Interested in advertising in Building Insight? Contact communications@biaw.com
www.BIAW.com
Building Insight magazine is published on behalf of the Building Industry Association of Washington by Print Northwest.
FEATURED
10 2023-2024 BIAW Legislative Scorecard
Our government affairs team worked with the BIAW Legislative Policy Committee to compile vote counts on 34 bills and six amendments affecting the residential homebuilding industry and the price of homes in Washington.
30 ROII brings more record-breaking refunds
ROII delivered over $26 million to participating companies in another record-breaking year. The 2020 plan year concluded with a final adjustment refund of 47%, ROII’s highest final adjustment refund ever!
IN THIS ISSUE
ROII delivers once again with record-breaking results! ROII Director Jenn Kavanaugh and Jefferson County Home Builders Association (JCHBA) Executive Officer Lizanne Coker hand deliver an ROII refund check to Stephanie Nickasio from Hope Roofing. ON THE COVER
As always, we want to hear from you! We invite you to take a quick survey about your thoughts on Building Insight. Happy reading!
President’s message
Jay Roberts President
In May and June, the National Association of Home Builders (NAHB) celebrates National Remodeling Month and National Home Ownership Month, respectively. This emphasis is particularly timely in the current economic climate.
New home sales are flat due to the rising costs of homebuilding and high interest rates for new home buyers. Existing homeowners continue to hold on to their homes, many of whom locked into historically low interest rates a few years ago. The remodeling market remains solid after spiking dramatically during the Covid years due to low interest rates, cooped-up homeowners and pandemic stimulus cash.
No matter if you’re in new construction or remodeling, your local, state and national home builders’ associations provide benefits to help you make the most of your business.
Helping customers find reputable contractors
Recently, Brandi Kruse covered a story on her UnDivided podcast about a contractor accused of bilking customers, subcontractors and suppliers out of more than $400,000. She reached out to BIAW to follow up and asked me to discuss how customers and subcontractors can ensure they’re working with a respectable builder. I told her checking a contractor’s license and background on the Department of Labor & Industries (L&I) website can help, but few things are more reliable than working with a local home builders’ association.
Many of us join our local associations and stay active because of the connections we make with other builders, subcontractors and associates
who share our values. Members do business with members because we trust they’ve made a commitment to higher standards. New customers can count on a higher level of professionalism when they work with members of local home builders’ associations. We know who the bad actors are, and we can recommend good builders to work with instead.
ROII reports outstanding refunds
Speaking of that, good builders participating in ROII receive their rewards in the form of refund checks in May and June. L&I sent the ROII program nearly $33 million for the last three active plan years. That’s due to participants’ commitment to safety on your jobsites and our program’s commitment to excellence in managing your workers’ compensation claims. You can read more about ROII’s successes in this issue.
Promoting energy choice
One of the more important benefits of BIAW membership is its commitment to advocacy. Whether we’re fighting battles in this Washington or the other one, members band together to improve conditions in our industry. Over the last two months, we’ve been working to get Initiative 2066 protecting natural gas and propane as energy choices on the November ballot. BIAW took the lead on this initiative, rallied support from other industries and worked hard to ensure everyone who wanted to sign it had the chance.
At a time when home ownership is increasingly out of reach, adding unnecessary costs and barriers to building only makes things worse. BIAW proved once again it is fighting for our industry and our state.
BIAW Certified Builder
UPCOMING CLASSES
CESCL (Certified Erosion & Sediment Control Lead)
July 10-11 | Online
CESCL (Certified Erosion & Sediment Control Lead) Recertification
July 12 | Online
Certified Lead Renovator - Initial
July 15 | HBATC, Kennewick
Certified Lead Renovator - Refresher
July 15 | HBATC, Kennewick Register at: biaw.com/classes
a Certified Builder shows your clients that you are completely vetted and creates a sense of trust.
Code Compliance Workshop
July 31 | KBA, Bremerton
CESCL (Certified Erosion & Sediment Control Lead)
August 7-8 | Online
CESCL (Certified Erosion & Sediment Control Lead) Recertification
August 9 | Online
CPR, AED and Basic First Aid Training
August 20 | Tacoma
- Minimize liability and reduce financial risk.
- Attract more buyers and boost the home’s value.
- Wide range of warranty options and terms.
- Our free mediation process resolves about 95% of claims.
On May 16, BIAW, along with a broad coalition, filed Initiative 2066, a citizens’ initiative to protect natural gas as an energy choice and ensure energy stability and security in Washington. I-2066 prohibits natural gas and propane bans at any level of government, at any time, anywhere in Washington.
