The business community will have a lot to keep an eye on for the 2020 legislative session, with bills targeting plastics, union votes, the family and medical leave program and the health insurance public option topping the list.

On Jan. 8, the first day of the legislative session, a task force that has been working throughout the summer and fall on the family and medical leave program is expected to submit its recommendations to the General Assembly on how to structure that program.

The task force is the result of 2019 legislation that attempted to set up the program. But with major opposition from business groups over cost and duplication of efforts, the bill was watered down to a study that has been in the works since July.

The task force was made up of representatives from business groups, progressive nonprofit organizations and labor, so it didn’t have a monolithic view of the program. In fact, several representatives came from some of the proposed program’s toughest critics, including the Colorado Chamber of Commerce and the Colorado chapter of the National Federation of Independent Business.

The task force hired an actuary, AMI Risk, to provide an analysis of a state-run program with “low-benefit” and “high-benefit” options. The final report showed the state costs would exceed the original estimate from the 2019 legislation by more than $200 million for the low-benefit program, and more than $1 billion higher for the high-benefit option.

It would also be more expensive for employers and employees, who would pay into the plan for a year under the state-run option before any benefits would be paid.

The low-benefit plan would provide up to six weeks of paid leave per occurrence or up to 12 weeks per year; the high-benefit plan would provide up to 14 weeks of paid leave per occurrence or up to 28 weeks per year.

“Obviously, we will be watching that closely and waiting on task force recommendations,” said Loren Furman, senior vice president for state and governmental relations at the Colorado Chamber.

Business organizations also will be keeping watch on the public option plan released in November and which will be major legislation in 2020. It’s expected to be a significant talking point for Gov. Jared Polis in his State of the State address.

Under a report from the Colorado Department of Health Care Policy and Financing and the state’s Division of Insurance, the public option plan would provide at least two health insurance carriers in every county for those who buy their own health insurance. Eventually, the plan would be expanded to the small- and medium-sized business market.

It’s envisioned as a public-private partnership, but the private side has its concerns. The Colorado Hospital Association, in a letter in October, said the plan “prioritizes lower premiums at the expense of patient access and choice.”

They’re putting their money behind their concerns. Two groups, Colorado’s Health Care Future and Partnership for America’s Health Care Future Action, which are funded by health insurance, hospitals and pharmaceutical companies, have launched a six-figure ad buy criticizing the plan on Denver’s broadcast TV stations (KCNC, KMGH, KUSA and KDVR) and in radio ads in Colorado Springs and Pueblo (KVOR, KKFM and KATC).

There’s also a bill in the works to change the state’s anti-discrimination act that was revised in 2013. At that time, the law was revised to allow employees in small businesses of 15 employees or less to sue for employment-related discrimination, and added the awarding of compensatory and punitive damages, and of attorney’s fees, for violations. Business groups in 2013 vehemently opposed the changes, and some believe that the 2020 version will be more strict.

Labor unions are angling for changes to the state’s Labor Peace Act and legislation that is expected in 2020 could attempt to modify the requirements for a second election. Under the law, when a union wins certification under the federal National Labor Relations Act, it must also win a second election, through a secret ballot, before it can propose a collective bargaining agreement.

A poll conducted in December by NFIB showed strong opposition from small businesses to such changes.

Other legislation being watched by businesses: changes to the state’s law around banning plastics.

Current law prevents local governments from enacting their own bans on plastics, such as polystyrene or plastic grocery bags, but legislation in 2020 is expected to lift that prohibition. On Jan. 1, the city and county of Denver will implement a city resolution that charges a fee for plastic grocery bags, in line with what Aspen and Boulder are already doing. That’s expected to have a significant impact on retailers.

There’s also bills coming from interim committees on changes to the state’s tax laws.

From the Sales and Use Tax Simplification Task Force: a bill that would “hold harmless” businesses that make errors in figuring out what taxes to pay to which jurisdictions when those errors come from the state’s GIS database.

Rep. Tracy Kraft-Tharp, D-Arvada, pointed out that an audit several years ago found businesses were having problems figuring out which jurisdictions they owed taxes to. A notable case was a portion of Arvada that is in Adams County rather than in Jeffco. Kraft-Tharp noted that those errors can follow a business for up to seven years. The bill mandates that the Department of Revenue’s GIS database be 95% accurate.

Five bills are expected to come out of the Tax Expenditure Evaluation Committee, including a change to the state sales tax exemption on long-term lodging. Another bill requires that the state sales tax exemption on energy apply only to metered energy.