Hear Regulatory Updates from Federal Agencies and Industry Experts
If your goal is an excellent compliance record, then AGC’s 2018 Construction Environmental Conference is the conference for you.  Join us Sept. 12 and 13 in Crystal City, Virginia, and learn how to manage environmental requirements with information straight from federal regulatory agencies and industry experts covering: stormwater, groundwater, species, Clean Water Act section 404 permitting and Waters of the United States, aerosol cans, lead-based paint, hazardous materials, and the Emergency Planning and Community Right-to-Know Act.  Register today!
For more information, contact Melinda Tomaino at [email protected].

President Signs the National Defense Authorization Act
On August 13, President Trump signed into law the FY2019 National Defense Authorization Act (NDAA).  The law includes an AGC-backed bipartisan provision that will require federal construction agencies to publish their change order policies and procedures on any small business federal construction contract (see Sec. 855).  The provision will help provides prospective federal construction contractors with information they need to factor into their bids and offers to the federal government the risk and resulting cost of delayed payment for change.  Also included in the 2019 NDAA is the AGC-backed provision on past performance reporting for individual joint venture partners (see Sec. 823), which allows for past performance ratings for each partner of a joint venture.
AGC of America’s CEO Steve Sandherr stated that “[t]he 2019 NDAA, like previous NDAAs, contain a host of laws related to the construction industry.  AGC will monitor each NDAA and continue to advocate for reforms that will benefit the construction industry as a whole.”
Some other notable provisions in the FY2019 NDAA that are important to AGC members include:

• Sec. 880 - Use of lowest price technically acceptable source selection process.  This section further limits federal agencies from using LPTAs and requires agencies to adequately describe the minimum requirements for what amounts to “technically acceptable” in the procurement.


• Sec. 878 - Procurement administrative lead time definition and plan.  Requires a government wide definition Procurement Administrative Lead Time (PALT) and requires federal agencies to work with the Department of Defense and the General Services Administration to develop a plan for measuring and reporting on PALT.


• Sec. 933, 934, 936 – Expediting the backlog of Security Clearances.  These provisions are designed to expediate the backlog of nearly 700,000 background investigations and security clearances for agency and contract personnel.  It will also require regular and transparent reports on the progress of these investigations.

Before many of these provisions are added to new federal construction contracts, they must first go through the rulemaking process to be implemented. It could be some time before that regulatory process is completed.
The above mentioned change order provision is a product of a congressional hearing where AGC members testified at the House Small Business Committee on change order delays and the impacts they have on federal construction contractors.  AGC continues to be at the forefront in advocating for greater accountability of the change order process among the various federal agencies.  AGC has previously called on the Federal Acquisition Regulation Council to improve the data federal agencies collect regarding the administration of change orders in response to the Council’s information request. AGC’s recommendations would require federal agencies to collect a range of data regarding the timeliness of action by the contracting officer to encourage greater accountability.
For more information, contact Jordan Howard at [email protected].

AGC and other industry allies recently urged the Senate Environment and Public Works Committee to advance a new bill that would help prevent states from improperly delaying infrastructure projects based on water quality certifications. Among other reforms, the legislation—the Water Quality Certification Improvement Act of 2018 (S. 3303)—would require states to grant or deny requests by developers of federally-permitted projects for state water quality certifications in a timely fashion. In addition, states would be required to inform applicants within 90 days as to whether any additional information is needed to complete the review.
For more information, contact Sean O’Neill at [email protected].

In response to a U.S. Environmental Protection Agency (EPA) request for comment on updating its cost-benefit analysis of its regulations, AGC submitted an August 13 letter to the agency stating that consistent and transparent cost-benefit analysis can improve regulations and limit arbitrary and capricious decisions.  AGC highlights six rulemakings affecting construction where EPA’s cost benefit analysis is particularly troublesome.  In these examples: the costs significantly outweighed the benefits; the analysis was performed with deficient data; the agency relied on non-quantified or indirect benefits to justify tighter controls; or the baseline assumptions about industry practices were outdated or ill-informed.
The construction industry is extensively regulated by the agency; and EPA regulations account for most of the annual estimated benefits and costs of all major federal regulations.  AGC urges the agency to apply cost-benefit analysis principles to the maximum extent possible under law and consider the full range of costs imposed on small businesses.
For more information, contact Leah Pilconis at [email protected].

In response to a U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers request for comment, AGC submitted an August 13 letter reiterating its support of the agencies’ efforts to repeal and replace the 2015 “Waters of the United States” (WOTUS) rule while maintaining the current regulatory “status quo” in the interim.  The construction industry depends on receiving Clean Water Act permits to secure financing and approval to construct new projects.  AGC urges the agencies to provide continuity and predictability for near-term business planning under the current framework while they continue to work on the next steps.
AGC also joined three other comment letters regarding the agencies’ supplemental proposal: the Waters Advocacy Coalition’s (WAC) comments, the Federal Stormwater Association’s comments, and joint comments that specifically look at the Supreme Court ruling in the SWANCC v. U.S. Army Corps of Engineers case and its implications for the 2015 rule as well as any future definition of WOTUS.  As an active member of the U.S. Chamber of Commerce Environment and Agriculture Committee, AGC also incorporated the Chamber’s comments by reference.
For more information, contact Melinda Tomaino at [email protected].

