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�鶹��ý is preparing comments on a U.S. Fish and Wildlife Service proposed update to the Migratory Bird Treaty Act (MBTA) that would clarify when damage to protected birds would result in criminal charges. The Feb. 3 proposal would codify the Trump administration’s Solicitor’s Opinion M-37050 that determined “incidental take” resulting from otherwise lawful action does not violate the Act---and instead would prohibit actions specifically directed at migratory birds, their nests, or their eggs. Currently, construction contractors actively avoid and minimize impacts on migratory birds and implement protective measures outlined by the Service. However, that does not eliminate the risk of severe penalties. For further information on this proposal, click “learn more”

Homebuilding Strengthens but Infrastructure and Other Nonresidential Spending Fades in Recent Months, Reversing Pattern in Early 2019; Industry Survey Shows Strong 2020 Demand for Projects and Workers

On Jan. 29, the House Committee on Ways and Means, which has jurisdiction over federal financing tools and revenue raising measures, held a hearing on infrastructure financing options. The hearing ran in conjunction with the House Democrats releasing their framework for a broad infrastructure bill. The committee heard from a broad swath of witnesses who reiterated the need for a long-term federally supported surface transportation bill and stated that demand for bond financing in the private sector and amongst investors far outstripped the supply of available bonds. �鶹��ý expects the committee, in the coming months, to produce legislation or guidance on how to build on existing and/or expired infrastructure financing tools, such as Private Activity Bonds (PABs) and Build America Bonds, as well as explore revenue options for the highway and transit trust funds. �鶹��ý will continue to work with the committee on funding options.

�鶹��ý recently submitted comments to a proposed rulemaking that would establish new transparency requirements on group health plans and health insurers in the individual and group markets. �鶹��ý is in favor of increasing transparency for employers and their employees to empower them as health care consumers; however, as markets differ, the approach to transparency for different types of employer-sponsored plans must also differ.

Save the Date for July 14-16, 2020, in Louisville, KY

Texas and Maine Have Biggest Number and Percent of Annual Job Gains, Ohio and Wyoming Have Largest Annual Losses; Texas and Iowa Have Largest Monthly Gains While Nevada and West Virginia Have Largest Monthly Declines

�鶹��ý of America and �鶹��ý of San Antonio successfully delivered the brand new second edition of �鶹��ý’s Project Manager Development Program courses January 20th through the 24th to a sold-out class held at the �鶹��ý of San Antonio. Delivery of this course highlights the �鶹��ý of San Antonio’s commitment to educating and engaging their members. The updated curriculum directly addresses the core business of General Contractors, Specialty Contractors, and all trade partners. The class consisted of a mix of all three contractor types and everyone benefitted from instruction from �鶹��ý chapter instructors from �鶹��ý of Wisconsin, �鶹��ý of Houston and The Arizona Builder’s Alliance.

Major General Scott A. Spellmon has been nominated to be the next Chief of Engineers and Commanding General of the U.S. Army Corps of Engineers (USACE). If confirmed by the Senate, Maj. Gen. Spellmon will replace the current commander, Lt. Gen. Todd Semonite, whose term expires on May 19, 2020. In his current role as Deputy Commanding General for Civil and Emergency Operations, he has been pivotal in overseeing the implementation of billions of dollars in natural disaster related construction recovery efforts. Confirmation hearings on this nomination are expected in the coming month. If confirmed, �鶹��ý looks forward to continuing to work closely with Maj. Gen. Spellmon and USACE.

On Jan. 16, Reps. Ro Khanna (D-Calif.) and Mark Meadows (R-N.C.) introduced bipartisan, �鶹��ý-backed legislation to prohibit federal agencies from using reverse auctions on federal construction contracts. On Dec. 19, the Senate unanimously passed a companion bill to this measure. Reverse auctions in federal contracts typically require contractors to bid against each other in real time with ever increasing lower prices in order to win a particular contract. Several federal agencies have advised against this practice due to the administrative burden it requires, as well as acknowledging that the guaranteed low price at time of bidding often does not mean the project will be lower in cost at the close. �鶹��ý supports commonsense procurement reform to improve the delivery of federal construction projects.

On Jan. 23, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized an �鶹��ý-supported rule to define “waters of the United States” – providing clarity when a federal permit is needed for work in or near federal waters. The new Navigable Waters Protection Rule better identifies federal waters, respects states’ primary role in land use and pollution prevention, and balances major case law from the last couple of decades.