Abandoned Mine Land Reclamation

Ensure adequate funding for abandoned mine land reclamation. The benefits gained from reclamation of abandoned mine lands include protection of public health and safety, improved environmental and social conditions, and better use of natural resources.

Alternative Dispute Resolution (ADR)

Expand the use of alternative dispute resolution to resolve environmental disputes. ADR techniques for preventing and resolving conflicts can resolve issues quickly, reduce transaction costs, improve working relationships, and increase compliance with environmental requirements.

Air Quality Controls

National Ambient Air Quality Standards (NAAQS) should be scientifically based, attainable, and economically feasible. As NAAQS become more stringent, states are struggling to find ways to further reduce air emissions. State clean-up plans (called SIPs) may include enforceable requirements that affect the business of construction. States and localities must show conformity between their transportation plans and SIPs or risk losing their federal transportation dollars. The states and the federal government should ensure that air quality controls do not unnecessarily impede the ability of contractors to meet the nation’s growing infrastructure needs and eliminate the sanctioning of highway funds as a penalty prescribed by the Clean Air Act.

Construction Materials Recycling and Reuse

Enhance durability of constructed products and the environment by encouraging additional engineering-based recycling of construction materials and waste. AGC supports the reuse of materials in construction only where those materials have known and reliable performance thresholds. Many state and local governments require construction and demolition debris recycling through mandates or green building initiatives. The construction industry as a whole recycles more material than any other industry. In order for contractors’ recycling and reuse efforts to be effective, the infrastructure and market to recycle and reuse debris must be in place.

Contaminated Site Clean Up Liability

Reform superfund and brownfield laws to promote cleanup and reduce contractor liability. AGC supports changes to the Brownfields Act that would provide federal enforcement and liability protections to construction contractors who redevelop contaminated properties. AGC encourages Congress to extend these same protections to construction contractors who remediate petroleum-contaminated sites, which make up approximately half of the nation’s brownfield sites.

Diesel Retrofit Incentives

Continue to fund diesel retrofit of construction vehicles in areas where retrofit is required. Congress should incentivize construction equipment owners and operators to install emissions control technologies on their diesel engines by providing financial and technical assistance. AGC opposes engine retrofit and/or fleet turnover requirements that place the financial burden exclusively on contractors. Such mandates would have a significant negative economic impact on industry, particularly small businesses. Fully funding federal programs (grants, low-interest loans, tax breaks) would aid contractors with the expense of retrofitting and assist communities in meeting national air quality standards.

Endangered Species Recovery

Support common-sense reforms to endangered species act to protect both species and private property rights. Species listing (and delisting) should be based on sound scientific data that has been field-tested or peer-reviewed. Economic consequences should also be taken into consideration when listing a species. Landowners should be less burdened by the “critical habitat” designation process and fully compensated for the value of any property deemed unusable.

Engine Emissions Standards

Oppose retroactive engine emissions standards or accelerated fleet turnover requirements. AGC opposes retroactive engine emissions limits (mandatory retrofits), and accelerated fleet turnover requirements that place the financial burden of purchasing emission reduction technologies for new equipment on contractors. AGC is also opposed to any government action that would devalue a company’s equipment or undermine the competitive bidding process and restrict competition by discriminating against contractors on the basis of their existing equipment (contract preferences or bid specifications).

Environmental Management Systems (EMS)

Promote the use of environmental management systems and allow self-audits without threat of penalty of other negative consequences. EMS can provide a framework for effective management of environmental obligations, including compliance with laws and regulations. An EMS helps a company identify actions that impact the environment, establish and achieve improvement goals, and check and correct problems as they arise. AGC opposes government use of information discovered during a self-audit to prove an environmental violation.

'Green' Bonds

Promote “green” bonds. AGC supports tax-exempt financing for green construction projects. Green bonds make it easier for construction project owners to offset the costs of site remediation, sustainable design features and environmentally-friendly technologies or products.

'Green' Construction

Promote “green” construction practices that are reasonable, practical, and appropriately focused on their intended result. The government should not endorse one green construction standard to the exclusion of other standards or adopt a sole definition for what constitutes “green” construction. Green construction programs should allow for variations in regional, local, and site-specific conditions. Private sector competition should be relied upon to encourage the creation of innovative technologies and common-sense solutions to environmental problems.

Historic Preservation

Ensure the logical application of historic preservation laws. The federal government must account for the effects of their undertakings on historic properties. AGC supports streamlined efforts in determining how federal action will impact property, thereby avoiding unnecessary delays in infrastructure projects vital to communities.

Oversight of EPA

Increase EPA oversight to ensure regulations are consistent with statute. Congress should exercise its authority to clearly define the mission and objective of EPA and to ensure that EPA programs and regulations are cost-effective, flexible, based on sound science, sensitive to small business concerns, and capable of achieving the objectives identified by statutes.

Private Property 'Takings'

Protect constitutional rights of private property owners. AGC seeks and supports federal legislation that will fully compensate land owners in an expeditious and fair manner for reductions in the value of their property resulting from government rules and regulations that render such land unusable. Congress should adopt a clear statutory definition of what constitutes a “taking,” including not only physical occupation or use, but also regulation of use and/or diminished value.

Quality Growth

Promote quality growth over smart growth. State and local governments should be the arbiters of growth policy, not the federal government. Adequately planning for and managing growth will ensure protection of sensitive environmental areas and improvement of the built environment.

'Right-to-Cure' Minor Violations

Encourage use of inspections by allowing a “right to cure” for minor violations of environmental laws. Contractors should be afforded the opportunity to promptly correct minor violations of environmental laws (i.e., “quick cure”) without the threat of infraction enforcement. Most of the regulated community is hesitant to request compliance assistance for fear of being cited for a violation. As a result of the Environmental Protection Agency’s (EPA) unforgiving and inflexible enforcement policies, the agency’s compliance assistance program is not nearly as effective as it could be. Lengthy delays between construction site inspections and enforcement responses can result in preventable environmental harm and inequitable penalties.

Stormwater Management Requirements

Ensure that stormwater management regulations are administered at the state and local levels, and are based on best management practices. Compliance with local erosion and sediment control laws should satisfy federal National Pollutant Discharge Elimination System (NPDES) permitting requirements. Federal enforcement of state or local stormwater programs should be limited to the terms and conditions of the governing permit and regulations. Stormwater management policies should be based on best management practices and not any specific effluent guidelines or other numeric standard.