• AGC Advocacy Report

  • Michael Gifford, AGC Advocacy Director
    April 26, 2024

     

     

  • State

    AGC Bill Tracker
    For a complete list of AGC bill positions see our handy dandy AGC Bill Tracker
    For questions, contact Michael Gifford at mgifford@agccolorado.org
     
    AGC Supports SB24-218 Modernize Energy Distribution Systems
    AGC is on the coalition to pass SB24-218 Modernize Energy Distribution Systems. The Problem? Electricity generation and transmission (big overhead lines) is funded in advance when the Public Utilities Commission approves a rate increase, and the utility then plans improvements in advance. But last-mile distribution from substation to individual streets and buildings is not funded in advance. Utilities have to wait for demand to present itself in the form of new projects, and then seek funding from those individual projects, sometimes presenting a multimillion-dollar bill to a project developer. Not to mention long delays in the time to order new substation equipment or worse yet to tear up a street to widen distribution capacity.
     
    Now the state has passed Reg 28 and the City & County of Denver has passed Energize Denver and there will be a huge increase in demand for electricity for buildings as they are converted from natural gas to electricity for heating & cooling. This increase in demand is not growth driven but public policy driven, and AGC has been at the capitol insisting that those who asked for this change (voters and rate payers) should pay for the cost, not individual buildings that will only be complying with state and local mandates. Xcel has estimated they will need a tripling of distribution capacity in some areas to accommodate the new public policies.
    Stay tuned for action on this bill as we head towards the end of the session on May 8. It will be a wild ride!
     
    Fact Sheet on SB24-218 with list of supporting coalition members and a bill summary.
     
    Wage Theft Bill Sent to Senate Business Committee - AGC Continues Battle Against the Bill
    After being stuck on the Senate President's desk for a week, the bad for construction wage theft bill HB24-1008 Wage Claims Construction Industry Contractors has been assigned to the Senate Business, Labor & Technology Committee for action. AGC and partners are still a hard oppose on the bill and are working overtime to defeat the bill in this committee.
     
    You can help by clicking on the Wage Theft Action Link and in 3 short clicks you can send a message to key Senators asking them to Oppose HB24-1008 (please do it right now!).
     
    What's the Deal on HB24-1008?
    HB24-1008 allows a verified claim for unpaid or improperly paid wages by any tier of specialty contractor to be collected from the General or Prime Contractor after 14 days.
     
    On a related note, SB23-231 Amend Fund To Allow Payment Overdue Wage Claims provides a way for the Colorado Dept of Labor & Employment (CDLE) to start paying the wages (effective April 1, 2024) of individuals who have a finalized wage theft claim, but the unpaid wages can’t be collected from the violating company. The wages will be paid from the Wage Theft Fund. This bill was passed by the legislature in 2023 at the request of the carpenter’s union and others and was supported by AGC.

    SB24-106 Right to Remedy Construction Defects Stuck on Speaker of the House's Desk
    AGC is SUPPORTING SB24-106 Right to Remedy Construction Defects and the bill was amended and then approved by the Senate on April 11 by a 25-8 bi-partisan vote after a long floor fight. SB24-106 Right to Remedy Construction Defects is presented by the Homeownership Opportunity Alliance (HOA) and AGC Advocacy Director Michael Gifford is a member of the policy committee and Executive Committee that drafted the bill.
    Here's a quick recap of where the bill stands:
    • Strengthens the Negligence Per Se section which removes claims for not building to code or specs if no damage results from slight deviations to code or specs
    • Changes HOA unit owner vote threshold to 60% (current law is 50% plus 1)
    • Right to remedy removed from the bill
    The bill is stuck on the Speaker of the House's desk and she is trying to force our coalition to agree to water down the bill even more - and we are not inclined to change the bill further. Stay tuned for more updates as we move through the remainder of the legislative session.
     
    AGC and HBA Achieve New Building Permit Fee in Aurora for Careers in Construction High School Program
    On April 22, AGC and the HBA (Home Builders Association) of Metro Denver achieved a new building permit fee in Aurora to help fund our joint Careers in Construction (CICC) High School Program at Aurora High Schools. The fee is $25 per new home and $200 per new commercial projects and estimated revenue is $50,000 annually. The fee is collected by Aurora and the city then contracts with AGC's Construction Education Foundation (CEF) to deliver the programs in partnership with Aurora Public Schools. So far CEF has the program running at Gateway and Vista Peak Preparatory high schools and the plan is to add more schools in Aurora as we move forward. AGC and HBA already have these fees in place in Denver and El Paso County (Pikes Peak Regional Building Authority).
     
    Statewide, AGC and HBA have the CICC program in 63 high schools and CEF directly manages 19 of those schools in the Denver metro area. AGC recently received a $2.8M grant from the Colorado Office of Economic Development & International Trade (OEDIT) to expand the program and line up a pathway to include apprenticeship and an Associate of Applied Science (AAS) degree along with the apprenticeship.
     
    AGC Legislative Committee to Meet on May 7
    The AGC Legislative Committee will meet on May 7 to review status on existing bills and any new bills since our meeting on April 16. The committee also took a support position on SB24-218 by email vote as it was introduced between meetings.
     
    All member companies are eligible to have a member on the Legislative Committee. To attend a meeting and check it out or join the committee, email Nicole Hoekstra at nicole@agccolorado.org or call Nicole at 303-388-2422.

  • Federal

    AGC Criticizes OFCCP's Proposal to Revive Monthly Employment Utilization Report 
    The association raises concerns over data privacy and undue burdens from the proposed reinstatement of comprehensive monthly employment reports, discontinued since 1995. - Read more
     
    DOL Updates Overtime Regulations Again
    U.S. Department of Labor updates exemption criteria for key employee categories, setting new salary thresholds effective July 2024. - Read more
     
    FTC Passes Rule Banning Post-Separation Non-Competes Nationwide
    The agency finalizes sweeping rule banning non-compete agreements nationwide, except for limited senior executive and business sale exceptions. - Read more
     
    New Sustainable Procurement Regulation for Federal Contractors
    Starting May 2024, federal agencies are required to integrate 'sustainable products and services' into contracts, setting a new standard in government procurement practices.  - Read more
     
    AGC Finalizes New Playbook on Carbon Reporting and Decarbonization
    On April 22, Earth Day, AGC announced a new, first-of-its-kind, decarbonization playbook designed to help firms assess, track and reduce greenhouse gas emissions for the projects they build. - Read more
     
    House Ways and Means Committee Launches Tax Teams to Tackle Expiring 2017 Provisions
    Focused on reviving key tax benefits, the newly formed groups aim to secure future tax relief for families, workers, and small businesses as 2025 deadlines approach. - Read more
     
    Registration is Open for AGC's 2024 Construction, Safety, Health & Environmental Conference
    Join us in St. Louis, Missouri, July 16 – 18, for this year's Construction Safety, Health & Environmental Conference. - Read more
     
    Free Online Fall Prevention Safety Training
    AGC of America is pleased to offer this one-day Fall Prevention in Construction safety training on May 8 & 9, based on OSHA standards and best practices to answer the need for quality training within the industry. - Read more