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April 2019 Legislative Report

Pacific Advocacy Group

To: American Fire Sprinkler Association (AFSA) From: Richard Markuson, Pacific Advocacy Group March Events and Activities: I participated in a short call with ABC to discuss challenging the growth of MC3 curriculum mandates on March 5th. NCEER did not participate, and there has been no additional information. I participate in bi-monthly legislative strategy calls with ABC, WECA and other merit-shop advocates. On March 11 Wayne Weisz and I met with San Joaquin Supervisor Tom Patti and others to discuss an effort by Supervisor Katherine Miller – who plans to run for State Assembly – to place a PLA on the county’s planned jail project. Miller served on the Stockton City Council from 2009 – 2014 when she was elected Supervisor. She won her 2018 reelection outright in 2018 (no runoff) and will enjoy a free-ride when she runs in 2020 for Assembly. The following day, Patti prevailed upon the board to remove the PLA from the board agenda so that he could engage in negotiations with the Building Trades and merit-shop proponents on a “local hire deal.” I met with Patti, Sam Kharufeh (SJBTC & IBEW), Cherie Cabral with the SBCTC, and three principals from Collins Electric. We explored elements of an inclusive PLA (as opposed to a Fair PLA) and scheduled a follow-up meeting for April 12 which I will not be able to attend – but am suggesting Patti invite Nicole Goehring to participate. On March 14 I met with State Senator Jim Nielson to discuss workforce issues related to rebuilding in Paradise. On March 18 I attended the ABC NorCal Legislative summit at the State Capitol. PHCC and WECA allowed NorCal to use their talking points – developed for the January joint PHCC/WECA legislative day. On March 19 I joined Eric and local contractors in Santa Barbara to again urge the City Council to avoid a boiler-plate PLA for City work. A very lopsided 6-1 vote approved contracting with Mike Vlamming to negotiate a PLA. We have submitted PRA requests for background and continue to work with a robust local contractor community. On March 21 the CSLB held their regular meeting in San Diego. The majority of the meeting was a public hearing on a proposal to consider restricting the contractors who may install energy storage systems (ESS). The factions were union C-10s (NECA) and IBEW on one side and the C-46 – solar contractors on the other. The CSLB took no definitive action – and the board directed

April, 2019 Legislative Report

staff to study which license should be required to install ESS. I expect IBEW & NECA to amend a bill this summer to decide the issue. On March 26 I attended “Women at the Top: California's New Constitutional Officers”. Betty Yee was the only participant who did not embrace split-role and endorse Kamal Harris for President.

April Spring recess will be from April 11 until April 22. April 26 is the last day for policy committees to hear and report to fiscal committees, fiscal bills introduced in their house. State Legislation: The Senate Budget subcommittee 4 approved this:


The budget bill in chief has proposed a 3.6% COLA for apprenticeship Federal: The House Education & Labor Committee, Subcommittee on Health, Education, Labor, and Pensions (HELP) held a hearing on “Protecting Workers’ Right to Organize: The Need for Labor Law Reform" You can watch the hearing here. https://www.youtube.com/watch?v=T9FPVr5-umY. The hearing – asserted the Trump NLRB has empowered employers to:

• Gerrymander and interfere in union representation elections, • Misclassify employees as contractors to deny them their rights, and • Retaliate against workers who exercise their First Amendment rights.

The Higher Education and Workforce Investment Subcommittee – chaired by Susan Davis (D-San Diego) held a hearing entitled “Innovations in Expanding Registered Apprenticeship Programs" which included James Pavesic of the UA. The hearing illustrated apprenticeship provides:

• Good paying jobs and benefits that provide employees increased wages as they build their skills,

• A valuable credential that can help secure future employment, and • Advancement along a rewarding career path.

