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August 11, or 8/11, serves as a reminder to everyone of the importance of the 811 "Call Before You Dig" message.  Excavation must be performed safely every time, as striking a buried utility line can have serious, even fatal, consequences.
August 11, or 8/11, serves as an important reminder to everyone of the importance of the 811 "Call Before You Dig" message.  A recent report released by the Common Ground Alliance (CGA), the leading association dedicated to protecting underground utility lines and the safety of the people who dig near them, indicated an underground utility line is damaged during digging projects once every three minutes in the United States. That same report found that 34 percent of underground utility lines are damaged because the free 811 phone call was never made, resulting in more than 60,000 unintentional hits annually.Excavation safety is first and foremost a safety concern, and striking a buried utility line can have serious, even fatal, safety consequences. One free call to 811 can help protect excavators as well as save contractors and their customers time and money. Striking a single line can cause injury, repair costs, fines and inconvenient outages. Every digging project, no matter how large or small, warrants a call to 811. Installing a mailbox, building a deck and planting a tree are all examples of digging projects that need a call to 811 before starting. When calling 811, homeowners and contractors are connected to their local one-call center, which notifies the appropriate utility companies of their intent to dig. Professional locators are then sent to the requested digging site to mark the approximate locations of underground lines with flags, spray paint, or both. The depth of utility lines can vary for a number of reasons, such as erosion, previous digging projects and uneven surfaces. Even when digging only a few inches, the risk of striking an underground utility line still exists.AGC and its stakeholder partners within the Common Ground Alliance have been on the forefront of promoting the Call 811 campaign and its message of excavation safety and underground damage prevention. AGC will continue to set the bar high for all involved in this effort.For more information about 811 or your one-call center, click here.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org

The enormous investment gap in water infrastructure has caused many in the private sector and Congress to re-evaluate traditional funding and seek out infrastructure financing alternatives. A recent EPA Clean Water Infrastructure surveyverified EPA estimates exceeding $600 billion over twenty years for clean water and drinking water combined.  AGC of America and the WIN Coalition have been steadfast supporters of the "Trust Fund" concept in H.R. 3202, the "Water Protection and Reinvestment Act of 2009," because it would provide deficit neutral dedicated and sustainable revenues for water infrastructure while continuing to capitalize state SRF programs.  Other legislative efforts, such as removing the cap on Private Activity Bonds, have also been promoted by AGC and others as a way bridge the gap by providing more access to private capital.The GAO recently issued a report to the House Transportation and Infrastructure Committee titled "Wastewater Infrastructure Financing: Stakeholder Views on a National Infrastructure Bank and Public-Private Partnerships." AGC was one of 23 national organizations surveyed for the report, which is inconclusive regarding alternative project financing, but demonstrative of the varying views in the water infrastructure community. While the study does not make any specific policy recommendations it is another insightful look at additional water infrastructure financing options.To view the reports please visit http://www.gao.gov/products/GAO-10-728. For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

