CCGO Legislative Status Report 9/11/2005
AB 14	(Harman) Property tax: subdivisions: separate assessments and valuations. (E-09/06/2005  html  pdf)
	Status: 09/06/2005-Enrolled and to the Governor at 2:30 p.m.
	Current Location: 09/06/2005-A ENROLLED
	Summary: Existing law provides for the creation of an assessor's office in each county, and requires the assessor's office to determine the new base year value for taxable real property that has been newly constructed. Existing law provides for the separate assessment of any parcel on the current tax roll and for specified classes of real property, and authorizes a payment of taxes on any parcel of real property separately from the whole assessment, if that parcel is either described in any duly executed and recorded deed or other specified document or has a separate valuation on the current roll, as provided. The bill would prohibit an assessor from assigning parcel numbers or preparing a separate assessment or separate valuation to divide any existing residential structure into a subdivision, as defined, until a subdivision final map or parcel map, as specified, has been recorded as required by law.
	Organization CCGO		Position Watch	Priority 3
AB 57	(Levine) Public works: prevailing wages. (V-09/02/2005  html  pdf)
	Status: 09/02/2005-Vetoed by the Governor
	Current Location: 09/02/2005-A VETOED
	Summary: Existing law governing the obligations of contractors and subcontractors involved in public works projects requires that employees be paid the general prevailing rate of per diem wages. Existing law also provides that per diem wages include employer payments for health and welfare, pension, vacation, travel, and subsistence pay, apprenticeship or other training programs, and similar purposes, and specifies the employer contributions, costs, and payments that employer contributions may include. That law prohibits credit from being granted for benefits required to be provided by other state or federal laws, and provides that credits for employer payments may not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. This bill would provide that an employer may take a credit for employer payments even if contributions are not made or costs are not paid, as specified, if payments are made on no less than a quarterly basis.
	Organization CCGO		Position Watch	Priority 3
AB 316	(Nakanishi) Contractors. (E-09/07/2005  html  pdf)
	Status: 09/07/2005-Enrolled text released
	Current Location: 09/07/2005-A ENROLLMENT
	Summary:  Under existing law, the disassociation of any qualifying partner, responsible managing officer, or responsible managing employee from a license that has been referred to arbitration does not relieve the qualifying partner, responsible managing officer, or responsible managing employee from responsibility for complying with an award rendered as a result of an arbitration referral. This bill would instead require a disassociated qualifying partner, responsible managing officer, or responsible managing employee to comply with an arbitration award rendered as a result of acts or omissions committed while acting as the qualifying partner, responsible managing officer, or responsible managing employee. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 342	(Baca) Perchlorate fee. (I-02/10/2005  html  pdf)
	Status: 02/11/2005-From printer. May be heard in committee March 13
	Current Location: 02/11/2005-A 2 YEAR
	Summary: Existing law, the Perchlorate Contamination Prevention Act, requires the Department of Toxic Substances Control to adopt regulations, by December 31, 2005, specifying best management practices for managing perchlorate materials. This bill would declare the intent of the Legislature to enact legislation that would authorize the department to assess a fee on products that contain perchlorate, as determined by the department, and to expend those funds to treat drinking water wells contaminated with perchlorate.
	Organization CCGO		Position Watch	Priority 3
AB 353	(La Malfa) Public resources. (I-02/10/2005  html  pdf)
	Status: 02/11/2005-From printer. May be heard in committee March 13.
	Current Location: 02/10/2005-A 2 YEAR
	Summary: Under existing law, the Public Resources Code compiles statutes regarding, among other things, parks and recreation, resource conservation, forests, energy, and environmental quality. This bill would declare the intent of the Legislature to revise the Public Resources Code by making technical changes to its provisions and deleting obsolete dates and report requirements.
	Organization CCGO		Position Watch	Priority 3
AB 364	(Cogdill) Public works: prevailing wages. (I-02/11/2005  html  pdf)
	Status: 04/20/2005-In committee: Set first hearing. Failed passage. Reconsideration granted.
