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LEGISLATIVE UPDATE


  





























 
Dear <<First Name>>,

The following legislative update includes several laws that may affect your agency. Each link provides a brief summary of the legislation by either Best, Best & Krieger or Liebert Cassidy Whitmore. Be sure to review and update the agency's applicable policies to ensure compliance with changing requirements.

Employment Related
  • AB 2040: Annual compensation of elected officials, officers and employees must be posted on the entity's website
  • AB 2053: Sexual harassment prevention training (AB 1825) must now include training on "abusive conduct"
  • AB 2617 and AB 2634: Prohibits contractual waivers of certain civil rights, such as in arbitration agreements negotiated during termination
  • AB 11: Expands Labor Code Section 230.4 to include reserve peace officers and emergency personnel, providing up to 14 days protected leave for training
  • AB 1443: Extends FEHA's anti-discrimination and anti-harassment provisions to unpaid interns and volunteers
Water & Utilities
  • AB 2067 and SB 1420: Enhanced reporting requirements for water demand management, compliance with SBX7-7, and water saving practices (UWMP Act)
  • AB 2403: Fees to capture storm water are not subject to voter approval
  • SB 1168, SB 1319 and AB 1739: New Sustainable Groundwater Management Act;
  • AB 2747: Expanded termination notice requirements for delinquent residential utility accounts
Conflict of Interest
  • SB 952: Now a felony for any person to knowingly participate in a government official's conflict of interest in contracts
  • AB 1090: Gives authority to the FPPC to investigate and prosecute conflicts of interest, with permission from the District Attorney
Ordinances & Local Authority
  • AB 1147: Expanded local control over the massage industry
  • AB 2188: Requires streamlined permitting process for residential solar panels by Sept. 2015
Construction & Public Works
  • SB 328: Construction Management At-Risk projects (CMAR)
  • SB 785: Consolidated design-build authorization laws
  • SB 854: Contractors must be registered with the DIR to be eligible for bidding and completing public works projects
  • AB 26: Revises Definition of "Construction" To Include Post-Construction Clean-Up Work for Prevailing Wage Jobs
  • AB 52: Formal consideration of impact on Native American tribes will be required during environmental impact studies (CEQA) as of July 1st
  • SB 628, SB 614, AB 229, and AB 2292: Enhanced Infrastructure Financing Districts (EFID)
  • AB 1705: Limits Public Agencies Ability to Withhold More than 5% of Contract Price Absent "Substantially Complex" Findings 
OSHA and Safety
  • AB 2146: Establishes a committee to review the standards for Firefighters' Personal Protective Equipment by January 2016, with any changes to be adopted by OSHA in 2017.
The League of California Cities has prepared a comprehensive legislative report for 2014 that you can download here.
 
New Ruling: Plaintiff's Conduct Does Not Always Constitute Comparative Negligence
Joshua Bordin-Wosk, Bremer Whyte
California's Court of Appeals recently reversed a defense verdict concluding that, where a plaintiff is seeking damages only for the aggravation or enhancement of an injury or condition, the plaintiff’s pre-accident conduct cannot constitute comparative negligence when that conduct merely triggers the occasion for aid or medical attention. Read the full opinion...
Excerpted from Memo 2015-008 dated January 26, 2015

Reporting Reminder: ERMA must be notified within 30 days of a claim or incident. Late claims are subject to coverage denial or, if accepted, an SIR increase of up to 25%. All claims should now be submitted to:

Gerry Preciado, Litigation Manager, (800) 541-4591, ext. 1139; 
Lance Gerber, Legal Analyst, (800) 541-4591, ext. 4639; and
PARSAC, (800) 400-2642.

Feedback Needed! Proposed Services: ERMA is considering new services by Liebert Cassidy Whitmore (LCW): 1) Member discounts for personnel policy updates; and/or 2) A model handbook containing 70 model policies, to be regularly updated by LCW [requires a minimum participation of 35 members]. If interested, please contact Jaesa McCulligan, ERMA Analyst, by the end of February. [These services are different than those offered in the LCW Library or Consortium]

AB1825 Training Reminder: Members must remain compliant with state mandated sexual harassment prevention training, and maintain adequate records, to avoid an SIR penalty. ERMA continues to offer regional workshops, in2vate online training, and on-site workshops. All ERMA training is compliant with AB 2053, the "abusive conduct" law. To schedule training, contact Taylor Doris at (800) 541-4591, ext. 1174. 

Members are encouraged to register on the ERMA website for direct access to important membership information including the regional training calendar, governing documents, and meeting information.
Copyright © 2015 Public Agency Risk Sharing Authority of California, All rights reserved.


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