AGC has compiled a new resource for all things Buy American on its website. The new page describes the differences between "Buy American," "Buy America," and the Recovery Act Buy American provisions.The page also catalogues AGC's standing policy of opposition to expansion of the Buy American Act, a description of the Recovery Act rules and regulations governing the Recovery Act Buy American provisions (both for direct-federal and federal-aid work), AGC's analysis of several key provisions of the rules and regulations, and a catalogue of waivers guidance from agencies that have construction portfolios. This valuable new comprehensive resource is located at www.agc.org/buyamerican and will be updated on an ongoing basis as new information is released from the agencies.For more information, contact Scott Berry at (703)837-5368 or berrys@agc.org.

The AGC-sponsored Common Ground Alliance (CGA) testified before the House Subcommittee on Railroads, Pipelines, and Hazardous Materials on the subject of Pipeline Safety Awareness and Education.The Pipeline Safety Improvement Act of 2002 required each owner or operator of a gas or hazardous liquid pipeline facility to carry out a program to educate the public on the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release may have occurred, what steps should be taken for public safety in the event of a pipeline release, and how to report such an event. The program also had to educate the public on the use of a one-call notification system prior to excavation and other damage prevention activities.CGA president Robert Kipp described CGA's public awareness and education programs, most notably the 811 nationwide call before you dig telephone number.  AGC continues to work with its stakeholder partners within the CGA to create the industry gold standard for damage prevention.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

This week, EPA released its cumulative annual report for the Clean Water State Revolving Loan Fund, which details many of the programs successes since its inception. According to the report, since the first project received financing in 1988, the program has provided over $74 billion in assistance for eligible wastewater infrastructure, nonpoint source and estuary projects. By the end of FY09, states had entered into almost 24,700 assistance agreements.The report goes on to describe FY09, where over $5.2 billion in assistance was delivered through 1,971 assistance agreements. Two-thirds of the agreements were with communities with populations below 3,500. Over 1,300 nonpoint source loans were funded with $167.5 million.For every dollar provided by the federal government to the fund, states contribute 20 cents. Together, federal and state governments have capitalized the fund with $32.4 billion, with an additional $4 billion appropriated by Congress through the American Recovery and Reinvestment Act of 2009. Over the past 22 years, the 51 programs have been able to turn the $32.4 billion of federal and state capitalization into $73.6 billion in assistance for communities (not including ARRA). Responsible fiscal management and the revolving nature of the program have resulted in a remarkable return on federal investment. As of FY 09, for every federal dollar invested, $2.53 has been disbursed to eligible wastewater and nonpoint source projects across the country.AGC is working diligently to move the reauthorization of this highly successful program through Congress and will continue to fight for its capitalization.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

More progress on the Buy American front this week as yet another agency recognized the complex impact these Recovery Act rules have on projects. The Indian Health Service (IHS) issued a nationwide di minimis waiver for incidental components of sanitation facilities construction projects funded by ARRA.As with the di minimis waivers in place from EPA and USDA, the waiver covers components that are incorporated into the project, yet cumulatively comprise no more than a total of 5 percent of the total materials used in a project. For many of these incidental components, the country of origin and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of origin may be known but the miscellaneous nature of the products in conjunction with their low cost (both individually and procured in bulk) characterize them as incidental to the facility or project.The majority of the services sanitation facilities projects are in remote locations. The service argued that a disproportionate cost and delay would be imposed on projects if they did not issue this waiver.  IHS said it would be inconsistent with the public interest to apply the Buy American requirement to incidental components.  AGC last year urged agencies like HIS to issue di minimis waivers to avoid costly delays caused by the stimulus' Buy American provisions.Also on the Buy American front is a pair of new waivers from the EPA. These waivers are unique in that they are retroactive, applying to materials that were already put in place, rather than requesting a waiver for the purposes of moving forward with construction. Waivers for two cities in Washington State, Richland and Bridgeport, were requested under the public interest section of the waiver authority. Neither waiting for domestic suppliers nor pulling out previously installed goods was deemed in the public interest because of unacceptable delays and cost overruns on these projects. AGC supports the waivers and will continue to monitor progress on this front.

