MCAA Government Affairs Update for September 16, 2024: The Latest Developments Impacting Our Industry

As part of its ongoing commitment to protecting your livelihood and setting the stage for a bright future, MCAA has secured the services of Longbow Public Policy Group to advise our MCAA Government Affairs Committee (GAC). GAC Chair, Jim Gaffney will be passing along information relative to our industry on a regular basis.

On Monday, September 16, 2024 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information in a special Congressional Recess Report:

MCAA Issues and Interests

Project Labor Agreements, Prevailing Wage, and Registered Apprenticeship

President Biden Signs “Good Jobs” Executive Order 

On Friday, September 6^th, President Biden signed Executive Order (EO) 14126, “Investing in America and Investing in American Workers” also known as the “Good Jobs EO.” EO 14126 is intended to promote strong labor standards such as family-sustaining wages, workplace safety, and the free and fair opportunity to a join a union and encourages the Departments of Labor, Interior, Agriculture, Commerce, Labor, Housing and Urban Development, Transportation, Energy, Education, and Homeland Security, as well as the Environmental Protection Agency (implementing agencies) to implement these standards for any projects for which “federal financial assistance is received” through the Biden Administration’s Investing in America programs. This includes the American Rescue Plan Act, the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act. “Federal financial assistance” is defined as funds obtained from the federal government or borrowed on the credit of the federal government pursuant to grants (whether formula or discretionary), loans, or rebates, or projects undertaken pursuant to any federal program involving such grants, loans, or rebates. 

Among other things, EO 14126 calls on implementing agencies to adopt labor standards that: 

• Provide tools to promote high-wage jobs, including incentivizing specific high-wage standards for federal grants by mechanisms such as payment of wages tied to a particular metric (i.e., wages not less than prevailing wages, the upper quartile of industry pay, or union pattern wage scales) including for workers in the care workforce (i.e.,individuals working in the fields of child care and long-term care); policies to promote equal pay and eliminate discriminatory pay practices, such as pay transparency measures; and other policies aligned with the Good Jobs Principles established by the Department of Commerce and the Department of Labor on June 21, 2022; 

• Promote worker voice, including through project labor agreements, voluntary union recognition, neutrality with respect to union organizing, and collective bargaining agreements; 

• Promote worker economic security by directing federal agencies to consider prioritizing projects that supply the benefits that workers need—including child and dependent care, health insurance, paid leave, and retirement benefits; 

• Support workforce development through the use of joint labor-management partnerships that invest in union affiliated training programs, registered apprenticeships, and pre-apprenticeship programs that matriculate to registered apprenticeships; partnerships with organizations that deliver training such as community colleges, career and technical education programs, disability service organizations, the public workforce system, and the American Climate Corps; and the provision of supportive services necessary to complete training such as child care and transportation assistance; 

• Level the playing field by encouraging federal grantees to develop equitable workforce plans and offering projects that support fair hiring and management practices as the projects develop; and 

• Support workplace safety by encouraging structures that help ensure compliance with all workplace health and safety laws.

Implementing agencies shall carry out their responsibilities under this order consistent with their responsibilities under the Justice40 Initiative set forth in Executive Order 14008 of January 27, 2021.

EO 14126 also outlines strategies for agencies to enact these standards across their grant programs, including: (1) developing staff expertise to ensure every agency has in-house knowledge of strong labor standards and how their investments can promote and support good jobs; (2) conducting pre-award negotiations for key programs and projects as appropriate, and include ensuing commitments in grant agreements; (3) collecting data on job quality to further encourage best practices and increase accountability, including the collection of certified payrolls when applicable; (4) issuing guidance or best practices to promote and implement priorities; and (5) incentivizing these strong labor standards to the greatest extent possible by including application evaluation criteria related to strong labor standards and by referring alleged violations of law to other executive departments and agencies for a determination of whether circumstances warrant the issuance of financial penalties or collection of relief for workers harmed, withholding further federal financial assistance pending correction of a deficiency, recovery of some or all federal funds, or debarment. 

Finally, EO 14126 establishes the “Investing in Good Jobs Task Force,” which is responsible for coordinating policy development that supports efficient project delivery while also driving the creation of high-quality jobs and otherwise supporting the effective implementation of the Good Jobs EO. The Task Force will be co-chaired by the Secretary of Labor, the Assistant to the President for Economic Policy, and the Director of the National Economic Council and will develop best practices related to promoting adoption of the EO by federal agencies and will also provide technical assistance to the implementing agencies. The Task Force also includes members from the implementing agencies as well as the Assistant to the President and National Climate Advisor, the Senior Advisor to the President for International Climate Policy, the Chair of the Council on Environmental Quality, the Chair of the Council of Economic Advisers, the Assistant to the President and Director of the Domestic Policy Council, and the Assistant to the President and Director of the Gender Policy Council.