Relentless attack on natural gas
Over the last several years, powerful political interests have set their sights on ending natural gas service for all those who rely on it in a relentless push toward full-scale electrification.
The governor has been clear about his goal to “get out of the fossil fuel business.” When he couldn’t pass a gas ban in the legislature, he circumvented the public and worked through the Washington State Building Code Council.
At this point, Washington’s building codes make building homes with natural gas stoves, fireplaces, furnaces and water heaters so costly, it’s essentially a ban on natural gas in all new homes and commercial buildings. Under the new code, it’s three times more expensive to use natural gas appliances than all-electric ones.
Protecting energy choice in Washington
Opponents will try to tell you, “There is no natural gas ban. It’s all misinformation.” Trying to convince voters there’s no attempt to end natural gas and propane service in Washington and disguising it as “decarbonization” is disingenuous at best, and deceitful at worst.
That’s why I-2066 is so important. We must protect natural gas and propane as energy sources for the families and businesses in Washington who rely on it.
People across the political spectrum want natural gas and propane to cook, heat their homes, warm their water and provide much-needed security to our fragile energy grid—and they don’t want to be forced to pay for a political agenda through their power bills.
We are working toward our goal of submitting 405,000 signatures to the Secretary of State’s Office on July 5 and are on track to meet that goal.
ROII continues to break records
Just as important to the members of our association, ROII has had yet another outstanding, record-breaking year. For the 2022 plan year, ROII achieved an impressive refund of 44.5% for the 1st adjustment. And for the 2021 plan year, they attained an amazing 47% refund for the 2nd adjustment.
And last but not least, the 2020 plan year concluded with an outstanding final adjustment refund of 47%, ROII’s highest final adjustment refund ever! Thanks to these accomplishments, ROII was able to distribute over $26 million to participating companies.
Thank you to each and every ROII participant for your dedication to safety and commitment to excellence, which have made this achievement possible. A big thank you also to the extraordinary ROII staff for all they do all year long to produce these results, making ROII the best retro program in Washington.
Associate Star Award winners Aaron Murphy of ADM Architecture and Brenda Nunes of KW Nunes Group
AARON MURPHY, ADM ARCHITECTURE, KBA
In early 2009, Aaron Murphy founded ADM Architecture, a full-service architecture firm located in Poulsbo. Since then, Murphy has gained over 23 years of experience with both commercial and residential design in Western Washington and has designed well over 1.5 million square feet of projects.
Murphy’s experience ranges from commercial shell and core buildings of 5,000 to 100,000 square feet. He has designed office buildings, medical and dental offices, hotels, custom homes, and industrial and warehouse buildings, just to name a few.
He is active in the KBA Builder Developer Council and displays his ongoing commitment to the builders of Kitsap County by volunteering a significant amount of time to serve on the Kitsap County Planning Commission.
Murphy is also a Certified Aging-in-Place Specialist (CAPS), which gives him the expertise to provide the best solutions for accessibility and safety when designing homes to last forever. To learn more about ADM Architecture, ADM-architecture.com.
BRENDA NUNES, KW NUNES GROUP, MBAKS
Managing Broker for KW Nunes Group, Brenda Nunes has a diverse background in real estate, business development and geotechnical industries. As a global property specialist, Nunes facilitates international real estate transactions and global marketing.
Nunes stays actively involved in leadership roles within the community. Currently serving on the MBAKS Board of Directors as secretary, she is also the past chair of the MBAKS Sales and Marketing Council and is active in the Education Committee and Emerging Professionals Committee. She also serves on the BIAW Board of Directors and as a NAHB Delegate.
In the spring of 2023, Nunes helped organize and moderate a bus tour for elected officials to provide them with hands-on experience and a better understanding of middle housing. She also works closely with the MBAKS government affairs team to integrate builders with realtor education.
A Built Green pioneer and active member of the Built Green community, Nunes is a nationally recognized educator, advocate and mentor for sustainable real estate. To learn more about KW Nunes Group, visit Nunesgrouprealestate.com
Associate members consist of suppliers, service providers and product manufacturers, and they play a crucial role in our association and industry. Associates make up 66% of the National Association of Home Builders (NAHB) membership, and building homes would not be possible without them.
To honor their contributions, each year BIAW’s Associate Advisory Council recognizes associate members with Associate Star Awards. Join us in congratulating two recent recipients of this award, Aaron Murphy of Kitsap Building Association (KBA) and Brenda Nunes of the Master Builders Association of King and Snohomish Counties (MBAKS).
