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It's Appropriations Season!
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July 2024
Appropriations Season Begins With Renewed Fights Over Water Funding
"Chevron" SCOTUS Decision Means Lawmaking Changes Ahead
OSHA Releases Heat Injury and Prevention Rulemaking
NUCA Government Affairs Committee Meetings
Political Conventions This Month And Next
EEOC Releases Anti-Harassment Guidelines For Contractors
House Committee Approves Bipartisan WRDA Act
Oversight Committee Hearing On PLAs
USDOT RAISE Infrastructure Grants Announced
Federal Court Blocks USDOL's New Overtime Rule in Texas
OSHA Changes Regional Map, Names & Numbers
Current NUCA Muster Advocacy Alerts!
NUCA/PAC: Going Strong Since 1976
Second Session, 118th Congress Schedule
NUCA Official Letters To Congress
Sign Up For NUCA Muster Advocacy Alerts!
Join NUCA's Government Affairs Committee
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The Newsletter of the NUCA Governmental Affairs Department
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Appropriations Season Begins With Renewed Fights Over Water Funding
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House Republicans continue to advance spending bills with deep cuts to federal spending ahead of the August recess – but in a possible sign of progress, proposed infrastructure spending cuts are significantly lower than those initially put forward in 2023.
On July 9, the House Appropriations committee advanced along party lines a FY2025 spending bill which would cut the EPA’s budget by 20%, a decrease of $1.8 billion.
Unfortunately, the legislation contains significant problems. Under the proposal, the Drinking Water SRF is slated to receive $883 million (down from $1.126B in FY2024) and the Clean Water SRF $1.203B (down from $1.126B). Earmarks remain an issue, with the proposal allocating $1.033B out of the
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total of $2.086B to 895 drinking water, wastewater, and stormwater projects nationwide.
The full House is expected to vote on the measure the week of July 22. It is not expected to become law in its current form, and negotiations with the Senate and the White House will have to take place before any spending agreement is reached.
It is worth noting that the FY2024 appropriations process outlasted 2023, and with Election 2024 ongoing it is possible that we end the year under a Continuing Resolution keeping funding flat until 2025.
More here.
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"Chevron" SCOTUS Decision Means Lawmaking Changes Ahead
The U.S. Supreme Court on June 28 overturned a long-standing legal doctrine called Chevron Deference, which required judges to defer to an agency’s interpretation when it comes to regulations about laws that are ambiguous. The decision states that judges should give that deference only when Congress explicitly says an agency can make its own decision.
The high court ruling will spark more litigation over regulations, but also scramble the lawmaking process on Capitol Hill. The court's opinion supplied no guideposts for Congress to follow, meaning some in Congress may push for greater specificity in lawmaking, while others may prefer broader language to give courts power to limit an agency’s reach.
This significant decision will affect environmental and many other regulations in ways not yet contemplated by industry advocates, policymakers, and others in D.C. NUCA and many others in Washington are studying this monumental decision and how it will change how business in done on Capitol Hill and in the trenches.
More here.
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OSHA Releases Heat Injury and Prevention Rulemaking
OSHA released on July 2 its proposed standard for heat illness and injury prevention for indoor and outdoor settings. OSHA also included on its rulemaking webpage a two-page fact sheet summarizing the standard and the full text of the proposed rule.
Elements of the OSHA proposal include:
1) Training requirements for supervisors, heat safety coordinators, and employees.
2) Developing and implementing a work site heat injury and illness prevention plan (a written plan must be created for employers with more than 10 employees).
3) An initial heat trigger with a heat index of 80°F (or equivalent wet bulb globe temperature). Requirements for employers include providing drinking water, break areas for indoor and outdoor work sites, acclimatization of new and returning employees, paid rest breaks if needed, and more.
4) A high heat trigger with a heat index of 90°F (or equivalent wet bulb globe temperature). Requirements for employers include a minimum 15-minute paid rest break at least every two hours, warning signs for excessively high heat areas, and more.
5) Two different options for acclimatization procedures for new and returning workers; and additional recordkeeping requirements.
NUCA and the Construction Industry Safety Coalition (CISC) asked for OSHA for carve-out for specific construction activities, but these were not included in this draft. NUCA and CISC are drafting a response to this OSHA rulemaking notice and will respond in the 120-day comment period open to the public once the rule is officially published in the Federal Register.