The U.S. EPA unveiled is 2008 Clean Watershed Needs Survey (CWNS).  The report identifies projected investment needs in excess of $298.1 billion for clean water infrastructure over the next 20 years for individual states.This total represents a 17 percent increase over EPA's 2004 study.  Combined with the latest Drinking Water Needs Survey released in March of 2009, the EPA has identified roughly $632.9 billion in total water infrastructure capital investment needs over the next 20 years.Categories representing the largest segment of needs include:secondary treatment;  advanced treatment; replacement and rehabilitaion of sewers; and addressing Combined Sewer Overflows(CSO).AGC will conduct additional analysis of the new report and share the data with our members.  This increase in the national needs supports AGC's request for additional funding for drinking and wastewater infrastructure. To learn more about water infrastructure needs and related legislation, please visit www.agc.org/water.To read a complete copy of the report, click here.For additional information, contact Perry Fowler at fowlerp@agc.org or (703)837-5321.

The AGC co-chaired Water Infrastructure Network (WIN) Coalition continues to educate members of Congress in efforts to build support for H.R. 3202, "The Water Protection and Reinvestment Act of 2009." This legislation seeks to establish a dedicated trust fund to finance clean water, drinking water and related infrastructure, such as large capital construction projects, replacing water mains, building water treatment facilitates and rehabilitating sanitary and combined sewer systems.  H.R. 3202 authorizes a five-year, $50 billion dedicated trust fund, which will be allocated to states primarily through the Clean Water and Drinking Water State Revolving Fund (SRF) Programs.Since the bill's introduction in June 2009, AGC and the WIN Coalition has been essential in securing 34 co-sponsors for this legislation. AGC continues to reach out to individual Hill offices to educate Congressional Members and staff about the water infrastructure needs of the nation and benefits of establishing a deficit neutral, user fee-based system to provide funding for water infrastructure.AGC member support is crucial to make progress on H.R. 3202. AGC members are encouraged to visit the AGC Legislative Action Center to write letters to their members of Congress urging their support.  Click here to visit the AGC Legislative Action Center and learn more. For additional information please contact Perry L. Fowler at fowlerp@agc.org or (703)837-5321.

AGC and the WIN Coalition continue to work diligently to bolster efforts to reauthorize the EPA State Revolving Loan Fund programs.  Despite increased annual appropriations in FY10, and an unprecedented $6 billion investment through the Recovery Act, the Clean Water and Drinking Water State Revolving Loans continue to operate without having been reauthorized in over 20 years, bringing uncertainty to these successful but undercapitalized programs.A Senate bill authorizes $39.191 billion for EPA water infrastructure programs over the next five years, and includes $20 billion for the Clean Water State Revolving Fund Program, $15 billion for the Drinking Water State Revolving Fund Program and $1.85 billion for Sewer Overflow Grants.  AGC and WIN continue to work with key industry and congressional stakeholders to move this legislation forward, but EPA's implementation of Davis-Bacon requirements that were included in FY10 Interior and Environment Appropriations bill is complicating efforts to move the bill forward.  A group of senators and the Council of Infrastructure Financing Authorities (CIFA) have both asked the EPA to reconsider its application of prevailing wages in the FY10 program, which is viewed by many as a barrier to consideration of S. 1005 by the full Senate.The House of Representatives has already approved H.R. 1262, "The Water Quality Investment Act of 2009," which authorizes $19.4 billion over five years for wastewater infrastructure projects, including $13.8 billion for the Clean Water State Revolving Loan Fund (SRF) and $2.5 billion for the sewer overflow control grants program.  AGC and WIN are working to see this bipartisan legislation combined with S.1005 upon passage by the Senate.AGC members are encouraged to contact their Senators and urge them to support the bill so that  states and communities will have the consistency of a multi-year authorization.  To learn more about this legislation and support AGC efforts, please visit the AGC Legislative Action Center.For additional information please contact Perry L. Fowler at fowlerp@agc.org or (703)837-5321.

On April 27, Sen. Robert Menendez (D-N.J.) and cosponsors Kit Bond (R-Mo.), Mike Crapo (D-Idaho), and John Kerry (D-Mass.) introduced the Sustainable Water Infrastructure Investment Act (S. 3262). The legislation will remove state volume caps on private activity bonds for water and wastewater projects and lead to the investment of billions of dollars in private money flowing into our nation's water infrastructure. AGC and coalition partners are working to garner additional support for the Senate bill and include it in broader tax legislation. Based on water and financial industry estimates, the bill would facilitate at least $2 billion worth of private water investment in 2010 and up to $5 billion or more annually as the market matures.S. 3262 is the Senate companion to H.R. 537, a bill authored by Congressman Bill Pascrell (D-N.J.) that passed the House in March as part of the Small Business and Infrastructure Tax Act.  AGC, along with the National Association of Water Companies and American Water, led the coalition effort in seeking the introduction of the Senate bill. To learn more about this legislation, visit the AGC Legislative Action Center.For additional information please contact Perry L. Fowler at fowlerp@agc.org or (703)837-5321.

