Citizen Architect

The call for Citizen Architects is well underway and nearly 100 individuals who serve their communities as an elected or appointed official have responded. The goal of the program is to identify further opportunities for engagement, public outreach and contacts for and with those who affect significant change – ultimately elevating individuals into elected positions to be the policy makers for their communities. Read more: http://www.aiacc.org/2018/10/10/citizen-architect/

Chapter Advocacy Liaison Network

The Advocacy Liaison Network met virtually for the first-time last week. The group comprises one representative from each component who has a passion for influencing public policy to improve the practice of architecture. The Network will exchange ideas, engage chapter members, identify needs for training and resources, and help coordinate advocacy initiatives at the grassroots level. The AIACC’s Government Relations team intends to work with the Advocacy Liaison’s to develop and provide the advocacy liaison information, tools, and support to assist chapters in its local advocacy strategy. Contact Melissa Barton/mbarton@aiacc.org

New Employments Laws You Should Know

In 2018 the Legislature passed, and the Governor signed, several bills that enact new employment laws which go into effect January 1, 2019. These significant new laws are:

* Lactation Accommodation

AB 1976 (Limon) requires employers to make reasonable efforts to provide a location, other than a bathroom, for employees to express milk. Deems employers to be in compliance if they meet certain criteria, including that the location be used only for lactation accommodation while the employee expresses milk.

* Salary History Information

AB 2282 (Eggman) clarifies provisions of legislation enacted last year regarding the use of salary history information in hiring and salary setting. Among the employer-friendly amendments, clarifies that it is permissible to ask prospective employees what their salary expectations are, and permits employers to base salaried on prior salaries as long as disparities are based upon bona fide factors, such as merit or seniority.

* Privileged Communications

AB 2770 (Irwin) clarifies that a privilege exists to for employers to communicate with interested parties non-malicious information about credible sexual harassment complaints, including whether the employer whether a decision about re-hiring relates to a sexual harassment complaint.

* Right to Testify

AB 3109 (Stone) makes unenforceable provisions in a settlement agreement which forbid a waiver of a party’s right to testify in an administrative or judicial proceeding.

* Settlement Agreement Confidentiality

SB 820 (Leyva) prohibits provisions in settlement agreements which prevent the disclosure of factual information concerning claims of sexual harassment made in connection with a civil or administrative action.

* Wage Records

SB 1252 (Pan) expands current law which requires employers to permit inspection of wage records by current and former employees to also provide copies of those records.

* Discrimination and Harassment

SB 1300 (Jackson) is a very significant bill which prohibits conditioning a raise or bonus on signing non-disclosure or non-disparagement agreements, broadens liability on employers for any form of harassment of employees, volunteers and interns, and prohibits payment of attorneys fees to prevailing defendants unless the action was deemed frivolous.

* Sexual Harassment Training

SB 1343 (Mitchell) broadens current law which requires two hours of training of supervisors on sexual harassment by employers with 50 or more employees to now additionally require one hour of training for all employees every two years. Importantly, requires the Department of Fair Employment and Housing to develop and post one and two-hour training videos for use by employers.

New Independent Contractor Test You Should Know

Earlier this year the California Supreme Court issued a ruling that significantly changes the test used to determine whether a worker was an independent contractor. The old test weighed nine different factors to account for the variety of California industries and professions. The new test uses three factors, all of which must be met, in order for a worker to be legally recognized as an independent contractor.

The Legislature will be asked in 2019 to modify this new test, which the AIACC will follow closely and, if directed by the AIACC Board of Directors, will actively lobby.

For your information, here is a description of the new independent contractor rules prepared by Collins Collins Muir + Stewart.

For more information, please contact our Director of Government Relations Mark Christian, Hon. AIACC (mchristian@aiacc.org or 916-642-1708) or our Government Relations Program Coordinator Melissa Barton (mbarton@aiacc.org or 916-642-1711)

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 8^th. 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.