	Current Location: 02/22/2005-A 2 YEAR
	Summary: Existing law, the Bergeson-Peace Infrastructure and Economic Development Bank Act, establishes the California Infrastructure and Economic Development Bank in the Technology, Trade, and Commerce Agency. The act requires public works financed by the bank to comply with certain laws applicable to payment of prevailing wages on public works. This bill would exempt those public works financed through the use of industrial development bonds under the California Industrial Development Financing Act from compliance with those laws relating to payment of prevailing wages. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 375	(Cogdill) CEQA: telecommunications lines: exemption. (A-03/29/2005  html  pdf)
	Status: 04/18/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
	Current Location: 03/30/2005-A 2 YEAR
	Summary: Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA exempts from its provisions, among other things, certain types of ministerial projects proposed to be carried out or approved by public agencies, emergency repairs to public service facilities necessary to maintain service, and actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale of purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report. This bill would additionally exempt from CEQA : (1) actions undertaken by a public agency relating to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing public or private structure, facility, mechanical equipment, or topographical feature, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination and consisting of an existing facility of both investor and publicly owned utilities used to provide telecommunications public utility services, as specified ; (2) replacement or reconstruction of an existing telecommunication utility system or facility involving negligible or no expansion of capacity; (3) conversion of a telecommunication utility overhead distribution system facility to underground, as prescribed; (4) the construction and location of a telecommunications utility extension, as prescribed; (5) construction and location of a telecommunications utility facility, as prescribed . This bill contains other related provisions.
	Organization CCGO		Position Watch	Priority 3
AB 400	(Gordon) CEQA: environmental impact reports: energy facilities. (I-02/15/2005  html  pdf)
	Status: 02/16/2005-From printer. May be heard in committee March 18.
	Current Location: 02/15/2005-A 2 YEAR
	Summary: The existing California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would declare the intent of the Legislature to streamline the process for obtaining an environmental impact report on a project in order to expedite the construction of new renewable energy facilities or repower existing renewable energy facilities.
	Organization CCGO		Position Watch	Priority 3
AB 405	(Montanez) Schools: pesticide use. (E-09/07/2005  html  pdf)
	Status: 09/07/2005-In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To enrollment.
	Current Location: 09/07/2005-A ENROLLMENT
	Summary: Existing law, the Healthy Schools Act of 2000, provides that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and requires that the state take the necessary steps, pursuant to specified provisions, to facilitate the adoption of effective pest management practices at schoolsites. The existing act requires each schoolsite to maintain records of all pesticide use at the schoolsite for a period of 4 years and to make the records available to the public upon request. The existing act requires, on an annual basis, the school district designee to provide to all staff and parents or guardians of pupils enrolled at a school written notification addressing, among other things, expected pesticide use. The existing act requires that the recipients be afforded the opportunity to register with the school district to receive information regarding individual pesticide applications. The existing act requires the school district designee to post warning signs prior to application of pesticides at a schoolsite. This bill would prohibit, in specified circumstances, the use on a schoolsite of specified pesticides that have been granted a conditional registration, an interim registration, or an experimental use permit by the Department of Pesticide Regulation, or a pesticide that is subject to an experimental registration issued by the United States Environmental Protection Agency. The bill would prohibit the use on a schoolsite of a pesticide if the Department of Pesticide Regulation cancels or suspends registration, or requires phase out of use, of the pesticide. The bill would also prohibit a vendor or manufacturer from making those pesticides available to a school district either by sale or by gift.
	Organization CCGO		Position Watch	Priority 3
AB 406	(Haynes) Construction contracts: indemnity. (A-04/28/2005  html  pdf)
	Status: 05/19/2005-Referred to Com. on RLS.
	Current Location: 05/19/2005-S RLS.
	Summary: Existing law provides that provisions, clauses, covenants, or agreements regarding construction contracts that purport to indemnify a promisee against liability for damages for death or bodily injury to persons, injury to property, or other loss, damage, expense arising from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee or for defects in design furnished by those persons, are against public policy and are void and unenforceable, except as specified. Existing law also provides that provisions, clauses, covenants, or agreements relating to construction contracts with a public agency that purport to impose on the contractor, or relieve the public agency from liability for the active negligence of the public agency, are void and unenforceable. This bill would state the intent the Legislature to enact legislation governing the use of indemnification and additional-insured provisions in construction contracts with respect to construction defect disputes, as specified.
