Thursday, May 2, 2019

APM/DB/CMaR

AB 356 (Santiago - D) Authorizes the Los Angeles Community College District (LACCD) to utilize a best-value procurement process as a pilot project until January 1, 2025, for construction projects over $1 million dollars. The bill contains provisions that allow a contractor under a project labor agreement to be presumed to meet the requirements of using a skilled and trained workforce. Watch
 
AB 695 (Medina - D) Extends the sunset on community college districts' (CCDs') authority to enter into design-build public works contracts and adopts the same "skilled and trained workforce" requirements applicable to the design-build authority of state agencies and local governments.
 
SB 743 (Hertzberg - D) This bill would specify that LAUSD, entering into a design-build contract for projects that are subject to project labor agreements retains the discretion to take specified actions related to the contract.
 
Apprenticeship

AB 186 (Cervantes - D) Provides a tax credit of up to $1,000 for each registered apprentice trained by the taxpayer in the taxable year that meets one of the following: has not obtained a high school diploma and is enrolled in high school or a General Education Development (GED) test preparation program; or, has obtained a high school diploma or GED credential while participating in the apprenticeship Support
 
AB 595 (Medina - D) Sponsored by Faculty Association of California Community Colleges (FACCC), this measure seeks to allow the use of ITINs in lieu of SSNs (for students who are ineligible for a SSN), for the purpose of any mandatory background checks that are required for participation in a class or apprenticeship and/or internship program.

AB 1019 (Frazier - D) This bill would add to the ex officio members of the Interagency Advisory Committee on Apprenticeship, the Director of Rehabilitation and the chair of the State Council on Developmental Disabilities. The bill would require the committee to create a subcommittee to address apprenticeship for the developmentally disabled community. The bill would add that it is the intent of the Legislature that the department will encourage greater participation for the developmentally disabled in apprenticeship and pre-apprenticeship programs. Support
 
AB 1558 (Ramos - D) Would require school districts and schools to notify apprenticeship programs of career and college fairs at least two weeks before the fair. It would require career and college fairs to provide apprenticeship programs an adequate amount of space to apprenticeship programs and the same amount of resources provided to other invited groups. The bill would require apprenticeship programs to annually provide school districts within their geographic region a point of contact, phone number, email address, operating location, and purpose of the apprenticeship program. Support

Business Issues
 
SB 210 (Leyva - D)This bill directs the California Air Resources Board (ARB) to work in coordination with multiple state agencies in order to develop and implement a Heavy-Duty Inspection and Maintenance Program for non-gasoline, heavy-duty, on-road trucks.

CEQA
 
AB 1191 (Bonta - D) Allows the State Lands Commission to enter into an exchange with the City of Oakland of certain public trust lands, for the future site of the Oakland Athletics Ballpark project. Watch
 
AB 1673 (Salas - D) Requires plaintiffs in California Environmental Quality Act (CEQA) lawsuits to identify every person or entity who contributed, or committed to contributing, $1,000 or more to support the lawsuit. Support
 
SB 25 (Caballero - D) Grants accelerated CEQA appeals for certain housing projects. Requires SATWF unless covered by a PLA, exempts contractors under a PLA from completing CPRs. OUA 

Construction Practices

AB 1166 (Levine - D) This bill would require every operator to supply an electronic positive response through the regional notification center before the legal excavation start date and time.

CTE
 
AB 1303 (O'Donnell - D) Makes several changes to the California Career Technical Education Incentive Grant Program, administered by the State Department of Education and provides $450 million for grants. Watch

ESS

AB 1144 (Friedman - D) Requires the California Public Utilities Commission (CPUC) to allocate $16.6 million of funding from the Self-Generation Incentive Program (SGIP) to pilot projects to install and evaluate community energy storage systems.
 
SB 288 (Wiener - D) This bill would require a number of provisions to support the deployment of customer-sited distributed energy resources, specifically energy storage systems, including requiring electric utilities to establish standardized processes to interconnect to the electric grid, requiring new tariffs and compensation to sell stored energy to the grid and into the wholesale electricity market.

Housing
 
AB 168 (Aguiar-Curry - D) Amends SB 35 of last year that authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, to include a requirement that the development not be located on a site that is a tribal cultural resource. Existing law requires payment of prevailing wages and apprentice wages even if the project is not a public works and prohibits the DLSE from enforcing the Labor Code if the Project is covered by a PLA. Waives CPRs on projects covered by a PLA.

