On Feb. 17, the newly revised 2022 construction general permit (CGP) for stormwater discharges from construction activities took effect. The CGP applies to operators of construction sites in a few areas where the U.S. Environmental Protection Agency (EPA) is the NPDES (National Pollutant Discharge Elimination System) permitting authority. More importantly, NPDES authorized states that oversee their own stormwater permitting programs use it as a model for their permits. AGC supports the use of general permits as an effective tool to streamline the permit process and reduce administrative burdens for those projects with minimal impact. (Individual permits are available for larger-scale impacts.) AGC engaged in significant outreach with the agency to discuss ways to improve the permit. And although the permit has new requirements that can add cost for permittees, such as turbidity “benchmark” monitoring for dewatering discharges to sensitive waters, the agency sought to provide clarity on several points where AGC members have demonstrated to them confusion with the previous permit.

Over the past two months, AGC of America, working with a coalition of other industry stakeholders, has worked with Congress to pass an extension of the Employee Retention Tax Credit (ERTC) through the fourth quarter of 2021. The ERTC was originally extended to run through the end of 2021 but was retroactively repealed for the fourth quarter after passage of the Infrastructure Investment and Jobs Act (IIJA), to expire after September 30. Because of the delay in passing IIJA some construction firms already claiming the credit in October 2021 face a potential tax penalty when they file their 2021 tax returns as a result.

Joins the Growing Chorus of Bipartisan Opposition to the Memo

Earmarks Also Set to Return after a Decade Hiatus

Full-year Bill Would Include Funding for New Infrastructure Programs

Good legal writing is simply good writing. Construction contracts written in legalese confuse rather than clarify performance expectations. “Gotcha clauses” buried in a contract leads parties to distrust one another. ConsensusDocs standard construction agreements are written in clear and concise language. This helps the parties understand, administer, and interpret the contract. One distinguishing feature in ConsensusDocs is the integration of the general terms and conditions into the agreement. This allows parties to complete an agreement with one document instead of two, which has many benefits.

On February 22, the U.S. Department of Transportation’s Maritime Administration (MARAD) announced nearly $450 million in newly available grant funding for port-related infrastructure projects through the Port Infrastructure Development Program (PIDP).