Monthly Archives: September 2019

House Reauthorizes Clean Diesel Funding

September 12, 2019

On Sept. 9, the U.S. House of Representatives voted to reauthorize the AGC-supported Diesel Emission Reductions Act (DERA), which provides incentive to owners to make a smart investment in their purchase of cleaner and often more fuel-efficient vehicles and equipment. 

Administration Rolls Back Federal Overreach in the 2015 Waters Rule

September 12, 2019

On Sept. 12, AGC attended the unveiling of a final rule to repeal the 2015 definition of Waters of the United States (WOTUS) rulemaking. AGC has criticized the federal overreach in the 2015 WOTUS rule, which treated many traditionally state waters as federal -- triggering federal approvals and permits for construction projects.

AGC Joins EEOC EEO-1 Litigation

September 10, 2019

On Monday August 19, the U.S. Department of Justice (DOJ) filed a brief in the U.S. Court of Appeals for the DC Circuit seeking to overturn the district court’s decision from March that reinstated the EEOC’s revised EEO-1 Component 2 form.  On Monday, August 26, AGC —with the help of its Construction Advocacy Fund—joined 13 other associations on an amici brief that explains to the court the problems employers have with the new EEO-1 form; a narrative that was not included in the parties’ briefs. 

NLRB Reverses Precedent, Allowing Property Owners to Prohibit Off-Duty Access by Contractor's Employees

September 6, 2019

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, the Board held that a property owner not involved in an underlying labor dispute may prohibit leafletting and similar protected activity by off-duty employees of a licensee or contractor performing work on the property owner’s premises.  Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to engage in concerted activities (i.e., to act together) for mutual aid or protection.

Administration Finalizes AGC Supported Reforms to Implement the Endangered Species Act

September 5, 2019

The Trump administration has finalized the first steps in AGC supported changes to streamline and modernize the implementation of the Endangered Species Act, which can be unpredictable and add delay and cost to the permitting and construction of infrastructure projects. 

AGC Sends Preliminary Feedback as Administration Looks to Revise Mitigation Requirements

September 5, 2019

In mid-August, AGC prepared written recommendations for the U.S. Army Corps of Engineers as the agency works to review and revise the decade-old Compensatory Mitigation Rule, which addresses mitigation requirements for Clean Water Act (CWA) permits. AGC’s recommendations focus on how the Corps could reduce mitigation uncertainty and inconsistency in the process, increase mitigation banking capacity, and help alleviate some of the delays on projects related to the CWA permit approvals. AGC also encourages the Corps to provide for alternative, programmatic, and multipurpose options for mitigation. 

AGC Provides Comments on DOL Apprenticeship Rule

September 3, 2019

On August 26, AGC of America submitted comments on the U.S. Department of Labor’s proposed rule to establish a new system for government approval of apprenticeship programs that would operate in parallel with the existing registered apprenticeship system.  The new system would provide for recognition of “Industry-Recognized Apprenticeship Programs” through an expedited and streamlined process.  The proposed rule states that the construction industry would not “initially” be eligible to participate in the new system.

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