• AGC Advocacy Report

  • Michael Gifford, AGC President & CEO
    September 18, 2020



  • State

    Funding Needed to Defeat Bad for Business Prop 118 – State Mandated Family Leave Insurance Program
    Proposition 118 is a proposal on the Nov 2020 ballot to establish a state mandated and operated Family Leave Insurance Program. The program is funded by a new payroll tax on both employers and employees. The 0.9 to 1.2 % payroll tax is a 20% to 25% increase in the current 4.63% state income tax and is a $1.3 billion tax increase on Coloradans. The new program will be a huge government bureaucracy of 200 employees. Local government is allowed to opt out for their own employees leaving private employers and employees, as well at the state government and state employee's holding the bag. A new CSI study documents the cost to employers and employees and estimates when the program will become insolvent without a further tax increase. 
    Polling shows we can defeat this bad for business proposition by highlighting the new payroll tax on employees, but we need funding in the No on Prop 118 campaign to get the word out. (Many AGC Board Members have already donated). You can make a donation in 2 ways:
    1. Company contribution by credit card at www.VoteNoOn118.com 
    2. Email AGC CEO Michael Gifford at mgifford@agccolorado.org with your company pledge, and we will email you an invoice.
    If you have questions on an amount please call Michael Gifford, AGC CEO at 720-810-6631. Please pay a little now to save a lot later for your business and your employees! 
    AGC & No on 118 Invites AGC Members to Prop 118 Family Leave Virtual Presentation Sept 22
    AGC and the No on Prop 118 Campaign invite AGC members to attend virtual informational briefing on the economic costs of the State Mandated Family Leave measure on the Nov 03, 2020 ballot. Join us Sept 22 at 8:30am via ZOOM. No cost but RSVP required. 
    Support Fellow Contractor Bob Roth for State Senate
    AGC is asking you to make a personal (not company) contribution to Bob Roth for Colorado State Senate (he’s running as the Republican Candidate in Senate District 26). District 26 covers many of Denver's immediate southern suburbs in Arapahoe County, including Cherry Hills Village, Englewood, Greenwood Village, Sheridan, Columbine Valley, most of Littleton, and a small part of western Aurora. Bob has been a contractor much of his adult life for several electrical firms including Duro Electric and Intermountain Electric. He was also an Aurora City Council member. We need a contractor in the Golden Dome to help us represent our industry and bring some balance back to the statehouse. 
    State rules won’t allow you to make a corporate donation to a state legislative candidate, but you can make up to a $400 contribution for yourself, and your spouse can make up to a 400 contribution as well. To donate by credit card or check (and find out more about Bob’s campaign), visit his website at: 
    We don’t make an appeal like this very often, but we do need to support one of our own when they step up and run for office. By the way, the AGC PAC has made a maximum $400 donation to Bob as well.
    Please act quickly as the election is almost upon us! Thank you!
    AGC CEO Michael Gifford Attends No on Prop 118 Steering Committee Meetings to Defend Construction Industry
    AGC CEO Michael Gifford attended No on Prop 118 Steering Committee meetings this week to help craft strategy and raise funds for the campaign.
    Time to Register to Vote for the Nov 2020 Election
    The Nov 2020 election is fast approaching. It is time to make sure you are registered to vote. You can also register with AGC to receive important Advocacy Action Alerts from CEO Michael Gifford. AGC makes all of this easy with our new Advocacy Action Center.
    Prevailing Wage on State Projects in 2021 – AGC America Davis Bacon Training Sept 23-24
    Colorado will require prevailing wage on all state projects starting July 1, 2021. The state will use federal Davis Bacon wage decisions for the program at 44 different state agencies that do capital construction. The application of the Davis-Bacon and Related Acts to federal and federally assisted construction projects leaves many contractors uncertain about the requirements of federal prevailing wage laws and the consequences of non-compliance. Failure to comply puts covered contractors at risk of catastrophic consequences, from high-dollar penalties to debarment from future federal work. Join us September 23rd & 24th for our Davis-Bacon Training Series held in part with the 2020 Construction HR & Training Professionals Virtual Conference. 
    We will help contractors avoid those risks previously mentioned by educating staff tasked with DBRA compliance and administration on coverage, requirements, pitfalls, and enforcement of these laws. Click here to register.
  • Federal

    DOL Revises FFCRA Regulations Clarifying Paid Leave Requirements
    The U.S. Department of Labor’s Wage and Hour Division (WHD) posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions come as a result of a federal court decision that found portions of the regulations invalid. Please click here for a discussion of the revisions. 

