Construction Legislative Week in Review
www.agc.org July 14, 2016
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On the Inside
TAX
AGC Testifies on Treasury Section 385 Regulatory Proposal
TRANSPORTATION
FAA Extension Heads to the President
AGC Participates in White House Event on Transportation Funding
SAFETY
OSHA Delays Enforcement of the Newly Revised Recordkeeping Regulation
AGC EVENTS
Register Today for AGC's 2016 Contractors Environmental Conference and Save
TAX
AGC Testifies on Treasury Section 385 Regulatory Proposal
 

Today, AGC testified before the IRS in a public hearing regarding proposed Treasury regulations. AGC's witness, Mike Lucki of Lucki Advisors, offered recommendations that would curtail some of the proposed regulation’s effects on small, domestic and sub chapter S construction companies. The testimony is supported by comments sent by AGC both last month and last week, asking for a withdrawal of the rules and an extension of the public comment period and study of the regulations on industries. AGC’s position is echoed by Members of Congress who also oppose the far reaching 385 regulations in their current form as well as many of the groups who testified today.

For more information, please contact Brian Lenihan at lenihanb@agc.org or (703) 837-4733. Return to Top

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TRANSPORTATION
FAA Extension Heads to the President
 

The House and Senate this week extended Federal Aviation Administration (FAA) funding and taxes through Sept. 30, 2017.  The AGC-supported bill includes some but not all of AGC’s priorities.  AGC will continue to pursue a multiyear bill that provides increased funding for the Airport Improvement Program and an increase to the cap of the Passenger Facility Charges, which is used to finance local airport infrastructure projects.

The bipartisan legislation includes several policy changes relating to aviation security, consumer protection and safety.  However, the agreement maintains the current $3.35 billion funding level for the Airport Improvement Program (AIP). Both the House- and Senate-passed aviation bills had increased AIP funding by $400 million to $3.75 billion. The bill lets the current cap on Passenger Facility Charges (PFC) stand at $4.50 per flight segment. Additionally, the extension only includes minor provisions dealing with the rapid growth of drone (Unmanned Aviation Vehicles – (UAVs)) – use including creating new processes to detect, identify and mitigate unauthorized operation of UAVs around airports and critical infrastructure.

Absent from the extension is an AGC-supported provision included in the Senate passed bill that would have established one size-standard for all Disadvantaged Business Enterprises (DBE) working for the FAA.

For more information, please contact Brian Deery at deeryb@agc.org or (703) 837-5376. Return to Top

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AGC Participates in White House Event on Transportation Funding
 

As part of the U.S. Department of Transportation’s 50th Anniversary celebration, Transportation Secretary Anthony Foxx held a special forum at the White House’s Old Executive Office Building, focused on changing the way we fund and choose investments in order to achieve a transformational 21st Century Transportation System. AGC participated in the forum, which highlighted strategies and opportunities for supporting multi-modal transportation systems from federal, state, and local perspectives. Secretary Foxx reminded those in attendance that, while the FAST Act is a five year bill that provides stability in funding during that period of time, addressing future funding will not be easily resolved and cannot be put off. The forum featured a panel that included federal, state and local officials who discussed their ideas for addressing future transportation needs.

For more information, please contact Brian Deery at deeryb@agc.org or (703) 837-5376. Return to Top

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SAFETY
OSHA Delays Enforcement of the Newly Revised Recordkeeping Regulation
 

On July 13, the Occupational Safety & Health Administration announced that the agency will delay enforcement of an anti-retaliation provision that could deter reporting practices such as mandatory post-incident drug testing and safety incentive programs based on injury and illness rates. This provision was included in the newly revised recordkeeping regulation. While the extension does provide employers with additional time to examine their policies, it does not eliminate the broader concerns regarding the position the agency has taken on such programs.  Specifically, OSHA mentions in the preamble to the rule that employers who require mandatory post-incident drug testing and implement safety incentive programs based on injury and illness rates could be in violation of the new regulation.  AGC views the position taken by OSHA as both inappropriate and unlawful and is currently working with outside counsel to explore options for litigation. 

The original effective date for enforcement was set for August 10, 2016, but has been extended to November 1, 2016. The effective date for electronically submitting injury and illness data to OSHA will remain July 1, 2017. The full press release can viewed here

For more information, please contact Kevin Cannon at (703)837-5410 or cannonk@agc.org.   Return to Top

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AGC EVENTS
Register Today for AGC's 2016 Contractors Environmental Conference and Save
 

AGC's annual Contractors Environmental Conference (CEC) is coming to the nation's capital this fall.  Environmental compliance and sustainability professionals in the construction industry will come together on October 5-6, in Washington, D.C. at the Hyatt Regency Washington Capitol Hill.  If you're still making up your mind on whether to attend, take a look at the schedule of events and register today to lock in your savings.  Regular rates apply beginning August 1st.

For more information, please visit http://meetings.agc.org/cec Return to Top

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