How the recent US Supreme Court’s decision on impact fees affects BIAW members
by Sydney Phillips Associate General Counsel
Impact fees are the proverbial boogeyman of the building industry. They sneak up on unsuspecting builders and homeowners, and in many cases, play a significant role in whether a homeowner can fulfill their dreams for their land.
Local governments and agencies often increase impact fee costs at astronomical rates, without explaining where they’re spending the money or who is collecting it. The only limit to the seemingly unlimited power that the government wields in the land use context comes from two US Supreme Court (SCOTUS) cases and the test that arose from them.
The Nollan nexus test
In 1987, the US Supreme Court case Nollan v. California Coastal Commission addressed property rights along the coastline. Consider this brief scenario: You own a beach house and you want to add a new deck or a swimming pool. But before the government allows you to do so, they require you to give up something in return, like public access to part of your land.
The US Supreme Court in Nollan held that the government must provide a good reason and compensate you fairly if it “takes” a portion of your property. This became known as the nexus test.
Nollan/Dolan proportionality test
Then in 1994, Dolan v. City of Tigard came before the US Supreme Court. In this case, a landowner wanted to expand her store, but the city said she could only do it if she gave up some of her land for public use, like a bike path.
The Supreme Court allowed this, but required the city to prove such requirements are directly related to the impact of the expansion and that it’s fair and proportionate. The Court there added to Nollan’s nexus test, and proclaimed that the requirement from the government also had to be roughly proportional.
The Nollan-Dolan proportionality test focused solely on the actions of a governmental agency, like a local planning department.
But what if the legislature is the one imposing the building permit or impact fee?
That question went unanswered until George Sheetz, a California landowner, brought it to the US Supreme Court.
Sheetz establishes new test
In 2016, Sheetz applied for a permit to build a manufactured home on his property in El Dorado County. The County charged him more than $23,000
in “traffic impact mitigation fees” to get the permit. The county based the fee, not on the costs of the traffic impacts specifically attributable to his particular project, but instead according to a rate schedule. After paying the fees, Sheetz sued the County of El Dorado, arguing the Nollan/Dolan test applied.
The lower California courts all rejected his argument, ruling that the NollanDolan test did not apply because the fees he was disputing were all created by the local legislators.
This April, the US Supreme Court in a 9-0 decision with several concurring opinions resolved the limited question presented in Sheetz v. El Dorado County. The court ruled that conditions on building permits are not exempt from scrutiny under Nollan and Dolan just because a legislature imposed them.
Many lower courts previously understood Nollan and Dolan and their tests, “essential nexus” and “rough proportionality,” only applied to permit conditions when the exaction was done by an administrative official, not the legislature. SCOTUS makes clear here, in Sheetz, that this is incorrect, and clarifies that the “Takings Clause does not distinguish between legislative and administrative permit conditions.”
SCOTUS’ clear confirmation that legislative permit conditions are subject to Nollan/Dolan scrutiny is important to Washingtonians who have significant permitting fees in most cities and counties (though perhaps not as high as Mr. Sheetz’s $23,000 permit fee). Washington homebuilders should expect to see courts apply the Nollan/Dolan tests to legislative permit conditions, as well as ad hoc decisions by administrative officials.
How does this affect Washington?
Many BIAW members have asked, “Does Sheetz mean we no longer have to pay impact fees?” Unfortunately, no. Impact fees still exist and will still play a role in Washington state. The good news, however, is that legislatively imposed impact fees are now subject to the same scrutiny as impact fees prescribed by bureaucrats.
Procedurally, if you’ve paid impact fees and believe the fees do not meet the nexus and rough proportionality tests, the next step would be to file a lawsuit in the Superior Court of the county where you paid the impact fee.
But before filing a lawsuit, you’d need to answer a few questions:
n Are the impact fees effective now?
n Has anyone paid them?
leading the charge in Washington state to tackle the burdensome cost of impact fees.
Looking for legal advice?
BIAW’s legal team represents the association in state and federal challenges with broad industrywide implications. They frequently refer members to the following attorneys on the BIAW Legal Committee for land use issues.
n Do they violate nexus and rough proportionality?
A lawsuit is not always the only option. If you can speak with the city or county about the increase, that might be a good place to start. You may be able to alert them that they are not meeting those tests and would not comply with Nollan, Dolan, or Sheetz
BIAW continues to work to mitigate the effects of impact fees on the American dream of home ownership. We’re
Jamie Howsley, Jordan Ramis Vancouver
Duana Kolouskova
Johns Monroe Mitsunaga Kolouskova Bellevue
Charlie Klinge, Stephens & Klinge Bellevue
Nathan Smith, Kutak Rock Spokane
Daniel Berner, Berner Law Shelton
Homebuilding hero? Or builder barrier?
