Your HBA as working for you in Washingting (here is how)

(September 20, 2017) Ever wonder what your Home Builders Association is doing for you in Washington DC and around the country?  Below is a report of the issues on which we are engaged:

1. Canadian Softwood Lumber

  • The U.S. Department of Commerce imposed a 20% countervailing duty on Canadian lumber imports in April, and added 7% antidumping duties in June. 
  • In late August, Commerce announced a delay in the final duties to Nov. 18. This will allow more time to negotiate a settlement. Collection of countervailing duties is suspended for now, but antidumping duties will continue to be collected. 
  • NAHB is meeting with representatives with the Trump Administration and Congress as well as Canadian officials to address home builder concerns regarding price and availability of lumber. 
  • These meetings are especially important because U.S. consumers cannot participate in trade disputes, although NAHB provided witness testimony during the International Trade Commission hearing on Sept. 12. 
  • Generally, lumber prices have increased, but that may be partly due to wildfires in the Western U.S. and Canada. 
  • NAHB is urging U.S. lumber producers to increase production for domestic consumption, and working to identify alternate foreign sources of dimensional lumber. 

2. Disaster Response

  • In the aftermath of two devastating hurricanes, NAHB is working closely with state and local home builder associations in those areas to help them meet the needs of members affected by the storms. 
  • We sent out an all-member email with information on how to donate to the recovery effort. 
  • NAHB issued statements on hurricane-related advocacy. Our leadership conducted media interviews on flood-related topics, including the need for the National Flood Insurance Program (NFIP) reauthorization, building codes, rebuilding efforts and labor shortages. 
  • We updated our online Disaster Recovery toolkit with new media talking points and safety information for contractors. 
  • We added resources on hiring contractors and places to donate on our consumer Web page. 
  • We are creating resources on business continuity; hiring reputable contractors; and best practices for flood damage repair work. 
  • We will continue to reach out to the affected communities to see how to help in the rebuilding efforts. 
  • With respect to resiliency, our Resiliency Working Group issued its final report and recommendations in July. Many of the recommendations are related to disaster preparedness, resiliency, recovery and communications. 
  • The hurricanes have illustrated the importance of disaster response and planning for rebuilding, and the Resiliency Working Group will now help ensure NAHB can be a resource and problem solver after a natural disaster. 

3. Electronic Recordkeeping

  • The Occupational Safety and Health Administration’s 2015 electronic reporting rule requires certain employers to electronically submit injury and illness data that they are mandated to keep under existing recordkeeping regulations. 
  • The rule also contains anti-discrimination prohibitions to protect workers who notify an employer of a workrelated injury or illness. 
  • NAHB has concerns about several elements of the rule, including the requirements for employers to submit records electronically to OSHA that would become publicly available.  In January, NAHB and other stakeholders filed a legal challenge. 
  • On May 5, NAHB and other organizations submitted a petition to the Department of Labor (DOL) seeking a stay of implementation and enforcement of the rule, and requested OSHA re-open the rulemaking. 
  • In June, OSHA announced it was extending the filing deadline for employers to submit electronic records to December, which would give OSHA more time to review the rule. 

4. Federal Flood Risk Management Standard

  • In response to the charge led by NAHB and as part of President Trump’s Executive Order to expedite federal approval for infrastructure projects, the Administration revoked Executive Order 13690 and the Federal Flood Risk Management Standard (FFRMS). 
  • Our advocacy efforts included participating in federal listening sessions and meetings; submitting comment letters to federal agencies; and requesting that President Trump revoke it. 
  • This standard would have dramatically expanded regulated floodplain areas. 
  • However, in response to the hurricanes, the Trump Administration may establish its own flood standard. 
  • If the Administration chooses to do so, NAHB will work with the White House to develop an effective standard that does not place undue regulatory burdens on residential construction projects. 

