Virginia Chamber of Commerce
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Chamber Briefings 
 June 2015
Upcoming Events

Forum on Trade & Infrastructure 

September 24, 2015

Norfolk, VA

 

Workforce and Education Conference

October 6, 2015

Richmond, VA

 

Virginia Congressional Luncheon

November 2015

 

Virginia Economic Summit
December 2015

 

 

Member News & Events

June 20


Virginia Oil and Gas Association Statement on EPA's Release of its Study of Drinking Water and Hydraulic Fracturing

 

Florida Supreme Court Decision Welcome News for Travelers and State's Leading Industry

President's Message

 

Barry DuVal

June has been a busy month so far here in Richmond. On June 4th, we hosted the 5th Annual Virginia Health Care Conference, where more than 450 people joined us to discuss advancing Virginia's triple aim of better health, better care, and lower cost amid sweeping changes in the health care industry. You can view the presentations, videos, and photos from the day here.

 

We also continue to travel around the state to promote the principles outlined in Blueprint Virginia as we work to keep Virginia as a best state for business and develop the economy of the future. I recently spoke in Northern Virginia on building the new economy there. You can read more on that event here.


 
There are a number of federal and state issues and other programs that we continue to track and stay involved in. One issue that has been at the forefront recently is Trade Promotion Authority (TPA). In Virginia, trade supports more than 1.1 million jobs and we exported more than $35 billion in goods and services last year alone. Renewing Trade Promotion Authority allows for trade agreements that will open new markets to Virginia goods and level a playing field that is too often tilted against American businesses and workers. In a letter last month, the Virginia Chamber of Commerce urged members of the Virginia Congressional Delegation to support the Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

 

While we continue to wait for final action on TPA, we want to thank our elected leaders who have been supportive of TPA, including Senators Mark Warner and Tim Kaine and Reps. Scott Rigell, Randy Forbes, Robert Hurt, Bob Goodlatte, Don Beyer, Barbara Comstock and Gerry Connolly. We will continue to track this important issue and keep you updated.

 

Below, you'll find a number of other items that we are keeping an eye on and that may be of benefit to your business, including:

  • patent trolling
  • federal highway and transportation funding
  • newly announced EPA regulations on aircraft emissions
  • EPA waters of the US rule 
  • Employee misclassification 
  • Newly announced Virginia Velocity business plan competition
  • Virginia Small Business Financing Authority small business loan opportunities
  • Talent solutions grant competition for economic development
and more. We hope that you find these updates to be timely and relevant. 

 

House Judiciary Committee Approves Goodlatte Patent Reform Bill by Overwhelming, Bipartisan Vote

 

The issue of patent trolls has been a concern of the Virginia Chamber of Commerce in recent years because patent trolls threaten the integrity of the patent system, harming economic growth and job creation. Patent trolls use flaws in our patent system to force small companies to settle because they can't pay millions of dollars in legal fees. Some small companies try to fight the trolls and go through the litigation process, only to spend money that could have been invested in research or development that creates jobs.

 

In recent years, unscrupulous firms looking to make a quick buck have threatened to sue companies here in Virginia. These so-called patent assertion entities (PAEs) do not make or produce anything. Instead, they use old patents to threaten legitimate businesses - often for simply using products made by someone else.

 

Congressman Bob Goodlatte (VA-6), has been a leader on the patent trolls issue, and introduced the Innovation Act to protect and promote American innovation and intellectual property. In a Google Hangout with Virginia Wins and Virginia Chamber members on May 18th, Congressman Goodlatte discussed the issue of patent trolls and what the Innovation Act would do to address the issue:

 


 

We are pleased to report that last week, the House Judiciary Committee approved the Innovation Act (H.R. 9) by an overwhelming vote of 24-8.  This bipartisan bill takes steps to combat the ever increasing problem of abusive patent litigation.  The legislation addresses abusive practices taking place in our courts.

 

Key Components of the Innovation Act:

