Contact:
Master Builders Association of King and Snohomish Counties
p 425.478.7453
pr@mbaks.com

FOR IMMEDIATE RELEASE

INITIATIVE 24-03 CHALLENGED IN COURT ON LEGAL, COMMUNITY CONCERNS

Local initiative authorizes lawsuits for damages against any party that impacts Snohomish River Watershed, with lessened burdens of proof; requires City of Everett to complete undefined restoration activities with monetary judgments.

State Supreme Court precedent illustrates that the initiative falls outside of the scope of local initiative powers, as demonstrated by the Court invalidating a similar initiative passed in Spokane in 2016.

In filing the complaint, home builders and other local businesses underscored the importance of existing environmental laws to protect water quality in our region.

EVERETT, Wash., January 28, 2025–Today the Master Builders Association of King and Snohomish Counties, along with additional local businesses operating in Everett and Snohomish County, filed a complaint in Snohomish County Superior Court challenging the constitutionality of Initiative 24-03. The basis of the complaint is that the initiative’s scope falls outside of the legal parameters set for local initiatives in Washington State. A similar initiative passed in Spokane was invalidated by the State Supreme Court. The coalition of Plaintiffs that filed the complaint share the desire of Everett voters to protect our region’s waterways and green spaces. This is why they are proud to adhere to the strict requirements set by local and state agencies to protect water quality in our region, in addition to advancing other environmental stewardship measures under their respective corporate policies.

In 2016, the State Supreme Court found in Spokane Entrepreneurial Ctr. v. Spokane Moves to Amend the Constitution that initiatives such as I 24-03 fall outside the scope of local initiative powers. A member of the legal team that successfully argued for the plaintiffs in that case is serving as lead counsel on this complaint, Rob Maguire of Davis Wright Tremaine LLP.

“Washington Courts have consistently rejected local initiatives seeking to change water use or regulation as beyond the scope of the local initiative power,” said Mr. Maguire. “Like the Spokane initiative that was unanimously struck down by our State Supreme Court, the Everett initiative seeks to change water use regulations over the Snohomish River Watershed, including its tributaries. It goes far beyond the scope of the local initiative power because it conflicts with federal and state law, and is unconstitutionally vague. We are therefore asking the court to invalidate the initiative and enter an injunction preventing the unlawful measure from being enacted or enforced.”

Clayton Graham, a land use lawyer at Davis Wright Tremaine and co-counsel to the Plaintiffs, noted that “[t]he Initiative, if enacted and enforced, would leave owners, users, and developers of property in Everett in a lurch; given the possibility of damages suits for activities that have virtually any impact—no matter how minor or indirect—on the Snohomish River Watershed.” Mr. Graham noted concerns about the “chilling effect” these liability provisions could have on development in the City, which is already subject federal, state, and local regulations intended to protect water quality.

“As homebuilders, our members are proud of their role in upholding our community’s investments and expectations for protecting the environment that we all share,” said Jerry Hall, executive director of the Master Builders Association of King and Snohomish Counties. “We cannot afford for the existing environmental regulations enforced by state and local jurisdictions to be undermined by the type of local initiative that our State Supreme Court has already found to be illegal. We are challenging this initiative in court so that local homebuilding may continue to help mitigate our region’s affordability crisis while new housing is built in accordance with existing, rigorous environmental protections. Furthermore, to the extent the initiative adversely affects housing construction and local businesses, it will inhibit the city of Everett’s efforts to accommodate the 20-year projections it is required to plan for under the Growth Management Act.”

“Our members operate under strict and appropriate regulatory oversight to ensure that their business operations are in alignment with our state’s values of environmental stewardship,” said Cory LeeAnn Shaw, executive director of the Washington Aggregates & Concrete Association. “Unfortunately, this illegal initiative runs counter to the existing environmental protections that require regular monitoring, permitting and compliance.”

Under the laws governing local initiatives, City of Everett officials acted in accordance with their obligations to put Initiative 24.03 before voters once the required number of signatures had been verified. Under the law, whether the content of the initiative complies with local initiative powers is not a factor in determining if it may be placed before voters. As a result, the initiative appeared on the ballot in Everett and following the election, plaintiffs are now asking Snohomish County Superior Court to intervene so that an unconstitutional initiative does not proceed further.

 Read the the full complaint here.

About MBAKS

The Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders association, helping to make home happen since 1909. 

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Contact:
Stephanie Giralmo, Public Relations & Media Manager
Master Builders Association of King and Snohomish Counties
p 425.457.7067

FOR IMMEDIATE RELEASE

MBAKS Announces 2022 Award Winners

Dec. 1, 2022—The Master Builders Association of King and Snohomish Counties (MBAKS) announced the prestigious 2022 award winners at its annual year-end gala on Thursday, December 1.

Each year, MBAKS recognizes members in various categories, including: Spirit of Service, Emerging Leader, Moving the Market, Associate of the Year, Exceptional Service, Remodeler of the Year, GRIP on Safety Excellence Award, Builder of the Year, and the MBAKS Hall of Fame Award. Winners are decided through an open member nomination and awards committee process. With more than 2,600 member companies, MBAKS is the largest home builders association in the country, making these award winners all the more esteemed.