5. Immigration

  • The H-2B Temporary Non-Agricultural Worker program allows employers who cannot find local labor for short-term or seasonal jobs to fill those positions with temporary foreign workers. 
  • There is an annual cap of 66,000 on H-2B visas issued in a fiscal year, but that cap excluded workers who had participated in the program within three years. 
  • That “returning worker exemption” expired in September 2016 and has not been renewed by Congress. 
  • In May, Congress approved a spending package for the remainder of FY 2017 that included language allowing the Department of Homeland Security (DHS) to raise the statutory cap for 2017 to allow additional visas. 
  • In July, DHS announced it would make 15,000 more visas available, but only to employers who could demonstrate that their business would suffer “irreparable harm” without H-2B workers. 
  • The next round of H-2B visas will become available on Oct. 1. NAHB hosted a free webinar to help employers learn if they qualify to apply for H-2B workers and how they can become certified employers under the program. 
  • With Congress and the Administration focused on immigration enforcement, the prospect of creating a new guest worker program to benefit builders and specialty trades is highly unlikely. 
  • NAHB continues to advocate for restoration of the returning worker exemption while looking for opportunities to expand and reform the H-2B program.

6. Low-Income Housing Tax Credit (LIHTC)

  • On Aug. 1, NAHB Chairman Granger MacDonald testified before the Senate Finance Committee on “America’s Affordable Housing Crisis.” The hearing focused on the LIHTC. 
  • Chairman MacDonald also discussed how lots and labor shortages, building material price increases and regulations affect housing affordability.

7. National Flood Insurance Program (NFIP)

  • The NFIP was extended until Dec. 8 as part of a broader legislative package. 
  • During NAHB’s Leg Con in June, builders spoke to their congressional delegations about provisions in the House Financial Services Committee’s flood insurance bill that negatively targeted new construction and grandfathered properties. 
  • NAHB was able to convince the committee’s leadership to remove those provisions. 
  • After Hurricanes Harvey and Irma, discussions about changing the program were put on hold as policymakers ensured home owners and communities had short-term certainty and financial aid. 
  • NAHB will work with Congress on long-term legislation that ensures an affordable, available, predictable and financially stable NFIP.

8. Regulatory Reform

  • President Trump has made regulatory reform one of his top priorities, and has asked each agency to evaluate existing regulations and identify ones that should be repealed, replaced or modified. 
  • We have submitted recommendations to the Environmental Protection Agency (EPA), Department of Housing and Urban Development (HUD), Federal Emergency Management Agency (FEMA), National Marine Fisheries Service (NMFS), Fish and Wildlife Services (FWS), Department of Justice (DOJ) and Department of Energy (DOE), and will soon submit feedback to the Army Corps of Engineers. 
  • NAHB will provide suggestions to DOL, OSHA and others once their notices are published. 
  • We will review the 2017 Fall Regulatory Plan and Agenda upon its release and determine if our suggestions were incorporated. 
  • The Small Business Administration (SBA) Office of Advocacy is also collecting input on regulatory reform through a series of nationwide Regulatory Roundtables; NAHB has had good representation at all roundtables to date. 
  • As part of the Cleveland roundtable, NAHB member George Davis met with SBA officials at one of his construction developments. 
  • NAHB will continue its outreach to HBAs and members as additional roundtables are announced. 
  • On August 28, NAHB testified before the SBA’s Regulatory Fairness Board about the enforcement activities of federal agencies, particularly EPA and OSHA.

9. Overtime Rule

  • Under a new rule that was set to go into effect Dec. 1, 2016, the Obama Administration doubled the annual salary level used to determine whether an employee qualifies for the professional, administrative and executive exemption to overtime eligibility from $23,660 to $47,476. 
  • Under the new rule, the salary threshold would also be automatically adjusted every three years. 
  • NAHB and many other industry groups challenged the rule in federal court. 
  • We contended that DOL went beyond its authority under the Fair Labor Standards Act to allow the salary limit to automatically be re-set every year. The Administrative Procedures Act requires these updates be made through regular notice and comment periods. 
  • In a victory for NAHB, a federal judge in Texas issued a preliminary injunction that temporarily barred the implementation of the rule. 
  • On Aug. 31, the Texas federal court held the rule was invalid and the three-year automatic increase DOL included was similarly unlawful. 
  • DOL’s appeal of the preliminary injunction is now moot and likely to be dismissed.

