Congressional Democrats in the U.S. House continue to work on legislation that restricts the ability of trade associations and corporations to engage in political advocacy. The legislation H.R. 5175, the Democracy is Strengthened by Casting Light on Spending in Elections Act (DISCLOSE Act), places significant and complicated restrictions on speech in the form of political advocacy while ensuring that these restrictions will not be clarified by regulation before the law impacts the 2010 elections. Unlike past changes in campaign finance law (such as McCain Feingold), the Disclose Act is written to take effect immediately upon passage instead of waiting for the next election cycle and for regulations to be written to clarify compliance requirements.The bill would treat corporations and trade associations differently than labor unions, even though both sides are active in political advocacy. Also, the bill makes significant changes to foreign ownership rules. It gags companies that receive even small government contracts but does not similarly gag unions who represent government employees.AGC opposes H.R. 5175 because of its restriction on free speech and increased confusion of campaign finance laws. The vote has been designated a Key Vote and will be an indicator of support for issues significant to the construction industry. To read the letter AGC sent to Congress this week click here.

Over the past week, AGC PAC has held a series of conference calls with PAC Regions throughout the country.  The calls have created lively discussion concerning the current state of the PAC, PAC fundraising goals, future plans and requests for AGC PAC disbursements, and the 2010 Election. With six of ten conference calls completed, AGC PAC has agreed to invest over $140,000 in candidates - both current members of Congress as well as some challengers.  The PAC budgeted a little over $80,000 in a reserve fund in hopes of raising at least an additional $120,000 for the PAC prior to Election Day.  In an attempt to reach this ambitious goal, AGC PAC has kicked off a new fundraising campaign "$210 in 2010." AGC PAC is encouraging contributors to the PAC to give $210 more dollars in this extremely important election year. Chapter, state and regional PAC Network contacts will receive further information on the campaign in a few weeks.  The PAC will only tap into the reserve funds if that goal is met.  One more conference call will be held this week and three will be held Monday.  A full review of the calls will be available in this newsletter next week.

The new video from AGC's media event last week on the costs of traffic congestion includes comments from Caterpillar Global Paving's Jim McReynolds, member Gary Sauer of Tiller Corporation, Dave Semerad of AGC of Minnesota and Steve Sandherr. AGC's release of the new congestion cost figures garnered significant media attention, with the news covered by the MinnPost and the local Channel 12 News (start at 5:27), as well as the Portland Tribune, New Orleans City Business and NJ Biz, among others.Click here to watch the video.

The U.S. Senate rejected 47 to 53 a motion to proceed to a resolution that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  Six Democrats joined their Republican colleagues in support of the motion.S. J. Res. 26 was introduced by Senator Lisa Murkowski (R-Alaska) in response to EPA's effort to regulate greenhouse gases from motor vehicles that then trigger requirements for emission controls from all other sources, including commercial buildings, industrial facilities, and more.Senators debated over six hours on the resolution with opponents asserting that a vote for the resolution is a vote undermining the science behind climate change and EPA's finding that greenhouse gas emissions endanger public health and the environment, as well as EPA's recent rule to establish motor vehicle fuel economy standards.  Several Senators speaking against the resolution also argued that the resolution is a step backwards in reducing pollution and the country's dependence on oil, and creating "clean energy" jobs envisioned under a carbon constrained economy.AGC is concerned that the Clean Air Act is the wrong tool to regulate greenhouse gas emissions and that to allow EPA to move forward with that approach would delay or stop construction projects nationwide.  AGC sent a letter to all Senators to urge them to support the Murkowski resolution.EPA regulation under the Clean Air Act means more pre-construction permits, operating permits and costly technology control installation requirements for building projects, and puts approval and federal funding for highway and bridge projects at risk.  It also means higher energy costs for businesses and consumers that will affect demand for construction services nationwide, especially in a down economy.The Senate may vote on additional attempts to limit EPA's authority to regulate greenhouse gas emissions.  As an inducement for Democrats to vote against the motion, Senate leaders offered a vote on a proposal to delay EPA regulations by two years.  In addition, efforts may be made to amend EPA's annual spending bill.  Should any future effort pass the Senate, the president would likely threaten any attempt to limit the EPA's authority over this issue in the absence of broader climate change legislation to regulate U.S. greenhouse gas emissions.To see how your Senator voted on the motion to proceed to S.J.Res. 26, click here.For more information, contact Karen Lapsevic at (202) 547-4733 or lapsevick@agc.org.

The U.S. Senate rejected 47 to 53 a motion to proceed to a resolution that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  Six Democrats joined their Republican colleagues in support of the motion.S. J. Res. 26 was introduced by Senator Lisa Murkowski (R-Alaska) in response to EPA's effort to regulate greenhouse gases from motor vehicles that then trigger requirements for emission controls from all other sources, including commercial buildings, industrial facilities, and more.   Senators debated over six hours on the resolution with opponents asserting that a vote for the resolution is a vote undermining the science behind climate change and EPA's finding that greenhouse gas emissions endanger public health and the environment, as well as EPA's recent rule to establish motor vehicle fuel economy standards.  Several Senators speaking against the resolution also argued that the resolution is a step backwards in reducing pollution and the country's dependence on oil, and creating "clean energy" jobs envisioned under a carbon constrained economy.AGC is concerned that the Clean Air Act is the wrong tool to regulate greenhouse gas emissions and that to allow EPA to move forward with that approach would delay or stop construction projects nationwide.  AGC sent a letter to all Senators to urge them to support the Murkowski resolution. EPA regulation under the Clean Air Act means more pre-construction permits, operating permits and costly technology control installation requirements for building projects, and puts approval and federal funding for highway and bridge projects at risk.  It also means higher energy costs for businesses and consumers that will affect demand for construction services nationwide, especially in a down economy. The Senate may vote on additional attempts to limit EPA's authority to regulate greenhouse gas emissions.  As an inducement for Democrats to vote against the motion, Senate leaders offered a vote on a proposal to delay EPA regulations by two years.  In addition, efforts may be made to amend EPA's annual spending bill.  Should any future effort pass the Senate, the president would likely threaten any attempt to limit the EPA's authority over this issue in the absence of broader climate change legislation to regulate U.S. greenhouse gas emissions. To see how your Senator voted on the motion to proceed to S.J.Res. 26, click here.

