Author Archives: mattsmedia43

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Ukiah Sidewalk Work image

The City of Ukiah Bids Work Listed in Change Order

After a letter from CIFAC, the City of Ukiah decided to bid a $71,000 paving and sidewalk project. This work had previously been listed in a change order, but CIFAC was able to convince the agency to bid the work.

On January 17, Northern Regional Compliance Manager, Maghan Hunt was contacted about a change order pertaining to the work being done at the Grace Hudson Museum. The person said they were concerned because the paving and sidewalk work listed in the change order was not part of the original scope of work.

Hunt looked into the matter and agreed. She wrote the Ukiah City Manager and City Council a letter outlining her concerns and submitted it a few hours ahead of the meeting. The item was pulled from the consent calendar at the January 17 meeting.

On February 2, Hunt received an email from the Director of Purchasing. She explained that even though the City’s attorney said they were within their right to add the work via a change order, the City would be putting the project out to bid. Hunt checked the February 7 City Council agenda, and noted the project is listed as an agenda item with the recommendation to put the work out to bid.

Hunt was very happy with the outcome. “Area contractors now get the opportunity to bid a project not listed in the original scope of work instead of the work being performed via a change order,” Hunt said.

“I greatly appreciate the City of Ukiah vetting my concerns and making a decision that ultimately benefits the community,” she added.

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ABC’s of Public Works Bidding in California

One of the most frequent calls we get at the CIFAC office is from a contractor wondering what the requirements are to be able to bid on public works projects. As money's raining down from SB1, the November 2014 Prop.1 water bond and another bond issue on the ballot June 5th, we’re sure we are going to be getting a lot more of these calls.

To help these contractors, we are offering this simplified list of requirements for bidding and performing any construction project in the state that includes taxpayer funding. The fundamental requirement leads to a host of more complicated questions but the basics are the basics everywhere.

It all starts with the Public Contract Code, the section of California law that establishes the rules of the road for public works contractors and their customers. Public Contract Code (PCC) applies in one respect or another to virtually all-public entities in California.

Public Contract Code §1100 contains an express declaration of legislative intent, stating that the purpose of the Code is to:

  • To clarify the law with respect to competitive bidding requirements.
  • To ensure full compliance with competitive bidding statutes as a means of protecting the public from misuse of public funds.
  • To provide all qualified bidders with a fair opportunity to enter the bidding process, thereby stimulating competition in a manner conducive to sound fiscal practices.
  • To eliminate favoritism, fraud, and corruption in the awarding of public contracts.

The importance of competitive bidding stems from the California Constitution and more than 140 years of California Supreme Court precedents.

First Things First

Therefore, if you want to bid public works in California, there are, as you might expect a bunch of rules.

The first rule is that you must be a licensed contractor, meeting the requirements of the Contractors State License Board (CSLB). In California, anyone who contracts to perform construction work that is valued at $500 or more in combined labor and materials costs must hold a current, valid license from the CSLB.

Your license will not say “Public Works,” of course but, instead, cover one of the two big categories; General Engineering (A) or Building (B) for general contractors or one of the 40+ specialty trade licenses (C) and the more exotic hazardous materials categories allowing you to perform work as a subcontractor in your specialty.

We hear you now saying “I’ve already got a license, so I’m good to go!” but the question is, do you have the correct license, as specified in the Request For Proposals (RFP) issued by the agency for whom you want to work. In either case, your work starts at the licensing website and for more specialized information visit

CSLB is more than a licensing agency, they are also an enforcement agency and here are the two big areas where CSLB is concerned with public works.

  • Bids that don’t include all work needed
  • Failure of contractors to complete work in a timely fashion

First, it is imperative that contractors provide awarding agencies bids that reflect the entire known work at the time of the bid. It is not appropriate for a contractor to low-ball a bid to get a job, and then try to increase the contract amount later with change orders. Disciplinary action has been taken in this area.

Second, CSLB is seeing an increasing number of public works jobs that are not being finished on time. Business &Professions Code §7119 requires that a contractor show due diligence in completing contracted work. Not doing so also gives CSLB a cause to take disciplinary action against a license.

No Rest for the Weary

After acquiring the proper license, your next step will be registration as a Public Works Contractor with the state Department of Industrial Relations (DIR) for any work performed that costs at least $15,000.

