By John Boling
Advocating for consultant members is a cornerstone of the IIBEC Strategic Plan, an objective of which is to increase an IIBEC chapter’s ability to engage in the public policy process. IIBEC staff are ready to provide training, resources, contacts, and strategic guidance to chapters to increase their effectiveness influencing public policy. For more information check out The Guide: An Overview of IIBEC Services located on IIBEC’s website under the “About” tab.
Sometimes people think that advocacy is just one person or an hour-long session after lunch. From my experience, that’s simply not the case. Advocacy, due to its outward focus, is critical to attaining the vision specified in the strategic plan—IIBEC will be universally recognized as the leading authority for roofing, waterproofing, and exterior wall consulting. IIBEC’s advocacy efforts have been active at all levels of government, shaping codes and standards, expanding our influence in the building industry, and increasing the relevancy and value of IIBEC’s policy positions. We were successful in fighting back against problematic procurement legislation that undermined qualifications-based selection of architects, engineers, and designers for public projects, succeeded in getting Congress to tell the General Services Administration to stop abusing the Brooks Act (qualifications-based selection procurement) in federal supply schedules—the process used by the government to contract with commercial companies for goods and services—and worked with allies in the construction sector to advance smart policies. The Codes and Standards Committee worked to advance several changes at recent code hearings, and the committee expects to see nearly all of its proposals adopted.
Additionally, the Advocacy Committee approved a new policy statement for review by the IIBEC Board of Directors. The policy statements are used to educate elected officials, regulators, and stakeholders about IIBEC’s opinion on issues the industry deems important. Finally, IIBEC has worked hard to establish relationships and introduce our industry to numerous organizations in the sector. For example, IIBEC recently met with leaders from the Building Owners and Managers Association (BOMA) and the Community Associations Institute (condominiums) to discuss current issues, educate them about the role IIBEC consultants serve, learn their priorities, and collaborate on issues of mutual concern.
Advancing the mission of IIBEC is a team effort. In the examples cited above IIBEC was led by Brian Pallasch, chief executive officer and executive vice president; Emily Lorenz, IIBEC’s director of technical services; myself; the members of both the Advocacy and Codes and Standards Committees; and rest of the IIIBEC staff team.
But advocacy doesn’t just happen at IIBEC headquarters. IIBEC chapters serve an integral role in being the eyes and ears on the ground, partners in the fight, and even leading the efforts—yes, you read that right: Chapters are leading. As a matter of fact, the Georgia Chapter was recently featured in an IIBEC Chapter Spotlight about its advocacy work with the state’s building code officials to modify portions of the state code.
IIBEC members in Georgia aren’t the only ones standing up and advocating for positive changes. Below is a story about how IIBEC members in the Virginia Chapter were able to collaborate with other industry groups to formulate a plan, draft state legislation, find a sponsor, and secure passage through both chambers for legislation that was then signed into law. The key takeaway is that a small group of people working with a limited budget and limited time were able to identify a solution to a problem and get a state legislature to act.
The following conversation with Scott Shufflebarger of Hertless Brothers Roofing Inc. and an IIBEC member since 2019 is edited for brevity and clarity.
What started it all?
I (Scott) was contacted by Preston Bryant, the registered lobbyist for Schneider Electric, to see about changing the law to expand permissible activities for Virginia Energy Efficiency Contractors. Several years prior, myself and another lobbyist had worked with Preston on legislation creating a new class of certified contractors, the Virginia Energy Contractor. At that time, we had “roofing” excluded from the permissible activities for this contractor due to our concern that this legislation would be another avenue to expand the use of Cooperative Procurement.
Over the past few years, the energy efficiency market evolved, and the demand for rooftop solar grew. However, for a rooftop solar assembly to be installed properly, it almost always requires the replacement of the existing roof, which, due to the original prohibition would require public building owners (schools, government buildings, etc.) to perform a separate public procurement. But roof procurements were often problematic—a lengthy process that usually did not coincide with the energy efficiency project’s timeline and/or did not have approval or funding.
Did the IIBEC Virginia Chapter approve the effort?
The primary concern of the chapter was that of the independent design professional. There was not any real debate—the chapter wanted to make sure it had “a seat at the table,” to have a voice and a say in something that affected them. After the chapter approved the effort, Virginia Chapter leaders April McKelvey and Austin Eells embraced the effort and worked with IIBEC staff (Brian Pallasch and John Boling) to obtain help on appropriate language.
