CDPHE and CACI Discuss “Modeling” and Cost-Benefit Analysis of Rules and Regulations
December 16--Two CACI working groups today met with Colorado Department of Public Health and Environment (CDPHE) staff, to discuss two issues: “modeling” and cost-benefit analysis of rules and regulations. Members of the CACI Energy and Environmental Council comprise the two working groups. “Modeling” is the process of using mathematical and numerical techniques to assess the projected impact of a project or site on air quality. Modeling must show certain results in terms of impact, depending on whatever requirements are particular to the region or type of permit being applied for, in order for a permit to be issued by the CDPHE’s Air Quality Control Division. The impetus behind the creation of the working groups was a September meeting of the CACI Energy and Environment Council during which CDPHE staff presented a draft of the CDPHE strategic plan. At that time, the CDPHE staff said that they would like to work specifically with CACI members to address two issues: (a) a way to improve the modeling process and (b) the need for cost-benefit analysis regarding rules and regulations. Click here for more information.
Colorado Adopts “Fracking” Disclosure Regulation
December 13--The Colorado Oil and Gas Conservation Commission (COGCC) today approved new rules for disclosure of the chemicals used in hydraulic fracturing, known commonly as “fracking.” The adopted rules have been endorsed by both industry and environmental groups and have been described by Governor John Hickenlooper as a model for other states. The new rules require oil-and-gas operators to publicly disclose the chemicals used in the hydraulic fracturing of their wells, while still recognizing and protecting trade secrets. Regulators and medical professionals, however, can still obtain trade secret information upon request under the rules. Moreover, operators must file a form ensuring trade-secret claims meet the appropriate definition and sign an affidavit--under penalty of perjury--that chemicals cited qualify for trade-secret protection. Click here for more information.
New UI Benefit Rules Take Effect January 1st
December 2--On November 14th, the Colorado Department of Labor & Employment (CDLE) held a rule-making hearing to discuss proposed changes to current regulations regarding eligibility requirements for laid-off workers actively seeking employment while receiving unemployment insurance benefits. The CDLE’s actions were based on its discovery of a large number of improper payments that have been issued to individuals claiming unemployment insurance benefits who may not have been following work-search requirements. As of November 14th, the proposed changes have been adopted and the rules will take effect January 1, 2012. Click here for more information.
CACI Launches Federal Policy and Manufacturing Initiatives
December 12—CACI today announced that it is launching two major initiatives to support Colorado businesses by building on its long-standing affiliations with:
• The U.S. Chamber of Commerce,
• The National Association of Manufacturing (NAM), and
• BIPAC, a national organization advocating effective business participation in the political process at the grassroots level.
The CACI Federal Policy Initiative will focus on Federal legislation, rules and regulations that affect Colorado businesses.
The CACI Manufacturing Initiative will support and encourage manufacturing as a critical industry for Colorado’s economic health.
CACI President Chuck Berry said, “Over the course of the past year, CACI members have increasingly expressed a strong interest in having CACI advance their interests at the Federal level in a significant way while continuing to maintain its leadership role in advocating for businesses at the Colorado State Capitol. Also during this time, we’ve seen the growing importance of the kinds of jobs and economic impact that Colorado manufacturing means to our state’s long-term prosperity.”
“While Colorado’s economy is doing better than many other states,” Berry said, “We see strategic opportunities to support our business climate and we’re taking them on. It’s important to note that these areas of focus will yield economic benefits for the entire CACI membership, broader business community and Colorado economy.”
Click here for more information.
State Holds Hearing on Employer Fines for Worker Misclassification
November 22--Yesterday, the Colorado Department of Labor and Employment (CDLE) held a second hearing on proposed changes to current rules addressing the Department’s (1) appeal process, (2) “good cause” for terminating a worker, and (3) employee misclassification. Click here for more information.