That means your next stop is at where the state labor agency runs you through the gauntlet of registration, paying a $400 fee for the privilege and learning the mandatory steps you must meet after you’ve registered.

The simple list is pay prevailing wages, follow apprenticeship requirements, maintain, and submit certified payroll records, but none of these requirements are simple. If you are signatory with any of the basic construction trade unions this will be familiar ground, but make sure you are following the DIR guidance.

The Homeboys

Finally, the work is performed for a local agency/government/special district and the rules vary from town to school board to publically owned utility, etc., so the “Know Thy Customer” requirement for every business applies.

There have been many lawsuits filed over the years to determine what “public funds” means, but in essence, it is any job that has a cent of tax money in the funding, from a parking lot of a movie theater in the Mohave Desert to the massive bridge replacement in the Long Beach harbor; all are “publically funded.

If you have completed all the necessary CSLB and DIR steps, you still face challenges at the local level, starting with “prequalification.” All large public agencies and many smaller ones have prequalification requirements for their work. It has been in the PCC since 1999 for agency work and school districts.

Over the years, these criteria have morphed into a tangled web of differing standards so it is the contractor’s job to make sure they understand the local requirements in each jurisdiction.

This is an area where CIFAC does a lot of work, making sure that cities and other agencies follow the law. One area of major concern is in the actions of charter cities that often try to subvert the spirit if not the letter of the code.

Friends in the Business

Our final word of advice for contractors interested in bidding public works is that they join a trade association in their area, one of the many specialty groups that gather like-oriented contractors (plumbers, electricians, etc.) or one of the larger, broader groups that represent contractors across a broad array of interests.

Trade associations are more than a social club. Many are your representatives in union negotiations. Many will stand in your place regarding disagreements about the bidding and other practices of public works agencies. All of them concentrate the political power of your industry in Sacramento, county courthouses and city halls around the state to deliver collective efforts to improve the lot of contractors. Most of them provide educational programs about changes in laws and regulations that affect your business and share that information through their communications programs.

CIFAC works with many of the trade associations to help their members with these issues. If you are not a member, you should be. Become a member today.

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Paving the Way with ADEA image

Paving the Way with ADEA

by Patricia Rascon, Southwestern Regional Compliance Manager

What is ADEA and how does it potentially benefit our construction industry? ADEA is the acronym for the Age Discrimination in Employment Act of 1967. By crushing the stereotypes that prevent companies from recognizing the variety of strengths they currently have, such as wisdom, experience and reliability, older workers can be part of the solution to ease the skilled worker shortage the construction industry.

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Five Things You Need To Know About Emergency Declarations

by Maghan Hunt, Central Regional Compliance Manager

Over the past several months, California has received a lot of rain. In many areas of the state, the record rainfall and snow pack totals are enough to lift them out of drought status.

At the same time, many areas in Northern California also saw a slew of emergency declarations pass by county and city governments in regards to damage caused by storms over the course of several weeks.

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Water Dripping City of Stockton Story

The Importance of Contractor Licensing Laws

by Michelle Tucker, Northern Regional Compliance Manager

Anyone who works within the public works construction industry knows the importance of the contractor licensing laws in California. Our State has some of the strictest rules in the nation, sometimes causing confusion and headaches while navigating through the bid and award process.

Although the annoyance factor is understandable, did you know that these laws might also be used to your advantage in certain circumstances.

Before we delve into how they may be used, let me quickly summarize the reasons behind them. Per State law, anyone in California who contracts to perform work on a project that is valued at $500 or more, including labor and material, must hold a current, valid license from the Contractors State License Board (CSLB). The CSLB provides licensure in contractor classifications (A) General Engineering Contractors, (B) General Building Contractors and (C) Specialty Contractors. The purpose of the law is to protect the public from incompetence, negligence and dishonesty in those who provide construction services and to safeguard the public against unskilled workmanship and deception.

The Contractor's State License Board is the state agency responsible for administering these license laws, which include reviewing and investigating complaints made against contractors and administering disciplinary action against contractors found to have violated any aspect of the licensing provisions.

With this knowledge, let us move on. Agencies are responsible for specifying the classification of contractor’s license required to perform work on a specific public project in their bid solicitations and ensure only appropriately licensed contractors are awarded the construction contract.

In recent cases, I’ve seen agencies request an incorrect classification and award contracts to improperly licensed firms.

