SRBX created the Government Affairs/PAC Committee  which is currently working to review legislation, policy and regulatory changes that affect the construction industry at the state level.  We have tackled a number of issues, and some with great success.

The SRBX’s professional government relations staff work year-round to advocate for legislative measures that benefit our industry. We advocate in support of policies and regulatory measures that positively impact the building industry and leverage our relationships to educate and work to defeat measures that would adversely impact the building industry.

Our staff continuously monitors regulatory changes and new rule postings. When changes are proposed, SRBX staff and members participate in the process by providing comments and testimony in an effort to keep the building industry free from excessive regulation and fees.

SRBX will continue to fight for the construction and building industry with one voice. Your contribution to the PAC will help our fight.

New Laws for 2018
What Contractors Should Know...

AB 1701 (Thurmond): Labor-related liabilities

Summary: Holds a direct contractor jointly liable for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions owed to a wage claimant that is incurred by a subcontractor. When a subcontractor skips town or files for bankruptcy before paying their employees the wages and benefits they are due, employees have few remedies available to them under existing law.

AB 168 (Eggman) Salary Information/History
 Bans all employers, both private and public, from inquiring into an applicant’s salary history. The new law continues the expansion of equal pay protection in California.  In 2016, the law was changed to prohibit employers from using prior salary to justify a current disparity in compensation.  AB 168 imposes further restrictions and requirements regarding the salary history information of a job applicant.

Under AB 168, no employer may rely on an applicant’s prior salary history “as a factor in determining whether to offer employment . . . or what salary to offer an applicant.” Salary history information includes both an individual’s rate of compensation as well as other benefits. Moreover, an employer cannot—orally or in writing, directly or indirectly—seek this type of information about an applicant. Accordingly, employers and their agents can no longer ask candidates, or their current or former employers, what candidates have earned in the past. An employer must, upon reasonable request, provide an applicant with the pay scale assigned to the position sought.

AB 262 (Bonta): Public Contracts—bid specifications: Buy Clean California Act
Summary: Would require awarding bodies to require a prospective bidder to complete a standard form that states the cumulative amount of greenhouse gas emissions that were produced in the manufacturing of materials to be used on the project. Materials include: Concrete, flat glass, aluminum, iron, brass and steel. 2 years later asphalt is phased in.

AB 618 (Low) Local Agency Public Construction Act: job order contracting: community college districts.
Summary: The Local Agency Public Construction Act restricts job order contracting to school districts that have entered into a project labor agreement or agreements, as defined, that will apply to all public works in excess of $25,000 undertaken by the school district through at least December 31, 2021, regardless of what contracting procedure is used to award that work. The act requires job order contractors to submit a questionnaire to the school district containing specified information verified under oath. This bill would revise that restriction to restrict job order contracting under the act to school districts that have entered into a project labor agreement or agreements that will apply to all public works awarded through job order contracting and to all other public works that exceed a monetary threshold set by the school district.

AB 1066 (Aguiar-Curry): Defines public works to include but is not limited to, tree removal.
Summary: California Department of Transportation (Caltrans) must regularly contract for tree removal maintenance projects along state highways and rights-of-way. However, existing law does not specify that all tree removal projects are public works. Final project costs was over $17 million and went to out of state contractor paying prevailing wage.

AB 1111 (E. Garcia) Removing Barriers to Employment Act: Breaking Barriers to Employment Initiative 
Summary: Would enact the Removing Barriers to Employment Act, which would establish the Breaking Barriers to Employment Initiative within the Labor and Workforce Development Agency. The bill would require the initiative to be led by the Secretary of Labor and Workforce Development and authorizes the secretary to assign all or part of the administration of the initiative to one or more entities within the agency’s oversight, or to authorize another state agency, under specified conditions, to administer a portion of the initiative.

AB 1149 (Arambula) Workforce Investment Boards: Funding
Summary: Existing law requires local workforce investment boards to spend a minimum percentage of specified funds for adults and dislocated workers on federally identified workforce training programs and allows the boards to leverage specified funds to meet the funding requirements, as specified. Existing law authorizes a credit of up to 10% of that funding minimum for leveraged funds, which include Pell Grants and employment training panel grants. This bill would expand the types of services to which leveraged funds may be applied to include supportive services and would expand the types of leveraged funds that may be applied to the 10% credit, described above, to include specified federal, local, state, and private funds.

AB 1278 (Low) Contractor Licensing: Final Judgments 

Summary: Contractors (and other personnel on the license) who are sued in civil court are able to disassociate from the affected license prior to final judgment and become an officer (or other official of record) on another license. In essence, these unscrupulous contractors can continue to work under a new license, and avoid responsibility for the judgment based on the activities when they were associated with the license. This bill prevents a qualifying individual or personnel of record from jumping onto another license once a judgment is entered against that qualifying individual or personnel of record by automatically suspending the license. To provide due process protections, AB 1278 this bill allows the licensee to lift the suspension by providing proof that the judgment is under.

AB 1336 (Mullin) California Workforce Development Board
Summary: Would require the California Workforce Development Board to determine the approach for measuring labor market impacts, provided that, to the extent feasible, the board uses statistically rigorous methodologies to estimate, assess, and isolate the impact of programs on participant outcomes. The bill would modify the requirement that the workforce metrics dashboard be produced using existing available data and resources that are currently collected and accessible to state agencies, to require that it be done to the extent feasible.

AB 1424 (Levine): University of California-Best Value Construction Contracting Program
 Current law creates a Best Value Construction Contracting Pilot Program for the Regents of the University of California to award construction contracts based on the best value procedures, as specified. This bill, with certain exceptions, would prohibit a best value entity from being prequalified or shortlisted unless that entity provides an enforceable commitment to the regents that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with existing skilled and trained workforce requirements.

SB 418 (Hernandez) Skilled Trained Workforce
 If signed, SB 418 will change the graduation requirements for some (but not all) trades under Skilled and Trained Workforce. Completely exempt from any graduation requirement will be teamsters. Then, for acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher, the graduation requirement is capped at 30% (never increasing to 60% as for the other trades).

SB 486 (Monning) Contractors State License Law: Letter of Admonishment
Summary: This bill authorizes the Contractors State License Board (CSLB) and its Registrar of Contractors (Registrar) to issue a written and detailed letter of admonishment to an applicant, licensee, or registrant, instead of issuing a citation, when an investigation gives the Registrar probable cause to believe that a licensee, registrant, or applicant has committed acts or omissions that are grounds for denial, suspension, or revocation of a license or registration.

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