ASA on Capitol Hill During High Performance Building Week

Capitol Hill
 

High Performance Building Week - Prior to the July 4^th break, ASA VP of Advocacy Steve Rossi was on Capitol Hill with several colleagues during High Performance Building Week, educating lawmakers and their staffs on priority policies of importance to our industry including Workforce Investment and Opportunity Act reauthorization; the retention of the Healthy H₂O Act within the Farm Bill; providing consistent funding for efficiency programs like NIST plumbing research, EPA WaterSense, and DOE/EPA Energy Star; among others.  Along with two days of scheduled meetings in the Senate and the House, over 50 Congressional staffers took in an expert panel that discussed extreme heat resilience for buildings and how to best protect inhabitants. 
 

Supreme Court/Regulatory Challenges
 

Over the last few weeks, there have been numerous legal developments in areas that directly affect our industry, a brief overview of each issue:
 

Loper Bright Enterprises v. Raimondo – On June 28^th in a 6-3 decision, the Supreme Court largely overturned the 1984 Chevron ruling.  This decision will have far-reaching implications that will allow businesses to challenge or avoid many regulatory decisions made by executive branch agencies.  Under Chevron, courts were required to defer to federal agencies when it came to laws with ambiguous language, and they will no longer have to do so because of this decision. With the Loper Bright ruling, the decision is having immediate effect on other rules including the FTC Non-Compete Ban and the DOL Overtime rule (more below).
 

FTC Non-Compete Ban – After being challenged by several business associations in the Northern District of Texas, U.S. District Judge Ada Brown partially blocked the ban’s implementation on July 3^rd and said she would provide a final ruling before August 30^th.  This challenge, arguing that the Federal Trade Commission overstepped its legal authority, comes after the FTC voted 3-2 in April to ban non-compete agreements for most workers who have them.
 

Corporate Transparency Act (CTA) – While legal challenges to the CTA continue, a two-page overview from the S Corporation Association on what the CTA is and compliance issues can be found here.   
 

DOL Overtime Rule – Last week, a federal judge in Texas denied a motion for a preliminary injunction to stop the DOL Overtime Rule nationally (there is an injunction in the State of Texas).  The rule went into effect on July 1.  The motion was denied due to the plaintiff failing to prove that the rule would cause the business irreparable harm.   However, this is not the end, and the Loper Bright Supreme Court ruling will likely be cited in future litigation.
 

OSHA Worker Heat Stress NOPR – Last week, the Occupational Safety and Health Administration (OSHA) issued a Notice of Proposed Rulemaking (NOPR) that would require employers to take additional steps to protect workers from indoor and outdoor heat related illnesses and fatalities. More on the NOPR can be found here.
 

California
 

Lead Solder and Flux – ASA recently received notice from the California Department of Toxic Substances Control regarding the California Lead in Plumbing law.  According to the notice, DTSC visited plumbing supply retailers throughout the state and found that each of the stores they visited were selling solder that contains up to 60% lead.  California law prohibits the sale of all lead solder even if it is marked “not for plumbing” or “electrical solder.”  The maximum amount of lead allowed in solder and flux is 0.2% lead. In addition, the notice is likely an indicator that enforcement efforts may begin to occur.  More on this can be found here. 
 

AB 1851 – ASA has continued to be actively engaged with this legislation that involves a lead testing pilot program for school drinking water. This bill has passed out of the House and is currently being reviewed in the Senate Appropriations Committee.  More on the bill and its status can be found here.
 

California Climate Bond – The ballot measure to approve a $15.5 billion general obligation bond to combat climate change has been approved by both houses and signed by the Governor.