Six Years of Legislative Action

Posted On: Aug 28, 2009

Washington State Building & Construction Trades Council, AFL-CIO
Select Legislative Outcomes from 2004-2009

2004

HB 2546 provides a tax exemption for the construction of High Tech and biomedical buildings.

HB 3045 allows expansion of the South Seattle Community College campus without which several apprenticeship classes hosted there would have been displaced.

Many bills were opposed during the session, below are a few examples.

SB 5378 would have cut injured workers' benefits.

SB 6395 would have required employers to report worker compensation claims not allowing workers to report claims to their doctor.

SB 6394 was a compromise and release bill

2005

HB 2255 (Unemployment Insurance) reinstates "liberal construction" language (a judge must find in favor of the worker unless the employer proves their case beyond doubt) and two-quarter averaging with a 3.85 multiplier for unemployment insurance calculations, though containing a sunset after two years.

SB 6103 provides a 9.5 cent gas tax that helped fund much needed transportation projects across the state and generated thousands of construction jobs.

SB 5097 (Apprenticeship Utilization) codifies Governor Locke's executive order 00_01 requiring 15 percent apprenticeship utilization, by apprentices enrolled in a state approved apprenticeship training program, on General Administration construction projects estimated to cost more than one million dollars.

HB 1541 creates the Transportation Innovative Partnerships Act allowing WSDOT to enter public/private partnerships for the construction of transportation facilities, maintaining WSDOT prevailing wage requirements.

Many bills were opposed during the session, below are a few examples.

HB 1905 would have repealed an injured worker’s right to challenge his or her L&I time-loss rate determination if a subsequent “change of circumstances” warranted reexamination.

SB 5793 was a compromise and release bill.

2006

SB 6885 removes the sunset under HB 2255 and permanently restored two quarter averaging with a 3.85 multiplier and "liberal construction" language for unemployment insurance calculations.

SB 6480 advances apprenticeship utilization requirements to include WSDOT construction. The requirement was phased in and now requires 15 percent apprenticeship utilization, by apprentices enrolled in a state approved apprenticeship training program, on all projects estimated to cost more than two million dollars.

HB 2789 (Running Start to the Trades) directs the Washington State Apprenticeship and Training Council to conduct an educational outreach program with individual state-approved apprenticeship programs and the Office of the Superintendent of Public Instruction directed at middle and secondary school students, parents, and educators to teach that construction apprenticeship is a viable career opportunity now and in the future.

HB 2939 establishes the Energy Freedom Program in the Department of Agriculture that offers up to five million dollars in loans to companies for construction of facilities for purposes such as bio-fuel production that will create construction jobs and require payment of prevailing wages,

2007

HB 1244 (hour banks) modifies the statutory definition of wages used to calculate workers' compensation benefits to include an employer's payment (payment from of a Building Trades Member’s wage) or contributions for health care benefits unless the employer continues ongoing and current payment or contributions for these benefits at the same level as provided at the time of injury.

SB 5920 L&I creates a vocational rehabilitation pilot program that will run from January 1, 2008, until June 30, 2013. The pilot allows up to $12,000 for voc rehab costs and two options to pursue; the worker may participate in the vocational plan implemented by L&I or a self-insurer or opt-out of the plan and receive six months of time-loss paid in bi-weekly payments.

HB 2010 establishes a definition of responsible bidder for contractors applying for public works contracts.

HB 1370 establishes that governmental employee wages will not be included in surveys to determine prevailing wage rates.

SB 5373 completes the Unemployment Insurance Task Force work begun in 2006 by establishing reporting requirements and penalties regarding UI data submission.

SB 5926 created the Joint Legislative Task Force on the Underground Economy in the Construction to examine and make recommendations relating to Washington's underground economy in construction.

HB 1898 advances apprenticeship utilization requirements to include school district public works projects. The requirements are still being phased in. Currently 12 percent apprenticeship utilization, by apprentices enrolled in a state approved apprenticeship training program, is required for projects estimated to cost two million dollars or more; by January 1, 2010 15 percent apprenticeship utilization will be required on projects estimated to cost one million dollars or more.

HB 1968 requires that a sprinkler fitter must possess a journey-level or residential certificate, trainee certificate, or temporary permit to install sprinkler systems.

HB 2171 required L&I to establish crane certification standards and qualified crane operator requirements.

HB 1506 establishes that public bodies may not evaluate or disqualify proposals for a GC/CM contract based on the terms of a collective bargaining agreement. Also a GC/CM may not violate or waive the terms of a collective bargaining agreement in preparing subcontract bid packages.

SB 5443 prohibits employers from engaging in claim suppression and established penalties for employers guilty of the offense.

SB 5676 revises provisions for receipt of temporary total disability by establishing that prior closure of such a worker’s compensation claim, or the receipt of permanent partial disability benefits, does not affect the rate at which loss of earning power benefits are calculated upon reopening the claim.

HB 1876 modifies HVAC/R certification requirements and established a HVAC/R board to conduct proceedings for denying applications, suspending or revoking certificates, and imposing penalties.

2008

HB 3122 (Underground Economy Task Force bill) creates a test for determining whether a construction worker is a covered worker or uncovered independent contractor for purposes of unemployment and industrial insurance laws.

SB 6732 (Underground Economy Task Force bill) is an omnibus bill that applied a number of recommendations from the Underground Economy Task Force.

SB 6751 established an additional "good cause" quit for receiving unemployment insurance covering individuals who left work to enter an apprenticeship program approved by the Washington State Apprenticeship Training Council.

