The 2017-18 Legislative Session has ended and Governor Brown has signed or vetoed the last of the bills sitting on his desk.
With this update we will talk about some of the important issues considered by the Legislature this year, and by the Governor during the last month. We will also update you on the development of our legislative agenda for 2019, and some of the other programs we are working on that will be “up and running” in 2019.
2018 Legislative Update.
Governor Signs AB 565
Ric. Abramson, FAIA has done it again. For the second time he has come up with a good idea on how to improve state law. In 2013 Ric. developed an idea to better protect both an architect’s Instrument of Services and the architect. With the help of the AIACC, that idea became a bill that was signed into law.
This year Ric., based on his experience designing and developing a live/work unit, realized that the building standards code needed improved definitions of live/work. Ric.’s proposal was introduced as AB 565 and was signed into law by Governor Brown on September 20.
Sunset Date for Limited Liability Partnerships Extended.
The AIACC and ACEC California jointly sponsored legislation this year to extend the sunset date on the law that allows architectural, engineering, and land surveying firms to organize as Limited Liability Partnerships. Absent our effort A/E/LS firms would have had to reorganize their business structure. Governor Brown signed SB 920 into law in July, extending that sunset date by seven years.
Sales Tax on Services
Once again legislation was introduced to impose a sales tax on services, including architectural services. The AIACC was an active member of the coalition opposing SB 993. And once again, this proposal was not brought up for a vote. SB 993 was presented and heard in Committee, but no vote was taken. We believe there is a good chance this proposal could come back next year. Again.
And for your information …
… here is some data on the Governor’s reaction to legislation that reached his desk during this third and fourth terms as Governor of California.
Planning for 2019
The AIACC Advocacy Advisory Committee (AAC) is meeting on Monday, October 8 to develop a proposed 2019 advocacy agenda for consideration by the AIACC Board of Directors. The AAC will review the results of the AIACC advocacy survey for ideas, and consider proposals submitted by Members.
Last year’s Board of Directors did approve two proposals that we are working on for 2019.
Conflict of Interest (Government Code Section 1090)
The Fair Political Practices Commission recently opined that an architectural firm that provides scoping/planning work for a public client is not eligible for any follow-on contract for projects that result from the scoping/planning work. The FPPC opines that such a follow-on contract is a conflict of interest pursuant to Government Code Section 1090.
Worse, according to Government Code Section 1097.3, any firm that currently is providing services under a follow-on contract (now considered a conflict of interest) may be subjected to a civil penalty up to “three times the value of the financial benefit received.”
The AIACC is working with ACEC California to develop language and build a coalition that includes public sector entities for legislation in 2019 to once again allow follow-on contracts.
Department of Industrial Relations Registration
The AIACC will seek a legislative remedy to the new requirement that all parties competing to work on a public works project register with the Department of Industrial Relations (DIR).
The state enacted a law in 2014 that requires entities working on public works projects, and that are required to pay a prevailing wage, to register with the DIR. That registration includes a fee (now $400 per year) that is used to fund the DIR program to oversee and administer the prevailing wage laws in California.
The law was always understood to require only those whose contract included work subject to a wage order (prevailing wage requirement) to register with the DIR.
Last year, however, another bill was enacted that is now being used to require ALL who compete for a public works contract to register with the DIR, regardless of whether the service being provided is subject to a wage order. Thus, architects are now being told they must register and, if they are currently providing services and not registered, they are subject to a $2,000 fine.
An Update on the Development of Some Good Programs
Citizen Architect Program
AIACC is trying to identify architects who serve their communities as elected or appointed officials, such as elected members of a city council or school board, appointed members of a planning commission, or a design review board who could participate in the AIACC Citizen Architects program. The goals of the Citizen Architect program are to make significant efforts to identify opportunities for the Citizen Architect to get involved in their local community, acquire leadership positions, announce vacant opportunities, finding or creating networking and collaboration opportunities that will insert our citizen architects to the forefront, and a forum to learn about each other and assist them in carrying out their public duties. A formal Call for Citizen Architects will commence October 8th. Contact Melissa Barton, AIACC Government Relations Program Coordinator at 916-642-1711/mbarton@aiacc.org
AIACC Advocacy Network
The AIACC has assembled a group of individuals from each California Chapter who has a passion for influencing public policy to improve the practice of architecture and assist with AIACC’s efforts to shape the political landscape and improve the built environment from the grassroots or local level.
The chapter advocacy liaison can be effective by monitoring and reporting policy issues relevant to their chapter, receiving news from the AIACC, helping to coordinate local advocacy initiatives, and providing feedback on how AIACC can better serve chapters on advocacy issues.
The Advocacy Network is about to embark upon the development of tools and identification of resources to support chapters in its local advocacy strategy.