Here are 2022’s winners:

Trevor Johnson, Blackwood Builders Group

Spirit of Service Award

The Spirit of Service Award recognizes an individual or company in the homebuilding industry that has demonstrated compassion and dedication through service. Volunteering time, talent, or ideas that empower or improve the quality of life of individuals, families, or groups in our community.

Trevor Johnson is a champion for housing, and it shows through his volunteer work with MBAKS and beyond. He has demonstrated his commitment throughout the years by supporting Rampathon and various other community organizations like WELD Seattle, Seattle Children’s Hospital, DwellingsNow and New Beginnings.

Leo Speaks, Integrity Marketing Services

Emerging Leader Award

The Emerging Leader Award recognizes up-and-coming members who have made significant contributions to MBAKS and the homebuilding industry. In addition, they demonstrate tremendous potential for future leadership and service.

Leo Speaks is the 2022 Chair of MBAKS’ Sales and Marketing Council (SMC). His marketing expertise has helped SMC develop valuable content for SMC events, as well as improve the way they are promoted. His energy, enthusiasm, and creativity has made a positive impact on MBAKS.

Vitaliy Gutsalo, Greencity Development LLC

Moving the Market Award, Built Green

The Master Builders Association of King and Snohomish Counties created the Built Green program to provide consumers with an easy-to-understand rating system for identifying projects built using environmentally friendly materials and practices.

The Moving the Market Award recognizes a person, business, or government entity that has taken actions or implemented programs that advance and expand Built Green certification, promote Built Green as a brand, and demonstrate a commitment to environmental stewardship.

Vitaliy Gutsalo and Greencity Development LLC has certified 177 4-star single-family townhomes in Seattle and Shoreline since 2019. Their homes feature energy efficient designs and performance, infill developments in walkable transit-rich neighborhoods, attention to indoor air quality, and locally sourced materials.

George Newman, Barghausen Consulting Engineers, Inc.

Associate of the Year

The Associate of the Year award is dedicated to non-builder MBAKS members who have made an impact on the association and its work.

George Newman has 30 years of experience working in agency management, business development, land use planning and land development consulting. He is the past chair of MBAKS’ Developer Builder Issues Council and regularly participates in the Residential Builders Council meetings and the Housing Policy Committee.

Traci Tenhulzen, Tenhulzen Residential

Exceptional Service Award

The Exceptional Service award is given to an individual who makes an outstanding contribution to the building industry and has a long-term commitment to serving their community.

Traci Tenhulzen is the incoming 2023 MBAKS Board President and has always been incredibly committed to the success of the association and its members. She is equally dedicated to the Building Industry Association of Washington and National Association of Home Builders at the state and national levels.

Melissa Irons, Irons Brothers Construction

Remodeler of the Year

The Remodeler of the Year award is presented to leaders in the remodeling industry, who display an exemplary talent in their work.

Melissa Irons of Irons Brothers Construction has been a trusted remodeling contractor in the Seattle area since 1999. She is an active member of MBAKS and its councils and has held many leadership roles within those councils. Irons Brothers Construction was also the recipient of the 2022 REX Kitchen Excellence, More Than $145,000 Award.

Northstar Electrical

GRIP on Safety Excellence Award - Gold Level

The GRIP on Safety Excellence Award – Gold Level recognizes candidates with following criteria; candidates must have a recordable incident rate of 25% below the state industry average in the current year, have had no L&I workplace serious citations or serious injuries resulting in in-patient hospitalization over the past three years, submit an application form with a self-assessment score of 90% and must objectively demonstrate through employee interviews, site visits and document reviews that their safety program meets or exceeds performance goals identified on application form.

Owner of Northstar Electrical, Rob Kingsley, is actively involved in safety programming, allocating safety resources, conducting onsite job walks-through, and recognizing employees for good safety behaviors. Northstar Electrical currently has a Total Recordable Incident Rate (TRIR) and Days Away, Restricted, Transfer rate (DART) which is 25% below the state industry average, has not had a worker’s comp claim in the last two and a half years and has an Experience Modification Factor (EMR) below the industry average at 0.61. All of these metrics are incredibly impressive and reflective of Northstar Electrical’s commitment to providing a safe workplace.

2022 GRIP on Safety Excellence Award - Silver Level

The GRIP on Safety Excellence Award – Silver Level recognizes candidates with following criteria; candidates must have an Experience Modification Factor (EMR) below 0.8, have had no L&I workplace serious citations or serious injuries resulting in in-patient hospitalization over the past two years, submit an application form with a self-assessment score of 85%+ and must objectively demonstrate through employee interviews, site visits and document reviews that their safety program meets or exceeds performance goals identified on application form.

• Pacific Earth Works WBE
• Plantscapes
• Synapse Construction
• Tenhulzen Residential
• TerraFirma Foundation Systems

Todd Levitt, Murray Franklyn Family of Companies

Builder of the Year

The Builder of the Year award doesn’t just go to members with exceptional building capabilities, but to those members who go beyond and are leaders within the industry.