10. Smart Market Report

  • Preliminary findings from them Green Residential Smart Market Report show that green building activity should increase over the next few years. Approximately 60 percent of surveyed builders expect it to be a significant share of their overall activity by 2022. This is nearly double from 2014, when only 32 percent of firms reported that level of green building. 
  • Single- and multifamily home builders agree that energy efficiency and healthier indoor environments are key factors in building a green home, and have prioritized these elements in the construction process. 
  • The Smart Market report found that ENERGY STAR is more popular in the single-family market while LEED and the National Green Building Standard (NGBS) are more popular with multifamily builders. 
  • The Green Residential Smart Market Report is a biannual report released by NAHB and Dodge Data and Analytics (formerly McGraw Hill). The report reviews the history and future of green home construction in the single-family, multifamily and remodeling sectors.

11. Stormwater

  • NAHB launched an online toolkit in August to help HBAs advocate for programs that provide a clear path to compliance, reduce redundancy and meet water quality goals. 
  • The toolkit provides simple checklists that compare pros and cons of different regulatory approaches based on climate, geography, and local land use patterns. This data will help our members in conversations with state regulators. 
  • As part of the toolkit launch, NAHB released A Developer’s Guide to Post-Construction Stormwater Regulation. This report provides a state-by-state breakdown on the top permitting issues affecting builders.

12. Tax Reform

  • A team of congressional leaders and Administration officials known as the “Gang of Six” is developing a structure for tax reform, while President Trump is trying to garner nationwide support on the issue. 
  • House Speaker Paul Ryan intends to move tax reform this fall. 
  • Before Congress can address tax reform, it must pass a budget resolution to set up the procedural process known as reconciliation. This will allow tax reform to pass the Senate with only 50 votes. 
  • However, there is growing resistance in the House to passing a budget resolution before members see the Gang of 6’s tax framework. To use the reconciliation process, the House and Senate must pass identical budget resolutions, which will be challenging.

13. Waters of the U.S. (WOTUS)

  • On Oct. 11, the U.S. Supreme Court will hear oral arguments on whether the 2015 WOTUS rule should be litigated in federal trial court or the appellate court. 
  • NAHB has argued that challenges to the WOTUS rule must be first heard at the trial court. 
  • We need this clarity so we do not have to file two lawsuits when we challenge an EPA Clean Water Act regulation. 
  • Meanwhile, the EPA plans to use a two-step process to develop a new WOTUS definition. 
  • In the first step, the EPA has proposed to withdraw the 2015 WOTUS Rule and revert to the status quo. We expect the agency to finalize the withdrawal by early 2018. 
  • The EPA also plans to develop a new WOTUS rule, and will soon take comments on the proposal. 
  • NAHB is taking advantage of its unprecedented access to EPA Administrator Scott Pruitt, and is working with the agency on a new rule that is clear and limits jurisdiction of the Clean Water Act consistent with congressional intent. 
  • In August, NAHB and the Dallas Builders Association hosted a meeting with Administrator Pruitt in Dallas to voice concerns and offer insight about the new rule. 
  • NAHB and the Colorado Association of Home Builders are planning a similar meeting with Administrator Pruitt in Colorado Springs in October. 
  • In late October, NAHB will provide recommendations on a revised WOTUS definition at a business-focused in-person listening session at EPA headquarters. 

For more information about these or other Federal government affairs issues, contact Michael Dey (mdey@hbaofgreenville.com).

Preparing for Hurricane Irma

Preparing for Hurricane Irma

Your Home Builders Association is closely monitoring the path of the approaching storm and the potential effects on our state and our members.