For example, I was contacted regarding a $600,000 plumbing contract requiring a C-36 licensure but awarded to a contractor with an A license only. I was asked if the A licensure can perform the work and what ramifications if any, would apply. The agency required a C-36 license in the bid documents. Several C-36 licensures submitted bids, along with one A licensure. The agency awarded the contract to the A licensure and work commenced.Plumber Plumbing City of Stockton Story

It is important to note that the scope of work required no engineering or specialty work that typically would be performed by an A licensed contractor. The contractor was working outside of their classification, which subjected them to penalties imposed by the Contractors State License Board. The agency failed to do due diligence during the review of bids, as the licensing error should have been caught with the contractor being deemed non-responsive. In this case, I met with the agency staff to report the violation and request that all work stop immediately, with the project going to a rebid.

Among the obvious, I explained that the A licensure was afforded a bidder’s advantage as no other A licensed contractor was allowed to bid the work. A level playing field is crucial in our industry. If you are a contractor, I am sure this scenario would anger you if your work were taken away by another contractor who cannot legally perform it. If you are an agency, you want to ensure that the contracting party has the knowledge, experience and expertise to perform your project correctly.

I hope that you can now put two and two together. For contractors and industry agents, when reviewing bid results, make sure you check the license classifications of the low bid contractors who submitted bids and the subcontractors listed for each portion of work. If you see a discrepancy in the licensing of other bidders, you should bring that to the attention of the agency and the CSLB. It may benefit you if your firm is awarded the contract!City Of Stockton Logo City of Stockton Story

If you are wondering what the outcome was with the agency that awarded the contract to the A contractor; they agreed to stop the work and rebid the contract. The contractor was reported to the CSLB, who is currently reviewing the case. The end result is that $600,000 worth of work will be available for appropriately licensed contractors!

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Bridging the Gap Without the App

by Patricia Rascon, Southwestern Regional Compliance Manager

For the first time in history our workforce is comprised of five different generations. The three main groups are Baby Boomers born 1946-1964, Generation X born 1965-1980, and Generation Y born between 1981-1995. Add in some of the Traditional generation born before 1945 and the now emerging Linkster’s born after 1995, and the question arises… how do we merge the generations in the workplace and create a cohesive team environment?

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An Introduction to the Act

by Shari Bacon, Southeastern Regional Compliance Manager

Many of you have asked me “where do I find the force account limit and bidding threshold,” so I thought it would be helpful to introduce you to the Act. The Uniform Public Construction Cost Accounting Act (the Act) is in the California Public Contract Code (PCC), in Sections 22000-22045. The Act is a voluntary program where public entities can elect to become signatory and opt in to raise their force account limit and bidding threshold to $45,000.

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Eddie Bernacchi Politico Group

2016 End of Year Legislative Report

By Eddie Bernacchi, Politico Group


The California Legislature wrapped up the 2016 legislative session on August 31st and sent a lastminute flurry of bills to the Governor’s office. Governor Brown spent his September reviewing the 1000 plus measures sent to him. When the dust settled, it was clear that our industry had an incredibly successful 2016 legislative session.

One of our biggest wins came in the form of addressing the transparency issues surrounding the atypical school construction procurement delivery method known as lease-leaseback. Ensuring this financing mechanism, that over the years has morphed into a construction delivery method, continued to work for the industry while also providing clear rules and protections for those who bid these types projects has long been a legislative priority for CIFAC.

We also brought home a victory in the area of promoting easier access to local agency meeting agendas which should save CIFAC staff time when monitoring and investigating local agencies. In addition, and as always, CIFAC took the leading role in defending the status quo when it comes to force account limits.

Enclosed is an overview of the pertinent legislation that was passed during the 2016 legislative session that will impact the construction industry. All of the newly enacted laws will become operative January 1, 2017, unless otherwise noted.

If you have any questions or comments, or would like additional information, please contact our office. You can reach us by email or by phone (916) 444-3770.

Complete text of legislation can be found on our website Look under “Find a Bill” in our quick links and enter the bill number.

