On April 27, the U.S. Environmental Protection Agency (EPA) announced the formation of a new agency council to address per- and polyfluoroalkyl substances (PFAS). In the memo, EPA Administrator Michael Regan also reiterated the agency’s commitment to the 2019 PFAS Action Plan. The chemical can be found in many products, soil, and water. AGC previously supported the 2019 PFAS Action Plan, because it outlined a deliberate approach to review the science and address concerns that arose. The agency is taking action on PFAS under several programs including air, significant new uses, wastewater, drinking water, and Superfund.
We are proud to report that we have had a strong year in 2020 as the contents of our Annual Report - The Power of Engagement - make clear. The digital report catalogues the many accomplishments of AGC of America. In our catalogue of some of the association’s most significant accomplishments, you will see how we work to support the entire construction industry as The Construction Association.

On March 15, the Securities and Exchange Commission (SEC) released a notice for public input on its current recommendations for disclosing climate risks and how it could change or supplement that process in the future. The Commission currently relies on its 2010 guidance to help entities understand how to identify and report on climate risks that could impact investors. Now, the SEC faces considerable pressure to revisit and expand the guidance to include more on material risks and environmental, social, and governance (ESG) factors. The SEC is asking for feedback on 15 topics associated with the regulation of climate disclosures---including how the rules should address private companies’ climate disclosures.
President Biden is expected to put forth his proposal for a multi-trillion investment in infrastructure on March 31. The proposal is expected to include significant investments in a broad range of construction projects including roads, bridges, public transit, airports, drinking water and wastewater, schools, renewable energy, broadband and more. In addition to physical infrastructure, proposal is anticipated to include significant investments in “human infrastructure,” including but not limited to free community colleges, universal pre-kindergarten and paid family leave. AGC welcomes sorely-needed public and private construction investment that can generate long-term benefits for our economy, communities and national security. However, AGC remains concerned about the possibility of unpredictable and impracticable federal requirements being attached to those investments that, in turn, could significantly diminish its buying power and create barriers to full and open competition.

On March 16, bipartisan members of the House Transportation and Infrastructure Committee introduced the AGC- supported Water Quality Protection and Jobs Creation Act of 2021 (HR 1915). The bill would substantially increase federal funding assistance available to states and localities through the Clean Water State Revolving Fund (CWSRF).

In January, President Biden signed executive orders specifically charging federal agencies to focus on environmental regulations, climate change, and environmental justice. In the intervening weeks, the agencies have begun implementing those directives. We are seeing incremental steps taken as the nominees to head these agencies move through the confirmation process. The Senate just confirmed Michael Regan’s appointment to head the U.S. Environmental Protection Agency and hearings for other nominees have recently happened or are being scheduled. Agency activity is expected to increase as more appointed officials take the lead.

The U.S. Department of Interior has proposed to delay the effective date of the Trump Administration’s final rule to decriminalize incidental take (accidental harm) under the Migratory Bird Treaty Act (MBTA) finalized in January. AGC supports the Trump Administration's rule as it provides clarity and relief for industry and private citizens from prosecution for engaging in lawful actions that may result in the accidental injuring or killing of a migratory bird.
On Feb. 3, the Senate Committee on Environment and Public Works held a hearing for Michael Regan on his nomination for Administrator of the U.S. Environmental Protection Agency.
The U.S. Environmental Protection Agency (EPA) will host two information sessions in February on the 2021 Diesel Emissions Reduction Act (DERA) National Grants.
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.