House Votes
To Overturn Biden Admin Joint Employer Rule
EPA Releases $5.8 Billion for
Drinking Water, Wastewater Projects in SRFs
House
Infrastructure Committee Approves Permitting Reform Bills
House Passes Reauthorization
Bill for Business Taxes
EPA Announces
Expanded W/W Infrastructure Pilot Program
Contractors, Come To The 2024
Annual Convention & Exhibit in California!
2024
Washington Summit Dates: May 22-24, 2024
Current NUCA Muster Advocacy
Alerts!
NUCA/PAC:
Going Strong Since 1976
Second Session, 118th Congress
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NUCA Official
Letters To Congress
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Government Affairs Committee
The Newsletter of the NUCA
Governmental Affairs Department
Congress Will
Have To Punt - Again
The House has not acted on any of the pending FY2024
appropriations bills, including the EPA legislation containing a
restoration of the $1.7 billion in State Revolving Funds NUCA has
been advocating for since last summer.
The Congressional calendar is working against the
March 1 and March 8 deadlines imposed by the two chambers in January.
The House returns for formal business next Wednesday, Feb. 28, and
the Senate is facing a constitutional requirement to address the impeachment
of Homeland Security Secretary Alejandro Mayorkas the same week.
However, there is not enough time in the legislative calendar to
properly address these massive funding bills.
It is expected that the House and Senate will be
forced to adopt a short-term stopgap measure late in the following
week, punting this decision to an unknown date in March.
A government shutdown is not expected, given its
negative optics in an election year.
NUCA and other trade associations continue to lobby
Congress, demanding that they address this FY2024 SRF funding
shortfall.
Companies rely upon stable funding for their
projects--Congressional inaction does not help in their resource
planning, especially for costly long-lead items.
NUCA will alert the membership when final action is
taken by Congress on this important issue.
We urge every NUCA member to come to Washington this
May 22-24 for NUCA's Washington Summit and remind their lawmakers of
the lasting importance in their support for this nation's water
infrastructure programs.
NLRB Joint
Employer Rules Take Effect Feb. 26
NUCA has been alerting our members about this pending
regulatory change since last summer. The final rule
changing the NLRB's joint employer rule was released on Oct. 27,
2023, and takes effect Feb. 26.
The final rule now provides that an employer will be
deemed a joint-employer whether they have actual or indirect control
of one or more employee’s essential terms of employment. This is
essentially a return to the prior definition used before the Trump Administration
favorably changed it in 2019 (see story below).
The Final Rule was initially set to take effect on
December 26, 2023, but the Board extended the
effective date to February 26, 2024,
and the Final Rule will only be applied to cases filed after that
date. Lawsuits have been filed against this new rule, and the Senate
is seeking through Congressional action a repeal of the change.
Employers should prepare for the February 26th
effective date by having their current and pending contracts with
third parties reviewed by experienced labor counsel to determine
whether those agreements give rise to a joint-employer relationship
under the new standard. Employers should also consider training
supervisors and managers who interact with third-party contractors on
the new standards.
House Votes To
Overturn Biden Administration Joint Employer Rule
The House passed a
resolution (H.J.Res. 98) on Jan. 12 to
overturn the National Labor Relations Board’s joint employer rule,
giving momentum on Capitol Hill to reject the new regulation under
the Congressional Review Act. NUCA strongly supported this action.
The lower chamber voted 206-177 on a measure to reject
the NLRB rule, which has drawn major opposition from Republicans and
some Democrats on Capitol Hill. The resolution now heads to the
Senate, where a simple majority will be needed for passage. Several
House Democrats joined Republicans in voting for the measure.
However, the president as expected stated in early January that he
will veto this legisation if it reaches his desk.
The NLRB rule, set to take effect Feb. 26, makes it
easier for multiple companies to be jointly liable for labor law
violations and be jointly required to bargain with employee unions.
The Biden Administration rule replaced a Trump-era regulation requiring
companies to have "direct and immediate" control over
workers in order to be considered joint employers, which was favored
by business trade organizations.
Beyond opposition in Congress, the rule also faces a
challenge in court brought by a coalition of business advocacy
groups.
EPA Releases
$5.8 Billion for Drinking Water, Wastewater Projects in SRFs
The EPA announced Feb.
19 that it is releasing $5.8 billion
in funding to upgrade drinking water and wastewater infrastructure
projects around the nation.
