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LB 2011 - 01

January 17, 2011

 

Starting today, and running through the 60-day legislative session, members will receive the CAWV Legislative Bulletin every Monday morning.  The bulletin contains legislation and activities that will affect contractors, subcontractors and suppliers. 

 

Throughout the session, members will be asked to contact their legislators on issues affecting the construction industry.  Members will receive Legislative Alerts detailing the issues and containing contact information.  The memberships of legislative committees have changed and are available on the Legislature’s website at www.legis.state.wv.us. New lawmakers have been added to committees and veteran members have shifted committee assignments. Some committees, especially in the Senate, have new leaders.

 

            Senate committees                               www.legis.state.wv.us/committees/senate/main.cfm

            House of Delegate committees                        www.legis.state.wv.us/committees/house/main.cfm 

 

GOVERNOR TOMBLIN GIVES STATE OF THE STATE ADDRESS

 

Gov. Earl Ray Tomblin presented his first State of the State address, opening the 2011 legislative session.  He said as governor, he will make jobs his number one priority.  “Now, we should have no illusions; there are structural, political and economic impediments to West Virginia reaching its full potential.  This is why I come to you to ask for your help.  It is my hope that we can agree on these three priorities as we move forward.”  The three, he said, are: “1/ Our top priority must be to continue to improve our business climate to attract, retain and create good paying private sector jobs; 2/ We must improve and reform our entire education system to better prepare our citizens for the jobs of tomorrow; and 3/ We must reinvent, simplify and make government more efficient and responsible to the people and businesses of our state.”

 

The governor proposed cutting the sales tax on food by one penny and giving teachers and state workers one-time incentive payments in proposed budget. He presented a balanced budget and does not propose any increases, cuts or layoffs to meet the $4.4 billion budget.  Gov. Tomblin also pledged to promote coal and aggressively pursue the state’s lawsuit against the U.S. EPA. There was no mention of infrastructure projects or financing in the 45-minute speech.

 

SENATOR KESSLER ELECTED ACTING PRESIDENT

 

Senator Jeff Kessler, D-Marshall, is now acting president of the West Virginia Senate, a move that required a rule change by senators Wednesday.  The rules change, approved by a 21-12 vote, is aimed to provide for the election of an acting president at any time when the Senate president becomes the acting governor.  Senate members also voted 30-3 to re-elect Senate President Earl Ray Tomblin, a move that allows Tomblin to continue serving as acting governor.

 

GREEN BUILDING BILLS REINTRODUCED

 


S.B. 24 and H.B. 2024 require the adoption of green building standards for the construction or renovation of public buildings over five thousand square feet.  These bills were introduced last year. The CAWV opposed the legislation because the bill dictates that the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) building silver standard as the only standard accepted.   The House bill is referred to the Committee on Government Organization then Finance. The Senate bill has a single reference to Finance Committee.

 

BILL INCREASES MAXIMUM WEIGHT FOR TRUCKS

 

S.B. 32 increases the maximum weight amount for trucks equipped with six axles and two additional brakes to 97,000 pounds with a tolerance of 10 percent.  The upper limits would be permitted on roads that are part of the national system of interstate and defense highways.  It is referred to the Committee on Transportation and Infrastructure then Finance.

 

H.B. 2144 SETS MANDATORY LIQUIDATED DAMAGES

 

H.B. 2144, introduced by Delegates Mike Caputo, Joe Talbott and Bobbie Hatfield, would require a mandatory penalty for failure to complete a public works project by the stated completion date.  Under the bill, liquidated damages for these projects will not be less than $1,000 per day. The bill also precludes change orders that exceed 20 percent, either in an increase to the original contract price or to an extension of time.  The bill is referred to the Committee on Energy, Industry and Labor, Economic Development and Small Business then Government Organization.

 

RECYCLABLE MATERIALS MANDATED FOR USE IN ROAD WORK

 

The WV Division of Highways “shall require the use of recycled material, such as old pavements, concrete and used tires in the construction, reconstruction, repair and maintenance of state road and highways when those materials are available.”  H.B. 2343 adds this language to the current powers , duties and responsibilities of the WVDOH commissioner.  The bill does not stipulate how and when recyclable materials will be used or what penalties there are for not using them. The bill goes to Roads and Transportation then Finance.

 

SCHOOL FACILITIES LEASE-PURCHASE BILL INTRODUCED

 

H.B. 2139, introduced by Delegates Larry Williams and Stan Shaver, allows a county board of education to enter into a lease-purchase agreement for land, buildings and capital improvements and allows the  School Building Authority to provide one-time grants to a county board of education for these same purposes.  There has been a lease-purchase bill introduced the past two sessions of the legislature.  The CAWV has expressed concerns whether boards of education, when using public, taxpayer dollars, can enter into a lease agreement with a private developer without following competitive bidding construction requirements.  The bill is referred to the Committee on Education then Finance.