Colorado Proposes Tightening UI Benefit Rules
November 18--On Monday, the Colorado Department of Labor and Employment (CDLE) held a rulemaking hearing to discuss proposed changes to current regulations regarding eligibility requirements for laid-off workers actively seeking work while receiving unemployment insurance (UI) benefits. CDLE’s proposed changes are based on its discovery of a large number of improper payments that have been issued to individuals claiming unemployment insurance benefits who may not be following current work-search requirements. Click here for more information.
New Insurance Commissioner Discusses Health Benefit Exchange and Division Activities
November 10--Commissioner Jim Riesberg, the guest speaker Tuesday at CACI’s Health Care Council meeting, discussed the functions and funding mechanisms that support the operations of the Insurance Division and updated Council members on the status of the Colorado Health Benefit Exchange. Click here for more information.
DOR Says Taxpayer Outreach and IT System Modernization are Top Priorities
November 10--Improving outreach to taxpayers and modernizing its computer system are top objectives for the Colorado Department of Revenue (DOR), according to three top DOR officials who addressed the CACI Tax Council last Friday. The three officials were Barbara Brohl, the newly appointed Executive Director; Heather Copp, Deputy Executive Director; and Mark Couch, Legislative Liaison. Click here for more information.
Governor’s Energy Office Chief Addresses CACI Energy and Environment Council
November 3--CACI’s Energy & Environment Council met yesterday to hear remarks from guest speaker TJ Deora, Director of the Governor’s Energy Office. Mr. Deora outlined his Department’s stated goals for 2011-2012 and their intended steps for achieving those. On the legislative front, Deora noted that GEO’s only legislative priority is to restore the Office’s funding. His goal for the 2012 session is for GEO to be a resource on policy rather than an advocate or opponent of specific bills. Click here for more information.
Governor’s 2012-2013 Budget Emphasizes Economic Development, Smaller Education Cuts
November 3--Yesterday, Governor John Hickenlooper unveiled a proposed $18.7 billion budget for the State of Colorado that includes a new emphasis on economic development. The Governor presented his 2012-2013 budget blueprint to the legislature’s Joint Budget Committee, which will do the heavy lifting in the 2012 legislative session to write the budget. Click here for more information.
Strait Named to be CACI Board Chair-Elect; Five New CACI Board Members Elected
October 28--Marvin Strait, a Colorado Springs CPA who serves as CACI Treasurer, yesterday was named Chair-Elect by the CACI Board. Rob LeVine, General Manager of The Antlers at Vail and the 2010-2011 CACI Board Chair, was elected to be Past Chair. The following individuals were elected to the Board for the first time:
• Jandel Allen-Davis, Vice President, External and Government Relations, Kaiser Permanente
• Jeff Dolan, Vice President of Regulatory and Governmental Affairs, Comcast Mile High Region
• Fred Menzer, Vice President, Colorado Operations and Administration, Climax Molybdenum Company, a Freeport-McMoRan Company
• James N. Peterson, Vice President, Marketing and Corporate Relations, The Ball Corporation
• Robert S. Schlue, Director, Missions Operations Colorado, The Boeing Company
Click here for more information.
Newly Elected CACI Board Chair Brown Says CACI Looks Forward to Advocating Pro-Business Legislation
October 28--Ann Brown, President of New Vista Image, was elected yesterday to chair the CACI Board of Directors for 2011-2012. Brown was elected by the CACI Board. Her Golden-based company, a wide-format, digital printing manufacturer, is a division of the Lowen Corporation, which is headquartered in Hutchinson, Kans. “CACI looks forward to working with pro-business legislators and Governor John Hickenlooper’s Administration to advocate legislation that helps Colorado companies invest, expand and create jobs,” Brown said. Click here for more information.
U.S. Chamber’s Donohue Tells CACI that Business-Federal Government “Partnership” is Needed to Create
October 28--Tom Donohue, President and CEO of the U.S. Chamber of Commerce, addressing CACI’s 46th Annual Meeting Luncheon yesterday, said that the Federal Government should become a “better partner” with business. “Let’s get a system so we can put people to work,” Donohue urged. “We’ve got to remember that we are the can-do nation,” he said. The U.S. needs to create jobs, build, foster economic growth and create a “better life” for its citizens, he said. Click here for more information.
