Virginia Chamber of Commerce
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Chamber Briefings 
 November 2014
Upcoming Events

December 5, 2014
The Williamsburg Lodge
9:00 am-2:00 pm

January 9, 2015

January 28, 2015



 
SAVE THE DATE!

Energy & Sustainability Conference

March 17, 2014


 
Fantastic 50

April 30, 2015

President's Message

 

Barry DuVal

On November 10th, the General Assembly met for a one-day special session to elect judges and address further cuts to the budget due to the $2.4 billion budget shortfall. The House and Senate also both passed legislation to allow insurance companies to renew health insurance plans in 2015 that were cancelled under the Affordable Care Act. Governor McAuliffe has since signed the bill into law.

 

We are continuing to monitor the situation with the state's budget shortfall. Officials are still working to identify approximately $322 million in remaining cuts, which Governor McAuliffe is expected to address in amendments he'll announce to the General Assembly's money committees December 17.

 

On Wednesday, November 19th, we were pleased to host the 2014 Virginia Congressional Luncheon on Capitol Hill. Over 200 business leaders joined us from members of Virginia's Congressional Delegation including Senator Mark Warner, Senator Tim Kaine, Congressman Bob Goodlatte, Congressman Robert Hurt and Congressman Morgan Griffith.

Each highlighted important business issues such as healthcare costs, energy, transportation re-authorization and the federal budget and national debt. To view pictures from the Congressional Luncheon, please click here.

 

As we continue to prepare for the 2015 General Assembly session, we plan to host a pre-session Legislative Roundtable meeting on December 16th. Legislative Roundtable provides Virginia Chamber members the opportunity to discuss their priorities for the upcoming General Assembly session as well as hear what others are anticipating. For more information, or to sign up to attend, please click here.

 

We're looking forward to hosting the 5th Annual Virginia Economic Summit on December 5th in Williamsburg. This year's topic is "Innovating Virginia's Future." We invite you to join us as we explore how innovation and entrepreneurship are empowering our state's economy and enhancing our economic competitiveness. For more information on the Economic Summit, as well as other upcoming events in 2015, please see below.

Blueprint Virginia Implementation: Executive Orders, Commissions, Studies and Other Announcements

JLARC Releases Study on Cost of Public Higher Education in Virginia

In 2012, the General Assembly directed JLARC to study the cost efficiency of the state's institutions of higher education and to identify opportunities to reduce costs. Interest in this topic was spurred by substantial increases in tuition and fees in recent years and the high debt load of Virginia students. Earlier this month, JLARC released the findings of this study, which presents options and recommendations to address the rising cost of public higher education in Virginia. Some key findings include: 

  • Virginia's higher education institutions are high quality but high cost
    • Virginia's 15 public four-year higher education institutions collectively achieve their missions-to educate and graduate students-better than most. Virginia ranked second among all states in terms of average six-year graduation rates.
    • The state's public institutions are also, on average, among the nation's most expensive for students.
  •  Spending increased, primarily on non-academic services
    • Total institutional operating spending per student increased 24 percent between FY 2002 and FY 2012. The majority of this spending growth was on the non-academic services, which accounted for 56 percent of the total increase in per student spending.
  • State and individual institutions have relied heavily on debt to expand or improve campuses, and maintenance needs have grown
    • At colleges and universities around the country, borrowing and capital spending have generally increased over the past two decades, but Virginia's borrowing and spending have been exceptionally high.
    • Amid this substantial capital spending, existing facilities have deteriorated.
To view the full study, click here.
EPA Regulations

The United States Environmental Protection Agency (EPA) continues to issue burdensome regulations that are stifling business growth. There are a number of issues that we are currently monitoring.

Also, the Richmond Times Dispatch recently published an op/ed by Barry DuVal outlining the EPA's regulatory overreach. To view this op/ed, please click here.

EPA CLEAN POWER PLANT COMMENT PERIOD EXTENDED 

EPA has announced a 45-day extension of the comment period for EPA's Clean Power Plant proposal. Stakeholders now have until December 1st to comment on the rule, which mandates Virginia's existing power plants to cut carbon dioxide emissions by 38 percent below 2005 levels by 2030. To view instructions on how to submit comments, please click here.

