Expand Sound Transit? AGC Says Give Highway Contracting to WSDOT

A bill to create a regional transportation agency to address congestion problems in the Puget Sound area is making its way through the legislative process. While generally supportive of a regional approach, the AGC will seek changes to the bill, SB 6772, which would expand and reorganize Sound Transit as the regional authority.

AGC will seek an amendment to have highway projects built by the new authority contracted via the Washington State Department of Transportation, rather than Sound Transit. Action on the proposed amendment is expected this week, with follow-up information covered in AGC Works.

As drafted, SB 6772 expands Sound Transit’s authority and renames it Regional Transportation Authority, with jurisdiction remaining within the existing Sound Transit boundaries. The new authority would have responsibility for both roads and transit and combine roads and transit revenue, with expenditures not limited by modal or sub-area equity. A new governance structure would include 12 board members (as opposed to Sound Transit’s current 18 board members), with seven elected within King, Pierce and Snohomish Counties and three appointed by the County Executives. The WSDOT Secretary and Puget Should Regional Council executive director would be non-voting members. The bill would allow counties outside the Puget Sound area to create similar RTAs and dissolve the current Regional Transportation Improvement Districts.

With the amendment supported by the AGC, Sound Transit would still be responsible for light rail and other non-highway construction. AGC will continue to work with Sound Transit via a joint committee to improve the agency’s contract administration and procurement methods and incorporate best practices into future projects.

Legislation Would Address Brinks Case (Wages for Commute Time in Company Vehicles)

AGC Works has been reporting on a State Supreme Court ruling that a home security firm which allowed technicians to drive to and from their homes in company trucks was required to pay the employees for their commute time in those trucks. This Brinks decision raises the issue of whether any employer whose employees commute in company vehicles has to pay wages for the commute time. The AGC is strongly supporting legislation to end the ambiguity.

The legislation, HB 3294/SB 6867, provides that "employ" and "work" do not mean or include the use of an employer's vehicle for travel by an employee and activities performed by an employee that are incidental to the use of such a vehicle for commuting, when the use of that vehicle for travel is within the normal commuting area for the employer's business or establishment and the use of the employer's vehicle is subject to an agreement on the part of the employer and the employee or representative of the employee.

A hearing will be held this week in the Senate Labor, Commerce, Research & Development Committee.

While the bill works its way through the process, the AGC reminds members that class-action lawsuits, generated by the Brinks ruling and seeking past wages, have been filed. Because of this and the lack of safe-harbor guidelines from the Supreme Court, the Legislature, or the Department of Labor and Industries, AGC members should at a minimum:

• Review all company policies and practices with respect to take-home use of company vehicles to determine potential liability.
• Review all collective bargaining agreements, if applicable, that contain company vehicle provisions, to determine whether the provisions conflict with the ruling.
• Assess potential exposure to retroactive wage liability – the statute of limitations on wage payment violations is three years.
• For employers who have risk under the decision, analyze whether arrangements regarding use of company vehicles for commuting purposes, including and up to cancelling the program, are feasible in order to avoid risk.
• Consult with legal counsel to determine the full extent of rights and obligations under your company policy or practice in light of the Brinks decision.

Other Important Legislation Being Tracked by AGC

SB 6848, Financing for the renovation of university stadium facilities. Concerns financing for the renovation of Husky Stadium. Allows deferral of Sales and Use taxes and uses local hotel/motel tax revenue to finance the project.

HB 3264/SB 6853, Regarding public works projects. Appropriates PWTF by categories, according to state policy priorities specified in the capital budget appropriations act. In specifying the infrastructure categories and state policy priorities, the legislature may not specify funding for individual projects to individual jurisdictions. Provides the board may not authorize loans in excess of the projected balance in the account taking into consideration the expected pace of draws against authorized loans and the anticipated amount of loan repayments.

HB 2967/SB 6751, Allowing individuals who left work to enter certain apprenticeship programs to receive unemployment insurance benefits. Allows individuals who left work to enter certain apprenticeship programs to receive unemployment insurance benefits.

SB 6835, Prescribing rights of employees, employers, and labor organizations, not subject to the federal labor relations act. Implements the Washington state labor management relations act. Prescribes the legitimate rights of employees, employers, and labor organizations not subject to the jurisdiction of the federal labor relations act.

HB 2942/SB 6694, Adjusting the fee for approval of statements of intent to pay prevailing wages and certification of affidavits of wages paid to $40. Increases the fee for approval of statements of intent to pay prevailing wages and certification of affidavits of wages paid by $15 (to $40).

SB 6274, Removing the six inch freeboard exception from the requirement to cover vehicular loads of dirt, sand, or gravel. Removes the six inch freeboard exception from the requirement to cover vehicular loads of dirt, sand, or gravel.