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THE VOICE OF THE MERIT SHOP

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, 老牛影视promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

Letters to the Hill

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THE VOICE OF THE MERIT SHOP

老牛影视is the voice of the merit shop on Capitol Hill! Sending letters to Congress allows 老牛影视to publicly advocate for the views and interests of our more than 23,000 members. By corresponding with U.S. House of Representatives and Senate members, 老牛影视promotes fair and open competition in the construction industry and fights to protect merit shop contractors around the country.

On September 11, the House Committee on Natural Resources held听a 听on NEPA legislation including Rep. Westerman鈥檚 discussion draft, 听and .听 老牛影视sent a听letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA 听and 听final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America鈥檚 economic future. In the letter, 老牛影视called on the Committee to advance Rep. Westerman鈥檚 discussion draft, H.J. Res. 168 and H.R.6129, which promote a coordinated, predictable and transparent process to streamline permitting.

On September 11, the House Committee on Transportation and Infrastructure's Subcommittee Water Resources and Environment held听a hearing to examine . 老牛影视sent a听letter ahead of the hearing calling out the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers for not providing the regulated community with sufficient guidance regarding their interpretation of the . In the letter, 老牛影视urged the EPA and the Army Corps to fully comply with the Sackett decision and provide the regulated community with a clear, concise definition of WOTUS necessary to inform them of how to comply with the law while also serving as good stewards of the environment, as they did prior to the Biden-Harris administration鈥檚 shortsighted reversal of President Donald Trump鈥檚 WOTUS policies

On July 10, the U.S. House Committee on Oversight and Accountability held a to analyze actions taken by the U.S. Environmental Protection Agency. In a letter to the committee, 老牛影视expressed concern with EPA and U.S. Army Corps of Engineers final rule regarding amendments to the definition of 鈥渨aters of the United States鈥 subject to Clean Water Act regulation aimed at bringing their original January 2023 WOTUS rule into compliance with the U.S. Supreme Court鈥檚 May 25, 2023, decision in Sackett v. Environmental Protection Agency. 老牛影视noted that the revised rule fails to fully implement the court鈥檚 opinion specifically on the definition of 鈥渞elatively permanent鈥 waters and that it will likely result in continued litigation, regulatory uncertainty and confusion in the business community surrounding WOTUS.

On Aug. 29, the EPA and Corps issued the final rule making adjustments to WOTUS, including:

  • Removing the 鈥渟ignificant nexus鈥 test entirely
  • Removing the 鈥渋nterstate wetland鈥 category
  • Adjusting the definition of 鈥渁djacent waters鈥 to mean 鈥渉aving a continuous surface connection鈥

老牛影视issued a press release criticizing the new rule and urging full compliance with the SCOTUS decision.

On July 9, the U.S. House Committee on Transportation and Infrastructure Subcommittee on Railroads, Pipelines and Hazardous Materials held a hearing titled, 鈥.鈥 The hearing focused on the California Air Resources Board鈥檚 In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, 老牛影视sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.

On June 13, the U.S. House Committee on Science, Space and Technology Subcommittee on Investigations and Oversight held a hearing titled, 鈥.鈥 The hearing focused on the California Air Resources Board鈥檚 In-Use Locomotive Regulation. Pursuant to section 209(e) of the Clean Air Act, the regulation would ban all locomotives 23 years or older from operating within California and mandate zero-emissions locomotives by 2030. Prior to the hearing, 老牛影视sent a letter to the committee expressing concern over the regulation and the wide-ranging impact it could have on the construction industry, including new logistical challenges and increased materials prices.

On May 13, 老牛影视sent a letter to Rep. Jay Obernolte, R-Calif., and the U.S. House Energy and Commerce Committee鈥檚 Environment, Manufacturing, and Critical Materials Subcommittee, urging the committee to oppose the U.S. Environmental Protection Agency鈥檚 authorization of new California regulations on locomotive emissions.

The regulations, implemented by the California Air Resources Board, state that all locomotives in California must be zero-emission models by 2030. Under the Clean Air Act, the EPA must approve CARB鈥檚 regulations before they can be finalized, but the agency has yet to issue a final decision.

ABC鈥檚 letter, submitted in advance of a , outlines the enormous cost of compliance with this regulation and the potential for wide-ranging impacts on key aspects of the construction materials supply chain. The letter requested that the subcommittee strongly question Administrator Regan regarding the agency鈥檚 position on the ban.

