Spring 2023 IRCC Member Report
Pacific Advocacy Group
New Member of CSLB Governor Newsom appointed Amanda Gallo, Oakland, Democrat, management analyst in the Fremont City Manager's Office, to the Contractors State License Board. Salary: $100 per diem. She was a Senior Policy Analyst at the Santa Clara County Housing Authority from 2014 to 2018. Gallo is a member of the Municipal Management Association of Northern California, Emerge California, and the New Leaders Council – in Oakland. She earned a Master of Business Administration degree from Santa Clara University and a Bachelor of Arts in Legal Studies from the University of California, Berkeley. This position requires Senate confirmation.
Reappointed to California Apprenticeship Council: Mark Burri, Burlingame, Democrat, business manager, Plumbers & Pipefitters Local Union 467 since 2016; Yvonne de la Pena, Elk Grove, Democrat, executive director, California Firefighter Joint Apprenticeship Committee since 1990; Richard Harris, Villa Park, Republican; president, Residential Contractors Association since 1987; Sheri Learmonth, San Leandro, Republican, CEO, Bay Point Control Inc. since 2018; Louis Ontiveros, Riverside, Democrat, director of training, Southwest Carpenters Training Trust since 2017; Jason Rafter, Nicolas, Democrat, ironworkers apprenticeship director for I.E.B.C. since 2021; Paul Von Berg, Newport Beach, no party preference, former executive vice president, Brutoco Engineering and Construction Inc. Salary: $100 per diem.
Legislative Calendar:
April 10 – Legislature reconvenes
April 28 – Last day for policy committees to hear fiscal bills
May 5 – Last day for policy committees to hear non-fiscal bills
May 12 – Last day for policy committees to meet before June 5
May 19 – Last day for fiscal committees to hear and report to the floor bills introduced in their house
June 2 – Last day for each house to pass bills introduced in that house
Legislation
Apprenticeship
SB 332 ( Cortese, D) It would require the Department of Industrial Relations (DIR) to evaluate the effectiveness of the requirement for schools to notify each apprenticeship program in the same county of a career or college fair. (Based on 03/28/2023 text) 02/15/2023 - Senate L., P.E. & R.
Bonds
AB 247 ( Muratsuchi, D) Would put the Kindergarten Through Community College Public Education Facilities Bond Act of 2024 as a state general obligation bond act providing an unspecified amount to construct and modernize education facilities. This bond act would become operative if approved by the voters in a 2024 statewide election. No PLA language in the bill (unlike SB 28). (Based on 04/03/2023 text) 02/02/2023 - Assembly ED.
Business Issues
SB 279 ( Niello, R) This bill would require a state agency to provide a minimum 21-day public comment period to determine whether the proposed adoption, amendment, or repeal of a regulation would be a “major regulation” that requires a standardized regulatory impact analysis. (Based on 03/21/2023 text) 03/29/2023 - Senate G.O.
SB 394 ( Gonzalez, D) Would require the State Energy Resources Conservation and Development Commission to develop a Master Plan for Healthy, Sustainable, and Climate-Resilient Schools on or before November 1, 2024. The bill would require the commission to consult with specified state agencies and engage with diverse stakeholders and experts to develop the master plan, as provided. The bill would require the master plan to include specified elements, including, but not limited to, Recommendations to ensure that local educational agencies have access to sufficient technical assistance, professional learning, training programs, and pipelines of sustainability and climate-resilience personnel to implement decarbonization and adaptation plans that include high road labor standards, project labor agreements with unionized workforces, workforce development, and training opportunities. (Based on 03/13/2023 text) 03/22/2023 - Senate E. U., & C.
CEQA
SB 393 ( Glazer, D) This bill requires a CEQA plaintiff to disclose any contributions he or she has received of $1,000 or more to help fund the legal action. It also prevents a CEQA action from being filed against a housing project that was included as part of a larger plan or project already approved under CEQA. (Based on 04/10/2023 text) 03/15/2023 - Senate JUD.
SB 794 ( Niello, R) This bill requires CEQA actions challenging a commercial, housing, or public works project that has at least $25 million invested in it to be resolved within 365 days of filing. It also requires a CEQA plaintiff to disclose any contributions he or she has received of $100 or more to help fund the legal action. (Based on 03/20/2023 text) 03/01/2023 - Senate E.Q.
