by Phil Crone, Director of Government Affairs and Green Building Programs

A few weeks ago, I wrote that the North Texas Municipal Water District is considering a move to Stage 4 water restrictions (their highest contemplated level). Such a move would have a significant impact on the 1 million customers that get their water from cities that the District serves.

In furtherance of Stage 4 restrictions, a city may prohibit the irrigation of new landscaping using treated water, prohibit permitting of private pools, and initiate a rate surcharge for water use that exceeds normal rates according to the District’s Model Drought Contingency Plan. The plan, which was finalized in 2008, contains model ordinances for cities to adopt. Cities served by the District include Allen, Frisco, Garland, McKinney, Mesquite, Plano, Richardson, Rockwall and Wylie.

With the possible move to Stage 4 on the District’s Jan. 26 agenda, Mother Nature came to the rescue (unconfirmed rumors say that it was actually Jerry Carter’s rain dance that caused the heavens to cry uncontrollably). Whatever it was, it sure made a difference. However, there is still a chance that the coming months leave us high and dry once more.

The recent rain dropped between 4 and 5 inches on nearly all of the area, raising lake levels from 3 to 5 feet and replenishing about 10 percent of capacity in most places. In fact, Lake Grapevine, Lake Arlington and Joe Pool Lake are now completely full! Lewisville Lake and Lake Ray Hubbard are almost 90 percent there. While that is great news for others around the area, Lake Lavon is the one to watch for those served by the North Texas Municipal Water District (NTMWD). Although Lavon was raised 3 feet and replenished more than 10 percent of its capacity, it remains only about 64% full (its highest level since Aug. 20).

If you’re still reading this you’re probably asking why Lavon is still so low. That’s because this water restrictions issue has as much to do with zebra mussels as it does with the lack of rain. For some time now, the NTMWD has been fighting with one hand tied behind their back. Zebra mussels have rendered their secondary water source, Lake Texoma, off limits. This is why the NTMWD is on Stage 3 while other areas like the City of Dallas are only on Stage 1.

Zebra mussels are an invasive species that infiltrated the Great Lakes by way of ships from Europe. Far away from their natural predators, they have ferociously reproduced and wreaked havoc on the ecosystem of just about every lake they make their way into. As Dan Patrick used to say, “You can’t stop them; you can only hope to contain them.” That’s precisely what the federal government is doing by preventing the NTMWD from using its secondary supply of water.

Not knowing what Mother Nature (or Jerry Carter) has in store for us, we need to plan for the worst and hope for the best while gathering the facts that will help policy-makers make educated decisions on how to encourage water conservation. Instead of preventing the installation of new landscaping (and possibly new homes), builders can utilize drought-tolerant turf such as Bermuda or Zoysia. Although a couple weeks of watering is needed for the turf to take hold, it will emerge intact after long periods with no water. The right turf, combined with native plants, can cut a home’s water use in half. Moreover, the newer fixtures and plumbing layouts in today’s homes are up to 30 percent more efficient than typical existing homes.

Just like with energy, the smart money on water conservation lies in existing homes and buildings. The blueprints for successful municipal initiatives are all over the nation. Cary, NC, a fast-growing Charlotte suburb, reduced its retail water production by 16 percent through measures such as adding rain sensors to existing irrigation systems, providing free audits to assess water savings strategies with residents and public awareness campaigns. Closer to home, Dallas has had a great deal of success with its New Throne for Your Home program. As the name suggests, Dallas Water Utilities customers get a rebate voucher to obtain a low-flow toilet. The program saves the city 158 million gallons of water annually.

With the right information and proven strategies, we can do our part to overcome the zebra mussel drought. A little rain dance every now and then won’t hurt either. Thanks, Jerry!

The changes reduce by 25% to 30% some of the design values for No.2 2x4s, effective June 1, ALSC’s decision said.

The decision marks a milestone in an almost three-month battle in which opponents of the plan, which included dealers, builders, and component manufacturers, voiced concerns over what it could do to the industry and fought against the process by which it came about. Dealers fear the changes in design values could affect the costs of projects by requiring more materials and could force customers to alter or cancel projects due to costs further hurting a weak industry.

Read full article at BuilderOnline.com

Managing your communications preferences has never been easier.  Enter your email address below and click “Go”. You will receive a confirmation email which contains a link to your communications profile.  Simply check the box beside those HBA departments you would like to hear from.

Sign up for or manage your HBA email notices today!  

Mr. Castillo mentioned that there has been a directive for his regional office for FLSA compliance. As such, emphasis will be on overtime pay, minimum wage, and notice requirements. Also, the economic reality of if independent contractors are actually operating as such.

A press release will likely accompany enforcement that is set to “begin soon.”

More informaton on the Fair Labor Standards Act and what is needed to comply can be found on the Department of Labor’s website.

Our friends at Construction Monitor have released the final DFW area permit figures (linked below) for 2011. DFW builders completed a strong year with 12,433 single family permits and 3,500 remodeling permits valued at or more than $20,000.

