119th Congress Opens, Trump Administration Issues Numerous Executive Orders
By Zack Perconti
The first excavator bucket into this year’s fertile legislative ground for NUCA began with the opening of the new 119th Congress on Jan. 3, launching what is sure to be a busy sprint through an aggressive 2025 advocacy agenda on behalf of our members.
Amid a host of other issues, this session NUCA will be emphasizing four key areas: 1) defending and strengthening federal investment in water and other underground infrastructure, 2) fighting for sensible permitting reforms and damage prevention legislation, 3) working with Congress to advance critical workforce development legislation, and as always 4) pursuing a pro-infrastructure and pro-business agenda.
2025 will be building off our successes in 2024, which notably includes a year-end passage of the Water Resources Development Act (WRDA), which funds U.S. Army Corps of Engineers projects nationwide for the next two years.
First, NUCA will continue in 2025 to actively fight to preserve and increase funding for critical water infrastructure programs, such as our two critical State Revolving Funds, managed by the EPA. At press time, Congress has still yet to pass most of the FY2025 appropriations bills, but an agreement on topline spending numbers between House Republican leadership and Democrats seems to be holding – paving the way for flat spending on water infrastructure between 2023 and 2025.
While our infrastructure desperately needs a funding increase – especially with federal demands to accelerate lead service line replacement and other regulatory burdens – with the 119th Congress, avoiding a proposed cut is a massive victory. At this stage and with a debt ceiling fight looming over the first hundred days of the Trump Administration, it is likely that Congress may close out most of the remaining time in FY2025 on a continuing resolution and focus their work on FY2026.
Right away, NUCA is setting to work making your voice heard in Congress on significant infrastructure and business legislation, such as:
- Highway Bill. The 2025 Congressional calendar includes major surface transportation legislation that, aside from certain elements of the Inflation Reduction Act, is likely to be the largest infrastructure legislation since the passage of the 2021 Infrastructure Investment and Jobs Act.
- Tax Reform Package. NUCA will be working with other business and trade associations to advance pro-business, pro-construction language in the upcoming expected reconciliation package. Many elements of the 2017 Tax Cuts and Jobs Act (TCJA) have already or will soon expire, giving the new GOP Congress an opportunity to reform and reauthorize the language, and ensure a healthy tax policy that supports both our supplier members and enables the infrastructure buildout. We are expecting tax reforms to include the R&D tax credit, bonus depreciation, and interest deductibility, and may include other long-sought tax reform proposals to boost the national economy.
Other unfinished business from the last Congressional session still awaits action. The Pipeline Safety and Hazardous Materials Administration (PHMSA) re-authorization under the PIPES Act – and its associated NUCA-supported damage prevention language – is now far beyond its previous expiration date of Sept. 30, 2023. This critical piece of legislation, if passed along the lines of the legislation we supported in the last Congress, will support our advocacy efforts to improve dig law and damage prevention at the state level–and is a major priority for NUCA National in early 2025.
NUCA is also looking ahead in 2025 to major workforce development legislation, including the Workforce Innovation and Opportunity Act (WIOA), various bills pertaining to the expansion of Pell Grant eligibility to short term vocational training programs, and the potential reauthorization of the Carl D. Perkins Career and Technical Education Act supporting our nation’s trade schools.
At the other end of Pennsylvania Avenue, since taking office on Jan. 20 the new Trump Administration has released a flurry of Executive Orders (EO), some affecting our industry and projects underway.
In the Administration’s first week, NUCA closely monitored a potential pause of funds appropriated under the NUCA-supported 2021 Infrastructure Investment and Jobs Act (IIJA) or the 2022 Inflation Reduction Act. The White House swiftly issued a memo which we distributed to all NUCA members clarifying that Section 7 of the “Unleashing American Energy” EO does not apply to water infrastructure, road, or broadband funding. Certain energy and electric related projects mentioned in the EO, including electric vehicle charging stations that our industry could have contributed to their construction, remain paused pending review.
Other notable industry EOs signed on his first day in office include, but are not limited to:
• “Regulatory Freeze Pending Review:” States all rules unpublished in the Federal Register have been withdrawn, and all published rules are postponed for 60 days pending review.
• “Unleashing American Energy:” Opens up new possibilities for new energy infrastructure such as pipelines, and promises further regulatory review to remove “undue burdens” on developing domestic energy resources.
- “Temporary Withdrawal of All Areas on The Outer Continental Shelf From Offshore Wind Leasing…:” NUCA has concerns with this EO, as it conflicts with this industry’s advocacy for developing all resources for generating electric power, including wind and solar. There are many solutions available to achieve U.S. energy independence, and all must be explored and utilized. Our industry has adopted an “All of the Above” energy policy, and continues to advocate for policies that encourage production of all forms of American energy.
Legal challenges are expected on many of these executive orders, in several instances setting up a fight over the constitutionality of “impounding” funds appropriated by Congress. This was an issue last explored in the 1980s by the Reagan Administration, but it appears the Trump White House is seeking to reopen this Watergate-era constitutional battle in a new decade and with a new conservative U.S. Supreme Court.
NUCA’s government affairs staff and committee are reviewing these EOs and the many others issued or in the process of being issued by the White House. We will release more information in the months ahead about them to our members, including our interpretation of possible impacts upon our industry.
Some of these appear to be immediate positive changes for the general American business environment, whereas others may pose challenges to some of our members and their work. Many will affect how we do business over the next several years, and we want to ensure all our members’ questions about their impact are answered. These have the potential to be monumental changes to our nation, and we will interpret them for you to help in the success of your business.
NUCA is also shaking things up in 2025, thanks to the hard work and valuable input from our members and our Government Affairs Committee. Our newly formed Government Affairs Committee Working Group has helped us make great strides already overhauling our advocacy program to better represent the interests of our members.
We are also looking forward to hosting some of those committee members in D.C. in late February, when we have meetings planned with key federal agencies in the new Trump Administration and with Congressional leaders in D.C. Those meetings will help pave the way for our upcoming May 13-14 Washington Summit, which we encourage you to attend with your Chapter delegation. (Registration is now open at WeDigAmerica.org.)
As always, if you are interested about the work of the NUCA Government Affairs program, the National Government Affairs Committee, or our National Government Affairs events, please feel free to reach out to me on email at zackp@nuca.com. I hope to see you in Washington D.C. later this spring!
Zack Perconti is the Vice President of NUCA Government Affairs.
