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NAHB Legal Win Means All PPP Loans to Members Can be Forgiven

In a case brought by NAHB and Michigan builders, a federal court ruled that all NAHB members who received Paycheck Protection Program (PPP) loans can have their loans forgiven regardless of whether the loans were made in contravention of the Small Business Administration’s (SBA) eligibility rules.

Is it to good to be true?

BAM has talked directly with the NAHB legal team, and the ruling applies to all NAHB members, not just those in Michigan. Your 3-in-1 membership with BAM, your local HBA and NAHB is saving you big!

What’s next?

Contact your loan originator/ bank to file the necessary paperwork for forgiveness. All monies from the PPP loans must have been used for necessary expenses as outlined in the original program (payroll expenditures, mortgage/ rent payments, business expenses, supplier costs, etc.)

Questions?

Contact NAHB at legalaffairs@nahb.org or the BAM team at info@bamn.org/ 651-646-7959

 

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2021 Legislative Session Report

It took an incomplete Regular Session, then a Special Session in June, but the Republican-controlled Senate and the Democratic-controlled House completed their work sending a $52b budget to Governor Walz, narrowly avoiding a shutdown.

BAM had another successful session. Like everyone, we had to adapt our advocacy to navigate the challenges of a largely remote/hybrid session. Our April 14th “virtual” Day at the Capitol, BAM Priorities letters, bipartisan local relationships, many Zoom lobbying meetings, and even legislator cell numbers were more critical than ever.

Special thanks to Chair Keith Kylmala for convening and leading BAM’s Government Relations committee. We thank all our members whose expertise and advocacy are key to BAM’s success.

Find out more on BAM wins and other law changes relevant to the home building & remodeling industry from the 2021 Session & Special Session.

CLICK HERE to read the 2021 Legislative Session Report.

From the desk of Howard Zetah …

March 19, 2020
The Honorable Tim Walz
130 State Capitol
75 Rev Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

Nancy Leppink
Commissioner
Department of Labor and Industry

Dear Governor Walz:
First and foremost we would like to express that we stand with you and other public officials as you begin to implement appropriate measures toward containing COVID-19. We are grateful that you are doing everything in your power to minimize that devastating impact across all industries and social activities. We understand these are unprecedented times and we are eager to find an innovative solution during this unsettling period in our State’s history.

As a representative of nearly 2,000 residential builders who employ 45,000 workers across Minnesota, our builders primarily work on borrowed money and interest that must be paid regardless of a work stoppage. Not only are we looking for the workers’ interests, but also the thousands of homeowners who rely on this work to quickly and efficiently move into their homes.

Like many other industries, this virus outbreak poses an all too familiar threat of economic disaster for the residential construction industry. With an ominous job market looming resulting from whispers of a likely recession, keeping 65,000 Minnesotans employed is the second most important action at this moment. As states and cities across the nation begin to limit interaction with the public we ask that officials be aware of the unique impact felt by the residential construction industry, some of the challenges and concerns include: permit hearings, building inspections, access to land records, and ability to record deeds and mortgages. Fortunately, there is an option that could allow us all to move forward safely and proactively.

As of March 16, 2020, Emergency Executive Order 20-01 (“Executive Order”) and the declaration of a peacetime emergency became effective as a response to the COVID-19 pandemic. The Executive Order states that “Minnesota has taken proactive steps to ensure that we are ahead of the curve on COVID-19 prevention and response.” One such proactive step that would curtail the effects of COVID-19 is by ensuring that individuals have the ability leave their residence to provide any services or perform any work necessary to the operations and maintenance of residential infrastructure, including, permitting, inspection, construction, transferring and recording of ownership of housing. Minnesota Statutes 2019, section 12.21, subdivision 3 (10). Allows the Governor to “alter or adjust by executive order, without complying with sections 14.01 to 14.69, the working hours, workdays and workweek of, and annual and sick leave provisions and payroll laws regarding all state employees in the executive branch as the governor deems necessary to minimize the impact of the disaster or emergency, conforming the alterations or adjustments to existing state laws, rules, and collective bargaining agreements to the extent practicable.” This statute gives you the authority to allow this vitally important industry to continue operations.

Our immediate concern is to abide by the restrictions set forth by the CDC. Specifically, meeting the social distancing requirements and limiting group gathering sizes to fewer than ten people. Construction, by nature, is a practice of social distancing because most projects have workers dispersed on tasks located more than 6 feet apart. Our organization is eager to partner with local government agencies to ensure that permit reviews, inspections and construction are carried out on time while still satisfying the local jurisdiction’s need to protect the health, safety, and wellbeing of their staff and the community at large. Some suggestions on how to accomplish this goal would be contracting with other jurisdictions that may be unable to perform the inspections, contracting a licensed building inspector to be designated by the Department of Labor and Industry, and contacting the Department of Labor and Industry to determine if they have inspection resources available to perform the inspection.

We appreciated the time taken to review this letter. Respectfully, request that you consider residential construction an essential service, so that individuals may continue to provide any services or perform any work necessary to the operations and maintenance of Minnesota’s infrastructure, including permitting, inspection, construction, and transferring and recording of deeds.

Respectfully,

Howard Zetah
BAM President