But much of the focus of the hearing was on the Trump administrations Taskforce on Apprenticeship Expansion, and the taskforce’s recommended second track for apprenticeships—called Industry Recognized Apprenticeship Programs, or IRAPs. You can watch the hearing here. https://www.youtube.com/watch?v=661NueucyLY Other: PLAs


The U.S. Army Corps of Engineers (USACE) has issued a survey soliciting comments from the construction industry about the potential use of a government-mandated project labor agreement (PLAs) for a project in San Diego County, California. CFEC encourages you to respond to this PLA survey. Tell USACE government-mandated PLAs reduce competition, increase costs, and impede the economy and efficiency of government contracting. To review and respond to USACE survey, click here. Survey responses to Solicitation Number W912PL19R0018 should be sent via email to Mr. Michael G. Robinson [email protected] by 2:00 p.m. Pacific Standard Time on Thursday, April 11, 2019. Here is a template contractors can customize to help with their response. Before submission, please rename the document with your company name, pay close attention to the highlighted text and customize it as much as possible. USACE and other federal agencies have issued more than 260 similar project labor agreement surveys requesting information about the potential use of PLAs on specific construction projects across the country as a result of regulations and federal agency policies stemming from President Obama’s pro-government-mandated PLA Executive Order 13502, which encourages federal agencies to mandate PLAs on a case-by-case basis for federal construction projects exceeding $25 million in total cost. CFEC and TheTruthAboutPLAs.com has taken the opportunity to respond to all PLA surveys in California as they are issued and encourages the merit shop contracting community to do the same. Due to our collective advocacy, none of these projects have had PLAs mandated on them. Auditor’s Findings in DIR Audit Challenged A critical report by the California State Auditor alleging nepotism, retaliation, and other untoward acts was scrubbed clean of any individual names or the identities of the affected state agency. But the target of those allegations is challenging the veracity of the report. Former Department of Industrial Relations (DIR) Director Christine Baker in exclusive interviews and written communications with Workers’ Comp Executive maintains that the Auditor’s report is inaccurate and leaves out critical details. You can read the report here. Legislation

April 2019 Bill Report

Provided by Pacific Advocacy Group

APM/DB/CMaR

AB 356 (Santiago D) Los Angeles Community College District: best value procurement: pilot program. Current Text: Amended: 3/11/2019 html pdf Current Analysis: 03/22/2019 Assembly Floor Analysis (text 3/11/2019) Introduced: 2/4/2019

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House

Summary: 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.

AB 695 (Medina D) Community college facilities: design-build contracts. Current Text: Amended: 4/4/2019 html pdf Current Analysis: 04/01/2019 Assembly Higher Education (text 2/19/2019) Introduced: 2/19/2019



Summary: 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) School facilities: design-build projects. Current Text: Amended: 3/27/2019 html pdf Introduced: 2/22/2019



Summary: 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) Income taxes: credits: apprenticeships. Current Text: Introduced: 1/10/2019 html pdf Current Analysis: 03/08/2019 Assembly Revenue And Taxation (text 1/10/2019) Introduced: 1/10/2019



Summary: 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

AB 595 (Medina D) Community colleges: apprenticeship programs. Current Text: Introduced: 2/14/2019 html pdf Current Analysis: 03/22/2019 Assembly Floor Analysis (text 2/14/2019) Introduced: 2/14/2019



Summary: 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 729 (Chu D) Carpet recycling: carpet stewardship organizations: succession: procedure. Current Text: Introduced: 2/19/2019 html pdf Introduced: 2/19/2019



Summary: Existing law authorized the creation of a state-approved apprenticeship program for training apprentice and journey-level carpet installers in proper carpet recycling practices. There is are three 48-month Carpet, Linoleum & Resilient Floor Layer programs in San Diego, Santa Fe Springs, and San Leandro - all run by JATCs. This bill makes minor changes to the existing authorization.

AB 780 (Brough R) Hearing aid dispensers: apprentice license. Current Text: Amended: 3/21/2019 html pdf Introduced: 2/19/2019



Summary: This bill would provide for the issuance of an apprentice hearing aid dispenser license. The bill would establish that the duration of the apprenticeship is 18 months and would establish requirements for an apprentice to sit for the practical examination required for licensure as a hearing aid dispenser, including completion of a specified course and at least 12 months of directly supervised practicum training. The bill would require the board, by regulation, to establish a list of approved courses for an apprentice hearing aid dispenser training program.

AB 991 (Gallagher R) Maintenance of the codes. Current Text: Introduced: 2/21/2019 html pdf Current Analysis: 03/22/2019 Assembly Judiciary (text 2/21/2019) Introduced: 2/21/2019



Summary: Various non-substantive, technical changes are made via the "maintenance of the codes" bill sponsored by the legislative counsel's office in this annual technical clean-up bill. Includes many references to apprenticeship in existing law which is why we monitor.