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NUCA Government Affairs Committee
Meetings: In Person and Virtual
The next in-person NUCA Government Affairs Committee meeting will take place at the Fall Board of Directors Meeting in Savannah, Georgia, November 6-8, 2024. All members are welcome to attend.
Committee members can participate in the monthly online meetings. Please email the Government Affairs office or NUCA's Zack Perconti for more information about these meetings and their logon details at zackp@nuca.com.
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Political Conventions This Month And Next
The 2024 elections are well-underway across the nation and within our two major political parties. The Republican National Convention opens next week, July 15-17, in Milwaukee, Wisconsin, and the Democrat National Convention following in a month, Aug. 19-21 in Chicago, Illinois.
While NUCA does not take a candidate position in presidential contests, our NUCA-PAC has been already involved in several Congressional campaigns in the 2024 election cycle, lending support to incumbents and candidates who support this nation's utility construction industry.
See our NUCA-PAC section below for more information about our association's almost half-century-old political action committee.
Election Day is Tuesday, November 5.
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EEOC Releases Anti-Harassment Guidelines For Contractors
The Equal Employment Opportunity Commission (EEOC) on June 17 released a guide to help construction executives prevent and address harassment in the construction industry. “Promising Practices for Preventing Harassment in the Construction Industry” is part of the EEOC’s program to address bias within the building sector.
The agency's documents stated it wants to ensure that the flood of federal dollars in the Infrastructure Investment and Jobs Act and CHIPS and Science Acts aren’t perpetuating a pattern of discrimination, EEOC Vice Chair Jocelyn Samuels told leading industry publication Construction Dive in a late June interview.
More here.
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House Committee Approves Bipartisan WRDA Act
The House Transportation and Infrastructure (T&I) Committee approved June 26 the "Water Resources Development Act" (WRDA), legislation that authorizes the U.S. Army Corps of Engineers for develop and construct projects to improve the nation’s ports and harbors, inland waterway navigation, flood and storm protection, and other aspects of this nation's water resources infrastructure.
WRDA (HR 8812) was introduced in the House by T&I Chairman Sam Graves (R-MO), Committee Ranking Member Rick Larsen (D-WA), Water Resources and Environment Subcommittee Chairman David Rouzer (R-NC) and ranking member Grace Napolitano (D-CA). This bill is strongly supported by NUCA. The committee has developed and passed WRDA legislation on a bipartisan and biennial basis since 2014. It now moves to the House for a full vote.
More here.
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Oversight Committee Hearing On PLAs
The House Oversight subcommittee on cybersecurity and information technology held a hearing June 28 on project labor agreements (PLA). Subcommittee members discussed how the Biden Administration’s mandate that firms doing federally-contracted construction work enter into PLAs discriminates against the majority of construction workers and firms. Members also highlighted how this administration is using the federal contracting process and taxpayer dollars to intervene in employee relations at private construction firms, instead of enabling fair and open competition for federal contract work.
NUCA supports the passage of the "Fair and Open Competition Act" (FOCA; HR 1209/S 537), which will stop government-mandated PLAs. FOCA would ensure government-funded contracts are not subject to PLA mandates. This legislation ensures that all contractors have a fair opportunity at competing to rebuild America and will allow all utility construction contractors, including small, women, and minority-owned businesses, to have a fair opportunity at competing to rebuild America.
More here.
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Federal Court Blocks USDOL's New Overtime Rule in Texas
A federal court in Texas dealt a blow to the Biden Administration’s expanded overtime rule on June 28, shortly before it was set to take effect on July 1. Federal Northern Texas District Court Judge Sean Jordan temporarily barred USDOL from enforcing the new overtime rule finalized in April on the grounds that the agency’s design is overly reliant on workers’ salary levels rather than their job duties, as stipulated by the Fair Labor Standards Act’s (FLSA) "executive, administrative and professional exemption."
USDOL’s rule would extend overtime pay guarantees to workers making just under $44,000, up from the $35,568 cutoff set in 2019. The threshold would jump to $58,656 at the beginning of 2025. Industry members should note that this injunction is limited to only Texas state employees, but the court's action could lead to further changes in this rule as was the outcome in 2016.
More here.
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#WeDigAmerica | #NUCA60
Check your voter registration status and learn more about important upcoming election deadlines at vote.gov.