Codes & Standards

AB 1928
AUTHOR: Campos D
TITLE: Water efficiency: landscape irrigation equipment.
SUMMARY: Extends the date from January 1, 2010, to January 1, 2019, by which the California Energy Commission (CEC) is required to adopt landscape irrigation equipment performance standards and labeling requirements. Additionally, prohibits the sale of new irrigation equipment on or after an effective date established by the CEC. Requires the CEC to consider recent advancements in landscape irrigation efficiency when developing the standards and requirements.
Chaptered by Secretary of State – Chapter 326, Statutes of 2016

AB 2208
AUTHOR: Santiago D
TITLE: Local planning: housing element: inventory of land for residential development. SUMMARY: This bill revises the definition of land suitable for residential development to include the airspace above sites owned or leased by a city, county, or city and county.
Chaptered by Secretary of State – Chapter 460, Statutes of 2016

SB 1414
TITLE: Energy.
SUMMARY: This bill directs the California Energy Commission(CEC) to approve a plan that will promote the installation of central air conditioning and heat pumps in compliance with Part 6 of Title 24 of the California Code of Regulations, and authorizes the CEC to adopt regulations consistent with the approved plan. This bill also prohibits an investor-owned utility (IOU) from paying out a rebate or incentive for energy efficiency upgrades unless the recipient proves closure of regulatory permitting and compliance for the purchase or installation of central air-conditioning or a heat pump, and their related fans.
Chaptered by Secretary of State – Chapter 678, Statutes of 2016

Collection & Lien – Prompt Pay

AB 626
TITLE: Public contracts: claim resolution.
SUMMARY: Industry sponsored legislation to create a fair and timely payment process for extra work performed on public works projects
Chaptered by Secretary of State – Chapter 810, Statutes of 2016

Contractors’ License Law

AB 1793
AUTHOR: Holden D
TITLE: Contractors: license requirements: recovery actions.
SUMMARY: Sponsored industry legislation that provides a court judicial discretion regarding unjust disgorgement requests pertaining to lapses in licensure by a contractor on clerical and technical ground.
Chaptered by Secretary of State – Chapter 244, Statutes of 2016

AB 2486
TITLE: Contractors’ State License Board: license search by location.
SUMMARY: This bill requires the Contractors State License Board, by January 1, 2019, to update its Web site to allow consumers to search for a licensed contractor by zip code or geographic locator.
Chaptered by Secretary of State – Chapter 270, Statutes of 2016

AB 2859
TITLE: Professions and vocations: retired category: licenses.
SUMMARY: Would authorize any of the boards within the Department of Consumer Affairs (including the Contractors State Licensing Board) to establish by regulation a system for a retired category of license for persons who are not actively engaged in the practice of their profession or vocation.
Chaptered by Secretary of State – Chapter 473, Statutes of 2016

SB 465
TITLE: Building construction: contractors: discipline: reporting: building standards.
SUMMARY: Permits the Contractors State Licensing Board (CSLB or Board) to enter into an interagency agreement with state or local agencies to ensure that the Board receives specified disciplinary information relating to a contractor in a timely manner; requires a licensee to report to the CSLB the occurrence of any conviction of any felony or crime related to contracting; requires the California Building Standards Commission to convene a specified working group and recommend any statutory changes or changes to the California Building Standards Code; requires the Division of Occupational Safety and Health (Division), after consultation with the CSLB, to transmit to the CSLB copies of any citations or other actions taken by the division against a contractor; and requires the CSLB to study to determine if the CSLB’s ability to protect the public would be enhanced by looking at legal settlements. The last provision, as introduced, unfairly threatened the reputation and record of contractors by requiring all legal settlements to be reported to the Contractors State License Board. The bill was amended at our request to make the settlement reporting requirement a three year voluntary program.
Chaptered by Secretary of State – Chapter 372, Statutes of 2016

SB 1039
TITLE: Professions and vocations.
SUMMARY: Updates the Contractors State Licensing Board (CSLB) fee structure so the CSLB can better protect consumers, and serve the industry.
Chaptered by Secretary of State – Chapter 799, Statutes of 2016

SB 1085
TITLE: Professional engineers: geologists and geophysicists: land surveyors.
SUMMARY: Current law makes the Board for Professional Engineers, Land Surveyors, and Geologists responsible for the certification, licensure, and regulation of the practice of professional engineering, the practice of professional geologists and geophysicists, and the practice of professional land surveyors. This bill requires an applicant for renewal to complete a board-administered online assessment to reinforce the certificate holder’s or license holder’s.
Chaptered by Secretary of State – Chapter 629, Statutes of 2016

