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Government Relations - General Information (Public)

Pennsylvania Bill to Amend Little Miller Act Passes SenateOpen in a New Window

  Pennsylvania Bill to Amend Little Miller Act Passes Senate 

The Pennsylvania Senate has passed SB 344, which would revise the Little Miller Act to repeal the broad discretion granted to state and local public contracting entities to accept “any financial security” to secure performance and payment obligations, and to set forth specific acceptable forms of security, including performance and payment bonds.

Members should visit Government Relations / General Info (Members) for more information.


 

Surety & Fidelity Legislative Overview Report for August Posted for MembersOpen in a New Window

  Surety & Fidelity Legislative Overview Report for September Posted for Members 
Report is available for Members on the Weekly Legislative Reports page.

 

City of Baltimore Proposes Procurement Regulations with Contractor Self-Insurance ProgramOpen in a New Window

  City of Baltimore Proposes Procurement Regulations with Contractor Self-Insurance Program 

The City of Baltimore has proposed procurement regulations for public works projects and for goods and services contracts. This is the first time that the City of Baltimore has proposed detailed regulations to implement provisions from its City Charter, which requires a good and sufficient performance bond, irrevocable letter of credit (LOC), or certification that the successful bidder meets the requirements under the City’s self-insurance program for performance coverage. The proposed regulations would require payment and performance bonds, LOCs and certification of self-insurance for the City’s public works projects. The amount of the bonds or LOC would have to be 100% of the contract price for construction contracts. Baltimore’s City Code also contains provisions pertaining to the self-insurance program for contracts under $200,000, which is consistent with the exceptions in the Little Miller Act for the City.

Members should visit Government Relations / General Info (Members) for more information.


 

D.C. Bill Introduced to Address SFAA's Recommendations to Help Small BusinessesOpen in a New Window

  D.C. Bill Introduced to Address SFAA's Recommendations to Help Small Businesses 

The District of Columbia City Council has introduced LB 863, which would repeal a requirement for joint ventures that include a certified local, small, disadvantaged, or veteran-owned business enterprise that requires bonds for the project that the joint venture performs to be provided by the certified business enterprise (CBE) and that the certified business enterprise is solely and individually liable as the principal to the surety for at least 51% of each claim asserted under the bond. SFAA worked with the D.C. government to explain the problems with these provisions for CBEs to get the bill introduced. We have obtained the support of the D.C. Mayor to repeal these provisions.

Members should visit Government Relations / General Info (Members) for more information.


 

New York Legislature Passes Revised Bond Requirement for Used Motor Vehicle DealersOpen in a New Window

  New York Legislature Passes Revised Bond Requirement for Used Motor Vehicle Dealers 

The New York legislature has passed AB 8166, which would revise the bond required in connection with registration for used motor vehicle dealers to require a $20,000 surety bond if they are making a first application or sell 50 or fewer motor vehicles in the previous calendar year. The bill would require a $100,000 surety bond if a used motor vehicle dealer sells more than 50 motor vehicles in the previous calendar year.

Members should visit Government Relations / General Info (Members) for more information.


 

Bond Threshold Bill Introduced in New JerseyOpen in a New Window

  Bond Threshold Bill Introduced in New Jersey

In New Jersey, SB 2504 has been introduced to increase the bond threshold from $200,000 to $300,000 and to provide for the threshold to be adjusted for inflation going forward. The bill has failed in prior sessions and no committee hearings have been requested, according to AIA. We are monitoring the bill for any necessary action.

Members should visit Government Relations / General Info (Members) for more information.


 

Federal Agency Proposes Rule Requiring Bonding for Construction Loan GuaranteesOpen in a New Window

  Federal Agency Proposes Rule Requiring Bonding for Construction Loan Guarantees 

The Economic Development Administration (EDA) has proposed revised regulations that would implement a law authorizing loan guarantees for small- and medium-sized manufacturers for the use or production of innovative technologies. If the loan that is being guaranteed will finance construction, the lender must use a construction management company or the borrower must supply a 100% payment and performance bond and builder’s risk insurance, unless waived by EDA.

Members should visit Government Relations / General Info (Members) for more information.