Check out our 2023-24 scorecard to see where your legislators landed.
BIAW always says elections matter—but so do votes. Our government affairs team worked with the BIAW Legislative Policy Committee to compile vote counts on 34 bills and six amendments affecting the residential homebuilding industry and the price of homes in Washington. Then we scored all the legislators based on whether or not their votes aligned with our positions on those bills.
How to read the 2023-24 BIAW Legislative Scorecard:
n Read the key to familiarize yourself with the bills and amendments we scored. You’ll note we assigned a letter to each priority bill and then numbered any amendments to the bill accordingly.
n Then look for your Senator and your two representatives by district. If you don’t know your legislative district, you can look it up at https://app. leg.wa.gov/DistrictFinder/
n Check out their overall vote counts for 2023 and 2024, as well as their combined score.
n Read across the row to dig deeper into their probuilder vs. anti-builder votes. Votes that match the BIAW position have a block box and votes contrary to our position have blank boxes.
n You can easily cross-reference the bills by letter to learn more about each one.
Questions? Please reach out to Senior Legislative Manager Tricia Guillon at triciag@biaw.com or (360) 352-7800 x 166.
HB 1068 Injured Worker Medical Exams A
Allows injured workers to record ordered independent medical exams (IME) for workers’ comp claims, making many providers unwilling to perform IMEs, thus preventing injured workers from receiving a medical diagnosis and treatment to recover. This is bad for workers and bad for the workers’ compensation system.
BIAW
HB 1106 Unemployment for Voluntary Quits
Allows an employee to receive unemployment insurance benefits when they voluntarily quit for certain reasons. Ignores the requirement that a person receiving unemployment insurance benefits must certify they can work and are looking for work. Places a heavier burden on employers as they will pay higher premiums for unemployment insurance.
BIAW
NO
HB 1110 Middle Housing
Increases housing requirements in cities of 75,000 people or more to allow duplexes, triplexes, quadplexes, etc., creating opportunities for more housing units for middleincome home buyers.
BIAW Position: YES
YES
HB 1181 Climate Change/Planning in GMA
Adds a new climate change element to the Growth Management Act (GMA) and incorporates new requirements for local governments’ planning requirements that increase the cost to build a home and limit buildable land.
BIAW Position: NO
YES
Requires an employer to pay interest on wage complaints, even without a citation or determining if wages are owed. It assumes the employer is in the wrong, putting them at a disadvantage in disputes with employees.
BIAW Position: NO
Would have been an easy and fast solution to increase housing supply by allowing property owners to split their lot in two to develop or sell if both lots met certain standards.
BIAW Position: YES
Passed: NO
Would have enacted an impact fee deferral program allowing promissory notes instead of liens to be issued on the property receiving deferral. This would have made impact fee deferral programs work better for the needs of builders to spur more housing construction.
BIAW Position: YES
HB
1293
Design Review Standards
Requires counties and cities planning under the GMA to have clear and objective design review standards on the exterior of new developments. This removes nebulous board review and enables builders to know the requirements upfront, reducing time and construction costs.
BIAW Position: YES Passed: YES
HB 1308 Graduation Pathways
Adds new graduation pathways for performance-based learning and requires schools to promote all graduation pathways available to students. Provides an additional path for students to graduate with the skills needed to enter the residential construction industry.
BIAW Position: YES Passed: YES
Similar to SB 5235, removes barriers when constructing ADUs by allowing two ADUs per lot inside the Urban Growth Areas (UGA) so more units can be built in existing neighborhoods.
BIAW Position: YES
2023 House Vote: 2023 House Vote:
Would have established a statewide Building Energy Upgrade Navigator Program for buildings under 20,000 sq. ft. to decarbonize thus increasing regulation and costs.
BIAW Position: NO
YES
2023 House Vote: 2023 House Vote:
2023 Senate Vote: 2024 1st House Vote:
This bill requires Puget Sound Energy (PSE) to plan to fully electrify their demand-side energy portfolio. This is a backdoor ban on natural gas for PSE’s new and existing users. Also allows PSE to combine rates for both their electric and gas customers, resulting in higher rates for all customers.
2nd House Vote:
Senate Vote:
Would have required PSE to pay the conversion costs for all forced electric conversions.
BIAW Position: YES Passed: NO
2024 Senate Vote:
Would have prohibited PSE from raising customer rates or other fees to cover the increased regulatory fees.
BIAW Position: YES Passed: NO
2024 Senate Vote:
HB 1589 Natural Gas Ban - Amendment 825
Would have prohibited approval of PSE’s integrated system plan if it would increase costs for ratepayers.