SB 1165
AUTHOR: Cannella R
TITLE: Engineers, geologists, geophysicists, and land surveyors.
SUMMARY: That Professional Engineers Act generally permits certificates of registration as a professional engineer and certificates of authority, which authorize the use of specific titles, to be renewed at any time within 3 years after expiration. That act prohibits the renewal, restoration, reinstatement, or reissuance of these certificates unless the applicant meets certain requirements. This bill deletes the requirement that an applicant for licensure as a professional engineer pass the first division examination in order to sit for the 2nd division examination and deletes the requirement that an applicant for a certificate as an engineer-in-training successfully complete 3 years or more of postsecondary education or engineering experience, or a combination of both, before the applicant is eligible to sit for the first division examination.
Chaptered by Secretary of State – Chapter 236, Statutes of 2016

SB 1209
AUTHOR: Morrell R
TITLE: Contractors: discipline.
SUMMARY: Provides that citations issued by the Contractors State Licensing Board against a contractor, follow the contractor if he or she is issued a new or additional license.
Chaptered by Secretary of State – Chapter No. 152, Statutes of 2016

Environment & Energy

AB 33
TITLE: Electrical corporations: energy storage systems: long duration bulk energy storage resources.
SUMMARY: Current law requires the Public Utilities Commission to open a proceeding to determine appropriate targets, if any, for each load-serving entity, as defined, to procure viable and cost-effective energy storage systems to be achieved by December 31, 2020. This bill requires the commission to evaluate and analyze the potential for all types of long duration bulk energy storage resources to help integrate renewable generation into the electrical grid.
Chaptered by Secretary of State – Chapter 680, Statutes of 2016

AB 1142
TITLE: Mining and geology: surface mining.
SUMMARY: Revise and recast provisions of the Surface Mining and Reclamation Act of 1975 (SMARA) the reforms have been divided between SB 209 and AB 1142. AB 1142 contains the reforms relating to reclamation plans, financial assurances, inspections, and enforcement. The two measures provide more flexibility to counties, establishes a workable fee structure both for the department and the mine operators, and allows the Board of Mining and Geology to establish financial tests in lieu of surety bonds for financial assurances.
Chaptered by Secretary of State – Chapter 7, Statutes of 2016

AB 1637
TITLE: Energy: greenhouse gas reduction.
SUMMARY: The Public Utilities Commission (PUC) has regulatory authority over public utilities. Current law requires the PUC to require the administration, until January 1, 2021, of a self-generation incentive program for distributed generation resources and energy storage technologies. Current law authorizes the PUC, in consultation with the State Energy Resources Conservation and Development Commission, to authorize the annual collection of not more than the amount authorized for the program in the 2008 calendar year. This bill increases the maximum annual collection the PUC may authorize for the program to double the amount authorized for the program in the 2008 calendar year.
Chaptered by Secretary of State – Chapter 658, Statutes of 2016

AB 1923
TITLE: Bioenergy feed-in tariff.
SUMMARY: This measure, for the purposes of the bioenergy feed-in tariff, revises a generally applicable interconnection requirement for electric generation facilities. The bill also requires the Public Utilities Commission to direct the electrical corporations to authorize a bioenergy electric generation facility with an effective capacity of up to 5 megawatts to participate in the bioenergy feed-in tariff if the facility delivers no more than 3 megawatts to the grid at any time and complies with existing interconnection and payment requirements.
Chaptered by Secretary of State – Chapter 663, Statutes of 2016

AB 2693
AUTHOR: Dababneh D
TITLE: Financing requirements: property improvements.
SUMMARY: Creates the PACE Preservation and Consumer Protections Act by adding consumer protections to California’s Property Assessed Clean Energy (PACE) Program.
Chaptered by Secretary of State – Chapter 618, Statutes of 2016

AB 2800
TITLE: Climate change: infrastructure planning.
SUMMARY: Until July 1, 2020, requires state agencies to take into account the current and future impacts of climate change when planning, designing, building, operating, maintaining, and investing in state infrastructure. The bill, by July 1, 2017, and until July 1, 2020, requires the agency to establish a Climate-Safe Infrastructure Working Group for the purpose of examining how to integrate scientific data concerning projected climate change impacts into state infrastructure engineering.
Chaptered by Secretary of State – Chapter 580, Statutes of 2016

AB 2861
TITLE: Electricity: distribution grid interconnection dispute resolution process.
SUMMARY: Authorizes the Public Utilities Commission to establish an expedited distribution grid interconnection dispute resolution process, with the goal of resolving disputes over interconnection applications within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission. The bill also requires the commission to appoint a qualified electrical systems engineer with substantial interconnection expertise to advise the director of the energy division and to provide adequate commission staff to assist in resolving interconnection disputes.
Chaptered by Secretary of State – Chapter 672, Statutes of 2016

