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91����Ƶ recently participated in a virtual meeting with the U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler to discuss the release of the Construction Snapshot, 91����Ƶ’s participation in the Smart Sectors Program, and top issues for 91����Ƶ contractors. Importantly, the Smart Sectors’ Construction Snapshot includes a look at the industry’s environmental as well as economic performance over time, using data from different publicly-available sources. 91����Ƶ took the opportunity to thank U.S. EPA for its leadership in response to COVID-19 (e.g., list of disinfectants and enforcement discretion policy), and to express support of several recent U.S. EPA deregulatory actions. 91����Ƶ also provided industry-specific insights on where additional implementation guidance is needed to clarify how certain environmental laws will be applied (and enforced) in the field.

On May 6, the Senate Environment and Public Works (EPW) Committee unanimously approved two water-related infrastructure bills. The America’s Water Infrastructure Act of 2020 (AWIA), as amended, would invest the nation’s water resources infrastructure and clean water infrastructure and the Drinking Water Infrastructure Act of 2020 (DWIA), as amended, would invest in the nation’s drinking water infrastructure. 91����Ƶ applauded the Committee’s bipartisan efforts to develop the bills and highlighted provisions that it supports. Last month, 91����Ƶ, along with four other organizations, was invited by EPW to submit a written statement on the discussion drafts. These bills will now go to the full Senate for consideration.

Contains Q&A Section of Common Workplace Questions

The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal Register notice.

Treasury Department’s Recent Changes to Paycheck Protection Program Loan Guidance Are Making It Even Harder for Firms to Maintain Jobs Amid Declining Private-Sector Demand for Construction

Laredo, Texas and Lake Charles, La. Have Largest Construction Job Losses While Lewiston, Idaho-Wash. And Dallas-Plano-Irving, Texas Add the Most Jobs; Association Survey Indicates Losses will Spread

Nearly Half of Firms Have Received Loans, But Growing Number of Project Cancellations, Delays and Delivery Problems Imperil Industry; Association Leaders Call for Immediate Infrastructure Funding

In an April 15 ruling on Northern Plains Resource Council, et al. v. Army Corps of Engineers, the U.S. District Court for the District of Montana vacated (voided) the Army Corps of Engineers’ Nationwide Permit (NWP) 12 (in use on the Keystone XL pipeline project) on an Endangered Species Act procedural concern. The court stated, in part: “The Corps should have initiated ESA Section 7(a)(2) consultation before it reissued NWP 12 in 2017.” The court’s order prohibits the Corps from authorizing “any dredge or fill activities under NWP 12 pending completion of the [ESA Section 7] consultation process.”

On April 20, the Environmental Protection Agency (EPA) extended the public comment period for the 2020 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the “2020 Multi-Sector General Permit (MSGP).” The comment period was extended for 30 days, setting a new deadline of June 1, 2020. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. 91����Ƶ has several concerns with the proposed permit and is working with a coalition to submit comments.