Todd Levitt of Murray Franklyn Family of Companies has been involved in land acquisitions, entitlements, and developments for more than 20 years. Most recently he has been working closely with our Government Affairs team to tackle tree and property rights issues. In addition to his service to our industry, Todd also volunteers in the community, working with the Boy Scouts of America, Habitat for Humanity and Doxa Housing. He also serves on MBAKS’ Board of Directors, currently ending his tenure as 2022 Immediate Past President.

MBAKS Hall of Fame

The purpose of the MBAKS Hall of Fame award is to honor people who have made significant and lasting contributions to our association.

Paul Bogel

Paul Bogel’s involvement with MBAKS began in 1984. He has been involved in several committees and councils, held the office of Secretary on the Executive Committee for two terms and was the Finance Director on the Board from 2016-2019.

Sandy McAdams

Sandy McAdams was the first female Board President of MBAKS and led the charge to form the Professional Women in Building (PWB) Council. To celebrate her legacy, each year MBAKS recognizes outstanding PWB council members with the Sandy McAdams Woman of the Year award. Sandy remains an inspiration to the next generation of women builders and industry leaders.

For more information on this release, contact Stephanie Giralmo at sgiralmo@mbaks.com

About MBAKS

Founded in 1909 and headquartered in Bellevue, Washington, the Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders association. Like our founders, our members continue to take a leading role in all facets of homebuilding and support the planning for a growing region. From new technology to advances in sustainability, from collaborative public policy efforts to investing in our communities, our commitment to a thriving, inclusive and well-planned region never wavers. We are the professional homebuilders, architects, remodelers, tradespeople (carpenters, framers, roofers, plumbers, electricians), planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community who believe everyone deserves access to a healthy and productive place to call home.

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Visit MBAKS Connect for our full analysis of Seattle’s updated Comprehensive Plan.

On Tuesday, Dec. 16, the Seattle City Council adopted its updated Comprehensive Plan, a key requirement of the state’s Growth Management Act (GMA) that sets the city’s 20-year vision. The plan will guide local decisions related to housing, land use, and other priorities to align with Seattle’s long-term goals and community values.

A key update in the Comprehensive Plan is its alignment with House Bill 1110, enacted by the State Legislature more than two years ago. HB 1110 requires local jurisdictions to allow for a broader spectrum of housing choices, including duplexes, townhomes, stacked flats, courtyard apartments, and cottage housing. The law allows for a minimum of four housing units on all residential lots, and at least six on all residential lots within a quarter mile of major transit. By reducing barriers to housing production near jobs and transit, HB 1110 advances the core principles of GMA while maintaining protections for environmentally sensitive and open spaces.

“Seattle’s adoption of its updated Comprehensive Plan means that the city has taken a major step forward in addressing the housing shortage placing homes out of reach for so many,” said Jerry Hall, executive director of the Master Builders Association of King and Snohomish Counties (MBAKS). “We commend Seattle for lowering many barriers to housing choices in the city even as we look ahead to persistent challenges that still exist in the work to make housing more attainable for all. MBAKS will continue to focus on offering our expertise regarding how best to facilitate more housing that is attainable for current residents, newcomers, and future generations.”

Reducing Barriers to Housing in Seattle’s Updated Comprehensive Plan

Seattle’s updated Comprehensive Plan removes several long-standing obstacles to housing production and allows for more efficient use of the city’s buildable land. Notably, the plan:

• Invests in accessory dwelling units as a popular housing option.
• Improves use of limited buildable land for housing.
• Addresses the need for housing and trees. 

Persistent Barriers to Housing Options in Seattle’s Updated Comprehensive Plan

Unfortunately, Seattle’s Comprehensive Plan preserves barriers that will continue to drive up the cost of housing for both renters and homeowners.

Under the plan, Seattle’s Department of Construction & Inspections would retain broad subjective discretion when reviewing new housing proposals related to tree canopy management. MBAKS supports the shared goal of maintaining a healthy urban tree canopy but strongly prefers a clearly defined, objective policy framework that provides transparency, predictability, and timely review for applicants.

The plan also relies on arbitrary minimum tree-per-square foot requirements, which further restrict already limited buildable land. These requirements increase the single greatest cost barrier for new housing: the price of land without demonstratable environmental benefit. Homebuilders are already subject to strict regulations that oversee new construction so that our water, air, and soil are appropriately protected. Homebuilders also routinely plant more trees during construction than are removed.

MBAKS members demonstrate their commitment to environmental stewardship by partnering with local jurisdictions through the association’s Planting a Better Tomorrow event.

“While other barriers to housing remain, MBAKS will continue to advocate for policies and partnerships needed to expand Seattle’s housing supply, ensuring everyone has a place to call home,” said Logan Schmidt, MBAKS’s Seattle Government Affairs Manager.

Visit MBAKS Connect for our full analysis of Seattle’s updated Comprehensive Plan.