AGC Advocacy Report
Michael Gifford, AGC President & CEO
December 6, 2019
AGC Engages in State’s Climate Action Plan to Reduce Pollution
The AGC Legislative Committee has been starting to engage in the state’s implementation of HB19-1261, Climate Action Plan to Reduce Pollution. David Arkell of Moye White, LLP has volunteered to represent the committee and AGC at the state’s Air Quality Commission where rules are being promulgated. In addition to the obvious focus on electric vehicles and renewable energy, the state is also looking at electrification of buildings to meet the new standards by 2040. This week Gov Polis specifically mentioned looking at electrification of buildings as a way to reduce pollution, at the 5th annual Sustainable Denver Summit. AGC is also engaging with the Colorado Real Estate Alliance (AGC CEO Michael Gifford is on the Executive Committee of this coalition) to work on the issue. Rules are expected to be developed by fall 2020.
CDLE Publishes Draft Colorado Overtime & Minimum Pay Standards
The Colorado Division of Labor Standards and Statistics has published the proposed Colorado Overtime & Minimum Pay Standards Order (“COMPS Order”) #36 (2020), previously known as the Colorado Minimum Wage Order, last issued as Colorado Minimum Wage Order #35 (2019). Below are links to:
- Copy of the proposed COMPS Order #36 (2020);
- A fact sheet detailing the changes from Order #35 to Order #36;
- The Statement of Basis, Purpose, Authority, and Findings that details the nature of, reasons for, and findings supporting each specific change being proposed; and
- The Notice of Public Hearing.
AGC has already submitted comments opposing the inclusion of the construction industry in the proposed order, and is now preparing updated comments on the Breaks and Lunch Period section of the regulations.
AGC & Partners Fight 1% Residential Growth Limit Measure on Nov 2020 State Ballot
Earlier this year proponents filed a statewide 1% residential growth limit measure and it was approved by the state Title Setting Board as Prop 122. AGC is on the group that is challenging the measure at the Colorado Supreme Court before it can start collecting the required 125,000 signatures to get it on the ballot. AGC helped stop a similar measure (Prop 66) from reaching the ballot in 2018.
Denver Approves Minimum Wage Ordinance
The ordinance was originally set to increase the minimum wage to $15.87 in 2021, but the final approved version will phase the increase in more slowly, reaching $15.87 by 2022. AGC input centered on the intersection of the minimum wage with Denver’s existing prevailing wage, and a requirement that a company is responsible for making sure the firms they contract with also meet the minimum wage requirement.
Carbon Tax Qualifies for Nov. 2020 Ballot in Denver
Carbon Tax proponents turned in enough valid signatures last month to qualify for the Nov. 2020 ballot. An earlier attempt by the same group to get their measure on the Nov 2019 ballot failed by 2,000 signatures. In addition, AGC worked with CREA to stop the City Council from referring a carbon tax measure to the Nov. 2019 ballot. AGC and CREA (Colorado Real Estate Alliance) will participate in a Denver stakeholder group in 2020 to address this issue going forward. AGC is a founding member of CREA and Michael Gifford serves on the CREA Executive Committee.
OSHA Issues Temporary Enforcement Policy for Crane Operator Certifications Issued by Crane Institute Certification
The Occupational Safety and Health Administration (OSHA) has issued a temporary enforcement policy to allow for crane operator certifications issued prior to December 2, 2019 by the Crane Institute Certification (CIC) to be temporarily accepted by the agency. OSHA requires crane operators engaged in construction activity to be certified by an entity holding accreditation through a nationally recognized agency. CIC no longer holds such accreditation. The policy explains that, although CIC-issued certifications are not compliant with OSHA’s operator certification requirement, OSHA does not intend to cite employers for operating equipment that violates that requirement if their operators, in good faith, obtained CIC-issued certifications prior to December 2, with the belief the certifications met the standard’s requirements. Until further notice, OSHA will not accept CIC certifications – including re-certifications – issued on or after December 2, 2019.
AGC and Autodesk Launch Program to Help Firms Provide Safety Harnesses Designed with Women in Mind
Member Firms Can Apply for Grants through January 10, 2020
AGC of America and Autodesk are launching a new $75,000 grant program to help member firms provide safety harnesses for women. The grant program is designed to help firms attract more women into the construction profession while continuing to meet the highest levels of workplace safety. As part of that effort, winning firms will be selected based on their ability to leverage relatively small grant awards to attract more women and provide them with appropriately-sized safety harnesses. AGC is accepting applications until January 10, 2020. Click here for more information about the grant program and how to apply.
AGC Urges Completion of FY 2020 Transportation Funding Bill
On Dec. 3, the AGC co-chaired Transportation Construction Coalition (TCC) urged House and Senate negotiators to complete action on the fiscal year 2020 transportation appropriations bill. Both the House and Senate have passed their own versions of the legislation and must now agree to a compromise bill. The TCC applauded both the House and Senate versions for fully funding the program levels authorized by the FAST Act. It also called for the final bill to include at least $2.7 billion in supplemental highway funding and $750 million in supplemental public transportation funding to address surface transportation needs in all states, $1 billion for the BUILD grant program, and additional funding for Airport Improvement Program grants. The U.S. Department of Transportation programs, along with other federal programs, are currently operating under a short-term continuing resolution that expires on Dec. 20.