  • Targets Abusive Patent Litigation: The bill targets abusive patent litigation behavior and not specific entities with the goal of preventing individuals from taking advantage of gaps in the system to engage in litigation extortion.  It does not attempt to eliminate valid patent litigation.
  • Protects the Patent System: This legislation does not diminish or devalue patent rights in any way. 
  • Increases Transparency: This legislation requires greater transparency in patent litigation and requires parties to explain exactly why they are suing a business or individual.  Requiring parties to do a bit of due diligence up front before filing an infringement suit is just plain common sense. It not only reduces litigation expenses, but saves the court's time and resources. Greater transparency and information is a good thing and it makes our patent system stronger. 
  • Prevents Extortion: The legislation prevents any one party in a patent lawsuit from unilaterally racking up extreme litigation costs for another party in an attempt to force a dubious settlement.  
  • Provides Greater Clarity: The legislation provides for more clarity surrounding initial discovery, case management, joinder and the common law doctrine of customer stays.  The bill works hand-in-hand with the procedures and practices of the Judicial Conference and the courts. 
  • Small Business Education: The bill provides for small business education and outreach by the U.S. Patent and Trademark Office. 
  • Places Reasonable Limits on Venue in Patent Cases:  Restores Congress's intent that patent infringement suits only be brought in judicial districts that have some reasonable connection to the dispute. Since 1897, Congress has regulated the venue in which patent actions may be brought. These limits protect parties against the burden and inconvenience of litigating patent lawsuits in districts that are remote from any of the underlying events in the case. In 1990 the U.S. Court of Appeals for the Federal Circuit "reinterpreted" that statute in a way that robbed it of all effect. The Innovation Act corrects the Federal Circuit's error, and restores the congressional purpose of placing some reasonable limits on the venue where a patent action may be brought. 
  • Reduces Unnecessary, Expensive Discovery: Requires that courts stay discovery in a patent case when a motion to dismiss or a motion to transfer has been filed.  This will help parties avoid expensive, wasteful discovery that might otherwise be used as leverage by patent trolls looking for a quick settlement when a case can be resolved quickly and early.

President signs 2-month extension for highway funding

 

On May 29, the President signed into law the Highway and Transportation Funding Act of 2015, extending funding for the Highway Trust Fund for 60 days through the end of July.  The previous extension, passed last summer, extended funding from Oct. 1, 2014, through May 31, 2015.  This is Congress' 33rd stopgap surface transportation measure in a decade.  Lawmakers have not approved a long-term funding bill since the last one became law in 2005, followed by passage of a two-year bill in 2012.

 

Congress will again be forced to revisit both the trust fund's spending authority and revenue problems later this summer. According to the Congressional Budget Office (CBO), the Highway Trust Fund (HTF) would need $3 billion to meet its obligations through September 30 if Congress decides to pass another extension to federal transportation funding programs from the current deadline of July 31. If Congress decides to extend the HTF funding until Dec. 31, the fund would need roughly $8 billion to maintain a balance that would allow the U.S. Department of Transportation to make payments out of the fund "in a timely fashion." However, if the fund is extended for six years, the CBO projects that the cumulative shortfall in the Highway Trust Fund would be between $85 billion and $90 billion by May of 2021.

EPA Says It Will Set Rules for Airplane Emissions

 

The Obama administration announced on June 10th that it would regulate greenhouse gas emissions from airplanes. 

In the announcement, the Environmental Protection Agency said that emissions from airplanes endanger human health because of their contribution to global warming. This finding does not impose specific new requirements on airlines yet, but it requires the agency to develop the rules, as it has done for motor vehicles and power plants.

To read more from the New York Times, please click here.

Final "Waters of the United States" Rule Released

 

On May 27, the Environmental Protection Agency (EPA) and the Army Corps of Engineers released their final Waters of the United States (WOTUS) rule--known as the "Clean Water Rule."  EPA revisions to the Clean Water Act have been criticized by many in the business community.  
Among the concerns are the significant increase in EPA's jurisdictional powers that would impose additional burdens on many industries. Under the new rule, the EPA is extending federal control over waters that the EPA says has a "significant nexus" to a navigable waterway. In the almost 300 pages of regulations, definitions, explanations, and justifications for the rule, waters now under federal regulatory authority "include wetlands, ponds, lakes, oxbows, impoundments, and similar water features" that are "in the 100-year floodplain and that are within 1,500 feet" of a navigable water. 

The regulation is expected to take effect 60 days after it's published in the Federal Register.  

The Clean Water Rule can be viewed here
Virginia Launches New Initiative on Misclassification of Employees

Last August, Governor McAuliffe issued Executive Order Number 24 to create an Inter-Agency Task Force on Worker Misclassification and Payroll Fraud. The purpose of the taskforce is to develop and implement a comprehensive plan to reduce worker misclassifications.  

 

The Department of Labor and Industry updated its Virginia Occupational Safety and Health policy dealing with employee misclassification (effective July 1). You can read more about the new policy here

 

While we don't support misclassification of employees, we also want to make sure that any state actions don't discourage legitimate independent contractor relationships. If you have any concerns or questions regarding misclassification or enforcement of misclassification violations, please let us know.