CTE
AB 377 ( Muratsuchi, D) Requires the consolidation of specified K-12 career technical education (CTE) programs, increases ongoing funding for the Career Technical Education Incentive Grant program (CTEIG), administered by the California Department of Education (CDE), to $450 million per year; requires specified CTE staffing at the state and regional level to support local CTE programs and pathways; and deletes authorization for the K-12 Strong Workforce Program (SWP) administered by the Chancellor of the California Community Colleges (CCCCO). Also, requires the CDE to establish a stakeholder workgroup to consider improvements to the CTEIG program. (Based on 03/01/2023 text) 03/23/2023 - Assembly HIGHER ED.
Elections
AB 421 ( Bryan, D) Progressive politicians and their allies, particularly labor unions, dislike business use of ballot measures to thwart their legislative gains. AB 421 will require that unpaid volunteers gather at least 10% of signatures on all referenda and on initiatives seeking to repeal or amend recently enacted laws. Assembly Bill 421 also would require paid signature gatherers to undergo mandatory training, register with the state for the specific measures they are presenting to voters, wear badges, and use unique identification numbers that would allow their petitions to be traced back to them. It is a blatant attempt to disenfranchise Californians and help out partisan special interest backers. The bill would also change the way that referendum questions are presented on the ballot. Currently, a “yes” vote is to uphold the law and a “no” vote is to repeal the law. (Based on 03/23/2023 text) 03/23/2023 - Assembly ELECTIONS
SB 858 ( Niello, R) This bill would require the Legislative Analyst to replace the Attorney General in preparing a circulating title and summary of an initiative or referendum measure, which includes an estimate of the financial impact. This would only happen if the voters approve SCA 3 in the 2023-24 Regular Session. (Based on 03/20/2023 text) 03/01/2023 - Senate E. & C.A.
Housing
AB 930 ( Friedman, D) Would authorize the legislative bodies of 2 or more local governments, defined to include a city, county, special district, or transit agency, to jointly form a Reinvestment in Infrastructure for a Sustainable and Equitable California district (RISE district) in accordance with specified procedures. The bill would require the Office of Planning and Research (OPR) to develop standards for the formation of RISE districts no later than November 30, 2025. The bill would provide for the establishment of a governing board of a RISE district with representatives of each participating local government. (Based on 02/14/2023 text) 03/02/2023 - Assembly L. GOV.
AB 1169 ( Wilson, D) Wuld require the Department of Housing and Community Development to administer a program to provide financing assistance for the creation of affordable rental housing for employees of a qualified school district, as defined. The bill would require financing of rental housing assistance be in the form of specified types of loans. The bill would require the department, when making loans to qualified developers under these provisions, to establish and use a project selection process that meets specified requirements. The bill would create in the State Treasury the California School Employee Housing Assistance Fund for these purposes. The bill would make implementation of these provisions subject to appropriation by the Legislature. (Based on 03/02/2023 text) 03/02/2023 - Assembly H. & C.D.
SB 4 ( Wiener, D) The bill would make projects on land owned by an independent institution of higher education or a religious institution "use by right" so that local governments can approve them as long as the development meets specific standards. This includes making sure the units are affordable and provide off-street parking. It also allows for ancillary uses on the ground floor. The bill would also give developers incentives and concessions. The bill would not require the California Environmental Quality Act (CEQA) for ministerial approval of projects. (Based on 03/28/2023 text) 03/22/2023 - Senate GOV. & F.
SB 423 ( Wiener, D) This bill eliminates the sunset on SB 35 (Wiener, Chapter 366, Statutes of 2017) and makes other changes (Based on 03/28/2023 text) 03/22/2023 - Senate GOV. & F.
SB 584 ( Limón, D) Would enact the Laborforce Housing Financing Act of 2023, and define “laborforce housing” as housing that, among other things, is owned and managed by specified entities solely for the benefit of residents and households unable to afford market rent, and whose residents enjoy certain protections. The bill would establish, in the State Treasury, the Laborforce Housing Fund, to be continuously appropriated to the department, for the creation of laborforce housing and other specified housing projects by public entities, local housing authorities, and mission-driven nonprofit housing providers. (Based on 03/21/2023 text) 03/29/2023 - Senate HOUSING
Labor Law
SB 592 ( Newman, D) This bill would prohibit the imposition of punishment or liability for costs upon a person who has relied upon a published opinion letter or an enforcement policy, as defined, of DLSE that is displayed on the internet website of the division, except for restitution of unpaid wages, for violations of statutes or regulations in judicial or administrative proceedings if the person pleads and proves specified facts. The bill would require a person asserting this defense to have acted in good faith, to have relied upon, and conformed to, the applicable opinion letter or enforcement policy, and to have provided true and correct information to the division, among other things. (Based on 02/15/2023 text) 02/22/2023 - Senate L., P.E. & R.
