Construction Legislative Week in Review

All Infrastructure Investment Articles

Senate Introduces $38.9 Billion Water Reauthorization Bill

Thursday, May 7, 2009

Senate Environment and Public Works Chairwoman Barbara Boxer (D-CA), Ranking Member James Inhofe (R-OK), Senate Water & Wildlife Subcommittee Chairman Ben Cardin (D- MD) and Ranking Member Senator Mike Crapo (R-IL) are expected shorty to introduce the Water Infrastructure Financing Act of 2009. This bi-partisan bill will authorize $38.9 billion for Environmental Protection Agency (EPA) water infrastructure programs over the next five years.

Highlights of the Senate bill include $20 billion for the Clean Water State Revolving Fund Program, $15 billion for the Drinking Water State Revolving Fund Program and $1.85 billion for Sewer Overflow Grants. AGC and the WIN Coalition worked closely with Senate staff on this companion legislation to H.R. 1262, the Water Quality Investment Act of 2009, which passed out of the House of Representatives on March 12 authorizing a total of $19.4 billion over five years for wastewater infrastructure projects. 

In addition to revising the SRF distribution formula for States, The Water Infrastructure Financing Act of 2009 creates a new Agricultural Pollution Control SRF, includes technical assistance grants for small systems and $250 million for Critical Water Infrastructure Projects (Watershed Improvements).

AGC is particularly pleased that the bill does not include any Buy American Provisions similar to those included in the American Recovery and Reinvestment Act. While the bill will not include any Davis Bacon provisions it is likely that amendments for and against the inclusion of Davis Bacon will be introduced in the full committee markup which will occur on Thursday May 14.

Interim Rules Governing Stimulus Issued

Thursday, April 2, 2009

The Federal Acquisition Regulation (FAR) Council on March 31 issued several new reporting requirements for contractors and procurement officials disbursing stimulus funds.

The new rules require the following:

  • Prime contractors who win work funded by the economic recovery package must file detailed public reports to the government on the nature of their work and job creation data;
  • All construction, repair or maintenance projects use only iron, steel and manufactured goods produced in the United States. The rule provides a number of narrow exceptions and waivers, such as cases when goods are not available domestically, or if the local price is not reasonable;
  • Prohibits nonfederal employers from firing, demoting or discriminating against whistleblowers who alert the government to questionable uses of stimulus funds. Contractors who refuse to abide by this rule will not be eligible for stimulus contracts;
  • Acquisition officials must issue public notices on publicizing contract action worth more than $25,000; and,
  • Provide the Government Accountability Office with the authority to audit both contracts and subcontracts related to the stimulus, and to interview contractor and subcontractor employees. The same rights, except the ability to interview subcontractor workers, are granted to inspectors general.

AGC is currently reviewing the rules in detail to ensure they are fair and reasonable for construction contractors performing work funded by the recovery plan. The FAR Council is accepting comments on these rules through June 1, 2009.

GSA Submits $5.5 Billion Economic Recovery Plan to Congress

Thursday, April 2, 2009

GSA has unveiled a $5.5 billion project list that highlights the unprecedented role the agency will play in assisting in the nation's economic recovery and putting American citizens back to work. Projects are funded across the country, providing benefit for local and state economies, and every state should see at least one GSA project related to the Recovery Act.

A breakdown of GSA's Recovery Funding reveals: 

  • $4.5 billion: Federal building conversion to high-performance green spaces
  • $750 million: Federal building and courthouse renovations
  • $300 million: Fuel-efficient vehicles
  • $300 million: Land ports of entry renovation and construction

GSA will also help other agencies best utilize their Recovery Act dollars, and manage Recovery.gov, which provides transparency and accountability to the American public.

AGC will continue working with GSA and our other agency partners as implementation of the Recovery act continues. For additional about GSA's Recovery plans, visit: www.gsa.gov/recovery.

House Transportation Committee Issues Report on Infrastructure Spending

Thursday, April 2, 2009

Today the House Transportation and Infrastructure Committee issued a 22-page report detailing the distribution of stimulus bill funds under the committee's jurisdiction.

In addition to the GSA construction programs listed above, the Committee identified progress under the Highway program:
Of the funds provided for the highway formula program, in the past four weeks, 35 states have submitted and received approval for nearly 1,000 projects totaling $3.4 billion, more than 10 percent of the Recovery Act highway funds.

In the Transit program:

  • Of the $6.8 billion apportioned for the Transit Capital Assistance program on March 5, 2009, $46.3 million has been awarded by the Federal Transit Administration (FTA), including three grants in rural areas of Kentucky, Missouri, and Maine:

New Discretionary Grant Program:

  • The Recovery Act provides $1.5 billion to the Secretary of Transportation to make competitive discretionary grants to surface transportation projects that will have a significant impact on the nation, a metropolitan area, or a region.

Aviation Spending:

  • The Office of the Secretary of Transportation is finalizing guidance and criteria for the $1.5 billion discretionary grants program. As of March 26, 2009, the FAA had announced tentative allocations of funding for projects totaling $451 million. After tentative funding allocations are announced, airport sponsors are able to solicit bids for construction. Sponsors will then submit their grant applications to the FAA based on the bids received. After a grant application is approved, the funds will be obligated by the FAA. On March 23, 2009, the FAA made its first Recovery Act grant award - a $4.2 million airport grant to Omaha, Nebraska, for runway rehabilitation.