AGC Member Testifies Before Small Business Panel on Water and Wetlands Regulation

Trey Pebley, Vice President of McAllen Construction, Inc., of McAllen, Texas, testified Wednesday before the House Small Business Committee on the impact of federal regulation over water and wetlands on small businesses and family farmers.The Committee conducted the hearing to gather testimony on the impact of legislative efforts to remove the term "navigable waters" from the Clean Water Act. Pebley, an elected Trustee of the McAllen Public Utilities Board, explained to the Committee that such a legislative change would fundamentally expand federal jurisdiction under the Clean Water Act to include all waters and wetlands and would increase the need for federal discharge permits (i.e., Section 404 permits). Pebley also expressed concern that a bill called the Clean Water Restoration Act would also extend federal jurisdiction over groundwater, as well as all surface waters. If the bill were enacted, underground contractors, could be required to obtain a federal permit for every project. Pebley reiterated AGC's commitment to water quality and the protection of public health and welfare as builders. However, he continued that the federal reach over waters and wetlands should have a limit and that states and local governments are best equipped to look after their water and land use. To provide the long sought-after clarity that the construction industry needs to comply with the existing complex regulatory process, the U.S. Corps of Engineers and the Environmental Protection Agency should conduct an administrative rulemaking to define crucial terms to delineate federal jurisdiction, Pebley added. Last month, the Senate Environment and Public Works Committee approved its version of the Clean Water Restoration Act, S. 787, with a so-called "compromise" amendment. As the amended legislation would still fundamentally expand federal jurisdiction over all waters and wetlands, AGC opposes the bill. To contact your Senators to oppose S 787, use AGC’s Legislative Action Center. To view a copy of Pebley’s written statement to the House Small Business Committee, click here.