Labor Law
 
AB 5 (Gonzalez - D) AB 5 (Gonzalez)...exempts certain industries/professions (doctors, insurance agents, securities brokers, and direct sellers) from the application of the Dynamex decision. The business community seeks a more progressive and holistic approach to the application of Dynamex that reflects today's modern workforce.
 
AB 9 (Reyes - D) A coalition of employer organizations, including the California Chamber of Commerce, is opposed unless amended. The coalition requests an amendment regarding the nature of the claims covered and seeks clarity that the bill only applies to prospective claims. They state, "while AB 9 is being promoted as an anti-sexual harassment bill, it actually has a broad, sweeping effect on all employment harassment, discrimination and retaliation complaints. The Fair Employment and Housing Act (FEHA) makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants. Additionally, Title VII of the Civil Rights Act of 1964 makes specific employment practices unlawful under federal law."
 
AB 403 (Kalra - D) AB 403 incentivizes litigation and provides for a one-sided provision of attorney's fees. California is already widely perceived as having a hostile litigation environment. One factor that contributes to this negative perception is the high award and threat of attorney's fees in civil litigation that often dwarfs the financial recovery the plaintiff actually receives. Oppose

AB 520 (Kalra - D) This bill defines a public subsidy as "de minimis" for the purpose of paying the prevailing wage in public works projects if the subsidy is both less than $275,000 and less than 2% of the total project cost. This standard will apply for bids advertised or contracts awarded after July 1, 2020. Watch
 
AB 555 (Gonzalez - D) Expands the state's paid sick leave program to provide an employee with no less than 40 hours or five days of sick leave by the 200th calendar day of employment. SIA
 
SB 530 (Galgiani - D) Would require DLSE to develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry. The bill would also require DIR to convene an advisory committee by March 1, 2020, consisting of specified representatives from the construction industry and state agencies to assist the division in developing the policy Watch

Licensure
 
SB 610 (Glazer - D) extends the operation of the CSLB to January 1, 2024 requires the board to study and report to the Legislature if the current amount of the contractors' bond requirement is sufficient would require the board to charge C-10 contractors a $20 fee for enforcement Existing law requires, as a condition precedent to the board accepting an application for licensure, renewal, reinstatement, or to change officers or other personnel of record, that an applicant, previously found to have failed or refused to pay a contractor, subcontractor, consumer, materials supplier, or employee based on an unsatisfied final judgment, file or have on file with the board a bond sufficient to guarantee payment of an amount equal to the unsatisfied final judgment or judgments. Under existing law, if a judgment is entered against a licensee, then a qualifying person or personnel of record is prohibited from serving as a qualifying individual or other personnel of record on any license until the judgment is satisfied. This bill would extend that prohibition to when a judgment is entered against any personnel of record. Support

Mechanics liens
 
AB 1339 (Gabriel - D) This bill would provide that a mechanics lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that attaches after the date of commencement of the work of improvement.

PAGA
 
AB 443 (Flora - R) This bill would limit attorney's fees in connection with an action for a violation of the wage information requirements under PAGA. Support

Public Works
 
AB 1736 (Daly - D) This bill would require departments and state agencies with an internet website, to post within 24 hours of awarding a construction contract, the name of the successful bidder, the amount of the successful bidder's bid, and the name of listed subcontractors and their subcontract amounts. Support

STWF
 
AB 1177 (Frazier - D) This bill would delete the requirement in SB 35 from last year that a skilled and trained workforce be employed on any project subject to its provisions. Watch
 
SB 524 (Stern - D) Sponsored by California State Association of Electrical Workers, California State Pipe Trades Council, Western States Council Sheet Metal Workers, this bill requires the CPUC to direct energy efficiency program administrators to ensure that work is performed by a skilled and trained workforce for projects receiving at least $50,000 in ratepayer-funded initiatives within a single facility. Watch

Taxes/Fees
 
AB 613 (Low - D) Authorizes regulatory boards under the Department of Consumer Affairs (DCA) to adjust their licensing fees once every four years by an amount not to exceed the increase in the California Consumer Price Index (CPI) for the preceding four years, with limitations.
 
AB 1413 (Gloria - D) Would authorize a local transportation authority to impose a tax applicable to only a portion of its county if 2/3 of the voters voting on the measure within the portion of the county to which the tax would apply vote to approve the tax and other requirements are met, including that the revenues derived from the tax be spent within, or for the benefit of, the portion of the county to which the tax would apply. Would require projects funded by any such tax to use a SATWF unless the project is covered by a PLA.

UI
 
AB 1066 (Gonzalez - D) Current law makes an employee ineligible for UI benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. Watch