U.S. Department of Labor Appeals Ruling Blocking Part of MCAA-Supported Davis-Bacon Modernization Rule to the Fifth Circuit 

As we continue our work with DOL to ensure proper implantation of the Wage and Hour Division’s Davis-Bacon Modernization Rule, we wanted to be sure you saw that on August 23^rd, the U.S. Department of Labor appealed to the U.S. Court of Appeals for the Fifth Circuit a June 2024 Texas Court ruling that blocked parts of the agency’s MCAA-supported Davis-Bacon prevailing wage rule from applying to suppliers and truck drivers. In the June ruling, District Judge Sam Cummings found DOL’s Davis-Bacon rule’s application to “prefabrication companies, material suppliers, and truck drivers” were “blatantly unlawful.” Cummings also ruled that a provision in the rulemaking that applies prevailing wages to contracts that are silent on such requirements was unlawful. 

Independent Contractors and Misclassification of Workers 

Ed/Workforce Chair Foxx (R-NC) Threatens to Subpoena DOL for Failure to Answer Questions Regarding Attempts to “Eliminate Independent Contractor Model” 

On the misclassification front at the beginning of the August recess, House Education and the Workforce Committee Chair Virginia Foxx (R-NC) on August 9^th threatened to subpoena Acting Labor Secretary Julie Su for “failure to provide responses and data regarding worker misclassification.” In the letter, Foxx says, “the Committee on Education and the Workforce is continuing to seek information about the Biden-Harris administration’s efforts to eliminate the independent contractor model and classify as many workers as employees as possible in order to increase government control over workers.” Foxx goes on to say that “DOL’s responses to previous questions and requests for data leave the Committee without needed insights regarding DOL’s implementation of the Fair Labor Standards Act.” Foxx is seeking answers to several questions including: (1) how many instances of misclassification Wage and Hour Division (WHD) inspectors have found, including the total number of instances across each occupation that has been subject to investigation; (2) how many misclassification enforcement investigations WHD has initiated for each specific industry sector since January 20, 2021; and (3) whether DOL has initiated any investigations related to misclassification based on its coordination with the National Labor Relations Board and the Federal Trade Commission. Foxx concluded her letter saying that DOL’s “failure to provide complete responses to oversight on this matter could lead the Committee to take compulsory action.”

BLS to Release Survey Data This Year on Workers in the Gig Economy

On August 27^th, the Labor Department’s Bureau of Labor Statistics announced it is aiming to release new survey datalater this year that seeks to capture workers in the gig economy better than previous efforts that have produced an “inaccurate and dubious” picture of gig workers. This effort comes as a newly formed Work Arrangements Committee comprised of multiple federal agencies collaborates to improve the survey to answer the question of just how many workers are participating in the gig economy (public estimates have ranged from less than 5% to over 30% of the total workforce). Economists say that without better data on the gig economy, policymakers will be relying on inconsistent information when making decisions regarding federal benefit programs or evaluating labor policies, such as those seeking to clarify gig workers’ employment status. 

Pension Reform

Ed/Workforce Chair Foxx (R-NC) Sends Letter to DOJ Alleging 60 Pension Plans Received Payments for Deceased Beneficiaries in Special Financial Assistance Program 

As we continue to engage Congress on multiemployer pension reform, we wanted to be sure that you saw that on August 8^th, House Education and the Workforce Committee Chair Virginia Foxx (R-NC) sent a letter to the Justice Department (DOJ) to request information regarding DOJ efforts to hold the Pension Benefit Guaranty Corporation accountable for recovering funds for improper payments from the MCAA-supported Special Financial Assistance (SFA) to more than 60 union pension plans. In her letter to Attorney General Merrick Garland, Foxx said that “PBGC identified deceased participants on rolls of more than 60…multiemployer plans that received improper payments based on those rolls” and that “none of these other plans are reported to have restored the improper payments.” As a result, the Committee requested that DOJ provide: (1) all documents and communications related to DOJ’s decision to investigate Central States and the Graphic Communications National Pension Fund for payments to deceased beneficiaries; (2) all documents and communications related to any steps DOJ is taking to ensure that all other multiemployer pension plans that received improper SFA payments will repay those amounts; and (3) all documents and communications related to any multiemployer pension plans for which PBGC identified deceased participants on the plans’ application rolls but which DOJ has chosen not to investigate. Foxx also asked if DOJ is investigating or planning to investigate any of the more than 60 other multiemployer pension plans for which PBGC identified deceased participants on the plans’ applications for SFA payments and if so, to provide the names of those multiemployer pension plans that DOJ is investigating or plans to investigate to the Committee.

President Biden Names Three New Members to PBGC Advisory Committee 

We also wanted to highlight that on September 3^rd, President Biden appointed three new members to serve on the Pension Benefit Guaranty Corporation’s (PBGC) Advisory Committee, which includes representatives from labor, employers, and the general public that advise the PBGC on investment policy and other matters related to the agency’s mission. The three new members include: (1) Ilana Boivie, the assistant director of strategic resources for the International Association of Machinists and Aerospace Workers; (2) Lamont Everett (Monte) Tarbox, who served as president of the AFL-CIO Investment Trust until his retirement in 2024 and has over 30 years of experience as a chief investment officer and advisor serving large multiemployer pension funds; and (3) Kathryn J. Kennedy, a law professor and director of the Center for Tax Law and Employee Benefits at the University of Illinois Chicago School of Law. 