	Organization CCGO		Position Watch	Priority 3
AB 501	(La Malfa) Water supply assessments. (I-02/16/2005  html  pdf)
	Status: 02/17/2005-From printer. May be heard in committee March 19.
	Current Location: 02/16/2005-A 2 YEAR
	Summary: Existing law requires a city or county that determines a project is subject to the California Environmental Quality Act to identify any public water system that may supply water for the project and to request those public water systems to prepare a specified water supply assessment, except as otherwise specified. This bill would declare the intent of the Legislature to enact legislation by revising existing provisions of law relating to water supply planning to require a city or county that undertakes an environmental restoration project, wildlife restoration project, or conservation easement transfer, to identify any public water system that is, or may become a supplier of water for that project, and to determine if the water requirements of the project are included as part of a specified urban water management plan.
	Organization CCGO		Position Watch	Priority 3
AB 508	(Richman) Department of Transportation: design-build contracting. (I-02/16/2005  html  pdf)
	Status: 03/03/2005-Referred to Com. on TRANS.
	Current Location: 03/03/2005-A 2 YEAR
	Summary: Existing law makes the Department of Transportation responsible for improving and maintaining the state highway system. Under existing law, until January 1, 2010, the department is authorized to utilize design sequencing as an alternative contracting method for the design and construction of not more than 12 transportation projects. This bill would authorize the department to use the design-build procurement process for its state highway construction contracts.
	Organization CCGO		Position Watch	Priority 3
AB 573	(Wolk) Construction contracts: indemnity. (A-04/28/2005  html  pdf)
	Status: 05/19/2005-Referred to Com. on RLS.
	Current Location: 05/19/2005-S RLS.
	Summary: Existing law provides that agreements contained in or affecting any construction contract that purport to indemnify the promisee against liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense arising from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, or for defects in design furnished by those persons, are against public policy and are void and unenforceable, except as specified. This bill would state the intent the Legislature to enact legislation governing the use of indemnification and additional-insured provisions in construction contracts with respect to construction defect disputes, as specified.
	Organization CCGO		Position Watch	Priority 3
AB 579	(Emmerson) Groundwater. (I-02/16/2005  html  pdf)
	Status: 02/17/2005-From Printer. May be heard in committee March 19.
	Current Location: 02/17/2005-A 2 YEAR
	Summary: Existing law declares that groundwater is a valuable natural resource and should be managed to ensure its safe production and its quality. This bill would make a technical, nonsubstantive change to that provision.
	Organization CCGO		Position Watch	Priority 3
AB 581	(Klehs) Public works: wages. (A-08/16/2005  html  pdf)
	Status: 08/25/2005-In committee: Set, first hearing. Held under submission.
	Current Location: 08/16/2005-S APPR. SUSPENSE FILE
	Summary: Existing law generally requires contractors engaged in public works to pay employees the prevailing wage, as determined by the Director of Industrial Relations, and to comply with specified provisions of the Labor Code. Under current law, the registrar initiates formal disciplinary proceedings against a contractor upon receipt of a certified copy of the Labor Commissioner's finding of a willful or deliberate violation of the Labor Code. This bill would eliminate the requirement for the preparation of a certified copy of a finding and would instead provide for the initiation of formal disciplinary proceedings upon the Labor Commissioner's finding of a willful or deliberate violation of the Labor Code. This bill would clarify that a finding of a violation of the Labor Code is not a prerequisite to a disciplinary action against a contractor. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Oppose	Priority 1
AB 584	(Blakeslee) Seismic safety. (C-07/21/2005  html  pdf)
	Status: 07/21/2005-Chaptered by Secretary of State - Chapter No. 92, Statutes of 2005
	Current Location: 07/21/2005-A CHAPTERED
	Summary: Existing law required that an Earthquake Research Evaluation Conference be held to critique existing and emerging technologies for earthquake research and recommending a comprehensive plan for earthquake research. This bill would delete an obsolete cross-reference, repeal an obsolete grant program, transfer funds remaining in the Alfred E. Alquist Earthquake Fund to the Seismic Safety Account in the Insurance Fund, appropriate those funds to the Seismic Safety Commission for expenditure in the 2005-06 fiscal year, and repeal the provision creating the Alfred E. Alquist Earthquake Fund. This bill contains other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 597	(Montanez) Response actions: brownfield sites. (A-06/27/2005  html  pdf)
	Status: 08/24/2005-In committee: Set, final hearing. Hearing canceled at the request of author.
