• AGC Advocacy Report

  • Michael Gifford, AGC Advocacy Director
    April 8, 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 Legislative Committee to Meet on April 16
    The AGC Legislative Committee will meet on Tuesday, April 16 to review the status on existing bills and review several new bills. 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.
     
    AGC Testifies in Favor of HB24-1365 Opportunity Now Grants & Tax Credit
    AGC Advocacy Director Michael Gifford testified in favor of HB24-1365 Opportunity Now Grants & Tax Credit at the House Committee on Finance on April 4. The bill includes $3.8M for construction programs that advance workforce and apprenticeships. Stay tuned as this bill works it’s way through the process.
     
    SB24-106 Right to Remedy Construction Defects Still Waiting for Senate Floor Vote
    AGC is SUPPORTING SB24-106 Right to Remedy Construction Defects and the bill was approved on March 21 by a dramatic 4-3 vote in the Senate Local Government & Housing Committee. Democratic Senator Tony Exum joined 3 Republicans in voting for the bill. Thank you to SB24-106 sponsors Sen. Rachel Zenzinger and Sen. James Coleman for their ongoing dedication and leadership on this issue! Thank you to Sen. Tony Exum for ongoing negotiations and support of SB106. Thank you Sen. Byron Pelton, Sen. Rod Pelton and Sen. Janice Rich for supporting SB106.
    Here's a quick recap of the amendments adopted by the committee:
    • Clarifies remedy offers from construction professionals are an option, which may be accepted or rejected by homeowners, and not an obligation.
    • Local government exemption
    • Change unit owner vote threshold to 60% (previously 67% in bill)
    • Clarify fiduciary duty
    All amendments are available on the bill website here - Right to Remedy Construction Defects - Colorado General Assembly
    AGC and a group of members testified in favor at the original committee hearing late in the evening on March 5 at the Senate Local Government & Housing Committee. The committee did not vote that night and the bill was laid over for action to March 12 and then after intense lobbying against the bill by Trial Lawyer groups, to March 21.
     
    The bill is on the Senate Floor for further action. Stay tuned for more updates as we move through the remainder of the legislative session.
     
    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. Rep. Shannon Bird and Sen. Rachel Zenzinger, both prominent moderate democrats, are Prime Sponsors of the bill. The bill seeks to establish a Right to Remedy any construction defect claims instead of dragging them into a costly claim and/or court process, and establish that minor code violations that do not present as actual damage do not qualify as a defect. Another construction litigation bill was also introduced by republican Sen Paul Lundeen. SB24-112 Construction Defect Action Procedures seeks to make improvements to the construction defect claim process as well to help allow more condos to be developed. That bill is set to be heard by the same Senate Committee on March 26.
     
    AGC Continues Battle Against HB24-1008 Wage Theft
    HB24-1008 Wage Claims Construction Industry Contractors 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. AGC and partners have this bill stuck for now in the House Appropriations Committee. This week AGC continued to communicate with House members about the bill. AGC members have sent over 400 messages to house members asking for a NO VOTE on the bill, and MWBE certified members are calling House and Senate members to ask for a NO VOTE as well.
     
    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.
     
    AGC Attends Coalition Meetings to Continue Representing the Construction Industry
    AGC met with several coalitions this week to continue to represent the construction industry at the state capitol and Denver City Hall. Those coalitions include:
    • Homeownership Opportunity Alliance
    • BuildingJobs4Colorado Coalition
    • Colorado Competitiveness Council
     
    AGC and HBA Advance Building Permit Fee in Aurora for Careers in Construction High School Program
    AGC and the HBA (Home Builders Association) of Metro Denver are advancing a new building permit fee in Aurora to help fund our joint Careers in Construction High School Program at Aurora High Schools. The fee is $50 per new home and $200 per new commercial projects. The fee should be up for a city council vote on April 22, 2024. AGC and HBA already have these fees in place in Denver and El Paso County (Pikes Peak Regional Building Authority). Stay tuned as we move this initiative forward.
     
    AGC Reviews Potential State Procurement Bill
    AGC reviewed a potential change to state procurement rules this week and determined it affected good and services but not construction.

  • Federal

    AGC Wins (Again) on FHWA Greenhouse Gas Rule 
    A Kentucky federal court—in line with AGC litigation support—agrees with an earlier Texas court ruling striking down a FHWA regulation that would have diverted federal-aid highway construction funding to more non-construction uses, like the purchase of buses, Amtrak cars, and EV charging stations. - Read more
     
    OSHA Finalizes Controversial Walkaround Inspections Rule
    A new regulation could enable community activists, worker advocacy groups, personal injury attorneys, or union representatives to serve as third party employee representatives who join OSHA officials on walkaround inspections. - Read more
     
    Understanding PLA Terms and Conditions
    With the new federal PLA mandate in effect, along with certain state and local orders requiring or encouraging PLAs, contractors need to understand the intricacies of PLA terms and conditions now more than ever. - Read more
     
    More $$ for You, Not the IRS
    Tell your U.S. senators to pass bipartisan tax relief legislation - the Tax Relief for American Families and Workers Act (H.R, 7024) - that will help put more money in your pockets instead of the IRS’s. - Read more
     
    Political Snippets from Around the Country
    Check out these political snippets on the presidential and congressional races from across the country. - Read more