Decarbonization

There were also several developments on the decarbonization front over the August recess:

EPA Issues Enforcement Alert Regarding Its Efforts to Phasedown HFCs

On September 6^th, the Environmental Protection Agency (EPA) issued an Enforcement Alert regarding its work under the American Innovation and Manufacturing Act (AIM Act) to phase down production and consumption of hydrofluorocarbons (HFCs). The agency’s new alert, “EPA Targeting Illegal Imports of HFC Super-Pollutants to Combat Climate Change” provides information on common compliance issues observed with the importation of bulk HFCs and highlights recent civil and criminal enforcement actions. It also highlights EPA’s recent pursuit of entities that sought to unlawfully import HFCs without the required allowances, submitted false or misleading information, or failed to report required information under the AIM Act. The alert is intended to help address climate change and ensure that companies comply with the law and take the necessary steps to avoid potential EPA enforcement actions.

DOE Announces $31M for Projects to Advance Geothermal Energy 

Additionally, on August 26^th, the Department of Energy (DOE) announced the award of $66 million in funding from the Bipartisan Infrastructure Law to 17 states and territories from the Energy Efficiency Revolving Loan Fund (RLF) Capitalization Grant Program. The RLF Capitalization Grant Program provides funding to states and territories to establish or increase revolving funds enabling them to issue loans and grants for energy efficiency audits, upgrades, and retrofits to increase energy efficiency and improve the comfort of buildings. DOE explains that the RLF Capitalization Grant Program will help these states and territories to make capital available to fund energy efficiency projects in public buildings and will encourage financial institutions to enable families and small businesses to save money and reduce their energy costs. States receiving funding under this announcement include: (1) Texas, which will receive $22.4 million to establish a new revolving loan fund that operationally matches their existing Texas LoanSTAR revolving loan program; (2) Iowa, which will receive $7 million to create a new revolving loan fund for commercial and residential entities; (3) Georgia, which will receive $2.5 million to establish a new revolving loan fund for the residential sector, with a primary focus on providing benefits to low-income residents; and (4) Arizona, which will receive $1.7 million to provide grants and loans to fund energy efficiency projects, including audits and retrofits in the commercial sector. 

EPA Distributes $27 Billion in Grants under the Greenhouse Gas Reduction Fund

On August 16^th, the Environmental Protection Agency (EPA) announced that it has distributed $27 billion in grant funding from the Inflation Reduction Act under three competitions to Greenhouse Gas Reduction Fund recipients. The three programs will distribute funds as follows: (1) $14 billion for the National Clean Investment Fund (NCIF), which will establish national clean financing institutions that deliver accessible, affordable financing for clean technology projects nationwide; (2) $6 billion for the Clean Communities Investment Accelerator (CCIA), which will establish hubs that provide funding and technical assistance to community lenders working in low-income and disadvantaged communities, providing an immediate pathway to deploy projects in those communities while also building capacity of hundreds of community lenders to finance projects for years; and (3) $7 billion for the Solar for All program, which will create new or expand existing low-income solar programs, enabling over 900,000 households in low-income and disadvantaged communities to benefit from distributed solar energy. All entities with eligible projects that are interested in applying for funds from or working with an NCIF, CCIA, or Solar for All recipient should contact their relevant recipient directly to learn more about potential opportunities and their program timelines. More information about each of the three programs, and the funding recipients under each program, can be found here. 

EPA Announces Label Program to Encourage Manufacturing of Cleaner Construction Materials 

On August 7^th, the Environmental Protection Agency (EPA) announced plans to implement a new labeling program to boost clean American manufacturing by helping federal purchasers and other buyers find and buy cleaner, more climate-friendly construction materials and products. The label program will define what constitutes “clean” construction materials in support of the federal “Buy Clean Initiative,” which aims to grow the market for American-made, lower carbon construction materials. EPA’s label program will prioritize steel, glass, asphalt, and concrete because they represent most of the construction materials and products that government agencies purchase with federal funds. 

EPA will implement the program using a phased approach that all material categories will be able to follow at a cadence that aligns with the material’s market maturity and data availability. These phases are: (1) Data Quality Improvement to standardize and improve the quality of data underlying and provided by Environmental Product Declarations (EPDs); (2) Threshold Setting using robust EPDs, data, and other credible and representative industry benchmarks to determine thresholds for specific material categories and types; and (3) Labeling Materials and Products that meet EPA’s criteria. 

EPA also issued several supporting documents to help implement the label program, including Product Category Rule (PCR) Criteria – guidelines for developing EPDs, the disclosures that communicate climate and other environmental impacts of products. Other documents published outline key remaining data gaps, provide a methodology for assessing life cycle data quality, and describe other federal data quality improvement activities.