	Current Location: 06/27/2005-S ENV. QUAL.
	Summary:  Existing law, the California Land Reuse and Revitalization Act of 2004, provides that an innocent landowner, a bona fide purchaser, or a contiguous property owner, as defined, qualifies for immunity from liability for response costs or damage claims with regard to a site in an urban infill area, if the innocent purchaser, bona fide purchaser, or contiguous property owner meets specified conditions. The act defines the term "agency" as meaning the Department of Toxic Substances Control, the State Water Resources Control Board, or a California regional water quality control board. This bill would revise the public participation procedures that are required to be included in the response plan, including requiring the agency to notify all other appropriate governmental entities and local agencies, including, but not limited to, the department, a regional board, or redevelopment agency, that is not party to the response plan regarding the proposed response action. The bill would require the regional board to provide reasonable public notice in English and other languages commonly spoken in the area, if appropriate, for public review and comment. The bill would also require the regional board to hold a public meeting in the area to receive comments if a public meeting is requested. The bill would require the regional board to consider any comments prior to acting on the response plan and to consider the use of factsheets, electronic copies of the response plan and site assessment, electronic comment forms, and the forming of advisory groups as appropriate to disseminate information and assist the regional board in gathering public input, public notices, and additional public meetings or workshops. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 645	(Houston) Tide and submerged lands: California Coastal Sanctuary: wells. (A-04/28/2005  html  pdf)
	Status: 05/02/2005-Re-referred to Com. on NAT. RES.
	Current Location: 05/02/2005-A 2 YEAR
	Summary:  Under existing law, the Controller is required to annually, as of June 30, apportion to each city or county having specified tide and submerged lands, 1% of the revenues paid to the state from oil and gas leases within the city or county, and 20% of the revenues paid to the state that are derived from the production of oil, gas, and other hydrocarbons from a state tideland lease, not to exceed a total of $200,000,000, adjusted for inflation, over a 20-year period. The amounts paid are required to be deposited in a special trust fund and expended for specified purposes. Existing law exempts from this payment requirement a lease that did not have either a local or state development plan submitted for consideration on or before January 1, 2002. This bill would additionally require, as a condition of exemption, that the lease existed on or before January 1, 2002. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 648	(Jones) Development projects: disclosure requirements. (E-09/07/2005  html  pdf)
	Status: 09/07/2005-Enrolled text released
	Current Location: 09/07/2005-A ENROLLMENT
	Summary:  Existing law requires each state agency and each local agency to compile one or more lists that specify in detail the information that will be required from any applicant for a development project. This bill would require that the list or lists additionally include the identity of the persons or entities that will own, lease, or occupy the project, if different from the person or entity applying for the development permit, if that identity is known to the applicant at the time of the application. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 662	(La Suer) Construction defects: County of San Diego: fires. (C-07/11/2005  html  pdf)
	Status: 07/11/2005-Chaptered by Secretary of State - Chapter No. 40, Statutes of 2005
	Current Location: 07/11/2005-A CHAPTERED
	Summary:  Existing law specifies the rights and requirements of a homeowner of a new residential unit to bring an action for construction defects, including applicable standards for home construction, the statute of limitations, the burden of proof, the damages recoverable, a detailed prelitigation procedure, and the obligations of the homeowner. (2) This bill would declare that it is to take effect immediately as an urgency statute. This bill contains other existing laws.