The new funding supports EPA’s state revolving funds
(SRF), which are used by the utility construction industry for
federal water infrastructure programs. The funding comes from the
2021 Infrastructure Investment and Jobs Act (IIJA) and was previous
appropriated by Congress. Of the newly announced total, $3.2 billion
goes for drinking water SRFs and $2.6 billion for clean water SRFs,
which help to finance wastewater treatment and stormwater projects.
NUCA strongly
applauds this action, and hopes
that this support by the Administration for needed infrastructure
resources will be continued forward this year and beyond.
House Infrastructure Committee
Approves Permitting Reform Bills
The House Transportation and Infrastructure Committee voted on Jan.
31 to approve legislation to reform
and restore permitting processes under the Clean Water Act. Several
important bills supported by NUCA were passed:
·
The "Nationwide Permitting Improvement Act,"
introduced by Water Resources and Environment Subcommittee Chairman
David Rouzer (R-NC), streamlines the Nationwide Permit (NWP) process
and maintains certainty that regulated entities involved in improving
U.S. energy production, transportation infrastructure, and other
commercial activities have had for years.
·
The "Confidence in Clean Water Permits Act" ensures
that National Pollutant Discharge Elimination System (NPDES) permit
writers do their job in a manner that permittees can rely on, limits
opportunities for frivolous lawsuits, and protects permit holders
that are acting in good faith.
·
The "Water Quality Criteria Development and
Transparency Act," establishes a more transparent procedure for
the development of water quality criteria by the EPA often used for
NPDES permits, which would provide for additional public participation
and limited judicial review.
·
The "Judicial Review Timeline Clarity Act," sets
reasonable judicial review timelines for Clean Water Act Section 404
dredge and fill permits to help ensure reliable and efficient project
authorizations.
"Fixing the broken permitting process used to
build our nation’s infrastructure projects should be a top priority
for Congress," wrote NUCA chief executive officer Doug Carlson
in our media
statement. "Too many of our
industry’s projects run into seemingly endless delays caused by
uncertain timelines, driving up costs. The reform package introduced
by the Transportation and Infrastructure committee majority will
streamline the federal permitting process and deliver predictability
to a project's timelines."
This package now move to the full House for
consideration. NUCA and our members strongly support House and Senate
action on permitting reform legislation and urge passage of a strong
and bipartisan permitting reform package as soon as possible.
House Passes
Reauthorization Bill for Business Taxes
The House passed 357-70
on Feb. 1 the "Tax Relief
for American Families and Workers Act" (HR 7024), a bipartisan
tax reform package that would address several important tax issues
facing our industry, including reauthorizing key expiring provisions
of the 2017 Tax Cuts and Jobs Act.
This important legislation, supported by NUCA and many
other business trade associations, would help construction firms and
their suppliers purchase new equipment and better manage payroll
during the rollout of major federal infrastructure investment, as
well as help encourage investment in research and development,
technology, and help simplify taxes for many businesses.
Specifically, the bill restores Section 174 expensing
for select research & development investments, the EBITDA-based
business interest limitation under Section 163(j), 100% 'bonus'
depreciation under Section 168(k) through the end of 2025, expanded Section
179 small business expensing, and Forms 1099-NEC and 1099-MISC
information reporting relief.
The $79 billion tax relief package cleared the House
Ways and Means Committee by an overwhelming bipartisan 40-3 vote
earlier last month.
The bill now moves to the Senate for action.
EPA
Announces Expanded Wastewater Infrastructure Pilot Program
The Biden Administration said Feb. 13 it would expand a
pilot initiative to 150 additional
communities, up from 11 at its start, to help them get access to
federal wastewater funds.
Radhika Fox, the EPA’s top water official, said the
expanded Closing America’s Wastewater Access Gap Community
Initiative would be geared toward low-income and rural communities.
The program began in 2022 and provides these
underserved communities with technical assistance so that they can
better assess their needs, create plans and apply for funding.
NUCA would also like to note that Bruno Pigott will
succeed Radhika Fox, effective Feb. 28, as the new EPA Assistant
Administrator for Water. Pigott has been actively involved in water
regulations at the state and federal level for more than 20 years.
We wish him much success in this important position.
Send
Our Muster Alert To Your Lawmaker:
Restore
The FY2024 SRF Funding!
The House's existing FY2024 Interior/EPA
appropriations bill still cuts a catastrophic $2 billion from
federal clean water SRF programs.