 

EPA based the target for this state on cuts through the following: 

  • 3.4%: Increase efficiency of coal plants
  • 16.2%: Use low-emitting natural gas combined cycle plants more where excess capacity is available
  • 11.8%: Use more zero-emitting power sources such as renewables and nuclear
  • 6.5%: Reduce electricity demand by using electricity more efficiently

On October 14, the State Corporation Commission (SCC) provided comments to the EPA on their proposed Clean Power Plan. According to the SCC's review of the proposed federal rules, the EPA's carbon plan is likely to "substantially" increase the costs of electricity and "significantly" affect the reliability of electrical service. The SCC estimated it would cost Dominion Virginia Power $6 billion to comply with these proposed rules (the SCC leaves out the costs for other utilities to comply).

 

The North American Electric Reliability Corporation (NERC), the organization charged with protecting America's power supply, has warned that the Obama administration's power plant proposal would threaten the nation's electric reliability. In a new report, NERC raised concerns about EPA's assumptions in its proposed "Clean Power Plan," including the compliance timelines. NERC called for more time and increased analysis to determine whether the nation's electric grid could withstand EPA's aggressive proposal.

 

Companies have announced that 27 gigawatts (27,000 megawatts) of coal power will be permanently shut down by 2020, but according to a report from Standard & Poor's, between 40 and 75 gigawatts of coal power might be shut down by the end of the decade.  What do the closures mean for electricity costs? According to a new report from the Brattle Group, the loss of coal will increase the price of power by 25 percent for energy grids that currently supply power for one-third of the nation.


The Virginia Chamber has submitted comments to the EPA (click here to view these comments) as well as outlined our position to members of our congressional delegation and state leaders.

 

 

NEW EPA WATER RULE 

The Environmental Protection Agency (EPA) proposed a new rule in April to clarify the agency's authority to regulate bodies of water under the Clean Water Act (CWA). Currently, regulations define "waters of the United States" as traditional navigable waterways, interstate waters, waters that could affect interstate or foreign commerce, tributaries, wetlands and the like. Polluting any of these waters requires a permit under the Clean Water Act. The proposed rule would, for example, consider streams that flow into a larger body of regulated water as waters of the United States.

 

If the proposed rule were finalized, many businesses will be confronted by new federal permitting obligations. Virtually any business that owns or operates a facility or has property could be affected, particularly if it has industrial ditches, retention ponds for stormwater runoff, fire ponds, dust suppression ponds, or other surface impoundments on site.  All of the new areas covered would bring with them new permit requirements. The new rule would increase permit costs between $19.8 million and $52 million each year.  In addition, mitigation costs would increase by $59.7 million to $113.5 million annually. Further, stormwater programs run by municipalities will be required to impose more stringent controls on facilities with parking lots, storage pads, or other large paved areas.

 

The Virginia Chamber recently joined the US Chamber and a coalition of over 350 business organizations in submitting comments to EPA Administrator McCarthy on this issue. To view the comments, please click hereThe comments detail several examples of the impacts of the proposed rule, including:

  • Maps prepared by EPA show the rule could expand federal jurisdiction over waters from 3.5 million river and stream miles to well over 8 million river and stream miles;
  • The rule would make most ditches into "tributaries."  Routine maintenance activities in ditches and on-site ponds and impoundments could trigger permits that can cost $100,000 or more;
  • These permitting requirements would likely trigger additional environmental reviews that would add years to the completion time for ordinary projects;
  • Even if a project can get a permit, firms will often have to agree to mitigate environmental "damage" with costly restoration/mitigation projects;
  • The proposal would likely also result in more stringent storm water management requirements, which would affect retailers, companies with large parking lots, "big box" stores, etc. 
STATES FACE REGULATION OF NEW OZONE EMISSIONS RULES

The Environmental Protection Agency (EPA) is proposing a new rule lowering the ground-level ozone standard from 75 parts per billion, where it's been since 2008, to an expected range of 70 to 60 parts per billion. The EPA is under court order to release its draft proposal to the public by Dec. 1, and finalize it next year. The revised ozone standards range of 70 to 60 parts per billion was recommended by the Clean Air Science Advisory Committee, a scientific panel that advises EPA in setting the national ambient air quality standards. 