	Organization CCGO		Position Watch	Priority 3
AB 724	(Horton, Shirley) Design-build contracting. (I-02/17/2005  html  pdf)
	Status: 02/18/2005-From printer. May be heard in committee March 20.
	Current Location: 02/17/2005-A 2 YEAR
	Summary: Existing law requires public entities to comply with certain procedures in soliciting and evaluating bids and awarding contracts for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement. Existing law, until January 1, 2006, permits certain counties, with the approval of the board of supervisors, to enter into design-build contracts, as defined, in accordance with specified provisions. These provisions require that contracts with a cost ranging from $10,000,000 to $20,000,000 be awarded to the lowest responsible bidder, and authorizes contracts costing more than $20,000,000 to be awarded to the lowest responsible bidder or by best value. This bill would make technical, nonsubstantive changes to those provisions.
	Organization CCGO		Position Watch	Priority 3
AB 758	(Calderon) Construction contracts: indemnity. (E-08/29/2005  html  pdf)
	Status: 08/29/2005-Enrolled and to the Governor at 4:30 p.m.
	Current Location: 08/29/2005-A ENROLLED
	Summary: Existing law provides that, except as specified, agreements affecting any construction contract that purport to indemnify the promisee against liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense arising from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, or for defects in design furnished by those persons, are against public policy and are void and unenforceable. This bill would provide that, except as specified, all agreements affecting any residential construction contract and amendments thereto entered into after January 1, 2006, that purport to indemnify the builder by a subcontractor against liability for claims of construction defects or other injury to property arising from, pertaining to, or relating to the negligence of the builder or the builder's other agents, servants, or independent contractors who are directly responsible to the builder, or for defects in design furnished by those persons, or for claims that are unrelated to the scope of work in the agreement, are unenforceable, as specified.
	Organization CCGO		Position Support	Priority 1
AB 861	(Bass) Professions and vocations: licensure. (A-04/18/2005  html  pdf)
	Status: 04/27/2005-In committee: Hearing postponed by committee. (Refers to 4/26/2005 hearing)
	Current Location: 04/19/2005-A 2 YEAR
	Summary: Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes a board to deny licensure on certain grounds, including on the grounds that the applicant has been convicted of a crime. This bill would exempt licenses regulated by the Bureau of Automotive Repair, by the Board of Barbering and Cosmetology, by the Cemetery and Funeral Bureau, by the Bureau of Electronic and Appliance Repair, by the Bureau of Home Furnishing and Thermal Insulation, and by the Structural Pest Control Board from the provisions authorizing the denial of licensure for conviction of a crime with respect to a conviction for a nonviolent drug possession offense or a conviction for a misdemeanor or a felony that is not a serious or violent felony, if certain other conditions are met.
	Organization CCGO		Position Watch	Priority 3
AB 895	(Walters) Environment: California Environmental Protection Agency. (I-02/18/2005  html  pdf)
	Status: 02/20/2005-From printer. May be heard in committee March 22.
	Current Location: 02/18/2005-A 2 YEAR
	Summary: The Governor's Reorganization Plan No. 1 of 1991, which was not fully statutorily implemented, created the California Environmental Protection Agency, transferred the State Air Resources Board, the California Integrated Waste Management Board, the State Water Resources Control Board, and the California regional water quality control boards to the agency and created the Department of Toxic Substances Control and the Department of Pesticide Regulation within that agency. This bill would declare the intent of the Legislature to enact legislation that would consolidate, into a unified program under the authority of the California Environmental Protection Agency, the emergency response program of the Department of Toxic Substances Control, the business plan and accident release program of the Office of Emergency Services, the Marine Facilities Division of the State Lands Commission, and the oil spill unit of the California Coastal Commission.
	Organization CCGO		Position Watch	Priority 3
AB 1024	(Walters) Professional vocations: abolition of boards and committees. (I-02/22/2005  html  pdf)
	Status: 03/07/2005-Referred to Com. on B. & P.
