ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

On Sept. 29, ABC submitted comments with a coalition of industry stakeholders to the Council on Environmental Quality in response to a proposed rule regarding Phase 2 of revisions to the National Environmental Policy Act implementing regulations. The proposal would make wide-ranging changes that will add unnecessarily burdensome and costly provisions to the federal environmental review and permitting process.

On Sept. 25, the U.S. Department of Labor’s Occupational Safety and Health Administration announced a new initiative, the Respirable Crystalline Silica Focused Inspection Initiative in the Engineered Stone Fabrication and Installation Industries. The initiative supplements OSHA’s current National Emphasis Program for Respirable Crystalline Silica and prioritizes federal OSHA inspections in workplaces where workers are typically exposed to high levels of silica, Cut Stone and Stone Product Manufacturing (NAICS Code 327991) and Brick, Stone and Related Construction Material Merchant Wholesalers (NAICS Code 423320).

ABC is conducting an important survey of contractor members to gauge opinions and experiences with the Inflation Reduction Act’s prevailing wage and government-registered apprenticeship requirements on clean energy tax credits. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments seeking regulatory clarity and pushing back on concerning aspects of a recent Internal Revenue Service proposed rule.

ABC is conducting an important survey of contractor members to gauge opinions and experiences with the Inflation Reduction Act’s prevailing wage and government-registered apprenticeship requirements on clean energy tax credits. Ensuring as many members as possible respond to this survey will be vital to providing effective, informed comments seeking regulatory clarity and pushing back on concerning aspects of a recent Internal Revenue Service proposed rule.

On Sept. 7, the Federal Acquisition Regulatory Council’s final rule on the Use of Project Labor Agreements for Federal Construction Projects, which would mandate anti-competitive and inflationary project labor agreements on large-scale federal construction contracts, arrived at the Office of Management and Budget’s Office of Information and Regulatory Affairs for review. This is the final step before the rule will be published in the Federal Register and take effect.

ABC has prepared a summary of Biden administration regulatory actions of interest to ABC members by agency.

On Aug. 30, the U.S. Department of Labor announced a new proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act. The proposal increases the minimum salary level threshold to $55,068 annually for a full-year worker and automatically updates the threshold every three years.

Despite being litigated for years, the Biden administration’s National Labor Relations Board has revived controversial policy from the Obama era in the form of its Representation-Case Procedures final rule. The direct final rule, issued without notice and the opportunity to comment, essentially restores provisions of the “ambush” election rule of 2014 and rescinds the remaining ABC-supported provisions of the 2019 final rule. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers will have less time to respond to representation petitions.

On Aug. 29, the U.S. Treasury Department’s Internal Revenue Service released a proposed rule and FAQs on provisions of the ABC-opposed Inflation Reduction Act, which will affect the developers, contractors and workers that are building clean energy projects eligible for more than $270 billion in federal tax credits.