If this cut goes into effect – and is not reversed,
it could potentially even lead in a few years to the industry’s
State Revolving Funds completely running out of funding!
Use our Muster advocacy email link to tell your U.S.
Senate and House lawmakers to restore this funding to the final
bill! It will only take a minute of your time.
NUCA turns 60 years old in 2024, and we'll be
celebrating throughout the year this important association
milestone. We'll be recognizing the association’s numerous
contributions to the construction industry since our
incorporation on April 11, 1964.
Since the beginning, our association has been
instrumental in promoting the interests of the underground
utility and excavation contracting industry before legislators
and regulators, and has worked tirelessly to secure more funding
for America’s aging underground infrastructure. NUCA’s annual
awards program recognizes the excellent achievements in the
utility construction industry from its contractor members,
industry partners, and national chapters. And since 1970, our
NUCA Conventions have been the top venue for contractors to
network with and meet our many National Partner suppliers,
showcasing their latest equipment, services, and management
products.
Over the past 60 years NUCA has been the strongest
force in improving safety and business conditions throughout the
$152 billion American utility construction industry. We know
you'll want to join us throughout this year in celebrating this
shared achievement. Read more.
2024
Congressional Outlook In UC Magazine
The January/February 2024 Utility Contractor(UC)
magazine's"Inside
Washington" column
features our annual outlook of the year ahead in Congress. NUCA's
governmental affairs vice-president Zack Perconti will share in his
column the battle to secure water infrastructure funding in the
FY2024--and the upcoming FY2025--appropriations bills.
The 2024 elections will also play a large part in
determining what Congress will focus on next year. Perconti reminds
members about NUCA-PAC, the industry's political action committee,
and the importance of being part of select Congressional campaigns
to advance our agenda in the 119th Congress (2025-26).
The May 22-24 Washington Summit will be the best
opportunity we have to directly influence lawmakers before the
campaign season takes off in summer 2024. This department's
incisive "Inside Washington" column appears in each issue
of Utility Contractor magazine, another invaluable NUCA
membership benefit to industry members.
NUCA at 60:
Contractors, Come To The 2024 Annual Convention & Exhibit in
California!
2024 is NUCA's 60th anniversary, and what better way
to celebrate it than at the elegant high desert resort hosting our
NUCA's 2024 Annual Convention & Exhibit?
Member contractors & suppliers are invited to
join us March 20-23 in Palm Springs, California for the industry's
best networking events, educational sessions, industry awards, and
much more. This year's economic outlook expert will be industry
favorite Mark Bridgers, whose sharp and entertaining analysis of
the year ahead will be welcome by contractors seeking to gain an
edge.
The NUCA government affairs committee meeting will
take place Thursday, March 21, at 8:30am. (Please note this is a
new date, time, and location, changed from the December meeting
announcement.) All members are welcome to attend. We will be
discussing the 2024 advocacy agenda, the 2024 Congressional
elections, and our PAC presence in this historic election cycle.
Our luxury destination at the Hyatt Regency Indian
Wells Resort & Spa will entice you and your guest with its many
delights. Our 5th Annual CEO golf tournament benefitting the NUCA
Foundation occurs Wednesday afternoon, opening the Convention's
four days.
Get involved: The 2024
Washington Summit will be held May 22-24, 2024,
headquartered at the famous Hyatt Regency Washington on Capitol
Hill, two blocks away from the U.S. Capitol Building.
Congress must be reminded in 2024 that the water
and wastewater resources allocated through the EPA's State
Revolving Fund programs are a critical component this nation uses
to improve public health, economic strength, job creation, and
your business's success. The FY2025 appropriations process
begins in February 2024, and we need you in Washington to help us
keep these vital federal resources flowing to our projects.
Registration is now open. While Capitol Hill Day and the Summit schedule is
still a work in progress, we want to see you and your
Chapter in Washington next spring!
NUCA
Thanks Our Many National Partners For Their Generous Support Of
NUCA's Washington Summit & Advocacy Programs
Current NUCA Muster Advocacy
Alerts!
Get involved! NUCA encourages each
member to get involved in our association's Congressional advocacy
campaign. And it is very easy to do so: just click on the Muster
title links below to submit a pre-written letter to your own federal
lawmakers about each issue, and let them know what is on your mind!
It will only take a minute, and you can add your own story and
thoughts.