老牛影视previously joined a coalition of industry stakeholders in comments to the EPA asking the agency to deny authorization of the ban.

On Feb. 14, the House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries held a on several bills, including the ABC-supported .

Ahead of the hearing, 老牛影视sent a letter in support of recognizing the Endangered Species Act鈥檚 purpose of protecting species threatened with extinction and the need for science-based, data-driven actions that conserve those species and the habitats on which they depend. The ESA Flexibility Act gives the U.S. Department of the Interior and U.S. Fish and Wildlife Service additional leeway when dealing with species listed as endangered under the ESA. While these agencies are already granted flexibility with species deemed 鈥渢hreatened,鈥 this bill would allow for fit-for-purpose protections of 鈥渆ndangered鈥 species while reducing undue regulatory burdens on development. The ESA Flexibility Act will allow for better management of species listed as endangered under the Endangered Species Act, such as the ABC-supported delisting of the northern long-eared bat.

You can view a recording the Subcommittee hearing .

On Jan. 31, the House Transportation and Infrastructure Committee held a on several ABC-supported bills focused on permitting reform and increasing Clean Water Act efficiency. Ahead of the markup, 老牛影视sent a letter in support of H.R. 7023, which was comprised of the five bills below, and joined members of the Waters Advocacy Coalition in a letter encouraging the full committee to report the bills favorably to the full House. This legislation passed the committee by a and is seen as the 118th Congress鈥 next step in securing permitting reform wins, some of which were achieved in last year鈥檚 Fiscal Responsibility Act. 老牛影视believes the Committee approved bill will streamline the process for permit seekers and holders, as well as provide greater clarity for permitting agencies while eliminating unnecessary delays that can cause budget overruns in construction.

  • seeks to codify longstanding interpretations and practices concerning Nationwide Permits, offering clarity on several contentious areas within the established process. This bill proposes extending the reissuance period for general permit holders from five to 10 years. It also specifies that only categories falling under the Clean Water Act鈥檚 Section 404 authority are considered when issuing NWPs.
  • aims to restrict the U.S. Environmental Protection Agency from preemptively vetoing a Clean Water Act Section 404 dredge and fill permit or revoking it after Corps approval without due process. Under this act, the EPA鈥檚 veto authority is constrained to the period while a permit application is pending through the standard permitting process, aligning with the original intent of the CWA.
  • intends to establish a more transparent procedure for EPA's development of water quality criteria, crucial for NPDES permits. This bill seeks to enhance public participation and introduce limited judicial review, ensuring stakeholders have a voice in the process and water quality standards are adequately protected.
  • proposes reasonable timelines for judicial review of Clean Water Act Section 404 permits, fostering efficiency in project authorization. It mandates that any lawsuit challenging a Section 404 permit must be filed within 60 days of issuance and sets deadlines for compliance in case of remand by the court.
  • aims to ensure that permits only include clear, objective limits on pollutants or water conditions. It also reinforces the principle that permit holders are shielded from liability as long as they adhere to the terms of their NPDES permits and provide relevant information during the application process.

On Dec. 13, 老牛影视submitted comments to the House Transportation and Infrastructure Committee as they conduct oversight on the U.S. Department of Transportation鈥檚 implementation of the Infrastructure Investment and Jobs Act.

ABC鈥檚 letter to the Highways and Transit Subcommittee criticized the modal administrators for their deviations from the bipartisan agreement reached during the IIJA's negotiation, and efforts to incorporate partisan language rejected by the House and Senate that would hinder the success of the IIJA. 老牛影视has previously expressed concerns about these administrative actions, including the DOT鈥檚 efforts to impose unlawful and overly burdensome policies and restrictive labor requirements on key federal infrastructure funds and projects.

On September 13, 老牛影视submitted comments to the House Oversight and Accountability Subcommittee on Health Care and Financial Services hearing titled, 鈥淭he Inflation Reduction Act: A Year in Review.鈥 ABC鈥檚 letter expressed our concerns about anti-competitive and inflationary policy in the IRA that grants developers of clean energy construction projects a bonus tax credit 500% greater than a baseline tax credit of 6% conditioned on satisfying controversial prevailing wage and government-registered apprenticeship requirements.