Reports indicate that not a single electric vehicle charging station has been constructed with the $7.5 billion in federal investment available through the Federal Highway Administration’s National Electric Vehicle Infrastructure Formula Program, threatening the Biden administration’s goal to build 500,000 EV chargers by 2030. The final rule implementing the NEVI Formula Program contained a number of ABC-opposed, union-favoring labor requirements that may be contributing to the program’s stagnation.

FHWA Releases Final Rule on Greenhouse Gas Emissions On Nov. 22, the Federal Highway Administration released its Greenhouse Gas Performance Measure final rule. The final rule requires that state departments of transportation and metropolitan planning organizations—the state entities responsible for transportation infrastructure construction and maintenance—must measure and report GHG emissions associated with transportation. Further, state DOTs and MPOs must set targets for reducing carbon dioxide emission and report on progress toward these targets.

Throughout 2023, ABC has been closely monitoring federal regulatory actions and updating ABC members through the ABC Regulatory Roundup. Several federal rules have gone into effect or are scheduled to go into effect in the near future.

On Nov. 16, the National Labor Relations Board extended the effective date of its final rule on Joint Employer Status Under the National Labor Relations Act from Dec. 26 to Feb. 26, 2024. The new standard will only be applied to cases filed after the rule becomes effective.

On Nov. 7, ABC submitted comments to the U.S. Department of Labor in response to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act.

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

On Oct. 26, 2023, the National Labor Relations Board issued its final rule on Joint Employer Status Under the National Labor Relations Act. Effective Dec. 26, the final rule takes an ax to the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining status. ABC will explore all options to push back on this harmful final rule, including possible litigation.

On Oct. 23, the U.S. Department of Labor’s final rule, Updating the Davis-Bacon and Related Acts Regulations, officially took effect. The regulation imposes drastic revisions to previous rules regarding government-determined prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers.

A survey of ABC contractor members conducted in October 2023 showed that 98% of respondents said controversial prevailing wage and government-registered apprenticeship policies imposed by the Inflation Reduction Act will make them less likely to bid on clean energy projects. The survey gauged ABC members’ responses to a proposed rule issued by the Internal Revenue Service on Aug. 29 that would implement these requirements.

On Oct. 16, the U.S. Department of Labor’s Occupational Safety and Health Administration issued an extension of the comment period for its Worker Walkaround Representative Designation Process proposed rule, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities. OSHA extended the comment period from Oct. 30 to Nov. 13. On Sept. 21, ABC, as a steering committee member of the Coalition for Workplace Safety, wrote to OSHA requesting a 60-day extension. ABC will submit comments in opposition to the rule and ABC members are also encouraged to submit comments on regulations.gov.