The Biden Administration will drop a pro-PLA proposed rule expected to be officially published in the federal register tomorrow. There is a 60-day comment period on the proposed rule. The rulemaking seeks to implement and seems to be similar to and fairly consistent with Biden’s EO 14063. There are still some unresolved questions on exemptions for PLA projects and regulatory impact analysis to be flagged by the Small Business Administration, etc. [More to follow on this #BreakingNews].
Also, with respect to the recently signed into law so-called “Inflation Reduction Act,” buried in the massive $750 Billion bill are some concerns about controversial labor policies that will needlessly increase costs, reduce competition and undermine America’s swift transition to clean energy. These center around the unprecedented expansion of Davis-Bacon Act requirements (and government-registered apprenticeship mandates) via the U.S. tax code onto private green energy projects. This certainly raises the stakes on the forthcoming U.S. Department of Labor final rule implementing changes to Davis-Bacon Act regulations (and likely legal challenge).