RCMA Government Affairs & Advocacy Update July 18, 2012 Craig S. Brightup The Brightup Group LLC
Lame Duck Session s Taxmageddon Nov. 6 = Who controls Federal Government in 2013 White House/All of the U.S. House/One-Third of Senate But current incumbents must bridge Fiscal Cliff in Dec. Bush-era tax rates set to expire include: Marginal rates Capital Gains and Dividend rates Marriage Penalty and Child Tax Credit Estate Tax Reform ($5m exemption/35% rate) One-year patch expires on Alternative Minimum tax 2% Social Security payroll tax cut for employees expires 60+ Tax Credits that expired at the end of 2011 Doc Fix for Medicare physician payments Budget Sequestration hit to Dept. of Defense Another U.S. debt-limit increase
Three Major Bills Come Due in December Tax Deal signed Dec. 17, 2010 to extend 01/ 03 rates Also extended Sec. 179 expensing at 50% for 2012 Extended building energy-efficiency tax credits through 2011 Budget Control Act signed August 2, 2011 Debt-ceiling increase of $2+ trillion; $917b cuts over ten years Cuts are impacting building-related programs at DOE and GSA Created Super Cmte to find $1.2 - $1.5 trillion more cuts Super Committee failure triggered automatic sequestration Payroll Tax Cut Extension signed Feb. 22, 2012 Also extended Medicare physician payments Required White House decision on Keystone XL Pipeline
White House Cost/Benefit Analysis Somehow we have to figure out how to boost the price of gasoline to the levels in Europe. U.S. Energy Secretary Designate Steven Chu, Dec. 2008 The Regulatory Avalanche EPA considering over 200 major economic rules NLRB rulings; recess appointments Patient Protection and Affordable Care Act (Obamacare) $500 million shifted from HHS to IRS for more enforcement In 2013, 0.9% surtax on top of 2.9% Medicare tax 3.8% surcharge in investment income OSHA Activity New Fall Protection Enforcement Directive MSD Reporting Rule Crystalline Silica Rule Illness and Injury Protection Program (I2P2)
Energy-Efficiency Programs Under Review No Green Program will be Spared Scrutiny DOE loan-guarantee program involving Solyndra etc. DOD barred from certifying its buildings LEED Gold/Platinum Future of Energy Tax Credits/Deductions in Doubt Could be swapped for lower corporate tax rate 45L Energy-Efficient New Home Tax Credit Extended through 2011 by tax deal $2,000 credit per home builders Homes qualify if they reduce cooling/heating consumption 50% 25C Homeowner Energy-Efficiency Tax Credit Extended through 2011 by tax deal For 2009-10 was 30% of qualified improvements with $1,500 cap For 2011, pre-stimulus levels of 10% with a $500 cap
RCMA Advocacy Actions RCMA is a founding member of 25C Industry Coalition Got product-neutral roofing criteria in draft 25C legislation RCMA meetings on Capitol Hill include: Rep. Dave Camp (R-MI), Chairman, Ways & Means Committee Rep. Vern Buchanan (R-FL), Ways & Means Rep. Jim Gerlach (R-PA), Ways & Means, Select Revenue Rep. Lynn Jenkins (R-KS), Ways & Means Rep. Ron Kind (D-WI), Ways & Means Rep. Kenny Marchant (R-TX), Ways & Means Rep. Richard Neal (D-MA), Ways & Means, Select Revenue Rep. Dave Reichert (R-WA), Ways & Means Sen. Kay Bailey Hutchison (R-TX), Commerce Committee Sen. Harry Reid (D-NV), Majority Leader Sen. Pat Roberts (R-KS), Finance Committee Sen. Debbie Stabenow (D-MI), Finance Committee Sen. Ron Wyden (D-OR), Finance Committee
Commercial Building Tax Deduction (CBTD) CBTD (179D) enacted in Energy Policy Act of 2005 Provides owner with deduction up to $1.80 per square foot Deduction based on building floor area Must achieve 50% energy savings above ASHRAE 90.1-2001 level Pro-rated for buildings below 50% of ASHRAE 90.1-2001 $.60 per sq. ft. for either of three subsystems that meet energy savings targets of 20-20-10% or 25-15-10%: Energy Efficient Lighting Property Energy Efficient Heating, Cooling, Ventilation and Hot Water Property Energy Efficient Building Envelope Property CBTD in place through 2013 White House Better Buildings Initiative would change to a tax credit Treasury working with DOE to streamline deduction-claim process Treasury revised guidance for subsystem targets Feb. 23, 2012
Election Outlook - Congress 2010 Recap Republicans took the House ~ 242-193 (R+63) Democrats kept the Senate ~ 53-47 (R+6) 2012 House Variables Favor Republican Majority Democrats must gain 25 seats to retake control, but Redistricting a net-neutral for both parties Turnout for Obama not likely to replicate 08 Congressional approval at an all-time low, but Democrats control of Senate confounds do-nothing charge Low approval not boosting Democrats in generic ballot test 2012 Senate Variables Favor Republican Takeover Dem s must defend 23 seats; Republicans 10 (including Maine) Republicans must gain 4 seats for control with opportunities in: Florida, Michigan, Missouri, Montana, Nebraska, Ohio, New Mexico, North Dakota, Virginia, Wisconsin (and Hawaii!)
Election Outlook White House Unemployment No president since FDR reelected with unemployment over 8% In the four elections since WW II with unemployment over 7% 1976 Ford lost 1980 Carter lost 1984 Reagan won (unemployment rate 7.2%) 1992 Bush lost Consumer Confidence Index Since 72, the incumbent has only won with a CCI above 100 June CCI = 62 (Was 66 in April 2011) Direction of the Country: Right Track, Wrong Track Polls RCP average (6/7 7/1) = 30.2 Right Track, 61.3 Wrong Track
Questions? Craig Brightup The Brightup Group LLC 324 Fourth Street, NE Washington, DC 20002 202-546-7584 (O) 202-400-2591 (D) 202-546-9289 (F) craig@thebrightupgroup.com www.thebrightupgroup.com