On Thursday, June 18, the Senate Environment and Public Works Committee passed S. 787 the Clean Water Restoration Act.  The legislation was offered as an amendment sponsored by Chairwoman Barbara Boxer (D-Calif.), Senator Max Baucus(D-Mont.) and Senator Amy Klobuchar (D-Minn.). Republican committee members criticized the bill as a substantial expansion of federal jurisdiction over water by removing the term "navigable" waterways.  Ranking Member Senator James Inhofe (R-Okla.) and Senator John Barasso (R-Wyo.) offered multiple unsuccessful amendments to address "negative impacts" on rural and agricultural communities.

In a June 17, 2009, letter to EPW Committee members, AGC opposed this legislation because it gives the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jurisdiction over all wet areas-however remote or intermittent-and over all activities (e.g., construction) affecting those waters. Consequently, the bill would require construction contractors and project owners to obtain and be regulated by federal Clean Water Act permits far more frequently than is currently required.

AGC will continue to fight this legislation as it is considered by the full Senate, which is uncertain. Senators Mike Crapo (R-Idaho) and Jim Inhofe (R-Okla.) have placed "holds" on the legislation, making it unlikely that it will see floor timein the near future. Similar legislation in the House of Representatives has yet to be introduced, however T&I Chairman James Oberstar (D-Minn.) has indicated his support for similar legislation in the House of Representatives.

The Senate Environment and Public Works Committee is scheduled to consider a bill next Thursday that would expand federal jurisdiction over waters and wetlands under the Clean Water Act.  The bill, S. 787, the Clean Water Restoration Act, would create a new legislative definition of "waters of the United States" that would essentially be limitless and would greatly increase the circumstances under which contractors would be required to obtain and be regulated by federal Clean Water Act permits (e.g., section 404 permits).

AGC is opposed to the legislation, which would create the greatest expansion of the Clean Water Act since it was signed into law in 1972.  The legislation would expand the federal role beyond protecting wetlands and waters having an understandable "significant nexus" to navigable waters and regulate everywhere that rainwater happens to flow, including roadside ditches.  The legislation would give the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency jurisdiction over all wet areas - however remote or intermittent - and over all activities (e.g., construction) affecting those waters.  The federal permitting process would increase the cost of maintaining and delay necessary improvement of public and private infrastructure. 

AGC believes Congress should not rush to expand the scope of the Clean Water Act.  Instead, Congress should preserve the role that states and localities have traditionally played.  States and local authorities should lead the regulation of land and water use, not the federal government. 

AGC asks you to contact your Senators to urge them to oppose the Clean Water Restoration Act.  To contact your Senators, you may use AGC's Legislative Action Center.

On Earth Day, AGC announced that the construction industry emits less than one percent of all U.S. green house gas emissions, according to a new analysis of federal environmental data from the U.S. Environmental Protection Agency.  The newly released data shows the relative efficiency of a construction industry that currently accounts for more than five percent of the U.S. work force and 800,000 small businesses.

AGC noted that in addition to curbing emissions, the industry recycles more than any other, including 97.5 percent of structural steel, 65 percent of reinforcement steel and 80 percent of asphalt. 

Read AGC's Earth Day press release here, or view coverage by For Construction Pros.com, USGNN and Building Design and Construction.

AGC's analysis of climate change legislation shows a significant impact on construction in the form of higher energy prices, higher raw materials prices, potential EPA regulation of land use (including local planning decisions) and transportation planning due to the proposed cap and trade program that would create a market for emissions allowances.

While climate change is a major focus of both President Obama and Congressional leaders, the committee process has thus far found a less than unanimous endorsement of cap and trade as the best way to regulate green house gases. The Senate chose to not endorse a cap and trade solution earlier by a vote of 67 to 31.

In a letter sent to Rep. Lynn Woolsey, Chairwoman of the House Subcommittee on Workforce Protections, and Rep. Tom Price, the Subcommittee’ Ranking Member, AGC CEO Steve Sandherr made the point that construction jobs meet all the criteria of the loosely defined “green job.”

This criteria includes:

• Improving the environment;
• Offering good-paying jobs;
• Offering opportunities for advancement;
• Are jobs that cannot be outsourced; and
• Encouraging participation by a diverse population.

The letter was sent to the subcommittee in response to a March 31 hearing it held to “examine green jobs and their role in our nation’s economic recovery.”

AGC’s letter emphasized how large a role the construction industry plays in a green economy, how important it is to capture all of the green work that the industry does – including recycling at the highest levels of any industry – and the need to provide training for traditional crafts that may “benefit by, but do not need, training in green practices in order to work successfully on a green project.”

Further, AGC stressed the need for the federal government to avoid over-defining “green jobs” so that it excludes large segments of the industry and highlighted the many ways that AGC, its members and Chapters promote training and construction in environmentally sound and “green” practices.

The full text of the AGC letter is posted here.

AGC member Don Weaver (Weaver Bailey Contractors, El Paso, Arkansas) testified today before the U.S. House Select Committee on Energy Independence and Global Warming regarding green construction practices in the construction industry. Weaver called for new federal incentives to encourage recycling of construction materials and purchase of more efficient construction equipment. He also stated that tax credits and incentives would reduce greenhouse gas emissions, boost economic activity, cut waste and lower construction costs.

Noting that construction equipment accounts for only 0.86 percent of U.S. greenhouse gas emissions according to the EPA, Weaver (left) said that the construction industry has a long history of developing techniques and practices that enhance the environment.  He also noted that  the federal government can assist in these practices by offering appropriate incentives.

AGC supports the creation of a federal investment tax credit for contractors to replace their existing diesel powered equipment, including front loaders and on-site generators.  Such an incentive would cut diesel fuel consumption and reduce emissions of diesel particulates and black carbon.  AGC also encourages federal and state agencies that commission construction projects to use local materials to save fuel and reduce emissions.

To view a copy of Don Weaver’s full testimony, please visit www.agc.org/advocacy/environment.