On Thursday, July 29, the House passed H.R. 5320, the Assistance, Quality, and Affordability (AQUA) Act of 2010 by a voice vote.  This legislation amends the Safe Drinking Water Act to reauthorize and increase funding for the drinking water state revolving fund (SRF) for FY2011-FY2013. H.R, 5320 authorizes $4.8 billion over three years for the U.S. Environmental Protection Agency's Safe Drinking Water State Revolving Loan Fund (SRF) Program, which provides federal financial assistance to states for the construction of drinking water infrastructure. This is a key development in AGC's and the WIN Coalition's efforts to reauthorize the EPA SRF programs.AGC of America sent a letter to Congress supporting the overall bill withstanding the inclusion of the Recovery Act "Buy American" requirements. Key changes to current policy in the legislation in addition to higher authorization levels include policies applied to EPA Stimulus funds including "Buy American" requirements for iron, steel and manufactured goods, and application of Davis Bacon prevailing wages. Another key change in the legislation includes applying requirements for qualifications based selection criteria (QBS) for Architecture and Engineering services with an exemption for communities of 10,000 people or less.Other policy changes include:Revising provisions concerning state intended use plans for SRF funds, including by requiring plans to give priority for the use of such funds to public water systems affected by a new national primary drinking water standard and serving disadvantaged communities.Providing guidance, tools, methodologies or computer software to assist small systems in undertaking measures to improve the system's management, financial stability and efficiency or to reduce the system's environmental impact.Prohibiting the use of lead pipes, solder and flux do not apply to pipes, pipe and plumbing fittings, and fixtures (pipes) that are used exclusively for non-potable services.Revising the definition of "lead free" to mean not containing more than 0.2 percent lead when used with respect to solder and flux and no more than a weighted average of 0.25 percent when used with respect to the wetted surfaces of pipes.AGC of America and the WIN Coalition continue to work with key Senate stakeholders to get companion legislation S.1005, which authorizes $39.191 billion for the Clean Water and Drinking Water SRF program over five years, to the floor of the Senate for a vote before the 111th Congress finishes the legislative session.For more information, contact Scott Berry at (703)837-5368 or berrys@agc.org

AGC sponsored and participated in a briefing on Capitol Hill in an effort to educate staffers on the Clean Water Trust Fund (H.R. 3202). A Clean Water Trust Fund will protect vital sources of drinking water and fragile watersheds, including the nation's great water bodies, enhancing the health and security of citizens nationwide. EPA's most recent needs surveys estimates nationwide needs for drinking water and wastewater improvements at over $600 billion. With a rate of 28,500 jobs per billion spent, projects across the country would spur economic growth, create jobs and improve the environment and public health.In a packed room of over 100 staffers, Shirley Franklin, former mayor of Atlanta that was also feature in Liquid Assets, explained the challenges faced by big cities that need to service large numbers of people with outdated and aging water systems. The audience also heard about the challenges faced by small towns forced to shoulder the debt burden from the mayor of Buhl, Idaho, Tom McCauley. They heard about the state of the construction and equipment industries from AGC and United Rentals and the environmental benefits from the National Wildlife Foundation. Finally, staffers heard an impassioned appeal for water and wastewater infrastructure from the D.C. Water and Sewer Authority.AGC has been on the forefront of advocating for a Clean Water Trust Fund that would be deficit-neutral, financed by user fees, and help counteract the steady decline in federal investment in water and wastewater infrastructure. AGC will continue to garner support in the House for this important legislation.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

AGC has compiled a new resource for all things Buy American on its website. The new page describes the differences between "Buy American," "Buy America," and the Recovery Act Buy American provisions.The page also catalogues AGC's standing policy of opposition to expansion of the Buy American Act, a description of the Recovery Act rules and regulations governing the Recovery Act Buy American provisions (both for direct-federal and federal-aid work), AGC's analysis of several key provisions of the rules and regulations, and a catalogue of waivers guidance from agencies that have construction portfolios. This valuable new comprehensive resource is located at www.agc.org/buyamerican and will be updated on an ongoing basis as new information is released from the agencies.For more information, contact Scott Berry at (703)837-5368 or berrys@agc.org.

The AGC-sponsored Common Ground Alliance (CGA) testified before the House Subcommittee on Railroads, Pipelines, and Hazardous Materials on the subject of Pipeline Safety Awareness and Education.The Pipeline Safety Improvement Act of 2002 required each owner or operator of a gas or hazardous liquid pipeline facility to carry out a program to educate the public on the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release may have occurred, what steps should be taken for public safety in the event of a pipeline release, and how to report such an event. The program also had to educate the public on the use of a one-call notification system prior to excavation and other damage prevention activities.CGA president Robert Kipp described CGA's public awareness and education programs, most notably the 811 nationwide call before you dig telephone number.  AGC continues to work with its stakeholder partners within the CGA to create the industry gold standard for damage prevention.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