Virginia Unmanned Systems Commission Established

Governor Terry McAuliffe signed Executive Order 43 on June 12th, establishing the Virginia Unmanned Systems Commission to bring public and private sector experts together to make recommendations on how to make Virginia the national leader in unmanned systems.

 

"Capitalizing on Virginia's advantages in the unmanned systems industry is key to building a new Virginia economy," said Governor McAuliffe. "This executive order will lay the foundation for my administration's efforts to make this Commonwealth the world's leader in unmanned systems and seize the enormous economic opportunities that accompany growing this industry.

 

The Commonwealth of Virginia is home to the eighth largest concentration of unmanned system firms in the nation at a time when the use of unmanned systems is rapidly expanding.  Unmanned systems could provide Virginia with numerous practical benefits: crops could be inspected and maintained using unmanned aerial technologies; traffic jams could be ameliorated by self-driving ground vehicles; and, Virginia's waterways could be protected from contamination with advanced unmanned marine systems.  As these new and exciting possibilities emerge, Virginia is in a highly competitive position to take the greatest advantage of the industry's development and reap benefits from it.  

 

The Virginia Unmanned Systems Commission will be a key asset in charting the way forward to grow this industry and create new, good jobs and economic opportunities across the Commonwealth.


To read more about the Virginia Unmanned Systems Commission announcement, click here.
Governor Launches "Virginia Velocity" Business Plan Competition

Virginia's business plan competition, Virginia Velocity, is now open for applicants. 

 

Virginia Velocity will provide $850,000 in prizes for winners, and at least four winners will be chosen.  The competition is open to all companies in the bioscience and energy sectors, including those based outside of Virginia. Eligible competitors are for-profit organizations that have been engaged in their current business for at least 24 consecutive months.  Winning companies need to be willing to locate in Virginia for at least two years and are expected to have an office operating in Virginia by January 1, 2016.  The minimum age to apply is 18 years of age; the deadline for submitting an application is July 10, 2015.
 
Overseen by the Office of the Secretary of Commerce & Trade, Virginia Velocity is intended to help build awareness of Virginia's entrepreneurial economy.  

 

To apply for Virginia Velocity, click here.

 

For more information, visit www.virginiavelocity.org.

 

 

Virginia Small Business Financing Authority Loan Program Opportunities

 

Established in 1984 by the Virginia Small Business Financing Authority Act, the Virginia Small Business Financing Authority (VSBFA) is the Commonwealth's primary mechanism for economic development financing programs. VSBFA's mission is to create new Virginia jobs and retain existing ones by helping creditworthy businesses access financing they would not have otherwise obtained. The VSBFA is made up of a small staff of experienced commercial loan officers and credit administration staff, and has a Governor-appointed Board of Directors which meets monthly.

 

There are a number of loan programs available to businesses through the VSBFA. General eligibility requirements include: 

  • For-profit businesses--located in VA with fewer than 250 employees in VA at the time of application
  • 501(c)3 non-profits--of any size, located in VA
  • Industrial Development (or Economic Development) Authorities--of any size, located in VA and desiring assistance in financing economic development projects which are significant to their locality
  • Other borrowers and projects which meet requirements as determined by the Board, including entities which:
    • exist for the sole purpose of developing or operating a qualified transportation facility under the Public-Private Transportation Act of 1995
    • exist for the primary purpose of developing or operating a qualified energy project
Some of the current opportunities include:

Direct loans
  • Small Business MicroLoan program (to be renamed SWAM Loan Fund)
    • loans of up to $25,000
    • VSBFA funds
  • Child Care Financing Program
    • loans for child daycare centers or family home providers
    • funds from VA Department of Social Services
  • Economic Development Loan Fund Program
    • Used in conjunction with private-sector financing
    • loans of up to $1,000,000 (possibly higher with significant economic development projects)
    • EDA or SSBCI (federal) funds or VSBFA funds, depending on project location and eligibility
Grants
  •  Small Business Investment Grant Fund
    • recently relocated to VSBFA
    • collateral materials under development
For more information on the VSBFA, click here.

Governor McAuliffe announces Talent Solutions Grant Competition for Economic Development


 
Governor Terry McAuliffe announced last week that the Governor's Office, in partnership with the Virginia Employment Commission (VEC), will be offering the Commonwealth's first competitive grants designed to help close the skills gap in key industry sectors of critical importance to the Virginia economy and reward and encourage employer-led talent development solutions. These state grants will be matched by private funds and used to provide job training and develop vital workplace skills for prospective and existing employees.  