HB 3139 (benefits on appeal) allows an injured worker to receive workers comp benefits while decisions about their claim are on appeal, whether their employer is self-insured or contributes to the state fund at L&I.

SB 6694 increases filing fee for prevailing wage intents and affidavits from $25 to $40. Among other administrative needs, the fee will provide two additional FTEs for compliance and outreach, and fund outreach, education, training and marketing expenses for prevailing wage compliance.

HB 2639 allows Public Utility Districts to Enter into Limited Liability Corporations and requires that construction projects resulting from the LLC status pay prevailing wages.

HB 2893 adds a Labor Representative Position to the Forest Practices Board.

SB 6377 promotes skill centers and pre-apprenticeship education and training to connect public education to JATCs.

2009

HB 1906 provides economic stimulus by increasing unemployment insurance benefits by $45 for the period of May 3, 2009 through January 3, 2010. The minimum weekly benefit for this same period is raised to $155.

HB 1402 limits ex parte contact with medical providers after appeals have been filed under industrial insurance.

SB 5873 advances apprenticeship utilization requirements to include four-year institutions of higher education. The requirement will be phased in beginning January 1, 2010 and will be in full effect by January 1, 2012, when projects estimated to cost $1 Million or more will require 15 percent of the labor hours be performed by apprentices enrolled in a state approved apprenticeship training program.

HB 1355 establishes the Opportunity Internship (pre apprenticeship) Program for high school students. The program, that includes a definition of pre-apprenticeship, will provide incentives for local organizations to build educational and employment pipelines for low income high school students for high demand occupations in targeted industries.

HB 1328 allows public technical colleges to offer degrees that prepare students to transfer to certain bachelor of applied science degree programs. The bill will allow BA degree options for qualified JATC programs, very similar to the AA degree option those JATCs utilize currently.

HB 1555 (Underground Economy Task Force) the omnibus bill addresses several elements of the underground economy regarding contractor registration, workers’ compensation education and outreach, liens on public works retainage and unemployment record keeping

SB 5613 allows the Director of L&I to issue a stop work order if an investigation finds that a contractor has failed to pay industrial insurance and does not qualify as a self insurer.

SB 5904 addresses the misclassification of workers as independent contractors employed across Washington’s construction industry in an attempt to avoid payment of prevailing wages and UI taxes.

SB 5768 provides the final design for a deep bore tunnel replacement of the Alaska Way Viaduct representing more than four billion dollars of transportation development.

HB 1978 allocates $341 million of federal stimulus dollars to WSDOT for a number of improvement, preservation, and traffic operations projects.

HB 2211 authorizes the administration and collection of tolls on the SR 520 corridor.

HB 1113 allots $133 Million in state general obligation bonds to the School Construction Assistance Grant Program.

HB 2289 expands the Energy Freedom Program to include state efforts to promote, develop and encourage renewable energy, energy efficiency, and innovative energy technology markets in Washington. Projects seeking funds from the program will be given priority if they employ apprentices from state approved apprenticeship programs.

SB 5649 creates an energy efficiency assistance program within the extension energy program of Washington State University. Projects financed will pay prevailing wages and require use of apprentices.

HB 2214 enables the funding mechanism for a large consolidated rental car facility at SeaTac, retaining the 500 jobs anticipated for construction.

HB 1481 directs the Puget Sound Regional Council (PSRC) to seek federal or private funding for the planning of an electric vehicle infrastructure that would generate jobs.

SB 5903 clarifies what constitutes residential, as opposed to commercial, construction for public works contracts.

HB 2227 establishes the Evergreen Jobs Act to create a skilled green jobs work force through targeted use of existing education and training funds and anticipated federal appropriations.

HB 1532 creates construction jobs by allowing water-sewer districts to develop and operate systems of water reclamation for furnishing the district with reclaimed water.

HB 1055 requires workers to have licenses, certificates, or permits in their possession when performing electrical, plumbing, or conveyance work.

SB 5492 allows binding arbitration for commercial nuclear power plant employees.

Many bills were opposed during the session, below are a few examples.

HB 1896 would have allowed importation of labor under an "essential worker program"

HB 2269 would reform the unemployment insurance system dramatically to serve business interests and disqualify workers from receiving assistance.

SB 5021 would undermine certification and other safety requirements on construction of renewable energy projects.

Ongoing efforts

Bills dropped last session to be continued next year.

HB 1992 was introduced to clarify that prevailing wage requirements should be applied to projects that involve tax incentives, state-supported low interest loans, or where public land or property is sold or leased for less than market value. In these instances, public dollars are being indirectly used to support or finance construction and should therefore pay prevailing wages to support local workers and contractors.

EHB 1836 dealt with off-site prefabrication for public works projects. On public works projects over $1 Million all contracts for the production of off-site, prefabricated, nonstandard, project-specific items entered into by the contractor or any subcontractor with an out-of-state contractor would require the out-of-state contractor to submit a certified list of any off-site, prefabricated, project-specific items produced under the contract outside the state.

HB 1837 required listing subcontractors on public works projects as a means to reduce bid shopping. A prime contractor could not substitute a listed subcontractor except under certain conditions. In order to facilitate prosecution of contractors guilty of bid shopping the phrase “in furtherance of bid shopping” was removed from law since legal proceedings charging contractors for bid shopping were finding it nearly impossible to prove the contractor’s intent. The House bill made it to Senate Rules where time ran out before cut off.

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