AB 1019 (Frazier D) Apprenticeship: developmentally disabled persons. Current Text: Amended: 3/25/2019 html pdf Introduced: 2/21/2019



Summary: 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.

AB 1558 (Ramos D) Apprenticeship programs: career fairs. Current Text: Amended: 3/28/2019 html pdf Introduced: 2/22/2019



Summary: 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.

AB 1706 (Quirk D) Housing development: incentives. Current Text: Amended: 3/26/2019 html pdf Introduced: 2/22/2019



Summary: Creates specified financial incentives for development proponents of residential housing development in the 9-county San Francisco Bay area region that dedicates at least 20% of the development’s housing units to households making no more than 150% of the area median income. The incentives provided to those developments include an exemption from the California Environmental Quality Act, a cap on fees imposed under the Mitigation Fee Act, a density bonus of 35%, parking reductions, and a waiver of other locally imposed requirements. The bill 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.

SB 247 (Dodd D) Wildland fire prevention: vegetation: management. Current Text: Amended: 3/14/2019 html pdf Current Analysis: 04/08/2019 Senate Energy, Utilities And Communications (text 3/14/2019) Introduced: 2/11/2019



Summary: Requires the State to create a list for each electrical corporation identifying all trees and other vegetation requiring removal or trimming in the vicinity of electrical lines or equipment owned by the electrical corporation, including the extent of trimming required. All electrical line clearance tree trimmers performing work to comply with the trim list shall be qualified line clearance tree trimmers or trainees under the direct supervision and instruction of qualified line clearance tree trimmers as provided in the Department of Industrial Relations’ High-Voltage Electrical Safety Orders (Group 2 (commencing with Section 2700) of Subchapter 5 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations). Requires all qualified line clearance tree trimmers shall be paid no less than the prevailing wage rate for a first-period apprentice electrical utility lineman as determined by the Director of Industrial Relations.

SB 448 (Borgeas R) Volunteers: small wineries. Current Text: Introduced: 2/21/2019 html pdf Introduced: 2/21/2019



Summary: This bill would exempt a small winery or small microbrewery that utilizes volunteers who perform part-time labor in exchange for hands-on training, from having these volunteers classified as employees or apprentices.

CEQA

AB 431 (Gallagher R) California Environmental Quality Act: exemptions: projects in Town of Paradise and Butte County. Current Text: Amended: 3/19/2019 html pdf Introduced: 2/7/2019



Summary: Would exempt from CEQA projects or activities related to the provision of sewer treatment or water service to the Town of Paradise or related to the improvement of evacuation routes in the Town of Paradise. The bill would also exempt from CEQA projects or activities undertaken by the Paradise Irrigation District related to the provision of water service.

AB 1673 (Salas D) California Environmental Quality Act: judicial challenge: litigation transparency: identification of contributors. Current Text: Amended: 3/19/2019 html pdf Introduced: 2/22/2019



Summary: Would require a plaintiff or petitioner, in an action or proceeding brought pursuant to CEQA, to disclose the identity of a person or entity that contributes $1,000 or more toward the costs of the action or proceeding. The bill also would require the plaintiff or petitioner to identify any pecuniary or business interest related to the project or issues involved in the action or proceeding of any person or entity that contributes $1,000 or more to the costs of the action or proceeding. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action or proceeding by the court.

SB 25 (Caballero D) California Environmental Quality Act: projects funded by qualified opportunity zone funds or other public funds. Current Text: Amended: 3/7/2019 html pdf Introduced: 12/3/2018



Summary: Grants accelerated CEQA appeals for certain housing projects. Requires SATWF unless covered by a PLA, exempts contractors under a PLA from completing CPRs.

Construction Practices

AB 1166 (Levine D) Public works: protection of underground infrastructure: regional notification center system: electronic positive response.

Current Text: Amended: 4/1/2019 html pdf Introduced: 2/21/2019



Summary: 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) California Career Technical Education Incentive Grant Program: Strong Workforce Program. Current Text: Amended: 4/1/2019 html pdf Current Analysis: 04/08/2019 Assembly Education (text 4/1/2019) Introduced: 2/22/2019



Summary: 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.