 

The Clean Air Act requires the EPA to set national ambient air quality standards for ozone and other pollutants that allow for an adequate margin of safety to protect public health. While the EPA sets the standards, state air regulators must monitor the pollutants. Ozone nonattainment areas are areas that exceed the minimum standards. A nonattainment area triggers states to submit a state implementation plan to the EPA outlining how the state air quality division plans to bring an area back into attainment. Bringing a nonattainment area back into attainment can cost existing industries money to retrofit or prohibit new industries from moving into an area.

 

Reducing emissions won't be easy and will be costly. By its own evaluation, the EPA estimates the cost of reducing ozone to 70 to 60 parts per billion ranges from $19 billion to $90 billion annually. Those estimated costs are significantly low according to some industry experts which claim the real cost is closer to $270 billion a year in addition to the estimated $2.2 trillion it will cost to bring certain businesses into compliance in nonattainment areas if the standard is set at 60 parts per billion. The potential impact of this new EPA regulation is:

  • $46 billion in Gross State Product loss through 2040,
  • 36,123 fewer Virginia jobs each year through 2040,
  • $11 billion increase in total compliance costs across all state sectors from 2017 - 2040,
  • Up to 15 percent increase in household electricity prices nationwide, and
  • An estimated shutdown of 31 percent of Virginia's coal-fired generating capacity

Despite the steep price tag, the EPA is prohibited by statute to take costs into account in setting air quality standards.

State Rankings Updates

Forbes Releases 2014 Best States for Business Rankings
This month, Forbes released its 2014 Best States for Business Rankings. Virginia ranked 4th this year, down from the top spot last year. The Best States ranking looks at 36 data points across six main areas: business costs, labor supply, regulatory environment, economic climate, growth prospects and quality of life. Business costs, which include labor, energy and taxes, are weighted the most heavily. Virginia got high marks for economic climate and labor supply, ranking No. 1 and No. 2 in those categories. Business costs came in at No. 24 and growth prospects rankings at No. 33.

To view the full story and rankings from Forbes, please click here.

Site Selection Magazine Ranks Virginia 10th for Business Climate
Earlier this month, Site Selection Magazine released its 2014 "Top US Business Climate" rankings. This year, Virginia ranked 10th in the listing of best business climates in the nation. Last year, the Commonwealth ranked 8th.

 

The rankings are determined 50 percent by criteria such as the states' performance in total New Plant Database compliant facilities, total new facilities per capita, total new projects year to date, and state tax burdens on mature and new firms.

 

The other 50 percent is determined by a survey of corporate executives working in site selection. The survey asks them to rank states based on factors such as government, workforce, incentives and land availability.

In the executive survey portion, Virginia ranked No. 5, behind Texas, Georgia, South Carolina and North Carolina.

 

To read more on the Site Selection rankings, click here.

Supreme Court to hear challenge to Health Care law arising out of Virginia

 

(New York Times) On November 7, 2014, the Supreme Court agreed to hear another challenge to the Patient Protection and Affordable Care Act (ACA).  This time, the case comes from Virginia.

 

The ACA regulates the individual health insurance market through exchanges created along state lines. A state may set up its own exchange, or a state may elect not to establish an exchange, in which case the state uses a federally-established exchange.  Under a current Internal Revenue Service (IRS) rule, in either instance, tax credits are extended to anyone enrolled in a health plan through an exchange, regardless of whether the exchange is operated by a state or by the federal government.

 

Virginia, along with 35 other states, uses a federally-established exchange.  The issue in the case before the Supreme Court is whether people in states like Virginia who use the federally-established exchange should receive the tax credits. 

 

In July 2014, the U.S Court of Appeals for the Fourth Circuit, which includes Virginia, heard the case and allowed the IRS regulations to stand.  They ruled that the phrase in question in the ACA was "ambiguous and subject to multiple interpretations," which meant the IRS's interpretation was entitled to deference.