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USDOT RAISE Infrastructure Grants Announced
USDOT announced on June 26 $1.8 billion in awards from the RAISE grant program for 148 projects around the nation. According to a USDOT press release announcing the grants, funding is split equally between urban and rural areas, and a large percentage of grants support regions defined as historically disadvantaged or areas of persistent poverty. As in years past, the demand for RAISE funding outpaced available funds, with the department receiving almost $13 billion in requests for the $1.8 billion available this year. The RAISE program is one of several competitive grant programs providing funding under the 2021 infrastructure law supported by NUCA.
A list of the grants can be found here.
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A New NUCA.com!
In response to members' requests, the NUCA Communications Department unveiled a new NUCA.com website this spring. Like all new projects, there are some bugs to be worked out as it comes online. Some pages may not be accessible from time to time.
Please be patient while we identify and correct any issues with the new website.
Check it out at www.NUCA.com.
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2024: NUCA's 60th Anniversary!
NUCA turned 60 years old in April 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 in 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.
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OSHA Changes Regional Map & Numbers, Adds Region Names
The U.S. Dept. of Labor (USDOL) announced in May strategic changes to the structure of its Occupational Safety and Health Administration’s (OSHA) regional operations to "direct its resources effectively and make the agency more resilient."
The changes include the creation of a new OSHA regional office in Birmingham, Alabama, overseeing agency operations in the state, and those in Arkansas, Kentucky, Louisiana, Mississippi and Tennessee as well as the Florida Panhandle.
OSHA is also planning to merge Regions 9 and 10 into a new San Francisco Region to improve operations and reduce operating costs.
As part of the changes, the agency will also rename its regions to associate them by geography, rather than its current practice of assigning numbers to regions. As such, the area OSHA calls Region 4 will be renamed the Atlanta Region with jurisdiction over Florida, excluding the Panhandle; Georgia, North Carolina and South Carolina. The current Region 6 will be renamed the Dallas Region and have jurisdiction over workplace safety issues in New Mexico, Oklahoma and Texas.
OSHA plans to fully transition to its new regional structure later in 2024.
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NUCA Thanks Our Many National Partners For Their Generous Support Of NUCA's Washington Summit & Advocacy Programs
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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.
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 is awaiting a vote in the full House.
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Elections and NUCA/PAC: Going Strong Since 1976
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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.
Please click here for the online NUCA/PAC authorization form. (You will need you NUCA member logon. If you do not have it, please contact NUCA's Lauren Hensley at lauren@nuca.com or 703-358-9300.)
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.
$24,500 has been expended to candidates so far this cycle. In May, NUCA CEO Doug Carlson and NUCA VP Government Affairs Zack Perconti were present at an event with Speaker of the House Mike Johnson and House Transportation and Infrastructure Chair Sam Graves on behalf of NUCA/PAC.
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Record All Your Jobsite Incidents With Just One App: NUCA WINS
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Second Session, 118th Congress Schedule
Congress returned this week, but is out of session next week for the Republican presidential convention in Milwaukee (July 15-17). It returns for business for two weeks beginning July 22. It is expected to leave for its month-long recess on August 2, if not a day or two earlier.
All 435 House members are up for re-election, with 34 U.S. Senators joining them on the campaign trail. Lawmakers traditionally spend as much time back in the district or state campaigning during this work period.
Both chambers come back into session on September 9 for the entire month, leaving on September 27. If they do not pass their FY2025 spending packages by September 30, they will pass a continuing resolution to keep the government open to at least after Election Day, Nov. 5.
Congress returns for work in a lame-duck session Nov. 12-22, and then from Dec. 2-20. They will most likely use every day for legislative catch-up work.
The last full day of the 118th Congress will be January 2, 2025. The 119th Congress begins at noon on January 3.
For the remainder of the legislative session – in addition to essential appropriations work – NUCA is focused on practical results that might be achieved before the election – namely, advancing critical workforce development legislation and damage prevention language in the Pipeline and Hazardous Materials Safety Administration (PHMSA) PIPES Act reauthorization.
A full House-Senate Congressional calendar for 2024 can be downloaded here.
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There have been no letters issued this month.
All formal NUCA correspondence with Congress and federal regulatory agencies can be found and read at nuca.com/comments.
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Sign Up For NUCA Muster Advocacy Alerts
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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.
I'm a NUCA member and I want to receive NUCA's Advocacy Alerts!
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Join NUCA's Government Affairs Committee!
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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.
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The House's Cannon HOB subsurface
infrastructure being rebuilt, 2019. Photos: AoC.
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The Colorado Chapter of NUCA
