Unfunded Burden of EPA Mandates on States Grows

Protecting the environment is a noble goal. However, when the EPA issues mandates that are not reasonable, states suffer. A new U.S. Chamber report has more:

How can states administer 96.5% of all federal delegated environmental programs when federal grants to the states fund no more than 28% of the amount needed to run the programs? The study, the eighth in a series on the federal regulatory process, concludes that instead of being the system of cooperative federalism that Congress intended, the current relationship between the Environmental Protection Agency (EPA) and the states has become one-sided, with the federal government imposing its will.

The U.S. Chamber recommends Congress take specific steps to alleviate and prevent EPA from continuing to commandeer the states. These recommendations include redefining the term “mandate” to better track the impact on the states, passing the Regulatory Accountability Act of 2015, enacting the Sunshine for Regulatory Decrees and Settlements Act, and several other actions outlined in the study.

All About the Water

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The governors of the Great Lakes states recently approved a request by a Wisconsin city to draw water from Lake Michigan after its existing water supply dried up. But because the city isn’t in the watershed of the Great Lakes, the two Canadian provinces that share Great Lakes water rights say the request should be denied.

Waukesha, Wisconsin will be allowed to tap Lake Michigan for up to 8.2 million gallons per day once it completes a $207 million pipeline project that would draw in lake water and return fully-treated wastewater.

Delegates for the governors of Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, Pennsylvania and New York gave their unanimous consent to the first formal request to divert water outside the Great Lakes basin during a meeting of the compact council.

The 2008 compact prohibits water from being sent outside the basin watershed. Communities like Waukesha, located over the line but within a straddling county, can apply under a limited exception.

The eight governors approved the request over the objection of widespread opposition. Mayors, legislators, policy-makers and citizens around the Great Lakes have worried about the precedent Waukesha’s application represented.

Waukesha is under a court-ordered deadline to provide safe drinking water by mid-2018. The city draws most of its water from a deep aquifer that is contaminated with unsafe levels of radium, a naturally occurring carcinogen. The city has a population of about 70,000 people.

Kiplinger warns that more water conflicts will flare up, citing California, India, South Africa and the Middle East among the likely areas of dispute.

Training: Turn Up the Heat in August

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Summer will be in full swing with a multitude of training opportunities to enhance employees’ expertise and protect your bottom line this August.

First up is the 2016 Indiana Tax Conference, one of the state’s largest, on August 11. Learn the latest in tax case law and legislation as highly-experienced speakers identify ways to help you stay in compliance and reduce tax liability.

Francina Dlouhy, partner at Faegre Baker Daniels, will share her perspective on a crucial issue during her keynote luncheon presentation – It Was a Bad Idea Then and It Still Is Now! What Combined Filing Would Mean for Indiana. Among other themes are multistate tax hot topics for 2016, Affordable Care Act reporting compliance and an Indiana Department of Revenue update.

BKD, LLP is the presenting sponsor. Gold sponsors are MCM CPAs & Advisors and McGuire Sponsel. The silver sponsor is DMA – DuCharme, McMillen & Associates, Inc.

Fuel business savings the following week by attending the 14th Annual Indiana Conference on Energy Management on August 17-18. Learn how to cut costs and maximize resources as energy experts from throughout the state share practical – and effective – compliance strategies.

Don’t miss engaging keynote presentations:

  • Congresswoman Susan Brooks (invited) – opening general session: August 17
  • Canadian Consul General Doug George – Energy Security and Supplies: the Canada-U.S. Relationship – general session: August 18
  • Kyle Rogers, The American Gas Association, and The Edison Electric Institute representative (invited) – Outlook on Natural Gas and Electric – closing luncheon: August 18

Additional highlights include panel discussions, customized training (choose from a variety of options) and an expo showcasing the products and services offered by businesses in your field. Explore topics such as distributed generation; reducing utility bills; using the government and tax code for energy efficiency; and energy bankruptcies.

The 14th Annual Conference on Energy Management will take place at the Crowne Plaza Indianapolis-Downtown Union Station. Register online or call (800) 824-6885.

Gold sponsors: EDF Energy Services; Ice Miller LLP; MacAllister Power Systems; and Vectren. Silver sponsors: Cummins, Geronimo Energy, Indiana Electric Cooperatives, NIPSCO and Telamon Corporation.

Rounding out August offerings are:

Sponsorships are available by contacting Jim Wagner at (317) 264-6876.

Angels Prove to be More Selective in 2015

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The angel investor market in 2015 had a slight increase in investment dollars and in deal size according to a new report from the Center for Venture Research (CVR) at the University of New Hampshire.

The State Science & Technology Institute provides the following analysis:

In The Angel Investor Market in 2015: A Buyers Market, CVR reports that total angel investments in 2015 were $24.6 billion – an increase of 1.9% over 2014. CVR also reported that the total number of entrepreneurial ventures that received angel funding in 2015 declined by 3.1% from 2014 – in total 71,110 start-ups received funding. The result of these two trends was larger deal sizes for 2015 – an increase of 5.1% from 2014. CVR concluded that these findings, combined with yield rates and valuations data, indicate that angels were selective in their investment behavior in 2015.