CGA Platinum Sponsor Shell Pipeline LP, continued their support of the 811 message of safety by featuring the logo during one of the most-watched sporting events in the country. During the Talladega Race, the No. 29 Shell-Pennzoil Chevrolet featured the "Call 811" logo on its deck lid and rocker panels to maximize exposure to fans at Talladega Superspeedway in support of National Safe Digging Month.Kevin Harvick raced the No. 29 Shell-Pennzoil Chevrolet to victory lane and celebrated his first win of the season. During the race, Harvick helped celebrate National Safe Digging month by sporting the "Call 811" logo to help educate fans about the importance of following the proper safety procedures when digging.CGA is now also featured on Facebook at www.facebook.com/CGAConnect and Twitter at www.twitter.com/CGAConnect, with both networks serving as a place for CGA stakeholders to meet each other, share news stories and case studies, and learn about upcoming CGA initiatives and meetings.AGC members interested in learning more about the Common Ground Alliance or getting involved in our underground damage prevention efforts should contact Perry L. Fowler at fowlerp@agc.org or (703)837-5321.

According to the U.S. Environmental Protection Agency, most states are on target to meet today's Recovery Act deadline for projects receiving federal assistance through the State Revolving Fund (SRF) programs.  Considering the significant lag time due to new "Buy American" requirements and other administrative issues, this is a significant accomplishment. In fact, many states have leveraged EPA dollars with additional SRF funds by a factor of 57 percent. AGC also estimates that EPA Recovery Act dollars ultimately will be leveraged nationally almost 2 to 1, yielding at least $12 billion in projects from the $6 billion allocated to the SRF's under the Recovery Act.States that have not met the February 17 deadline will ultimately lose funds not under contract. On December 24, 2009, the EPA issued a memorandum to Regional Water Management Directors detailing criteria under which EPA would de-obligate Recovery Act funds from states that were not able to meet statutory deadlines. The memo also explained how funds would be reallocated to states that have successfully managed to execute contracts by the February 17 statutory deadline. In order to qualify for "re-allocated" funds, states must submit required information to the EPA with the guarantee that these dollars will be under contract by June 17, 2010.Click here for the EPA memorandum on reallocation of Recovery Act funds.Clean Water ARRA SummaryA total of 1,840 ARRA agreements have been executed for $3,788,956,186, which constitutes 99.5 percent of funds available for projects. Forty-one states have reported that they are 100 percent under contract. States NOT at 100 percent under contract are: Vermont, Delaware, South Carolina, Illinois, Michigan, Ohio, Iowa, Missouri, North Dakota and  Idaho.Of the 1,840 executed agreements:1,828 are under contract totaling $3,754,909,371 (98.6 percent of funds available for projects)1,419 have started construction totaling $3,033,971,067 (79.7 percent of funds available for projects) Click here for the complete CWRSRF ARRA Progress Report Drinking Water ARRA SummaryA total of 1,368 ARRA agreements have been executed  for $1,799,481,351, which constitutes 100 percent of funds available for projects. Seven states report that they are not at 100 percent for all contracts executed - South Carolina, Michigan, New Mexico, Utah, Nevada, Idaho and Oregon.Of the 1,368 executed agreements:1,351 are under contract totaling $1,775,274,351 (99.3 percent of funds available for projects)1,059 have started construction totaling $1,457,471,898 (81.5 percent of funds available for projects)Click here for the complete DWSRF ARRA Progress ReportIt is important to note that a project is listed as "All Contracts Executed" once the last contract funded from the ARRA assistance is fully executed.  A project is listed as "Construction Started" once work has begun on the first contract funded with ARRA dollars.  Because some projects have multiple contracts, a project may be listed as "Construction Started" before it is listed as "All Contracts Executed."For additional information please contact Perry L. Fowler at fowlerp@agc.org or (703)837-5321.