 

WEST VIRGINIA LEGISLATURE BILL INFORMATION

 

House and Senate bills can be accessed from the CAWV’s Legislative home page at www.cawv.org/legislative.  Members can view status updates on bills of interest to the construction industry and see what legislation is introduced that affects the construction industry.  A summary of each day’s activities will be uploaded each afternoon.

 

Below is a list of bills that have been introduced this week that have an impact on the construction industry or some CAWV members.  Anyone needing further information can contact Mike Clowser at (304) 342-1166 or email mclowser@cawv.org.

 

HOUSE BILLS

 


HB 2024                      Del Fleischauer, Manypenny, Brown and Staggers-Green Buildings Act (FN)-To Government Organization then Finance.

 

HB 2025                      Del. Fleischauer and Manypenny-West Virginia Energy Efficiency Act-To Government Organization then Finance.

 

HB 2034                      Del. Ellem and D. Poling-Relating to the adoption of the 2008 National Electric Code-To Government Organization.

 

HB 2050                      Del. Overington, Cowles, J. Miller and Andes-West Virginia Right to Work Law-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2070                      Del. Fleischauer, Marshall and Martin-Relating to the Fire Prevention and Control Act-To Judiciary.

 

HB 2092                      Del. Cowles-Changing the definition of “construction” to only include projects whose total costs are more than $200,000 in the prevailing wage law-To Energy, Industry and Labor, Economic Development and Small Business then Government Organization.

 

HB 2094                      Del. Cowles-Exempting certain construction projects performed on behalf of county or municipal governments from prevailing wage laws-To Political Subdivision then Judiciary.

 

HB 2111                      Del. Shaver and Williams-Dedicating a portion of the receipts from the tax on food products to be distributed equally to each district of the Division of Highways (FN)-To Roads and Transportation then Finance.

 

HB 2114                      Del. Caputo and Martin-Providing an employee the right to decline to work more than forty hours in a workweek-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2120                      Del. Rodighiero-Providing overtime pay for all employees who are required to work holidays regardless if the holiday hours are in excess of a forty hour workweek (FN)-To Energy, Industry and Labor, Economic Development and Small Business then Finance.

 

HB 2139                      Del. Williams and Shaver-Relating to allowing a county board of education to enter into lease-purchase agreements and allowing the School Building Authority to provide one-time grants to a county board of education for that purpose-To Education then Finance.

 

HB 2144                      Del. Caputo, Talbott and Hatfield-Requiring contractors awarded state public works construction projects to meet time restrictions for the completion of a public works construction project-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2165                      Del. Cowles, J. Miller and Overington-Prohibiting project labor agreements on state-funded construction contracts-To Government Organization then Finance.

 

HB 2166                      Del. Doyle-Relating to land use planning-To Political Subdivisions then Judiciary.

 

HB 2176                      Del. Sumner and Frazier-Terminating tolls on the West Virginia Turnpike before 2020-To Roads and Transportation then Finance.

 

HB 2231                      Del. Doyle-Authorizing county commissions to use impact fees to fund the building and operation of libraries and to administer and provide affordable housing for individuals or families of low or moderate income-To Political Subdivisions then Finance.

 

HB 2232                      Del. Doyle-Removing the exemption from planning and zoning restrictions for mining and manufacturing activities and uses (FN)-To Energy, Industry and Labor, Economic Development and Small Business then Finance.

 

HB 2244                      Del. Overington, Duke and J. Miller-Changing the board members of public service district terms from six to three years-To Political Subdivisions then Judiciary.

 

HB 2259                      Del. Caputo-Extending unemployment compensation benefits when special circumstances exist-To Government Organization then Finance.

 

HB 2261                      Del. Caputo-Changing the amount a person can earn while receiving unemployment benefits (FN)-To Judiciary then Finance.

 

HB 2265                      Del. Caputo-Making the use of permanent replacements for striking workers an unfair labor practice in certain instances-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2288                      Del. Armstead-Decreasing the corporate income tax rate beginning in the year 2012 (FN)-To Finance.

 

HB 2316                      Del. Guthrie-Giving full consideration to bicycle, pedestrian and transit ways in the planning, development of state roads, railways and waterways-To Road and Transportation then Finance.

 

HB 2343                      Del. Manypenny, Marshall, Fleischauer and Martin-Requiring the West Virginia Commissioner of Highways to use recycled materials in construction or maintenance of roads and highways (FN)-To Roads and Transportation then Finance.

