AGC is preparing comments on a U.S. Fish and Wildlife Service proposed update to the Migratory Bird Treaty Act (MBTA) that would clarify when damage to protected birds would result in criminal charges. The Feb. 3 proposal would codify the Trump administration’s Solicitor’s Opinion M-37050 that determined “incidental take” resulting from otherwise lawful action does not violate the Act---and instead would prohibit actions specifically directed at migratory birds, their nests, or their eggs. Currently, construction contractors actively avoid and minimize impacts on migratory birds and implement protective measures outlined by the Service. However, that does not eliminate the risk of severe penalties. For further information on this proposal, click “learn more”

On Feb. 7, the House is expected to pass AGC-supported legislation providing billions in funding to Puerto Rico for disaster relief and recovery efforts. This bill, spurred by the recent earthquake, will help restore, improve, and build critical infrastructure on the island. In addition, the measure will provide $1.25 billion for the Federal Highway Administration’s Emergency Relief Program—funding that will repair roads and bridges not only in Puerto Rico, but also in states across the country that have been damaged by recent natural disasters and other catastrophic events.

Homebuilding Strengthens but Infrastructure and Other Nonresidential Spending Fades in Recent Months, Reversing Pattern in Early 2019; Industry Survey Shows Strong 2020 Demand for Projects and Workers

On Jan. 29, the House Committee on Ways and Means, which has jurisdiction over federal financing tools and revenue raising measures, held a hearing on infrastructure financing options. The hearing ran in conjunction with the House Democrats releasing their framework for a broad infrastructure bill. The committee heard from a broad swath of witnesses who reiterated the need for a long-term federally supported surface transportation bill and stated that demand for bond financing in the private sector and amongst investors far outstripped the supply of available bonds. AGC expects the committee, in the coming months, to produce legislation or guidance on how to build on existing and/or expired infrastructure financing tools, such as Private Activity Bonds (PABs) and Build America Bonds, as well as explore revenue options for the highway and transit trust funds. AGC will continue to work with the committee on funding options.

AGC recently submitted comments to a proposed rulemaking that would establish new transparency requirements on group health plans and health insurers in the individual and group markets. AGC is in favor of increasing transparency for employers and their employees to empower them as health care consumers; however, as markets differ, the approach to transparency for different types of employer-sponsored plans must also differ.

Save the Date for July 14-16, 2020, in Louisville, KY

House Democrat Infrastructure Framework:

Texas and Maine Have Biggest Number and Percent of Annual Job Gains, Ohio and Wyoming Have Largest Annual Losses; Texas and Iowa Have Largest Monthly Gains While Nevada and West Virginia Have Largest Monthly Declines

AGC of America and AGC of San Antonio successfully delivered the brand new second edition of AGC’s Project Manager Development Program courses January 20th through the 24th to a sold-out class held at the AGC of San Antonio. Delivery of this course highlights the AGC of San Antonio’s commitment to educating and engaging their members. The updated curriculum directly addresses the core business of General Contractors, Specialty Contractors, and all trade partners. The class consisted of a mix of all three contractor types and everyone benefitted from instruction from AGC chapter instructors from AGC of Wisconsin, AGC of Houston and The Arizona Builder’s Alliance.

On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an AGC-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.