Public Works Administration

AB 2471 (Frazier) – Oppose
As amended April 7, 2014

AB 2471, by Assembly Member Jim Frazier, would place limits on the change order process by requiring a state or local agency to issue a change order to a public works contract promptly, and in no event later than 30 days after the extra work is required. If this timeframe is not met, the public entity would be held liable for the work. The bill also requires prejudgment interest of 10 percent to accrue on any amount for which the public entity fails to issue a change order promptly or make a payment due pursuant to this bill. Finally, the bill increases the potential for litigation by allowing a contractor to enforce the provisions in the bill through a writ of mandate.

CSAC is opposed to AB 2471, as it would impose arbitrary and burdensome timelines on the negotiation of a change order and put public works projects at risk. AB 2471 is set for hearing in the Assembly Committee on Accountability and Administrative Review on April 30.

Transportation 

AB 1720 (Bloom) – Support
As introduced on February 13, 2014

AB 1720, by Assembly Member Richard Bloom, would extend by one-year the exemption in current law that allows transit buses to operate over state weight limits, until January 1, 2016. The bill also allows transit agencies to continue to procure overweight transit buses under specified circumstances until January 1, 2016.

In 2012, the California Transit Association sponsored a measure that would have originally exempted transit buses from state weight limits on a permanent basis. Recognizing that transit buses exceed weight limits often due to regulations related to air quality and universal access, CSAC was sympathetic to the issues facing transit bus operators. A permanent exemption, however, failed to contemplate the significant negative impacts that heavier buses have on local streets and roads. Accordingly, the previous measure temporarily authorized overweight buses while a national study of issues related to bus weights is undertaken

The study, which will inform the most cost-effective and sensible permanent solutions, has been delayed. CSAC supports AB 1720 because it extends the current exemption until the study will be completed. AB 1720 will be heard in the Assembly Transportation Committee on April 28.

SB 990 (Vidak) – Oppose
As amended on April 21, 2014

SB 990, by Senator Andy Vidak, would require certain county transportation commissions and regional transportation planning agencies to program 5% of Regional Transportation Improvement Program funds to disadvantaged small communities. For purposes of this measure, a disadvantaged small community would mean a city or census-designated place that has a population of 25,000 or fewer people and that has a median household income less than 80 percent of the statewide average.

CSAC is opposed to this measure because it would unnecessarily limit the discretion of county transportation commissions and regional transportation planning agencies in allocating scarce transportation funds. Moreover, the arbitrary 5% standard could require investments well above a small community’s share of the population in a larger county or region. The additional standard could also make it difficult for transportation planning agencies to meet MAP-21 performance standards currently being developed by the federal government. 

SB 990 is set for hearing in the Senate Transportation and Housing Committee on April 29.

AB 2173 (Bradford) – Concerns
As amended on April 22, 2014

AB 2173, by Assembly Member Steven Bradford, would create a new class of motorized bicycle, a “low-speed electric bicycle,” and allow the use of these electric bicycles on bicycle paths or trails, bikeways, bicycle lanes, equestrian trails, or hiking or recreational trails. CSAC is concerned with the bill’s presumption that class-I bikeways and other off-road trails are appropriate for the use of electric bicycles. While certain facilities may be able to accommodate these vehicles, the bill’s “opt-out” approach is overbroad, especially given the potential liability issues that could arise. CSAC instead favors an “opt-in” approach allowing counties to determine on a case-by-case basis whether they will allow the use of electric bicycles on off-road trails or class-I bikeways.

AB 2173 is set for hearing in the Assembly Transportation Committee on April 28.

AB 2752 (Committee on Transportation) – Support
As amended on April 24, 2014

AB 2752, by the Assembly Committee on Transportation, is the transportation omnibus bill for 2014. CSAC worked with the proponents of AB 720 (Hall, 2011), which imposed a cap on the amount of force account work specified counties could perform under road commissioner authority, to make adjustments to ease implementation by counties. Specifically, the amendments clarify that counties should calculate eligible force account work on a fiscal year basis, and should use the Controller’s Annual Streets and Roads Report as of March 1 each year to determine the cap for the following year. The measure also specifies the ways in which counties can comply with the AB 720 requirement to “declare work” and clarifies that force account work to facilitate private contracts does not count towards the cap.

AB 2752 is set for hearing before the Assembly Transportation Committee on April 28. 

AB 1183 (DeSaulnier) – Request for Comments
As amended on March 24, 2014

SB 1183, by Senator Mark DeSaulnier, was amended to authorize a city, county, or regional park district to impose, upon approval of the voters of a special tax, a surcharge of . The bill would require the local agency to use the revenues for improvements to paved and natural surface trails, including existing and new trails, and for associated maintenance purposes. CSAC supported the previous version of the bill, which allowed imposition of a point-of-sale tax on the purchase of bicycles, provided that it was amended to expand the type of bicycle infrastructure the revenues could be put used to construct or maintain. 

CSAC is interested in comments from counties on the amended legislation. SB 1183 was passed by the Senate Governance and Finance Committee and will be heard in the Senate Transportation and Housing Committee on April 29.

Housing

AB 1537 (Levine) – Support 
As amended on April 21, 2014

AB 1537, by Assembly Member Marc Levine, would create a pilot project allowing Marin County and certain cities within the County, to move to a suburban default density to demonstrate that they have zoned an adequate amount of land to accommodate their respective shares of lower-income housing under the Regional Housing Needs Allocation Process. The pilot would last through 2023 require the jurisdictions to report to the Department of Housing and Community Development and the Legislature regarding the development of affordable housing under the suburban default density. The bill no longer applies to the counties of El Dorado, Placer and Yolo.

CSAC supports the bill, as it corrects an anomalous situation whereby Marin County is considered an urban jurisdiction for purposes of its default densities. Pursuant to a rule waiver, AB 1537 will be heard in both the Assembly Housing and Community Development Committee and the Assembly Local Government Committee on April 30.

AB 2135 (Ting) – Request for Comments
As amended March 28, 2014

AB 2135, by Assembly Member Phil Ting, would amend the procedure for the disposal of surplus land by local agencies and expands the provisions relating to the prioritization of low- and moderate-income housing development if the surplus land will be used for residential development. Among other provisions, the bill extends the time local agencies must engage in good faith negotiations with affordable housing developers desiring to purchase or lease land from 60 to 90 days, and gives priority to entities that agree to use the surplus land for development of housing with 100% affordable units. The bill also requires that if the surplus land will be used for residential development, then 25% of the total units must be affordable for low- or moderate-income households.

CSAC is interested in comments from counties as to the impacts of this bill. AB 2135 is set for hearing in the Assembly Local Government Committee on April 30.