 

P3 Water Projects Bill Introduced in MassachusettsOpen in a New Window

   P3 Water Projects Bill Introduced in Massachusetts

Massachusetts SB 2442 has been introduced to authorize the use of public-private partnerships for public water supply, storm water, and waste water projects. The bill would require the P3 agreement to include requirements for the delivery of maintenance, performance and payment bonds or letters of credit in connection with the acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance or operation of the project. The bill is similar to SB 1722, which passed out of committee, but failed to move any further this year. SFAA and AIA are working to determine the viability of SB 2442. Massachusetts is in informal session for the rest of the year.

Members should visit Government Relations / General Info (Members) for more information.


 

New Jersey Governor Signs P3 Bill for County Hospitals with Bonding RequirementsOpen in a New Window

  New Jersey Governor Signs P3 Bill for County Hospitals with Bonding Requirements 

The New Jersey Governor signed SB 2361, which permits counties that own an 800-bed hospital to form a local hospital authority that may enter into a public-private partnership for the construction, reconstruction, repair, alteration, improvement, extension, management, or operation of a building, structure, or facility for the hospital. When there is no public funding, the public owner must require the private partner to post, or cause to be posted, a bond that guarantees the prompt payment of moneys due to the contractor, his or her subcontractors and to all persons furnishing labor or materials to the contractor or his or her subcontractors for the public improvement.

Members should visit Government Relations / General Info (Members) for more information.


 

Michigan Legislature Starts Moving Broad P3 Project BillOpen in a New Window

  Michigan Legislature Starts Moving Broad P3 Project Bill 

Michigan SB 627 would authorize the State, local governments, school districts, community colleges, and public universities to enter into public-private partnerships for public works projects, including public buildings and facilities, transportation facilities, drinking water and wastewater projects, and energy projects. The bill would require, proposal, performance, or payment security in the form and amount the public entity requires. The bill recently was scheduled to be heard in committee in the Senate. SFAA is working with AIA to determine the viability of the bill as time runs out in the session.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA Supports Adoption of Bonding Provisions in Kentucky P3 RegulationsOpen in a New Window

  SFAA Supports Adoption of Bonding Provisions in Kentucky P3 Regulations 

SFAA has submitted comments to the Kentucky Finance Administration Cabinet in support of its proposed regulations for public-private partnerships because they include bonding requirements for all future P3 projects in Kentucky. The rules implement a law SFAA and AIA had amended to require bonding in the detailed enabling law for local government P3s. The law provides that requirements for State capital projects delivered as P3s are to be set by regulation and the Cabinet has decided to require bonding for them.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA Seeking to Reverse Onerous Treasury RegulationsOpen in a New Window

  SFAA Seeking to Reverse Onerous Treasury Regulations 

SFAA is working to address U.S. Treasury Department regulations that allow any federal agency to develop a regulatory process for declining a surety's bond "for cause" according to the procedures set forth in the regulations. The regulations also allow the federal agency to petition Treasury to delist that surety from Circular 570. SFAA objected to the changes when they were proposed, but Treasury chose to adopt the revised regulations. SFAA will address any agency rules that propose to implement this authority.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA and AIA Seeking to Ensure Bonding Required for WIFIA ProjectsOpen in a New Window

  SFAA and AIA Seeking to Ensure Bonding Required for WIFIA Projects 

SFAA is addressing the requirements for projects that receive federal financing to ensure that it is clear that bonding is required. This year, we have focused on the Water Infrastructure Finance and Innovation Act (WIFIA) to seek amendments that clarify that any state water project receiving financing through this infrastructure bank must require bonding to qualify for WIFIA financing. We currently are addressing the Environmental Protection Agency's upcoming regulations to implement the current WIFIA law that will be released later this year.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA and AIA Addressing Bond Threshold Indexing in WisconsinOpen in a New Window

  SFAA and AIA Addressing Bond Threshold Indexing in Wisconsin 

SFAA and AIA are working to eliminate the statutory indexing requirement for the Little Miller Act bond threshold in Wisconsin. The law provides a process in which the threshold may be adjusted for inflation every two years. We have had a bill introduced this year to eliminate the indexing and freeze the bond thresholds at the current levels and are working to pass these provisions in 2017.