Boiler MACT: Support the Effort to Protect American Jobs and the Environment
October 21--Congress is considering legislation to address a costly, job-killing rule proposed by the U.S. Environmental Protection Agency (EPA) that will cost Colorado employers more than $71 million and put thousands of jobs at risk. To ensure this legislation passes in time, federal lawmakers need to hear from Colorado employers. Thousands of jobs in numerous industries--agribusiness, chemicals, biomass power, forestry and paper, manufacturing, hospitals and utilities-- will be put at risk, as a result of a costly new rule intended to reduce air pollutants from boilers and process heaters. Studies have shown the “Boiler MACT” rule will create unsustainable financial burdens for at-risk companies: more than $14 billion in initial compliance and billions more in operating costs. More than 87,000 jobs in or related to the pulp and paper industry, for example, would be put at immediate risk. As a result of cumulative effects of air regulations, an estimated 230,000 jobs in numerous industries will be put at risk nationally. Click here for more information.
Governor’s “Eco-Devo” Plan Seeks to Create a “More Uniform Tax and Fee Procedure”
July 29--Last week, Governor John Hickenlooper released the Colorado Blueprint, the “bottom-up” economic development strategy, which calls for a more uniform tax and fee procedure at the local government level. Under the first focus area of the strategy, “create a business-friendly environment,” this third goal is one that will be of great interest to CACI, especially to members of the CACI Tax Council: Work closely with local governments to create a more uniform tax and fee procedure. Click here for more information.
CACI Joins Coalition Urging Congress to Provide Regulatory Relief for Small Businesses
July 18--CACI today agreed to be listed on a letter from the National Association of Manufacturers (NAM) to the members of Congress urging support of a bill that would protect small businesses from overly burdensome federal regulations. CACI is affiliated with both NAM and the U.S. Chamber of Commerce. The Regulatory Flexibility Improvements Act (H.R. 527) will improve the regulatory process for small businesses. H.R. 527 will strengthen a law enacted 30 years ago (the Regulatory Flexibility Act) that has saved small businesses billions of dollars in reduced regulatory costs. Among other things, the bill expands the authority of the Small Business Administration's (SBA) regulatory watchdog over agency rulemakings. This will help ensure agencies thoroughly consider small business impacts in their analysis and will eliminate loopholes that currently allow agencies to avoid this analysis. Click here for more information.
Colorado Revenue Department Withdraws Proposal Following CACI Objection
July 12--CACI learned today that the Colorado Department of Revenue (DOR) has withdrawn its proposed regulation regarding “Doing Business in Colorado.” On June 20th, the CACI Tax Council submitted a formal memorandum, with comments and concerns, to the DOR and the Governor’s Office. Based on feedback from CACI Tax Council members, the memorandum reflected concerns that the proposed regulation would establish tax jurisdiction based solely on the presence of one member in a combined group of companies without considering the separate legal existence of each of the members. CACI was concerned that this proposed regulation would create an additional tax burden on the backs of businesses in Colorado, and it thus opposed the adoption of the proposed regulation.
Colo. Revenue Department Issues HB-1265 Tax Refunds
June 30--The Colorado Department of Revenue (DOR) has informed CACI that it has begun issuing refunds to businesses that had been held up by the DOR because of the DOR’s interpretation over the amount of time allowed to issue refunds. Initiated by the CACI Tax Council, HB-1265 reaffirmed that businesses have three years to file a refund claim for an overpayment of sales taxes; the Colorado Department of Revenue was trying to advance a 60-day limit. Earlier this year, CACI members made their concerns known to the DOR that taxpayers should continue to be allowed three years to file a sales-tax refund claim. This issue was raised based on inconsistencies being applied by the DOR in determining the length of time to be given for refund claims. CACI Tax Council members made it clear to the DOR that the 60-day rule in statute was simply an additional measure for taxpayers to use for faster processing of refund-claim decisions. Click here for more information.
