Author: agcnews

The U.S. Environmental Protection Agency (EPA) will host two information sessions in February on the 2021 Diesel Emissions Reduction Act (DERA) National Grants. EPA anticipates awarding approximately $46 million in DERA funding and is soliciting applications nationwide for projects that achieve significant reductions in diesel emissions. The request for applications (RFA) closes on March 16, 2021 (applications due). Click here to read more about the program. Funding Opportunity Information SessionsWednesday, February 3, 2021 at 3:00 p.m. (ET)Thursday, February 11, 2021 at 2:00 p.m. (ET) Webinar links and dial-in information for the sessions can be found at: www.epa.gov/dera/national#rfa. For more information, contact Melinda Tomaino…

On January 25, President Biden issued a “Made in America” executive order (EO) that seeks to strengthen Buy America and Buy American laws. Some aspects of the EO are similar to the Federal Acquisition Regulations (FAR) Rule issued under President Trump, which increases the domestic contents for construction materials. Among other things, this EO calls for greater scrutiny for Buy America(n) waivers issued by federal agencies, creates a public website listing the proposed waivers and their statuses, calls for a Federal Acquisition Regulations rule to amend Buy American to replace the “component test,” and directs agencies to review and make recommendations on existing Buy…

President Biden’s “Executive Order (EO) on Tackling the Climate Crisis at Home and Abroad” contained a brief provision focused on the Davis-Bacon Act and prevailing wages. In addition to reminding agencies involved of their legal obligations to apply and enforce existing Davis-Bacon requirements, the EO also ordered the Secretary of Labor to update prevailing wage requirements. There has yet to be any concrete indication of when Marty Walsh, the nominee to be the Secretary of Labor, might be confirmed and any efforts ordered upon him will have to wait until he is confirmed and in place at the DOL. AGC…

On January 20, President Biden released a legislative proposal to reform the nation’s immigration system. The proposal is separate from presidential actions halting construction of the southern border wall or preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The DACA program had been under considerable attack from the Trump Administration and in the courts. The EO attempts to provide greater certainty while Congress makes permanent changes. The other important program to the construction industry, Temporary Protective Status (TPS) program, is in less urgent need of executive action as it was previously extended through October 4, 2021 by the Trump Administration. There are more than…

As part of his approach to addressing climate change, President Biden signed an executive order that directs a pause on entering into new oil and natural gas leases on public lands or offshore waters, as well as a rigorous review of existing leasing and permitting practices related to fossil fuel development and doubling renewable energy production from offshore wind by 2030. The order does not immediately affect the substantial number of leases entered into during the Trump administration. While AGC and its members look forward to new clean energy construction market opportunities, the association remains concerned about impacts to traditional energy markets…

In a January 27 Executive Order, President Biden initiated steps to mobilize the entire federal government to address climate change from every sector of the economy – and to motivate states and other countries to do the same. The EO falls short of declaring a climate emergency; however, it tasks the federal agencies to make and act on recommendations related to climate policies, environmental justice, labor, national security, energy, and conservation. The EO recognizes the need for construction workers to build a new “clean energy economy.” It calls for broad adoption of resiliency to climate change and charges agencies to ensure that…

On January 21, President Biden issued an executive order (EO) calling on Occupational Safety and Health Administration (OSHA) to issue revised COVID-19 guidance to employers by February 4. In addition to issuing revised guidance, OSHA must consider if an emergency temporary standard (ETS) is necessary, including the necessity for masks in the workplace. If an ETS is deemed necessary—which AGC expects OSHA to do—the agency must issue the standard by March 15. The EO further directs OSHA to launch a national emphasis program (NEP) to focus enforcement efforts on COVID-19 violations in workplaces that place large numbers of workers at risk and to respond to any retaliatory…

In just one week in office, President Biden has issued 21 executive orders, a figure surpassing former President Obama’s 20 executive orders issued over the course of all of 2013. However, it is important to note that many of these orders by and large do not have immediate practical impacts on federal regulations applicable to the construction industry. It will take many months and even years before the vague directions set forth in many of these orders become more detailed, final regulations. In that intervening time, rest assured, AGC is well-prepared, well-seasoned and fully equipped to ensure the best possible regulatory…

On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies. These amounts apply to statutory civil penalties for violations that occur or occurred after November 2, 2015, where penalties are assessed on or after…

Construction employment in December remained below pre-pandemic levels in two-thirds of the states even though 37 states and the District of Columbia added construction jobs from November to December, according to an analysis by the Associated General Contractors of America of government employment data released today. Association officials said the new data highlights how broadly the industry has been impacted by the pandemic and underscores the need for additional coronavirus recovery measures. “While most states recorded construction employment gains in December, the pickup is likely to be temporary for many,” said Ken Simonson, the association’s chief economist. “Participants in our association’s recent…