	Current Location: 03/07/2005-A 2 YEAR
	Summary: Existing law, within the Department of Consumer Affairs, creates various boards with appointed members, which are charged with the licensing and regulation of certain professions and vocations, including the Speech-Language Pathology and Audiology Board, the Hearing Aid Dispensers Advisory Committee, the California Architects Board, the Landscape Architects Technical Committee, the Board for Professional Engineers and Land Surveyors, the Contractors' State License Board, and the Board of Barbering and Cosmetology. Existing law creates the Hearing Aid Dispensers Advisory Committee, which advises the Hearing Aid Dispensers Bureau of the department on related matters. Existing law, with respect to various other professions and vocations, provides for licensing and regulation of those professions and vocations directly by the Department of Consumer Affairs and staff appointed by the Director of Consumer Affairs. This bill would abolish all of the above-referenced boards and the committee, and transfer their responsibilities and duties to the Department of Consumer Affairs.
	Organization CCGO		Position Watch	Priority 3
AB 1192	(Villines) Public works: prevailing wages: affordable housing. (I-02/22/2005  html  pdf)
	Status: 04/20/2005-In committee: Set first hearing. Failed passage. Reconsideration granted.
	Current Location: 03/10/2005-A 2 YEAR
	Summary: Existing law generally requires the payment of the general prevailing rate of per diem wages to workers employed on public works projects costing over $1,000, unless the awarding body, as defined, elects to initiate and enforce a labor compliance program, as defined, for every public works project under the authority of that awarding body. Existing law generally defines ‘‘public works" to include construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, but exempts from that definition, among other projects, qualified residential projects and low-income housing projects, as specified. This bill would additionally exempt from the definition of "public work" and the prevailing wage requirements the construction, expansion, or rehabilitation of affordable housing units for low- and moderate-income persons, as defined, performed by a nonprofit organization, as defined.
	Organization CCGO		Position Support	Priority 1
AB 1453	(Daucher) Superior courts: adjudication of rights to produce groundwater. (A-03/30/2005  html  pdf)
	Status: 04/26/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
	Current Location: 03/31/2005-A 2 YEAR
	Summary: Existing law specifies the jurisdiction of the courts, sets forth the proper venue for the adjudication of various causes of action, as specified, and provides for the transfer of certain causes of action. This bill would establish 9 water divisions in the superior courts of specified counties. The bill would require the presiding judge of the superior court of each specified county to assign a water judge to the water division to preside over actions that involve the adjudication of rights to produce groundwater, as specified , and would provide for the transfer of groundwater actions to those courts. The presiding judge would be required to consider the experience in groundwater adjudications of each candidate for assignment as water judge, and would provide for filling the position of water judge in the event of a vacancy. The bill would further provide that a water judge has exclusive subject matter jurisdiction, and a water division has exclusive venue, over all matters relating to the adjudication of rights to produce groundwater, as specified . The bill would also require the Judicial Council to promulgate special rules governing those actions, in consultation with the water judges , the Department of Water Resources, and the State Water Resources Control Board.
	Organization CCGO		Position Watch	Priority 3
AB 1561	(Umberg) State boards and commissions: removal and penalties. (I-02/22/2005  html  pdf)
	Status: 02/24/2005-From printer. May be heard in committee March 26.
	Current Location: 02/22/2005-A 2 YEAR
	Summary: Existing law establishes various boards and commission in state government with specified duties and responsibilities. This bill would declare the intent of the Legislature to implement procedures that provide for the imposition of penalties, removal from office, or both, as to appointed members of state boards and commissions who do not adequately perform their duties, including the regular attendance of meetings.
	Organization CCGO		Position Watch	Priority 3
AB 1679	(Mullin) Building standards: hazard buildings. (I-02/22/2005  html  pdf)
	Status: 02/25/2005-From printer. May be heard in committee March 27.
	Current Location: 02/22/2005-A 2 YEAR
	Summary: Existing law establishes a program for mitigation of potentially hazardous buildings, as defined, within all cities, both general and chartered, and all counties and those portions of a county that are located within a designated seismic zone to identify all potentially hazardous buildings. This bill would correct an obsolete reference.