After you identified the problem, what was the solution?
The (solution) bill in its final format expanded the services a Virginia Energy Efficiency Contractor could perform to include roofing—with the caveat roofs would have to be procured in accordance with exiting Virginia Public Procurement Act (VPPA). The inclusion of the VPPA language ensured that the projects would require the use of an independent, third-party design professional and that the procurement would be open, transparent, and available to the contracting community at large. The significance of IIBEC’s effort is that we were able to influence the “how” roofing was procured. The original proposed legislation simply a strikethrough of the original roofing prohibition.
Was there a risk of blowback if the bill failed?
The risk of “blowback” if the bill failed was not a primary concern because the law was already favorable to IIBEC and roofing contractors. The greater concern was to make sure we handled the process professionally and efficiently so that all parties recognized the value of IIBEC and we would be relevant and respected for future issues.
How did you select the legislator(s) to reach out to?
The legislators were first selected by their membership on the committee (House and Senate) that would be handling the proposed legislation. After that, we narrowed the list down to the more senior members (both parties) of those committees and scheduled meetings to explain the bill and seek their support.
Was there a negotiation with their office when they said yes?
There was no negotiation. Having reached a consensus of all the stakeholders (IIBEC, Virginia Energy Efficiency Council [VEEC], and Virginia Association of Roofing Professionals [VARP]) our unified support of the bill made it easy for the legislators to say yes.
My experience is that the House and Senate members like it when everyone concerned is in agreement. They like “peace in the valley.”
After they said yes, did they expect you to help pass the bill?
The sponsors of the House and Senate bills expected us to meet with the members of the committee to educate them on the scope of the bill and convey that there was uniform support from the stake holders.
How much did this effort cost and how many work hours were used?
IIBEC and VARP’s expenses were $0.00 unless you include what it cost to park downtown when I went to speak to the legislators and testify—so maybe $40.00. Our time is difficult to say for sure (don’t know specifics on Austin and April), but I would say I was all in for 20 hours over four months. That included meetings with Preston and their team, phone calls with the IIBEC folks VARP folks, meeting with legislators, and testifying.
How did partisan politics impact the effort to pass the bill—a Democrat-sponsored bill and a newly elected Republican governor? Were you concerned?
Partisan politics were initially a concern. The bill sponsors and the legislation itself tend to be viewed as more “Democrat/Left” leaning. However, that concern quickly dissipated once we were able to show that we were unified.
Did you testify in support of the bill?
Yes, only in the Senate subcommittee. It was approved unanimously in the sub, which meant it was voted on in a block of “uncontested bills” in the full committee and did not need any additional testimony. Once out of the full committee, it had no issues on the Senate floor. I had a conflict and was unable to testify on the House side; however, that went just as smoothly as the Senate.
How was that experience for you?
I have testified before, and it went well. I am always a little nervous when it comes to public speaking; however, it is getting easier to do so in front of the legislators. They are appreciative and kind to the testimony of “laypeople” as long as you are polite in your remarks.
Did you walk the halls of the state Capitol to support the bill? How would you describe your experience to those who haven’t done that yet?
Yes, I walked the “halls” and met with the legislators that we identified above. To those who have not done it, in Virginia, I have found the legislators very receptive and appreciative of members of the general public coming in and sharing their concerns on specific legislation. They place a high value on hearing from those who would be impacted by the proposed legislation.
Would you recommend other chapters get involved to help their businesses and their customers?
Absolutely! Advocacy is essential for our industries and business. If we do not participate, we are letting others speak for us. It really is not difficult to engage our respective legislatures. It might seem confusing or difficult, but IIBEC has a great team and resources to help us.
Will you do it again on another issue?
Yes, our chapter wants to remain active in the legislative process, whether it is on another specific issue or simply making the legislators aware of what we do and our value.
Scott Shufflebarger has been a member of IIBEC since 2019 and is also a member of the National Roofing Contractors Association (NRCA), Virginia Association of Roofing Professionals (VARP), National Slate Association (NSA), and Slate Roofing Contractors Association (SRCA).
April L. McKelvey, RRC, RRO, Monarch Consulting Services LLC, has been a member of IIBEC since 2005 and currently serves as president of the Virginia Chapter.
Austin Eells, Architectural Exterior Solutions, has been a member of IIBEC since 2011 and currently serves as the vice president of the Virginia Chapter.
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