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AGC of Washington - Newsletter - January 2007

AGC of Washington
2008 Legislative Highlights

 

Successes

Environmental / Land Use
Senate Bill 6784 / Substitute House Bill 3202, Washington Vesting Laws
DEAD

AGC worked collaboratively with other business interests to once again defeat bills in each legislative house that would have radically altered the date upon which projects are “vested”.

Substitute Senate Bill 6777, State Lands
DEAD

AGC worked with other construction organizations to stop the legislature from frivolously interjecting itself at the eleventh hour into a ten year environmental permitting process related to the aggregate resource lands on Maury Island. AGC also helped stop several attempts to amend bill and similar provisions onto other legislative measures.

Transportation
Engrossed Substitute house Bill 2878, Transportation Budget
PASSED

AGC supported the successful efforts to protect delivery of current projects as the $7.5 billion transportation budget was amended to reduce spending by $126 million.

Engrossed Second Substitute House Bill 1773, Imposition of Tolls
PASSED

AGC worked in support of this legislation that designates the Legislature as the toll levying authority. It establishes state policy and a broad framework for tolling state facilities, and provides the necessary flexibility for considering tolling applications in critical transportation corridors.

Engrossed Substitute House Bill 3096, State Route Number 520
PASSED

AGC worked in support of this legislation which creates a tolling implementation committee to evaluate several critical issues relating to the bridge replacement project including traffic diversion to alternate routes, tolling technology, partnership opportunities and a citizen survey concerning the project. A report is due by January 2009.

Workers’ Compensation
Senate Bill 6839, Workers' Compensation Coverage
PASSED

AGC helped lead a coalition to successfully prepare and lobby this legislation that will eliminate the requirement for contractors having to pay double workers’ compensation premiums while performing temporary or incidental work in other states.

Prevailing Wage
Engrossed Substitute House Bill 2864, Prevailing Wage Certified Payroll
DEAD

AGC adamantly opposed and defeated this unnecessary legislation which would have required general contractors to submit certified payrolls or lists and price information of all subcontractors that supply any off-site, prefabricated, nonstandard, project-specific items for a project.

Senate Bill 6938/ House Bill 3337, Prevailing wage on private projects
DEAD

AGC helped defeat this legislation which would require paying prevailing wage rates on all projects that involve: 1) tax incentives or loans established by the state or local governments; 2) the sale of public land or property to a private entity for less than fair market value; or 3) the fair market value lease of public land to a private entity.

Regulatory
Second Substitute Senate Bill 6732, Underground Economy in the Construction Industry
PASSED

AGC worked in support of this legislation which was developed by the Joint Legislative Task Force on the Underground Economy in the Construction Industry, which principally targets residential contractors. This legislation strengthens penalties for contractors who violate registration and reporting requirements, enhances agency enforcement and creates new outreach efforts to discourage hiring unregistered contractors.

Engrossed Substitute Senate Bill 5831, Heating, Venting & Air Conditioning
PASSED

AGC opposed the original proposal to license HVAC contractors and mechanics. A compromise was reached to create a 12-member Joint Legislative Taskforce which consists of legislators, members representing the HVAC/R industry, and members representing labor. The taskforce must present its findings by December 1, 2008.

Infrastructure Investment
House Bill 2437, Public Works Project List
PASSED

AGC successfully lobbied for this legislation which approves the local government infrastructure projects list adopted by the Public Works Board for the 2008 loan cycle. The bill loans $278 million to enable 52 community projects worth more than $824 million to proceed. This investment will generate almost $1.7 billion in economic activity, and create more than 19,500 family-wage jobs. To see a list of projects, click
http://www.agcwa.com/Public/govRelations/2008_20Final_20Recommended_20Loan_20List.pdf

Engrossed Substitute House Bill 2765, Capital Budget
PASSED

AGC supported amendments which add $118 million to the capital budget which totals under $4.5 Billion. These included funding for “phase II” of the infrastructure investment study to include examination of revenue sources and separate legislation (HB 3375) which adds another $50 Million in new funding for Chehalis flood relief projects.

Construction Liability
Substitute Senate Bill 6385, Real Property
DEAD

AGC worked diligently to prevent Senator Weinstein’s (D-Mercer Island) latest attack on the construction industry. This radical effort attempted to bring tort liability to residential construction and was defeated in the House through the strong and unified voice of the industry.

Disappointments

Environmental
Engrossed Second Substitute House Bill 2815, Greenhouse Gas Emissions
PASSED

AGC worked closely with other stakeholders to modify the Governor’s request bill on climate change to make it more acceptable to business. Despite these efforts, the bill retains a section related to reduction of “vehicle miles traveled”. It is AGC’s position that this section is too restrictive and needlessly helps to re-energize the transit versus roads debate.

Engrossed Substitute Senate Bill 6580, Climate Change Impacts
PASSED

Along with other business interests, AGC successfully argued for amendment to eliminate very prescriptive modifications to the Growth Management Act regarding climate change. We were unsuccessful, however, in eliminating any precedential effect in future appeals to the Growth Management Hearings Boards from CTED created policies and guidelines that ultimately become de facto standards.

Workers’ Compensation
Engrossed Second Substitute House Bill 3139, Workers’ Comp. Appeals
PASSED

AGC opposed the original legislation that allowed workers’ compensation benefits to be paid while the claim was appealed. This bill took several different turns throughout the process; however, through heavy negotiations an agreement was reached; one felt to be the best that business could expect to achieve. The legislation that passed does allow benefit payment while appealing, however, it also established a fund (paid by workers) to reimburse self insured employers for benefit overpayments. L&I will adopt rules to implement this legislation.

Unemployment Insurance
Substitute Senate Bill 6751, Unemployment Insurance Benefits
PASSED

AGC testified in opposition to the original proposal that would allow an employee to voluntarily quit their job to enter into a union apprenticeship program and get paid unemployment insurance while they wait for their training program to start. AGC successfully lobbied to clarify that this program should be available to all programs approved by the Washington State Apprenticeship Training Council and that benefits begin would only be paid while they were participating in the apprenticeship training. Paying for these costs is of concern to the business community as they are socialized among all employers.

Senate Bill 6867 / House Bill 3294, “The Brinks Fix”
DEAD

Possibly the largest disappointment of the session was labor’s unwillingness to negotiate with the employer’s coalition in which AGC participated regarding the ramifications from the Supreme Court’s decision were severe and that immediate and retroactive application of a legislative solution were needed.

Construction Liability
Engrossed Substitute House Bill 1765, Mike M. Johnson
DEAD

AGC was able to narrow the scope of issues that remain with the governmental owners. However, there ended up not being sufficient time to reach an agreement that was acceptable to both sides. The owners group has agreed to keep working with AGC over the interim.

   



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