• AGC Advocacy Report

  • Michael Gifford, AGC President & CEO
    September 15, 2023



  • State

    AGC Meets with BJ4C to Plan for 2024
    AGC CEO Michael Gifford met with other members of the Building Jobs 4 Colorado Coalition this week to plan for potential 2024 legislative session issues including affordable housing, rental issues and controls, metro districts, additional electrification & GHG emission reduction regulations, and statewide mandatory recycling.
    Air Quality Control Commission Releases Final Reg 28 
    Rule requires 7% reduction in GHG Emissions by 2026 and 20% by 2030 for Buildings 50,000+ SF
    The state’s Air Quality Control Commission has released the final Air Quality Control Commission Regulation 28 – Building Benchmarking & Performance Standards. The regulation requires buildings of 50,000+ sf to meet specific building performance metrics by 2026 and 2030. There are an estimated 8,000 such commercial and multi-family builds in the state.
    AGC in partnership with the Colorado Real Estate Alliance, Xcel and the City & County of Denver advocated for a number of improvements for the industry, from the initial regulation proposed by the Air Quality Control staff and Commission at CDPHE:
    1. The BPS targets in the final regulation are less ambitious than the original targets that were proposed (but they still are very robust). 
    2. The “standard percentage reduction“ option will be available to any building owner regardless of the pathway a building owner may choose. It requires a 13% GHG or EUI reduction by 2026 and a 29% reduction by 2030. AGC & CREA argued for a different approach but this achieves the same results.
    3. The provisions for a timeline adjustment are much broader than originally proposed. Most important, the rules now provide that the types of buildings that can apply for an adjustment use the phrase “include, but are not limited to.’ AGC, Denver and CREA fought hard for this inclusive language so that building types can be added to the qualifying list. This part of the process will be administered by the Colorado Energy Office (CEO) and AGC will be staying abreast of how this process is administered.
    4. The list of building types that explicitly qualify for timeline adjustments include: a. Building owners experiencing supply chain or workforce delays; b. Building owners whose HVAC systems are not at the end of their useful life; c. Buildings undergoing a major renovation that does not align with the rules’ timelines; d. Buildings that require updates to electric distribution systems; e. Very important – buildings with inherent and unique characteristics that prohibit them from reaching the timeline.
    5. AGC & CREA successfully secured a clause that would allow a timeline adjustment beyond 2030.
    6. The building types that can get an adjustment refer to affordable housing, and covered buildings with inherent and unique characteristics, but includes a provision that can allow any building owner the ability to try and convince CEO they merit a target adjustment.
    7. We were able to convince the Commission that if a building owner has exhausted the available cost-effective electrification and efficiency measures, the building owner should be able to avail himself or herself of renewable energy, including utility subscription services. 
    8. Utilities advocated (with AGC & CREA support) that a building owner should be able to take advantage of alternate measures, including utility-offered programs not otherwise identified in these rules. Technology is developing rapidly and the rules will now be open to new technologies and processes. The Commission agreed with this point and it is included in the final regulation.
    2024 CU Boulder Business Economic Outlook
    AGC CEO Michael Gifford is on the construction team that writes the CU Boulder Business Economic Outlook and he attended the kick-off meeting this week. One interesting data point is that the state demographer projects that net in-migration will accelerate again starting in 2024 which means further demand for housing in Colorado. Watch for the report to come out in December.
  • Federal

    Shutdown for Transportation Contractors
    The scenarios for a government shutdown and what it would mean for transportation construction contractors. - Read more
    Shutdown for Federal Contractors
    Here’s what federal contractors should do in the event of a government shutdown.   - Read more
    Incoming! New Buy America Requirements
    Join AGC of America for a two-part educational webinar series on the latest developments with the Inflation Reduction Act, including new proposals governing prevailing wage and apprenticeship mandates on private construction tax credits. - Read more
    Latest IRA Developments
    AGC member Marathon Construction hosts Rep. Mike Levin (D-CA) for a project tour of the San Dieguito Lagoon Wetland Restoration Project in San Diego, California. - Read more
    Two Silica Rules for Construction?
    AGC weighs in on MSHA’s proposal regarding miners’ occupational exposure to respirable crystalline silica. - Read more
    AGC to White House: Don't Mess Up Permitting Reform
    AGC tells White House Council on Environmental Quality at a public meeting how its proposal to implement the first significant NEPA reforms in 40 years could actually make the permitting process worse. - Read more
    Political Snippets from Around the Country
    Check out these political snippets on the presidential, congressional, and gubernatorial races from across the country.  - Read more