What Legislation is AGC Tracking in Olympia?

AGC Legislative Update
(as of March 17 2009)

Business Regulations

Retro: Oppose Engrossed Substitute Senate Bill 6035
Status: Passed the Senate (yeas 25; nays 24; absent 0; excused 0)
Hearing Scheduled: House Commerce & Labor Committee on Tuesday March 24 at 10:00
Action Alert: Click here for AGCs Legislative Action Alert 

The Senate passed an amended version of 6035 as the last bill before a key legislative cut-off date. SSB 6035 continues to restrict refund flexibility ignore the risk assumed by retro associations and hold retro associations to a different standard than would apply to the rest of the State Fund for funds use. (Staff: Rick Slunaker & Christine Swanson)

Apprenticeship Quotas: Opposed Engrossed Substitute Senate Bill 5873
Status: Passed the Senate (yeas 28; nays 18; absent 2; excused 1)
Hearing Scheduled: House Commerce & Labor Committee on Tuesday March 17 at 10:00
Action Alert: Click here for AGCs Legislative Action Alert

Senate Bill 5873 would extend quota requirements to Higher Education and add violations of apprentice regulations as elements in both determining bidder responsibility as well as a possible Prevailing Wage strike for bidding eligibility purposes. AGC secured amendments to the bill which remove the requirement that applies quotas by trade and craft; which require the Apprenticeship Council to adopt rules protecting due process and strengthening accountability for apprentice committees which arent enforcing their program standards. (Staff: Rick Slunaker)

Unemployment Insurance: Support Substitute Senate Bill 5963
Status: Passed the Senate (yeas 38; nays 11; absent 0; excused 0)
Hearing: House Commerce & Labor Committee on Wednesday March 18 at 1:30
Action Alert: Click here for AGCs Legislative Action Alert

SB 5963 will bring Washington State into conformity with the federal government lower unemployment insurance taxes for most employers and make it clear when a worker can voluntarily leave their job and receive unemployment insurance benefits. Labor had several amendments to the bill to increase the weekly benefit amount permanently as well as allow commissioner discretion when a worker quits their job however both amendments were pulled off and the underlying bill was passed. Labor is going to continue their push to add those requirements in the House. (Staff: Christine Swanson)

Restricts Contact With Medical Providers: Oppose Substitute House Bill 1402
Status: Passed out of the House (yeas 55; nays 42; absent 0; excused 0)
Action Alert: Click here for AGCs Legislative Action Alert

House Bill 1402 prohibits communication between the Department or employer or employer representative with the claimants health care provider once an appeal is filed. Representative Condotta tried to add an amendment for the business community that would have lessened the blow but the amendment was defeated. We will continue to voice our opposition to this legislation and work to defeat it. (Staff: Christine Swanson)

Prohibiting Certain Employer Communications: Oppose Substitute House Bill 1528 & Substitute Senate Bill 5446
Status: Both bills are dead

This legislation prohibits an employers communication with employees in a required meeting or other setting when the content of the communication has to do with political or religious matters. (Staff: Christine Swanson)

Stop Work Orders: Neutral Substitute House Bill 1554
Status: Passed the House (yeas 96; nays 0; absent 0; excused 1)

HB 1554 would allow L&I to issue stop worker orders if contractors have not secured workers compensation coverage. This bill was not recommended by the Joint Legislative Task Force on the Underground Economy in Construction. In its report they felt the issue needed to be studied. AGC secured changes which allow stop work orders only when contractors are conducting business without securing required workers compensation coverage. (Staff: Rick Slunaker)

Underground Economy: Support Substitute House Bill 1555
Status: Passed the House (yeas 95; nays 1; absent 0; excused 1)
Hearing Scheduled: Senate Labor Commerce & Consumer Protection Committee on Tuesday March 17 at 1:30

Implements changes recommended by the Underground Economy in Construction Task Force including expanding the examination to include all aspects of the underground economy beyond just construction. It also strengthens local government responsibilities to detect contractors operating without proper registration. AGC was able to secure an amendment which makes the bill more workable and cost effective. (Staff: Rick Slunaker)

Public Works Contracting
Subcontractors Bid Listing: Oppose Substitute Senate Bill 5969
Status: Dead

Senate Bill 5969 would change subcontractor bid listing requirements complicating the requirements your company must meet when bidding public works construction. The proposed changes to subcontractor bid listing are both unnecessary and unwanted. They will result in shifts of the burden of proof and make it more likely that errors bid protests and litigation will occur. Organized labor is the proponent of the bill while all contractor associations are uniformly opposed to any changes in current law. (Staff: Van Collins)

