By: @Anthony Tannehill
AB 2149 (Connolly) and AB 2182 (Haney), two public works measures that CSDA is engaged in, have been placed on the California State Senate Appropriations Committee suspense file due to the potentially significant costs they would mandate in the State of California.
The first measure, AB 2149 creates a framework for the inspection and repair of "regulated gates", imposes administrative fines for violations, and declares unrepaired and dangerous gates to be a public nuisance. A regulated gate is defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is located in an area that is intended to be used by the public, an entire community or neighborhood, or any considerable number of persons.
Under AB 2149, the state would mandate that all regulated gates meet several requirements and standards including a positive stop. The bill would further require the owner of a regulated gate to have it inspected on or before July 1, 2026, and have it reinspected, thereafter, at least once every 10 years by a professional or qualified employee to ensure that the regulated gate complies with the requirements. Gate-owner includes all state and local agencies. However, the legislation was recently amended to make it apply retroactively for parks and schools and prospectively for all other agencies.
The second measure, AB 2182, makes numerous changes to state public works law including granting joint labor-management committees (JLMCs) reasonable access to public works job sites and, if during any semiannual period the California Director of Industrial Relations determines that there has been a change in any prevailing wage rate in any locality, the Director to make such change available to the awarding body and the Director’s determination to be final. Such determination shall apply on its effective date to any contract that is awarded, or for which notice to bidders is published after July 1, 2025.
These measures have been estimated to cost the state millions of dollars and they will both be evaluated and decided at the upcoming suspense hearing on August 15.
The suspense file process is a way for the State Legislature to consider the fiscal impacts of legislation to the state wholistically. Generally, there is a threshold of estimated fiscal impact in the committee’s analysis that determines its assignment to the suspense file.
The vote-only suspense hearing is held prior to the deadlines for fiscal committees to hear and report bills to the Senate Floor. Bills will either move on to the Senate Floor for further consideration or be held in committee and under submission. If the measure is held under submission, it is generally dead for that year.
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