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Updated NEPA Regulations Will Eliminate Unnecessary Delays, Reduce Costs for Construction Sector

On July 15, the Council on Environmental Quality issued a final rule on updating and modernizing its National Environmental Policy Act regulations.

Following the issuance of the NEPA final rule, ABC’s Vice President of Legislative & Political Affairs Kristen Swearingen issued the following statement:

“The modernization of these critical regulations will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Construction businesses recovering from the ongoing health and economic crisis caused by COVID-19 will surely benefit from these modifications, which will help reduce costs and speed up project approvals so that hardworking U.S. workers can get back on the job quickly and safely.

“The coordinated, predictable and transparent process to streamline permitting will also enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

According to CEQ’s fact sheet, “For the first time in over 40 years, CEQ has comprehensively updated its National Environmental Policy Act regulations to modernize the federal environmental review process, which will benefit the environment, economy and every American. The regulations, which apply to all federal agencies, have been complex and unnecessarily difficult to understand and navigate. The result has been excessive paperwork, litigation and delays. Environmental impact statements for federal highway projects have averaged over seven years to complete and some reviews have taken a decade or more. The modernized regulations will promote more efficient, effective and timely environmental reviews by all federal agencies.”

CEQ announced it received over 1.1 million public comments from a broad range of stakeholders relating to the regulations.

For further information on the final rule, visit CEQ’s NEPA Modernization page.

Background:

On March 10, ABC joined several other organizations in submitting comments to the CEQ in support of proposed revisions to its regulations implementing the procedural provisions of NEPA.

The coalition letter stated, “We fully support the fundamental goals of NEPA to appropriately consider the potential environmental impacts of federal actions. The coalition believes that CEQ’s proposed revisions refocus federal NEPA reviews on NEPA’s original purpose to facilitate excellent agency action through informed decision-making, accomplished through the same balanced goals as the original 1978 NEPA regulations: to reduce paperwork, to reduce delays, and at the same time to produce better decisions which further the national policy to protect and enhance the quality of the human environment. We urge CEQ to finalize updates to the NEPA implementing regulations to modernize the federal environmental review and permitting process under NEPA, with the goal of increasing infrastructure investment and project development in a manner that strengthens our economy and enhances environmental stewardship.”

On Jan. 9, ABC President and CEO Michael Bellaman and Miller and Long employees Alan Michael Jenkins and James Spencer Johnson joined President Trump at the White House for the announcement of CEQ’s proposed rule. ABC stated, “ABC supports the modernization of these critical regulations and believes that these enhancements will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Creating a coordinated, predictable and transparent process to streamline permitting will enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

ABC is a member of the Unlock American Investment coalition, which says, “Updating NEPA will reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship. Modernizing NEPA is the key to unblocking investments.” 

To learn more, see the coalition’s fact sheet.

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DOL Issues Additional Compliance Guidance for Reopening Workplaces

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DOL Issues Additional Compliance Guidance for Reopening Workplaces

The U.S. Department of Labor’s Wage and Hour Division published additional guidance to address the requirements and protections under several of the laws enforced by the agency as workplaces reopen during the COVID-19 pandemic.

According to a DOL news release, the guidance, which provides information to workers and employers on the requirements of the Fair Labor Standards Act, the Family and Medical Leave Act and the Families First Coronavirus Response Act, features newly added frequently asked questions addressing critical issues under all three laws.

As of July 20, the following questions and answers were added to the FLSA FAQs:

As of July 20, the following questions and answers were added to the FMLA FAQs:

As of July 20, the following questions and answers were added to the FFCRA FAQs:

The guidance is the latest addition to WHD’s compliance assistance materials, which includes a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers resource about paid sick and expanded family and medical leave under the FFCRA. All resources can be used to help America’s workers as they safely return back to work.

Additional resources on COVID-19 and returning to work can be found on the DOL website.

For more comprehensive coronavirus resources, visit abc.org/coronavirus.

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ABC PAC Hosts Meet and Greet Series July 28

ABC’s political action committee is hosting two upcoming meet and greet events featuring Sens. David Perdue (R-Ga.) and Cory Gardner (R-Colo.) on Tuesday, July 28, where ABC members will have the opportunity to hear a real-time legislative and political update. 

Federal law requires members to sign a prior authorization form for the executive or administrative personnel of the member corporation to be solicited by ABC PAC. ABC members can complete the required prior authorization form through the Prior Authorization Online Portal.

Any members interested in the meet and greet must fill out the Prior Authorization Form before they can be sent an invitation. Please reach out to ABC PAC at abcpac@abc.org with any questions.

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ABC Urges Congress to Include Construction Industry in Latest COVID-19 Relief Package

This week, Congress began working on the passage of additional COVID-19 relief for individuals and businesses. Negotiations will largely rely on the ability of House Speaker Nancy Pelosi, Senate Majority Leader Mitch McConnell, Senate Minority Leader Chuck Schumer and House Minority Leader Kevin McCarthy to produce a bill that both sides can agree on and that the president will sign.

Some of the main issues of contention in the package will be additional billions in aid to state and local governments, liability protection for employers and extension of federal unemployment assistance for millions of unemployed Americans.  