Despite the national press touting the decline in new home construction and sales, residential construction has contributed more than $3.7 billion to the North Texas economy; proving that even in the midst of a historic national recession, residential construction remains a vital economic driver for our region.

Construction Monitor 2011 DFW Permit Info 

Speaking before the Board of Review, Barry noted that immediate approval and implementation of the proposed changes would cause chaos in the marketplace and result in an unjustified spike in lumber prices. He requested that the ALSC Board not approve any change to the existing design values until SPIB has completed testing of additional grades and sizes of Southern Pine lumber as required by ASTM D1990, the industry standard for establishing design values for visually graded lumber. NAHB also requested that the ALSC Board establish an implementation process, if and when the need for the change is properly demonstrated, that provides adequate time for the home building industry to transition to new design values. Barry’s testimony followed up on a letter in which NAHB submitted written comments to the ALSC Board detailing other technical, implementation, and process concerns with the SPIB proposal on Dec. 22.

Ultimately, the ALSC Board decided not to take any action at its Jan. 5 meeting, and attendees were told at the outset that there is no set schedule for acting on the SPIB proposal. Via this report, NAHB will notify our members as soon as possible when the Board announces its decision. For more information on this issue, contact Gary Ehrlich (800-368-5242 x8545).

The following analysis was received courtesy of ProBuild:

January 6, 2012

Update On Proposed Southern Pine Lumber Values

The ALSC Board of Review public hearing on new Southern Pine values concluded Thursday. Builders/NAHB, lumber producers, CM’s, SFPA and independent academicians are in agreement that ALSC should not act on the SPIB recommendation to approve significantly lower southern pine visually graded lumber values.

Consensus opinion seems to indicate:

• All depths should be tested first (only 2×4 tested to date) before any new values are established so that the changes would occur only once.

• A reasonable transition period be mandated to insure implementation without significant market confusion.

• Any publication of values without an ALSC/SPIB prescribed implementation timeframe is a hard trigger which leads to immediate adoption by the engineering community and will likely create market chaos and confusion, leading to a costly and unproductive duplication of engineering work.

• ASTM D1990 procedures to establish lumber design values have not been followed properly and the procedures may not be appropriate for the current lumber resource.

• There are no life safety issues compelling a rush to establish new values. No increased instances of lumber failures in the field.

• The process of establishing new values requires more transparency and broader involvement.

• Support for the recommendations presented as a result of the recent Southern Pine Design Value Forum facilitated by the Southern Forest Products Association.

SPIB is not backing off its requested reductions and although ALSC did not clearly express their thinking, it is certainly possible that they will affirm the recommended reductions.

We will report on ALSC actions through a similar communication to you when information becomes available, which could be today or next week.

The requirement was to go in effect on Jan. 31, 2012, but at least three lawsuits have been filed seeking to block the posting requirement — including one by the U.S. Chamber of Commerce. A federal court in Washington, D.C., has delayed its implementation until after hearing legal challenges to the new rule.

Please see the below statement from NAHB regarding this new regulation. Additionally, the National Labor Relations Board has information about the new requirements on their website.

NAHB: Builders, Remodelers Required to Notify Employees of Collective Bargaining Rights

Beginning on Jan. 31, home builders, remodelers and other businesses with more than $500,000 in annual gross business volume will be required to post an official notice advising employees of their collective bargaining rights under the National Labor Relations Act.

The law applies to all companies – including those in right-to-work states or with no employees belonging to a union – that meet the gross business volume threshold.

According to the National Labor Relations Board (NLRB), the notice must be 11 inches by 17 inches and displayed in a conspicuous location – such as a break room or other location for employee news – where other notifications of workplace rights and employer rules and policies are posted.

Companies can download instructions and notification posters, available in more than 20 languages, from the NLRB website.

Since 1935, private sector employees have had the right to form or support a union and to take collective action regarding their wages, hours and working conditions. Implementation of the final rule to post National Labor Relations Act rights clarifies what employers are required to inform their workers.

Companies that do not prominently post the required signs as of Jan. 31 can be found in violation of unfair labor practices law.

Complete information about the requirements is available on the NLRB website.

For more information, email David Crump, NAHB’s director of legal research, or call him at 800-368-5242 x8491.

In furtherance of Stage 4 restrictions, a city may prohibit the irrigation of new landscaping using treated water, prohibit permitting of private pools, and initiate a rate surcharge for water use that exceeds normal rates according to the District’s Model Drought Contingency Plan. The plan, which was finalized in 2008, contains model ordinances for cities to adopt.

Cities served by the District include Allen, Frisco, Garland, McKinney, Mesquite, Plano, Richardson, Rockwall and Wylie. The HBA will follow this issue closely, will inform members of any forthcoming restrictions, and will work to mitigate the impact on new residential construction activities in these areas.

Read more articles regarding the potential move to Stage 4 drought restrictions:

Dallas Morning News

NBC 5 DFW