	Organization CCGO		Position Watch	Priority 3
AB 1705	(Keene) Forestry: timber harvesting plans. (A-05/02/2005  html  pdf)
	Status: 06/21/2005-In committee: Set, second hearing. Hearing canceled at the request of author.
	Current Location: 06/09/2005-S 2 YEAR
	Summary: The existing Z'berg-Nedjedly Forest Practice Act of 1975 requires the State Board of Forestry and Fire Protection to adopt district forest practice rules and regulations for each forest and fire protection district in accordance with the policies set forth in the act. The act defines "timberland," for purposes of its provisions, to mean land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of any commercial species used to produce lumber and other forest products, including Christmas trees. This bill would eliminate Christmas trees from that definition of "timberland," and would specify that timberland does not include a parcel of land less than one acre, or a parcel of land less than 3 acres that was created under lead agency authority of a city and county, and the approval of which is subject to the California Environmental Quality Act (CEQA).
	Organization CCGO		Position Watch	Priority 3
SB 140	(Margett) Subsurface installations: excavation. (C-07/26/2005  html  pdf)
	Status: 07/25/2005-Chaptered by the Secretary of State, Chapter Number 114
	Current Location: 07/25/2005-S CHAPTERED
	Summary: Existing law requires an excavator to determine the exact location of subsurface installations that are in conflict with the excavation before using any power-operated or power-driven excavating or boring equipment within the approximate location of the subsurface installation, with a specified exception. The excavator is required to use hand tools to determine the location of subsurface installations, as specified. Existing law requires the operator of a subsurface installation that receives timely notice of proposed excavation work to make a reasonable effort to field mark the location of the installation using specified colors. This bill would allow the utilization of vacuum excavation devices or power-operated or power-driven tools, provided that an express written mutual agreement exists, as specified. This bill would also require operators to use the uniform color code of the American Public Works Association when making field markings.
	Organization CCGO		Position Watch	Priority 3
	Organization CCGO		Position Watch	Priority 3
SB 228	(Figueroa) Geologists and Geophysicists: Professional Engineers and Land Surveyors. (E-09/07/2005  html  pdf)
	Status: 09/07/2005-Senate concurs in Assembly amendments. (Ayes 34. Noes 3.) To enrollment.
	Current Location: 09/07/2005-S ENROLLMENT
	Summary:  Existing law establishes the Board for Professional Engineers and Land Surveyors in the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer. Existing law authorizes the board to make and enforce rules and regulations that are reasonably necessary to carry out the provisions of law regulating land surveyors. Existing law provides that these provisions are to become inoperative and are repealed on July 1, 2006, and January 1, 2007, respectively. This bill would instead make these provisions inoperative and repealed on July 1, 2008, and January 1, 2009, respectively. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Support	Priority 1
SB 246	(Figueroa) Board for Professional Engineers and Land Surveyors: engineers. (A-07/06/2005  html  pdf)
	Status: 08/23/2005-Hearing postponed by committee. (Refers to 8/23/2005 hearing)
	Current Location: 07/06/2005-A B. & P.
	Summary: Existing law establishes the Board for Professional Engineers and Land Surveyors in the Department of Consumer Affairs. Existing law requires the board to appoint an executive officer. Existing law authorizes the board to make and enforce rules and regulations that are reasonably necessary to carry out the provisions of law regulating land surveyors. Existing law provides that these provisions are to become inoperative and are repealed on July 1, 2006, and January 1, 2007, respectively. This bill would instead make these provisions inoperative and repealed on July 1, 2012, and January 1, 2013, respectively. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
SB 668	(Kuehl) Mining. (A-06/30/2005  html  pdf)
	Status: 08/17/2005-Set, second hearing. Hearing canceled at the request of author.
	Current Location: 07/06/2005-A APPR.