In an effort to provide you members with information on securing job sites throughout the state and protecting your families, friends, pets and personal property prior to any potential weather threat due to Hurricane Irma, the HBA of South Carolina has prepared the checklist and other resources below.

Your HBA is here to provide any assistance that we can in order to keep you safe.

CHECKLIST

1. Check with local building departments
Many local building inspection departments office hours/inspections schedules may have changed significantly relative to Hurricane Irma. Check to make sure you know their hours of operation and any amended inspections schedule.

2. Secure job site materials
Once it looks like a storm will be passing close enough to a project, it is time for job site personnel to perform critical tasks like securing materials, trash, tools or other debris that can take flight in heavy winds, including items like dumpsters and portable bathrooms. Please reduce your liability by securing any construction equipment and materials that can be thrown around in a heavy windstorm.

  • Prepare to shut down all operations at least 36 hours prior to the storm’s intended landfall
  • Notify your subcontractors that you are calling a temporary halt to all work
  • Store all construction equipment and supplies inside buildings if possible
  • Tie down or band together all equipment, tools, supplies, and materials that cannot be secured indoors
  • Secure construction debris
  • Secure all signage safely indoors if possible or tie it down if it cannot be moved easily
  • Take a few moments to double check that all heavy-duty equipment and scaffolding supplies are properly secured to withstand the conditions a hurricane or strong storm will bring
  • Turn off the access points for all utilities.
  • Make sure that the documentation for your valuables is securely locked awayConsider taking pictures on your phone for additional proof that you have certain possessions

3. Plan for water removal
Planning for water removal also is key. Consider placing pumps in excavations or basements in advance of the storm so that pumping can begin as soon as it is safe to do so. Getting rid of excess water is not only important for project cleanup but also to protect adjacent properties.

4. Ensure the security of the structure
Now that the items on the periphery of the project are secure, it is time to safeguard the structure itself. If the work is a renovation, or if work has progressed on a new building to a point where water can significantly damage the interior, crews should board up any openings and accessible windows and place sandbags around the perimeter.

5. Post Storm Assessment
When the storm has passed and local authorities have given the go-ahead, it is time to return to the project site to assess damage and start to clean up. It is important to use caution when navigating every area of the project site, especially those with standing water, because sharp or jagged debris could pose a danger. It is also essential to use the same care when entering a building after a storm because, depending on the extent of the damage, some structural elements could be compromised.

Be sure to have your insurance agents contact information on hand.

Please do not hesitate to contact us if we can be of any help. Our prayers go out to each one of you and your families. Be safe!

Mark Nix, Executive Director, HBASC – 803-917-4846 (m) – mnix@hbaofsc.com
Marc Ellis – HBASC Disaster Preparedness Committe Chairman

You also may contact Michael Dey, HBA of Greenville CEO – mdey@hbaofgreenville.com – 803-917-1701 (m)

HBA Hurrican Harvey Relieve Efforts

Texans are fighting floodwaters rising to historic levels as Hurricane Harvey pounds the Lone Star State.

While the reports of damage and devastation in Houston, Victoria, Rockport, and other towns and cities continue to pour in, weather forecasts indicate that the disaster area will likely grow as the storm moves inland and swings toward Louisiana.

The National Association of Home Builders (NAHB) will be working closely with state and local home builder associations in the region to help them meet the needs of members who have been affected by the storm. NAHB also will provide resources to support HBA members as they help families rebuild.

There also are many ways you can help right now.  The Department of Homeland Security encourages donations to be funneled through the National Voluntary Organizations Involved in Disaster.

Donations also are being directed to Hurricane Harvey relief efforts by the Red Cross and Salvation Army via their websites and by texting UWFLOOD to 41444 to donate to the United Way Flood Relief Fund.

These Houston-area food banks are seeking donations to help feed families, while the Texas Diaper Bank is accepting donations to purchase diapers, formula and other needs for children, seniors and the disabled.