AGC Provides Overview of FAQs
The Occupational Safety and Health Administration (OSHA) recently released a set of 53 Frequently Asked Questions (FAQs) to provide guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction.  The FAQs are extensive and organized by topic.  A short introductory paragraph is included for each group of questions and answers to provide background information about the underlying regulatory requirements.  AGC has assembled a  four-page document with some of the clarifications and a PDF version of all the FAQs for members’ convenience.  AGC encourages its members to review all the FAQs to assist in their compliance efforts.
Through the Construction Industry Safety Coalition, AGC was heavily involved in the formulation of these FAQs.  The development of the FAQs stemmed from litigation filed against OSHA by numerous construction industry trade associations – including AGC – challenging the legality of OSHA’s rule.  OSHA has also agreed to issue a Request for Information (RFI) on Table 1 to revise the Table to improve its utility.  AGC will continue to look for ways to work with OSHA to improve the workability of this significant rule.
For more information, contact Kevin Cannon at (703)837-5410 or [email protected] or Nazia Shah at (703)837-5409 or [email protected]. 

AGC of America joins Capital One, Microsoft, Starbucks, Target, and others to promote voter participation in this year's elections. 
The association, along with leading brands and organizations, is partnering in the TurboVote Challenge to help America reach 80% voter turnout.
The construction industry and the millions of workers it employs have much at stake this November. At a time when the industry is rebounding from the longest and deepest slump of any sector, it is especially important to elect local, state, and federal leaders willing to work for common-sense solutions to the challenges facing the construction industry and its workforce.
In order for our voices to be heard in this ever-changing political landscape, we must register to vote and cast our ballots early or on Election Day.
AGC makes it very easy to receive election reminders via email or text, register to vote, and apply for an absentee ballot using the TurboVote tool. Sign up today at agc.turbovote.org.
Please share this information with your colleagues, friends, and family. Download this sample communication and send them an email today!
Help make the construction industry's voice heard loudly and clearly in this year's elections! Get registered. Get informed. Vote!
Please contact David Ashinoff, Director of Political Affairs, at [email protected] with any questions.

The Associated General Contractors of America Political Action Committee (AGC PAC) Endorses Martha McSally for the U.S. Senate.
The Associated General Contractors of America Political Action Committee, also known as the AGC PAC, announced today that it has endorsed Martha McSally for the United States Senate. AGC PAC officials said they are supporting the representative’s campaign because of her strong pro-construction record.

“Martha McSally has distinguished herself as serious leader with a proven track record of fighting unreasonable regulations, supporting much-needed tax reforms, and pursuing common-sense immigration policies,” said Stephen E. Sandherr, the association’s chief executive officer. “As the first female combat fighter pilot and first woman to command a fighter squadron in combat, Martha McSally has proven that she will stand up and fight for what is right when it comes to protecting our economy, our workers and our country.”

In addition to endorsing Rep. McSally, AGC PAC has contributed the maximum amount of $10,000 to her Senate campaign. AGC PAC is also encouraging the association’s members in Arizona to help turn out the construction vote in support of the congresswoman in the August 28th Republican primary election and again on November 6th in the general election.

“Martha McSally has fought to protect workers and employers from the dozens of municipal and state governments that want to discriminate against them for working on the border wall,” said David Martin, president of the AGC Arizona Chapter. “She has worked side-by-side with us on important issues including workforce development, infrastructure investment, veterans’ affairs, economic growth, ending red tape, and limiting bureaucracy. Martha is for us,” added Tom Dunn, president of the Arizona Builders Alliance.

AGC is the leading association for the construction industry, with hundreds of member companies in Arizona, representing general and specialty contractors, service providers, and suppliers. This endorsement comes from AGC PAC, the national association’s political action committee.

October 17-19 in Arlington, VA, 10 Seats Left!
This unique three–day course provides construction safety and health professionals with the next–level knowledge required to successfully manage a company–wide safety program. Moving beyond the basics of Focus Four training, AGC’s Advanced Safety Management Training Program will give participants a more holistic view of safety’s role in project and company success, as well as advanced tactics and best practices for managing all aspects of a corporate safety program. Participants will also focus on the importance of "selling" safety throughout the organization and methods to generate buy–in from different audiences. Full details on the course and links to registration can be found here.

Hear Regulatory Updates from Federal Regulatory Agencies and Industry Experts
If your goal is an excellent compliance record, then AGC’s 2018 Construction Environmental Conference is the conference for you.  Join us Sept. 12 and 13 in Crystal City, Virginia, and learn how to manage environmental requirements with information straight from federal regulatory agencies and industry experts.  This year, AGC has invited representatives from several program offices at the U.S. Environmental Protection Agency to participate in providing briefs on important and emerging issues (e.g., stormwater, groundwater, 404 permitting, aerosol cans, and lead-based paint).  AGC has also invited the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife to share some of their agencies’ priorities and recent developments.
Industry experts will also provide insights and updates on the Waters of the United States, Clean Water Act Section 404 permitting, hazardous materials, and the Emergency Planning and Community Right-to-Know Act.
Register today at https://meetings.agc.org/cec/.