    Congress Eyes One-Year Extension of Current Highway & Transit Programs Law 
    Only a few days remain until the current highway and public transit law – the Fixing America’s Surface Transportation (FAST) Act – expires on September 30. AGC is cautiously optimistic that Congress will extend the FAST Act for one-year (through fiscal year 2021). The extension would likely be considered as part of legislation to temporarily fund the federal government, known as a continuing resolution (CR). However, there is one outstanding issue that key negotiators need to resolve. They need to decide how much money should be deposited into the Highway Trust Fund (HTF) so that it can support the funding levels in the extension. Making this decision more complicated is the fact that the Congressional Budget Office (CBO) and the U.S. Department of Transportation (DOT), which monitor the overall financial health of the HTF, differ significantly on the amount of money required. Please click here for further information.

    AGC and its Members Support Construction Safety Week & National Falls Stand-Down
    During the week of September 14, AGC and its members engaged in various efforts to celebrate the industry’s shared commitment to safety. The week kicked-off with a virtual event led by AGC’s CEO, Steve Sandherr, along with officials from the Occupational Safety and Health Administration (OSHA), including Principal Deputy Assistant Secretary, Loren Sweatt. The event also included a presentation from OSHA’s Directorate of Construction as well as a preview and discussion of the innovative approach one-member contractor has taken to raise awareness of the dangers associated with falls from ladders at various heights. In addition to the kick-off event, AGC made available several free training and education resources from our key partners and friends. If you are interested in receiving a certificate of participation for your construction safety week event(s), you can complete the required form, found here.

    Army Corps Proposes Changes to Nationwide Permits Programs
    The U.S. Army Corps of Engineers (Corps) is proposing to reissue and modify its Nationwide Permits that provide a streamlined process for the Corps to authorize discharges of “dredged or fill material” under Section 404 of the Clean Water Act and Section 10 of the River and Harbors Act. Nationwide (general) Permits (NWP) cover construction (and other activities) that, after adherence to identified conditions and mitigation measures, have been determined to result in minimal adverse environmental impacts to federally jurisdictional waters and wetlands (i.e., waters of the United States). The Corps is proposing modifications across the program in addition to creating new NWPs and dividing the current NWP 12 into three separate NWPs. Please click “learn more” for the potential top impacts of these developments on the industry and send feedback on the proposed changes to melinda.tomaino@agc.org by September 30, 2020.

    AGC’s Federal Construction HR Workshop Starts Next Week 
    September 23 - 24, 2020
    Don't miss out on next week's Federal Construction HR Workshop (September 23 & 24) with a 2-part Davis-Bacon and Related Acts training series included. Hear from enforcement officials at DOL and prevailing wage expert Deborah Wilder. Even if you can't make it, all registrants will receive access to the playback. 

    Designed to help staff responsible for compliance on federal and federally assisted projects, this pre-conference workshop provides practical information and best-practice advice from experts and peers experienced in the area. Included in this year's workshop is a two-part (beginner & advanced) Davis-Bacon and Related Acts training, which is also available for standalone purchase. Other session topics include “A Cross-Disciplinary Approach to OFCCP’s Heightened Focus on the Construction Industry” and “Ethics Rules in Federal Contracts: What’s Required, Why it Matters, and Expensive Lessons Learned.” Click here to register. 

    Federal Construction 101 – Five Part Webinar Series 
    September 17 to October 15 | 2:00pm - 3:30pm
    Thinking about getting into federal construction contracting? AGC of America and Smith, Currie & Hancock, LLP are pleased to provide a five-session course on the basics of construction contracting with the federal government, and government entities generally. This course is intended to educate companies considering entering the federal construction contracting marketplace, as well as the less-experienced professionals in construction companies already in the federal arena about its many peculiarities and risks. These 90-minute WebEd sessions will cover the law and practicalities of federal contracting with a view to helping construction companies learn to identify and avoid problems. Click here to register. 

    Opioids Webinar Week on Public-Private Partnerships to Address Drug Challenges
    In a series of interactive webinars, U.S. government agencies and private sector partners will explore the role of public-private sector collaboration in addressing drug challenges. Join participants from around the country to listen to expert speakers from the full range of relevant sectors, inside and outside of government. The webinar week will be held September 21–25, 2020. Each day will showcase a distinct aspect of the drug crisis, and the fact- and outcome-driven discussions will explore creative and practical measures to strengthen our collective response. Please click here for more information and to register.

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