On Dec. 18, the Biden administration announced its government-mandated project labor agreement (PLA) final rule that requires PLAs on direct federal construction projects of $35 million or more, with limited exceptions. 91¶ÌÊÓƵ has long prepared to and will fight this executive overreach in court.
New Mandate will Make it Even Harder for Construction Firms to Build Projects, will Undermine Efforts to Diversify the Construction Industry and will Punish Taxpayers, Association Warns
The 91¶ÌÊÓƵ Mental Health & Suicide Prevention Forum meets virtually on a quarterly basis to gather/share information, resources, and best practices among stakeholders in the construction industry. The first-quarter forum is scheduled for January 24, 2pm – 3pm, Eastern Time. If you would like to participate in the forum, please sign up here. You are encouraged to browse the website created to house important and lifesaving tools related to mental health and suicide prevention.
A takeaway from this year’s Construction Superconference was a growing apprehension regarding the risk associated with design-build projects, especially for large mega projects. In four key sessions, concerns surfaced about the project delivery method’s efficacy in fairly allocating risk. Concerns about risk in design-build have previously been reported in ENR. The debate continues over how to share risk and reward among all the parties to the construction process. Amidst these concerns, progressive design-build emerged as a promising variation to the traditional design-build approach. Progressive design-build emphasizes a qualifications-based selection to expedite decision-making and reduce costs. This article explores the pivotal discussions at the Construction Superconference, revealing the industry's quest for a more balanced and efficient approach to risk allocation in design-build projects.
In November, the U.S. Environmental Protection Agency (EPA) quietly released draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System). Regulated entities will need to determine whether a permit is necessary before discharges occur, and EPA will act if unauthorized discharges to waters of the United States (WOTUS) are discovered. This new guidance may impact the common practices of groundwater recharge and reinfiltration.
On Dec. 1, 91¶ÌÊÓƵ raised concerns with the Interim Draft of the National Ordinary High Water Mark (OHWM) Field Delineation Manual for Rivers and Streams that federal agencies are using to identify tributaries and assert federal jurisdiction. (See coalition letters here and here.) The OHWM defines the boundaries of federal jurisdictional over a water and plays a role in calculating any required mitigation under the Clean Water Act. The manual takes an overly broad approach that could sweep in more water features as jurisdictional waters of the United States (WOTUS).
On November 22, the Federal Highway Administration (FHWA) released its Greenhouse Gas (GHG) Performance Measure final rule. You might recall, 91¶ÌÊÓƵ issued this action alert, filed comments with FHWA, and supported congressional efforts to block the rule.
Please join 91¶ÌÊÓƵ of America on January 11, 2024, from 2:00pm ET to 3:00pm ET for a virtual townhall staff update on federal environmental regulatory initiatives and 91¶ÌÊÓƵ’s advocacy efforts. Open to all 91¶ÌÊÓƵ members and Chapters, the meeting also provides an opportunity for industry professionals from various sectors to share best practices, discuss federal or state environmental and sustainability trends, and collaborate on ways to improve performance across the entire construction industry. There is no charge, but you must register to reserve a seat—click here.
91¶ÌÊÓƵ of America is now accepting session proposals for 91¶ÌÊÓƵ’s 2024 Construction Safety, Health & Environmental Conference (July 16-18, 2024, in St. Louis, MO). This notice is a call for presentations for a limited number of speaking opportunities.