BIAW Position: YES Passed: NO
HB 1337 Accessory Dwelling Units (ADUs)
HB 1589 Natural Gas Ban
HB 1589 Natural Gas Ban - Amendment 843 L4
Would have prohibited PSE from transitioning a customer from gas to fully electric if currently receiving gas or has a permit pending reliant gas service.
BIAW Position: YES
Passed: NO
2024 Senate Vote:
YES NO EXCUSED 20 28 1
SB 5058 Multiunit Residential Buildings
Moves condo buildings with 12 or fewer units and 1-2 stories under the residential code instead of the building code. This reduces costly regulations for low-rise condos, lowering the overall sales price for buyers.
BIAW Position: YES Passed: YES
2023 House Vote:
2023 Senate Vote:
SB 5110 Labor Practices/Penalties
Would have added a private right of action (PRA) for violations of prohibited practices not covered under criminal or civil remedies in the Violations – Prohibited Practices RCW. This would have made it easier for employees or perspective employees to sue—significantly increasing costs for employers—rather than go through an administrative process to remedy an infraction.
BIAW Position: NO
NO
2023 House Vote:
2023 Senate Vote:
SB 5217 Ergonomics
Repealed the 2003 Initiative 841, which barred Labor & Industries (L&I) from imposing ergonomics rules. This increases costly regulation, leading to more automation in the future. Many businesses have not fully recovered from the pandemic, this could cause them to close their doors permanently.
BIAW Position: NO
YES
2023 House Final Vote:
2023 Senate Vote:
SB 5217 Ergonomics - Amendment 614 O1
Would have required L&I to only adopt rules for an industry or risk classification if there have been technical assistance documents issued by the department for at least five years.
BIAW Position: YES
Passed: NO
2023 House Vote
SB 5217 Ergonomics -
Amendment
616 O2
Would have limited L&I ergonomics rules to only industries that have not decreased each year of a five-year period and have more than two times the average musculoskeletal injuries.
BIAW Position: YES
Passed: NO
2023 House Vote
YES NO EXCUSED 46 51 1
SB 5235 Accessory Dwelling Units
Would have reduced regulations, allowing more ADUs to be built within urban growth areas. With one million new homes needing to be built over the next 20 years, these units would have offered additional solutions for families with aging parents or those wanting to downsize.
BIAW Position: YES
Passed: NO
2023 House Vote:
2023 Senate Vote:
SB 5258 Right to Cure Condos Q
Allows the right to cure in condo/townhouse construction, incentivizing condo owners to work with the builder if there is a defect, removing a barrier for condo/townhouse construction and helping increase the supply of such units.
BIAW Position: YES
Passed: YES
2023 House Vote:
2023 Senate Vote:
SB 5284 Campaign Finance Disclosure R
Would have required all campaign contributions from a corporation to include a signed attestation from the Chief Executive Officer regarding foreign ownership. This would have chilled political speech significantly and increased unnecessary paperwork for political contributions.
BIAW Position: NO
Passed: NO
2023
2023
SB 5290 Local Permit Review S
Bans site plan requirements for fully interior remodel permits. Adds definitions to permit timelines, local government permit reporting and accountability measures for local governments violated adopted timelines.
BIAW Position: YES
SB 5412 Upfront State Environmental Policy Act (SEPA) review
Requires SEPA review at the comprehensive plan level instead of project-by-project for residential construction so builders will know the required exactions upfront and can decide whether to proceed with the project.
BIAW Position: YES
Passed: YES
SB 5452 Impact Fee use for Bike Lanes
Authorizes the use of impact fees to fund bicycle and pedestrian lanes. Because impact fees pass onto buyers in the final sales price, this increased cost will make it more difficult for buyers to qualify for a new home.
BIAW Position: NO
Passed: YES
SB 5466 Transit-Oriented Development
Would have increased density for established transitoriented development in cities with mass rapid transit. Washington needs more homes in all forms.
BIAW Position: YES
HB 1893 Unemployment Strikes/Lockouts
Would have allowed striking workers to receive unemployment benefits.
BIAW Position: NO
Passed: NO
HB 1927 Temporary/Total Disability
Reduced the number of days a worker’s temporary total disability must continue to receive workers’ compensation for the day of an injury and the three-day period following the injury.
BIAW Position: NO
W X Y
Passed: YES
HB 2114 Rent Control
Would have adopted a version of rent control across our state by limiting rent and fee increases. This would have severally decreased the supply of available rental housing units in our state.
BIAW Position: NO
Passed: NO
HB 2266 Lactation and Menstruation/Construction
Requires construction employers to provide hygiene products for employees who menstruate and a separate, lockable location for employees to pump.
