On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an Ҵýapp-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.

On Jan. 7, the Senate confirmed Ҵýapp-backed nominee Jovita Carranza to lead the Small Business Administration (SBA). Administrator Carranza previously served as Treasurer of the United States at the Department of the Treasury under President Trump and served as Deputy Administrator for SBA under President George W. Bush. Prior to these appointments, Administrator Carranza spent 30 years working for the United Parcel Service (UPS). As administrator, she will be a key voice in shaping the administration’s pro-business agenda and advocating on behalf of the nation’s small businesses and contractors.

On Jan. 15, the United States and China signed a modest ‘phase one’ trade agreement, signaling a major first step towards defusing tension in the trade war between the two nations. Under this initial agreement, the Trump administration will reduce the existing tariff rate on $120 billion worth of import goods from China, in addition to upholding its commitment to not impose further tariffs on Chinese goods. Although the agreement rolled back some of the import duties imposed on China, steep tariffs on $250 billion of goods remain. Ҵýapp applauds this initial agreement and will continue to advocate for a further reduction of tariffs to keep construction material cost low and maintain market stability.

On Jan. 16, the Senate overwhelmingly passed (89-10) H.R. 5430, the United States-Mexico-Canada Agreement Implementation Act (USMCA). Senate passage of this legislation clears the way for U.S. ratification of the newly negotiated trade pact between the U.S., Canada, and Mexico. Once President Trump signs the deal into law, Canada’s ratification is the final step before full implementation of the agreement. Ҵýapp has long supported this measure due to the significant economic impact trade with our North American neighbors has on the construction industry. Implementation of this new agreement will help ensure that trade impacting the construction industry supply chain remains free, fair, and certain.

As the year 2019 and Member Lauren McFerran’s term were both about to expire, the National Labor Relations Board (the Board or NRLB) reversed several noteworthy actions taken by the agency during the Obama Administration.
Trump Administration Proposal to Reform the Federal Environmental Review Process Will Fix Problems with Current Process While Maintaining Environmental Rigor, Construction Officials Say

Changes Effective March 16, 2020
Survey Finds Optimism about 2020 along with Even Tighter Labor Supply as Construction Unemployment Sets Record December Low; Association Calls for Government to Boost Career Opportunities, Immigration

On Jan. 9, Ҵýapp urged members of the U.S. House of Representatives to oppose H.R.535, the PFAS Action Act of 2019. The bill, which is expected for a floor vote on Jan. 10, threatens to derail and overwhelm ongoing efforts at the U.S. Environmental Protection Agency (EPA) to study PFAS and develop science-based, protective regulations for specific types of PFAS when warranted. Ҵýapp further expressed its concern that the bill may result in mandates that put construction contractors unnecessarily at risk of Superfund liability on normal, “every day” projects where trace amounts of PFAS may be found in the dirt or groundwater. This bill will open contractors up to risk without specific “Good Samaritan” or innocent contractor provisions to protect them. Ҵýapp also joined other business organizations in a joint appeal to urge a “NO” vote on this measure.

On Jan. 9, the White House Council on Environmental Quality (CEQ) proposed important steps to streamline the National Environmental Policy Act (NEPA) process, which can be a circuitous, time-intensive, and costly environmental review step for many infrastructure projects. Ҵýapp is pleased the proposal appears to set clear timelines for completing reviews as well as clear up ambiguous wording and definitions that have led to litigation and delayed projects over the years – steps recommended by Ҵýapp in the prior comment period.