AGC members and Chapters continue to use the Liquid Assets documentary to raise awareness about national and local water infrastructure needs.  Carolinas AGC, the West Virginia Contractors Association, and AGC of St. Louis have all recently sponsored events in recent months using Liquid Assets to meet with state and local officials, universities and community groups.AGC of America would like to bring attention to the successful use of the Liquid Assets documentary by the CAWV to highlight state and local needs.  Please click here to read an article in the March/April edition of West Virginia Construction news to learn about their successful Liquid Assets campaign.For information about how you can use Liquid Assets to raise awareness in your community, visit www.agc.org/liquidassets.If you would like to receive a copy of Liquid Assets or would like additional information please contact Perry L. Fowler at fowlerp@agc.org or (703) 837-5321.

In January 2009, AGC met with senior officials from the U.S. Department of Transportation's Pipeline and Hazardous Material Safety Administration (PHMSA). At this meeting PHMSA alerted AGC that it intends to announce an Advanced Notice of Proposed Rulemaking (ANPR) to begin soliciting comments on developing criteria for federal enforcement of damage prevention laws in states that are deemed to have inadequate enforcement of damage prevention laws for excavators, utility/facility owners, one-call centers and professional locaters as mandated by the 2006 PIPES Act.  PHMSA has indicated that it will proceed with the ANPR by the end of this month.The objective of the PIPES Act was for states to develop damage prevention programs.  The legislation provides grants to enable states to succeed in one-call enforcement.  Specifically, Section 2 of the PIPES Act established a new grant program to assist states that have or plan to implement comprehensive 9-point damage prevention programs that include civil penalty enforcement by state authorities for violations of their one-call laws.  The grant program is ongoing.  PHMSA has made state damage prevention program grants for calendar years 2008 and 2009 and will make grants for 2010 by the end of 2009.The PIPES Act gives PHMSA limited "backstop" authority to conduct civil enforcement against excavators in a state that has failed to do so effectively if certain conditions are met.  Specifically, section 2(a) of the PIPES Act limits PHMSA's authority to conduct federal civil enforcement actions against "persons who violate that State's damage prevention laws, unless the Secretary has determined that the State's enforcement is inadequate to protect safety, consistent with this chapter, and until the Secretary issues, through a rulemaking proceeding, the procedures for determining inadequate State enforcement of penalties.''If PHMSA determines that direct federal enforcement against excavators becomes necessary in a particular state or states, PHMSA will need to undertake a rulemaking to establish procedures for declaring a state's enforcement inadequate, which is a prerequisite to federal civil enforcement against an excavator (who is not a pipeline operator) in that state.  PHMSA will need to establish procedures for declaring state enforcement inadequate through a rulemaking proceeding, and then find a given state to be inadequate using those procedures, before resorting to federal enforcement in that state. PHMSA's goal is in this process is to minimize the need to declare state damage prevention programs inadequate by working with states to strengthen their own enforcement programs. AGC has been assured that PHMSA will take a balanced approach in the development of enforcement regulations in this rulemaking process and will continue to work with AGC and the Common Ground Alliance (CGA) to ensure that the principles of fairness and shared responsibility are adhered to in the proposed rule. Once the ANPRM is publicly available, AGC will solicit input from members and AGC Chapters. For additional information contact Perry L. Fowler at fowlerp@agc.org or (703) 837-5321.

On April 23, 2009, the Office of Management and Budget (OMB) issued ARRA guidance establishing government-wide guidance and standard award terms for agencies to include financial assistance awards which will impact federally assisted programs, namely grants, cooperative agreements and loans as part of their implementation of the Recovery Act. Ultimately Agencies such as U.S. DOT and EPA will and have released their own guidance for programs based on the OMB guidance. Highlights of the OMB guidance include:Implementation of Section 1512 of the Recovery Act which requires contractors to report on their use of Recovery Act funds - to include jobs created by the funds, jobs retained by the funds, and the total compensation of the top five most highly compensated individuals employed by the contractor and first-tier subcontractors. Reports from contractors for all work funded, in whole or in part, by the Recovery Act shall be submitted no later than the 10th day after the end of each calendar quarter.Implementation of Section 1605 of the Recovery Act which prohibits the use of funds appropriated for the Recovery Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. But, requires that the Buy American requirement be applied in a manner consistent with U.S. obligations under international agreements and provides for waivers under certain limited circumstances.Implementation of Section 1606 of the Recovery Act which requires all mechanics and laborers employed on projects funded directly by or assisted by (in whole or in part) Recovery Act funds to be paid wages at no less than the prevailing rate (as determined by the Department of Labor).The OMB guidance also requires contractors to maintain records that adequately identify the source and application of Recovery Act funds, both at the prime contractor level and subcontractor level.AGC is in the process of soliciting comments from members and is preparing to submit comments on behalf of the entire association by the June 22 deadline. Click here to read the ARRA OMB Interim Guidance.For more information or to share your input on AGC's OMB comments please contact Perry L. Fowler at fowlerp@agc.org or (703) 837-5321.

