Construction Industry Faces New Laws in 2019 By Brad Barnum, AGC Executive Vice President
Governor Jerry Brown signed 1,295 new laws in 2018, and on January 1, most of this legislation will be enacted. As a contractor and a company doing business in California, you will be impacted by several of these laws in 2019 and beyond. Below is a summary from AGC’s Legislative Advocates in Sacramento. The descriptions are not intended to cover every aspect of the legislation - only the highlights - so it is recommended that specific bill language be reviewed for complete details. For a copy of the legislation and a complete analysis, please access the State Legislature’s legislative website at www.leginfo.legislature. ca.gov. Type in the bill number, then click the “go” icon. Under "Session Year" click on "2017-2018,” then hit “search.” Please contact AGC’s Legislative Advocates, Felipe Fuentes, Paul Gladfelty, or Jamie Khan at (916) 444-3116, if additional information is needed. PUBLIC WORKS – SKILLED WORKFORCE / APPRENTICESHIP AB 3018 - Imposes new fines and penalties on the contractor or subcontractor that fails to use a required skilled & trained workforce. Also limits the public agency to withholding 150% of the monthly billing from a contractor/subcontractor who fails to meet compliance requirements. AB 235 - Authorizes a bilateral approval process for apprenticeship programs by maintaining the current existing process for construction, and establishes a separate program for emerging industries, such as IT, manufacturing, and others. PUBLIC WORKS - PROCUREMENT SB 1262 - Removes the cap on the number of Construction Manager/General Contractor (CM/ GC) projects administered by Caltrans. Requires Caltrans employees or consultants to perform project design and engineering services on at least two-thirds of the CM/GC projects. 10 AGCSD.ORG
SB 914 - Expands the authority of counties to use the Construction Manager At-Risk project delivery method on all infrastructure projects over $1 million, excluding roads. EMPLOYER / EMPLOYEES SB 1343 - Requires employers with five or more employees to provide at least two hours of sexual harassment training to all supervisory employees and at least one hour to all nonsupervisory employees by January 1, 2020, and every two years thereafter. SB 1300 - Lowers the standard for what constitutes severe or pervasive behavior for litigating sexual harassment claims. Prohibits employers from requiring employees to sign a release of claims under Fair Employment and Housing Act in exchange for a raise or as a condition of employment. AB 1976 - Requires an employer to make reasonable efforts to provide an employee with use of a room or other location, other than a bathroom, to accommodate an employee desiring to breast feed an infant child. LIABILITY AND CLAIMS AB 1654 - Exempts the construction industry from Private Attorney General Act (PAGA) claims for contractors operating under a collective bargaining agreement, if the agreement provides a grievance and binding arbitration procedure to redress violations that would have been remedied under PAGA. The bill sunsets in 2028.