On June 9, AGC and its coalition partners sent a letter to Senator John Kerry (D-Mass.) and Senator Joseph Lieberman (I-Conn.), as well as the rest of the Senate, expressing concerns over a provision in the American Power Act encouraging the use of Project Labor Agreements (PLAs).The letter states that the undersigned organizations are committed to free and open competition in all public construction markets and believe that publicly financed contracts should be awarded without regard to the labor relations policy of the government contractor. Neither a public owner nor its representative should mandate the use of a PLA that would compel any firm to change its labor policy or practice in order to compete for or perform work on a publicly financed project. The letter also said that it should be up to the contractor to negotiate a PLA on a voluntary basis if the contractor believes it would benefit a particular project. To view a copy of the letter click here.

On Tuesday, voters in Arkansas, California, Georgia's 9th congressional district, Iowa, Maine, Montana, Nevada, New Jersey, North Dakota, South Carolina and Virginia all went to the polls. The day was highlighted by several high profile Senate primaries as voters continue to be unpredictable and their support for "Washington insiders" dwindles. On June 22, voters return to the polls for runoffs in Mississippi, North Carolina and South Carolina. AGC compiled a recap of several races that could have consequences for the construction industry.ArkansasVoters in the Razorback state went back to the polls in a runoff election for the Democrat nomination to face Representative John Boozman (R) in November's Senate Election. The Democratic incumbent, Sen. Blanche Lincoln surprised many pundits in Arkansas and Washington by defeating Lieutenant Governor Bill Halter (D). Halter had the backing of labor organizations who contributed $10 million to defeat Lincoln. Lincoln was targeted because she was one of the only Democrats willing to oppose the Employee Free Choice Act and Card Check, and the election is a defeat for organized labor. Boozman has an 89 percent AGC vote record and Lincoln has a 70 percent record.CaliforniaFormer CEO of Hewlett Packard Carly Fiorina (R) won the Republican nomination and will face Senator Barbara Boxer (D). Boxer has a 40 percent AGC vote record and is the chairman of the Senate Environment and Public Works Committee. The committee will play a large role in the development of climate change and transportation funding legislation. Boxer is in her 3rd term and will likely face the toughest election of her career.There were no surprises in the state's House primaries, but California did host one of the most prominent gubernatorial contests with Former E-Bay CEO Meg Whitman (R) earning the Republican nomination. She will face former governor and California Attorney General Jerry Brown (D) in November.NevadaIn the home state of Senate Majority Leader Harry Reid (D), the Republicans nominated former assemblywoman and tea party-supported candidate Sharron Angle (R) to face Reid in November. Despite the intra-party squabbles, Angle may be able to mount a serious challenge to Reid. During Reid's four terms, he has amassed a 44 percent AGC vote record.South CarolinaSouth Carolina hosted a high profile primary election for the Republican nomination for governor. Forced into a runoff, voters will have to return to the polls on June 22 to choose between state legislator Nikki Haley (R) and Representative Gresham Barrett (R). Haley is the favorite. Representative Bob Inglis (R) faced an intra-party challenge and was also forced into a runoff in the 4th congressional district. Four incumbents have lost primaries so far this year.GeorgiaIn the 9th congressional district voters went to the polls in a special election for the seat that was vacated early this year by Nathan Deal (R), who left to concentrate on his bid for governor. Former State Representative Tom Graves (R) defeated former State Senator Lee Hawkins. Graves will serve the remainder of Deal's term and will run for reelection in November.

The House of Representatives is planning to rush through legislation in the next two weeks that will significantly restrict the ability of trade associations and companies to engage in political advocacy. The bill H.R. 5175 is being labeled a disclosure bill in response to the Citizens United Supreme Court ruling, but it is really focused on keeping government contractors, TARP recipients and companies with more than 20 percent foreign ownership out of the political process. In addition, it seeks to silence trade associations and businesses that plan to publicly announce that they are critical of legislation supported by candidates for federal office.Unlike past changes in campaign finance law (such as McCain Feingold) the Disclose Act is written to take effect immediately upon passage instead of waiting for the next election cycle and for regulations to be written and it treats labor unions differently than it does corporations.The legislation makes changes to the definitions in the Federal Election Law in a way that will have a chilling effect on issue advocacy that is in any way critical of members of Congress. The Senate is gearing up to consider identical legislation.

The U.S. Senate will vote Thursday, June 10 on a resolution that would block the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases under the Clean Air Act.  AGC is concerned that Clean Air Act regulation of greenhouse gases would delay or stop construction projects nationwide.Senator Lisa Murkowski (R-Alaska) introduced the Senate resolution in response to EPA's effort to regulate greenhouse gases from motor vehicles that then trigger requirements for emission controls from all other sources, including commercial buildings, industrial facilities, and more.   EPA regulation under the Clean Air Act means more pre-construction permits, operating permits, and costly technology control installation requirements for building projects, and puts approval and federal funding for highway and bridge projects at risk.  It also means higher energy costs for businesses and consumers that will affect demand for construction services nationwide, especially in a down economy. AGC urges all members to contact their Senators in support of Sen. Murkowski's resolution.  To send a message to your Senators, visit AGC's Legislative Action Center here.

Today 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.