SB 7
TITLE: Housing: water meters: multiunit structures.
SUMMARY: Express the intent of the Legislature to encourage the conservation of water in multifamily residential rental buildings through means either within the landlord’s or the tenant’s control, and to establish that the practices involving the submetering of dwelling units for water service are just and reasonable.
Chaptered by Secretary of State – Chapter 623, Statutes of 2016

SB 209
AUTHOR: Pavley D
TITLE: Surface mining: financial assurances: reclamation plans.
SUMMARY: Revise and recast provisions of the Surface Mining and Reclamation Act of 1975 (SMARA) the reforms have been divided between SB 209 and AB 1142. SB 209 contains the reforms which formalize a new Division of Mines and Reclamation at the Department of Conservation that will be headed by a Supervisor of Mines and Reclamation. The two measures provide more flexibility to counties, establishes a workable fee structure both for the department and the mine operators, and allows the Board of Mining and Geology to establish financial tests in lieu of surety bonds for financial assurances.
Chaptered by Secretary of State – Chapter 8, Statutes of 2016

SB 734
AUTHOR: Galgiani D
TITLE: Environmental quality: Jobs and Economic Improvement Through Environmental Leadership Act of 2011.
SUMMARY: The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 authorizes the Governor, until January 1, 2016, to certify projects meeting the requirement that the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, for streamlining benefits provided by that act. The act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2017, then the certification expires and is no longer valid. The act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the environmental documents. The act is repealed by its own terms on January 1, 2017. This bill would extend the authority of the Governor to certify a project to January 1, 2018.
Chaptered by Secretary of State – Chapter No. 210, Statutes of 2016

General Industry

AB 908
TITLE: Disability compensation: disability insurance.
SUMMARY: This measure will increase the state’s compensation rates for lower income workers. The bill would increase the wage replacement rate for paid family leave (PFL) and State Disability Insurance (SDI) benefits from 55% to:
a) 70% for those who make up to 33% of the California average weekly wage.
b) 60% percent for those who make more than 33% of the California average weekly wage.
Employers are not affected as the cost is born by employees. The PFL program is part of the SDI program which is paid for by the proceeds of an employee payroll deduction which are deposited in the SDI Fund.
Chaptered by Secretary of State – Chapter No. 5, Statutes of 2016

AB 1963
AUTHOR: Calderon D
TITLE: Common interest developments: construction defects.
SUMMARY: Current law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, developer, or general contractor of a common interest development based upon a claim for defects in the design or construction of the common interest development. This bill deletes the inoperative and repeal dates and instead, makes these provisions inoperative on July 1, 2024, and repeals these provisions as of January 1, 2025.
Chaptered by Secretary of State – Chapter 71, Statutes of 2016

AB 2217
AUTHOR: Hadley R
TITLE: Notary public: service fees.
SUMMARY: Current law authorizes the Secretary of State to appoint and commission notaries public in the number that the secretary deems necessary for the public convenience. Current law prohibits fees charged by a notary public from exceeding specified amounts. This bill minimally increases those amounts.
Chaptered by Secretary of State – Chapter No. 133, Statutes of 2016

AB 2257
AUTHOR: Maienschein R
TITLE: Local agency meetings: agenda: online posting.
SUMMARY: The Ralph M. Brown Act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. This bill requires an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link.
Chaptered by Secretary of State – Chapter 265, Statutes of 2016

AB 2535
AUTHOR: Ridley-Thomas D
TITLE: Employment: wages: itemized statements.
SUMMARY: This bill clarifies wage stub reporting requirements for exempt employees.
Chaptered by Secretary of State – Chapter 77, Statutes of 2016

AB 2566
AUTHOR: Nazarian D
TITLE: Notaries public: acceptance of identification.
SUMMARY: Expands the list of acceptable non-state and foreign-issued documents that notaries public may reasonably rely upon as evidence to prove a person’s identity when acknowledging a written instrument.
Chaptered by Secretary of State – Chapter 762, Statutes of 2016