SB 716 (Mitchell D) Juveniles: postsecondary and career technical education. Current Text: Introduced: 2/22/2019 html pdf Current Analysis: 04/08/2019 Senate Public Safety (text 2/22/2019) Introduced: 2/22/2019



Summary: Would require a county probation department, in collaboration with the California Community Colleges, the California State University, and the University of California, to ensure that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile hall, ranch, camp, or forestry camp have access to a full array of postsecondary academic and career technical education programs of their choice.

Design/build

AB 695 (Medina D) Community college facilities: design-build contracts. Current Text: Amended: 4/4/2019 html pdf Current Analysis: 04/01/2019 Assembly Higher Education (text 2/19/2019) Introduced: 2/19/2019



Summary: 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) School facilities: design-build projects. Current Text: Amended: 3/27/2019 html pdf Introduced: 2/22/2019



Summary: 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.

Energy

AB 1028 (Gonzalez D) Clean Energy Job Creation Program. Current Text: Amended: 4/4/2019 html pdf Current Analysis: 04/01/2019 Assembly Utilities And Energy (text 2/21/2019) Introduced: 2/21/2019



Summary: Would require the State Energy Resources Conservation and Development Commission, in allocating grants to local

educational agencies as part of the program, to also give priority based on a local educational agency’s utilization of apprentices from state-approved apprenticeship and preapprenticeship programs, as specified. The bill would explicitly authorize program expenditures associated with employee training and energy managers.

SB 524 (Stern D) Energy efficiency programs: workforce requirements. Current Text: Amended: 4/8/2019 html pdf Current Analysis: 04/01/2019 Senate Energy, Utilities And Communications (text 2/21/2019) Introduced: 2/21/2019



Summary: 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.

ESS

AB 877 (Gabriel D) Energy: solar energy and energy storage systems. Current Text: Amended: 3/26/2019 html pdf Introduced: 2/20/2019



Summary: Would authorize the Energy Commission, in consultation with specified entities, to establish minimum requirements and develop rating standards for the performance and safety of a solar energy system that is not receiving ratepayer funded incentives and that is interconnected to the electrical distribution system.

AB 1144 (Friedman D) Self-generation incentive program: community energy storage systems: high fire threat districts. Current Text: Amended: 3/13/2019 html pdf Current Analysis: 04/08/2019 Assembly Utilities And Energy (text 3/13/2019) Introduced: 2/21/2019



Summary: Current law requires the Public Utilities Commission to require the administration, until January 1, 2026, of a self-generation incentive program to increase the development of distributed generation resources and energy storage technologies. Current law authorizes the commission, in administering the program, to adjust the amount of rebates and evaluate other public policy interests, including, but not limited to, ratepayers, energy efficiency, peak load reduction, load management, and environmental interests. This bill would require the commission, in administering the self-generation incentive program, to allocate 10% of the annual collection for the program in the calendar year 2020 for 3 to 5 pilot projects for the installation of community energy storage systems, and any renewable distributed generation resources associated with those systems, in communities in high fire threat districts.

SB 288 (Wiener D) Electricity: renewable resource self-generation and storage. Current Text: Amended: 3/28/2019 html pdf Introduced: 2/13/2019



Summary: Would, by January 1, 2021, require the PUC and the governing board of each local publicly owned electric utility to, among other things, create one or more tariffs that offer fair compensation for customer-sited energy storage systems that export electricity to the electrical grid and to consider one or more tariffs for customer-sited renewable energy and energy storage systems to support grid reliability and community resiliency in the event of emergencies or grid outages.

Housing

AB 168 (Aguiar-Curry D) Housing: streamlined approvals. Current Text: Introduced: 1/8/2019 html pdf Introduced: 1/8/2019



Summary: 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.