This week, EPA released its cumulative annual report for the Clean Water State Revolving Loan Fund, which details many of the programs successes since its inception. According to the report, since the first project received financing in 1988, the program has provided over $74 billion in assistance for eligible wastewater infrastructure, nonpoint source and estuary projects. By the end of FY09, states had entered into almost 24,700 assistance agreements.The report goes on to describe FY09, where over $5.2 billion in assistance was delivered through 1,971 assistance agreements. Two-thirds of the agreements were with communities with populations below 3,500. Over 1,300 nonpoint source loans were funded with $167.5 million.For every dollar provided by the federal government to the fund, states contribute 20 cents. Together, federal and state governments have capitalized the fund with $32.4 billion, with an additional $4 billion appropriated by Congress through the American Recovery and Reinvestment Act of 2009. Over the past 22 years, the 51 programs have been able to turn the $32.4 billion of federal and state capitalization into $73.6 billion in assistance for communities (not including ARRA). Responsible fiscal management and the revolving nature of the program have resulted in a remarkable return on federal investment. As of FY 09, for every federal dollar invested, $2.53 has been disbursed to eligible wastewater and nonpoint source projects across the country.AGC is working diligently to move the reauthorization of this highly successful program through Congress and will continue to fight for its capitalization.For more information, contact Scott Berry at (703) 837-5368 or berrys@agc.org.

More progress on the Buy American front this week as yet another agency recognized the complex impact these Recovery Act rules have on projects. The Indian Health Service (IHS) issued a nationwide di minimis waiver for incidental components of sanitation facilities construction projects funded by ARRA.As with the di minimis waivers in place from EPA and USDA, the waiver covers components that are incorporated into the project, yet cumulatively comprise no more than a total of 5 percent of the total materials used in a project. For many of these incidental components, the country of origin and the availability of alternatives is not always readily or reasonably identifiable prior to procurement in the normal course of business; for other incidental components, the country of origin may be known but the miscellaneous nature of the products in conjunction with their low cost (both individually and procured in bulk) characterize them as incidental to the facility or project.The majority of the services sanitation facilities projects are in remote locations. The service argued that a disproportionate cost and delay would be imposed on projects if they did not issue this waiver.  IHS said it would be inconsistent with the public interest to apply the Buy American requirement to incidental components.  AGC last year urged agencies like HIS to issue di minimis waivers to avoid costly delays caused by the stimulus' Buy American provisions.Also on the Buy American front is a pair of new waivers from the EPA. These waivers are unique in that they are retroactive, applying to materials that were already put in place, rather than requesting a waiver for the purposes of moving forward with construction. Waivers for two cities in Washington State, Richland and Bridgeport, were requested under the public interest section of the waiver authority. Neither waiting for domestic suppliers nor pulling out previously installed goods was deemed in the public interest because of unacceptable delays and cost overruns on these projects. AGC supports the waivers and will continue to monitor progress on this front.

The U.S. EPA unveiled is 2008 Clean Watershed Needs Survey (CWNS).  The report identifies projected investment needs in excess of $298.1 billion for clean water infrastructure over the next 20 years for individual states.This total represents a 17 percent increase over EPA's 2004 study.  Combined with the latest Drinking Water Needs Survey released in March of 2009, the EPA has identified roughly $632.9 billion in total water infrastructure capital investment needs over the next 20 years.Categories representing the largest segment of needs include:secondary treatment;  advanced treatment; replacement and rehabilitaion of sewers; and addressing Combined Sewer Overflows(CSO).AGC will conduct additional analysis of the new report and share the data with our members.  This increase in the national needs supports AGC's request for additional funding for drinking and wastewater infrastructure. To learn more about water infrastructure needs and related legislation, please visit www.agc.org/water.To read a complete copy of the report, click here.For additional information, contact Perry Fowler at fowlerp@agc.org or (703)837-5321.