	Summary:  Existing law, the Surface Mining and Reclamation Act of 1975, requires a lead agency, as defined, to submit to the Director of Conservation a surface mining operation's reclamation plan, financial assurances, or amendments for review before approving the operation. The director may prepare written comments on the submitted plan, assurances, or amendments to the lead agency. Existing law requires the lead agency to respond to the director's comments and provide copies of the director's comments and the lead agency's response to the affected operator. This bill would require the lead agency to provide a 30 days' notice to the director and the affected operator regarding the time, place, and date of a hearing before the lead agency on the approval of the plan, assurance, or amendment. If no approval hearing is required, the bill would require the lead agency to provide a 30 days' notice to the director and the affected operator of its intent to approve the plan, assurance, or amendment. The bill would impose a new duty on a local agency by requiring the local agency to provide the required notice, thereby creating a state-mandated local program. This bill contains other related provisions and other existing laws.
	Organization CCGO		Position Watch	Priority 3
SB 752	(Cox) Engineers: licensure. (I-02/22/2005  html  pdf)
	Status: 06/28/2005-Set, first hearing. Failed passage in committee. Reconsideration granted.
	Current Location: 05/23/2005-A 2 YEAR
	Summary: Existing law, the Professional Engineers Act, provides for the licensing and regulation of engineers by the Board for Professional Engineers and Land Surveyors. Existing law authorizes the board to issue a certificate of registration as a professional engineer to a person holding a certificate of registration issued by another state or country when the applicant's qualifications meet certain requirements. Existing law requires the board to register comity applicants registered in a branch not recognized for registration in California to be registered in the branch in which their experience and education indicate the closest relationship. This bill would instead authorize the board to register a comity applicant in the branch in which his or her experience and education indicate the closest relationship only if the board determines that the applicant meets the minimum qualifications for licensure in that branch.
	Organization CCGO		Position Watch	Priority 3
SB 754	(Poochigian) Unitrust conversions. (C-07/21/2005  html  pdf)
	Status: 07/21/2005-Chaptered by Secretary of State - Chapter No. 100, Statutes of 2005
	Current Location: 07/21/2005-S CHAPTERED
	Summary: Existing law governs proceedings for the administration of trusts. This bill would authorize a trustee, unless prohibited by the governing instrument, to convert a trust into a unitrust, pursuant to specified procedures. The bill would permit the trustee to convert a trust into a unitrust without a court order if specified conditions and requirements are satisfied, the trustee gives written notice of the intent to convert in accordance with certain notice requirements, and no beneficiary objects to the proposed action in writing during a specified timeframe. The bill would give the trustee the power, after a trust is converted to a unitrust, to make regular distributions of trust income in accordance with specified provisions. The bill would also establish procedures by which a trustee may reconvert from a unitrust to a trust and change the distribution payout percentage of a unitrust. The bill would require a fiduciary administering a unitrust, reconverting a unitrust, or changing the percentage payout from a unitrust to administer the trust impartially. The bill would make other conforming changes to related provisions of law related to trust administration.
	Organization CCGO		Position Watch	Priority 3
SB 868	(Ackerman) Public works: prevailing wage rates. (I-02/22/2005  html  pdf)
	Status: 03/10/2005-To Com. on RLS.
	Current Location: 03/10/2005-S 2 YEAR
	Summary: Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the body awarding a contract for public work to obtain from the Director of Industrial Relations the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed. This bill would make technical, nonsubstantive changes in public works wage rate provisions.
	Organization CCGO		Position Watch	Priority 3
SB 947	(Morrow) Construction contracts: indemnity. (I-02/22/2005  html  pdf)
	Status: 03/17/2005-To Com. on JUD.
	Current Location: 03/17/2005-S 2 YEAR
	Summary: Existing law provides that agreements affecting any construction contract that purport to indemnify the promisee against liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage, or expense arising from the sole negligence or willful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, or for defects in design furnished by those persons, are against public policy and are void and unenforceable, except as specified. This bill would provide that any provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract entered into on or after January 1, 2006, for the construction of residential units, as specified, that purport to indemnify the promisee against liability for damages for injury to property, or any other loss, damage, or expense arising from the act or omission of the promisor, shall be limited only to damages, injury, loss, or expense caused by the promisor, or the promisor's subcontractors, agents, or representatives, without regard to any applicable standard of liability, except as specified.
	Organization CCGO		Position Support	Priority 1
Total Position Forms: 39