Washington Suburban Sanitary Commission – Service Charges PG/MC 112-18 – HB0409
Authorized WSSC to create separate water and sewer rates and connection charges based on property type.
NAIOP Position: Opposed
Final Status: Failed in House Committee
Corporations – Limited Liability Companies – Member-Trustees – Establishment – SB0070
Required members of LLCs become “member trustees” and take on duties and liabilities in the event the LLC forfeited its charter.
NAIOP Position: Opposed
Final Status: Failed in Senate Committee
Labor and Employment – General Contractor Liability for Unpaid Wages – SB0853
Makes General Contractor liable for unpaid wages to the employees of subcontractors.
NAIOP Position: Opposed
Final Status: Passed House and Senate
Real Property – Construction Contracts – Retention Proceeds – HB1627
Lowered to $100,000 the value of contracts subject to 5% limitation on the retention of proceeds when 100% performance guarantee is posted. Required payment of undisputed retention within 90 days of substantial completion.
NAIOP Position: Opposed
Final Status: Failed in Senate Committee
Land Use – Public Nuisance – Surety Bond Requirement (Developer Accountability Act) – HB0234
Required posting of bond by owners of “nuisance” properties. Extended liability to silent partners, children, relatives and partners in unrelated business entities.
NAIOP Position: Opposed
Final Status: Failed in House Committee
Land Use – Development Rights and Responsibilities Agreements – Enhanced Public Benefits – HB1390
Required “enhanced” public benefits as part of a Development Right and Responsibilities Agreement. (DRRA) Defined “enhanced” public benefit in a way that would invalidate current DRRAs, limited future agreements to zoning only, allowed reopening of the agreement without cause at any time after it was signed making DRRAs provide weaker vesting than conventionally approved development projects.
NAIOP Position: Opposed
Final Status: Failed in Senate Committee
Prevailing Wage – Tax Increment Financing Developments – Application – SB0278 / HB0546
Allows local governments, at their discretion, to apply prevailing wage rates to contracts under a Tax Increment Financing (TIF) agreement of $500k or more in value. NAIOP opposed based on the substantial differences between a TIF and state funded and managed public infrastructure projects that sometimes adopt the prevailing wage rate. Bill passed with amendment exempting TIFs approved prior to July 1, 2018.
NAIOP Position: Opposed
Final Status: Passed House and Senate
State Highway Administration – Access to State Highways – Consideration of Pedestrian, Bicycle, and Public Transportation Activity – HB1380
Required traffic impact studies and permits to work in the state road right of way, include the study and creation new or expanded bicycle and pedestrian infrastructure.
NAIOP Position: Opposed
Final Status: Failed in House Committee
Constitutional Amendment – Right to Healthy Environment and Communities – SB0873
Established constitutional rights to clean air, pure water, and an environment free of conditions that can degrade the scenic, historic and aesthetic values of the environment. Anyone meeting the definition of federal standing was granted the right to enforce these rights through a legal proceeding or intervene in an enforcement action of a state or local agency.
NAIOP Position: Opposed
Final Status: Failed in Senate Committee