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News|March 21, 2022

Government Affairs Update and Key Dates

Construction General Permit 2022 (CGP)

The CGP covers stormwater discharges associated with construction activities, which disturb one or more acres of land, or will disturb less than one acre, but are part of a common plan of development or sale that will ultimately disturb one acre or more. Categories of facilities that can be covered under this permit include construction of buildings (NAICS code: 236) and heavy/civil engineering construction (NAICS code: 237).

The largest and most impactful proposed change in the CGP is the inclusion of additional Total Maximum Daily Load (TMDL) pollutants and their accompanying Numeric Action Levels (NALs) and Numeric Effluent Limitations (NELs). As the language is currently written, there appears to be a lack of clarity surrounding the TMDLs and uncertainty on the feasibility of implementation and ability to comply using available treatment technologies.

Important dates to mark on your calendar:

  • Proposed release of new CGP draft: March 30, 2022
  • Public Workshop: April 19, 2022
  • Adoption: Mid-July 2022

CARB Regulation for In-Use Off-Road Diesel-Fueled Fleets

This regulation applies to any person, business, or government agency who owns or operates within California any vehicles with a diesel-fueled or alternative diesel fueled off-road compression-ignition engine with maximum power (max hp) of 25 horsepower (hp) or greater provided that the vehicle cannot be registered and driven safely on-road or was not designed to be driven on-road, even if it has been modified so that it can be driven safely on-road.

As the language is currently written, there appears to be major added costs to Prime Contractors. For example, the Prime would not only need to collect Certificate of Reported Compliance and Off-Road Diesel Vehicle Certificates, but they would also need to conduct a burdensome review of their fleets. Additionally, the Prime would be penalized indirectly if the fleets do not provide the certificates or if there are discrepancies by not allowing the fleets on-site. It will also require the Prime Contractor to report their fleet to CARB if the Prime discovers that the fleet does not have an Off-Road Diesel Vehicle Certificate, an EIN label, or has discrepancies between the fleet’s submitted Off-Road Diesel Vehicle Certificate and the vehicle on the job site.

Important Dates:

  • Last workshop was scheduled December 14, 2021
  • CARB has not provided any dates for future workshops, public comment submittals, or adoption dates

PR 403.2 Fugitive Dust from Large Roadways

On Thursday, March 17, AGC staff along with other coalition association organizations met again with SCAQMD staff to continue working on PR 403.2. At the meeting, SCAQMD staff proposed several changes to the draft language that will likely be formally released on April 6, 2022. First, SCAQMD staff proposed a change to the definition of Large Roadway Projects; specifically, SCAQMD plan to expand the list of low dust potential maintenance activities exempt from the rule. Staff is also considering alternatives to the 3-foot pile height in the prohibition zone. Second, SCAQMD staff proposed a change to the 100,000 vehicle limit; specifically, they plan to adjust the definition to be based on functional classifications of roads consistent with Caltrans. Staff will provide maps and/or references in the April 6th release clearly identifying which roadways are applicable to the rule.

Additionally, SCAQMD posted a list of their public complaints regarding fugitive dust on their website on March 16, 2022. Please click here for more information.

Lastly, it was discussed whether SCAQMD is willing to conduct a cost-benefit analysis relative to PR 403.2. SCAQMD staff responded that a cost-benefit analysis would not be possible due to the lack of available research on this topic and that the regulation is not significant enough to consider conducting their own research studies.

Important dates to mark on your calendar:

  • Stationary Source Committee Meeting: March 18, 2022
  • Set Hearing: April 1, 2022
  • 30-Day Package Release: April 6, 2022
  • Governing Board Hearing: May 6, 2022 at 9 a.m.

AGC Legislative Committee Met on March 17 to review and evaluate 2022 legislation:

On Thursday, March 17, AGC’s legislative committee met to consider and take positions on bills introduced for the 2022 legislative session. Overall, the committee reviewed, discussed, and evaluated over 175 measures taking support and opposition positions on several bills addressing a variety of public policy issues. Stay tuned for an updated bill list with AGC’s positions and industry “bills of interest” posted on our website later this week.

Los Angeles County Updated Vaccination Policy

On March 13, Los Angeles County updated its vaccination policy to reflect changes advocated by AGC of California. Based on the direct impact of the county’s vaccination mandate issued December 2021, AGC took the initiative to provide solutions to the County to mitigate the risk and safeguard our members’ rights. After direct conversations with the CEO’s office, AGC staff was able to persuade County CEO staff to make changes to the policy to now explicitly give contractors the ability to certify the vaccination status for their own employees of record and submit those certifications to the general contractors. This will now be done with construction-specific certification forms. The updated policy can be found here. Additionally, the FAQs stating these changes can be found here.

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