SB 66
TITLE: Career technical education.
SUMMARY: Would require the Department of Consumer Affairs to make available, upon request by the Office of the Chancellor of the California Community Colleges, information with respect to every licensee for the sole purpose of enabling the office of the chancellor to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved.
Chaptered by Secretary of State – Chapter 770, Statutes of 2016

SB 661
TITLE: Protection of subsurface installations.
SUMMARY: Industry negotiated legislation to create important reforms and increased utility company accountability related to California excavation safety and liability.
Chaptered by Secretary of State – Chapter 809, Statutes of 2016

Labor Relations

AB 1843
AUTHOR: Stone, Mark D
TITLE: Applicants for employment: juvenile criminal history.
SUMMARY: Prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law.
Chaptered by Secretary of State – Chapter 686, Statutes of 2016

AB 2288
TITLE: Apprenticeship programs: building and construction trades.
SUMMARY: Requires the California Workforce Development Board and each local board to ensure that funds respectively awarded by them for pre-apprenticeship training in the building and construction trades, fund programs and services that follow the Multi-Craft Core Curriculum implemented by the State Department of Education and that develop a plan to help increase the representation of women in those trades.
Chaptered by Secretary of State – Chapter 692, Statutes of 2016

Public Works

AB 326
AUTHOR: Frazier D>/br>
TITLE: Public works: prevailing wage rates: wage and penalty assessments.
SUMMARY: “Clean-up” legislation which clarifies that the Department of Industrial Relations (DIR) must return all funds paid to avoid liquidated damages in prevailing wage proceedings within 30 days following the conclusion of all administrative and judicial review on the case.
Chaptered by Secretary of State – Chapter 345, Statutes of 2016

AB 1926
AUTHOR: Cooper D
TITLE: Public works: prevailing wage: apprentices.
SUMMARY: Provides that, unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice to perform work on a public works project and requires the apprentice, upon arrival at the jobsite, to fill out an application or undergo testing, training or other pre-employment process, the apprentice shall be paid for the time spent on the required pre-employment activity.
Chaptered by Secretary of State – Chapter 746, Statutes of 2016

AB 2126
AUTHOR: Mullin D
TITLE: Public contracts: Construction Manager/General Contractor contracts.
SUMMARY: Current law authorizes the Department of Transportation to use the Construction Manager/General Contractor method on no more than 6 projects, and requires 4 out of the 6 projects to use department employees or consultants under contract with the department to perform all project design and engineering services. This bill authorizes the department to use this method on 12 projects and would require 8 out of the 12 projects to use department employees or consultants under contract with the department to perform all project design and engineering services.
Chaptered by Secretary of State – Chapter 750, Statutes of 2016

AB 2289
AUTHOR: Frazier D
TITLE: Department of Transportation: capital improvement projects.
SUMMARY: Current law requires the Department of Transportation to prepare a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system and that include capital projects relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. This bill adds to the program capital projects relative to the operation of those state highways and bridges.
Chaptered by Secretary of State – Chapter 76, Statutes of 2016

AB 2316
AUTHOR: O’Donnell D
TITLE: School facilities: leasing property.
SUMMARY: Eliminates the authority for school districts to issue a lease-leaseback contract without advertising for bid, establishes a competitive selections process for awarding lease-leaseback contracts, and ensures contractors will be paid for work on lease-leaseback contracts entered into prior to July 1, 2015, that may be found to be invalid by a court.
Chaptered by Secretary of State – Chapter 521, Statutes of 2016

AB 2374
TITLE: Construction Manager/General Contractor method: regional transportation agency: County of Placer: bridges.
SUMMARY: Current law authorizes regional transportation agencies to use the Construction Manager/General Contractor project delivery method, as specified, to design and construct certain expressways that are not on the state highway system if: (1) the expressways are developed in accordance with an expenditure plan approved by voters, (2) there is an evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method, and (3) the board of the regional transportation agency adopts the method in a public meeting. This bill authorizes the use of the Construction Manager/General Contractor method for the construction of 2 bridges in Placer County that are not on the state highway system.
Chaptered by Secretary of State – Chapter 753, Statutes of 2016

AB 2542
TITLE: Streets and highways: reversible lanes.
SUMMARY: Requires the Department of Transportation or a regional transportation planning agency, when submitting a capacity-increasing project or a major street or highway lane realignment project to the California Transportation Commission for approval, to demonstrate that reversible lanes were considered for the project.
Chaptered by Secretary of State – Chapter 525, Statutes of 2016