 

To align with business priorities, grant awards will be made available to three types of private sector applicants:  

  • A group of businesses operating in the same industry sector that comes together out of a shared commitment to design and execute an innovative and highly effective training program to develop a talent pipeline of skilled workers for entry level jobs that can lead to career positions.  
  • A group of businesses from different industry sectors that have a common workforce development need and join together to design and execute training to develop shared skill requirements in new job applicants or incumbent workers.  
  • An individual employer who has identified a need to lead a skills development initiative with companies who comprise that employer's supply chain.  In this type of grant application, the large employer takes the lead in working with members of its supply chain to identify common critical workplace skills that can be developed through incumbent or pre-employment training. 

A total of $900,000 in grant money is available, with a maximum individual grant award amount of $200,000.  The grants require private sector matching funds equal to or greater than the amount of the awarded grant.  They encourage public-private partnerships and proposals that leverage additional resources through regional workforce development agencies, such as Workforce Development Boards, community colleges or other public or private partners. Applications are due to the VEC on or before September 30, 2015, and awards are expected to be announced by October 23, 2015.  


 
More information on the grants can be found here.

Smithfield Foods: Anatomy of a sustainability turnaround  

 

 

Learn more about how Virginia Chamber Board Member Dennis Treacy, Chief Sustainability Officer at Smithfield Foods, turned the company into a leader in corporate sustainability.

 

EPA: Virginia doing well overall in bay cleanup goals  

 

From the Daily Press:

 

Virginia is set to meet its targets to reduce two key pollutants dumped into the Chesapeake Bay, but will fall slightly short of the target to reduce sediment, according to a new federal report.

 

The U.S. Environmental Protection Agency interim assessment and the Chesapeake Bay Foundation agree that this is overall good news for the state's efforts to meet its long-term commitment to help restore the polluted estuary.

 

To read more, click here.

Corporate Tax Reform Would Give North Carolina Lowest Rate East of the Mississippi

 

From Forbes.com:

 

Lawmakers in the North Carolina Senate have put forth a proposal that would build upon the historic tax reform signed into law by Gov. Pat McCrory (R) in 2013. The proposal would provide nearly $2 billion in state tax relief to individuals, families, and employers across the Tar Heel State over the next five years.

 

North Carolina used to have the highest income tax in the southeast, with a top rate of 7.75 percent. Thanks to the 2013 tax reform, that is no longer the case and the state now levies a flat 5.75 percent income tax. The new senate plan would cut the state income tax another four percent, dropping the rate to 5.5 percent starting in 2016. The senate plan also raises the standard deduction to $18,500 by 2020. These changes would result in a $3.1 billion income tax cut for North Carolinians over the next five years.

 

 

Keep up with the Virginia Chamber on Twitter!

World Industrial Power Prices

 

From Power Magazine:

 

How much industry pays for power varies tremendously by country, owing to variations in generation costs, network costs, and taxes, fees, and surcharges. This comparison shows average industrial electricity prices in 2013, with each nation's tax component. Also shown is the fuel source that dominated each nation's power mix in 2013.

 

Source: UK Department of Energy and Climate Change, Eurostat, International Energy Agency. Copy and artwork by Sonal Patel.

Survey: Big Companies Plan to Increase On-site Health Care


Survey data show 38% of large U.S. employers that have an on-site health center plan to add facilities over the next two years, while 66% say they will expand services beyond primary care. Towers Watson's 2015 Employer-Sponsored Health Care Centers Survey found the main reasons for having on-site facilities included increasing productivity, reducing health costs and improving employee access to care. The survey found 75% of employers with on-site health centers track return-on-investment.


 

To read more, click here.

Business Leaders Roundtable on June 22

On June 22nd, the Thomas Jefferson Institute, in cooperation with the Virginia Chamber of Commerce, is hosting a Special Business Leaders Roundtable on Virginia's Economic Future at George Mason University's Fairfax campus. A unique group of expert panelists will address the outlook for Virginia's economy and key industries, obstacles standing in the way of growth, and policy changes that should be considered.

 

Speakers include:

 

Dr. Martin Regalia, Chief Economist, US Chamber of Commerce 

Terry Clower, Director of George Mason University's Center for Regional Analysis 

Brett Vassey, President, Virginia Manufacturers Association 

Nicole Riley, State Director, National Federation of Independent Business 

Stephan Cassaday, President and CEO, Cassaday & Company 

Josh Levi, Vice President for Policy, Northern Virginia Technology Council 

Honorable Tom Davis, Rector, George Mason University and former Member of Congress (moderator)

 

There is no cost to attend the event, but advance registration is required. Please click here to register.

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