Members should visit Government Relations / General Info (Members) for more information.


 

SFAA and Local Partners Testify on Bonding Requirements for P3s in IndianaOpen in a New Window


SFAA and Local Partners Testify on Bonding Requirements for P3s in Indiana 

SFAA and its local partners recently testified before the Indiana study committee (Committee) regarding whether Indiana should amend its three existing P3 laws to specifically require bonding of the design and construction portion of all future P3 projects. In particular, our witnesses addressed the current I-69 P3 project under which subcontractors have not been paid and explained the benefits that a 100% bond would have provided. The Indiana I-69 project is a $325 million road project for which the Indiana Finance Authority accepted a 5% payment bond, which means that there is around $15 million in bond coverage. Notably, right before the Committee’s meeting, the Indiana Finance Authority gave notice that it would find the private partner in default of its obligations on the I-69 project after a major subcontractor walked of the job, which has generated a lot of media coverage. The Committee did not make any decisions on the bonding issue at the hearing, but rather agreed that the P3 issue needed more study. We expect a report in November.

Members should visit Government Relations / General Info (Members) for more information.


 

Quarterly Federal and State Legislative Reports postedOpen in a New Window


Quarterly Federal and State Legislative Reports posted  for Members
Members should navigate to Government Relations / Legislative Overview Reports.

 

Federal/State Regulatory Reports for August 2016 posted for MembersOpen in a New Window

 

Regulatory reports for August 2016 have been posted on rules affecting Commercial Surety and Contract Surety that were recently proposed or adopted.

 For Members only (or from the menu, select "Government Relations" / "Federal/State Regulations")


 

Kentucky Proposes P3 Rules with Bonding RequirementsOpen in a New Window

  Kentucky Proposes P3 Rules with Bonding Requirements 

The Kentucky Finance and Administration Cabinet has proposed regulations to implement the new public-private partnership (P3) law enacted this year authorizing state and local governments to enter into P3s for capital projects. The proposed rules would require State and local capital projects delivered as a P3 to be bonded. SFAA and AIA had the P3 legislation amended to require bonding for local government P3s, but the requirements and procedures for State P3s must be promulgated by regulations. SFAA is supporting the adoption of the regulations.

Members should visit Government Relations / General Info (Members) for more information.


 

State Laws of Public-Private Partnerships and Bonding Requirements updatedOpen in a New Window


State Laws of Public-Private Partnerships and Bonding Requirements updated for Members and Subscribers.

More P3 information is available for Members and Subscribers at P3s / Public-Private Partnerships (P3s) - Members.


 

SFAA and AIA Addressing Bond Threshold Indexing in WisconsinOpen in a New Window

  SFAA and AIA Addressing Bond Threshold Indexing in Wisconsin

The Wisconsin Department of Workforce Development (Department) has proposed rules to increase the state bond threshold from $369,000 to $413,000 and from $148,000 to $165,000 for local governments. The Department’s proposal is based on recent increases in construction costs. SFAA and AIA’s comments reiterated our view that the Department is not required by law to increase the bond threshold by the amount of increase in construction cost and explained the potential negative impact that this latest increase could have on the State. We also objected to proposed changes to the regulatory process that would eliminate the opportunity to comment on future proposed increases.

Members should visit Government Relations / General Info (Members) for more information.


 

Surety Sector P3 Progress ReportOpen in a New Window

  Surety Sector P3 Progress Report:  How the surety industry sees public-private partnerships (Lenore Marema article from Engineering News-Record (ENR))

 

Rhode Island Prevailing Wage Bill with SFAA Amendment Becomes LawOpen in a New Window

  Rhode Island Prevailing Wage Bill with SFAA Amendment Becomes Law
Members should visit Government Relations / General Info (Members) for more information.

 

U.S. House NDAA Report Contains Surety Study ProvisionOpen in a New Window

  U.S. House NDAA Report Contains Surety Study Provision 
Members should visit Government Relations / General Info (Members) for more information.

 

SFAA Comments on Federal DMEPOS Supplier Bid Bond RulesOpen in a New Window

  SFAA Comments on Federal DMEPOS Supplier Bid Bond Rules 
Members should visit Government Relations / General Info (Members) for more information.

