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.

On Jan. 9, the White House Council on Environmental Quality (CEQ) proposed important steps to streamline the National Environmental Policy Act (NEPA) process, which can be a circuitous, time-intensive, and costly environmental review step for many infrastructure projects. AGC is pleased the proposal appears to set clear timelines for completing reviews as well as clear up ambiguous wording and definitions that have led to litigation and delayed projects over the years – steps recommended by AGC in the prior comment period.

On Dec. 20, President Trump signed two spending packages totaling $1.4 trillion, preventing another year-end government shutdown and providing annual funding to all agencies of the federal government through September 30, 2020. Overall, federal construction accounts saw about a nine percent increase—or $12.4 billion—in funding in comparison to FY2019 funding levels. A full AGC analysis of federal and federal-aid construction accounts for FY2020 can be found here.

What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences. Fact-finding conferences are part of the EEOC’s expansive statutory investigation toolkit, but they are one of the lesser-known and perhaps lesser-used tools. The EEOC is authorized by federal law to utilize fact-finding conferences and may specifically require both parties to participate in order to define, resolve, and potentially settle any issues.

On January 8, AGC of America submitted comments on the National Labor Relations Board’s latest proposed rule to modify union representation-case procedures. Not to be confused with the Board’s “quickie election” rule, which addresses different representation-case procedures, the present rulemaking proposes three changes: (1) replacing the Board’s current “blocking charge” policy with a vote-and-impound procedure that would allow representation elections to move forward while an unfair labor practice charge is pending; (2) modifying the current “voluntary recognition bar” policy by re-establishing a notice requirement and a 45-day open period within which to file an election petition following an employer’s voluntary recognition of a union under Section 9(a) of the National Labor Relations Act (“NLRA”); and – most relevant to AGC members – (3) preventing the establishment of a Section 9(a) bargaining relationship in the construction industry based on contract language alone.