AB 1177 (Frazier D) Planning and zoning: housing development: streamlined approval. Current Text: Introduced: 2/21/2019 html pdf Introduced: 2/21/2019



Summary: 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

AB 1485 (Wicks D) Housing development: incentives. Current Text: Amended: 3/26/2019 html pdf Current Analysis: 04/08/2019 Assembly Housing And Community Development (text 3/26/2019) Introduced: 2/22/2019



Summary: Creates specified financial incentives for development proponents of residential housing development in the 9-county San Francisco Bay area region that dedicates at least 20% of the development’s housing units to households making no more than 150% of the area median income. The incentives provided to those developments include an exemption from the California Environmental Quality Act, a cap on fees imposed under the Mitigation Fee Act, a density bonus of 35%, parking reductions, and a waiver of other locally imposed requirements. The bill 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.

SB 4 (McGuire D) Housing. Current Text: Amended: 2/28/2019 html pdf Current Analysis: 03/28/2019 Senate Housing (text 2/28/2019) Introduced: 12/3/2018



Summary: This bill creates a streamlined approval process for eligible projects within ½ mile of fixed rail or ferry terminals in cities of 50,000 residents or more in smaller counties and in all urban areas in counties with over a million residents. It also allows creates a streamlined approval process for duplexes and fourplexes, as specified, in residential areas on vacant, infill parcels. Requires SATWF unless covered by a PLA, exempts contractors under a PLA from completing CPRs.

Labor Law

AB 5 (Gonzalez D) Worker status: independent contractors. Current Text: Amended: 3/26/2019 html pdf Current Analysis: 04/01/2019 Assembly Labor And Employment (text ) Introduced: 12/3/2018



Summary: 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) Employment discrimination: limitation of actions. Current Text: Amended: 3/21/2019 html pdf Current Analysis: 04/01/2019 Assembly Appropriations (text 3/21/2019) Introduced: 12/3/2018



Summary: 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) Division of Labor Standards Enforcement: complaint. Current Text: Introduced: 2/6/2019 html pdf Current Analysis: 04/01/2019 Assembly Labor And Employment (text 2/6/2019) Introduced: 2/6/2019



Summary: 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.

AB 520 (Kalra D) Public works: public subsidy. Current Text: Amended: 2/28/2019 html pdf Current Analysis: 04/05/2019 Assembly Floor Analysis (text 2/28/2019) Introduced: 2/13/2019



Summary: 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.

AB 789 (Flora R) Itemized wage statements: violations: actions: Labor Code Private Attorneys General Act of 2004. Current Text: Amended: 3/21/2019 html pdf Introduced: 2/20/2019



Summary: This bill would require, for an action under PAGA to recover for any violation of the itemized wage statement requirement, that an employee or representative give prescribed notice of the alleged violation to the employer.

SB 530 (Galgiani D) Construction industry: discrimination and harassment prevention policy. Current Text: Introduced: 2/21/2019 html pdf Current Analysis: 04/08/2019 Senate Committee On Labor, Public Employment And Retirement (text 2/21/2019) Introduced: 2/21/2019



Summary: 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

Licensure

AB 613 (Low D) Professions and vocations: regulatory fees. Current Text: Introduced: 2/14/2019 html pdf Current Analysis: 04/08/2019 Assembly Appropriations (text 2/14/2019) Introduced: 2/14/2019



Summary: 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 1024 (Frazier D) Home inspectors: licensing: Contractors’ State License Board. Current Text: Introduced: 2/21/2019 html pdf Introduced: 2/21/2019



Summary: Would, beginning January 1, 2022, require a person performing a home inspection, as defined, to be licensed by the Contractors’ State License Board.

Mechanics liens

AB 1339 (Gabriel D) Mechanics liens: attachment date. Current Text: Introduced: 2/22/2019 html pdf Introduced: 2/22/2019



Summary: 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) Wage records: private attorney general actions: attorney’s fees. Current Text: Amended: 3/25/2019 html pdf Introduced: 2/11/2019



Summary: This bill would limit attorney’s fees in connection with an action for a violation of the wage information requirements under PAGA.

AB 789 (Flora R) Itemized wage statements: violations: actions: Labor Code Private Attorneys General Act of 2004. Current Text: Amended: 3/21/2019 html pdf Introduced: 2/20/2019



Summary: This bill would require, for an action under PAGA to recover for any violation of the itemized wage statement requirement, that an employee or representative give prescribed notice of the alleged violation to the employer.