BIAW Position: NO Passed: YES
2024 Senate Vote:
SB 5778 Employer Political Speech AA
Prevents employers from talking to employees about how potential unionization could be harmful. This legislation is unconstitutional as it infringes upon the free speech rights of employers.
SB 6015 Residential Parking
Relaxes some parking regulations, providing cost-saving measures for builders and home buyers, while still meeting the necessary parking requirements under the GMA.
BIAW Position: YES
YES
SB 6120 Wildland Urban Interface
Pauses implementation of the Wildland Urban Interface Code (WUI) until a new map is drawn according to wildfire risk and allows the State Building Code Council to only adopt specific portions of the WUI, while allowing local governments to adopt the portions that make sense for their region.
BIAW Position: YES
SB 5793 Paid Sick Leave
Expands paid family medical leave for an employee to care for those with an expectation of care with no real definition on who that is. This will lead to increased claims on already insolvent state insurance fund.
BIAW Position: NO
Passed: YES
SB 5834 Urban Growth Area (UGA) Flex
Allows flexibility to swap areas of UGA with non-UGA areas to better follow development patterns.
BIAW Position: YES
Passed: YES
SB 5980 L&I Notice Timeline
Requires Labor & Industries to notify a residential construction employer or owner within 10 business days if there is a safety hazard on their jobsite.
BIAW Position: YES Passed: YES
SB 6140 LAMIRD Flex
Allows some more flexibility development in limited areas of more intensive rural development (LAMIRD) ensuring residents are closer to essential services like pharmacies, grocery stores and hardware stores.
BIAW Position: YES
YES
SB 6291 State Building Code Council
Streamlines the State Building Code Council’s (SBCC) operating procedures by outlining protocol for filling vacant positions, requiring the SBCC to follow open public meeting rules, and adopting standards for all code amendment proposals.
BIAW Position: YES
YES
Drew Hansen was appointed as her replacement.
Christine Rolfes resigned after being appointed to the Kitsap County Board of Commissioners after the
*Sen. Drew Hansen was appointed as her replacement.
Christine Rolfes resigned after being appointed to the Kitsap County Board of Commissioners after the 2023 legislative session.
Announcing the Legislative Champions League
by Janelle Guthrie Communications Director
Battling the two-headed housing monster and protecting the homebuilding industry from disastrous public policy takes more than your everyday advocacy efforts. It requires commitment , consistency and courage .
Meet the inaugural class of the BIAW Legislative Champions League! These superheroes have risen to the challenge again and again with unwavering dedication to BIAW’s legislative and advocacy activities.
Working with BIAW’s government affairs team, these champions have not only influenced crucial legislative decisions to fight hidden costs and supply constraints, but they have also inspired others to join the fight.
How Legislative Champions earn their superhero cape
It’s not easy to earn your superhero cape. Members earn points through various advocacy activities aligned with BIAW’s legislative goals:
1 point for every time you sign in for a bill
2 points for each weekly legislative update call attended
3 points for every email sent to legislators from BIAW’s call to actions
4 points for being a resource for staff or legislators on policy issues
5 points for testifying virtually in committee hearings
7 points for testifying in person in committee hearings
10 points for active participation in special events (slaying dragons, participating in press conferences, speaking to legislators, attending special dinners, battling lions)
Advocacy Superheroes Unite
Meet the superheroes of the 2024 Legislative Champions League. They’ll receive special Champions League lapel pins at the 2024 BIAW Summer Board Meeting. BIAW tracked advocacy points from May 2023 to May 2024 to allow us to tally points before the summer board meeting. New champions will be inducted every year. Are you ready to earn your superhero cape?
Kent Arola Master Builders Association of Pierce County
Kevin Russell North Peninsula Building Association
Lucas Shifflett North Peninsula Building Association
Miriam Villiard Kitsap Building Association
Ron Perkerewicz Kitsap Building Association
Tim Lovelass Central Washington Home Builders Association
Evan Mann Master Builders Association of Pierce County
Wayne Keffer Kitsap Building Association
Kurt Wilson Master Builders Association of Pierce County
Jay Roberts Skagit/Island Counties Builders Association
Juli Bacon Master Builders Association of King & Snohomish Counties
RECORD-BREAKING REFUNDS
ROII Leads the Way
It’s another record-breaking year for ROII! For the 2022 plan year, we’ve achieved a remarkable 44.5% refund for the 1st adjustment. And for the 2021 plan year, we’ve hit an impressive 47% refund for the 2nd adjustment. The cherry on top? Our 2020 plan year concluded with an outstanding final adjustment refund of 47%, our highest final adjustment refund ever!