UW and WSU Contracting Procedures: Oppose Substitute House Bill 1916 & Substitute Senate Bill 5760
Status: HB 1916 Dead & SB 5760 Passed the Senate (yeas 37; nays 5; absent 1; excused 6)
Action Alert: Click here for AGCs Legislative Action Alert

This bill would authorize the UW and WSU to create any alternative contracting procedure they choose if the funding for a project is not state appropriated. The bill further authorizes the use of prequalification of contractors and the limiting of the number of proposers on a project. (Staff: Van Collins)

Alternative Public Works Contracting: Support House Bill 1690
Status: Passed the House (yeas 97; nays 0; absent 0; excused 0)

This bill would limit the Universities authority to create alternative procurement procedures outside of RCW 39.10 which includes the current available options of design-build GC/CM and Job Order Contracting. (Staff: Van Collins)

Off-site Prefabrication: Oppose Engrossed House Bill 1836
Status: Passed the House (yeas 61; nays 36; absent 0; excused 0)

This bill is being promoted by labor and its ultimate purpose is to obtain wage and hour information on out-of-state fabricators. It creates a contractual requirement that contractors and subs provide a list identifying all such fabricators that will supply certain non-standard items. (Staff: Van Collins)


Climate Pollution in the Built Environment: Neutral Engrossed Second Substitute House Bill 1747 & Engrossed Second Substitute Senate Bill 5854
Status: HB 1747 passed the House (yeas 70; nays 25; absent 0; excused 2) & SB 5854 passed the Senate (yeas 42; nays 5; absent 0; excused 2)
Hearing Scheduled for ESB 5854: House Technology and Energy & Communications Committee on Wednesday March 18 at 8:00

These bills would use the 2006 Energy Code immediately as a baseline for further efficiency improvements 70% by 2031. It directs CTED and the Building Code Council to figure out how to do it with off ramps that would delay implementation if it is determined that any regular code update is unfeasible or uneconomical. (Staff: Van Collins)

Reducing Greenhouse Gas Emissions through GMA: Oppose Substitute House Bill 1490
Status: Dead

This is the latest GMA Climate Change bill and was drafted by Futurewise. Unlike last years bill it does not add either a new element to comprehensive plans or a 14th policy goal. Instead it modifies existing elements and goals. Notably the major onus is placed on local jurisdictions which are in numerous places required to . . . support state greenhouse gas emissions reduction requirements. The bill also calls for compact and transit oriented development. (Staff: Van Collins)

Reducing Greenhouse Gas: Oppose Engrossed Second Substitute Senate Bill 5735
Status: Passed the Senate (yeas 29; nays 19; absent 0; excused 1)
Hearing and Executive Session Scheduled: House Ecology and Parks Committee on Tuesday March 17 at 10:00

Senate Bill 5735 is the Governors request bill originally for implementation of a Cap and Trade system. It has changed substantially for the better but still of concern. It could also be used as vehicle to tack on climate change provisions from bills that are already dead. (Staff: Van Collins)


Covered Loads: Oppose Substitute Senate Bill 5846
Status: Dead

Senate Bill 5846 makes changes to load covering requirements. The bill retains the 6 freeboard exemption until Jan. 1 2014. It also requires that all trucks with a GVW rating of more than 16000 pounds manufactured for model year 2011 and newer to be equipped with covering devices. (Staff: Rick Slunaker)

Alaskan Way Viaduct Replacement Project: Support Engrossed Senate Bill 5768
Status: Passed the Senate (yeas 43; nays 6; absent 0; excused 0)
Hearing Schedule: House Transportation Committee on Wednesday March 18 at 3:30

SB 5768 expedites the environmental review and design processes to replace the viaduct and requires the tunnel to be located under 1st Ave in Seattle. The tunnel replacement plan must include state funding not to exceed $2.4 billion and must also include $400 million in toll revenue. These funds must be used solely to build a replacement tunnel and to remove the existing viaduct structure. State funding may not be used for any utility relocation costs or for central seawall or waterfront promenade improvements. (Staff: Duke Schaub)

DOT Bond Bill: Support Substitute Senate Bill 5499
Status: Passed Senate (yeas 48; nays 0; absent 0; excused 1)

This bill would allow WSDOT to authorize bonds in an amount less than the full contract price of a project on highway construction contracts administered by the department of transportation with an estimated contract price of $250 million or more. If bonds are authorized for less than the full price of the project contractors must provide both performance and payment bonds. (Staff: Duke Schaub)