 

The disparity of rulings on this issue from different parts of the country makes the validity of tax credits in states using federally-established exchanges ripe for consideration by the U.S. Supreme Court.

 

The case is likely to be argued in February or March with a decision probably arriving in June. To read more, click here.

 

Join us on December 5th at the Williamsburg Lodge as we explore how innovation and entrepreneurship are empowering our state's economy and enhancing our economic competitiveness. 

 

 

A SPECIAL ANNOUNCEMENT REGARDING VIRGINIA'S FUTURE 


 
In addition to topical panels on tomorrow's transformational trends and competing in global markets, the event will also feature a presentation of the New Virginia Economy Strategic Plan by Governor Terry McAuliffe and Secretary of Commerce and Trade Maurice Jones.

 

  

 

 FEATURED PANELS:

 

Game Changers: A Look at Virginia's Top Innovators

What global economic forces will impact business strategy for the next 10 years? What technologies are poised to have the greatest impact on the way businesses innovate their products and services? How can Virginia's regions position their communities for the future? Virginia's most innovative technology companies share their outlooks for what to expect. 

 

Putting Global Trade to Work for Virginia's Economy

Learn firsthand how Virginia benefits from our companies that sell internationally. Join 4 leading Virginia exporters as they describe their successes in global markets, and discover why international trade is critical to their corporate growth.  

 



The Virginia Bankers Association (VBA) and the Virginia Chamber of Commerce have partnered to host the 2015 Financial Forecast on January 9 at the Greater Richmond Convention Center. Now in its fourth year, this is the premier event of its kind in Richmond, attracting hundreds of members of the business community.

 

The program will include presentations from Federal Reserve Bank of Richmond President, Jeffrey M. Lacker and the Port of Virginia CEO and Executive Director, John Reinhart. Event registration will open at 11:00 a.m. and the luncheon will begin at noon. 


The VBA and the Virginia Chamber are delighted to offer a forum that will bring business leaders from across the Commonwealth together to hear an update on what to expect for Virginia and for the economy in 2015.

 

 

 

For more information about event sponsorship, please click here or contact VBA Senior Manager, Education & Training, Amy Binns at abinns@vabankers.org or 804-819-4726.

January 28, 2015
Omni Richmond Hotel


 

CHAMBER DAY AT THE CAPITOL

9:00 a.m. - 2:00 p.m.


Chamber members and Chamber of Commerce executives from across the Commonwealth will convene at the Capitol for briefings from Virginia's top government leaders.


 
Invited Speakers Include:

Governor Terry McAuliffe

Lt. Governor Ralph Northam

Attorney General Mark Herring

House and Senate Leadership 

 

Early Bird pricing for Chamber Day--$65 through 12/19


 

OLD DOMINION ASSEMBLY 

LEGISLATIVE RECEPTION

6:00 p.m. - 8:00 p.m.

 

Join more than 800 guests at one of the premier events on the legislative social calendar!


ODA Tickets--$120 

 
 

**Please note that separate tickets are required for Chamber Day and ODA

News Updates


N.C. governor plans interstate to Hampton Roads (Pilot Online)--

An interstate highway from Hampton Roads to Raleigh? North Carolina Gov. Pat McCrory endorsed the idea Friday during a trip to Elizabeth City touting his 25-year transportation plan. McCrory and Secretary of Transportation Tony Tata talked about a new corridor that would follow the route of U.S. 17 through Chesapeake south from the Virginia line, swing past Elizabeth City, and connect to U.S. 64 in Williamston on its way to Raleigh. "One of the great possibilities for this area is connection to Virginia," McCrory said. To read more, click here.

 

New on Campus: The 3-Year Degree (The Wall Street Journal)--To combat rising college costs and student debt, more schools are offering a three-year bachelor's degree. Schools including Purdue University, the University of Iowa and the University of South Carolina are betting that students will want to finish college sooner by spending a year less on campus. Whether there will be many takers remains unclear. Also, figuring out how much a three-year degree saves isn't straightforward. Colleges generally charge the same per-year tuition, but these students often incur extra charges for summer courses and added classes during regular semesters. The additional fees, however, are still lower than another year of full tuition, and students avoid a fourth year of housing and meal expenses. Moreover, these students can enter the workforce and start earning money a year ahead of four-year classmates. To read more, click here.