CACI Batted .818 in the 2011 Legislative Session
The outcome of the 2010 election yielded a legislature with the Republicans narrowly in control of the House by one vote, 33 to 32, while the Democrats retained a comfortable control of the Senate by 5 votes, 20 to 15.
May 11--For CACI and the business community, the 2011 session of the legislature with split control was a good thing: 37 anti-business bills died, 33 in House Committees and four in Senate committees. In other words, for every one bad-for-business bill that died in the Senate, nine died in the House. Ten pro-business bills died in Senate Committees.
Nonetheless, the two chambers compromised in bi-partisan fashion to pass eight CACI-advocated bills, which the Governor signed.
Click here for more information.
CACI Legislative Review: “The Good, the Bad and the Ugly”
May 11--For the Colorado business community, the 2011 session of the Colorado General Assembly, which ended today, differed dramatically from those of recent years. A divided, balanced legislature and a new, pro-business Governor meant that CACI could do more than just defend businesses from bad bills. A divided, balanced legislature meant that CACI could advance bills that clearly will improve the Colorado business climate and employers’ ability to retain and create jobs. It also meant that CACI could successfully fight bad-for-business bills. Click here for more information.
Energy and Environment Council Hosts EPA “Listening Session”
March 11--In January, President Barack Obama directed Federal agencies to conduct a comprehensive review of regulations in order to make them more streamlined and business-friendly. In order to achieve these goals, regional Federal agencies are required to do “listening sessions” with key constituencies for the purpose of gathering information, which will be sent to the Office of Management and Budget. Jim Martin, the Environmental Protection Agency’s (EPA) Region Eight Director, selected CACI’s Energy & Environment Council as the venue to conduct the EPA listening session required by the President’s “Executive Order 13563 - Improving Regulation and Regulatory Review.”
At its meeting yesterday, the Council’s members expressed a number of concerns about existing and anticipated regulations to Martin. Several members raised questions about the new ozone standard, which is anticipated to be announced in late June or early July. Martin indicated that, unlike similar issuances in the past, the EPA is committed to issuing clear guidance to states about with the new standard. Suncor Energy Vice President John Gallagher made clear that the ozone issue and accompanying fuel specifications could affect the viability of the only refinery in Colorado, which would have far-reaching impacts to the entire state.
A key message from the Council members to the EPA was that uncertainty and inconsistencies in regulations increase costs and negatively impact business operations. One major source of uncertainty to CACI members is the Clean Air State Implementation Plan (SIP). Martin indicated that there is a huge effort under way at the EPA to address the backlog of SIP filings, some of which go back as far as 13 years, and hope that after those are caught up they will be able to work through SIPs as they come through the door.
Additionally, Martin will report back to Washington on CACI members’ concerns regarding the potential high costs and un-attainability of water nutrient standards, inflexible jurisdictional water policy, and unwise revisions to the definition of solid waste. Members have asked for more information and guidance on greenhouse gasses (GHG) and the “tailoring rule,” the EPA “fracking” study and water-transfer rules.
Click here for more information.
Republicans Take Control of Colorado House; 84 Percent of CACI-Endorsed Legislative Candidates Win
November 3, 2010--The Republicans control the House by one seat. The Democrats control the Senate either by one or two seats, depending on the outcome of the race in Senate District 16. Of the 36 CACI-endorsed incumbents, 35 won and one lost. Of the 21 CACI-endorsed new candidates, 12 won and eight lost while the Senate District 16 race remains too close to call. In other words, excepting the Senate District 16 race, 84 percent of the CACI-endorsed candidates won.
“CACI is proud of the work by the pro-business candidates who won their elections, and we believe that CACI’s support made a difference in those races,” said Loren Furman, CACI Governmental Relations Vice President.
“The new make-up of the Colorado General Assembly will be a positive change for businesses statewide,” Furman explained, “CACI hopes that the legislature will no longer raise taxes on the backs of business and will consider legislation that will help re-build the workforce and encourage businesses to start re-investing in Colorado’s economy.”
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Legislative Agenda 2010
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