While CVR contends that the angel market was robust in 2015 – approximately $24.6 billion in investments – they also believe that the selectivity of angels and decrease in valuations over the last three years indicates a continuing market correction in valuations. Other findings include:

  • Software maintained its top sector position with 18% of total angel investments in 2015
  • Other key industries include Healthcare Services/Medical Devices and Equipment (16%), Biotech (13%), Industrial/Energy (11%), Retail (10.6%), and Media (9%)
  • Angel investments contributed to the creation of 270,2000 new jobs in the U.S. – 3.8 jobs per angel investment
  • The average angel deal size was $345,390
  • The average equity received was 14.89% with a deal valuation of $2.3 million
  • Angel investment in the seed and start-up stage (28% of deals) was largely unchanged from 2014 (25% of deals)
  • Fort-five percent of all angel deals were early stage investments (46% in 2014)
  • Expansion and late stage investments also remained consistent with regard to percentage of total deals

Interested in the health of Indiana’s tech community? Get involved in the new Indiana Technology and Innovation Council. First open discussion is August 9! Contact Mark Lawrance at mlawrance(at)indianachamber.com to learn more. 

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Ellis, Lawrance Bring Chamber Advocacy Team to Full Strength

lawrence ellisThe many programs and benefits of Indiana Chamber membership include the state’s deepest and most effective group of issue experts. That team welcomes two talented additions.

Mark Lawrance returns to the Chamber in the new position of vice president of engagement and innovation policy. That includes advocacy work in the areas of technology, economic development and infrastructure.

Greg Ellis begins his work May 31 as vice president of energy and environmental policy. His variety of public and private sector experiences, including serving as an administrative law judge for the Indiana Utility Regulatory Commission since 2010, will prove valuable in his work on behalf of Chamber members.

Chamber President and CEO Kevin Brinegar leads an experienced lobbying team that also includes: Caryl Auslander, education, workforce development and federal relations; Mike Ripley, health care policy and employment law; and Bill Waltz, taxation, public finance and local government reform.

“The hard work that takes place in the summer and fall – Chamber policy meetings, interim legislative panels, individual meetings with lawmakers and more – leads to effective General Assembly sessions,” Brinegar says. “Chamber members will be well represented by these issue experts and the support team we have around them.”

Chamber-Supported Clean Power Amicus Brief Filed in D.C.

36886821The Indiana Chamber joined 166 other state and local business associations from 40 different states in an amicus brief filed in the U.S. Court of Appeals for the D.C. last Tuesday. Circuit explaining the devastating economic impact posed by the EPA’s carbon regulations.

The lawsuit, which will be considered by a federal appeals court this summer, involves EPA’s “Clean Power Plan” rules, which aim to reconfigure state electricity systems. It is expected to be a landmark case that could shape Indiana’s energy and economic
future.

In issuing these regulations, the EPA purports to have discovered the authority to regulate how states generate, transmit and use electricity, without any authority from Congress to do so.The coalition’s brief outlines major legal and economic concerns with the rule, arguing that EPA has trampled on the rights of states to determine their own energy mix and implement environmental standards in a manner tailed to their own circumstances.

The availability of affordable electricity is a key feature of keeping America competitive in a global economy.The brief explains that EPA’s challenged rule will pose significant harm to regional and local communities, particularly in economically challenged rural areas.

Affordable, reliable energy provides our members a critical advantage in today’s intensely competitive economy. If the courts uphold EPA’s rule, that advantage could be lost and American consumers will be left footing the bill, leading to adverse ripple effects throughout the economy, which will threaten individual businesses, countless jobs and entire communities.

By prematurely and unnecessarily forcing power plants to close, EPA’s regulation will result in higher costs for electricity and all the goods and services that depend on it, which means less money remaining for health care, food, education and other critical needs.

The Indiana Chamber’s brief echoes the call from nearly 160 challengers that have filed suit against EPA, including 27 states, and a host of business, labor and consumer groups.

A decision in the case is likely to be issued by the Court of Appeals for the D.C. Circuit later this year. From there, the challenge is expected to make its way to the Supreme Court, which has ordered EPA to halt all implementation and enforcement actions on the rule until it has the opportunity to consider the case.

EPA Releases New Ozone Limits

Although our air, land and water are cleaner than arguably before the Industrial Revolution, the Environmental Protection Agency (EPA) earlier this month announced its new restrictive ground-level ozone standard: 70 parts per billion (ppb). It could have been set even lower – at 65 or even 60 – which would have been more restrictive and affected a large portion of the Indiana population.

At 70 ppb, we believe that all Indiana counties will meet the standard and thus be in “attainment.” However, there is a monitor in Wisconsin that will trip the Chicago area into nonattainment and include the Indiana counties of Lake and Porter. The consequence of “nonattainment” means that there can be no business expansion or new business unless that expanded or new business does not add any additional components to the area’s ozone. Essentially, it would stop any expansion, growth or new business. Additionally, Clark and Floyd counties will likewise be pulled into the Louisville nonattainment status and there is an outside chance that a county or two near Cincinnati may be affected.