By Mark Christian and Melissa Barton

Live/Work Units

The AIACC Government Relations team provided an assist to Ric. Abramson, FAIA yesterday while he was in Sacramento testifying in support of AB 565.  This bill will require the building standards codes to have updated and more clarification of the definitions of live/work units.  The purpose of AB 565 is to create more certainty for those who design and develop these units.  Abramson realized the need for this clarification when he designed and developed his own live/work space, and approached his State Assemblyman, Richard Bloom (D – Santa Monica) with a proposed solution.  Bloom recently amended Abramson’s solution into AB 565, which was approved yesterday by the Senate Transportation and Housing Committee with a 12-0 vote.

You can read AB 565 here.

You can read the legislative analysis of AB 565 here (read the Senate Transportation and Housing analysis).

Sales Tax on Services

In our May Advocacy Update we reported that the bill to impose a sales tax on services, including architectural services, would have another hearing in June.  The hearing date has been changed to August 8.  This will be an informational hearing only; no vote will be taken.  Even though there will be no vote on whether to impose that sales tax this year, we know this effort is a serious one and likely will return next year with a new legislation.

Limited Liability Partnerships

The good news continues. Our effort with American Council of Engineering Companies (ACEC), California to extend the sunset date on the law that allows architectural, engineering, and land surveying firms to organize as Limited Liability Partnerships.  SB 920 passed the Assembly Business and Professions Committee last week on a 17-0 vote. SB 920 only has a few more votes before it is sent to the Governor for his consideration.  We expect the Legislature to send it to Governor Brown in August.

Citizen Architect

The Citizen Architect program is underway. A working group has been assembled to identify the tools needed for architects who are in public service to identify one another. This program will serve as a resource to assist them in carrying out their public duties. Citizen Architect recommendations can be sent to Melissa Barton.

School Bonds
Even though the voters have approved several billion in school facility bonds, and there is a large backlog of projects awaiting funding, Governor Brown has proposed an insufficient sale of school facility bonds. The AIACC has joined the Coalition for Adequate School Housing (CASH), and several business organizations in calling for the release of enough bonds to meet the current needs. Both houses of the Legislature are considering requiring more bonds to be sold than the Governor has proposed, but the coalition is asking for more. CASH has created a site where you can ask your legislators to require to issuance of more bonds. Please go there and let your voice be heard.

Seismic Safety Building Codes

AB 1857 (Nazarian) is making its way through the legislative process. The bill requires the California Building Standards Commission to establish a working group to determine whether California’s building codes should reflect a functional recovery standard which would allow for the reoccupation of buildings after a seismic event. The coalition that has worked to amend the bill to its current form, and that will provide advice to the Department of Housing and Community Development and the Building Standards Commission for their consideration and possible action, includes the AIACC and groups that represent the building industry, property managers and building owners, and realtors.

You can read AB 1857 here, and the legislative analyses here.

Repeal of Gas Sales Tax

The November ballot will include an initiative to repeal the recently enacted gas tax increase.  The repeal of this tax would affect infrastructure, some of which would involve architects. Polls show that the gas tax repeal initiative may pass, which would impact the Governor’s plan to improve the state’s infrastructure.

Governor’s Budget

Governor Brown will sign the State Budget June 27. This will be his final budget. The May Budget Revision included funds for infrastructure. We will not know if the line items in the Budget Proposal will survive the Governor’s blue pen until after June 27. An update will soon be posted.

Capitol Annex Remodel

Governor Brown has plans to renovate an antiquated portion of the State Capitol Building. Assembly Rules Committee Chair, Ken Cooley, is spearheading the process and argues that the 66-year-old Annex is not cohesive with the historic building and restricts access to the disabled, and poses other safety hazards. The AIACC discussed this project with Assemblyman Cooley in May, at his request.

An architectural firm was hired to create a planning study for the possible renovations. The report, prepared by CHSQA, states “The new Capitol Annex should strive to be an icon of sustainable design and amongst the most energy efficient Capitol buildings in the nation.” The report encourages lawmakers to consider building a larger structure that would improve safety, expand the workspaces, and offer visitors an educational experience about California government. The report can be viewed here: The website for the Capitol Annex Project is available here.

May has been a busy month for the Government Relations team. The bill to impose the sales tax on services, including architectural services, had its first hearing… and no vote was taken on the bill! Our bill to extend the sunset date on the law that allows architectural, engineering, and land surveying firms to organize as Limited Liability Partnerships passed the State Senate and will have its first hearing in the State Assembly in June.
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