AB 2551
AUTHOR: Gallagher R
TITLE: Contract procurement: surface storage projects.
SUMMARY: Allow a local agency to use the construction manager at-risk, design-build, or design-build-operate method of delivery on a surface storage project. Contractors, who wish to bid on these projects, must guarantee that they will utilize a skilled and trained workforce.
Chaptered by Secretary of State – Chapter 760, Statutes of 2016

SB 693
TITLE: Public contracts: skilled and trained workforce.
SUMMARY: Consolidates and improves the state statutes regarding the skilled and trained workforce requirements for public contracts performed under certain alternative delivery methods.
Chaptered by Secretary of State – Chapter 774, Statutes of 2016

SB 954
AUTHOR: Hertzberg D
TITLE: Public works: prevailing wage: per diem wages.
SUMMARY: Clarifies that contracts may take credit towards prevailing wage for payment into industry advancement funds and labor management cooperation committees only if authorized under a valid collective bargaining agreement. If a contractor is not party to a CBA they must pay those contributions to the employee on their check.
Chaptered by Secretary of State – Chapter 231, Statutes of 2016

SB 957
TITLE: Health care districts: design-build process.
SUMMARY: Allows healthcare districts to use the design-build procurement process when contracting for the construction of a hospital or health facility building. Contractors, who wish to bid on these projects, must guarantee that they will utilize a skilled and trained workforce.
Chaptered by Secretary of State – Chapter No. 212, Statutes of 2016

SB 1214
TITLE: University of California: Best Value Construction Contracting Pilot Program.
SUMMARY: Current law authorizes, through January 1, 2017, a pilot program for the Regents of the University of California to contract for construction projects based on best value procedures; this bill extends the provisions of the pilot program until January 1, 2018.
Chaptered by Secretary of State – Chapter 788, Statutes of 2016

Tax & Fee

AB 1847
AUTHOR: Stone, Mark D
TITLE: Earned Income Tax Credit Information Act: California Earned Income Tax Credit.
SUMMARY: This bill expands the current employee notification requirement relating to the federal Earned Income Tax Credit(EITC) to include a reference to the California EITC.
Chaptered by Secretary of State – Chapter 294, Statutes of 2016

AB 1856
AUTHOR: Dababneh D
TITLE: Excise taxes: claim for refund: timely filed claims.
SUMMARY: This bill allows a taxpayer making installment payments on an outstanding liability on taxes administered by the Board of Equalization to file a single claim for refund to cover all prior overpayments and all subsequent overpayments.
Chaptered by Secretary of State – Chapter 98, Statutes of 2016

Workers’ Compensation

SB 914
AUTHOR: Mendoza D
TITLE: Workers’ compensation: medical provider networks: independent medical reviews.
SUMMARY: Repeals outdated references to certain medical treatment guidelines. Specifically, this bill deletes several references to the American College of Occupational and Environmental Medicine’s (ACOEM) treatment guidelines from the Labor Code.
Chaptered by Secretary of State – Chapter 84, Statutes of 2016

SB 1160
AUTHOR: Mendoza D
TITLE: Workers’ compensation.
SUMMARY: This Bill makes a series of changes to the operation and workers’ compensation utilization review (UR) processes, approval of UR processes, and lien filing and collection process.
Chaptered by Secretary of State – Chapter 868, Statutes of 2016

SB 1175
AUTHOR: Mendoza D
TITLE: Workers’ compensation: requests for payment.
SUMMARY: This bill requires that, for physicians treating injured workers in California’s workers compensation system, requests for payments for medical services or medical-legal services must be submitted within 12 months.
Chaptered by Secretary of State – Chapter No. 214, Statutes of 2016

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The Brown Act – Impacts Two Cities

By Patricia Rascon, Southwestern Regional Compliance Manager

CIFAC Educates Two Cities on Agenda Posting Requirements

(January 2017) What is transparency? Ballotpedia refers to it as, “Openness, accountability, and honesty define government transparency. In a free society, transparency is government’s obligation to share information with citizens. It is at the heart of how citizens hold their public officials accountable. Governments exist to serve the people.

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Lease Leaseback: This Foe May Be A New Friend

By Michelle Tucker, Central Regional Compliance Manager

A new law brings fairness to “lease leaseback” contracting. For many compliance agents and contractors in California, the mere mention of a “lease leaseback” school construction project spurred verbal groans and eyeball rolls.

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