The Legislature began its 1-month Summer Recess during the middle of July, and will return mid-August for the final four weeks of the 2019 session.
Several bills remain on the legislative calendar that interest the architectural profession, including legislation affecting the independent contractor test, bond measures, and prevailing wages.
AB 5 – Independent Contractors
This bill changes the new independent contractor test, created by the California Supreme Court in the Dynamex decision, for a few professions, including architects. If AB 5 is passed and signed into law by the governor, architectural firms that contract with a licensed architect would not have to meet the Dynamex ABC test and instead would have to meet a less stringent test as spelled out in AB 5.
There are several bills still being considered that would place general obligation bonds before the voters. AB 48 proposes to place a $13 Billion Kindergarten-Community College Facilities Bond on the 2020 primary election ballot, and another bond measure of a yet-to-be specified amount on the 2022 general election ballot. AB 694 proposes to place a $600 Million Veterans Housing and Homeless Prevention Bond on the 2020 general election ballot.
AB 1768 is intended to clarify labor that must be paid a prevailing wage. AIA California is concerned this bill could be interpreted to affect services provided by architectural firms. AB 1768 specifies that work performed during site assessment and feasibility studies must be paid a prevailing wage. Arguably, this would apply only when the work is performed by an occupation that is covered by the prevailing wage orders, and thus have no effect when it is provided by an architectural firm. AIA California is seeking clarifying language to ensure that an architectural firm does not have to comply with the prevailing wage laws and regulations when it prepares a site assessment or feasibility study for a public sector client.