Your NMUCA Board of Directors & Staff
Contact Us - Staff and Board of Directors
President, Troy Otero, Groundhog Construction Services 505 243 2133
Vice-President, Clay Blair, RMCI Inc. 505 345 0008
Secretary/Treasurer, Mike McCalmont, 4 Rivers Equipment 505 884 2900
Past President, Dub Girand, Highway Supply LLC 505 345 8295
Director Darrin Howells, AUI Inc. 505 242 4848
Director Mike Smith, TLC Plumbing & Utility 505 761 9696
Director Joe Menicucci, Contech Engineered Solutions 505 842 8282
Director Reinee Peacher, DuCross Construction 575 636 3023
Director Jenice Gallegos, wood. 505 821 1801
Director Kelley Fetter, E2RC 505 867 4040 
Scott Peck, MP Group 505 340 2015
Executive Director, Jane Jernigan 505 888 0752

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Jane Jernigan, Executive Director
New Mexico Utility Contractors Association 
505 888 0752 Phone
505 362 8950 Cell 

Thank You 2021 Platinum Investment Sponsors
Upcoming in your mailbox..............
  • Safety Award Announcements
  • Zia Partnership Recipients
  • Safety Updates
  • Human Resources Tips and Updates
NMUCA Membership Meeting


The Safety Awards and Zia Partnership Recipients
will be recognized at this meeting.

Overdose Awareness Day
Last year our Safety Committee shared information on suicide prevention and drug use in the construction industry. Our industry is 2nd overall in suicides preceded only by mining and oil and gas industry. The best prevention is recognizing signs that someone is at risk.

According to The American Association of Suicidology, New Mexico ranks number one in the nation for suicide deaths, and the construction industry rates as one of the highest industries to see suicide deaths.

Please Click These Links For Resources





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Last Ditch Open 2021
Title Sponsor
DETAILS


· Check in Starts at 7:15 am
· Driving Range
· Putting Green
· Carts
· Tournament Gifts
· Scramble
· Post Tournament Lunch
· Awards Presentations
· Door Prize Giveaways
· Raffle Tickets
· On Course beverage coupons
· Hole in One Contest  
· Closest to the Pin
· Longest Drive

Single Player
$200
Team of 4
$800
More Fore Four*
$1000
Hole Sponsor
$250

*More Fore Four includes: 4 players, hole sponsor, 12 Mulligans, 12 Raffle Tickets, 10ft string
 
Last Ditch Open
 
Shot-Gun Start at 8:00 am
 
Scramble Format
 
Sandia Golf Club
 
September 10, 2021  
 
Beverage Coupons
Golf Balls
Breakfast
Lunch
Sponsorships
Available

Hole Sponsors:
Advanced Environmental Solutions
Vermeer Southwest
814 Solutions
Rain For Rent
Rinker Materials
AUI Inc.
RMCI Inc.
TLC Plumbing & Utility
PRC
4 Rivers
B2W
MT Private Utility Locating Services

On Course Beverage
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Update From The Hill
July 1, 2021

PRESIDENT BIDEN STRIKES A $1.2 TRILLON STIMULUS DEAL
Whether through a stimulus package, base bills, or both, several items we have been advocating for have the real potential to significantly boost water infrastructure construction spending and more.
Last week’s announcement from President Biden on a bipartisan infrastructure package was met with disagreement from the extremes of both parties. The agreement focuses on investments in roads, railways, bridges and broadband internet, but it does not include investments Biden has referred to as "human infrastructure," including money allocated for childcare and tax credits for families.
The attached report from Key Advocates highlights what’s included in the agreement and the plan to pay for the $1.2 Trillion / 8 Year plan with more than $500 billion in new spending. In addition, Sante Esposito has provided a comparison to the President’s original proposal. Here's a look at what's included in the agreement for water and “other” related infrastructure, according to the White House fact sheet:

  • Water and “other” infrastructure: $266 billion in Total
  • Water: $55 billion
  • Broadband: $65 billion
  • Environmental remediation: $21 billion
  • Power, including grid authority: $73 billion
  • Western water storage: $5 billion
  • Resilience: $47 billion

CONGRESS CONTINUES TO ADVANCE BASE FUNDING BILLS

In addition to the stimulus package, both houses of Congress have been working to advance infrastructure base funding bills, with the House expected to hold a floor vote next week on the INVEST In America Act, which is inclusive of both transportation and water infrastructure.

For water infrastructure, the House Energy and Commerce Committee bill includes $53 billion for the Drinking Water State Revolving Fund and $45 billion to replace lead service lines, as well as $40 billion for the Clean Water State Revolving Fund. In the upper chamber, as previously reported, the Senate Environment and Public Works Committee in May advanced a surface transportation reauthorization bill that would increase funding by about 34% over FAST Act to a baseline of $303.5 billion over five years.

Just a few weeks prior, the full Senate also passed S.941, “Drinking Water and Wastewater Infrastructure Act of 2021” which reauthorizes the Clean Water and Drinking Water State Revolving Funds at $3.25 billion annually over five years for a total of $14.65 billion.

While very different in size and scope, both the Senate and House proposals represent an increase in funding for water (and transportation) infrastructure. Much remains to be seen in how the two chambers will reconcile their numbers, but one thing is certain: there will be a great deal of negotiation before either the stimulus bill or the base bills are passed in full.

