Last week, a resolution was introduced in the U.S. House and Senate that would block the National Labor Relations Board's (NLRB) “ambush” election rule under the Congressional Review Act (CRA). The highly controversial final NLRB rule revises procedures in cases where a union files a petition for an election to determine whether it will become the exclusive collective bargaining representative of a unit of workers. The effective date of the rule is April 30, 2012.

On Feb. 21, 2012, AGC submitted comments on the Dec. 9, 2011, Office of Federal Contract Compliance Program’s (OFCCP) notice of proposed rulemaking, which would implement significant revisions of the regulations governing affirmative action requirements for direct federal contractors and their subcontractors with respect to individuals with disabilities as required by Section 503 of the Rehabilitation Act.  AGC fully supports OFCCP’s stated overall goal of increasing employment opportunities for individuals with disabilities. However, AGC believes the requirements of complying with this rule, if implemented, would be extremely burdensome on construction contractors due to the unique nature of the construction industry.

On Feb. 9, 2012, the IRS released guidance and forms that employers may use to claim the newly-expanded tax credit for hiring veterans as outlined in the Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011.   

The Federal Communications Commission (FCC) rejected LightSquared’s plans for a 4G broadband network. The decision was largely influenced by final recommendation from the National Telecommunications and Information Administration (NTIA), which is a joint panel consisting of nine federal agencies.

The U.S. Environmental Protection Agency (EPA) remains committed to developing a first-time, nationwide requirement dictating how much dirt in stormwater can run across active construction sites, and making construction site “operators” potentially liable for penalties under the Clean Water Act (up to $37,500 per day per violation) if the water leaving their sites is too “muddy.” Known as a numeric  turbidity limit,  the EPA is asking for public comments on issues concerning this lurking—but not finalized—mud rule by March 5.

Effective Feb. 16, EPA’s 2012 National Pollutant Discharge Elimination System (NPDES) CGP applies in four states—(1) Idaho; (2) Massachusetts; (3) New Hampshire; and (4)  New Mexico—the District of Columbia; Puerto Rico; all other U.S. territories, with the exception of the U.S. Virgin Islands; federal facilities in four states—(1) Colorado; (2) Delaware; (3) Vermont; and (4) Washington—and most Indian lands and for a few other specifically designated activities in specific states.   

The U.S. Environmental Protection Agency (EPA) recently finalized its 2012 construction general permit (CGP). The CGP applies to and authorizes stormwater discharges from construction projects that disturb one or more acres of land in the areas where EPA is the permitting authority.

On Feb. 14, American Trucking Associations (ATA) filed a petition with the U.S. Circuit Court of Appeals for the District of Columbia asking the court to review the Federal Motor Carrier Safety Administration’s (FMCSA) final hours-of-service rule. ATA pointed out in its lawsuit that the rules that have been in place since 2004 have contributed to unprecedented improvement in highway safety. The lawsuit challenges the steps FMCSA took in changing the rules that do not meet the required legal standards.

The Senate will vote to begin debate on a bipartisan transportation reauthorization bill next week.    It is anticipated that Republicans and Democrats will come to an agreement on what amendments will be voted on when the Senate resumes consideration of the transportation bill, hopefully clearing the path to final passage.

Rumors are circulating on Capitol Hill today that the Republican leadership is considering redrafting the five year surface transportation reauthorization bill and replacing it with a bill of eighteen month duration. A spokesman for House Speaker John Boehner (R-Oh.) acknowledged that a “revamped approach” is being considered. The spokesman also said that Speaker Boehner still intends to link the transportation bill with expanded opportunities for domestic energy production.