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Business
LandOpt annual report recommends increased contractor rates
LandOpt, Pittsburgh, Pennsylvania, suggested that contractors consider a number of rate in- creases due to higher operating costs, inflation and economic uncertainty in its annual recom- mendations on contractor rates for the year 2023. “As with this year, 2023 will be laced with a
variety of economic challenges, including labor and materials inflation that top the list,” says LandOpt President Jim Westover. “Tose will be compounded by higher interest rates and the threat of a recession.” LandOpt says contractors should “consider
a minimum 4.4% rate increase to offset higher operating costs, an 8.8% hike to return margins to pre-inflationary levels, and a 10% or great- er boost when possible as a hedge against un- predictable cost increases.” Te rate adjustment suggestions are determined by a number of fac- tors, Westover says. “Te metrics LandOpt used to determine
the rate increases were inflation rate, material costs year-over-year, gasoline prices and labor cost projections. We looked at the aggregated profit and loss statements from our network to determine what price increases would be need- ed to get margins back to where they have been historically, assuming the number of jobs re- mained consistent.”
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Legal
EPA announces final rule regarding WOTUS
A recent decision by the Environmental Protec- tion Agency and the U.S. Army Corps of Engi- neers, Washington, D.C., establishes a “durable” definition of “waters of the United States,” or, WOTUS.
Te definition has industry experts con- cerned about the definition’s implications for the irrigation industry. For some irrigators, a federal permit might now be necessary when working with water that falls under federal jurisdiction. “Whenever we’re talking about the scope of federal water jurisdiction, it’s always an issue because our members work so closely with wa- ter, and oftentimes they’re working in areas that could potentially be under federal jurisdiction. We have to pay attention,” says Nathan Bowen, advocacy director at the Irrigation Association. Much of the concern regarding the Biden administration’s definition of WOTUS stems from the “significant nexus” test, which would allow agencies to determine the jurisdiction of a covered water body, and could allow agency jurisdiction over some of the specifically ex- empted features provided for in the rule as a WOTUS.
Legal
DHS issues temporary final rule for H-2B visas
Te Department of Homeland Security, Wash- ington, D.C., and the Department of Labor is- sued a temporary final rule that makes available 64,716 additional H-2B temporary nonagricul- tural worker visas for fiscal year 2023 in Decem- ber 2022.
Te visas are for “U.S. employers seeking to petition for additional workers at certain periods of the fiscal year before Sept. 15, 2023,” accord- ing to DHS. “Te department is making supplemental H-2B visas available earlier than ever, ensuring that American businesses can plan for their peak season labor needs,” says Alejandro Mayorkas, secretary of Homeland Security. . “At a time of record job growth, these visas
will also provide a safe and lawful pathway to the United States for noncitizens prepared to take jobs that are not filled by American workers.” Te publication of the rule is expected to make an impact on the irrigation industry. “It’s incredibly important for our industry,”
Andrew Bray, senior vice president of govern- ment relations and membership at the National Association of Landscape Professionals, told Irrigation & Lighting in November.
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irrigationandlighting.org
March 2023 Irrigation & Lighting 43
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