Author: clara.kinney@agc.org

Members of AGC’s Utility Infrastructure Division – who are engaged in utility construction, including water and wastewater facilities and pipelines, energy generation and transmission, and telecommunications infrastructure – traveled to Tucson, Arizona to participate in an meeting that coincided with the Common Ground Alliance’s (CGA) annual Fall Summit. AGC members discussed an array of topics relating to utility infrastructure in the meeting, including 811 policies and procedures, PHMSA reauthorization, permitting reform, PFAS liabilities for contractors, safety planning for utility excavation and more. In addition to national AGC members, the Arizona AGC chapter attended the meeting, and Arizona AGC hosted all…

The U.S. Department of Transportation has released an official FAQ document to guide agencies and industry through implementation of the October 3, 2025 Interim Final Rule (IFR) changing race and sex based presumptions to the DBE programs. The FAQ comes at a time when states are implementing the new IFR in a variety of ways. One of the main points of uncertainty was for contracting already in the pipeline. The FAQ states that state DOTs must remove DBE goals from advertisements before letting and “zero out” goals on projects that have been let but not yet awarded/executed. However, contracts that…

On October 21, the White House Office of Information and Regulatory Affairs (OIRA) issued a memo intended to speed up deregulatory actions, citing faster internal reviews and increased use of the Administrative Procedures Act (APA) “good cause” exceptions. The rulemaking process is primarily controlled by the APA and Executive Order 12866. During the rulemaking process, EO 12866 requires significant rules to be sent to OIRA for White House and interagency review before publication. This process can be a bottleneck and has become a major reason why rulemaking projects can drag on for years at a time. The status quo calls…

AGC has called on Congress to quickly pass a clean continuing resolution to end the government shutdown. As the shutdown continues into its fourth week, contractors may start to experience impacts to their work. Here is what we at AGC of America expect: Permitting The good news in the permitting world is that for stormwater and many of the other major environmental permitting programs, states have assumed responsibility for administration. Except in areas where EPA is the permitting authority, contractors should still be able to work with their states to file notices of intent or notices of termination. For the…

On January 14, 2025, the Federal Highway Administration (FHWA) issued a final rule rescinding the long-standing Buy America waiver for manufactured products used in federal-aid infrastructure projects. The rule will be rolled out in two phases. The rule defines a “manufactured product” as any construction material that has been processed into a specific form or combined with other materials to create a distinct item. This encompasses a wide range of products, including pre-fabricated components and complex machinery. The DOT has clarified that all stages of manufacturing for these products—from initial processing to final assembly—must take place domestically to comply with…

10/24/2025 UPDATE: U.S. DOT has released a Frequently Asked Questions document addressing many questions about the new DBE Rule. On October 3, 2025 the U.S. Department of Transportation (DOT) released an Interim Final Rule (IFR) on the Disadvantaged Business Enterprise (DBE) Program which removes the race and sex-based presumptions from the program. Because the rule took effect immediately, many questions have arisen regarding its impact on specific elements of the DBE program and on ongoing or upcoming projects and lettings. States are taking varied approaches to implementation and enforcement, particularly regarding whether or not to apply existing DBE contract goals…

On October 6, the Pipeline Integrity, Protection, and Enhancement for Leveraging Investments in the Nation’s Energy to assure Safety Act of 2025, otherwise known as the PIPELINE Safety Act of 2025 (S. 2975), was introduced on a bipartisan basis by Senate Committee on Commerce, Science and Transportation Chairman Ted Cruz (R-Texas), Ranking Member Maria Cantwell (D-Wash.), Senator Todd Young (R-Ind.) and Senator Gary Peters (D-Mich.). If enacted, it would reauthorize the Pipeline and Hazardous Materials Safety Administration (PHMSA) through 2030. This is the Senate’s first PHMSA reauthorization bill since PHMSA’s authorization expired in 2024 and follows the House-introduced PIPES Act…

On Oct. 9, the U.S. Senate overwhelmingly passed (77-20) itsversion of the National Defense Authorization Act for FY 2026(NDAA). As AGC has previously reported, this year’s NDAA (H.R. 3838 /S.2296)places a strong emphasis on comprehensive acquisition reform. The House of Representatives passed its version on Sept. 10. The House and Senate will need to conference on a final NDAA bill. Some key provisions are listed below: While no date has been set, AGC expects the House and Senate to conference by Thanksgiving, with a final vote likely sometime in December. Congress has passed the NDAA for 64 consecutive years, and…

On September 29, the Federal Motor Carrier Safety Administration (FMCSA) issued an interim final rule titled Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses. The rule limits access to Commercial Driver’s Licenses (CDLs) and Commercial Learner’s Permits (CLPs) for individuals who are not permanently residing in the United States. Under the new rule, applicants must present a valid foreign passport along with immigration documentation tied to a qualifying temporary work visa, such as H-2A or H-2B. Employment Authorization Documents (EADs) alone will no longer be accepted. As a result, individuals who rely solely on an EAD, such as…

The government continues to be “shutdown” with no end in sight, as the Senate remains deadlocked and the House of Representatives is in recess. Click here for resources for construction companies during the government shutdown. Congress is at a standoff over extending Affordable Care Act (ACA) subsidies as part of reopening the federal government, with Democrats pushing for renewal. Last week, the Senate had four failed votes to reopen the government. Senators Catherine Cortez Masto (D-Nev.), John Fetterman (D-Pa.), and Angus King (I-Maine) broke ranks with most Democrats to support the measure, while Senator Rand Paul (R-Ky.) stood alone among…