The Steering Committee of the AGC M&U Division met on May 19, 2009 at AGC’s Capitol Hill Legislative Headquarters in Washington, DC to discuss future activities and priorities of the division.

On May 14, 2009, the Senate Environment and Public Works Committee passed S.1005, the Water Infrastructure Financing Act of 2009 with a strong bipartisan vote of 17-2. The bill authorizes $38.9 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 supports this substantial increase in funding for our nation’s water infrastructure.Several amendments were adopted during the markup process, including adding Davis-Bacon prevailing wages, updating EPA affordability guidance, and authorizing a study on the presence of pharmaceuticals and personal care products in waters of the United States. Largely due to the diligence of AGC and our WIN Coalition colleagues, the bill does not include any Buy American provisions, unlike companion legislation passed by the House of Representatives.AGC and the Water Infrastructure Network (WIN) Coalition will be working to raise awareness and garner support for passage by the full Senate and will be calling on AGC members to contact their Senators and urge support. This is companion legislation to H.R. 1262, the Water Quality Investment Act of 2009, which authorized $19.4 billion over five years in of appropriations for wastewater infrastructure projects, including $13.8 billion for the Clean Water State Revolving Loan Fund (SRF). For additional information please  contact Perry L. Fowler at (703) 837-5321 or fowlerp@agc.org.

ARRA highlights for individual Agency Programs that may be of interest for M&U Contractors.  U.S. Environmental Protection AgencyEPA has released over $3 billion dollars to states for Clean and Drinking Water State Revolving Programs and Water Quality Management Program Grants.  These states should be in the process of applying funds to specific projects according to individual State’s Intended Use Plans. For a listing of State agencies responsible for administering Clean Water SRF funds click here. For a list of State agencies administering Drinking Water SRF funds click here. To view a spreadsheet with State and regional funding outlays click here.Additionally on April 28, 2009 EPA released its final guidance to Water Management Divisions on implementation of “Buy American” requirements in ARRA including how the waiver process for projects will work.  For a complete copy of the 16 page document click here.For additional information visit the EPA Recovery Website.USDA Rural Utility ServiceOn April 28, 2009 Agriculture Secretary Tom Vilsack announced the selection of more than $615.8 million in water and environmental projects that are being funded immediately with federal funds provided through the American Recovery and Reinvestment Act. The projects will help provide safe drinking water and improved wastewater treatment systems for rural towns and communities in 34 states. This represents approximately half of USDA’s funding for rural water projects.  USDA anticipates leveraging ARRA funds to finance almost $2.9 billion in projects.  For a list of projects click here and scroll down to the bottom of the page.A more detailed list of projects may be obtained by contacting Perry L. Fowler at fowlerp@agc.org.In addition to funding water projects the USDA will be administering ARRA funds for rural facilities construction, flood control, watershed projects, rural electricity, and broadband  projects. AGC members and Chapters interested in learning more about potential construction opportunities in these programs should contact their state Rural Development Authority.  To view a list by state click here.Department of InteriorThe U.S. Department of the Interior has published its complete project list which represents $750 million in Stimulus funds.  Projects include but are not limited to new buildings, to HVAC upgrades, energy efficiency projects, wastewater systems, hiking trails, fencing, photovoltaic systems, pipeline replacement, paving and roadwork. Agencies under the jurisdiction of Interior include the Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, U.S. Fish & Wildlife Service and the National Park Service. For a complete listing of projects by State please visit http://recovery.doi.gov/docs/nps/nps_state_projects.pdf. U.S. Army Corps of EngineersThe Army Corps of Engineers has released its list of Civil Works, Construction and O&M projects to be funded by the American Recovery and Reinvestment Act of 2009. The $4.6 billion is distributed in the following program accounts: Operation and Maintenance, Construction, Mississippi River and Tributaries, Formerly Utilized Sites Remedial Action Program, and Investigations.  The full list of projects, which is quite lengthy, is not attached here but can be accessed via the following website:  http://www.usace.army.mil/recovery/Pages/Projects.aspx For additional information  please contact Perry L. Fowler at (703) 837-5321 or fowlerp@agc.org.

