particular federal agency. If a contractor works for a branch of a federal agency that performs essential work that remains open during the shutdown, the contractor will in turn likely be required to continue work.
AGC of America recommends that members consult AGC’s What Contractors Should Know in the Event the Government Shuts Down. Here is a list of major federal construction-related agencies and their status during the partial government shutdown:
Unaffected Construction-Related Agencies & Programs

• The Department of Labor (including but not limited to the Occupational Health and Safety Administration, Wage and Hour Division, and Office of Federal Contract Compliance Programs)


• Construction agencies within the Department of Defense including but not limited to the Army Corps of Engineers (Military Construction and Civil Works Programs), Naval Facilitates Engineers Command, and Air Force Civil Engineer Center


• The Bureau of Reclamation


• The Department of Energy, including the National Nuclear Security Administration


• Department of Veteran’s Affairs Major and Minor Construction Programs

• Department of Transportation (minimal impact)
  
  
  • The federal-aid highway program has not been significantly impacted by the shutdown to date. Because Congress has enacted authorization legislation through September 2020 for the Highway Trust Fund (HTF), state DOT requests for reimbursement for on-going highway projects will continue to be honored. States will also be able to continue to enter into contracts with the assurance of federal reimbursement. Nevertheless, states may consider holding back on lettings because of general uncertainty the longer the shutdown lasts. As it stands, New Mexico and Oklahoma have cancelled their January lettings.
  
  
  • Some of the grant programs (e.g., BUILD a.k.a. TIGER) receive funds through the General Fund—not the HTF—and could be impacted. Federal Transit Administration (FTA) Capital Grants are also funded through the General Fund. As such, there could be a slow-down in reimbursements there. That stated, some FTA funds for construction come from the HTF account. While funding for these projects is still available, the personnel that process reimbursements are furloughed and payments could be slowed.

• Department of Interior (including but not limited to the National Parks Service, Forest Service, Fish & Wildlife Service)

• General Services Administration

• Department of Agriculture (Natural Resource Conservation Service)

• Department of Homeland Security (including but not limited to the Coast Guard and Customs and Border Control, and E-Verify through U.S. Citizenship and Immigration Services)

• Department of Housing and Urban Development

• Department of State (including but not limited to the Bureau of Overseas Building Operations)

• U.S. Environmental Protection Agency

• Small Business Administration

• Associated General Contractors of America - What Contractors Should Know in the Event the Government Shuts Down


• Office of Management and Budget – Frequently Asked Questions During a Lapse in Appropriations


• Office of Management and Budget – Agency Contingency Plans


• Congressional Research Service Report -Shutdown of the Federal Government: Causes, Processes, and Effects

Early registration ends February 19
Register today for the 2019 AGC Federal Contractors Conference taking place June 10-12, 2019 in Washington, D.C. This discount offer ends February 19th and space is limited. The Federal Contractors Conference discusses 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 impact their businesses and may have the opportunity to continue a dialogue with federal agencies after the conference. 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 [email protected] or (703) 837-5368.

The AGC Safety Management Training Course (SMTC) provides attendees with three days of training on the basic skills needed to manage a company safety program in the construction industry. The SMTC program builds on Focus Four training and prepares attendees to manage key safety issues on the job site and provides techniques for delivering basic safety training to field personnel. Participants will receive intensive instruction and training that will allow them to return to their firms with readily applicable new skills to positively impact their company’s safety and health program. Visit the Safety Management Training Course page for more information.
For more information, contact Nazia Shah at (703) 837-5409 or [email protected]. 

Join more than 250 industry professionals and participate in the development of regulatory and legislative activity on both a national and local level; assist in the development and creation of new safety training programs and products; and hear the latest initiatives from OSHA and other industry experts. Full details on the Conference and links to registration and the hotel room block can be found here.
For more information, contact Nazia Shah at (703) 837-5409 or [email protected].