The 2023 Legislative Session in a Post-Covid Environment
For 45 years, NUCA – WA (formerly, Utility Contractors Association of Washington) has had a presence in Olympia, representing the heavy civil construction industry before the Washington State Legislature.
Following the outbreak of the Covid – 19 pandemic, normal operations in Olympia ceased to exist, where all interaction with the legislature, its committees, elected officials and staff became remote. This less than ideal scenario played out over two years where very impactful policy measures were adopted outside of public view. These included a capital gains income tax (now being challenged before the state Supreme Court), climate policies resulting in fuel prices that are getting higher each and everyday, and an unprecedented transportation revenue package that cut the minority republican party out of any negotiations for the first time in the state’s history. Many would tell you that much of this type of legislation would not have passed, or would have been in a much different form, but for the lack of transparency resulting from a system that virtually shut down direct public access and scrutiny.
With the lifting of pandemic restrictions and Governor Inslee’s emergency powers, the 2023 legislative session began January 9th, with most operations returning to normal.
This 105 – day session sees 29 new legislators joined by 21 members of the 2021 freshman class. This equates to over one-third of the legislature never having been on the capitol campus, participated in live public hearings or had in-person meetings with the public. Democrats continue to hold large majorities in the legislature, controlling the House by a count of 58-40 and the Senate by a count of 29-20.
Issues Affecting NUCA members:
Large democrat majorities tend not to favor the construction industry and business in general in Washington state. 2023 is no exception as last year’s election outcomes have emboldened the majority party that believes it has a mandate to continue pushing progressive policies.
For NUCA, we are largely maintaining a defensive posture along with other construction industry partners. The following are some of the key defensive issues we are facing this year:
HB 1099 - Requiring certain wages in public works contracts to be at least the prevailing wage in effect when the work is performed.
HB 1050 – Increasing apprenticeship utilization.
HB 1067 - High-hazard facility wages (mandating prevailing wage for private work).
HB 1282/SB 5322 - Requiring environmental reporting on public building materials.
SB 5111 - Removing thresholds for the payment of accrued and unpaid sick leave for workers separating from construction.
SB 5133 - Increases responsible bidder criteria to include an active training agent on public works and wages.
SB 5217 – Allows L&I rulemaking related to ergonomics and musculoskeletal disorders.
SB 5234 – Increase requirements for filing mechanics’ and materialman’s liens on private projects.
Conclusion
NUCA continues to maintain a strong presence in Olympia and works closely with the AGC, the Washington Construction Industry Council and its member associations in fighting back against harmful legislation to our industry. The NUCA Legislative Committee meets monthly and its members review newly introduced legislation weekly, to form and guide our association’s positions. One benefit from the Covid environment in Olympia was the development of a remote option for public hearing testimony. This allows our members to carry our message directly to legislators in public hearings without having to spend a day of travel to and from the Capitol.
If you are not and would like to join the Legislative Committee, please contact Fawn Wilson at fawn@aminc.org and she will add you to our very capable group. In the meantime, we will continue to work hard to care for the best interests of NUCA and its members.
