from Kevin J Pedrotti, Legislative Advocate of the Golden State Builders Exchanges
The Bill Mill Gets into Action
The legislature’s various policy committees have started to take action on bills introduced this legislative year. There will be considerable policy committee hearings and votes through April and into early May. Listed below are several bills of significance that were acted upon this week:
Regulatory Review
AB 1833 (Logue) - Requires the California Environmental Protection Agency (CalEPA), the Division of Occupational Safety and Health (DOSH) and the State Air Resources Board (ARB) to complete an economic impact analysis (analysis) prior to adopting, amending, or repealing an administrative regulation. CalEPA, DOSH, and ARB are currently required to complete an economic impact analysis before they may promulgate a new regulation. However, these analyses outline only the cost to implement the regulation and not the financial impact to businesses who must comply with this new rule. AB 1833 expands the scope of the economic analysis to include the potential harm to businesses. Bill failed passage in Assembly Business, Professions and Economic Development Committee.
(Note: Assemblyman Logue is sponsoring a ballot effort to suspend AB 32 (green house gas measure) until unemployment is reduced to a specified number of 5 consecutive quarters.)
SB 960 (Dutton) - Seeks to accomplish greater accountability in the creation of ARB regulations by requiring that the independent, non-partisan [LAO] conduct an economic analysis of all new ARB regulations with an expected cost of $10 million or more. The bill would require the LAO to determine whether or not the regulations are cost effective and technologically feasible. Bill failed passage in the Senate Environmental Quality Committee.
Bid Notice
AB 2161 (Fong) - Requires a school district letting a school construction contract of $15,000 or more to post a notice calling for contract bids on the district's Internet Web site or through an electronic portal in addition to print notice requirements. SB 1464 (Karnette) of 2004, authorized (did not require) posting of the contract notice on the district's Internet Web site or through an electronic portal; the Assembly Education Committee analysis of that bill stated that, "Allowing posting of bids on Web sites, in addition to existing notice requirements in newspapers, provides school districts and bidders the opportunity to become comfortable with electronic bidding procedures using the latest technology to advertise, open and post contractor proposals.” The committee analysis of AB 2161 stated since districts appear to both be using electronic means to distribute bid notices and to feel that electronic distribution serves their interests, it is unclear that a movement from the current authorization to the proposed mandate would substantially increase the volume of bid notices posted on the Internet. Bill passed the Assembly Education Committee.
(Note: GSBE has members who support, oppose and otherwise on this measure.)
CSLB
AB 2332 (Eng) - Authorizes the Contractors State License Board (CSLB) to suspend or deny a contractor's license to a licensee who fails to resolve tax liabilities assessed by the Board of Equalization (BOE). Current law does not authorize BOE to request CSLB to suspend a contractor's license for failure to pay any outstanding taxes, penalties, interest, or fees. By authorizing BOE to request CSLB to deny or suspend a contractor's license for failure to resolve any outstanding final tax or fee liabilities, BOE would place the agency on equal footing with FTB and EDD, in addition to promoting joint enforcement action among the three tax collection agencies. CSLB supports the bill. GSBE has an oppose position. Bill passed the Assembly Business and Professions Committee.
SB 1254 (Leno) - Authorizes the registrar of the Contractors State License Board to issue a stop order to any unlicensed contractor who as an employer who has failed to secure workers' compensation insurance coverage for his or her employees; establishes procedures to request a hearing to protest a stop order; authorizes the Director of the Department of Consumer Affairs to designate 12 persons as peace officers for assignment to the special investigations unit of the Board (there are currently only 3 in this position). Co-sponsored by Marin Builder Associations and CSLB. The bill passed the Senate Business and Professions Committee.
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