Other Interesting Things During the August Recess 

Friday, September 6^th

• Amazon filed a federal lawsuit in the U.S. District Court for the Western District of Texas challenging the constitutionality of the National Labor Relations Board (NLRB). In the lawsuit, the company argued that the NLRB “violates bedrock constitutional principles of separation of powers” by serving as both prosecutor and judge. It also contends that NLRB members are unconstitutionally protected from being fired by the president, and that the quasi-judicial structure of the agency undermines employers’ right to a jury trial under the Seventh Amendment. In response to the lawsuit, NLRB General Counsel Jennifer Abruzzo said that “it is nothing new for big companies to challenge the authority of the National Labor Relations Board to enforce workers’ rights so as not to be held accountable for their violations of the National Labor Relations Act.” The case is Amazon.comServices LLC v. NLRB. 

• The Department of the Interior (DOI) announced the availability of up to $43.5 million from the Bipartisan Infrastructure Law’s “Small Storage Program” for small water storage projects to create new sources of water for communities in the western United States. The Small Storage Program funds projects with a water storage capacity between 200 acre-feet and 30,000 acre-feet. Two application periods will be opened under this announcement for eligible projects, the first one of which will end on December 12, 2024 and the second which will end on July 15, 2025. The funding opportunity announcement is available on Grants.gov by searching for opportunity number R25AS00392. Eligible projects have completed and submitted a feasibility study to Reclamation for review for the first application period. Project sponsors may submit feasibility studies until April 30, 2025, to obtain eligibility to apply for funding under the second application period. 

• The Environmental Protection Agency (EPA) announced the availability of $7.5 billion of Water Infrastructure and Innovation Act (WIFIA) funding. The WIFIA program offers long-term loans to help communities implement critical water infrastructure projects. Examples of eligible projects (or combinations of projects) under this funding announcement include: (1) a wide range of wastewater, stormwater, and nonpoint source projects that are eligible under the Clean Water State Revolving Fund; (2) a wide range of drinking water infrastructure projects – including treatment, transmission and distribution, source, storage, consolidation/partnerships, and the creation of new systems – that are eligible under the Drinking Water State Revolving Fund; (3) repair, rehabilitation, or replacement of drinking water, wastewater, or stormwater infrastructure; (4) energy efficiency enhancements for a public water system or publicly owned treatment works; (5) desalination, aquifer storage and recovery, water recycling, or other projects to provide an alternative water supply and reduce aquifer depletion; (6) drought prevention, reduction, or mitigation projects; (7) acquisition of real property or an interest in real property; (8) a combination of drinking water and wastewater projects submitted by a state infrastructure financing authority; and (9) a combination of eligible projects, secured by a common security pledge, for which a single entity, or a combination of eligible entities, submits a single application. A complete list of eligible projects can be found on the EPA’s website. Letters of Intent are due by October 1, 2024 and should be submitted on the EPA’s SharePoint website. Applicants can gain access to the EPA’s SharePoint website by emailing wifia@epa.gov.

Thursday, September 5^th

• President Biden announced $7.3 billion in funding from the Inflation Reduction Act’s “Empowering Rural America (New ERA) Program,” which helps rural electric cooperatives transition to clean, affordable, and reliable energy and distribute power to communities, businesses, farms, and families in rural America. The 16 cooperatives receiving funding serve farmers, small businesses, and rural communities in Alaska, Arizona, California, Colorado, Florida, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, Nevada, North Dakota, Ohio, Pennsylvania, South Dakota, Texas, Wisconsin, and Wyoming. The New ERA program will allow co-ops to build or purchase over 10 gigawatts of clean energy and make enabling investments in areas including transmission, substation upgrades, and distributed energy resource management software that will lower energy costs and enhance grid performance, resiliency, and reliability. These investments will support more than 4,500 permanent jobs and over 16,000 construction jobs. 

Tuesday, September 3^rd

• The Department of Energy (DOE) announced nearly $62 million in funding for 20 projects across 15 states to accelerate the research, development, demonstration, and deployment of next-generation clean hydrogen technologies. DOE explains that this funding will be used for projects to advance critical elements of hydrogen fueling infrastructure, develop and demonstrate hydrogen-powered container-handling equipment for use at ports, and improve processes essential to the efficient, timely, and equitable deployment of hydrogen technologies. Projects receiving funding under this announcement span the following topic areas: (1) Components for Hydrogen Fueling of Medium- and Heavy-Duty (MD/HD) Vehicles, which will develop advanced components to enable gaseous and liquid hydrogen fueling for medium- and heavy-duty hydrogen-powered vehicles; (2) Standardized Hydrogen Refueling Station of the Future, which will develop and demonstrate a low-cost, standardized, and replicable advanced “hydrogen fueling station of the future”; (3) Hydrogen Fuel Cell-Powered Port Equipment, which will design, develop, and demonstrate a hydrogen fuel cell “top loader” (for handling containers) and a mobile refueler at the Port of Oakland; (4) Enabling Permitting and Safety for Hydrogen Deployment, which will identify the primary challenges to siting, permitting, and installation across the value chain from hydrogen production through end-use, and explore opportunities to address them; and (5) Equitable Hydrogen Technology Community Engagement, which will improve the capacity of DOE and DOE-funded projects to conduct effective community-engagement activities.