 

Business groups brace for deluge of regs (The Hill)--Business groups are bracing for an onslaught of regulations, with the Obama administration bent on completing a host of the president's unfinished policy goals and the midterm elections now in the rearview mirror. Agencies across federal government are expected to drop a host of major rules over the next few months, with regulations running the gamut from calorie label requirements on restaurant menus to new rules for hydraulic fracturing and air pollution. To read the full article, click here. 

 

Can Unions Use their Company Email for Union Business? (The Wall Street Journal)--In 2007, the National Labor Relations Board, which oversees most private sector union elections and resolves labor disputes, ruled that employees did not have a right to use their employers' email systems for union communications.  But now, according to Melanie Trottman at the Wall Street Journal, the NLRB is reconsidering that decision after a union in California claimed company email restrictions violated their rights. Unions want the NLRB to overturn its 2007 policy, insisting that email is centrally important to modern-day communication. The unions' position is that when the employer grants access to its email system, employees should be able to use the system to communicate about workplace conditions and union efforts. Businesses, however, disagree, saying a change could violate employers' property rights, congest servers, threaten worker productivity and infringe on companies' First Amendment rights not to communicate the unwanted messages of others. To read more, click here.

 

State jobless rate falls to 5.3 percent in October (Richmond Times Dispatch)--Virginia's unemployment rate declined to 5.3 percent in October from 5.5 percent the month before, reversing what had been a upward trend in the rate for several months.While the state is still experiencing slow job growth compared with the nation, the jobless rate was down from 5.4 percent a year ago in October, the Virginia Employment Commission reported this month. To read more, click here.


US roads and bridges 'on life support' (The Hill)--
A fund that subsidizes transportation projects across the country is nearly broke, former Transportation Secretary Ray LaHood said in an interview that will air Sunday evening. "Our infrastructure's on life supports right now. That's what we're on," LaHood said on CBS's "60 Minutes."  To read more, click


Senators say time has come to roll back state car tax relief (Richmond Times Dispatch)--The growing pressure on Virginia's budget has some senators uttering the unmentionable - roll back car tax relief.  The car tax program - adopted in 1998 and capped in 2004 - is eating up $950 million a year in money the state takes from the general fund and sends to local governments to partially offset the local personal property tax that taxpayers love to hate. The program no longer caps the amount of tax the locality charges its vehicle owners, only the amount of state subsidy, which takes almost $2 billion in revenue off the top of the general fund in the two-year budget. To read the full article, click here.

Online sales-tax bill stalls, so gas price will likely jump (Pilot Online)--Virginia drivers will likely pay 5 cents more for a gallon of gas come Jan. 1 to help pay for transportation needs because Congress won't require online retailers to pay state sales taxes meant to replace a gas tax increase. State leaders had hoped Congress would approve the legislation, which requires large online retailers to collect state sales taxes when selling to consumers in those jurisdictions. The tax applies only to businesses doing more than $1 million a year in online sales. Currently, online sellers pay sales taxes only in states where they have a physical presence. To read more, click here.

Governor McAuliffe announces 16% economic impact increase of the Virginia Film Industry in 2013--Governor Terry McAuliffe announced this month that the total economic impact of the film industry in Virginia in 2013 was $382.5 million, providing $19.4 million in state and local tax revenue for the Commonwealth. This is a 16% increase from 2012 when the economic impact was $328.4 million. In 2013, a total of 2,014 full-time jobs were available in the film industry. To read the full release, click here.

McAuliffe says state's economy in 'perilous' situation (Richmond Times Dispatch)--Uncertainty in Washington on issues including the unresolved federal budget, the need to revisit the debt ceiling in April, and "gigantic" sequestration cuts due to take effect next October put Virginia's economy in a "perilous" situation, Gov. Terry McAuliffe said this month. "The next 10 months are critical for Virginia," McAuliffe said after a meeting of the business executives, economists and state officials that make up the Governor's Advisory Council on Revenue Estimates. To read the full article, click here.