Public Works

AB 520 (Kalra D) Public works: public subsidy. Current Text: Amended: 2/28/2019 html pdf Current Analysis: 04/05/2019 Assembly Floor Analysis (text 2/28/2019) Introduced: 2/13/2019



Summary: 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.

AB 971 (Salas D) Public contracts: completion bonuses: contractor evaluations. Current Text: Amended: 4/4/2019 html pdf Introduced: 2/21/2019



Summary: The State Contract Act The act authorizes a contract for a road project, flood control project, or project involving facilities of the State Water Resources Development System to provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time. The act requires this provision to be included in the project specifications and to clearly set forth the basis for the payment. This bill would additionally require for such a bonus completion within the contract price. The bill would revise the bonus provision to remove restrictions on eligible projects.

AB 1045 (Chen R) Public works: prevailing wages. Current Text: Amended: 3/19/2019 html pdf Introduced: 2/21/2019



Summary: This bill would increase the threshold to require the payment of a prevailing rate of per diem wages from the current $1,000 to $100,000.

AB 1413 (Gloria D) Transportation: local transportation authorities: transactions and use taxes.

Current Text: Introduced: 2/22/2019 html pdf Introduced: 2/22/2019



Summary: 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.

AB 1736 (Daly D) Internet posting requirements. Current Text: Amended: 3/28/2019 html pdf Introduced: 2/22/2019



Summary: 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.

SB 533 (Monning D) Fort Ord Reuse Authority: prevailing wages. Current Text: Amended: 3/28/2019 html pdf Introduced: 2/21/2019



Summary: Would deem as public works any work performed within the territory of Fort Ord. The bill would authorize the Labor Commissioner to issue civil wage and assessment penalties to a contractor or subcontractor that performed work subject to the provisions of the bill. The bill would apply these provisions to work performed before the effective date of these provisions.

STWF

AB 1177 (Frazier D) Planning and zoning: housing development: streamlined approval. Current Text: Introduced: 2/21/2019 html pdf Introduced: 2/21/2019



Summary: 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

SB 524 (Stern D) Energy efficiency programs: workforce requirements. Current Text: Amended: 4/8/2019 html pdf Current Analysis: 04/01/2019 Senate Energy, Utilities And Communications (text 2/21/2019) Introduced: 2/21/2019



Summary: 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.

Taxes/Fees

AB 405 (Rubio, Blanca D) Sales and use taxes: exemption: water treatment. Current Text: Introduced: 2/7/2019 html pdf Current Analysis: 03/08/2019 Assembly Revenue And Taxation (text 2/7/2019) Introduced: 2/7/2019



Summary: Provides an exemption from the Sales and Use Tax (SUT) Law for chemicals and other agents used to treat water, recycled water, or wastewater, regardless of whether those chemicals or other agents become a component part thereof and regardless of whether the treatment takes place before or after delivery to consumers

AB 613 (Low D) Professions and vocations: regulatory fees. Current Text: Introduced: 2/14/2019 html pdf Current Analysis: 04/08/2019 Assembly Appropriations (text 2/14/2019) Introduced: 2/14/2019



Summary: 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) Transportation: local transportation authorities: transactions and use taxes. Current Text: Introduced: 2/22/2019 html pdf Introduced: 2/22/2019



Summary: 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) Unemployment insurance: trade disputes: eligibility for benefits. Current Text: Amended: 3/26/2019 html pdf Introduced: 2/21/2019



Summary: 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.

Workforce Development

AB 1028 (Gonzalez D) Clean Energy Job Creation Program. Current Text: Amended: 4/4/2019 html pdf Current Analysis: 04/01/2019 Assembly Utilities And Energy (text 2/21/2019) Introduced: 2/21/2019



Summary: Would require the State Energy Resources Conservation and Development Commission, in allocating grants to local educational agencies as part of the program, to also give priority based on a local educational agency’s utilization of apprentices from state-approved apprenticeship and preapprenticeship programs, as specified. The bill would explicitly authorize program expenditures associated with employee training and energy managers.

April 2019 AFSA Report › resources › Documents › April 2019 AFSA Report.pdfApril 26 is the...

Documents

Transcript of April 2019 AFSA Report › resources › Documents › April 2019 AFSA Report.pdfApril 26 is the...