Thursday, August 29^th

• The Internal Revenue Service (IRS) and Department of Energy (DOE) announced that they received over 800 project proposals seeking a total of nearly $40 billion in tax credits for Round 2 of the Qualifying Advanced Energy Project Tax Credit (48C) program. The IRS and DOE notified applicants on the 48C portal that applications are now open and after initial reviews were encouraged to apply for the next stage of evaluation to determine which projects will receive a tax credit. Specifically, the IRS encouraged more than 450 projects across 46 states and Washington, D.C. that span large, medium, and small businesses and non-profits, all of which must meet prevailing wage and apprenticeship requirements to receive a 30% investment tax credit. The IRS notes that there is up to $6 billion in tax credit allocations for the second round of the 48C program, including approximately $2.5 billion for projects located in 48C designated energy communities. Applicants who submitted a project proposal, whether they received an encourage or discourage letter, may now submit a full application on the 48C portal. Applications are due by October 18, 2024 and applicants are encouraged to use the application templates available in the 48C portal. The IRS also plans to hold a webinar for applicants on September 16, 2024, with registration information to be made available on the Section 48C webpage here.

Wednesday, August 28^th

• The Department of Energy (DOE) announced that it is awarding $12.62 million to 32 local governments, two states and one Tribe through the Energy Efficiency and Conservation Block Grant (EECBG) Program, which provides funding from the Bipartisan Infrastructure Law through formula grants to assist states, local governments, and tribes in implementing strategies to reduce energy use and fossil fuel emissions, and to improve energy efficiency. The selected projects include: (1) $2,068,370 to Arizona to sub-grant funds to local governments to deploy updated energy management systems to increase energy efficiency in 100 government buildings, support clean energy projects such as energy assessments and weatherization upgrades in municipal buildings, and create a centralized digital resource (in partnership with utilities and community based organizations) for Arizonans to find rebates, technical assistance, and other resources to complete energy efficiency projects; (2) $2,101,450 to Maryland to provide sub-grants to small and rural local governments to create or update energy efficiency plans and decarbonization strategies; (3) $777,930 to Charlotte, North Carolina to launch a Solarize Campaign that funds direct solar installation for 25 low-and-moderate income-households, provides technical assistance during the solar purchase and installation process for participating households, and educates the community about the benefits of solar; (4) $764,010 to Montgomery, Maryland to conduct retrofits in at least 12 low-income owner-occupied homes, including installing new HVAC systems, water heaters, appliances and performing electrical repairs, and pilot a program to procure safe cold storage equipment for edible food recovery to distribute to residents living with food insecurity; and (5) $512,750 to Albuquerque, New Mexico to connect smart metering in facilities to an online data analytics portal and add features to measure and visualize energy use and greenhouse gas emissions, and upgrade 200 incandescent bulbs to LED lights in 15 city facilities. The full list of projects is available here. 

Tuesday, August 27^th

• The Department of Energy (DOE) announced 19 state and local governments will receive over $240 million in funding from the Inflation Reduction Act to adopt and implement the latest energy efficient or innovative building codes. These improvements are intended to help save residents and commercial building operators money on their utility bills. The funding is part of the support that DOE is providing to states, localities, territories, and Tribes to advance both traditional and innovative building energy codes resulting in more resilient, efficient, and better buildings. Selected projects include, among others: (1) $19.8 million to Philadelphia, PA to design, develop, adopt, implement, and enforce a building performance standard to maximize emissions reductions from large buildings, while providing robust support programs that will ensure equitable outcomes with high compliance rates; (2) $20 million to Colorado to create a statewide program to provide technical assistance and resources to respond to the needs identified by disadvantaged communities when complying with Colorado’s building performance standard; (3) $19.9 million to Massachusetts to support implementation of their respective building performance standards through direct technical support and capacity building among existing building trades programs; (4) $19.9 million to New York City to support the successful implementation of the City’s building performance standard by increasing compliance support for multifamily buildings across the City, particularly those in disadvantaged communities, and by increasing in-house capacity to monitor, support, and enforce requirements; and (5) $18.1 million to Hawaii to develop and adopt a building performance standard with an objective of simultaneously reducing costs and making resources, jobs, and training available in disadvantaged communities over the course of its implementation. The full list of projects is available here.  

Friday, August 23^rd

• The Department of Energy (DOE) announced the award of $66 million in funding from the Bipartisan Infrastructure Law to 17 states and territories from the Energy Efficiency Revolving Loan Fund (RLF) Capitalization Grant Program. The RLF Capitalization Grant Program provides funding to states and territories to establish or increase revolving funds enabling them to issue loans and grants for energy efficiency audits, upgrades, and retrofits to increase energy efficiency and improve the comfort of buildings. DOE explains that the RLF Capitalization Grant Program will help these states and territories to make capital available to fund energy efficiency projects in public buildings and will encourage financial institutions to enable families and small businesses to save money and reduce their energy costs. States receiving funding under this announcement include: (1) Texas, which will receive $22,365,890 to establish a new revolving loan fund that operationally matches their existing Texas LoanSTAR revolving loan program; (2) Iowa, which will receive $7,068,920 to create a new revolving loan fund for commercial and residential entities; (3) Georgia, which will receive $2,453,810 to stablish a new revolving loan fund for the residential sector, with a primary focus on providing benefits to low-income residents; and (4) Arizona, which will receive $1,690,280 to provide grants and loans to fund energy efficiency projects, including audits and retrofits in the commercial sector. 