Programs such as Star of Hope Mission, Homeless Houston, and Samaritan’s Purse are also funneling contributions to disaster relief, while the SPCA and Austin Pets Alive are helping to house evacuated pets.

Other groups targeting the areas impacted by the hurricane include:

The Texas Association of Builders also has advised its members of the following resources for more information:

We know HBA members are anxious to help as much as they can. NAHB will be adding information to its Disaster Resources Page from time-to-time. 

Update: Disaster Relief Volunteer Opportunity

Update: Disaster Relief


We truly appreciate those who have already come forward to help our neighbors in Columbia. In light of their questions, we have more information regarding where to send donations and where volunteers should meet.

Donations
If you’d like to send a donation to assist BIA and HBA Members and their families, please make checks payable to Building Industry Charitable Foundation and send them to the following address:

Building Industry Charitable Foundation 
Attn: Earl McLeod 
625 Taylor St 
Columbia, SC 29201  
Volunteers
Members who would like to travel to Columbia to provide relief efforts directly to those suffering, please meet at Trenholm Road Methodist Church as they are coordinating with the families in greatest need. Any materials or trailers would be greatly appreciated. We are grateful for all of your help, and ask that you use caution when helping clean up after such a natural disaster. Please consult this document  which contains safety tips for the clean-up procedure in Columbia.

 
To: HBA Members

From: Michael Dey
Members have been asking me how they can help in Columbia and Charleston.  I have been in contact with my counterparts in both places and both are still assessing needs.  Charleston has experienced flooding like this before, and they seem to have a handle on their situation.  Our staff is helping them with public relations needs and they told me they would let me know what they need in terms of labor in a couple of days.
In Columbia, the obvious and immediate need is drinking water.  The Hilton Head HBA has organized a large shipment of water to the Columbia HBA for the members there.  And the Greater Greenville Association of Realtors is organizing a water caravan for Thursday.  If you would like to join that trip, or donate, please let me know and I will put you in touch with the Realtors Association.
In Columbia especially there are several HBA members and family who have been directly and tragically impacted by the flooding.  I know of several who have been evacuated from their homes, which are under water.  They are going to need a lot of help in terms of labor, material, and money.  I am working on the best route to handle money, so please standby on making a financial donation that would go directly to an HBA member in need.  
If you would like to donate your time, or your crews’ time, to travel to Columbia, please contact me.  I will work with the HBA in Columbia to match you up with members in need.  I will even act as a guide to help get you to the proper address.
And if you can donate materials, I would like to match you up with the members who want to travel to Columbia to volunteer.  
The HBA is a family, and our family members in Columbia, in particular, have some significant needs.  I was in Columbia for two days this past weekend, very near to the worst of the disaster along Gills Creek.  The pictures do not do it justice.  What happened there is tragic.  Two entire cities, Forest Acres and Acadia Lakes, are literally under water.  The recovery is going to be time and labor intensive.  If you can help, please volunteer.  I think the immediate need will be clean up and demolition.  Long term the Columbia HBA has let me know that they are going to need qualified trades to come in and help. 
Let’s help them out.  Please let me know what you can do, and when.

Michael

Riverwood Farm Fire Relief

This week a brush fire caused the destruction of four homes in Riverwood Farm in Greer.  Four families have been displaced, including one that just moved into their home a few days earlier with four children under the age of five.

The Riverwood Farm Fire Fund has been established at Bank of America to assist the affected families.  You also may purchase a gift card for the families and deliver it to the Cothran Company, which is assisting the families.  Donations from Bed Bath and Beyond, Babies R Us, Dillard’s, Belk’s, Target, Walmart, or a Visa or Mastercard gift card are suggested.

For further information, contact

Pete Kellos
Cothran Company, LLC
420 The Parkway, Suite E, Greer, SC, 29650
(mail to P.O. Box 27049, Greenville, SC 29616)
864-250-0828