ABC is working to ensure that critical priorities for the construction industry are incorporated in the package, including:

  • Targeted liability relief legislation related to the COVID-19 pandemic that would safeguard businesses, nonprofit organizations, educational institutions and healthcare providers and facilities from unfair lawsuits, so that they can continue to contribute to a safe and effective recovery from this pandemic. McConnell said this is necessary for any additional relief legislation.
  • Legislation to ensure Paycheck Protection Program loans are tax deductible. While the IRS has stated that borrowers receiving loans through the PPP are not permitted to deduct normally deductible expenses that were reimbursed by a PPP loan that was forgiven, key lawmakers have pushed back against the IRS claim and introduced the Small Business Expense Protection Act (S. 3612), which would clarify that small businesses can deduct expenses paid with a forgiven PPP loan from their taxes.
  • The expansion of the employee retention tax credit and inclusion of the Jumpstarting Our Businesses’ Success Credit Act (H.R. 6776) in the relief package, which would make a number of targeted improvements to the Employee Retention Tax Credit to better fulfill its goal of keeping workers connected to their jobs during this crisis.
  • The expansion of PPP loans for 501(c)(6) organizations, including ABC state and local chapters, through the inclusion of the bipartisan Local Chamber, Tourism and 501(c)(6) Protection Act (H.R. 6697).This would expand the program to encompass organizations with 300 or fewer employees that operate under section 501(c)(6) of the Internal Revenue Code. The bill currently has 109 bipartisan cosponsors.

Sign up for the ABC Action app to receive alerts on this package moving forward.

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Register Today for the ABC Election Briefing From the RNC

On Thursday, July 30, ABC will continue its Election Briefing Series with an update from the Republican National Committee with special guests Chris Carr, Trump Victory political director, and Elliot Echols, Trump Victory national field director. It will be followed by the South Central Region update on Thursday, Aug. 13.

The ABC Election Briefing Series officially kicked off last Thursday, July 16, with a regional update on the Southeast. The series, powered by the Free Enterprise Alliance, will continue to provide insights into the nation’s ever-changing political landscape and will feature political experts, highlight key races, dive into regional focus areas and much more.

These are events you don’t want to miss, so register today!

The ABC Election Briefing Series is free of charge and reserved for ABC members only. Sponsorship opportunities are available. Please contact Melanie Pfeiffenberger, ABC National Director of Political Affairs, for more information at pfeiffenberger@abc.org.

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OSHA Publishes FAQs Page on COVID-19

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OSHA Publishes FAQs Page on COVID-19

The U.S. Department of Labor’s Occupational Safety and Health Administration published a list of frequently asked questions with tips and guidelines on various topics related to the coronavirus.

According to the OSHA webpage, the questions are grouped by topic, and cover the following:

In addition to OSHA’s FAQs page, the agency issued guidance on limiting workplace exposure to the coronavirus. OSHA also published Guidance on Preparing Workplaces for COVID-19  and other recommendations to educate workers and employers on how to protect themselves and their workplaces during the ongoing pandemic.

For more comprehensive coronavirus resources, visit abc.org/coronavirus.

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The Bottom Line With Anirban Basu – July 14, 2020

Associated Builders and Contractors reported today that its Construction Backlog Indicator rose to 8.1 months in June, an increase of 0.2 months from May’s reading. CBI is down approximately 8% from its June 2019 level. Every region except the Middle States experienced an increase in backlog in June compared to May, according to an ABC member survey conducted from June 20-July 1.

Additionally, the survey indicates that confidence among U.S. construction industry leaders increased regarding staffing levels, profit margins and sales in June. Construction sales and staffing levels are expected to expand over the next six months, while profit margins are expected to decline.

 

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ABC Educates Republican Lieutenant Governors About COVID-19 Impacts on Construction

On July 8, ABC National’s government affairs team delivered a presentation to a group of Republican lieutenant governors on the issues affecting the construction industry during the COVID-19 pandemic. The virtual meeting, which was part of the Republican Lieutenant Governors Association’s annual conference, was attended by more than a dozen sitting lieutenant governors and candidates running for the office in 2020.

Staff members provided an update on the economic conditions faced by the construction industry, ABC’s longstanding commitment to safety and recent policy developments affecting contractors, such as liability protections and the impact of projected budget shortfalls on public contractors. They also discussed construction as an essential industry during the various stages of shutdowns and how ABC and its contractor members remain committed to maintaining jobsite safety as we operate under this new normal.

ABC National has been a longstanding member of the RLGA and other national political groups, which allow staff to interface with elected officials and advance the legislative and political interests of our chapters. Membership in RLGA and four other political groups is funded by the Free Enterprise Alliance.

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ABC Supports the RELIEF for Main Street Act to Support Minority Contractors

On July 9, ABC sent a letter to House and Senate leadership in support of the Recharge and Empower Local Innovation and Entrepreneurs Fund for Main Street Act (S. 3742/H.R. 6907). The RELIEF for Main Street Act, a bipartisan, bicameral bill introduced by Sens. Steve Daines (R-Mont.) and Cory Booker (D-N.J.) and Reps. Kildee (D-Mich.) and Fred Upton (R-Mich.), would provide $50 billion in direct funding to states, cities and counties to help small and minority-owned businesses.

This much-needed funding is intended to ensure that minority-owned small businesses and small businesses in underserved communities have the resources they need to continue operations during the health and economic crisis caused by COVID-19. While the Paycheck Protection Program has served as a critical lifeline for many small businesses in the construction industry, ABC remains concerned that efforts to provide funding through the traditional banking system to many of our minority contractors has fallen short, and it is clear that a different approach is needed to assist these impacted businesses in our communities.

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