Thursday, August 22^nd

• The Environmental Protection Agency (EPA) announced $26 million in funding to address lead in drinking water at schools and childcare facilities. The funding will be used by all 50 states, U.S. territories, and Washington, D.C. to reduce lead exposure. The funding was authorized by the Water Infrastructure Improvements for the Nation Act and is provided to states, the District of Columbia, and participating territories as grants for lead testing and remediation in schools and childcare facilities. The grant program also requires recipients to follow the EPA’s “3Ts” of Training, Testing and Taking Action to build a voluntary implementation program to reduce lead levels in drinking water. 

Wednesday, August 21^st

• The Department of Energy (DOE) announced that it has selected 14 state and territorial weatherization offices to receive $53.6 million in Sustainable Energy Resources for Customers (SERC) grants, which provide low-income households with energy saving measures and materials not traditionally included in DOE’s Weatherization Assistance Program. In addition to standard weatherization measures, such as improving insulation and sealing cracks and gaps, SERC grantees will conduct expanded retrofits of low-income residential buildings and utilize a wide range of technologies, such as solar photovoltaic panels, cold climate air source heat pumps, and triple-pane windows. Among the selected grantees are: (1) New York, which received $25,136,550 for its project “New York State—Housing and Community Renewal SERC Subgrantee Applications”; (2) Georgia, which received $7,500,000 for its project, “Optimized Climate Control in Humid Regions”; (3) Ohio, which received $4,301,375 for its project, “Solar for Ohio’s Appalachian Region (SOAR) and Toledo Green and Healthy Homes Program”; (4) Kentucky, which received $3,222,300 for its project, “Kentucky SERC Project 2024”; and (5) New Mexico, which received $2,000,000 for its project, “SERC Measures for Northern New Mexico.”

Tuesday, August 20^th

• The Environmental Protection Agency (EPA) announced 16 recipients to receive $25.5 million in grants through the Drinking Water System Infrastructure Resilience and Sustainability Program to support drinking water systems in underserved, small, and disadvantaged communities while reducing impacts of climate change. The awards include, among others: (1) $5,255,974 to Newtok Village in Alaska to support construction and infrastructure relocation efforts to protect drinking water system infrastructure from erosion and flooding; (2) $4,651,170 to St. Paul Island City, Alaska to install emergency generators and update infrastructure, including computerized Supervisory Control and Data Acquisition capabilities, to protect drinking water system infrastructure from earthquakes, blizzards, cyclones, and flooding; (3) $3,868,000 to the Clarksburg Water Board in West Virginia to protect the drinking water system from effects of rising temperatures in summer months, when precursor organic compounds lead to increased trihalomethanes production, by installing mixing and aeration equipment in water storage tanks; (4) $3,700,214 to the City of Fresno, California to replace failing water pipes to protect drinking water system infrastructure from drought; and (5) $2,790,000 to Indian Wells Valley in California for water supply enhancement efforts to protect drinking water system infrastructure from drought, earthquakes, and climate change. The full list of awards is available here.

Friday, August 16^th

• The Federal Aviation Administration (FAA) announced $291 million from the Inflation Reduction Act’s “Fueling Aviation’s Sustainable Transition (FAST)” grant program for sustainable aviation fuels and technologies. The FAST grants include: (1) $244.5 million for 22 projects that produce, transport, blend, or store sustainable aviation fuel (SAF) and for scoping studies related to SAF infrastructure needs; and (2) $46.5 million for 14 projects that develop, demonstrate, or apply low-emission aviation technologies. Example grants awards include: (1) $16.8 million to Gevo, Inc. to convert an existing fuel facility in Luverne, Minnesota to a full integrated alcohol-to-jet facility for SAF production; (2) $8 million to JetZero, Inc. to develop key enabling technologies for a highly fuel efficient blended-wing-body airplane, with work to occur in Long Beach California, Wichita, Kansas, and Starkville, Mississippi; (3) $2.7 million to the University of Illinois Urbana-Champaign to build a fast test facility to mature high-power electrified airplane technologies; and (4) $240,000 to the City of Atlanta to conduct a study of regional supply chains, infrastructure, and distribution needs to enable SAF deployment at Hartsfield-Jackson Atlanta International Airport. The full list of grant awards is available here through an interactive map. 