OMB & FAR Coucil seeking industry input on interim rules for ARRA projects.On March 31, 2009, the FAR Councils issued a series of interim rules amending the Federal Acquisition Regulation (FAR) in order to implement several key provisions set forth in the American Recovery and Reinvestment Act of 2009.On a finding of "urgent and compelling reasons," the interim rules were issued without any opportunity for prior public comment.  The FAR Councils will, however, take into consideration public comments submitted on or before June 1, 2009 in formulation of the final rule.In order to facilitate a dialogue between AGC members and the government, AGC has set up a special portal located at the AGC Legislative Action Center and highlighted the key issues that must be addressed:Recovery Act - Buy American Requirements for Construction MaterialRecovery Act - Publicizing Contract ActionsRecovery Act - Reporting RequirementsRecovery Act - Whistleblower ProtectionsRecovery Act - GAO/IG Access The Office of Management and Budget (OMB) also issued its own guidance on April 23 establishing Government-wide guidance and standard award terms for agencies to include in financial assistance awards which will impact USDOT and EPA SRF programs(namely, grants, cooperative agreements, and loans) as part of their implementation of the Recovery Act. Public comments are due by June 22:Recovery Act - OMB Interim GuidanceAGC is soliciting comments from members and is preparing to submit comments on behalf of the entire association by the June 1 deadline.For more information on FAR comments for Federal Contracting please contact Marco Giamberardino at giamberm@agc.org or (703) 837-5325.For more information OMB comments regarding federally assisted programs please contact Perry L. Fowler at fowlerp@agc.org or (703) 837-5321.

On April 22, 2009, AGC CEO Steve Sandherr and AGC General Counsel Mike Kennedy met with senior acquisition officials at the Environmental Protection Agency (EPA) to discuss AGC concerns with the Obama Administration’s Executive Order 13502, “Relating to the Use of Project Labor Agreements for Federal Construction Projects,” which rescinded the Bush Administrations’ prohibition on Project Labor Agreements. 

The U.S. Department of the Interior has published its complete project list which represents $750 million in Stimulus funds.  Projects include but are not limited to new buildings, to  HVAC upgrades, energy efficiency projects, wastewater systems, hiking trails, fencing, photovoltaic systems, pipeline replacement, paving  and roadwork.

On April 16, 2009 the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced the recipients of its 2009 State Damage Prevention Grant Awards. The purpose of these grants is to establish comprehensive State programs designed to prevent damage to underground pipelines in States that do not have such programs and to improve damage prevention programs in States. AGC of America participated in the grant review process with the National Association of Pipeline Safety Representatives (NAPSR), the National Utility Contractors Association (NUCA), representatives of State One Call centers, the American Gas Association (AGA), the Interstate Natural Gas Association of America (INGAA), the Association of Oil Pipe Lines (AOPL) and PHMSA.The review team evaluated applications based on the five (5) criteria listed below. The criteria were weighted in the following order: criterion 1 was most heavily weighted, criterion 2 was second most heavily weighted, criteria 3 and 4 were weighted equally and were third most heavily weighted, and criterion 5 was fourth most heavily weighted.(1) Quality of the Damage Prevention Program. The team evaluated the quality of State damage prevention programs against the 9 elements as listed above and in Section 2 of the PIPES Act of 2006.(2) Jurisdiction of Civil Penalty. The team evaluated whether State damage prevention programs have the authority under State law to assess civil penalties for violations of the State’s One Call laws and a demonstrated ability to exercise such authority; or alternatively, a commitment to seek action from the State legislature to obtain civil enforcement authority.(3) Outreach and Participation. The team evaluated whether State damage prevention programs demonstrate a commitment to being inclusive of all stakeholders.(4) Education. The team evaluated whether State damage prevention programs have programs to educate the public and other parties who can benefit from, or who are essential to, the success of the Statewide damage prevention program, including use of the 811 system.(5) Program Performance. The team evaluated whether State damage prevention programs have a means to measure the effectiveness of their programs and disseminate this information to the appropriate stakeholders.Recipients of the 2009 grants include the Arizona Corporation Commission, Utility Notification Center of Colorado, Georgia Public Service Commission, Indiana 811, Kansas Corporation Commission, Minnesota Department of Public Safety, New Hampshire Public Utilities Commission, New Mexico Pipeline Safety Bureau, Dig Safely New York, Inc., Public Utilities Commission of Ohio, Tennessee Regulatory Authority, Railroad Commission of Texas.For more information on PHMSA and what the 2009 recipients plan to do with their grant awards please click here.For additional information contact Perry L. Fowler at fowlerp@agc.org