Related Links: Link to EPA regulation Court Orders EPA to Move forward with Coal Ash Regulation Construction industry groups praised the U.S. Environmental Protection Agency’s decision not to designate coal ash, a byproduct of coal combustion from coal-fired powerplants, as a hazardous waste under the agency’s first regulations for coal-residuals disposal.Instead, coal ash will be regulated under Resource Conservation and Recovery Act's Subtitle D, the primary law governing solid waste.Since the catastrophic 2008 coal ash spill in Kingston, Tenn., and the Dan River spill in North Carolina in February 2014, much attention has been focused on establishing safeguards for preventing
Related Links: Final new federal water resources Interagency Guidelines (released 12/17/2014). 1983 principles and guidelines for water resources The White House has released final federal interagency guidelines for evaluating planned water resources projects, the last piece of its five-year effort to rewrite the current, 31-year-old planning guide for the Corps of Engineers and three other agencies and broaden it to cover more agencies.But Congress, in the recently enacted “Cromnibus” spending package, has blocked the Corps from implementing the new water resources Principles, Requirements and Guidelines (PR&G) through the end of fiscal year 2015. The legislation doesn’t bar funding for other
President Obama’s surprise announcement that the U.S. will seek to re-establish diplomatic relations with Cuba after more than 50 years includes a call for increased exports of building materials for housing and, down the road, also could provide export opportunities for U.S. construction-equipment manufacturers, industry officials say.
Shortly before adjourning for the year, the Senate approved retroactive extensions for a $41.6-billion package of tax breaks, including incentives for heavy-equipment purchases and renewable-energy projects, but lawmakers failed to extend the federal backup program for terrorism risks.The Senate passed a tax “extenders” measure by a 76-16 vote late on Dec. 16, sending the bill to the White House for President Obama’s expected signature. The House had cleared the measure on Dec. 3 by a wide margin.The legislation puts back into effect for all of 2014 a group of breaks that expired at the end of last year.The Association of
Related Links: U.S. Attorney's Office press release on agreement, via FBI D.C. Cuts Forrester Payment by $1M Over MBE Joint Venture (enr.com 6/5/2013) [subscription] In a settlement with the federal government, Forrester Construction Co., Rockville, Md., has agreed to pay $2.15 million to resolve a criminal probe into alleged fraud concerning the firm’s use of small disadvantaged businesses on more than $145 million in contracts with the District of Columbia. Under a non-prosecution agreement, which federal officials announced on Dec. 15, Forrester admitted that it failed to abide by D.C.’s regulations concerning Certified Business Enterprises or CBEs. The government said
Related Links: ENR Editorial: "Urge Your Senator to Support Three Easy Steps to Help Small Business" House DOD Bill Includes Design-Build, Individual Sureties Amendments The Senate approved a $585-billion Dept. of Defense authorization bill by an 89-11 vote on Dec. 12, one of the last days of the lame-duck session.With the Senate's passage late on Dec. 13 of the $1.1-trillion “CRominbus”—a neologism that combines "continuing resolution," or "CR," and "omnibus"—spending bill that authorizes spending for most of the government through Sept. 30, 2015, the chamber has only two major pieces of legislation to consider before lawmakers go home for the
Related Links: Text of spending measure Senate Appropriations Committee summary of bill A $1.1-trillion spending package, which is headed to the White House for President Obama's expected signature, would fund most federal agencies through the rest of fiscal year 2015 and hold key construction programs at or near their 2014 levels. A major exception is military construction, which would suffer a deep cut.The huge bill, which the Senate approved 56-40 on Dec. 13 during an unusual late-night Saturday session, is mostly an omnibus measure to keep all agencies operating, including their construction programs, through next Sept. 30—except the Dept. of
Related Links: Text of Kline-Miller pension amendment Link to statements from contractor and union groups supporting the pension proposal Statement from LIUNA General President O'Sullivan opposing proposal Congress has approved legislation to revamp the multiemployer-pension program in an attempt to bolster plans that are in dire financial shape.The pension policy changes, which are part of a $1.1-trillion 2015 spending package the Senate passed late on Dec. 13, would allow sponsors of multiemployer plans in “critical and declining” condition to temporarily or permanently cut members’ vested benefits.It also would mandate a doubling in the annual per-member premiums the plans pay to
Related Links: NLRB Fact Sheet on rule, including a link to final rule and dissent Court Strikes Down New NLRB Rule (ENR May 2012) The National Labor Relations Board has adopted a final rule that seeks to speed its process for carrying out union representation elections.Organized labor supports the regulation but business organizations criticize it as the "ambush" rule, because, they contend, it would not give companies enough time to prepare for an election.Denise Gold, Associated General Contractors of America associate general counsel, said that a coalition of business groups plans to file a legal challenge to the regulation in
Related Links: Summary of House-passed tax "extenders" bill from Rules and Ways and Means Committees Link to open Joint Committee on Taxation revenue-impact estimate of House-passed bill Legislation to reinstate some expired tax breaks and extend other, soon-to-expire provisions has cleared the House and was awaiting final congressional action at ENR press time.Among the key construction-related provisions are a one-year extension of measures aimed at assisting ailing multiemployer pension plans. Multiemployer plans are common in unionized construction. Supporters of the extension include the laborers' union.The bill also would retroactively allow a tax credit for facilities that generate electricity from wind
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