Thursday, August 15^th

• The Department of Health and Human Services (HHS) announced that it reached agreements with all participating manufacturers on new negotiated, lower drug prices for the first 10 drugs selected for the Medicare drug price negotiation program that was included in the Inflation Reduction Act. The new prices will go into effect for people with Medicare Part D prescription drug coverage in 2026. The ten drugs selected for negotiation include: (1) Eliquis, which is used for the prevention and treatment of blood clots, was reduced from $521 for a 30-day supply to $231 (a 56% reduction); (2) Jardiance, which is used to treat diabetes, heart failure, and chronic kidney disease, was reduced from $573 for a 30-day supply to $197 (a 66% decrease); (3) Xarelto, which is used to prevent and treat blood clots and reduce the risk for patients with coronary and peripheral artery disease, was reduced from $517 for a 30-day supply to $197 (a 62% reduction; (4) Januvia, which is used to treat diabetes, was reduced from $527 for a 30-day supply to $113 (a 79% reduction); (5) Farxiga, which is used to treat diabetes, heart failure, and chronic kidney disease, was reduced from $556 for a 30-day supply, to $178.50 (a 68% reduction); (6) Entresto, which is used to treat heart failure, was reduced from $628 for a 30-day supply to $295 (a 53% reduction; (7) Enbrel, which is used to treat rheumatoid arthritis, psoriasis, and psoriatic arthritis, was reduced from $7,106 to $2,355 (a 67% reduction); (8) Imbruvica, which is used to treat blood cancers, was reduced from $14,924 for a 30-day supply to $9,319 (a 38% reduction; (9) Stelara, which is used to treat psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis, was reduced from $13,836 for a 30-day supply to $4,695 (a 66% reduction); and (10) Fiasp, which is used to treat diabetes, was reduced from $495 for a 30-day supply to $119 (a 76% reduction). HHS notes that these 10 drugs are among those with the highest total spending in Medicare Part D. When the negotiated prices go into effect in 2026, HHS estimated that people enrolled in Medicare Part D are estimated to save $1.5 billion in out-of-pocket costs. 

• The Internal Revenue Service (IRS) issued a notice urging businesses that have received Employee Retention Credit (ERC) payments to recheck eligibility requirements and consider the second ERC Voluntary Disclosure Program (VDP) to resolve incorrect claims without penalties and interest. The second ERC VDP will run through November 22, 2024, and will allow businesses to correct improper payments and avoid future audits, penalties, and interest. Applicants that the IRS accepts into the program will need to repay only 85% of the credits they received. This second round is open for tax periods in 2021—employers can’t use the second VDP to disclose and repay ERC money from tax periods in 2020. If the IRS paid interest on the employer’s ERC refund claim, the employer does not need to repay that interest. Employers who are unable to repay the required 85% of the credit may be considered for an Installment Agreement on a case-by-case basis. The IRS will not charge program participants interest or penalties on any credits they timely repay. However, if an employer can’t repay the required 85% of the credit at the time they sign their closing agreement, they’ll be required to pay penalties and interest in connection with an alternative payment arrangement such as an installment agreement. The IRS has provided a set of Frequently Asked Questions about the second ERC Voluntary Disclosure Program to help employers understand the terms of the program. To apply, employers must file Form 15434, Application for Employee Retention Credit Voluntary Disclosure Program, and submit it through the IRS Document Upload Tool.

Wednesday, August 14^th

• The Interior Department (DOI) announced the availability of $775 million in funding from the Bipartisan Infrastructure Law for 21 states to clean up legacy pollution from oil and gas wells and well sites. Under the funding availability, 21 states have been invited to apply for portions of the $775 million in funding that will be distributed as formula grants. These formula grants may be used for, among other things, the following: (1) plugging, remediating, and reclaiming orphaned wells; (2) identifying orphaned wells; and (3) measuring and tracking emissions from orphaned wells. Moreover, the guidance released alongside the funding announcement encourages states to use project labor agreements and a unionized project workforce for the plugging, remediation and reclamation of wells, and requires states to: (1) measure methane emissions from orphaned wells plugged with formula grants; (2) screen for groundwater and surface water impacts caused by orphaned wells; and (3) include their prioritization methods for finding polluted wells that create burdens for nearby disadvantaged communities. The 21 states eligible to apply for the funding have until December 13, 2024 to submit applications. The full list of 21 states can be found here. 

Friday, August 9^th

• Sen. Ed Markey (D-MA) and Rep. Raul Grijalva (D-AZ) sent a letter to the Department of Transportation’s Maritime Administration (MARAD) calling for the approval criteria for deepwater terminals to be expanded to factor in criteria like public health, environmental justice, and impacts on climate change. In the interim, the lawmakers urged MARAD to pause licensing decisions for new and pending deepwater oil export projects—including Blue Marlin, Bluewater, and Gulflink offshore Texas—and reopen the record of decision for the recently approved Sea Port Oil Terminal (SPOT). 

Thursday, August 8^th

• The Financial Crimes Enforcement Network (FinCEN) announced the launch of a public service announcement (PSA) campaign as part of its ongoing efforts to educate the small business community about new beneficial ownership reporting requirements. To directly reach business owners, educate stakeholders about these reporting requirements, and encourage compliance, television and radio PSAs are now running nationwide in tandem with digital and print ads.

