AIR CONDITIONING CONTRACTORS OF AMERICA for AIR CONDITIONING CONTRACTORS OF AMERICA

Taxation/Internal Revenue Code TAX

H.R. 7671 Airborne Act - Congressman Don Beyer (D-VA) introduced the Airborne Act, which incentivizes non-residential building owners to conduct indoor air quality assessments (IAQ) and upgrade their ventilation and air filtration systems. Specifically, the Airborne Act would: Incentivize commercial building owners to conduct IAQ assessments of their properties by providing them with a $1 per square foot tax credit, not to exceed the cost of conducting the assessment. Incentivize commercial building owners to upgrade their HVAC/air filter systems to reach the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 62.1-2019 and a Minimum Efficiency Reporting Value (MERV) rating of 13 or better for their properties. This standard mirrors ASHRAEs Epidemic Task Force Recommendations from October 2021 to reduce the spread of respiratory diseases like COVID-19. The tax credit for upgrades is equal to $5 per square foot of property affected for air filters, and $50 per square foot for HVAC systems and is limited to 50% of the total project cost. Create a Department of Energy & Environmental Protection Agency voluntary certification program for property owners to certify that their properties are in compliance with the IAQ standards outlined above. Eligible recipients also include non-profits and for certain public properties, the credit is transferable to the appropriate private entity carrying out the upgrade.

Contacted: SENATE; HOUSE OF REPRESENTATIVES

Bills named: H.R. 7671 (117th)

Energy/Nuclear ENG

The federal government has numerous programs to help people find affordable housing. The federal government also funds programs to help low-income families with their energy bills. The Low Income Energy Assistance Program (LIHEAP) assists households with low incomes, particularly those with the lowest incomes that pay a high proportion of household income for home energy, primarily in meeting their immediate home energy needs. This program can be used to provide home cooling, weatherization, and/or energy-related low-cost home repairs or replacements. The Residential Energy Assistance Challenge Program (REACH) allows the Department of Health and Human Services to award supplemental LIHEAP funding for current grantees to receive competitive grants to implement innovative plans to help LIHEAP eligible households reduce their home energy vulnerability. If these housing and HVAC programs do not follow quality installation industry standards, then taxpayer money is being wasted on homes and HVAC systems that consume more energy than they are supposed to. SOLUTION: ACCA believes federally funded/financed housing programs should have HVAC systems installed according to nationally recognized quality installation standards. SOLUTION: ACCA believes that funding programs to help low income families install HVAC systems or improve their homes efficiency should follow the HVAC industrys installation/home evaluation & performance standards.

Contacted: SENATE; HOUSE OF REPRESENTATIVES

Education EDU

In a recent publication, the Education Commission of the States analyzed the "State of the State" addresses of 44 governors to find out what issues they care about the most. The group found that 34 governors highlighted workforce development and career and technical education (CTE) as top priorities. Many also proposed investment in job training programs using federal stimulus funds and also promoted increased grant funding to expand CTE programs. This report is encouraging as it shows America's leaders realize the importance of a skilled workforce and understand that further investment in career and technical education is a necessity. Earlier this year, President Biden approved a $45 million increase in funding for Perkins CTE Grants. This was one of ACCA's legislative priorities for the 117th Congress and marks the 6th consecutive year of funding increases for Perkins Grants. You can do your part to support the HVACR workforce by participating in ACCA's action alert on H.R. 3365 (the Student Debt Alternative and CTE Awareness Act) and H.R. 3366 (the Supporting Small Business and Career and Technical Education Act). These bills, introduced by Congressman Roger Williams (TX-25), would make common-sense changes that support small businesses and promote skilled trades.

Contacted: HOUSE OF REPRESENTATIVES; SENATE

Bills named: H.R. 3366 (117th), H.R. 3365 (117th)

Small Business SMB

Reducing burdensome regulations on small businesses has been a priority for ACCA. In recent years we have succeeded in stopping several anti-business regulations, including the Confined Space Rule and the Obama Administrations Overtime Rule. The Confined Space Rule would have required contractors to have an additional technician onsite if they were operating in an OSHA-defined confined space, which included attics and crawl spaces. The Overtime Rule would have required employers to pay overtime to most salaried workers who earn less than $47,476 annually, a sharp increase from the current annual salary limit of $23,660. SOLUTION: ACCA opposes burdensome government regulations that unnecessarily increase the cost of doing business. SOLUTION: ACCA believes that regulations should be based on industry-endorsed scientific research and standards.

Contacted: SENATE; HOUSE OF REPRESENTATIVES

Environment/Superfund ENV

If you haven't heard, the EPA is moving to ban disposable cylinders under the AIM Act. Late last year ACCA partnered with fellow HVACR industry associations Heating, Air-conditioning and Refrigeration Distributors International (HARDI) and Plumbing-Heating-Cooling Contractors Association (PHCC) in filing a petition to overturn the EPA's ban. That litigation is moving forward. Final written arguments are due on July 22, and we anticipate oral arguments taking place sometime in the fall.

Contacted: SENATE; Environmental Protection Agency (EPA); HOUSE OF REPRESENTATIVES

Government Issues GOV

ACCA President & CEO Barton James sent a letter to leaders in Congress urging them to re-open the U.S. Capitol complex to the public. Before the pandemic, the Capitol campus--which includes the U.S. Capitol, House and Senate office buildings, and over 270 acres of grounds--was a lively, vibrant environment, where Americans from across the country and all walks of life could engage with members of Congress and their staff on the issues affecting them. For the past two years or so, however, meetings have only been taken on a 'by appointment' basis, and as a result Capitol Hill has been noticeably unoccupied for much of that time. In his letter, Bart drove home the point that Congress should re-open to the public, stating: "The country is reopening. Businesses are moving back to working in person, students have returned to the classroom, venues are hosting concerts and sporting events, the hospitality industry working to re-establish itself as a pillar of the economy, and Americas HVAC-R contractors are performing work essential to our economy as frontline workers as they have done throughout the pandemic. We believe that Congress, too, should re-open and put this chapter of history behind us. It will serve as a sign of strength to America: that we are moving on from two very difficult years and that we are ready to take on challenges of the future together."

Contacted: SENATE; HOUSE OF REPRESENTATIVES

Labor Issues/Antitrust/Workplace LBR

ACCA commented on OSHA's proposed heat stress rule which aims to "mitigate the effects of heat stress and heat related illness" through a number of policies including mandated breaks in compliant, sheltered or shaded areas as well as priority enforcement days when the heat index exceeds 80 degrees Fahrenheit. In its comment, ACCA stated that for some contractors, especially those working on remote jobsites that are difficult to get to, it could be more difficult for a contractor to find a compliant place to rest than it would be for them to simply take a break where they are. Further, it was our opinion that an 80 degree threshold for enforcement is entirely arbitrary, especially since there are many parts of the country (especially in the south and southwest) where the average temperature is above 80 degrees for much of the year. Finally, we informed OSHA that contractors are no strangers to working in the heat, and most HVAC-R contracting companies have detailed plans in place for workers on how to deal with working the heat including providing cooling towels and pads, ready access to water and electrolytes, and guidance on when to rest or take breaks among other policies. Since heat stress can easily take workers off the job, contractors have everything to lose and nothing to gain when it comes to dealing with work in the heat. A one-size-fits all approach from OSHA does not take into account the unique circumstances of individual workers and their health histories or previous acclimation to working in the heat. Nor does it take into account the differences between various industries and the nature of work being performed or understanding a given company might have when it comes to dealing with heat stress and related illnesses.

Contacted: Occupational Safety & Health Administration (OSHA)