On January 20, President Biden released a legislative proposal to reform the nation’s immigration system. The proposal is separate from presidential actions halting construction of the southern border wall or preserving and fortifying Deferred Action for Childhood Arrivals (DACA). The DACA program had been under considerable attack from the Trump Administration and in the courts. The EO attempts to provide greater certainty while Congress makes permanent changes. The other important program to the construction industry, Temporary Protective Status (TPS) program, is in less urgent need of executive action as it was previously extended through October 4, 2021 by the Trump Administration. There are more than 100,000 construction workers estimated to work in the industry with the TPS and DACA programs.

As part of his approach to addressing climate change, President Biden signed an executive order that directs a pause on entering into new oil and natural gas leases on public lands or offshore waters, as well as a rigorous review of existing leasing and permitting practices related to fossil fuel development and doubling renewable energy production from offshore wind by 2030. The order does not immediately affect the substantial number of leases entered into during the Trump administration. While AGC and its members look forward to new clean energy construction market opportunities, the association remains concerned about impacts to traditional energy markets and its members who perform that work.

In a January 27 Executive Order, President Biden initiated steps to mobilize the entire federal government to address climate change from every sector of the economy – and to motivate states and other countries to do the same. The EO falls short of declaring a climate emergency; however, it tasks the federal agencies to make and act on recommendations related to climate policies, environmental justice, labor, national security, energy, and conservation.

On January 21, President Biden issued an executive order (EO) calling on Occupational Safety and Health Administration (OSHA) to issue revised COVID-19 guidance to employers by February 4. In addition to issuing revised guidance, OSHA must consider if an emergency temporary standard (ETS) is necessary, including the necessity for masks in the workplace. If an ETS is deemed necessary—which AGC expects OSHA to do—the agency must issue the standard by March 15. The EO further directs OSHA to launch a national emphasis program (NEP) to focus enforcement efforts on COVID-19 violations in workplaces that place large numbers of workers at risk and to respond to any retaliatory practices undertaken by employers, work with state OSHA plans to ensure that workers in those states are equally protected consistent with OSHA’s guidance and ETS, and to conduct outreach campaigns to inform workers of their rights. In addition, the EO puts forth a similar process for a COVID-19 ETS to be considered and issued by the Mine Safety and Health Administration (MSHA) as soon as practicable. AGC is engaging with these agencies to ensure the construction industries’ concerns are addressed.

Regulatory Implementation Will Not Occur Overnight

On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.

Texas and Vermont Have Worst February-December Losses While Virginia and Alabama Add the Most; Arizona, Delaware Have Worst One-Month Job Losses As California, New Hampshire Top Other States

2020 was a rough year for networking events. After the CLC of Middle Tennessee’s “Ugly Christmas Mask” holiday event was cancelled due to city health regulations, they thought they were done for the year. But then the call came from the Ronald McDonald House of Nashville. The staff at the Ronald McDonald House of Nashville wanted to “Light up the House” for the holiday season. These families were under an extremely strict quarantine with their children in local hospitals. The staff wanted to bring some extra holiday cheer to their hearts. They immediately called the Construction Leadership Council and asked if volunteers would come out and decorate the main entrance of the House with family friendly holiday décor. CLC happily partnered with them, Lumenate, and the local News Channel 2 to help raise money and decorate the House.

Despite restrictions to in-person gatherings during the 2020 holiday season, the General Building Contractors Association’s (GBCA) Construction Leadership Council (CLC) still found a way to support Philadelphians in need and provide some much-needed holiday spirit. In 2020, the CLC moved its holiday fundraising activities predominantly online.

Jolsna Thomas has over 14 years of experience in the construction industry originally focused on the law and then she branched into the areas of business development, marketing, sales, and nonprofit work. Thomas serves as Business Development Manager for Rosendin Electric, Inc., one of the largest employee-owned electrical contractors in the United States. In addition to leading Business Development efforts in Texas, she serves on Rosendin’s Diversity, Equity, & Inclusion Committee and is President of The Rosendin Foundation, its 501(c)(3) charitable foundation. Thomas serves on the AGC of America Business Development Forum Steering Committee as well on the board of directors for the Real Estate Council of Austin, Austin Convention Enterprises, Inc., and South Asian Bar Association of Austin.