Wednesday, August 7^th

• The Department of Energy (DOE) announced nearly $85 million across four heat pump manufacturers—A.O. Smith, BITZER Scroll, Inc., Daikin Comfort Technologies North America, Inc., and Modine Manufacturing Company—to accelerate the manufacturing of electric heat pumps, heat pump hot water heaters, and heat pump components at five factories in New York, Tennessee, Texas, and Rhode Island. Together these investments will allow for U.S. manufacturing of an additional 155,000 residential heat pumps, 440,000 residential heat pump water heaters, 2,000 school heat pumps, and 20,000 large heat pump compressors each year. The projects, administered by DOE’s Office of Manufacturing and Energy Supply Chains, would collectively create over 500 good-paying jobs, including 220 jobs in disadvantaged communities. More information about the projects selected for award negotiations is available here.

Monday, August 5^th

• The Energy Department (DOE) announced selections for the 2024 Renew America’s Schools Prize and Grant, a three-phase, $190 million investment funded by the Bipartisan Infrastructure Law to help K-12 public schools make energy upgrades that will decrease energy use and costs and improve air quality. Projects include: (1) new heating, ventilation, and air conditioning systems; (2) building envelop and lighting upgrades; (3) alternative fuel (such as electric) vehicles and infrastructure; and (4) renewable energy technologies. The schools and school districts that received funding under the Renew America’s Schools Prize and Grant are available here.

• The Interior Department announced a nearly $105 million investment from the Bipartisan Infrastructure Law for 67 water conservation and efficiency projects in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, Texas, Utah, and Wyoming that will enhance drought resilience. The eligible water infrastructure projects include water storage, rural water, water conservation and conveyance, dam safety, water purification and reuse, desalination, and nature-based solutions. The complete list of projects can be found on the Bureau of Reclamation’s website here. 

Around the Country 

Northeast

• On September 3^rd, the Department of the Interior (DOI) announced $76.4 million from the Bipartisan Infrastructure Law for Pennsylvania to plug approximately 550 orphaned oil and gas wells over the next five years. DOI said that this funding will help create good-paying union jobs, catalyze economic growth and revitalization, and reduce environmental and public health impacts from methane leaks. This announcement is part of an overall $660 million in Phase 1 formula grant funding being released on a rolling basis. As part of the award, Pennsylvania will detect and measure methane emissions from orphaned oil and gas wells, screen for groundwater and surface water impacts, and prioritize cleaning up wells near overburdened and disadvantaged communities.  

West

• On September 3^rd, the Department of the Interior (DOI) announced the availability of $55 million in funding from the Inflation Reduction Act to support a variety of projects designed to bolster water management flexibility and reliability in the western United States. Projects that will receive funding under this announcement include those aimed at developing new infrastructure, upgrading existing infrastructure, recharging aquifers, advancing water recycling and treatment, strengthening innovative technologies to address water scarcity challenges for water users, and constructing domestic water supply projects that benefit Tribes and disadvantaged communities. The window to submit applications for this funding will be open until October 7, 2024.

Midwest 

• On August 6^th, the Environmental Protection Agency (EPA) announced a $1 million Innovative Water Workforce Development Grant to Grand Rapids Community College in Grand Rapids, Michigan. The grants program supports career opportunities in the drinking water and wastewater utility sectors and expands public awareness about drinking water and wastewater utilities. Activities funded under the grant program include: (1) targeted apprenticeship, pre-apprenticeship, internship, and post-secondary bridge programs; (2) regional industry and workforce development collaborations to address water utility employment needs and coordinate candidate development; (3) occupational training, mentoring, or cross-training programs that ensure incumbent drinking water and wastewater utility workers are prepared for higher-level supervisory or management-level positions; and (4) integrated learning laboratories in secondary educational institutions. 

Southeast

• On August 7^th, the Environmental Protection Agency (EPA) announced a $171 million Water Infrastructure Finance and Innovation Act (WIFIA) loan to the Birmingham Water Works Board in Alabama. The loan is intended to support improvements to the drinking water supply in the city of Birmingham, including allowing the city to complete a major upgrade of its distribution system to prevent water loss and safely store treated drinking water for distribution to its customers. The EPA estimates that the project’s construction and operation will create about 1,200 jobs. 

Southwest

• On August 29^th, the Department of Energy (DOE) announced that Arizona has launched the first phase of the Inflation Reduction Act funded Home Energy Rebates Program to support low- and middle-income households with the costs of energy efficiency improvements and to help lower monthly energy bills. Arizona’s Home Energy & Appliance Rebates (HEAR) Program, the first phase of the federal program, will provide point-of-sale rebates between $4,000 and $8,000 for eligible homeowners of single-family homes to purchase and install ENERGY STAR-certified electric heat pumps for space heating and cooling. The second phase of the program, to be launched later, will provide up to $14,000 in rebates for lower- and middle-income homeowners and renters to upgrade equipment and appliances, including up to: (1) $4,000 for an electrical panel; (2) $2,500 for electrical wiring; (3) $1,750 for an ENERGY STAR-certified electric heat pump water heater; (4) $1,600 for insulation, air sealing, and mechanical ventilation products; and (5) $840 for an ENERGY STAR-certified electric heat pump clothes dryer and/or an electric stove, cooktop, range, or oven. Arizona is the second state to launch the HEAR portion of the rebate program after New York did so in May 2024.