It’s all because of you
We owe this success to each and every ROII participant. Your dedication to safety and commitment to excellence have made this achievement possible. Whether you’re on the frontline implementing safety protocols or supporting the team behind the scenes, your contributions matter and are greatly appreciated.
ROII DISTRIBUTES TO PARTICIPATING COMPANIES + $26 MILLION
Get rewarded with ROII
If you’re not a participant, you can learn how to get rewarded for safety by joining the state’s largest, longestoperating Retro (Retrospective Rating) safety incentive program: ROII. ROII helps eliminate injuries through improvements in workplace safety and preventative strategies. If an employee is injured, we’ll help you help them get better quicker with a successful returnto-work experience.
ROII participants are earning some serious cash. Don’t leave money on the table—get rewarded for safety at ROII.com!
ROII GROUP REFUND HISTORY
Labor & Industries Adjustments
Brenda Kweiciak, BIAW Association Services Director, proudly shows off the ROII check from L&I.
[1 & 2] The Spokane Home Builders Association (SHBA) hosted its annual Bull & Crab Feast Fundraiser on April 18 at Nashville North in Post Falls, Idaho. SHBA raised over $15,000 for its workforce development program, Frame Your Future, and its Construction Camp, which took place on May 18. The Construction Camp provided nearly 30 high school juniors and seniors from the Spokane community with hands-on training in construction by building five garden sheds alongside SHBA members. ROII was proud to sponsor both events. Photos by Marcum Visuals.
[3] Olympia Master Builder’s (OMB) Education Foundation sponsored and participated in Tumwater School District’s New Market Skills Center Try-A-Trade event on May 2. This event gave kids the opportunity to “try” different skills and learn more about the construction industry.
[4] The North Peninsula Building Association held its Future Builders Surplus Sale on April 6 at the Clallam County Fairgrounds. The sale offered attendees good deals on homebuilding materials while raising funds for NPBA’s Future Builders Scholarship Program. The fun 3-hour event raised just over $5,800.
[5] Jefferson County Home Builders Association provided 27 local students from Quilcene High School and the Community Boat Project with the opportunity to tour multiple companies and speak to local professionals during a student trades tour on May 7. Students were able to ask questions and learn more about businesses they don’t normally get to walk through. Local business owners entertained dozens of questions from the students about their work and how they interact with the local community.
[6] Bridge City Contracting hosted Battle Ground High School students for a construction workshop on May 8. The workshop covered demolition, materials, tools, finishing and best practices for the construction industry. The workshop was designed to spur interest in construction careers and skilled trades and provide an overview of best practices for construction jobsite safety, an orientation to excavation, and an introduction to framing and construction. “Bridge City Contracting’s center of operation is adjacent to Battle Ground High School. We hope to become a connector for students who are exploring career pathways,” stated Elizabeth Gomez, owner of Bridge City Contracting.
[7] Skagit/Island Counties Builders Association (SICBA) hosted its annual awards banquet on May 21, celebrating individual and company member achievements from the past year. 2024 SICBA President Curtis Banta of Yonkman Construction Inc. emceed the event. Photo by Damian Vines Photography.
[8] The Central Washington Home Builders Association (CWHBA) hosted a Professional Women in Building (PWB) interest meeting on May 1 to explore the possibilities of launching a PWB chapter in Central Washington. The event was a success, bringing great energy and connections.
[9] The Master Builders Association of Pierce County participated in the second annual Women Build Day on May 10 with the Tacoma/Pierce County Habitat for Humanity. A total of 11 women came together to help build duplexes in Lakewood.
[10] On May 4, the Kitsap Building Association hosted its Construction in Motion event as part of the Peninsula Home & Remodel Expo at the Kitsap County Fairgrounds. This event allowed kids to sit in an excavator, play games and participate in other fun construction-related activities.
ROII: Teen and young worker safety
School is out, and minors are joining the workforce
by Bob White ROII Saftey Services Director
As the school year ends and teens look for summer work, now is a good time to review the general requirements for hiring minors to work in construction. Many young workers have little to no experience in the workplace, which can lead to exposure to serious hazards while working.
Washington state and federal laws prohibit many jobs and duties for minor workers. Youth apprentices and student learners within approved vocational or instructional programs can be granted limited exemptions from some of these prohibitions.
