Legislative Update - May

The Ohio legislature continues to race to the finish line (summer recess) as they debate the Industrial Commission Budget, BWC Budget and the State Operating Budget. Although they are focused on passing these three budgets, the legislature continues to pass legislation related to COVID relief and rolling back the Governor’s power on emergency health orders. At the County level, our local elected officials stay committed to enact legislation regarding diversity and equity.

CEA Supported Prompt Pay Bill For Contractors Passes Out of Committee

HB 68 was reported out the House Commerce and Labor Committee this week unanimously by a vote of 12-0. Sponsored by Rep. Jon Cross and Rep. Bride Rose Sweeney the legislation requires private sector owners of construction projects to provide payment to the prime contractors no more than 30 days after the prime contractor provides final invoices to the owners. CEA has worked to educate members on the importance of prompt pay and provided proponent testimony to the committee on this legislation. We appreciate local Representatives Gayle Manning, Monique Smith, Juanita Brent, Bill Roemer, and Dick Stein voting in favor of the bill. HB 68 will now go the House floor for a vote.

Force Account Debate Continues In The Ohio Legislature

As reported in earlier legislative updates, during the debate on the Transportation Budget, the Senate attempted to considerably raise force accounts limits. However, with work by CEA and others in the construction industry, we were successful in making sure modest changes were made. One provision that was included in the recent enacted bill, was the formation of a study committee on force accounts. The committee is in the process of taking testimony and will make a recommendation to the legislature if more changes are warranted. This must be done by May 15th. The Force Account Committee has had three hearings and testimony has been heard from local government officials and county engineers to raise force account amounts. In the most recent hearing, CEA and other construction groups submitted testimony about the perils of raising thresholds as it eliminates the competitive bidding process, takes skilled private sector workers off jobs, and impedes growth of small and medium sized businesses along with a host of other problems. As the committee concludes its work, CEA will continue to engage legislators reminding them that well trained private sector companies and labor are what grows Ohio business not more work that goes to local governments in house.

Cuyahoga County Council Committees Pass Equity Bills

Three bills introduced by Executive Budish have passed out of county committees and will now go to full County Council for second reading likely next week. O2021-0006: An Ordinance to identify the responsibilities of the Department of Purchasing was passed unanimously by the Public Works Procurement & Contracting Committee. The Human Resources, Appointments & Equity Committee voted unanimously to send O2021-0007: An Ordinance establishing a Department of Equity and Inclusion to enhance equity both within County government and throughout the community of Cuyahoga County to full Council. Basically, these two ordinances split the existing Office of Procurement and Diversity into two agencies the Department of Purchasing and a new Department of Equity and Inclusion. A third piece of legislation O2021-0008: simply changed the county code sections to reflect these changes above.

Cleveland Mayor’s Race

Mayor Frank Jackson has announced he will not be running for another term.

Ohio House Committee Reviews Legislation to Clarify Stream Definitions and Continue Sensible Construction

HB 175 (Rep. Brett Hillyer), if enacted, would deregulate certain ephemeral water features and clarify the question: What can the government regulate and to what extent? Currently, the Ohio EPA regulates ephemeral streams. Ohio has fee structure in place of $5.00 a foot or $250 for the project, whichever is greater in regard to ephemeral stream work. According to the sponsor, this can quickly add up and could cost $10,000- $40,000 a project to developers and consumers. Rep. Hillyer contends the Ohio EPA should encourage entities involved with land development to have their professional engineers use watershed storage mechanisms known as best management practices (BMPs) to increase storability in the watersheds during a rain event. In testimony, he stated, “The legislature can eliminate this bureaucracy by following the actions taken at the federal level and removing ephemeral streams from the definition of Waters of the State.” The bill would make amendments to Ohio law to make clear ephemeral features would no longer be considered a water of the state. This would make Ohio’s regulations more consistent with federal regulations. HB 175 is being heard before the Ohio House Agriculture and Conservation Committee where it has received two hearings.