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.

On Jan. 15, the United States and China signed a modest ‘phase one’ trade agreement, signaling a major first step towards defusing tension in the trade war between the two nations. Under this initial agreement, the Trump administration will reduce the existing tariff rate on $120 billion worth of import goods from China, in addition to upholding its commitment to not impose further tariffs on Chinese goods. Although the agreement rolled back some of the import duties imposed on China, steep tariffs on $250 billion of goods remain. AGC applauds this initial agreement and will continue to advocate for a further reduction of tariffs to keep construction material cost low and maintain market stability.

On Jan. 16, the Senate overwhelmingly passed (89-10) H.R. 5430, the United States-Mexico-Canada Agreement Implementation Act (USMCA). Senate passage of this legislation clears the way for U.S. ratification of the newly negotiated trade pact between the U.S., Canada, and Mexico. Once President Trump signs the deal into law, Canada’s ratification is the final step before full implementation of the agreement. AGC has long supported this measure due to the significant economic impact trade with our North American neighbors has on the construction industry. Implementation of this new agreement will help ensure that trade impacting the construction industry supply chain remains free, fair, and certain.

As the year 2019 and Member Lauren McFerran’s term were both about to expire, the National Labor Relations Board (the Board or NRLB) reversed several noteworthy actions taken by the agency during the Obama Administration.

Trump Administration Proposal to Reform the Federal Environmental Review Process Will Fix Problems with Current Process While Maintaining Environmental Rigor, Construction Officials Say

Changes Effective March 16, 2020

Survey Finds Optimism about 2020 along with Even Tighter Labor Supply as Construction Unemployment Sets Record December Low; Association Calls for Government to Boost Career Opportunities, Immigration

The U.S. Department of Transportation (USDOT) is seeking information to help it develop a National Freight Strategic Plan (NFSP) to address the needs of multimodal freight transportation. According to the Department, freight tonnage will increase by 44 percent between 2015 and 2045, placing increased strain on a system that moves approximately 18 billion tons of freight annually across the country via all modes of transportation. USDOT is also seeking information to help shape its ROUTES (Rural Opportunities to Use Transportation for Economic Success) initiative, as 46 percent of the nation’s highway fatalities occur on rural roads and where nearly half of all truck vehicle miles traveled occur. AGC intends to submit comments on both proposals.

On Jan. 9, AGC urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. AGC further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. AGC also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.

Nicole Nason, Administrator of the Federal Highway Administration (FHWA), will address the Highway and Transportation Division on during AGC’s 2020 Convention in Las Vegas this March. As FHWA Administrator, Nason is currently spearheading development of the Trump administration’s principles on FAST Act reauthorization. A leading traffic safety advocate, Nason headed up the National Transportation Safety Administration (NHTSA) during the George W. Bush administration and served in several other USDOT positions prior to her appointment to lead to organization. During the division meeting, Nason will give her insights into the outlook for reauthorization this year and highlight the Administration’s legislative priorities. Click here for more information and to register for the 2020 AGC Annual Convention.