General restrictions
n Working higher than 10 feet off the ground or floor level
n Most driving of motor vehicles on public roads
n Operating forklifts or other heavy equipment such as earthmovers, tractors, backhoes, etc.
n Jobs where respiratory protection or hearing protection is required
Common prohibited duties in construction-related activities
n Working on or around a roof
n Wrecking, demolition, trenching or excavating
n Operating or riding cargo elevators, man lifts, hoists and cranes (automatic passenger elevators are okay)
n Flagging or helping on a public roadway
n Operating boilers or working in engine rooms
n Operating power-driven woodworking machines
n Operating metal-forming, punching and shearing machines
n Operating powered circular and band saws
n Handling or using explosives
n Mining
All youth under 18 years old
The following jobs and duties are prohibited for minors working in any industry:
n Any work including operation, repair, oiling, cleaning, adjusting or setting up of:
n Power-driven woodworking machines
n Circular, band, or chain saws
n Power-driven metal forming, punching and shearing machines, including guillotine shears
n Wrecking, demolition and excavation
n Roofing
n Handling or exposure to highly toxic, carcinogenic, corrosive and poisonous chemicals (does not include handling sealed containers in retail situations)
n Handling, use or manufacture of explosives or blasting agents
n Working where a strike, labor dispute or lockout exists
Visit lni.wa.gov/workers-rights/youthemployment/prohibited-duties for more information, and see WAC 296-125-030 for a full list of prohibited duties.
Teen and young worker safety and health
Employers who hire teen workers need to provide safety training that is specific and targeted to hazards in their industry to ensure they understand what necessary measures are in place to protect them. In Washington, employers must follow specific laws and rules to hire anyone under the age of 18. Businesses that violate minor work restrictions can be subject to fines and civil penalties.
Before hiring minors in your workplace, you must :
1. Get a minor work permit endorsement on your business license from the Department of Revenue. Once you receive it, you must post this new business license and renew it every year.
2. Get a completed parent/school or summer authorization form to keep on file. This must be done before a minor can begin working.
A. When school is in session –complete the L&I Parent/School Authorization Form
B. During summer break – complete the L&I Parent Authorization for Summer Work Form (A new summer work form must be completed every year)
3. Verify the minor’s age by keeping either a copy of a birth certificate or a driver’s license on file.
Learn more at lni.wa.gov/workersrights/youth-employment/how-to-hireminors
While participating in ROII has more rewards than you can shake a 2x4 at, Reward #17 is one folks rave about year after year. ROII consistently delivers better L&I refunds as a reward for businesses like yours. You’ll also get tips for keeping your people—and business—safer, help navigating a claim with L&I, and no hidden fees or extra charges. No wonder ROII is Washington state’s largest workers’ comp safety program. save an average of 39% on workers’ comp.
I-2066: Help protect natural gas and propane in Washington
by Janelle Guthrie Communications Director
Natural gas delivers vital energy, warmth and comfort to more than a million homes in our state. It also supports the jobs and security of 100,000+ businesses, restaurants and institutions in Washington.
For the last several years, Gov. Jay Inslee has set his sights on banning natural gas as an energy choice as a way to fight climate change. When he couldn’t pass an all-out ban in the legislature, he worked through the State Building Code Council to make natural gas service in new construction too costly for most to afford. Then he strong-armed the legislature into passing a bill directing the state’s largest utility to move toward full-scale electrification, forcing natural gas customers to pay roughly $40,000 to convert their homes.
BIAW and others are fighting back with Initiative 2066 to protect natural gas as an energy choice and prohibit natural gas and propane bans at any level of government, at any time, anywhere in Washington.
If you haven’t signed the initiative, please find one at your local home builders association or check for locations at Letsgowashington.com/ signing-locations
We are working to submit 405,000 signatures to the Secretary of State’s Office by July 5. Every signature matters!
I-2066 Super Signing Events: (l) June 1 in Bellevue with Brandi Kruse and John Curley (r) June 8 in Bellevue with John Carlson and Brian Heywood
Signing Initiative 2066 gives voters the power to:
n Stop the state from limiting natural gas service to homes and businesses, like restaurants and breweries.
n Protect natural gas for heating, cooking and more.
n Stop state and local governments, and their agencies, from banning, restricting, or discouraging gas and gas appliances in homes and businesses, like restaurants.
n Make sure gas utilities will continue to provide natural gas to customers who want it.
n Protect people from having to switch to only electric energy.
n Keep the power on when our energy grid is at capacity in super cold or hot weather.
Signing Initiative 2066 DOES NOT:
n Force anyone to use natural gas or natural gas appliances.
n Take away energy incentives and rebates for those who choose them. Reduce the state’s commitment to addressing climate change.
Building Industry Association of Washington
300 Deschutes Way SW, Ste. 300 | Tumwater, WA 98501 (360) 352-7800 | BIAW.com |