Indiana will likely meet this new 70 ppb standard because power plants have shut down or made the very expensive changes necessary to shift over to natural gas as a result of the many EPA requirements designed to eliminate coal The Indiana Chamber has strongly opposed these anti-coal provisions and will continue to do so because, despite diversification efforts, coal remains Indiana’s primary energy source.

Taking the Digital Age Into New – and Very Green – Territory

36886821What does the world’s greenest office building look like? You’re about to find out.
The Edge (enticing moniker) towers over onlookers in Amsterdam and is home to 2,500 Deloitte employees … who don’t have desks.

Let me back up. There are desks, but employees aren’t assigned one of their very own. The space they occupy each day is based upon their schedule. They may get cracking on projects in the concentration room, along the sun-infused balcony, in the atrium – it’s called “hot desking.”

Living on The Edge (or at least working there) is all about innovation. Connectivity and going green are king. A smartphone app allows employees to control lighting and climate preferences at their workstations. Rainwater is collected for flushing toilets and irrigating gardens. A security robot stands guard. And that’s just the beginning.

Check out this short video and share your input: Brilliant work environment or too much of a good thing?

Ag Strength – By the Numbers

agThere’s no doubting the continued strength of Indiana’s agricultural industry (see the state fact sheet). We’ve told the stories often in BizVoice magazine – and will do so in the upcoming July-August issue (with a look at the prominence of ag businesses in Kosciusko County).

But according to the U.S. Department of Agriculture’s Economic Research Service, Indiana did not rank in the top three exporters by state of various products. There are some interesting states and dollar figures included (selected examples):

  • Soybeans: Illinois ($3.1 billion), Iowa ($2.7 billion) and Minnesota ($1.8 billion)
  • Corn: The same three states as soybeans, with Iowa leading the way at $1.1 billion
  • Wheat: Kansas ($1.5 billion), North Dakota and Montana
  • Pork: Iowa ($2 billion), North Carolina and Minnesota
  • Beef: Nebraska ($946 million), Texas and Kansas
  • Dairy; California ($1.2 billion), Wisconsin and New York
  • Poultry: Georgia, North Carolina and Arkansas
  • Fresh fruit: California ($2.5 billion), Florida ($3.2 billion) and Washington

Little Steps Can Lead to Big Energy Savings

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This column was also posted on Inside INdiana Business.

Indiana possesses a number of advantages in its business climate. One of those traditional benefits has been energy that is adequate, reliable and affordable.

The inexpensive part of that equation has come into question lately. Industrial energy rates that were once among the five lowest in the country are now around the middle of the pack. Federal regulations – ones that often impact Indiana to a greater degree due to its dependence on coal – lead the way as a major cause for the increase.

All companies, not just heavy energy users, can more closely evaluate their usage and likely lower their costs. That subject is the theme of the Indiana Chamber of Commerce’s 2015 Connect and Collaborate series – luncheons around the state this summer for Chamber members.

Here is some of the information being shared in the form of 10 energy-saving tips:

  1. Know your costs: Just as we hopefully do or should be doing at home, examine your electric power bill. You have to realize the source of your largest energy costs to be able to potentially have the opportunity to reduce those charges.
  2. Evaluate your contract: Is your current agreement the best deal you can get? You don’t know what’s possible until you ask.
  3. Lighting can be a hidden cost: Are you aware of what type of lights you use? Are they the most efficient? Are unnecessary lights turned off when not needed? Have you considered motion sensors?
  4. Air recycling: Heat rises, making it important to properly recycle your air. Have a professional examine your system. Efficient ceiling fans (or exhaust fans in warmer weather) could make a major difference.
  5. Avoiding the pressure: Steam and air pressure are common ingredients in many industries. Leaking joints, pipes and systems can be a huge energy drain.
  6. Water equals power: If you use water from a municipal treatment plant (or even your own facility), nearly 20% of that cost is energy. Examine your system to eliminate water leaks. You are paying for your water, as well as the energy it takes to process and move the water.
  7. Check the pumps: Workplace pumps are huge energy users. Assess your pumps – are they needed? Could they be changed out for a more efficient model? Would a variable speed pump make more sense?
  8. Transportation troubles: Another personal priority needs to be carried over to the workplace. Car/truck care in the form of proper tire pressure, tune-ups and other maintenance is essential. Companies with multiple vehicles are often well served by having someone responsible for the fleet.
  9. Proper planning: In addition to the modes of transportation, logistics are critical. Efficiently planning trips and scheduling deliveries will help conserve power and enhance productivity. This applies to organizations of all sizes.
  10. Compressing the fuel: Compressed natural gas continues to gain favor among many companies with heavy delivery schedules. An upfront capital outlay is often rewarded with a very timely return on that investment.

Chamber President Kevin Brinegar, I and a local business leader look forward to sharing this information and talking energy with members at each stop on our Connect and Collaborate tour. Your business could be the beneficiary.