The Colorado Chapter of NUCA



$5.8 Billion in IIJA SRF Funding Released

February 2024

Congress Will Have To Punt - Again

NLRB Joint Employer Rules Take Effect Feb. 26

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 Schedule

NUCA Official Letters To Congress

Sign Up For NUCA Muster Advocacy Alerts!

Join NUCA's 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.

More here.

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.

A breakdown of state-by-state allocations can be found here.

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.

Get Involved:

Click On Our Muster Link Here!

2024: NUCA's 60th Anniversary!

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.

More here.

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.

Registration is now open at!

2024 Washington Summit:

May 22-24, 2024

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.


Please click here for the NUCA/PAC authorization form. (You will need you NUCA member logon. If you do not have it, please contact NUCA's Lauren Hensley at or 703-358-9300.)


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.

NUCA-WINS 3.0 is your one-stop app for all adverse event recording and tracking.

Visit to learn more and schedule a demo of the app.

NUCA WINS Logo B 08-17-20.jpg

Second Session, 118th Congress Schedule

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.

NUCA Official Letters To Congress & Federal Agencies

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

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.

I'm a NUCA member and I want to receive NUCA's Advocacy Alerts!

For Breaking Legislative News:

Follow @NUCA_National on Twitter!

Join NUCA's Government Affairs Committee!

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.

The House's Cannon HOB subsurface

infrastructure being rebuilt, 2019. Photos: AoC.

NUCA of Colorado Christine Barnes
5023 W. 120th Ave Executive Director
Box 297 (970) 376-1190
Broomfield, CO 80020 

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