Restore Full SRF Funding in the FY2024 Appropriations
Bill! The House's
existing FY2024 Interior/EPA appropriations bill cuts a catastrophic
$2 billion from federal clean water SRF programs. Tell Congress to
restore this funding to the final appropriations bill!
Support the
LIBERTY Campaign! This grassroots
pro-business campaign supported by NUCA seeks to find common ground
on uncontroversial border enforcement and immigration law reforms
supported by both parties.
Support the
Fair and Open Competition Act (HR 1209/S 537)! This
bill (called FOCA) supported by NUCA will stop government mandated
Project-Labor Agreements (PLAs). It passed out of the House Oversight
Committee on July 12, 2023, on a 22-20 vote, and now heads to the
full House for a vote.
Elections and NUCA/PAC: Going
Strong Since 1976
Get involved! NUCA's
Political Action Committee, NUCA/PAC, continues to be your strong
voice on Capitol Hill - supporting pro-infrastructure policies,
and defending your business against harmful laws and regulations
that can affect your bottom line.
NUCA/PAC enables the American utility construction
industry to approach vital public policy issues by helping to
elect like-minded Members of Congress.
Get engaged in the process by authorizing NUCA/PAC
to share information with you and your employees. Federal law requires NUCA/PAC to first obtain
your written permission to solicit your voluntary contributions.
2022 proved to be an exciting election cycle for
Congress. NUCA/PAC will be more engaged and involved in
2024--let's make our industry's PAC the strongest it can be with
your help.
Record All
Your Jobsite Incidents With Just One App: NUCA WINS
You spoke, NUCA-WINS listened. NUCA-WINS 3.0 is
now available as a low-cost monthly subscription.
New users will now get all the features of the
annual subscription version with no setup fees: Onboarding,
Training, Maintenance, Support, and Updates are all included,
along with the same generous 33% NUCA discount.
Your company will benefit from accurate and timely
reporting, and receive immediate notification in case of any
jobsite incidents. Those NUCA members using the app say they wish
they had it years ago. It's worth checking out.
Congress is in session until February 18, when it will
take a week-long break for Presidents Day. Returning for business on
February 26, it will stay in session until March 22. Congress is
expected to finish final work on the FY2024 appropriations process,
as it is scheduled to begin its work on the FY2025 appropriations
process this month.
Both chambers will take two weeks away from Washington
March 25-April 5 for Easter recess and district meetings. Returning
to work April 8, the next two weeks will see legislative debate
before taking another week-long break April 22-26. Congress will then
remain in session April 29 to May 24, trying to finish up as much
work before the summer election season takes off.
Lawmakers
are seeking to spend as much time in their districts and states to
campaign, as 34 U.S. Senators and all 435 U.S. House members face the
voters on November 5.
It is imperative that this industry reminds Congress
that we depend on two EPA State Revolving Funds to fund water and
wastewater projects desperately needed by American communities.
Please make plans to visit Washington, D.C. in May for our annual
Washington Summit and let your lawmakers know their votes of support
are required for our public health infrastructure projects.
A full House-Senate Congressional calendar for 2024
can be downloaded
here.
February 8, 2024 - Coalition
Letter to President: Rescind LNG Export Restrictions
January 30, 2024 - Support
Letter From NUCA Members: Support Pro-Infrastructure Tax Reform
All formal NUCA correspondence with Congress and
federal regulatory agencies can be found and read at nuca.com/letters.
Sign Up For NUCA
Muster Advocacy Alerts
Get involved! Did you use our
Muster system this month to let Congress know your opinion of their
legislative priorities? If you're a NUCA member, your Washington
government affairs team wants you to be part of our Capitol Hill
advocacy program! NUCA urges you to sign up to receive our Muster
advocacy alerts. These emails will
alert you to pending legislative action where your opinion can make a
difference.
It's easy to sign up via the link below. Use your
personal home address if you can do so, since our online Muster
advocacy program finds your members of Congress via your voter
registration address. But business addresses work just as well to
receive our alerts.
Get involved! If you enjoy
analyzing politics and find the inner workings of Congress and our
industry's legislative program interesting or useful to your
business, why not take the next step and join NUCA's
Government Affairs Committee?
Membership is open to all NUCA members, and we welcome the active
participation of those seeking to make a difference in their
industry, and to help shape NUCA's official policies on legislation.
Help shape the legislative and advocacy program of
your association. Contact NUCA's Vice President of Government
Affairs Zack Perconti
to get started today.