 

HB 2352                      Del. Caputo, Longstreth and Manchin-Extending the alternative-fuel motor vehicle tax credit for ten years and making the credit retroactive from the expiration date of the initial credit (FN)-To Finance.

 

HB 2367                      Del. Cowles, Overington, Duke, Anderson, Andes, Romine, Ellem and Sumner-Redistricting of the House of Delegates into one hundred single member districts-To Judiciary then Finance.

 

HB 2371                      Del. Paxton-Relating to the West Virginia Occupational Safety and Health Act (OSHA)-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2389                      Del. D. Poling, Hamilton and Caputo-Setting compensation standards for classified employees who work overtime on weekends or holidays (FN)-To Education then Finance.

 

 

 

HB 2390                      Del. Fleischauer, Caputo, Marshall, Hatfield, Guthrie, Frazier and Stowers-Providing that ll employees have the right to review and copy contents of their personnel file-To Energy, Industry and Labor, Economic Development and Small Business then Judiciary.

 

HB 2410                      Del. Sumner, Duke, Sobonya and Schoen-Prohibiting the naming of a publicly funded building, road, structure or project for living elected public official-To Government Organization then Judiciary.

 

HB 2422                      Del. Moore, Kominar, Craig, Varner, Campbell and Andes-Creative Communities Development Act-To Energy, Industry and Labor, Economic Development and Small Business then Finance.

 

HB 2424                      Del. J. Miller, Cowles, Andes and C. Miller-Health Care Affordability Act (FN)-To Banking and Insurance then Finance.

 

HB 2435                      Del. C. Miller, Sobonya, Sumner, Shott, Rowan, Duke, Phillips, Crosier, Shaver, Perry and Stowers-Allowing the School Building Authority to designate money for the building of playgrounds-To Education then Finance.

 

HB 2448                      Del. Kominar, Varner and Ferro-Creative Communities Development Pilot Program (FN)-To Energy, Industry and Labor, Economic Development and Small Business then Finance-[Interim Bill].

 

HB 2477                      Del. Walters-Relating to roads and highways (FN)-To Roads and Transportation then finance.

 

HB 2489                      Del. Michael, Staggers, Morgan and Crosier-Exempting licensed surveyors from liability for defamation or slander of title when performing their professional duties-To Judiciary

 

HB 2493                      Del. Michael and Cann-Increasing allowable tax credits for qualified rehabilitated buildings investment (FN)-To Finance.

 

HB 2503                      Del. Morgan, Stephens, Hartman, Hatfield and Swartzmiller-Relating to licensure requirements-To Government Organization then Judiciary.

 

HB 2511                      Del/ Ennis, Givens, Swartzmiller, Jones, Ferro, M. Poling, Romine, Evans, Pethtel, T. Campbell and Azinger-Permitting a county board of education to include in any revenue bond for construction projects the cost of demolition of buildings-To Education then Finance.

 

SENATE BILLS

 

SB 5                             Sen. Yost-Creating State Labor Relations Act (FN)-To Judiciary then Finance.

 

SB 16                           Sen. Foster-Reducing residency requirements for Purchasing Division’s vendor preferences (FN)-To Government Organization then Finance.

 

 

SB 21                           Sen. Helmick-Relating to coalbed methane tax revenue distribution-To Judiciary then Finance.

 

 

SB 23                           Sen. Barnes-Establishing municipalities’ method for B & O taxes on gasoline distributors and dealers (FN)-To Government Organization then Finance.

 

SB 24                           Sen. Unger-Creating the Green Building Act-To Finance.

 

SB 32                           Sen. K. Facemyer-Increasing maximum weight for six-axle trailers-To Transportation and Infrastructure then Finance.

 

SB 37                           Sen. Jenkins-Expanding counties covered by WV Route 2 and I-68 Authority-To Transportation and Infrastructure then Government Organization.

 

SB 41                           Sen. Jenkins-Creating Jobs Impact Statement Act (FN)-To Economic Development then Finance.

 

SB 43                           Sen. Jenkins-Creating Asbestos Claims Transparency Act-To Judiciary then Finance.

 

SB 54                           Sen. Minard-Relating to private investments for additional lodging at Stonewall Jackson Lake State Park (FN)-To Natural Resources then Finance.

 

SB 56                           Sen. Jenkins-Creating Asbestos Claims Transparency Act-To Judiciary then Finance.

 

SB 62                           Sen. K. Facemyer (By Request)-Increasing criminal penalties for violations of WV Contractor Licensing Act-To Judiciary.

 

SB 94                           Sen. Sypolt-Updating Surveyor terminology and plat preparation-To Energy, Industry and Mining then Government Organization.