Author: agcnews

The Construction Industry Compliance Assistance Center (the CICA Center) has updated its information on the Aerosol Can Universal Waste rule, the Lead Renovation, Repair and Painting program, and process water. Supported by the U.S. Environmental Protection Agency, the CICA Center provides “plain language” resources on federal and state environmental requirements pertaining to construction activities. AGC recommends the center as a resource for members and has contributed content to the site. Check out the recent changes below. Aerosol Can Universal Waste Rule – Members of AGC’s Environmental Forum Steering Committee worked on an explanation of the Universal Waste requirements specific to construction for…

On November 27, the U.S. Fish and Wildlife Service released for 30 day public comment the final Environmental Impact Statement (EIS) associated with the new Migratory Bird Treaty Act (MBTA) rulemaking. The final EIS is available for public review for 30 days, after which the Service will issue a Record of Decision. The new, AGC-supported MBTA rule is undergoing review at the Office of Management and Budget and is expected to be final around the new year. Contractors employ multiple strategies to avoid migratory birds on projects; however, following the law does not reduce risk should an “incidental take” occur. The MBTA proposed…

On November 23, the U.S. Department of Transportation (U.S. DOT) issued a proposal to update its procedures for implementing the National Environmental Policy Act (NEPA). AGC is currently reviewing the proposal to prepare a response ahead of the December 23, 2020 deadline for public comment. The revision to U.S. DOT’s implementing rules is necessary to align with the new, over-arching NEPA regulation that took effect in September of this year. Furthermore, the proposal incorporates environmental review requirements from recent bipartisan infrastructure legislation: SAFETEA-LU, MAP-21, and the FAST Act. In August 2019, the U.S. DOT published two interim NEPA policies: 1) Recommends page limits of…

On November 13, 2020, AGC submitted comments generally supportive of recently proposed revisions to the Nationwide Permits (NWP). The U.S. Army Corps of Engineers proposal included revisions to several NWPs, including modifications to the thresholds for streambed loss for certain permits, establishment of a new mitigation requirement, and clarifications to the pre-construction notification process. The Corps also intends to reissue the entire suite of NWPs for a new five-year cycle on an earlier timeframe (they are currently set to expire in 2022). AGC raised the following three points for the Corps to consider. In preparation of our response, AGC prepared a summary of the proposal to…

Discusses Challenges and Opportunities On December 1, AGC of America’s CEO, Steve Sandherr, met with Lieutenant General Scott A. Spellmon, the new Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers, along with other senior Army Corps leaders. AGC and the Army Corps discussed LTG Spellmon’s vision for the Army Corps solutions to the challenges facing our nation’s infrastructure, and how the Army Corps can better partner with the construction industry. AGC looks forward to continuing our decades long history with the Army Corps to ensure the delivery of high-quality facilities and infrastructure and will help ensure…

As of November 30, contractors working in the state of California are required to have a written COVID-19 Prevention Plan. Modeled off the Injury and Illness Prevention Program required of all California employers, the emergency temporary standard requires a written plan that addresses hazard identification, evaluation and correction, investigation, training, physical distancing, face coverings, and other engineering and administrative controls. The standard also addresses reporting and recordkeeping and return to work criteria. Employers are required to provide notice within one business day of a potential exposure, and to offer testing at no cost to employees who may have been exposed. Employers…

CLICK HERE to tell President Trump and Congress to enact legislation this year to protect construction jobs by blocking a surprise federal tax increase of up to 37 percent on Paycheck Protection Program (PPP) loan forgiveness. If Congress fails to act by the end of the year, thousands of construction jobs funded through PPP loans could be in jeopardy because, rather than 100 percent of PPP funds going to payroll, rent, utility payments, and mortgage interest, up to 37 percent will instead go to the IRS. Enacted in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the PPP is one…

On December 3, AGC, along with 564 trade associations, called on Congress to pass legislation reversing IRS policy that turns promised, tax-free PPP loan forgiveness into a taxable event. The effect of this is to tax a business’s PPP loan forgiveness up to 37 percent. AGC is very engaged in exhorting Congress to include legislation to overturn the IRS Notice in any end of year tax or spending package, and we will continue to provide updates to members. In May, the IRS issued Notice 2020-32, which denied tax deductions for any expenses associated with PPP loan forgiveness. After the IRS issued the…

OFCCP recently announce the release of its new technical assistance guide for small contractors. The guide provides compliance assistance regarding equal employment opportunity obligations for small federal supply and service, construction contractors and subcontractors, as well as and federally assisted construction contractors and subcontractors. The agency considers contractors’ sizes when developing its requirements to consider the burdens on small contractors. Small contractors can use the technical assistance guide as a self-assessment tool to review the practices they have in place to eliminate discrimination and achieve their equal employment opportunity goals. The guide addresses the following key objectives for contractors: OFCCP has committed itself…

Only 30 percent of the nation’s metro areas added construction jobs in the past year, according to an analysis of new government data that the Associated General Contractors of America released today. Association officials said construction employment in most parts of the country was being impacted by pandemic as businesses and local governments curtail planned construction projects. “The pandemic has devastated the finances for businesses, institutions, and state and local governments, leading to widespread postponements and cancellations of construction projects,” said Ken Simonson, the association’s chief economist. “As contractors use up the funds from Paycheck Protection Program loans, even more job losses…