On Jan. 9, 2013, Department of Labor (DOL) Secretary Hilda Solis announced her resignation from the agency. Since her confirmation in 2009, the DOL has stepped up its regulatory and enforcement activities in a number of different areas. The resignation comes on the heels the Department’s long delayed regulatory agenda. Currently, there is no consensus frontrunner to take the helm at DOL. AGC will continue to monitor the confirmation process of a new Secretary and possible initiatives that could impact the industry.

Massachusetts - Senate Seat Though Sen. John Kerry (D) has yet to begin his confirmation process as Secretary of State, action is already occurring in the upcoming special election to replace him. Rep. Ed Markey (D-Mass.-5) has announced his intention to run and received Sen. Kerry's endorsement, along with endorsements by Vicky Kennedy, wife of the late Sen. Ted Kennedy (D), and the Democratic Senatorial Campaign Committee.  Rep. Mike Capuano (D-Mass.-7) objects to the Democratic establishment lining up behind Markey and has reiterated that he is still considering a run in the race.

Before recessing last week, the House of Representatives passed the first part of the Hurricane Sandy emergency supplemental appropriations bill.  The bill provided $9.7 billion in additional borrowing authority for the National Flood Insurance Program and passed by a vote of 354-67.  The House returns next week and is expected to continue consideration of the remaining Sandy aid bill. The Senate will return from their break the week of January 21 and will take up the bill as their first order of business.

Learn About Recommendations for Legislative and Regulatory Changes to System For over a year, AGC has participated in the National Coordinating Committee of Multiemployer Plans (NCCMP) Retirement Review Security Commission to develop draft recommendations for legislative and other changes to the current multi-employer pension plan system. The Commission has worked to develop these recommendations to ensure that the system provides reliable retirement income to workers while reducing financial risks to contributing employers.

On Jan. 3, AGC sent a letter opposing a government-mandated project labor (PLA) inquiry posted by the Naval Facilities Engineering Command Washington.  NAVFAC Washington sought industry comments on a possible PLA for a project at the National Security Agency site in Annapolis, Md. The job is for the construction of a naval medical clinic.

After nearly four years, Lisa Jackson, the head of the Environmental Protection Agency, has announced her departure from the nation’s top environmental post. Jackson has said she will step down following President Obama’s State of the Union address in January. Jackson, the former commissioner of New Jersey’s Department of Environmental Protection, has often been a polarizing figure to many in the environmental and business communities.

In addition to the Department of Labor, the Transportation Department (DOT) and Environmental Protection Agency (EPA) have released their top regulatory priorities for 2012.  Below is a list of regulations from these two agencies that have the potential to impact the construction industry, if finalized.

At the end of December, the U.S. Department of Labor (DOL) released its 2012 Statement of Regulatory Priorities, commonly known as the regulatory agenda. Initially, the agenda was scheduled to be released last fall, but was delayed presumably due to the November elections.  While agencies often do not adhere to the target dates listed, the agenda is a good indicator of issues the agency wants to  address in 2013, which includes several regulations of concern to the construction industry.  Respectfully, DOL did not announce any new regulations in the newly-released agenda.  However, the agency did provide notice of several updates. 

The Affordable Care Act (ACA) will impact the bottom line of EVERY construction company. As a result, many construction company owners and executives are faced with making some tough choices to help minimize the impact of the new law on business operations. AGC’s upcoming webinar series, The Affordable Care Act: The Impact of Health Care Reform on Your Construction Business, will provide those with a seat at the table the information necessary to make critical business decisions that will affect the company for years to come. 

On Dec. 28, 2012, the Department of the Treasury and the IRS released a notice of proposed rulemaking on the Affordable Care Act’s employer requirements which take effect on Jan. 1, 2014. The proposed regulations are meant to assist employers in complying with the law and will remain in effect until final regulations are released. The majority of the new regulations focus on the key concepts and definitions of “large employer”, “full-time employee”, and “tax penalties”. For a detailed analysis on the regulations from Ernst & Young, click here.