 

SBA Adopts Key Reforms to Federal Mentor-Protégé Contracting ProgramOpen in a New Window

  SBA Adopts Key Reforms to Federal Mentor-Protégé Contracting Program
Members should visit Government Relations / General Info (Members) for more information.

Government Relations - General Info (Public)

Item Name Posted By Date Posted
SFAA and AIA Working with Indiana Attorney General PDF (81.72 KB)  more ] Administration 2/23/2016
Bond Waiver Bill Resurfaces in Cuyahoga County, OH PDF (156.11 KB) Administration 2/9/2016
Wisconsin - New Draft of Surety Indexing Bill ... PDF (142.4 KB)  more ] Administration 1/27/2016
Proposed Bonding Amendments for Federal Water ... PDF (142.93 KB)  more ] Administration 1/27/2016
Oklahoma - Transportation & Public Facility P3... PDF (156.37 KB)  more ] Administration 1/27/2016
Congress and States Start to Convene 2016 Sessions PDF (166.5 KB)  more ] Administration 1/7/2016
President Signs Two Surety Provisions into Law PDF (149.47 KB)  more ] Administration 11/30/2015
Final Congressional Conference Report on NDAA ... PDF (149.44 KB)  more ] Administration 9/30/2015
President Signs 3-Month Extension to Highway Act PDF (149.84 KB) Administration 8/3/2015
US House Makes First Move on Extending Highway ... PDF (163.37 KB)  more ] Administration 7/15/2015
Congress Gives VA Construction Short Term Patch PDF (38.06 KB) Administration 6/18/2015
IL Bond Form for Commercial Drivers License Test.. PDF (95.59 KB)  more ] Administration 6/12/2015
Federal Construction Coalition Procurement ... PDF (108.85 KB)  more ] Administration 6/9/2015
Nevada Adjourns - Update on Key Surety Legislation PDF (108.66 KB) Administration 6/9/2015
New York $500,000 Bond Threshold Bill to be Heard PDF (108.55 KB) Administration 6/8/2015
Construction Coalition Bill Introduced in Senate PDF (109.15 KB) Administration 6/5/2015
Congress Extends Funding for VA Hospital Project.. PDF (108.96 KB)  more ] Administration 5/26/2015
Congress Heads to Recess without a Solution to ... PDF (121.69 KB)  more ] Administration 5/21/2015
Short Term Extension Likely for Highway Trust Fund PDF (110.28 KB) Administration 5/21/2015
Connecticut Nullum Tempus Bill Passes Legislature PDF (109.32 KB) Administration 5/20/2015
SFAA Comments on Commerce Dept. Bond Waivers ... PDF (95.65 KB)  more ] Administration 5/19/2015
Bills to Transfer Control of VA Construction ... PDF (94.18 KB)  more ] Administration 4/30/2015
Connecticut Nullum Tempus Bill Amended Favorably PDF (96.38 KB) Administration 4/7/2015
New Commercial Surety Bond Opportunity Passes ... PDF (95.5 KB)  more ] Administration 3/31/2015
Sureties in Iowa Fight Bond Waiver PDF (95.62 KB) Administration 3/18/2015
CT Nullum Tempus Bill to be Heard in Committee PDF (109.05 KB) Administration 3/4/2015
SFAA Participates in Joint Trade Comments on ... PDF (62.65 KB)  more ] Administration 2/12/2015
US House Small Business Subcommittee Hearing... PDF (1.17 MB)  more ] Administration 2/12/2015
Congress Enacts New Bond Requirement for ... PDF (50.72 KB)  more ] Administration 1/5/2015
Infrastructure Bills Are Moving in New Jersey PDF (65.83 KB) Administration 12/19/2014
Threshold for Payment Security under Miller Act PDF (64.75 KB)  more ] Administration 12/12/2014
Surety Issues in Congress Wait Until Next Year PDF (54.55 KB) Administration 12/11/2014
Summary of Mid-Term Election Results PDF (50.47 KB) Administration 11/5/2014
Treasury Dept. Issues Final Rules on Sureties ... PDF (65.06 KB)  more ] Administration 10/22/2014
Annual Legislative Report: Fidelity PDF (68.75 KB) Administration 8/29/2014
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