The Department of Labor and Industries (L&I) response affirmed AWC's petition to initiate emergency rulemaking regarding prevailing wage for landscape maintenance.

SB 5493, passed during the 2018 session, required L&I to establish the prevailing wage rate based on collective bargaining agreements, where possible. The new method has created significant spikes in prevailing wages for landscape maintenance because they are lumped into the job classification for landscape construction (WAC 269-127-01346).

AWC has been talking to other stakeholders and L&I about possible solutions, including creating a new scope of work specific to landscape maintenance that is distinct from landscape construction. The separation would allow L&I to relook at the wage rates for the new classification separately from construction work which would likely result in a lower rate.

The petition for emergency rulemaking asks L&I to create a new landscape maintenance specific scope of work that will separate that kind of work for the higher classification of landscape construction. AWC worked in partnership with the Building and Construction Trades Council to craft a proposed scope of work for landscape maintenance for L&I to consider.

The proposed scope shared with L&I:

1. Landscape maintenance includes:
   1. Mowing, weeding, and maintaining of lawns, yards, gardens, athletic fields, golf courses, parks, trails, or other previously landscaped surfaces.
      1. Including incidental hauling of top soil, plants, or other landscaping materials in trucks with only one rear axle.
      2. Maintenance may also include but not be limited to reseeding, resodding or rehydroseeding, replanting, top dressing, aerification, and applying chemicals, fertilizers, and soil amendments.
         1. Rehydroseeding shall not include large top mounted delivery system application exceeding 100 gallons.
      3. Including pruning, trimming, mulching, and composting.
   2. Use of power equipment with less than 20 horsepower, and hand tools such as line trimmers, edgers, mowers, and leaf and snow blowers. Use of riding mowers not to exceed 50 horsepower.
   3. Irrigation system repair and maintenance on existing systems.
   4. Storm drain and catch pond maintenance including minor debris removal and clearing of drain grates.

L&I will be filing emergency rulemaking and a pre-proposal statement of inquiry on or before March 11, 2019.