Author: agcnews

On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that AGC has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and AGC will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are…

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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 legislative reform proposal would create a path to citizenship for the estimated 11 million undocumented individuals through a multi-year process if individuals pay taxes, pass background checks, and meet other requirements. Other individuals, such as those in the Deferred Action for Childhood Arrivals (DACA) Program and Temporary Protected Status (TPS) holders, could receive permanent status immediately. Extending long-term legal certainty to DACA and…

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AGC continues to track and comment on several environmental regulatory actions relevant to construction that the Trump Administration advances in the final days of the term, including those impacting species and Clean Water Act (CWA) permitting. Several of these actions are vulnerable to change during a Biden Administration, either through legal challenges, administrative actions and delays, or revision through the regulatory process. In the last few weeks, the administration has finalized the following regulations relevant to the construction industry—as well as a host of others (see EPA press releases during this time period). The Multi-Sector General Permit for stormwater discharges at industrial facilities is…

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Construction employment increased by 51,000 jobs in December, with gains for nonresidential as well as residential contractors, according to an analysis by the Associated General Contractors of America of government data released today. Association officials cautioned, however, that its latest survey shows widespread pessimism among contractors about the volume of work available in 2021, and they urged lawmakers to focus on measures designed to rebuild the economy and demand for construction. “December’s employment gains likely reflect milder weather than usual for the month rather than sustained demand for projects,” said Ken Simonson, the association’s chief economist. “In fact, our survey found contractors…

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Public and private building markets, many of which are reeling from pandemic impacts, will find some respite through AGC’s success in landing significant development tax policies in the year-end COVID-relief and government funding bill enacted on December 27, 2020. These tax policies include $25 billion in tax incentives for community buildings development through the extension of the New Markets Tax Credit for five years; expanding tax credits for constructing more than 550,000 multifamily housing units via the Low-Income Housing Tax Credit; and makes permanent, with updated ASHRAE standards, the commercial building energy efficiency tax deduction (Section 179D), which encourages private…

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AGC helped secure $10 billion for state departments of transportation to help offset lost transportation revenues threatening bid lettings and project cancelations as part of the year-end COVID-relief and government funding bill enacted on December 27, 2020. AGC members generated more than 50,000 messages to their members of Congress and President Trump in support of this request, in addition to many phone calls and contacts by AGC Chapters. In addition, the legislation includes a full year’s funding for the federal-aid highway and transit program, amounting to approximately $46 billion. For a detailed analysis of what was included in the year-end…

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The U.S. Department of Labor’s Wage and Hour Division (WHD) announced additional guidance to provide information about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements expired on December 31, 2020. The new guidance, in the form of Frequently Asked Questions (see questions 104 & 105) on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after December 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave responsibilities…

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The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021, however, AGC expects the incoming Biden administration to reexamine the rule prior to it becoming effective. The final rule includes the following clarifications: For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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AGC blocked a surprise federal tax increase of up to 37 percent on Paycheck Protection Program (PPP) loan forgiveness, benefiting tens of thousands of construction firms. AGC was able to secure a provision in the year-end COVID-relief and government funding bill enacted Dec. 27, 2020 that overturned the IRS position barring deductions for PPP loan-forgiven business expenses. In addition, the association secured provisions providing for expedited loan forgiveness for PPP loans less than $150,000, expanded additional expense categories for PPP loan forgiveness and more. For a detailed analysis of what was included in the year-end bill from a construction industry…

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