FY 2022 BUDGET – INFRASTRUCTURE FUNDING

As previously reported, President Biden released a $6 Trillion budget for fiscal year 2022, which includes new details on his previously proposed American Jobs Plan (AJP).
Funding for water infrastructure would be increased under the proposal, including:
• $1.36 billion for the Drinking Water State Revolving Fund ($1.13 billion in FY21)
• $1.87 billion for the Clean Water State Revolving Fund ($1.64 billion in FY21)
• $72.2 million for the Water Infrastructure Finance and Innovation Act (WIFIA) program ($59.5 million in FY21)
• $81.5 million for Reducing Lead in Drinking Water grants, which help communities and low-income homeowners replace lead
service lines ($21.5 million in FY21)

For transportation, the budget proposal would maintain existing funding levels for core highway, transit, and airport programs, and calls for a modest increase to transit construction by way of Capital Improvement Grants. It is worth noting that when coupled with the AJP, the proposal does represent a 5-year funding plan; however, it does not contain a full policy proposal for a surface transportation reauthorization bill, nor does it address projected shortfalls in the Highway Trust Fund. Included in the proposed budget:

• $47 billion for Federal Highway
• $12.5 billion for Public Transportation
• $3.3 billion for the Airport Improvement Program

Senate Republicans released a second counter proposal to the AJP, this time upping the ante to $928 billion, which is a significant step forward from their initial $568 billion offering in late-April. The Republican proposal includes the Surface Transportation Reauthorization Act of 2021, a multi-year funding bill unanimously approved May 26 by the Senate Environment and Public Works Committee that increases highway, road, and bridge funding by 34% over baseline. The shift comes days after Biden offered to cut $550 billion from his original proposal, moving the two sides closer than they have ever been, and showing genuine negotiations between the two sides. The Senate Republican counter proposal includes:
• $506 billion for roads, bridges and major projects — a $91 billion increase
• $65 billion for broadband
• $48 billion for water infrastructure
• $25 billion for airports
• $22 billion for freight and passenger rail

Although there is still a large gap between them, both proposals bring us closer to some sort of funding package and give hope that the long-promised investment will finally come to fruition. One place where the conversation continues to diverge is in how the plans would be paid for. President Biden has proposed increased taxes on large corporations and high-earning individuals, while the Senate GOP is looking to repurpose existing COVID-19 funds, an approach that White House officials have repeatedly rejected.

The advancement of both proposals is encouraging, although many challenges still remain. No matter what form it takes, an infrastructure investment at the scale of either proposal would be transformative for the nation and a boon for the construction industry. The CWCC will continue to advocate for increased funding for the SRF and other critical programs.

What’s next: The President’s budget begins the annual appropriations process and serves as an outline for Congress of the Administration's spending priorities for the upcoming fiscal year. The budget is a proposal, and final investment decisions will be negotiated between Republicans and Democrats in the coming months.

Human Resources - Compliance Corner

Employer's Duties for
Employee Background Checks




Duties of Employers Who Intend to Use Employee Background Checks

The Disclosure Form -- The FCRA requires that a company disclose to the applicant or employee that a background check will be obtained for employment purposes. This disclosure must be made in a document that consists only of the disclosure. 15 U.S.C. § 1681b(2)(A)(i). In other words, the disclosure form should be a single page consisting of only the text necessary to inform the applicant or employee that the employer intends to obtain his criminal background check or other consumer report.

The Applicant’s or Employee’s Written Authorization-- The FCRA also requires that the employer obtain the applicant’s or employee’s written authorization to procure a background check or consumer report. The FCRA allows the employer to include this written authorization, typically a signature line confirming that the consumer report has been authorized, on the disclosure form described above
 
Dealing With A Derogatory Report

When a report contains information that could negatively impact an individual’s eligibility for hire or promotion, the FCRA requires that certain steps be taken by users of background checks or other consumer reports in the employment context. It is of the utmost importance that these steps be completed before any “adverse action” is taken with respect to the applicant or employee. An “adverse action” is defined broadly under the FCRA and includes, among other things, an employment denial, termination, or any unfavorable change in employment.

An entity considering taking adverse action based in whole or in part on a background check must do the following, before taking the adverse action:
1. Provide the applicant or employee with a copy of the background check or other consumer report.

2. Provide the applicant or employee with a summary of his rights under the FCRA, as prescribed by the Federal Trade Commission. See FCRA Summary of Right, http://www.ftc. gov/bcp/edu/pubs/consumer/credit/cre35.pdf
 
Taking An Adverse Action

After providing the pre-adverse action notice described above, the employer must wait a reasonable period of time before taking any adverse action − typically declining to hire or promote the individual − based in whole or in part on information in a background check. Upon taking an adverse action, the employer must provide notice to the consumer of the action. This is a second, distinct notice from the pre-adverse action notice described above.

 Such notice may be provided orally, in writing or electronically and must contain or include the following:

1. The name and contact information for the consumer reporting agency that provided the background check on which the adverse employment decision was based. The contact information provided should include the name, address, and phone number for the consumer reporting agency. If a toll-free telephone number is available for the consumer reporting agency, it should be provided to the applicant or employee.

2. A statement advising the individual that the consumer reporting agency did not make the adverse employment decision and cannot, therefore, provide any reasons why the adverse action was taken.

3. Notification that the applicant or employee is entitled to receive a free copy of the background check or consumer report on which the adverse action was based. The applicant or employee has a 60-day period in which to obtain his free report, and the employer’s notice to the applicant or employee must so state.  

4. Notice to the employee or applicant of his right to dispute the information in his background check with the consumer reporting agency that furnished it.

Information summarized from Fair Credit Reporting Act. Always seek legal council when creating, changing, or updating an employment policy.

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