Events and Products
Politics and Policy
On April 4, the U.S. Internal Revenue Service released additional guidance on the Inflation Reduction Act’s energy communities program bonus tax credits, which are in effect in advance of forthcoming proposed regulations that will implement the credits for all taxable years ending after April 4, 2023.
On March 30, the U.S. House of Representatives passed the ABC-supported H.R. 1, the Lower Energy Costs Act, in a bipartisan 225-204 vote, with four Democrats supporting and only one Republican, Rep. Brian Fitzpatrick, R-Pa., opposing the bill.
On March 29, the U.S. Senate passed the ABC-supported H.J. Res. 27, the Waters of the United States Congressional Review Act Resolution, in a 53-43 vote with the support of all Senate Republicans and five Democrats, Sens. Rosen, Nev., Cortez Masto, Nev., Manchin, W.Va., Tester, Mont., and Sinema, Ariz. Four Senators did not vote.
The U.S. Department of Labor’s Wage and Hour Division is hosting an online forum for employers, contractors, workers and other stakeholders on May 2 and 3 from 9 a.m. to 4:30 p.m. CT. The two-day, virtual event will feature panel discussions on compliance with federal laws governing wages and workplace issues, with a specific focus on construction and federal contractors.
On March 29, the U.S. Senate will vote on S. J. Res 7, a joint resolution of disapproval under the Congressional Review Act of the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ 2023 revised Waters of the United States regulation.
On March 24, Michigan Gov. Gretchen Whitmer signed into law S.B. 34 and H.B. 4007, which respectively repeal the state’s right-to-work protections and reinstate prevailing wage requirements for public construction projects. The actions reward labor unions’ substantial financial and political contributions to Michigan Democrats’ unified state governmental control and garnered significant opposition from ABC of Michigan, the wider business community and Republican lawmakers.
In a speech delivered on March 22, the U.S. Department of the Treasury’s Assistant Secretary for Tax Policy, Lily Batchelder, indicated that additional guidance on prevailing wage and apprenticeship requirements for Inflation Reduction Act clean energy tax credits is months away.
The Biden administration continues to roll back Trump-era initiatives and institute new, pro-union policies that challenge our members’ ability to win work. ABC is fighting against these proposed rules and regulations affecting merit shop contractors and is advocating for open competition and free enterprise.
On March 10, ABC submitted comments on the Office of Management and Budget’s proposed revision of its Guidance for Grants and Agreements, urging the agency to consider supply chain impacts, insufficient implementation information and other negative outcomes as it seeks to expand use of U.S.-made construction components. <
The U.S. District Court for the Southern District of Texas issued a ruling on March 19 blocking the U.S. Environmental Protection Agency and Army Corps of Engineers from enforcing a final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States, but only in the states of Texas and Idaho. The ruling, the result
On April 27, the U.S. Department of Labor’s Occupational Safety and Health Administration will hold a virtual meeting of its National Advisory Committee on Occupational Safety and Health Heat Work Group from 2 to 4 p.m. ET. The public can register to attend the meeting. OSHA is not accepting comments or requests to speak. Participants from the public will be in listen-only mode.
ABC recently launched the IRA webpage to assist contractors and developers performing private clean energy projects under the Inflation Reduction Act.
On March 6, the Federal Trade Commission announced that it is extending the comment period for its proposed
On Feb. 27, ABC, along with members of the Waters Advocacy Coalition, penned a letter to the U.S. House of Representatives Transportation and Infrastructure Committee supporting H.J. Res 27, the Congressional Review Act disapproval of the Environmental Protection Agency and Army Corps of Engineers’ 2023 revised Waters of the United States regulation.
On Feb. 16, 24 state attorneys general filed a lawsuit against the U.S. Environmental Protection Agency and Army Corps of Engineers seeking to overturn the final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States.
On Feb. 9, the Office of Management and Budget released a proposed rule to revise OMB’s Guidance for Grants and Agreements. This guidance defines the rules for federal agencies as they distribute funding through grant programs. The revisions would aid implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act.
On Feb. 13, ABC submitted comments to the Federal Acquisition Regulatory Council regarding a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissio
On Feb. 9, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act,” which provides guidance to WHD field staff on how to ensure teleworking employees are properly paid and protected under the FLSA and how to apply eligibility rules under the FMLA.
Recently, federal agencies have taken a number of actions aimed at reducing greenhouse gas emissions in the construction industry. ABC continues to track these initiatives while participating in the regulatory process to ensure that the need to protect our environment is accomplished without imposing unnecessarily costly and burdensome requirements on the construction industry.
On Feb. 2, ABC submitted comments to the National Labor Relations Board opposing its proposed rule on Representation-Case Procedures, which addresses election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which was intended to “better protect employees’ statutory right of free choice on questions concerning representation.”
On Feb. 2, the Federal Trade Commission announced it will host a public forum examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers.
In response to the Defense Industrial Base becoming the target of more frequent and complex cyberattacks from foreign and independent bad actors, the U.S. Department of Defense is expected to release new cybersecurity regulations in 2023 designed to enforce protection of sensitive federal contract information and controlled unclassified information that is shared by the DOD with
On Jan. 31, the U.S. House of Representatives passed H.R. 497, the Freedom for Health Care Workers Act, by a bipartisan vote of 227-203. ABC supported the legislation, which would eliminate the Biden administration’s COVID-19 vaccination mandate on health care workers and repeal the Centers for Medicare & Medicaid Services health care staff vaccination rule that continues to affect ABC members who perform construction work at health care facilities. ABC provided a statement in support of the bill ahead of passage.
The Regulations from the Executive In Need of Scrutiny Act of 2023, or REINS Act, was recently reintroduced to the U.S. House of Representatives by Rep. Kat Cammack (R-Fla.). The bill, which would require every new “major rule” proposed by federal agencies to be approved by both the House and U.S. Senate before going into effect, currently has 179 Republican co-sponsors.
On Jan. 19, the U.S. Environmental Protection Agency announced opportunities for public input on new programs funded by the Inflation Reduction Act that affect states, developers and builders. The IRA, opposed by ABC, was signed into law on Aug. 16, 2022.