Licensure
AB 1383 ( Ortega, D) This bill would require the CSLB to adopt regulations by January 1, 2025, that prevent people who are not in compliance with a child support order or judgment from getting a license. Furthermore, the bill requires licensees to notify the registrar of the board in writing if they have an earnings assignment order for child support, and failure to do so after 120 days would result in the automatic suspension of the license. The regulations would also provide procedures for the suspension of the license if the licensee is out of compliance with an order of support requiring them to pay unsatisfied arrearages. (Based on 02/17/2023 text) 03/09/2023 - Assembly B.&P.
SB 601 ( McGuire, D) This bill would require that a home improvement contract by a prime contractor for the reconstruction, restoration, or rebuilding of a residential property that was damaged or destroyed by a natural disaster, as specified, include a specified provision requiring the prime contractor to file separate performance and payment bonds that meet prescribed criteria. (Based on 03/22/2023 text) 03/29/2023 - Senate B., P. & E.D.
SB 630 ( Dodd, D) This bill would require an applicant, registrant, or licensee that has a valid email address to provide the CSLB with that email address at the time of application or renewal, as applicable. (Based on 02/16/2023 text) 04/10/2023 - Senate JUD.
SB 802 ( Roth, D) This bill permits the CSLB to deny a license if the applicant or licensee has been subject to formal discipline or convicted of a crime related to their job or profession. (Based on 02/17/2023 text) 04/10/2023 - Senate CONSENT CALENDAR
Practice
SB 778 ( Ochoa Bogh, R) This bill, among other changes, would revise the definition of “subsurface installation” to include nonpressurized sewer lines, nonpressurized storm drains, and other nonpressurized drain lines. The bill would revise requirements for notifying operators of subsurface installations within a proposed area of excavation, would specify conditions under which an excavator is required to contact the regional notification to request a return trip, and would revise requirements for an excavator to use vacuum equipment. Then inaccurate field mark. (Based on 02/17/2023 text) 04/10/2023 - Senate GOV. & F.
Public Works
AB 587 ( Rivas, Robert , D) Requires any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund or joint-labor management committee, to be on forms provided by the Division of Labor Standards Enforcement (DLSE) or have the same information as the forms provided by DLSE. Additionally, this bill clarifies that electronic certified payroll records cannot be used to satisfy payroll record requests made by Taft-Hartley trust funds and joint labor-management committees. (Based on 02/09/2023 text) 03/22/2023 - Assembly APPR.
AB 1121 ( Haney, D) This bill would require awarding authorities to add the names of any contractors who have been suspended or debarred to DIRs electronic project registration database. (Based on 03/20/2023 text) 03/22/2023 - Assembly APPR.
AB 1204 ( Holden, D) In short, this bill forbids a contractor from contracting with 2 or more subcontractors with the same license classification, unless they accredit those subcontractors with individuals in that license classification. Violations of this bill are subject to disciplinary action by the Board. (Based on 02/16/2023 text) 03/02/2023 - Assembly B.&P.
SB 830 ( Smallwood-Cuevas, D) This bill would expand the definition of “public works” to include an offsite, custom fabrication of sheet metal ducts or similar sheet metal products for heating, ventilation, and air conditioning systems produced as a nonstandard item solely and specifically designed and engineered for installation in a project. (Based on 03/27/2023 text) 03/01/2023 - Senate L., P.E. & R.
Workers Comp
AB 336 ( Cervantes, D) This Iron Workers-sponsored bill would require a contractor who has on file with the CSLB, a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance or is required to provide those certificates, to certify on the license renewal form the workers’ compensation classification codes endorsed on the licensee’s policy, as specified, and would prohibit renewal without that certification. The author, sponsor, and supporters of this bill contend that unscrupulous contractors do not purchase the appropriate workers' compensation policies for the type of work they do. In an effort to curb that unlawful practice, this bill would require CSLB to collect a licensee’s workers’ compensation insurance classification codes at the time of license renewal. Although workers’ compensation insurance is a condition for licensure for those contractors who have employees—and soon to be all contractors regardless of the number of employees—CSLB is not responsible for enforcing the state’s labor laws and therefore does not verify that contractors have an appropriate workers’ compensation insurance policy for the work that their employees do. Consequently, this bill is unlikely to affect enforcement. Any reduction in insurance fraud is likely to be contingent upon any deterrent effect created by this bill. Although this bill would make licensees’ workers’ compensation insurance classification codes available to consumers by posting them online, this additional information is not likely to be helpful to the average consumer with limited knowledge of the construction industry, workers’ compensation insurance, or industry-specific classification codes. (Based on 03/23/2023 text) 03/02/2023 - Assembly B.&P.