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

by | Sep 25, 2017 | Uncategorized

(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).

Debunking the Myth that Immigration Harms America

by | Mar 17, 2015 | Uncategorized

The National Association of Home Builders and a group of 18 other trade associations representing business leaders and millions of employers across the nation today submitted written testimony refuting the myth that immigration hurts American workers and the economy during a Senate Judiciary Committee hearing examining this topic.

Separating truth from fiction, the business coalition debunked the following falsehoods:

Myth: Lowering the number of immigrants would free up jobs for American workers.
Fact: Immigration helps create jobs for American workers

Myth: Foreign workers take one in five jobs in America.
Fact: Americans fill more than 91% of all jobs in America.

Myth: Lesser-skilled immigrants take jobs away from Americans without college degrees.
Fact: The data show that immigration does not negatively impact American workers without college degrees. In fact, lesser-skilled immigrants create jobs for Americans and grow crucial sectors of our economy.

Employment projects for 2012-2022 by the U.S. Bureau of Labor Statistics show that the construction sector is expected to grow by more than 20%, nearly double the overall national average.

“Indeed, some sectors have seen rising labor shortages, presenting significant industry challenges,” the group’s written testimony stated. “For example, the number of open construction sector jobs as of December 2014 (147,000) stands post-recession highs, and the job open rate exceeds that prior to the housing boom. Lesser-skilled immigrants help to fill labor shortages in these industries, creating jobs for Americans and helping those industries grow.”

As the debate on Capitol Hill continues, your Home Builders Association is urging lawmakers to support comprehensive immigration reform that will:

  • Safeguard our borders;
  • Establish a fair employment verification system; and
  • Create a market-based visa system that will allow more immigrants to legally enter the construction workforce as the housing industry gains momentum and the demand for workers increases.

View the complete written testimony here.

New rules for E-Verify are effective September 9

by | Sep 13, 2013 | Uncategorized

The new Form I-9 document (expiration date March 31, 2016) used to verify the identity and work authorization of all new hires includes an optional entry line for employees to provide their email addresses. The voluntary electronic verification program, E-Verify, which can be used in addition to, but not replace the Form I-9 process, has a new data field that asks for the employee’s email address. When the employee provides an email address on Form I-9, employers who use E-Verify are required to enter it into E-Verify. In the event of an information mismatch, E-Verify will now send e-mail notifications to those employees. This new email notification does not replace the current process. Employers are still required to notify employees of the mismatch and their right to contest.

Effective Sept. 9, E-Verify has combined the Tentative Nonconfirmation (TNC) Notice and Referral Letter into the new Further Action Notice, which appears when an employee receives a TNC. The employer must select the language of the notice (English or Spanish), print and give the notice to the employee. The Further Action Notice explains the reason for the TNC and the employee’s right to contest it.

If the employee decides to contest the TNC, the employer must print and issue the new Referral Date Confirmation Notice that informs the employee of the date by which they must initiate contact Department of Homeland Security (DHS) or the Social Security Administration (SSA) to begin resolving the TNC. For employees who have provided email addresses, E-Verify will also provide an e-mail notice informing the employee of the date by which contact must be initiated with DHS or SSA to resolve the TNC.

When first accessing E-Verify after Sept. 9, 2013, E-Verify users must complete a short tutorial and knowledge check about these changes.

NAHB: LEGAL immigration is part of the solution

by | Jun 28, 2013 | Uncategorized

You may have received communication from NAHB in recent days in which NAHB asks for your help in supporting comprehensive immigration reform.

NAHB’s objective is to address the immigration problem that has resulted in millions of illegal immigrants in our country while denying home builders, as well as many other businesses, sufficient access to immigrant workers with status to work legally in our country.

Many unscrupulous contractors flaunt the law and hire illegal immigrants to work on their projects, giving them an unfair competitive advantage until they are ultimately caught.  This has resulted in millions of illegal immigrants in our country, and Congress’ reaction has been to limit legal immigration.  Ultimately, the problem is not solved and people continue to pour into our country illegally.

NAHB’s objective is to level the playing field and make the necessary number of immigrant laborers legally available to home builders.  By doing so, the unscrupulous contractors will lose their advantage.  In addition, comprehensive reform will take away the incentive they have to violate the law by allowing them to meet their labor needs legally.

NAHB’s communication has made the following points to our members of Congress:

  • Labor shortages are harming home builders, hurting consumers and slowing the housing recovery.
  • Home builders are experiencing delays in completing homes, and in some cases have had to cancel projects due to a shortage of workers.
  • These delays and production bottlenecks are increasing the cost of building a home, which in turn is raising costs for home buyers.
  • To fix our labor shortages, Congress must create a program that would allow more immigrants to legally enter the construction workforce when home builders can’t find American workers to fill the jobs that are needed.

To read NAHB’s complete talking points, click here.

The objective is simple: recognize that home builders need to hire immigrant laborers from time-to-time, just like many other industries.  Sometimes immigrant labor has a specialized skill not readily available from domestic labor.  Sometimes home builders just need more people.  Either way, immigration policy should recognize this need and accommodate it.

If you agree, contact your member of Congress and tell him or her to support comprehensive immigration reform.

New I-9 Form Must be Used After May 7

by | Apr 19, 2013 | Uncategorized

Federal law places an affirmative duty on employers to verify the identity and work authorization of all newly hired persons through completion of the Employment Eligibility Verification Form I-9 within three business days after the individual is hired. The U.S. Citizenship and Immigration Services (USCIS) agency has issued a new Form I-9 for Employment Eligibility Verification. This new form is available for immediate use, but employers may continue to use the previous version (original expiration date 8/31/12) until May 7, 2013.

After May 7, 2013, all employers must use only the newly revised Form I-9 (expiration date 3/31/2016) for each new employee hired, or be subject to a civil penalty if audited. Be advised that the new form requires additional data, and expands the form from one page to two. Employers are encouraged to familiarize themselves with the new format and instructions. The USCIS is conducting several free I-9 webinars throughout the month to provide answers to any questions NAHB members may have about the new form. Download the new form and instructions at: www.uscis.gov/files/form/i-9.pdf.